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(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)
For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COLLECTION FACILITY. A center for the acceptance by donation, redemption or purchase, of recyclable materials from the public. The facility shall not complete any processing except limited bailing, batching and the sorting of recyclable material and shall be classified as either a “small collection” or “large collection” facility.
(1) LARGE COLLECTION FACILITY. A collection facility which occupies an area of more than 200 square feet and may include a mobile unit, bulk reverse vending machine or a grouping of reverse vending machines, a kiosk type unit which may include a permanent structure, or an unattended container placed for the donation of recyclable materials.
(2) PROCESSING FACILITY. A building or enclosed space used for the collection and processing of recyclable materials. PROCESSING means the preparation of material for efficient shipment or to an end-user’s specifications, by such means as baling, briquetting, impacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning and remanufacturing.
(3) SMALL COLLECTION FACILITY. A collection facility which occupies an area of not more than 200 square feet, and may include a mobile unit, bulk reverse vending machine or a grouping of reverse vending machines, a kiosk type unit which may include a permanent structure, or an unattended container placed for the donation of recyclable materials.
RECYCLABLE MATERIAL. Reusable material including but not limited to metals, glass, plastic and paper, which are intended for reuse, remanufactured or reconstitution for the purpose of using the altered form. RECYCLABLE MATERIAL does not include refuse or hazardous materials. RECYCLABLE MATERIAL may include used motor oil collected and transported in accordance with Cal. Health and Safety Code §§ 25250.11 and 216643.2(b)(4).
RECYCLING FACILITY. A center for the collection and/or processing of recyclable materials. A certified recycling facility or certified processor means a recycling facility certified by the Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. A RECYCLING FACILITY does not include storage containers or processing activity located on the premises of a residential, commercial or manufacturing use and used solely for the recycling of material generated by that residential property, business or manufacturer. RECYCLING FACILITIES are either collection facilities or processing facilities.
(1995 Code, § 10.168.070) (Ord. 00-1854, passed - -2000)
Outdoor assemblies shall comply with the following requirements of this section.
(A) A conditional use permit shall be obtained in accordance with the procedures outlined in Chapter 10.116.
(B) Applicant shall provide a detailed site plan depicting areas to be used for seating, parking, driveways, open space areas and setbacks.
(C) Parking shall be provided at one space per three seats, or if no seats are provided, one space per 40 square feet of area devoted to assembly use. All parking areas shall be improved to include gravel, rock, dust binder or other surfacing material which will mitigate dust. All parking areas shall be maintained to control dust.
(D) All outdoor music shall not exceed 65dbA at any property line conterminous with any R-1 Zone District.
(E) All public works improvements shall be provided as required by the Public Works Director.
(F) No loud speaker may be used for an outdoor assembly that produces sounds which will cause a significant noise impact. An applicant which proposes the use of a loud speaker shall submit a plan to the Planning Commission demonstrating that the use of a loud speaker will not cause significant noise impacts.
(G) Property must contain a single-family house which is owner occupied by the applicant/holder of the use permit.
(H) Hours of operation shall be limited to 9:00 a.m. to 10:00 p.m. The Planning Commission may impose additional requirements by restricting the use to certain days of the week.
(I) The Planning Commission may require a time limit (sunset clause) on any use permit.
(1995 Code, § 10.168.080) (Ord. 00-1854, passed - -2000)
(A) Definitions set out in Title 5, § 5.96.020 are applicable herein.
(B) Except for two dispensaries considered legal non-conforming uses as provided in Title 5, § 5.96.015, no medical marijuana business, dispensary, stationary or mobile, or commercial cultivation facility are permitted in any zone in the City of Tulare.
(C) No more than one medical marijuana business may operate out of a single building.
(D) All medical marijuana dispensaries under this section are considered commercial businesses with a Standard Industrial Classification (SIC) of "Personal Services" (group 70) or "Miscellaneous Services" (group 89).
(E) No commercial deliveries of marijuana are permitted in any zone in the city.
(Ord. 15-13, passed 1-19-2016; Ord. 05-2000, passed 1-3-2006)