The purpose of this chapter is to prescribe standards applicable to property maintenance and use. In the interest of protecting the public's health, safety, and welfare, these standards are intended to enhance the value, development, appearance, and character of the community.
The property maintenance and use standards shall apply to all properties within the City, unless stated otherwise. These standards shall be enforced in the manner determined to be the most appropriate in accordance with other applicable procedures as established in Upland Municipal Code Chapter 1.16 (Penalty Provisions), Chapter 8.16 (Abatement of Nuisance Buildings), as well as any other procedures available in State or Federal law. Property owners are responsible for ensuring compliance with all maintenance requirements for their property(ies), regardless of whether or not they occupy or lease the property(ies).
A.
Single-Family Lots/Parcels.
1.
Front Yards and Side Yards (Street Abutting). Front yards, side yards, porches, and any area on a property visible from the public right-of-way, adjacent street or alley, shall be maintained free of all storage, construction materials, automotive parts, landscaping equipment and tools, refuse, debris, trash receptacles, inoperative vehicles, dismounted camper shells, discarded or broken materials, appliances, furniture, unhitched trailers, storage pods, or similar materials and equipment.
2.
Side and Rear Yards. Storage of materials and equipment shall be screened by permitted walls, fences, storage buildings, and/or landscaping materials from any abutting property, street, alley and right-of-way, and shall not occupy more than 10 percent of the lot area.
3.
Vehicles.
a.
Parking of licensed vehicles shall occur within a garage or carport, on an approved driveway, or on an approved paved parking area.
b.
Except for vehicles weighing less than three tons (unladen), parking of any commercial vehicle, commercial trailer, or related commercial equipment shall be prohibited. No more than two commercial vehicles may be parked on any single-family residential lot or parcel.
c.
Emergency or minor repairs to a vehicle owned by a person residing upon the parcel may be conducted on a paved driveway or parking area. Repairs shall be concluded within 72 hours of commencement.
d.
Parking of one inoperative vehicle may be permitted in the rear or side yard setback of a lot for up to 180 days, provided such vehicle is screened from public view by a legally permitted and solid six-foot fence.
e.
Tarps shall not be used to enclose any parking space in any circumstance. The use of tarps for vehicle covers, boat covers or temporary canopies, and/or awnings is prohibited in any outdoor area visible from any public right-of-way.
4.
Trash Receptacles.
a.
The exterior collection area shall consist of an area for the storage of three 110-gallon mobile containers for each residential unit.
b.
All residential projects shall provide a minimum of three cubic feet of space for the collection and storage of refuse and recyclable material within each residence.
c.
Refuse and recycling bins may not be placed for collection before 12:00 p.m. on the day preceding scheduled collection, and must be removed no later than 12:00 p.m. on the day following the scheduled collection. Containers must be placed for collection along the curb in front of the dwelling where the refuse was generated.
d.
Enclosures shall be located so that refuse and recyclables collection activities do not block driveways accessing the property.
e.
For developments designed to store refuse and recycling bins within the garage, the bins shall be stored in an area outside of the required 20-foot by 20-foot clear area for parking.
f.
If storing bins out of public view is physically impossible, bins may be stored adjacent to the side of the house or garage in an area behind the front yard setback that is specifically designed to accommodate the bins, and shall be softened with landscaping to the greatest extent possible.
B.
Multi-Family Lots/Parcels.
1.
Yards. Front yards, side yards, porches, and any area on a property visible from the public right-of-way, adjacent street or alley, shall be maintained free of all storage, construction materials, automotive parts, landscaping equipment and tools, refuse, debris, trash receptacles, inoperative vehicles, dismounted camper shells, discarded or broken materials, appliances, furniture, storage pods, or similar materials and equipment. In addition, trash bins shall be placed on the street or alley no earlier than 12 hours prior to pick up, and removed from the street or alley within 12 hours after pick-up.
2.
Vehicles.
a.
Parking of licensed vehicles shall occur within a garage or carport, on an approved driveway, or on an approved paved parking area. Storage of materials shall not restrict the parking of a vehicle in the required parking space.
b.
Parking of licensed vehicles in a side yard shall maintain at least a three-foot pedestrian accessway on one side of the side yard.
c.
Except for vehicles weighing less than three tons (unladen), parking of any commercial vehicle, commercial trailer, or related commercial equipment shall be prohibited.
d.
Emergency or minor repairs to a vehicle owned by a person residing upon the parcel may be conducted on a paved driveway or parking area. Repairs shall be concluded within 72 hours of commencement.
e.
Tarps shall not be used to enclose any parking space in any circumstance. The use of tarps for vehicle covers, boat covers or temporary canopies, and/or awnings is prohibited in any outdoor area visible from any public right-of-way.
3.
Trash Receptacles.
a.
Developments containing six units or more shall provide one trash enclosure for every 15 dwelling units, with a minimum of one enclosure required. Developments of five units or less may be exempted from provision of a trash enclosure; however, trash containers shall be properly stored or screened from public view to the satisfaction of the Development Services Director.
b.
Storage enclosures shall be sufficient in size to hold two or more standard three-cubic-yard bins or compactor of equal storage capacity. Each enclosure shall provide sufficient area for the collection of refuse and recyclable materials.
c.
In the event that any exterior refuse storage area cannot be located within 100 feet of walking distance from the living unit it serves, individual trash compactors shall then be required for each unit that is more than 100 feet from the storage area. In any event, no storage area within a multiple-family residential development shall be greater than 250 feet from any living unit.
d.
Trash bins shall be fully enclosed. Solid metal doors shall be installed. Adequate room shall be provided within the enclosure to accommodate bins used for recyclable materials in addition to the standard trash bins.
e.
Bins shall be enclosed by a six-foot-high decorative masonry block wall and solid gates to entirely obscure bins from view.
f.
Gates shall be fitted with self-closing door devices with cane bolts in front of the masonry block walls to secure the gates when in the open position. Gates should be equipped with rod locks and corresponding rod holes to secure gates in both the open and closed gate positions.
g.
Enclosures for refuse and recyclable materials bins shall be provided with a separate walk-in entrance no greater than four feet in width.
h.
Refuse/recycling enclosure shall be located outside of all required setback areas.
i.
Enclosures shall be located so as to minimize noise, odor and aesthetic impacts on dwelling units.
j.
A sign clearly identifying all refuse and recycling collection areas shall be posted adjacent to all points of access to the enclosure.
k.
As a condition of permit approval, a project applicant may be required to develop a written recycling plan to be reviewed and approved by the Development Services Director. At a minimum, the recycling plan shall include:
i.
Identification of targeted materials to be recycled;
ii.
Collection frequency of refuse collection and recycling service;
iii.
Refuse collection and recycling company authorized by the City to provide solid waste handling services; and
iv.
Method of recycling program promotion and communication with tenants, business owners and their employees.
l.
Refuse storage and recycling areas shall be used only for the storage of refuse and recycling materials.
m.
Refuse storage and recycling areas shall be kept in a neat and orderly condition and in good repair at all times.
C.
Non-Residential Lots/Parcels.
1.
Accessory. Stored items and/or vehicles shall be incidental to the business or owned by the business or owner of the business.
2.
Yards. Storage items shall be maintained in a neat and orderly fashion within yard areas approved by the City or permitted by this title.
3.
Screening. The storage area shall be screened with fences, walls, solid hedges, or other methods approved by the Development Services Department. Chain link fencing with or without slats is not allowed.
4.
Height. The height of stored merchandise, materials, or equipment shall not exceed the height of the screening element(s).
5.
Vehicles.
a.
Parking of licensed vehicles shall occur within a garage or carport, on an approved driveway, or on an approved paved parking area.
b.
Parking of licensed vehicles in a side yard shall maintain at least a three-foot pedestrian accessway on one side of the side yard.
c.
Tarps shall not be used to enclose any parking space in any circumstance. The use of tarps for vehicle covers, boat covers or temporary canopies, and/or awnings is prohibited in any outdoor area visible from any public right-of-way.
6.
Trash Receptacles.
a.
The minimum number of bins shall be as determined by the Development Services Director, based upon the type, size and intensity of development, and the anticipated frequency of trash/recyclables pick-up.
b.
Bins containing recyclable materials shall provide covers or lids to protect against weather conditions that might render the materials unmarketable.
c.
Bins shall be enclosed by a six-foot-high decorative masonry block wall and solid gates to entirely obscure bins from view.
d.
Gates shall be fitted with self-closing door devices with cane bolts in front of the masonry block walls to secure the gates when in the open position. Gates should be equipped with rod locks and corresponding rod holes to secure gates in both the open and closed gate positions.
e.
Enclosures for refuse and recyclable materials bins shall be provided with a separate walk-in entrance no greater than four feet in width.
f.
Refuse/recycling enclosure shall be located outside of all required setback areas.
g.
A sign clearly identifying all refuse and recycling collection areas shall be posted adjacent to all points of access to the enclosure.
h.
As a condition of permit approval, a project applicant may be required to develop a written recycling plan to be reviewed and approved by the Development Services Director. At a minimum, the recycling plan shall include:
i.
Identification of targeted materials to be recycled;
ii.
Collection frequency of refuse collection and recycling service;
iii.
Refuse collection and recycling company authorized by the City to provide solid waste handling services; and
iv.
Method of recycling program promotion and communication with tenants, business owners and their employees.
i.
Refuse storage and recycling areas shall be used only for the storage of refuse and recycling materials.
j.
Refuse storage and recycling areas shall be kept in a neat and orderly condition and in good repair at all times.
D.
Mixed-Use Lots/Parcels.
1.
Separate Use Requirements. Where residential and nonresidential uses are situated in the same building or in nearby buildings on the same site, each component of the development shall meet the outdoor storage maintenance criteria for the respective land use category as indicated in subsections A through C of this section.
(Ord. 1918 § 1, 2017)
A.
Outdoor display of the following merchandise shall be allowed without screening, subject to the requirements in Subsection C of this section:
1.
Flowers and plants;
2.
Clothing and apparel;
3.
Food products;
4.
Handcrafted products and goods;
5.
Artwork and pottery;
6.
For-rent recreational equipment (e.g., bicycles, roller skates, surf boards, etc.);
7.
Operable boats, motor vehicles, motorcycles, and trucks;
8.
Limited on-site walkway displays adjacent to buildings; and
9.
Other merchandise that the Development Services Director finds to be similar in character, type, or nature to the merchandise listed above.
B.
Outdoor display of merchandise that is not listed in Subsection A of this section may be allowed, subject to the requirements in Subsection C of this section; provided, that the display area is screened by fences, walls, landscaping, or a combination of these screening elements. The height of displayed merchandise, materials, or equipment shall not exceed the height of the screening element(s).
C.
Outdoor display/sales areas shall comply with all of the following:
1.
Fences or walls shall screen a display/sales area located on the side of a lot where visible from residential uses or residentially zoned lots.
2.
A display/sales area shall be on private property and shall not encroach on required parking areas or landscaped areas.
3.
The display/sales area shall be directly related to an allowed use occupying a principal structure on the same premises.
4.
Displayed merchandise shall not obstruct traffic sight areas; encroach upon landscaped areas, driveways, parking spaces, access ways, or pedestrian walkways; or otherwise create hazards for vehicle or pedestrian traffic.
5.
The outdoor display of merchandise shall only be allowed during regular hours of operation, except for vehicle sales/rentals and nurseries.
6.
Additional signs, beyond those normally allowed for the subject use, shall not be provided for the outdoor display and sales area.
A.
Structures and paved areas shall be structurally sound and maintain a clean and orderly appearance.
B.
Structures or paved areas displaying any, but not limited to, evidence of the following shall be considered substandard and in violation of this section:
1.
Broken or missing foundation.
2.
Warping, bowing, or sagging of headers, sills, beams, eaves, doorways, doorjambs, or other similar structural members.
3.
Inadequate site drainage and/or standing water adjacent to building foundations.
4.
Broken or inoperable sanitary and plumbing facilities and/or fixtures.
5.
Faulty, sagging, or leaking roof or rain gutter.
6.
Missing roof tiles or other visible roofing material(s).
7.
Broken or missing windows.
8.
Holes in siding.
9.
Peeling or cracking paint.
C.
Damaged or deteriorating structures shall be repaired immediately.
A.
Parking, loading, driveway, and vehicle maneuvering areas shall be maintained free of trash, debris, standing water, inoperative vehicles, and abandoned items.
B.
Parking areas and similar surfaces shall be maintained free of potholes, sinkholes, and other structural damage such as fissures and surface uplift.
C.
Parking areas and similar surfaces shall be periodically resurfaced or sealed to minimize water seepage.
D.
Faded or damaged parking delineation, pavement striping, signs, and related features shall be repainted, refurbished, and/or replaced immediately.
A.
Landscaped areas shall be maintained free of weeds, debris, and diseased or dead vegetation.
B.
Landscaped areas shall be mowed, groomed, trimmed, pruned, and watered to maintain healthy, growing conditions.
C.
Irrigation systems and decorative elements shall be maintained in good working condition and, when damaged, repaired immediately to prevent leaks or public health hazards.