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A. Compliance with This Chapter. The regulations specified in this title shall be subject to the general provisions and exceptions of this chapter.

B. Use Regulations.

1. No dancehall, roadhouse, nightclub, commercial club, establishment where alcoholic beverages are served, commercial place of amusement or recreation, including but not limited to an amusement center or arcade, or place where entertainers are provided whether as social companions or otherwise, shall be established in any zoning district in the city unless a use permit is first secured in each case.

2. The following activities shall be permitted in any zoning district:

a. The excavation or removal of materials or trees during the normal construction of buildings, structures or underground facilities;

b. Cutting or removal of trees for the purpose of land clearing for public roads and rights-of-way;

c. The cutting or removal of Christmas trees.

3. Public utility distribution and transmission line towers and poles and underground facilities for distribution of gas, water, telephone, and electricity and telephone booths shall be allowed in all districts, after first obtaining a coastal permit.

4. No accessory building or structure shall be constructed or placed, nor shall any accessory use be conducted on any property in any R district unless and until the main building is constructed or until a coastal permit is first obtained.

5. No trailer or mobile home shall be used in any zoning district for any purpose other than a single-family residence or for residential or agricultural storage purposes unless a coastal permit is first secured in each case.

6. Trailers or mobile homes used as temporary construction offices are allowed without the securing of a use permit. Such use shall be permitted only during the period of construction.

7. Trailers or mobile homes used by public utility companies for temporary emergency equipment or supplies shall be allowed in any district without the securing of a use permit; provided, however, that such use shall not exceed ninety days’ duration.

8. Licensed residential care homes for aged persons of not more than six people, including any permitted rooming and boarding, may be allowed in any zoning district which allows residential uses.

9. Licensed nursery schools may be permitted in any zoning district upon first securing a coastal permit in each case.

10. Mobile homes and trailers, used as living quarters, not located in mobile home parks or trailer camps shall be allowed only in conjunction with agricultural uses or for the purpose of twenty-four-hour watchman’s quarters upon first securing a coastal permit in each case which will be good for a maximum period of one year, after which time permanent living quarters shall be constructed. Existing mobile homes which have been granted use permits, and which do not comply with the provisions of this title, may be allowed to continue for as long as the planning commission may desire upon first securing a coastal permit in each case. The following regulations shall apply in all cases where a coastal permit is granted:

a. Skirting of fireproof material shall be provided around the perimeter of the mobile home or trailer;

b. The face of all cut-and-fill slopes shall be planted with a groundcover approved by the director of planning to protect the slopes against erosion;

c. All cut-and-fill slope landscaped areas shall be continuously maintained by the applicant in a litter-free, weed-free condition, and all plant materials shall be continuously maintained in a healthy, growing condition;

d. The planning commission may require compliance with any other conditions or requirements which it may deem reasonable and necessary to make the mobile home compatible with the surrounding neighborhood.

11. No person, firm or corporation shall hereafter, within the city, use any land or erect, construct or use any building, structure or enclosure for the purpose of maintaining a zoo or zoological garden for the purpose of raising, maintaining, keeping or exhibiting of any wild animal unless and until a coastal permit has been first secured. A coastal permit may be applied for in any district except for R-1, R-2, R-3 and R-4 districts. Such uses must be found consistent with the local coastal land use plan.

12. Water Facilities.

a. Water facilities, including wells and storage tanks, serving less than three domestic users are permitted in any zoning district.

b. Water facilities, including wells and storage tanks, serving three or four domestic users are permitted in any zoning district upon approval by the design review board as to the location, access, landscaping and color of storage tanks. Such uses shall be subject to a coastal permit.

c. Water facilities, including wells and storage tanks, serving five or more domestic users are permitted in any zoning district upon securing a coastal permit in each case.

13. The proposed use shall be consistent with the designation and policies of the general plan and local coastal land use plan.

14. No more than fifteen percent of the units in any motel or auto court may be provided with a kitchen or kitchenette. No unit in any motel or auto court containing a kitchen or kitchenette shall exceed three hundred fifty square feet of gross floor area. Each unit in a motel or auto court containing a kitchen or kitchenette shall be provided with one and one-half on-site parking spaces.

C. Private Stables. The following regulations shall apply in all cases where a use permit has been issued for the maintenance of a private stable:

1. The minimum lot area upon which a horse may be kept is one acre and two horses may be kept on such area. One additional horse may be kept for each twenty thousand square feet by which the parcel of land exceeds one acre;

2. Stables shall be located midway between the side lot lines and in no case closer than twenty feet from the side lines, and not closer than fifty feet to the front lot line. Paddocks shall be located on the rear half of the lot not closer than twenty feet to any property line nor closer than forty feet from any dwelling on the same or adjacent property;

3. Prior to the establishment of any stable, the planning commission will be required to make a finding that such use is consistent with the local coastal program. Stables will also be required to first obtain a coastal permit.

D. Secondary Dwelling Units and Guest Houses. The following regulations shall apply to all guest houses in K and R districts:

1. Guest House. Detached living quarters of a permanent type of construction, without kitchen or cooking facilities, clearly subordinate and incidental to the main building, on the same building site, and not be rented, let or leased, whether compensation be direct or indirect.

2. No guest house shall be erected or enlarged and no existing accessory building shall be converted into a guest house without first obtaining a coastal permit in each case.

3. There shall be but one guest house on any one building site. No kitchen or cooking facilities shall be permitted in any such guest house.

4. All guest houses shall be located on the rear half of the building site and shall not be built closer than six feet from the nearest property line, both sides and rear. It shall not be closer than six feet from the nearest point of the main residence.

5. The guest house together with the other accessory buildings shall not exceed thirty percent of the rear yard on which it is built.

6. A guest house shall not exceed a height of sixteen feet.

7. No guest house or any part thereof shall be rented, let or leased separate from the main residence.

E. Mobile Home Parks. The following regulations shall apply in all cases where a use permit has been issued for a mobile home park, except otherwise prescribed by state law:

1. The minimum lot area for a mobile home park shall be five acres.

2. No mobile home park shall have commercial uses other than those used primarily by the residents of the park such as: coin-operated machines for laundry, soft drinks, cigarettes and similar uses on condition that the uses shall be located in the interior of the park.

3. The density of the mobile home park shall be limited to eight homes per acre with the minimum mobile home site to be not less than three thousand square feet.

4. Minimum yard setbacks from adjoining streets and properties shall be as follows: front yard setback, twenty feet; side yard setback, ten feet; and rear yard setback, ten feet, except otherwise prescribed by state law.

5. Landscaping and fences shall be provided and shall be designed to screen the mobile home park from the street and adjoining properties. Landscaping and fencing plans shall be approved by the director of planning.

6. All landscaped areas shall be continuously maintained by the applicant in a litter-free, weed-free condition and all plant material shall be continuously maintained in a healthy, growing condition.

7. No less than ten percent of the total area of the mobile home park shall be developed for recreational purposes.

8. For required parking see Section 17.40.210.

9. All utility distribution facilities, including but not limited to electric, communication and cable television lines installed for the purpose of supplying service within any mobile home park, shall be placed underground, except as follows: equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts, or such equipment when concealed by shrubbery, landscaping or other screening and approved by the director of planning. The planning commission may waive the requirements of this section if topographical, soil or other physical conditions make underground installation of such facilities unreasonable or impractical.

F. Height.

1. Chimneys, vents, cupolas, spires, and other architectural or mechanical appurtenances may not be erected to a greater height than the limit established for the district in which the building is located without first securing a coastal permit.

2. Towers, poles, water tanks, and similar structures may not be erected to a greater height than the limit established for the district in which they are to be located without first securing a coastal permit in each case.

G. Yards.

1. In any case, where an official plan line has been established as a part of the street and highway master plan, the required yards on the street side shall be measured from such official plan lines and in no case shall the provisions of this title be construed as permitting any structures to extend beyond such building line.

2. Cornices, eaves, canopies, and similar architectural features may extend into any required yard not exceeding two and one-half feet.

3. Uncovered porches, or stairways, fire escapes or landing places may extend into any required front or rear yard not exceeding six feet, and into any required side yard not exceeding three feet.

4. In any R or K district, where fifty percent or more of the building sites on any one block or portion thereof in the same district have been improved with buildings, the required front yard shall be of a depth equal to the average of the front yards of the improved building sites, to a maximum of that specified for the district in which such building site is located.

5. In case a dwelling is to be located so that the front or rear thereof faces any side lot line, such dwelling shall not be less than ten feet from such lot line.

6. In case a building site is less than sixty feet in width, side yards equal to ten percent of the lot width but not less than five feet shall be required, except in C districts.

7. In the case of a corner lot adjacent to a key lot, the required side yard on the street side for any building within twenty-five feet of the side line of the key lot shall be equal to the front yard required on the key lot, and if more than twenty-five feet from such side line, the required side yard shall be fifty percent of the front yard required on the key lot.

8. In case an accessory building is attached to the main building it shall be made structurally a part thereof and shall comply in all respects with the requirements of this title applicable to the main building.

9. Except as otherwise provided in subsections (G)(10) and (G)(11) of this section, detached accessory buildings not for living purposes shall not be located:

a. Within six feet from the main building;

b. Within fifty feet from the front property line;

c. Within six feet from the sidelines of the front one-half of the lot;

d. Within six feet of the sidelines of the front one-half of any adjacent lot;

e. Within one foot of any lot line of the rear one-half of the lot;

f. So as to encroach on any easement or right-of-way of record.

10. Detached accessory buildings used as guest houses or as living or sleeping quarters of any kind shall not be located within six feet from the rear and side property lines.

11. Detached accessory buildings which have access from an alley shall not be located within six feet of the alley.

12. In case of a lot abutting upon two or more streets, the main building and accessory buildings shall not be erected so as to encroach upon the front yard or the exterior side yard required on any of the streets.

13. Notwithstanding any requirements in this section, in cases where the elevation of the front half of the lot at a point fifty feet from the centerline of the traveled roadway is seven feet above or below the grade of the centerline, a private garage attached or detached may be built to within five feet of the front line of the lot.

14. Nothing contained in the general provisions shall be deemed to reduce special yard requirements as set forth in the regulations for any R or K districts.

15. Structures, except utility poles and utility equipment appurtenant thereto, shall not be located so as to encroach on any utility or road easement or right-of-way.

I. Satellite Dish Antennas. Legislative Finding and Determination. The city council of the city of Marina does find, determine and declare as follows: that the use of satellite dish antennas is increasing throughout the city due to technological advances of such equipment; that although such equipment is large, cumbersome and can be aesthetically unattractive, it appears to be a necessary and desirable accessory use of property within the city; that at the present time the size, location and appearance of such equipment is not adequately addressed in the zoning regulations in effect in the city; that in the absence of regulation, the placement of unattractive equipment in residential and commercial locations would interfere with the use, possession and enjoyment of adjacent property; and that the public peace, health, safety and general welfare require enactment of this chapter to regulate the use of satellite dish antennas rather than prohibit them.

1. Definitions. “Satellite dish antennas” means any antenna or parabolic reflector established to receive transmissions directly from satellites, but does not include antennas established for the purpose of receiving transmissions from ground transmitters.

2. Satellite Antenna Requirements—Residential Districts. In residential districts:

a. The site and architectural design review board shall be the primary reviewing body of applications to install satellite dish antennas. It shall ensure that each application is consistent with the provisions and intent of this chapter prior to approval.

b. Prior to installation of a satellite dish antenna, all appropriate permits shall be obtained from the building division.

c. Satellite dish antennas shall be considered accessory structures, and unless otherwise stated, shall comply with the height, setback and lot coverage requirements for buildings in the zone in which they are to be located.

d. All satellite dish antennas shall be located on the back half of the lot as ground-mounted units only.

3. Satellite Antenna Requirements in All Other Districts.

a. A coastal development permit approved by the planning commission shall be required for all satellite dish antennas.

b. Prior to installation of satellite dish antennas, all appropriate permits must be obtained from the building division.

c. Antennas may be ground-mounted, roof-mounted or aboveground pole-mounted.

d. Roof-mounted and aboveground pole-mounted antennas shall not exceed the height of structures allowed in the district in which they are to be located.

e. Roof-mounted antennas shall be located on a flat portion of the roof with parapets and/or an architecturally matching screening plan.

f. No commercial advertising of any kind shall be allowed on large satellite dish antennas.

4. Development Standards.

a. The planning commission and/or site and architectural design review board may add any conditions to a permit necessary to achieve the compatibility of satellite dish antennas with its neighborhood.

b. All satellite dish antennas located in residential districts shall be located to minimize the visual impact on surrounding properties and from public rights-of-way and adjacent properties by use of screens, fences and/or landscaping without impeding the efficiency of the dish, to the satisfaction of the city council on appeal, the planning commission or site and architectural design review board.

c. Any readily visible satellite dish antennas shall be painted to blend with its surroundings and shall not be unnecessarily bright, shiny, garish or reflective.

d. Prior to installation of satellite dish antennas, all appropriate permits must be obtained from the building division.

e. All proposals for roof-mounted antennas shall be designed by a registered architect, or civil or structural engineer.

f. The installation of all satellite dish antennas shall be subject to the design of footings, anchorage and fasteners by a California registered architect, civil or structural engineer, to meet the current Uniform Building Code as adopted by the city.

g. The electrical system shall be designed and installed in accordance with the National Electrical Code as adopted by the city.

h. All electrical wiring associated with antennas shall be installed underground.

i. Satellite dish antennas shall be maintained in a safe and aesthetically acceptable condition for the duration of the time it exists on the property.

5. Limitation. Certain parcels of land in the city may not be able to accommodate satellite dish antennas because of unique terrain problems and/or adverse effects on the surrounding neighborhood. In such instances, the site and architectural design review board or the planning commission may withhold approval to construct, install and/or maintain a satellite dish antenna.

6. Existing Antennas.

a. All owners of antennas installed or constructed prior to the effective date of the ordinance codified in this chapter shall apply to the planning commission for a use permit no later than July 1, 1987.

b. Within sixty days after such application, the planning commission shall:

i. Issue a use permit if the antenna conforms to the provisions of this chapter; or

ii. Prior to the issuance of a use permit, require the owner to move the antenna, or to make structural and/or design changes to the antenna so that it conforms to the provisions of this chapter; or

iii. Issue an exemption, if it determines that the antenna is installed or constructed in a safe manner and is in substantial compliance with the provisions and/or intent of this chapter.

c. In granting an exemption, the planning commission may add any conditions necessary to effectuate the purpose and intent of this chapter.

7. Appeals. Any action taken by the site and architectural design review board may be appealed, in writing, to the planning commission within ten days of said action. Any action taken by the planning commission may be appealed, in writing, to the city council within ten days of said action.

J. Vacation Clubs as a Visitor-Serving Use in the Coastal Zone.

1. Any proposal for a vacation club, as defined in Section 17.40.110, shall be considered a visitor-serving use in the Coastal Zone subject to the following findings made by the planning commission at a duly noticed public hearing as part of the development review process and shall not be considered a visitor-serving use in the Coastal Zone without such findings:

a. Membership of the proposed vacation club is sufficiently large to insure a broad opportunity for visitor use;

b. The purchase price and ongoing maintenance fees for membership are reasonably affordable;

c. Membership in the club is easy to achieve and is documented in a membership program;

d. The membership is available to the general public; and

e. Permit requirements are established that will insure availability of transient accommodations to the general public who are not members of the club.

The record of proceedings on such a determination will require the applicant to provide sufficient information and program materials to demonstrate that the proposed vacation club use meets the findings noted above. The planning commission’s determination shall include a written summary and analysis of this information and written findings of their decision. The planning commission may impose conditions as necessary to effect the purpose and intent of this section. All determinations by the commission are appealable as provided for under this title. (Ord. 2020-07 § 2, 2020; Ord. 2007-11 § 3 (Exh. A), 2007)