Section
10.168.010 Purposes.
10.168.020 Objectives.
10.168.030 Sale of vehicle fuel.
10.168.040 Alcoholic beverages, on-sale and off-sale.
10.168.050 Modular structures.
10.168.060 Movement and placement of structures.
10.168.070 Recycling facilities.
10.168.080 Outdoor assemblies in the R-A Zone District.
10.168.090 Medical marijuana businesses and deliveries.
The purpose of this chapter is to provide procedures, development standards and location criteria for special uses within the City of Tulare. Special uses may include, but shall not be limited to, service stations, sale of alcoholic beverages and modular structures.
(1995 Code, § 10.168.010) (Ord. 00-1854, passed - -2000)
(A) Establish location criteria for special uses to insure that these uses do not have an adverse impact on the public health, safety or welfare; and
(B) Set forth development standards for special uses when they are constructed.
(1995 Code, § 10.168.020) (Ord. 00-1854, passed - -2000)
(A) A conditional use permit is required for a business engaged in the sale of vehicle fuel or diesel fuel.
(B) The following are development standards and location criteria for businesses engaged in the sale of vehicle fuel:
(1) Service stations, convenience stores and mini-markets shall have a minimum lot size of not less than 15,000 square feet, with not less than 125 feet of frontage on a public street (this requirement shall not apply to the redevelopment of a preexisting service station use).
(2) Except for truck refueling stations, service stations, convenience stores and mini-markets shall be permitted only at the intersection of a major arterial or arterial street as shown on the General Plan, except in the case of an integrated commercial shopping center, where the Planning Commission, at its discretion, may allow the development of a service station, provided that the service station can be made a functional part of the center; that it will blend architecturally with the center; and that it will not disrupt either the internal or external traffic flow in and around the center.
(3) Businesses engaged in the sale of vehicle fuel shall not be constructed on more than two corners of an intersection, except in the case of an integrated shopping center, where the Planning Commission may, at its discretion, provide for an additional sale of vehicle fueling business within a shopping center.
(4) Utility trailers and rental trucks may be stored (for rental purposes) on a service station site, provided they are screened from view and adequate space is provided by addition to the minimum site requirement. Utility trailers and other rental equipment shall not be permitted in a C-1 District or in shopping centers.
(5) All merchandise shall be stored and displayed within the service station building with the exception of lubricating items and accessories, which may be displayed and maintained in movable cabinets or racks especially designed for the display of such items.
(6) All repair works and servicing operations shall be conducted within a completely enclosed building. No outdoor storage of disabled vehicles, vehicles under repair, automobile parts or repair equipment shall be allowed at any time. No dismantling of automobiles for the purposes of selling parts shall be allowed.
(7) No body or fender work, automobile painting, or tire recapping shall be permitted.
(1995 Code, § 10.168.030) (Ord. 02-1897, passed - -2002; Ord. 00-1854, passed - -2000)
(A) The Planning Commission shall consider all uses and businesses proposing to sell alcoholic beverages to the public, or in case of a private club, its members, in accordance with Chapter 10.116, Conditional Use Permits.
(B) The Planning Commission shall consider whether the proposed use or business will detrimentally affect nearby properties or sensitive land uses, including but not limited to, residential neighborhoods, schools, churches, hospitals, public playgrounds or other similar uses.
(C) The sale of alcoholic beverages for temporary periods shall not be subject to a conditional use permit, but shall be subject to review and approval by the Planning and Building Director and City Police Chief, in accordance with Chapter 10.140, Administrative Agreements.
(D) The provisions of this section do not apply to wholesale businesses providing services to retailers only.
(1995 Code, § 10.168.040) (Ord. 00-1854, passed - -2000)
(A) A modular structure shall mean any designed, manufactured, remanufactured, altered, used or converted-for-use transportable building or major component of a building designed for use by itself or for on-site incorporation with similar units into a structure for residential, commercial, professional, or industrial use. A modular structure includes all residential units except as defined in Cal. Health and Safety Code §§ 18008 and 18008.5.
(B) A permanent modular structure shall have the same meaning as modular structure but will exist on a parcel of land two years or more.
(C) A temporary modular structure shall have the same meaning as modular structure but will exist on a parcel of land for less than two years. The Planning Commission may set a time limit of less than two years where it deems appropriate.
(D) A permanent modular structure may be approved by the Planning Commission in accordance with Chapter 10.116, Conditional Use Permits, subject to the following provisions:
(1) A conditional use permit shall be filed and approved for each modular structure on a site.
(2) Each permanent modular structure shall be placed on a permanent foundation.
(3) All permanent modular structures shall be of an architectural style consistent with surrounding structures.
(4) Permanent parking spaces shall be provided as required by Chapter 10.192, Parking and Loading.
(5) Landscaping shall be provided as required by Chapter 10.196, Landscaping.
(6) Permanent modular structures shall comply with all applicable federal, state and local laws.
(E) A temporary modular structure may be approved by the Planning Commission in accordance with Chapter 10.116, Conditional Use Permits, subject to the following development standards and regulations:
(1) All temporary modular structures shall be screened or located to minimize visibility from street frontages.
(2) All temporary modular structures shall provide skirting around the structure as required by the Planning Commission.
(3) A temporary modular structure shall be removed within 30 days of expiration of the time period approved by the Planning Commission.
(4) A bond in the amount set by the Planning Commission shall be posted and filed with the Planning and Building Department prior to installation of any temporary modular structure. The bond shall be executed by the City of Tulare if the temporary modular structure is not removed after 30 days have lapsed from expiration of the time limit as approved by the Planning Commission.
(5) Each temporary modular structure shall comply with all applicable federal, state and local laws.
(1995 Code, § 10.168.050) (Ord. 00-1854, passed - -2000)
(A) No structure (except a modular structure regulated by § 10.168.050 of the Tulare Municipal Code) shall be moved and located onto real property located within the City of Tulare unless and until a conditional use permit pursuant to Chapter 10.116, governing Conditional Use Permit(s) of the Tulare Zoning title, shall have been first applied for and obtained. No movement of the structure can commence until and unless such a conditional use permit has been issued.
(B) At a minimum, the following conditions shall be imposed as part of the conditional use permit.
(1) Prior to movement of a structure all requisite permits, including, but not limited to, a moving permit and a building permit, shall be obtained.
(2) The structure shall be compatible in size and scale, with the neighborhood the structure is intended to be moved into.
(3) (a) Prior to the movement of any structure, a cash deposit, in an amount not less than $5,000, with the amount established by the Planning Commission, shall be transmitted to the City of Tulare for the purpose of securing the movement of a structure off the site, or demolition, should performance and completion of improvement to the structure not take place within limits set forth in this title and by the Planning Commission.
(b) The deposit shall be reimbursed to the depositor based upon performance, as follows:
1. Twenty percent after structure is placed on a permanent foundation;
2. Thirty percent after completion of street-facing elevations; and
3. Fifty percent following issuance of a certificate of occupancy.
(4) A building permit, issued for the purpose of improving a structure to be moved onto a site within the City of Tulare, shall be valid for a period not to exceed 90 days. Any building permits issued after this period shall be subject to the structure being substantially completed and the full completion of the side or sides of the structure facing a public street.
(5) Except as permitted by the Planning Commission, the front door of a residential structure shall be located on the side of the structure facing the nearest public street.
(1995 Code, § 10.168.060) (Ord. 00-1854, passed - -2000)
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