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HomeMy WebLinkAboutOrdinances - No. 1648ORDINANCE NO. 1648 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 17 - ZONING, CHAPTER 17.57, THEREBY ADDING SECTIONS 17.57.170, 17.57.180 AND 17.57.190 RELATING TO GENERAL REGULATIONS AND EXCEPTIONS BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS: Section 1. Chapter 17.57 - General Regulations and Exceptions - is hereby amended by adding thereto three new sections to read as follows: 17 57 170 Enclosed Building Requirement. Stores, shops or businesses permitted in any commercial or industrial district shall be conducted wholly within an enclosed building unless the specific use and zone permit otherwise. Vehicle sales lots, service stations, parking lots, small recycling collection facilities and those businesses that typically require outdoor storage or activities will be exempt from this requirement. 17 57 180 Refuse Container Storage and Collection Areas. The following regulations shall apply to the garbage, refuse and recycling facilities on residential and commercial properties. Placement of such facilities within the public right-of-way is governed by Chapter 12.04 of this code. A. Roll -away and Portable Containers. All roll -away and other portable containers must be kept out -of -view from the public right- of-ways, excluding alleys, and may not be stored within the front yard setback. B. Dumpster Bins. All dumpster bin storage and refuse collection areas shall be screened from public view by a concrete block or masonry wall or in such a manner so that it is not visible from abutting public right-of-ways, excluding alleys. All storage and collection areas and enclosures shall be maintained in a sanitary condition and walls, roof coverings and doors to enclosures must be maintained in good condition and must be in working order. C. Exceptions. The following exceptions pertain to both commercial and residential garbage, refuse and recycling facilities: • 1. Garbage, refuse and recycling storage containers can be placed out for collection, from 5:00 p.m. the day before garbage collection to 8:00 p.m. the day of garbage collection, in accordance with the requirements of the garbage collector. 2. Rented containers and dumpster bins can be placed in public view on private property for the duration of the special project, remodeling or construction project, or special event for which they are being used, but must be maintained in a sanitary condition and removed when filled to prevent overflow and blight. 17 57 190 Commercial Vehicles Parking in Residential Districts Vehicles which are strictly commercial in nature, such as tow trucks, ambulances, mini -buses, large delivery and/or service trucks, or similar vehicles, which have a gross load capacity greater than one and one-half (1 1/2) tons shall not be allowed to park on private property in residential zones unless the vehicle is placed out of public view and located behind the designated front setback line, or for the immediate loading or unloading of goods or people. Section 2 - No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law. Section 3 - Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application. To this end, the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. Section 4. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. Section 5. This ordinance shall be published one time in the "Lodi News Sentinel', a daily newspaper of general circulation printed and published in the City of Lodi and shall be in force and take effect thirty days from and after its passage and approval. Approved this 4th day of June, 1997 Gz�vw+n,U PHILLIP A. PENNINO Mayor Attest: rh (i»ti ALICE M. R IMCHEHE Acting City Clerk State of California County of San Joaquin, ss. I, Jennifer M. Perrin, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1648 was introduced at a regular meeting of the City Council of the City of Lodi held May 21, 1997 and was thereafter passed, adopted and ordered to print at a regular meeting of said Council held June 4, 1997 by the following vote: Ayes: Council Members - Land, Mann, Sieglock, Warner and Pennino (Mayor) Noes: Council Members - None Absent: Council Members - None Abstain: Council Members - None I further certify that Ordinance No. 1648 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. " N. 64-, ALICE M. REIMCHE Acting City Clerk als�A� For RANDALL A. HAYS City Attorney CITY OF LODI P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUBJECT: ORDINANCE NO. 1648 - AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNINCIPAL CODE TITLE 17, et seq. PUBLISH DATES: WEDNESDAY, JUNE 11, 1997 TEAR SHEETS WANTED: ONE UICGt w� AFFIDAVIT AND BILL TO: ALICE M.. R'EIMEIMCHE ACTING CITY CLERK DATED: JUNE 5, 1997 ORDERED BY: JACQUELINE L. TAYLOR DEPUTY CITY CLERK VUilGt �t. �1LLLi1a'_,�L��'xW� SUSAN SEWARD-LAKE ADMINISTRATIVE CLERK advins/forms