article i zoning code establishment, administration, …

ADDENDUM TO MANTECA ZONING CODE PUBLIC DRAFT DATED 4-29-11

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Staff is recommending the following amendments to the Public Draft Zoning Code Dated April 29, 2011. These amendments are shown in track changes to excerpts from relevant sections of the Public Draft Zoning Code.

ARTICLE I ZONING CODE ESTABLISHMENT, ADMINISTRATION, AND ENTITLEMENTS

Chapter 17.10 Entitlements

Section 17.10.070 Minor Use Permit

B. Applicability. A Minor Use Permit is required for those land uses shown with a “MUP” in Table 17.220.0130-1 (Allowed Uses and Required Entitlements for Manteca’s Base Zoning Districts).

Chapter 17.14 Enforcement, Legal Procedure, and Penalties

Sections:

17.14.010 Enforcement Authority and Procedures.................................................................17.14-117.14.010 Purpose and Intent......................................................................................................17.14-117.14.020 Official Duty to Enforce..............................................................................................17.14-117.14.030 Authorization ................................................................................................................17.14-117.14.040 Violations, Abatement, Penalties, and Remedies ................................................17.14-217.14.050 Property Management and Maintenance............................................................17.14-717.14.060 Inspections....................................................................................................................17.14-817.14.070 Permit Revocation or Modification..........................................................................17.14-817.14.080 Enforcement Action....................................................................................................17.14-917.14.090 Recovery of Costs and Additional Fees................................................................17.14-10

Draft Zoning Code Changes:

Updated language throughout Chapter to facilitate enforcement procedures.This Chapter has been modified to reference recently adopted enforcement provisions in Municipal Code Chapter 1.10 (Administrative Enforcement Provisions).

17.14.010 Purpose and IntentEnforcement Authority and Procedures

Authority and procedures for enforcement of the Zoning Code shall be the same as the enforcement provisions for the entire Municipal Code as established in Municipal Code Chapter 1.10 (Administrative Enforcement Provisions). This Chapter identifies enforcement authority and establishes provisions which are intended to ensure compliance with the requirements of this Zoning Ordinance and any entitlements granted pursuant thereto, in order to promote the City’s planning efforts and for the protection of the public health, safety, and welfare of the city.Enforcement provisions therein include purpose, definitions, authority, fees, and procedures for violations, public nuisance, citations, abatement, penalties, and hearings.


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17.14.020 Official Duty to Enforce

A. Enforcement Authority. Officials of the City charged by the law with the general duty of enforcing City ordinances shall enforce the provisions of this Zoning Ordinance.

B. Duties. It shall be the duty of the Enforcement Authority to enforce this Title and all its provisions. The Enforcement Authority shall investigate all matters of Zoning Ordinance violations and, if a violation exists, the City shall take enforcement action, including the issuance of citations for any violations of the Zoning Ordinance pertaining to the use of any land, sign, or premise and the addition, alteration, moving, construction, conversion, erection, relocation, reconstruction, or use of any structure pursuant this Title.

17.14.030 Authorization

All departments, officials, and public employees of the City which are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this Title and shall issue no such permit or license for uses, buildings, or purposes where they would be in conflict with the provisions of this Title.

A. Permits for uses or structures, certificates, or licenses that would be in conflict with the provisions of this Zoning Ordinance shall not be issued.

B. Any permit issued in conflict with the provisions of this Zoning Ordinance, intentionally or otherwise, shall be deemed null and void.

C. Any action taken by an official or public employee of the City in conflict with the provisions of this Zoning Ordinance shall be deemed null and void.

17.14.040 Violations, Abatement, Penalties, and Remedies

A. Public Nuisance. Any structure or sign erected, moved, altered, enlarged, or maintained and any use of a site contrary to the provisions of this Title may be and is declared to be unlawful and a public nuisance, and the City Attorney may immediately institute necessary legal proceedings for the abatement, removal, and enjoinment thereof in the manner provided by law, may take such other steps as may be necessary to accomplish these ends, and may apply to a court of competent jurisdiction to grant such relief as will remove or abate the structure, sign, or use and restrain or enjoin the person, firm, corporation, or organization from erecting, moving, altering, or enlarging the structure or sign or using the site contrary to the provisions of this Title.

B. Unlawful Property Nuisance. It shall be unlawful for any person owning, leasing, renting, occupying, or having charge or possession of any residential or nonresidential property in the city to maintain or to allow to be maintained such property in such manner that any of the following conditions are found to exist thereon, except as may be allowed by any other provision of law, including provisions of City ordinances:

1. The accumulation of dirt, litter, or debris.


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2. Clotheslines or clothes hanging in front yards (applied to residential property only).

3. Boxes, bins, containers, lumber, junk, trash, salvage materials, or other similar materials.

4. Attractive nuisances dangerous to children, including, but not limited to, abandoned, broken, or neglected equipment, machinery, refrigerators and freezers, hazardous pools, ponds, and excavations.

5. Broken or discarded furniture, household equipment and furnishings, or shopping carts.

6. Overgrown vegetation likely to harbor rats, vermin, and other nuisances dangerous to public health, safety, and welfare or obstructing a necessary view of drivers on public streets or private driveways.

7. Weeds or dead, decayed, diseased, or hazardous trees and other vegetation constituting an unsightly appearance or dangerous to public health, safety, and welfare.

8. Graffiti on the exterior of any building, fence, or other structure.

9. Wrecked or inoperable vehicles, vehicle parts, or other articles or personal property that are abandoned or left in a state of partial construction or repair.

10. Mobile homes, recreational vehicles, utility trailers, unmounted camper shells, boats, cars, trucks, or other vehicles that are parked or stored in violation of Chapter 17.52 (Parking) of this Title.

11. Buildings that are abandoned, boarded up, partially destroyed, or left in a state of partial construction and such buildings that are unpainted or where the paint on the building exterior is mostly worn off.

B. Infractions. It is an infraction for any person to perform any act forbidden or to fail to perform any act required by the Zoning Ordinance. Penalties for infractions shall be in compliance with state law.

C. Stop Work Order. Any action in violation of this Zoning Ordinance or any conditions imposed on a permit shall be subject to the issuance of a Stop Work Order.

D. Notice of Abatement. Whenever the City Manager, Building Official, or Community Development Director determines that any property within the city is a nuisance, he or she shall give written notice (“notice to abate”) to the owner of such property stating the sections being violated. Such notice shall set forth a reasonable time limit, in no event less than seven calendar days, for correcting the violation(s) and may also set forth suggested methods of correcting the same. Such notice shall be served upon the owner in accordance with provisions of this Chapter.

E. Administrative Hearing for Abatement. In the event such owner fails, neglects, or refuses to comply with the notice to abate, the City Manager shall conduct an administrative hearing to ascertain whether such violation constitutes a public nuisance.


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F. Notice of Abatement Hearing. Notice of the abatement hearing shall be served upon the owner not less than seven calendar days before the time fixed for hearing. Notice of hearing shall be served in person, by first class mail, or by certified mail to the owner’s last known address. Service shall be deemed complete at the time notice is personally served or deposited in the mail. Failure of any person to receive notice shall not affect the validity of any proceedings hereunder. The abatementhearing notice shall be substantially in the format set forth as follows:

NOTICE OF ADMINISTRATIVE HEARING ON ABATEMENT OF NUISANCE

This is a notice of hearing before the City Manager (or his/her designees) to ascertain whether certain property situated in the City of Manteca, State of California, known and designated as (street address) _______________, in said city, and more particularly described as (assessor’s parcel number) __________ constitutes a public nuisance subject to abatement by the rehabilitation of such property or by the repair or demolition of buildings situated thereon. If said property, in whole or part, is found to constitute a public nuisance as defined in this Chapter and if the same is not promptly abated by the owner, such nuisance may be abated by City authorities, in which case the cost of such rehabilitation, repair, or demolition will be assessed upon such property and such costs, together with interest thereon, will constitute a lien upon such property until paid; in addition, you may be cited for violation of the provisions of City ordinances and subject to a fine.

Said alleged conditions consist of the following:

The method(s) of abatement are:

All persons having an interest in said matters may attend the hearing, and their testimony and evidence will be heard and given due consideration.

Dated this _____ day of __________, 20_____.

City Manager

Time and Date of Hearing:

Location of Hearing:

G. Administrative Abatement Hearing. At the time stated in the notice, the City Manager shall hear and consider all relevant evidence, objections, or protests and shall receive testimony under oath relative to such alleged public nuisance and to proposed rehabilitation, repair, removal, or demolition of such property. The hearing may be continued from time to time.

If the City Manager finds that such public nuisance does exist and that there is sufficient cause to rehabilitate, demolish, remove, or repair the same, the City Manager shall prepare findings and an order, which shall specify the nature of the nuisance, the method(s) of abatement, and the time within which the work shall be commenced and completed. The order shall include reference to the right to appeal set forth in Subsection 17.14.040(I) (Abatement Appeals). A copy of the findings and order shall be served on all owners of the subject property in accordance with the provisions of this Chapter. In addition, a copy of the findings and order shall be forthwith conspicuously posted on or near the property.

H. Abatement Appeals


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1. No appeal. In the absence of any appeal, the property shall be rehabilitated, repaired, removed, or demolished in the manner and means specifically set forth in said findings and order.

2. Appeal. The owner may appeal the City Manager’s findings and order to the City Council by filing an appeal with the City Clerk within ten calendar days of the date of service of the City Manager’s decision. The appeal shall contain:

i. A specific identification of the subject property.

ii. The names and addresses of all appellants.

iii. A statement of appellant’s legal interest in the subject property.

iv. A statement in ordinary and concise language of the specific order or action protested and the ground for appeal, together with all material facts in support thereof.

v. The date and signatures of all appellants.

vi. The verification of at least one appellant as to the truth of the matters stated in the appeal.

As soon as practicable after receiving the appeal, the City Clerk shall set a date for the City Council to hear the appeal which date shall not be less than 7 calendar days nor more than 30 calendar days from the date the appeal was filed. The City Clerk shall give each appellant written notice of the time and the place of the hearing at least five calendar days prior to the date of hearing, either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his address shown on the appeal. Continuances of the hearing may be granted by the City Council on the request of the owner for good cause shown, or on the City Council’s own motion.

I. Abatement Appeal Decisions. Upon the conclusion of the hearing, the City Council shall determine whether the property, or any part thereof, as maintained, constitutes a public nuisance. If the City Council so finds, the City Council shall adopt a resolution declaring such property to be a public nuisance, setting forth its findings, and ordering the abatement of the same by having such property rehabilitated, repaired, removed, or demolished in the manner and means specifically set forth in such resolution. The resolution shall set forth the time within which such work shall be completed by the owner, in no event less than 30 days. The decision and order of the City Council shall be final.

J. Service of Order to Abate. A copy of the resolution of the City Council ordering the abatement of the nuisance shall be served upon the owner(s) of the property in accordance with the provisions of this Chapter. Upon abatement in full by the owner, the proceedings under this Chapter shall terminate.

K. Abatement Hearing Procedures. All hearings shall be recorded. Hearings need not be conducted according to the technical rules of evidence. Hearsay evidence may be


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used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this state. Any relevant evidence shall be admitted if it is the type of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state. Oral evidence shall be taken only on oath or affirmation. Irrelevant and unduly repetitious evidence shall be excluded.

L. Abatement by the City. If such nuisance is not abated as ordered within the abatement period, the City Manager shall cause the same to be abated by City employees or private contract. The cost, including incidental expenses, of abating the nuisance shall be billed to the owner and shall become due and payable 30 days thereafter. The term “incidental expenses” shall include, but not be limited to, personnel costs, both direct and indirect, including attorney’s fees; costs incurred in documenting the nuisance; the actual expenses and costs of the City in the preparation of notices, specifications and contracts, and in inspecting the work; and the costs of printing and mailing required under this Section.

A person shall not obstruct, impede, or interfere with the City Manager, or with any person who owns or holds any interest or estate in any property in the performance of any necessary act, preliminary to or incidental to, carrying out an abatement order issued pursuant to this Section.

M. Abatement Limitations. Any action appealing the City Council’s decision and order shall be commenced within 30 calendar days of the date of service of the decision.

N. Demolition. No property shall be found to be a public nuisance under this Chapter and ordered demolished unless the order is based on competent sworn testimony and it is found that in fairness and in justice there is no way other than demolition reasonably to correct such nuisance. A copy of any order or resolution requiring abatement by demolition shall be recorded with the County Recorder.

O. Cost of Abatement. The City Manager shall keep an account of the cost, including incidental expenses, of abating such nuisance on each separate lot or parcel of land where the work is done by the City and shall render an itemized report in writing to the City Council showing the cost of abatement, including the rehabilitation, demolition, or repair of said property, including any salvage value relating thereto, provided that before such report is submitted to the City Council, a copy of the same shall be posted for at least five days upon or in front of such property, together with a notice of the time when such report shall be heard by the City Council for confirmation. A copy of such report and notice shall be served upon the owners of such property in accordance with the provisions of this Section at least five calendar days prior to submitting the same to the City Council. Proof of such posting and service shall be made by affidavit filed with the City Clerk.

P. Assessment Lien. The total cost for abating such nuisance, as so confirmed by the City Council, shall constitute a special assessment against the respective lot or parcel of land to which is relates, and upon recordation in the office of the County Recorder of a notice of lien, as so made and confirmed, shall constitute a lien on the property for the amount of such assessment.


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After such confirmation and recordation, a certified copy of the City Council’s decision shall be filed with the County Auditor-Controller on or before August 1 of each year, whereupon it shall be the duty of the Auditor-Controller to add the amounts of the respective assessments to the next regular tax bills levied against the respective lots and parcels of land for municipal purposes, and thereafter the amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection, and enforcement of municipal taxes shall be applicable to such special assessment.

In the alternative, after such recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law.

Such notice of lien for recordation shall be in form substantially as follows:

NOTICE OF LIEN(Claim of the City of Manteca)

Pursuant to the authority vested by the provisions of Section _____ of Manteca Ordinance No. __________, the City Manager of the City of Manteca did on or about the _____ day of __________, 20_____, cause the property hereinafter described to be rehabilitated or the building or structure on the property hereinafter described, to be repaired or demolished in order to abate a public nuisance on said real property; and the City Council of the City of Manteca did on the _____ day of __________, 20_____, assess the cost of such hereinafter described; and the same has not been paid nor any part thereof; and the City of Manteca does hereby claim a lien on such rehabilitation, repair, or demolition in the amount of said assessment, to wit, the sum of $__________, and the same, shall be a lien upon said real property until the same has been paid in full and discharged of record.

The real property hereinabove mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the city of Manteca, county of San Joaquin, state of California, and particularly described as follows:

(description)

Dated this _____ day of __________, 20_____.

City Manager

Q. Remedies. All remedies provided for in this Chapter shall be cumulative and not exclusive. Any person, firm, corporation, or organization, whether acting as principal agent, employee, or otherwise, violating or causing the violation of any provision of this Title shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than $1,000 and by imprisonment for a term not exceeding six months, or by both a fine and imprisonment. A person, firm, corporation, or organization shall be deemed guilty of a separate offense for each day during the portion of which a violation of this Title is committed, continued, or permitted by the person, firm, corporation, or organization and shall be punishable as provided in this Chapter.


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17.14.050 Property Management and Maintenance

All development standards shall be continuously met for every project. If complaints are received regarding lack of maintenance as it relates to the provisions of this Chapter, the following process shall be followed:

A. Buildings and Structures. Each exterior of a building or other structure must be kept in a good state of repair, and the exterior finish must be clean and well maintained.

B. Site. The entire site, including paved, unpaved, and landscaped areas, must be kept in a neat and orderly manner, free of junk, debris, abandoned vehicles, weeds, loose trash, and other litter.

17.14.060 Inspections

A. Pre-approval Inspections. Every applicant seeking a permit or any other action in compliance with the Zoning Ordinance shall allow the City officials handling the application access to any premises or property which is the subject of the application, provided that the right of entry shall be exercised only at reasonable hours and that in no case shall any structure be entered in the absence of the owner or tenant without the written order of a court of competent jurisdiction.

B. Post-approval Inspections. If the permit or other action in compliance with this Zoning Ordinance is approved, the owner or applicant shall allow appropriate City officials access to the premises in order to determine continued compliance with the approved permit and/or any conditions of approval imposed on the permit, provided that the right of entry shall be exercised only at reasonable hours and that in no case shall any structure be entered in the absence of the owner or tenant without the written order of a court of competent jurisdiction.

17.14.070 Permit Revocation or Modification

This Section provides procedures for securing punitive revocation or modification of previously approved land use permits or entitlements.

A. Revocations. The City’s action to revoke an entitlement shall have the effect of terminating the entitlement and denying the privileges granted by the original approval.

B. Modifications. The City may choose to allow the modification of the operational characteristics instead of revoking an entitlement. These modifications may include, but are not limited to, operation aspects related to buffers, duration of the entitlement, hours of operation, landscaping, lighting, parking, performance guarantees, property maintenance, signs, surfacing, and traffic circulation.

C. Hearings and Notice. The appropriate Approving Authority shall hold a public hearing to revoke or modify an application, entitlement, or permit granted in compliance with the provisions of this Zoning Ordinance. A public hearing shall be held in compliance with Section 17.08.050 (Public Hearing and Public Notice). A special notice shall be delivered in writing to the applicant and/or owner of the property for which the permit was granted.


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D. Review Authority Action and Findings. A use permit or entitlement may be revoked or modified by the Approving Authority which originally approved the entitlement, or by the Community Development Director in the case of a Conditional Use Permit, if any of the following findings can be made:

1. Circumstances under which the entitlement or permit was granted have been changed by the applicant to a degree that one or more of the findings contained in the original permit can no longer be met.

2. The entitlement or permit was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application, or in the applicant’s testimony presented during the public hearing, for the entitlement or permit.

3. One or more of the conditions of the permit have not been substantially fulfilled or have been violated.

4. The use or structure for which the permit was granted has ceased to exist or has lost its legal nonconforming use status.

5. The improvement authorized in compliance with the permit is in violation of any code, law, ordinance, regulation, or statute.

6. The improvement/use allowed by the permit has become detrimental to the public health, safety, or welfare or the manner of operation constitutes or is creating a public nuisance.

17.14.080 Enforcement Action

This Section describes the procedures for initiating enforcement action in cases where the Community Development Director has determined that real property within the city is being used in violation of Zoning Ordinance provisions.

A. Notice to Responsible Parties. The officials of the City charged by the law with the general duty of enforcing City ordinances shall provide the record owner of the subject site and any person in possession or control of the site with a written notice of violation, which shall include the following information:

7. A description of the violation and citations of applicable Zoning Ordinance provisions being violated.

8. A time limit for correcting the violation.

9. A statement that the City intends to charge the property owner for all administrative costs associated with the abatement of the violation.

10. A statement that the property owner may request and be provided a meeting with the Community Development Director to discuss possible methods and time limits for the correction of the violations.

R. Time Limit for Correction.


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1. The notice of violation shall state that the violations shall be corrected within 30 days from the date of the notice to avoid further enforcement action by the City.

2. The 30-day time limit may be extended by the Community Development Director upon determining that the responsible party will likely correct the violations within a reasonable time period.

3. The Community Development Director may also require through the notice of violation that the correction occur within less than 30 days if the violation constitutes a hazard to public health or safety.

S. Removal of Structure. The Building Official or the Community Development Director may serve notice requiring the removal of any structure or use in violation of this Title on the owner or their authorized agent, on a tenant, or on an architect, builder, contractor, or other person who commits or participates in any violation. The Building Official or the Community Development Director of the City may call upon the City Attorney to institute necessary legal proceedings to enforce the provisions of this Title, and the City Attorney is authorized to institute appropriate actions to that end. The Community Development Director may call upon the Chief of Police and his or her authorized agents to assist in the enforcement of this Title.

T. Use of Other Enforcement Procedures. Additional enforcement remedies available to the City may be employed by the Community Development Director after or instead of the provisions of this Section where the Community Development Director determines that this Section would be ineffective in securing the correction of the violation within a reasonable time.

17.14.090 Recovery of Costs and Additional Fees

A. Cost Recovery Where No Permit Is Required. The City shall be reimbursed for administrative costs, including, but not limited to, staff and City Attorney time expended on the enforcement of the provisions of this Zoning Ordinance in cases where no permit is required in order to correct a violation.

1. Record of cost. The officials of the City charged by the law with the general duty of enforcing City ordinances shall maintain records of all administrative costs incurred by responsible City departments and associated with the processing of violations and enforcement of this Zoning Ordinance and shall recover costs from the property owner.

2. Notice. Upon investigation and a determination that a violation of any of the provisions of the Zoning Ordinance is found to exist, the officials of the City charged by the law with the general duty of enforcing City ordinances shall notify the record owner or any person having possession or control of the property by mail of the existence of the violation and the PlanningDepartment’s intent to charge the property owner for all administrative costs associated with enforcement.

3. Summary of costs. At the conclusion on the case, the officials of the City charged by the law with the general duty of enforcing City ordinances shall send a summary of costs associated with enforcement to the owner and/or


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persons having possession or control of the property by certified and first class mail.

U. Actions that Require a Permit. Any person who alters or establishes any land use or structure without first obtaining any permit required by this Zoning Ordinance shall pay for the additional permit processing fees as established by the City that result from the action.

V.A. Inspection Fee. An inspection fee as established by the City shall be imposed on each person who receives a notice of violation, notice and order, or letter of correction of any provision of this Zoning Ordinance, adopted Building Code, or state law. The fee may be assessed for each inspection or reinspection conducted when the particular violation is not fully abated or corrected as directed.

ARTICLE II ZONING DISTRICTS, ALLOWED USES, AND DEVELOPMENT STANDARDS

Chapter 17.22 Allowed Land Uses and Requirements

17.22.020 Allowed Uses and Required Entitlements

TABLE 17.22.010-1ALLOWED USES AND REQUIRED ENTITLEMENTS FOR MANTECA’S BASE ZONING DISTRICTS

Land Use/Zoning District A R-

E

R-1

R-2

R-3

CM

U

BIP

NC

GC

M1

M2

OS P PQP

Agricultural and Animal-Related UsesVeterinary Facility7 N N N N N A N C A C N N N N

Residential Care Facility N NC NC C C C N N N N N N N N

Residential Care Home AP AP AP AP AP AP N N N N N N N N

Auto and VehicleSales N N N N N C N NC M M N N N N

Business Support Services 11 N N N N N A A M A M N N N N

Medical Services, Extended Care

N N N CN CN C N N C N N N N N

Printing and Publishing N N N N N N A N C M A N N N

Notes:.7. Where veterinary facilities include any outdoor uses, such facilities shall maintain a minimum 150-foot minimum setback from

any residential district, restaurant, or hotel or motel. However, tThis minimum separation standard may be reduced where an applicant produces a noise analysis by a qualified acoustical professional to demonstrate that the proposed noise source willmeet all of the City’s adopted noise standards for nearby residences.

11. Businesses occupying more than 25,000 square feet shall require approval of a Minor Use Permit to ensure that potential impacts associated with he larger scale business (e.g., noise, odor) are mitigated to a less than significant level.


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Chapter 17.24 Allowed Use Definitions

17.24.020 Allowed Use Definitions

E. Retail, Service, and Office Uses

7. Business Support Services. Establishments, primarily within buildings, providing other businesses with services such as maintenance, repair and service, testing, rental, etc. Support services include, but are not limited to:

a. Equipment repair services (except vehicle repair, see Vehicle Services);

b. Commercial art and design (production);

c. Computer-related services (rental, repair);

d. Copying, quick printing, publishing and blueprinting services (other than those defined as Printing and Publishing);

e. Equipment rental businesses within buildings (rental yards are Storage,Yards);

f. Film processing laboratories;

g. Heavy equipment repair services where repair occurs on the client site;

h. Janitorial services;

i. Mail advertising services (reproduction and shipping);

j. Mailbox services and other “heavy service” business services;

k. Outdoor advertising services; and

l. Photocopying and photofinishing.

20. Offices, Business and Professional. This use listing includes offices of administrative businesses providing direct services to consumers (e.g., insurance companies, utility companies, management consulting), banks and financial institutions, government agency and service facilities (e.g., post office, civic center), professional offices (e.g., accounting, attorneys, employment, public relations), and offices engaged in the production of intellectual property (e.g., advertising, architectural, computer programming, photography studios). This use does not include medical offices (see Medical Services, General), temporary offices, or offices that are incidental and accessory to another business or sales activity that is the primary use. Outdoor storage of materials is prohibited.

G. Industrial, Manufacturing, and Processing Uses

6. Printing and Publishing. Establishments engaged in printing by letterpress, lithography, gravure, screen, offset, or electrostatic (xerographic) copying, and other establishments serving the printing trade including bookbinding,


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typesetting, engraving, photoengraving, and electrotyping. This use also includes establishments that publish newspapers, books, and periodicals, and establishments manufacturing business forms and binding devices. Does not include “quick printing” services or desktop publishing which are included in “Business Support Services.”

17.26.020 Development Standards

Table 17.26.020-1 (Development Standards for City of Manteca Base Zoning Districts) includes lot area, allowed density, building setbacks, height, and lot coverage requirements for each of the City’s Base Zoning Districts. Section 17.26.030 (Additional Standards for Multi-Family Zoning Districts) establishes additional development standards for multi-family zoning districts, and Section 17.26.040 (Standards for Small-Lot Single-Family Development) establishes additional standards for small-lot single-family residential development. Additional site planning requirements (e.g., landscaping, lighting) are listed in Article III (Site Planning Standards). Development within the City of Manteca is also subject to compliance with all adopted Uniform Building and Fire codes. Zoning District names for the Zoning District symbols used in the table are as follows:

A = Agricultural Zoning DistrictR-E = Residential Estate Zoning DistrictR-1 = One-Family Dwelling Zoning DistrictR-2 = Limited Multiple-Family Dwelling Zoning DistrictR-3 = Multiple-Family Dwelling Zoning DistrictCMU = Mixed Use Commercial Zoning DistrictBIP = Business Industrial Park Zoning District

NC = Neighborhood Commercial Zoning DistrictGC = General Commercial Zoning DistrictM1 = Light Industrial Zoning District M2 = Heavy Industrial Zoning DistrictOS = Open Space Zoning DistrictA = Park Zoning DistrictPQP = Public/Quasi-Public Zoning District

TABLE 17.26.020-1DEVELOPMENT STANDARDS FOR MANTECA’S BASE ZONING DISTRICTS

Development Standard/

Zoning District

AG RE R-11

R-2

R-3

CM

U

BIP

NC

GC

M-1

M-2 OS A PQP

Allowed Density

• Minimum Density (du/ac)

0 0.5 2.1 8.1 15.1 15.1 n/a n/a n/a n/a n/a n/a n/a n/a

• Maximum Density (du/ac)

2.0 2.0 8.0 15.0 25.0 25.0 n/a n/a n/a n/a n/a n/a n/a n/a

Setback (minimum distance between structure and property line in feet) 2

• Front Yard 50 ft 20 ft 15 ft 0 ft3 25 ft3 0 ft3 25 ft3 0 sf

• Front Yard to Porch n/a 10 ft 10 ft n/a3 n/a3 n/a3 n/a3 n/a

• Side Yard 15 ft 5 ft 5 ft 0 ft3No

min.3

0 ft3 10 ft3 0 sf


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Development Standard/

Zoning District

AG RE R-11

R-2

R-3

CM

U

BIP

NC

GC

M-1

M-2 OS A PQP

• Street Side Yard 15 ft 10 ft 10 ft 0 ft3 25

ft3 0 ft3 10 ft3 0 sf

• Rear Yard 20 ft4 15 ft4 10 ft5 0 ft3

No min.

30 ft3 25 ft3 0 sf

Building Height (maximum)

• Building Height 30 ft 35 ft 45 ft 35 ft 30 ft 35 ft No max. No max.

Floor Area Ratio and Open Space (minimum per dwelling unit)

• Floor Area Ratio No max 1.0 0.6 0.5 No max.

• Open Space 35% of lot

40% of lot

30% of lot

400 sf30%5

No min.

35% oflot

No min.

Notes:(1) See additional standards for small-lot single-family development in Section 17.26.040.(2) Setbacks shall be the minimum required under the City’s adopted Building Code.(3) When adjacent to a residential district, all structures shall match the setbacks of the adjacent residential district.(4) Garages attached to a main building may encroach into the required rear yard by not more than 15 feet if (a) it is less than 600 square feet in area; and (2) it shares a common wall of 5 feet or more in length, or is located less than 6 feet from the main building and is connected to the main building by a roofed area (e.g., breezeway) a minimum of 5 feet in width.(5) Minimum 30% of multi-family projects shall be designated for community open space and each unit shall include 400 sf of private open space as described in Section 17.26.030.


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17.26.030 Additional Standards for Multi-Family Zoning Districts

In addition to the development standards listed in Table 17.26.020-1 (Development Standards for Manteca’s Base Zoning Districts), the following development standards apply to multi-family residential development.

A. Minimum Project Open Space. A minimum of 30 percent of the total project lot area shall be provided as improved and/or landscaped open space for general use.

B. Private Open Space. A minimum of 20 percent of the total project lot area shall be provided as private or semi-private usable open space. Additionally, tThere shall be a minimum of 4600 square feet of such private open space per dwelling unit (e.g., porch, balcony, courtyard).

C. Open Space for Ground-Floor Dwellings. Each dwelling unit located fully or partially on the ground floor shall be provided with a minimum of 80 square feet of private open space.

17.30.020 Central Business District (CBD) Overlay Zone

D. Development Standards. The standards listed in Table 17.30.020-2 (Development Standards in the Central Business District Overlay Zone) are the development standards applicable to the Central Business District Overlay Zone. These standards are in addition to other standards and requirements found in this Title (e.g., signs). Where site development standards listed herein are in conflict with the site development standards in other parts of this Title or the underlying Base Zoning District, these standards shall apply.

TABLE 17.30.020-2DEVELOPMENT STANDARDS IN THE CENTRAL BUSINESS DISTRICT OVERLAY ZONE

Development Standard Measurement

Setback (minimum distance between structure and property line in feet)1

• Front Yard 0 ft

• Side Yards 0 ft

• Street Side Yard 0 ft

• Rear Yard 0 ft

Building Height (maximum)

• Building Height 3 stories and 45 feetFloor Area Ratio (maximum ratio of building to lot square footage)

• Floor Area Ratio 12.0Notes:1. Setbacks shall be the minimum required under the City’s adopted Building Code.


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E. Parking Standards. Parking requirements for uses in the Central Business District Overlay Zone shall be as provided in Chapter 17.52 (Parking), except that existing and new uses occupying existing buildings within the Central Business District are exempt from parking requirements. New construction within the Central Business District shall not provide locate requiredany parking between the new structure and the street.

ARTICLE III SITE PLANNING STANDARDS

Chapter 17.40 Accessory Structures

17.40.40 Development Standards

B. Development Standards by Type of Accessory Structure. Table 17.40.040 1 (Development Standards for Accessory Structures) establishes development standards based on the type of accessory structure as defined in Section 17.100.060 (Universal Definitions).

TABLE 17.40.040-1DEVELOPMENT STANDARDS FOR ACCESSORY STRUCTURES

Accessory Structure

Minimum Setback Distancefrom Property Line

Maximum Height

Front Street SideInterior

(includingrear)

Building, •120 sfNot allowed in required front or street

side yard setback10 ft

03 ft 8 ft

Building, >120 sf

Not allowed in required front yard setback

• Fully Enclosed 10 ft 5 ft 15 ft/ 1 story

• Solid Roof Limited/No Enclosure

10 ft 3 ft 15 ft/ 1 story

Landscape Features No minimum 10 ft 3 ft 16 ft

Pools/Spas Not allowed in required front yard setback 5 ft1 5 ft 1 15 ft/

1 story

Deck/Patio No minimum No minimum No minimum No minimum

Play Equipment Not allowed in required front yard setback 10 ft 3 ft 16 ft


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Chapter 17.48 Landscaping

17.48.020 Applicability to Standards

A. This Chapter shall apply to the following types of projects:

1. All projects where the entire property is being developed or redeveloped with one or more new structures, other than accessory structures. For purposes of this chapter, new structures are defined as those which have completely new foundation, walls, and roof.

2. All projects resulting in the increase of building square footage by 25 percent or more.

3. All projects that include remodeling or renovation of at least 25 percent of the existing landscape area, or where more than 25 percent of the existing landscaping area is being added to.

4. All landscaping projects, other than the construction of decks, patios, barbecues, play equipment, and swimming pools, which require a planning approval or building permit.

B. The following projects and activities are exempt from the requirements of this Chapter:

1. Properties with a historical site designation;

2. Ecological restoration, mined lands, and reclamation projects that do not require a permanent irrigation system;

3. Agricultural and farming operations;

4. Retention and/or detention basins not used as parks and where required for storm drainage; and/or

5. Any project with a total landscaped area and/or existing landscaped area loss due to damage or neglect less than 250 square feet in area.; and/or

6. Any project with two or fewer detached single-family residential units.

17.48.040 Landscape Improvement Requirements

Landscaping, grading, and irrigation plans shall comply with the following requirements and standards:

E. Planting Size, Spacing, and Planter Widths. In order to achieve an immediate effect of a landscape installation and to allow sustained growth of planting materials, minimum plant material sizes, plant spacing, and minimum planter widths (inside measurements) are as follows:

3. Shrubs. Shrub planting shall be a minimum 5-gallon size, with a 15-gallon minimum size required where an immediate landscape screen is required


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(e.g., screening of headlights from drive-through aisles). Vegetative shrubs and perennials shall be a minimum 1-gallon size. The minimum planter width for shrubs is 5 feet.

J. Safety Considerations. Plantings shall be designed to discourage potential safety issues (e.g., persons lying in wait). The design of the landscaping shall comply with Crime Prevention Through Environmental Design (CPTED) guidelines.

17.48.050 Design Requirements for Specific Types of Landscaping

In addition to the general requirements of Section 17.48.040 (Landscape Improvement Requirements), the following provisions apply to the special types of landscaping as established below.

A. Residential Landscape. For single-family and two-family residential Zoning Districts, at least 35 percent of the front yard area shall be landscaped. Not more than 30 percen tof the landscape area shall be covered with hard surfaces such as landscape rock, concrete, rock, artificial materials or other impervious surfaces.

C. Screening of Drive-Through Aisles. To screen vehicles and associated headlights in a drive-through lane from view of abutting street rights-of-way, a 5-foot-wide planter shall include a minimum 3-foot-tall (maximum 4-foot-tall) landscape barrier planted with trees and other landscaping consistent with those in the parking area. At no time shall this landscape barrier be pruned in a manner that allows the vehicle headlights from the drive-through lane to be visible from abutting street rights-of-way. Plantings shall also be designed to discourage potential safety issues (e.g., persons lying in wait). The design of the landscaping shall comply with Crime Prevention Through Environmental Design (CPTED) guidelines.

I. Buffering Between Uses. A landscape buffer shall be provided by nonresidential and multi-family uses adjacent to single-family uses. Buffer areas shall include a minimum 10-foot-wide planter strip with shrubs and both deciduous and evergreen trees.Landscaping shall be used to separate buildings from parking and vehicle circulation areas where practical.

K. Parking Lot Landscape. Parking lot landscape includes perimeter planters, abutting parking lots and drive aisles, tree planting for parking lot shade, and a combination of continuous planting strips, planting fingers, and parking islands throughout the parking lot.

1. Parking areas. All surface parking areas shall be screened from streets and adjoining properties, and the open space areas between the property line and public street right-of-way shall be landscaped. Parking areas shall be landscaped as follows:

d. Perimeter landscaping. The perimeter of each parking lot shall provide landscape at least 10 feet wide or landscaping where the lot adjoins a property line. The perimeter landscape area may include any landscaped yard or landscaped area otherwise required, and shall be continuous except for the required access to the parking lot or site. All other perimeter landscape planters shall be a minimum of five feet wide.


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17.48.060 Landscape Care, Maintenance, and Replacement

D. Tree Removal and Replacement. For landscaping for multi-family and nonresidential development, removal of trees planted as part of an approved landscape plan shall be limited to trees that are in poor health, structurally distressed, or unsafe. The removal of a tree shall be the final recourse upon determining that it is infeasible to save the tree by any other method (e.g., pruning, treatment of diseases, fertilizing).

1. Removal process

a. Prior to the removal of any tree, Community Development Director approval is required. Failure to obtain Community Development Director approval prior to removing a tree shall require the owner of the project to replace the removed tree as stated in this Section.

b. The application for request for removal shall include a statement of the health and condition of the trees to be removed by a certified arborist; an explanation of the reason(s) for removal; and a site plan indicating size, quantity, species, and location of the trees to be removed and replaced.

2. Replacement. Replacement of trees shall be required for trees removed and for trees severely and improperly trimmed and shall be as specified below in Table 17.46.060-1 (Tree Replacement Schedule). Replacement may be satisfied by relocation.

TABLE 17.48.060-1TREE REPLACEMENT SCHEDULE

Size of Damaged/Removed Tree Replacement Tree Required

2 inches 15-inch box

2 - 64 inches 24-inch box

6 inches or greater 36-inch box

F. Irrigation Schedule. For the efficient use of water, all irrigation schedules shall be developed, managed, and evaluated to utilize the minimum amount of water required to maintain plant health. Irrigation schedules shall meet the following criteria.

2. Overhead iIrrigation shall be scheduled as outlined below. between 8:00 p.m. and 10:00 a.m. unless weather conditions prevent it. If allowable hours of irrigation differ from the local water purveyor, the stricter of the two shall apply. Operation of the irrigation system outside the normal watering window is allowed for auditing, and system maintenance, and a period of 21 days after installation of a new landscape..

a. Residences and businesses with odd-numbered addresses may water on Monday, Wednesday, and Friday but not between noon and 6:00 pm.


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b. Residences and businesses with even-numbered addresses may water on Tuesday, Thursday and Saturday but not between noon and 6:00 pm.

a.c. Every address may water on Sunday, but not between noon and 6:00 pm.

3. For implementation of the irrigation schedule, particular attention must be paid to irrigation run times, emission device, flow rate, and current reference evapotranspiration, so that applied water meets the Estimated Total Water Use. Total annual applied water shall be less than or equal to Maximum Applied Water Allowance (MAWA). Actual irrigation schedules shall be regulated by automatic irrigation controllers using current reference evapotranspiration data (e.g., CIMIS) or soil moisture sensor data. See Section 17.48.070 (Special Report and Design Plan Requirements).

17.48.070 Special Report and Design Plan Requirements

A. Irrigation Design Plan. The irrigation design plan shall comply with the following:

1. Requirements. For the efficient use of water, an irrigation system shall meet all the requirements listed in this section and the manufacturers’ recommendations. The irrigation system and its related components shall be planned and designed to allow for proper installation, management, and maintenance. An irrigation design plan meeting the following design criteria shall be submitted as part of the Landscape Documentation Package.

a. System requirements

i. Dedicated landscape water meters are highly recommendedrequired on landscape areas smaller larger than 5,000 square feet and encouraged for landscape areas smaller than 5,000 square feetto facilitate water management.

xii. It is highly recommended that the project applicant or local agency inquire with the local water purveyor about peak water operating demands (on the water supply system) or water restrictions that may impact the effectiveness of the irrigation system.Irrigation systems shall be designed based on 35 psi static pressure. Additional loss is dependent on flow and performancecurve for meter, backflow size, and length of piping.

Chapter 17.44 Yard Measurements and Projections

17.44.050 Setback Measurements

B. Setback distances shall be measured at right angles from the designated property line (e.g., front, interior side, street-side, rear) and the setback line shall be drawn parallel to the designated property line at the required setback distance. Designated property lines are determined as follows:


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1. Front property line. The front property line shall be the narrowest property line which abuts a public street (see Figure 17.44.050-1). For corner lots, the front property line shall be the shortest street frontage, regardless of where the front door is located. In the case of a flag lot, it shall be the property line that abuts the access corridor (see Figure 17.44.050-2).

17.44.060 Allowed Encroachments

The following encroachments shall be permitted in required yard areas, provided that all such features and structures do not extend into any public utility easement.

W.B. Attached Structures. Accessory structures and architectural features attached to the main building(s) may project into the required yards as listed in Table 17.44.060-1 (Allowed Encroachment for Attached Structures Into Required Yard Areas).

Chapter 17.46 Fences and Walls

17.46.060 Special Fence and Wall Requirements

B. Screening of Outdoor Storage. Outdoor storage shall be fenced or screened from view. Such screening shall utilize enclosures including, but not limited to, fences, walls, landscaping, or earthen berms. Such screening shall utilize enclosures including, but not limited to, fences, walls, landscaping, or earthen berms. Screening shall be visually compatible with the primary buildings and landscape on the property. See Section 17.80.040(C) Outdoor Storage Requirements.

Chapter 17.48 Landscaping

17.48.050 Design Requirements for Specific Types of Landscaping

In addition to the general requirements of Section 17.48.040 (Landscape Improvement Requirements), the following provisions apply to the special types of landscaping as established below.

A. Residential Landscape. For single-family and two-family residential Zoning Districts, at least 35 percent of the front yard area shall be landscaped. Additionally, maximum paved area for vehicle parking is 25% of the required front yard area.


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Chapter 17.52 Parking

17.52.090 Parking and Driveway Design and Development Standards

B. Single-Family Residential Parking

1. Driveways on residential corner lots shall not be located closer than 20 feet to the radius return.

2. Driveways providing direct access from a public street to a garage or carport shall be not less than 20 feet in depth.

2.3. Vehicles shall only be parked on designated driveways and shall not be parked on landscape areas within required or actual front or street side yard areas.

3.4. Curb cuts must comply with City street improvement standards.

X.C. Space and Aisle Standards for Surface Parking Lots

TABLE 17.52.090-1PARKING SPACE AND DRIVE AISLE DIMENSIONS

Notes:1. As part of Design Review, the Fire Department will review drive aisle widths. In some instances, a wider drive aisle may be required for fire accessThe main drive aisle to the building shall be 26 feet.2. Can be reduced up to 2 feet if a sidewalk or planter with a minimum width of 6 feet is adjacent to the stall.

17.52.120 Parking and Storage of Mobile Vehicles and Accessories on Post-July 19, 1978, Parcels

Y.D. Prohibition in Required or Actual Front Yard. No recreational home, mobile transport vehicle, personal recreational vehicle, oversized vehicle, or oversized boat shall be parked or stored in the required or actual front yard of any residence or on any public roadway, except as follows:

1. A recreational home, mobile transport vehicle, personal recreational vehicle, oversized boat, or oversized vehicle may be placed in the required or actual front yard of the owner’s residence or on the public roadway directly in front of the owner’s residence for the sole purposes of loading or unloading the vehicle or washing the vehicle. In no case shall the vehicle be in the required or actual front yard or public roadway in front of the owner’s residence for more than 24 hours


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within any consecutive 72-hour period unless the owner has obtained a permit from the Police Department.

2. No vehicle permitted in the required or actual front yard pursuant to Subsection 17.52.120(D)(1) shall be permitted to block a sidewalk or obstruct the view of street traffic from any adjoining property.

Z.E. Parking and Storage in Side Yard. No recreational home, mobile transport vehicle, personal recreational vehicle, oversized vehicle, or oversized boat shall be parked or stored in a side yard (required or actual) unless:

1. Said recreational home, mobile transport vehicle, personal recreational vehicle, oversized vehicle, or oversized boat maintains not less than 3 feet from all buildings or side yard appurtenances on the property. Said clearances shall be kept clear of all obstacles at all times for the protection of public health, safety, and welfare.

2. Said recreational home, mobile transport vehicle, personal recreational vehicle, oversized vehicle, or oversized boat is behind a permitted screening along all adjoining property lines.

AA.F. Parking and Storage in Rear Yard. No recreational home, mobile transport vehicle, personal recreational vehicle, oversized vehicle, or oversized boat shall be parked or stored in a rear yard (required or actual) except as provided for herein.

1. Such recreational home, mobile transport vehicle, personal recreational vehicle, oversized vehicle, or oversized boat may be kept wholly enclosed within a structure lawfully existing on the premises; or

2. Such recreational home, mobile transport vehicle, personal recreational vehicle, oversized vehicle, or oversized boat is parked or stored on an approved impervious surface. The impervious surface shall not exceed 25 percent of the net rear yard area, and shall be located at least 3 feet from any property line.

3. Prior to any parking or storage pursuant to this Subsection 17.52.120(F), the property owner shall submit to the City a site plan showing the proposed area of impervious surface and all other structures in the rear yard, and an indication of the type of impervious materials proposed.

4. All necessary permits that may be required shall be obtained for the construction of the impervious surface.

Chapter 17.54 Signs on Private Property

17.54.030 Sign Requirements and Review Procedures

3. Site Plan and Design Review required. Site Plan and Design Review shall berequired for all new signs within the Central Business District as required underSection 17.10.060 (Site Plan and Design Review).


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17.54.070 Design Standards

The following criteria shall be utilized for permanent advertising displays and signs, and shall not be construed to govern the design of temporary signs.

BB.G. Design Standards for Special Sign Types

3. Wall signs

f. Can signs are prohibiteddiscouraged. Channel letters, reverse channel letters, and pushpin letters are preferred. Letters may not utilize gold-colored (or a shade of gold) trim cap.

5. Monument signs. Monument signs may be used in conjunction with otherfreestanding signs on sites 1 acre or more in size. On sites less than 1 acre insize, only monument signs shall be permitted. Monument signs shall conformto the following restrictions:

a. Maximum of 42 square feet per sign face;b. Maximum height of 5 feet; andc. Compliance with the setback and spacing standards for freestanding

signs in Subsection 17.54.060(E).

17.54.080 Allowed Permanent On-Site Sign Standards

TABLE 17.54.080-1ALLOWED PERMANENT ON-SITE SIGN STANDARDS

Sign TypeMaximumNumber

Permitted

MaximumArea

MaximumHeight

Office and Industrial Zoning Districts

Building Attached Signs

Projecting Sign 1/frontage 1.5 sf/1 lf primary building frontage, max 50 sf for all signs

RooflineWall Sign 1/frontage

Window Sign No maximum -

Freestanding Sign Monument Sign 1/entrance 25 sf each 10 ft

ARTICLE IV STANDARDS FOR SPECIFIC LAND USES

Chapter 17.80 Outdoor Sales, Display, Storage, and Seating

17.80.040 Special Standards

C. Standards for Outdoor Storage. The following development standards shall apply to all permanent and temporary outdoor storage activities:

3. Screening. Screening of outdoor storage shall be consistent with Section 17.46.0670 (Special Fence and Wall Requirements).


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ARTICLE V STANDARDS FOR SPECIFIC LAND USES

17.100.060 Universal Definitions

Front Yard, Front. That portion of a parcel from between the front property line and any building on the property.

Net Rear Yard. Net rear yard means the portion of the total rear yard that is not covered by any form of structure including sheds, patios, courts, pools, or other permanent or semi-permanent structure.

Yard, Rear. An area extending the full width of the lot between a rear lot line and the required setback.

Side Street Yard, Street Side. Side street yard means the side yard of a corner lot that is along the secondary street side of the parcel.

Side Yard, Side. Side yard means that portion of a parcel between the primary building structure and the side lot line.

Yard. An open space on the same lot or parcel of land, other than a court, unoccupied and unobstructed from the ground upward, except as otherwise permitted by this Title.

Yard Area, Actual. The actual yard area of a lot is the horizontal area between the property line and a parallel line along the nearest structure located outside of the required setback area. See Figure 17.100.060-4 (Yard Area).

Yard Area, Required. The required yard area (front, interior side, street side, and/or rear) of a lot is the horizontal area between the property line and the minimum setback distance for the respective yard. See Figure 17.100.060-4 (Yard Area).

FIGURE 17.100.060-4 YARD AREA


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Yard, Front. A yard extending across the full width of the lot or parcel of land. The depth of a required front yard shall be a specified horizontal distance between the right-of-way line of the highway or street on which the property fronts and a line parallel thereto on the lot or parcel of land, except as otherwise provided for a flag lot. On corner lots, the front yard shall be located across the narrower frontage of the lot. A yard shall not be deemed a front yard if there is no right of access of any kind, pedestrian or vehicular, from the adjoining street.

Yard, Rear. A yard extending across the full width of the lot or parcel of land. The depth of a required rear yard shall be a specified horizontal distance between the rear property line and a line parallel thereto on the lot or parcel of land, except as otherwise provided for a flag lot.

Yard, Side, Corner. A yard bounded by a highway or street, extending from the required front yard, or the right-of-way line on which the property fronts where no front yard is required, to the required rear yard or to the rear lot line where no rear yard is required. The width of such required side yard shall be a specified horizontal distance between the right-of-way line of the highway or street on which the property sides and a line parallel thereto on the lot or parcel of land.

Yard, Side, Interior. A yard extending from the required front yard, or the right-of-way line on which the property fronts where no front yard is required, to the required rear yard or to the rear lot line where no rear yard is required on other than a corner side yard. The width of a required interior side yard shall be a specified horizontal distance between each such side lot line parallel thereto on the lot or parcel of land.

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