§ 5-3-13 PD PLANNED DEVELOPMENT OVERLAY DISTRICT.

   (A)   Applicable provisions. The provisions of Chapter 1 of this title are made applicable to all PD Overlay Districts, subject to the provisions of this section.

   (B)   Purpose and intent. The purpose of this Planned Development Overlay District is to encourage a desired level of preplanning for the development or redevelopment of land and to establish innovative design solutions while retaining good land use relationships and compatibility with adjoining property. This district’s function is to facilitate the variation of standards of the zoning ordinance under proper planning and to achieve, where appropriate, unique and imaginative community design whenever it can be demonstrated that such variation will result in an environment superior to that possible under the normal application of city standards.

   (C)   Application process. A planned development (PD) permit may be requested for any proposed project and may be established in any area suitable for and of sufficient size (one acre minimum) to contain a planned development, and may include residential, commercial or industrial uses where appropriate findings can be made. A PD permit application shall be filed and considered concurrently with the zoning request and project plan application (§ 5-6-11-1 of this title) for a PD Overlay District. The Planning Commission shall provide a recommendation on the PD permit and PD Overlay District to the City Council, who shall take action on the proposal. Public hearings shall be held pursuant to § 5-6-6 of this title. After the establishment of a PD Overlay District, an application for a development plan (§ 5-6-11-2 of this title), which is in conformance with the approved project plan, shall be filed with the Planning Department and the applicable filing fee or processing deposit paid.

   (D)   Permit process. Please refer to § 5-6-11 of this title for PD permit process requirements.

(Ord. 533, passed 8-16-2005)

§ 5-3-14 VEH VEHICLE SALES OVERLAY DISTRICT.

   (A)   Applicable provisions. The provisions of Chapter 1 of this title are made applicable to all VEH Overlay Districts, subject to the provisions of this section.

   (B)   Purpose and intent. The purpose of this Vehicle Sales Overlay District is to allow for a future auto mall in that portion of the city, once annexed, known as the Sultana area. The VEH Overlay District would restrict the use of all auto, truck, RV and boat sales to the areas designated service commercial, highway commercial or limited industrial along the SR 99 corridor, west of Sultana Drive and east of Dwight Way. Uses will be regulated to provide for vehicle sales lots with limited provisions for service.

   (C)   Permitted uses. Establishment of a VEH Overlay District shall be for the sole purpose of designating a future auto mall. Any vehicle sales activity will require a use permit and is subject to a site plan/design review under the provisions of this title.

   (D)   Development standards. Development within the VEH Overlay District shall comply with all applicable requirements of the primary zoning district.

(Ord. 533, passed 8-16-2005)

§ 5-3-15 LAND USE REGULATIONS (ZONING MATRIX).

   (A)   Range of uses. Uses within the city shall be consistent with the land use/zoning matrix contained in the tables of this section.

      1.   Permitted uses:. Permitted uses are indicated on the land use/zoning matrix by the letter “P” in the box defined by a use and zone designation. These uses are allowed in the districts indicated without discretionary review, subject to determination of compliance with the development, parking, landscaping and other standards of the zoning ordinance by the city.

      2.   Conditional uses. Conditional uses are indicated on the land use/zoning matrix by the letter “C” in the box defined by a use and zone designation. Conditional uses may be permitted subject to obtaining a use permit from the Planning Commission or Planning Director, as regulated elsewhere in this title. For commercial cannabis uses, the letter “C” in the box defined by a use and zone designation indicates the requirement of a cannabis permit, as required under § 5-5-14 of this title.

      3.   Accessory uses. Accessory uses are secondary to a primary or principal use on a site. Accessory uses are permitted in all zoning districts.

      4.   Prohibited uses. A blank space in a box on the land use/zoning matrix indicates that the use is prohibited. Any private drilling operations including, but not limited to, oil, water, mineral and metal are prohibited. Also, any cannabis or medical cannabis dispensary is prohibited, as well as any other commercial cannabis activity, except as specifically established in this title.

   (B)   Uses not listed. The land use/zoning matrix is not intended to be a comprehensive list of all possible uses, but rather identifies the more common uses likely to be proposed in the city. Uses not specifically covered by any use category, but which appear to be similar in nature to permitted or conditional uses, shall be reviewed by the Planning Director, who shall determine the use classification based upon activity characteristics of the proposed use. The Planning Director may also consult with the Planning Commission in determining if a proposed use is a permitted activity. A proposed use shall otherwise be considered a prohibited use where it is not provided for within a district.

   (C)   Land use/zoning matrix.

 

Key	Zoning Designations
C - Conditional use	(R-E) Estate Residential	(C-2) Community Commercial
P - Permitted use	(R-1) Low Density Residential	(C-3) Highway Service Commercial
Blank - Unless otherwise indicated, use is not allowed	(R-2) Medium Density Residential	(M-1) Limited Industrial
	(R-3) High Density Residential	(M-2) General Industrial
	(C-1) Neighborhood Commercial	(P-F) Public or Quasi-Public Facilities
	(DTC) Downtown Commercial	(P/OS) Parks and Open Space

 

Table 2: Residential Uses

R-E10

R-110

R-29,10

R-39,10

C-19,10

DTC9,10

C-29,10

C-39,10

M-19,10

M-29,10

P-F10

P/OS10

Residential Uses

Daycare, residential

P

P

P

Dwelling, duplex

C1

P

Dwelling, multiple- family/apartment

C2

P3

C

Dwelling unit, accessory

P

P

P

P

P

Dwelling unit, junior accessory5

P

P

Dwelling, single-family

P

P

C

Home occupation

P

P

P

C

Housing, boarding

C

C

C

Housing, farm labor6

P

P

P

P

P

Mobilehome

P4

P4

Mobilehome park

C

C

Personal cannabis cultivation8

P

P

P

P

P

P

P

P

P

P

P

P

Public uses, schools/parks/playgrounds7

P

P

P

P

C

C

P

P

Shipping container accessory structure

C

C

C

C

C

C

C

C

C

C

C

C

Notes:

1.   General plan provisions for low density residential allow for innovative designs, which utilize clustering, duplexes or halfplexes on corner lots, zero lot line or planned development features, in the R-1 Zone

2.   Multi-family or group dwellings are permitted in R-2 Districts on corner lots, subject to a conditional use permit, provided that in no case shall any dwelling contain more than 4 living units; multi-family dwellings in the R-2 District shall meet development standards of § 5-3-16 of this chapter

3.   Projects in excess of 25 units or with a density in excess of 24 units per gross acre on R-3 lots require a conditional use permit

4.   See § 5-5-3-1 of this title for mobilehomes on private lots

5.   See § 5-5-6 of this title for accessory dwelling unit provisions

6.   Farm labor housing that serves 6 or fewer persons shall be treated as a single-family unit and is permitted by right in all R-E, R-1, R-2, R-3 and DTC Districts

7.   Joint use of school multipurpose facilities and open space is encouraged

8.   See § 5-5-15 of this title for personal cannabis cultivation use provisions; this use is only allowed inside a private residence by individuals 21 years of age and older or at least 18 years of age and either a qualified patient or a primary caregiver according to regulations

9.   Site plan/design review is required for all uses involving new construction, significant exterior alterations to existing structures or significant site plan alterations in the R-2, R-3, C-1, DTC, C-2, C-3, M-1 and M-2 Zones

10.   Transitional and supportive housing are permitted in all zones subject to normal requirements and restrictions; see Chapter 7, Definitions, of this title

 

Table 3: Commercial Uses

R-E

R-1

R-29

R-39

C-19

DTC9

C-29

C-39

M-19

M-29

P-F

P/OS

Commercial uses

Agricultural

C

Amusement center

C

C

Automobile repair

P

P

P

P

Bar, cocktail lounge

C

C5

C

C

Body art establishment

C

Business service

P

P

P

P

Commercial cannabis activity/uses:

Cannabis dispensary/retail activity with or without storefront11

Commercial cannabis cultivation - indoor11

C

C

Commercial cannabis cultivation - mixed light (enclosed)11

C

C

Commercial cannabis cultivation - outdoor11

C

C

Commercial cannabis distribution11

C

C

Commercial cannabis manufacturing (volatile/nonvolatile)11

C

C

Commercial cannabis - microbusiness (no retail; no outdoor cultivation)11

C

C

Commercial cannabis nursery - indoor or mixed light/greenhouse11

C

C

Commercial cannabis testing11

C

C

C

Medical cannabis delivery only (originating from outside the city)11

C

C

C

C

C

C

C

C

C

C

C

C

Nonmedical cannabis delivery only11

Commercial services

P

P

P

P

P

P

Cultivation8

C

C

C

C

C

C

C

C

C

C

C

C

Daycare center

C

C

C

C

Emergency shelter

C

P

P

Equipment sales, rental, repair

P

P

P

Financial institution, bank

P

P

P

P

Horticultural nursery

P

P

Hospital

C

Hotels, motels

C

C

P

Laboratory, research institute

P

P

P

Licensed community care facility1

P6

P6

C

C

Mixed use2

C

C

Office, professional/business and medical

P

P

P

C7

Outdoor sales

P

P

P

P

Public utility building/substation

C

C

C

C

C

C

P

Recreation

C

C

C

C

C

C

Recreational vehicle site/trailer court

C

C

Residence/manager/owner3

C

C

C

C

C

C

Rest home

C

C

Restaurant/café

P

P

P

P

Restaurant, drive-in

C

C

Retail and professional services

P

P

P

P

P

Retail sales

P

P

P

P

Service stations, gasoline

C

C

C

Shipping container accessory structure

C

C

C

C

C

C

C

C

C

C

C

C

Smoke shop/smoking lounge10

C

C

Storage

P

P

Vehicle sales4

C

C

Notes:

1.    The adopted housing element allows facilities serving 7 or more persons in single-family R-1 Zones, subject to a conditional use permit

2.    Mixed-use development is permitted in DTC and C-1 Zones, subject to securing a conditional use permit, and shall encourage projects that contain affordable housing units; development standards in these districts shall allow for a maximum density of 29 du/ac for residential units above ground floor commercial

3.    Residential uses limited to a manager or the owner of the establishment shall be permitted on the premises; such uses shall require a use permit and the yard requirements, density and other matters relative to yard and area shall be subject to the Planning Commission’s approval and shall not be less than those normally required for residential uses

4.    Vehicle sales shall refer to an established vehicle sales (“VEH”) Overlay District as per § 5-3-14 of this chapter

5.    All retail establishments serving alcoholic beverages for consumption on premises within the Downtown Commercial District (“DTC”) shall be located no closer than 2 city blocks between similar establishments; 2 city blocks for purposes of this title, shall consist of 1,000 feet measured in all directions from an existing retail establishment serving alcoholic beverages for consumption on the premises

6.    A conditional use permit shall be required for care facilities serving 7 to 14 persons in residential districts; facilities serving 15 or more persons shall not be permitted at all in single-family residential districts

7.    May be permitted with a use permit as part of mixed-use operations

8.    See § 5-5-12 of this title for cultivation use provisions; “cultivation” as a stand-alone use does not include cannabis cultivation, which is addressed in §§ 5-5-14 and 5-5-15 of this title

9.    Site plan/design review is required for all uses involving new construction, significant exterior alterations to existing structures, or significant site plan alterations in the R-2, R-3, C-1, DTC, C-2, C-3, M-1 and M-2 Zones

10.    See § 5-5-13 of this title for smoke shop and/or smoking lounge use provisions

11.    See § 5-5-14 of this title for the regulations on commercial cannabis activity

 

Table 4: Industrial Uses

R-E

R-12

R-22

R-32

C-12

DTC2

C-22

C-32

M-12

M-22

P-F

P/OS

Industrial uses

Auto body repair

P

P

P

Auto storage

P

P

Auto wrecking

P

Body art establishment

C

Cultivation1

C

C

C

C

C

C

C

C

C

C

C

C

Finished goods assembly

P

P

Heavy equipment terminal, truck

P

Kennel

C

Manufacturing, beverage/bottling plant

C

P

P

Manufacturing, heavy general

P

Manufacturing, light general

P

P

Recycling facility

P

P

Salvage yards

C

Shipping container accessory structure

C

C

C

C

C

C

C

C

C

C

C

C

Smoke shop/smoking lounge3

C

C

Warehouse, wholesale

C

P

P

Notes:

1.   See § 5-5-12 of this title for cultivation use provisions

2.   Site plan/design review is required for all uses involving new construction, significant exterior alterations to existing structures, or significant site plan alterations in the R-1, R-2, R-3, C-1, DTC, C-2, C-3, M-1 and M-2 Zones

3.   See § 5-5-13 of this title for smoke shop and/or smoking lounge use provisions

 

Table 5: Public or Quasi-Public Facilities Uses

R-E

R-1

R-2

R-3

C-1

DTC

C-2

C-3

M-1

M-2

P-F

P/OS

Public or quasi-public facilities

Airport

C

Cemeteries

C

C

Communication equipment facility

C

Community hall/services

C

C

C

C

C

C

Government facilities

C

P

Public buildings and land

P

P

P

C

P

C

Public or private colleges or universities

C

Public, park

P

P

P

C

P

P

Shipping container accessory structure

C

C

C

C

C

C

C

C

C

C

C

C

Utility services

C

 

(Ord. 533, passed 8-16-2005; Ord. 602, passed 3-19-2013; Ord. 622, passed 1-20-2015; Ord. 632, passed 12-19-2017; Ord. 659, passed 6-21-2022)

§ 5-3-16 LOT DEVELOPMENT STANDARDS.

   (A)   All buildings or structures or portions of structures developed or modified under the terms of this title shall comply with the development standards of Tables 6, Development Standards, 7, Lot Configurations, and 8, Building Structure Setback Requirements, of this section.

   (B)   Street frontage/lot width in the case of a lot fronting on a curving street or around a curving portion of a cul-de-sac street shall be the distance between the side lot lines measured along the chord at the front setback line.

   (C)   Some developments within the city contain standards regulating issues such as building/structure height, yard setbacks, floor area ratio and fencing, which may be less or more restrictive than the development standards contained within this section. Such individualized standards, typically prescribed by conditions of approval of the underlying subdivisions or planned developments, shall prevail over the standards contained within this section, except where, as determined by the Planning Director, application of standards unique to a particular development would be inconsistent with the general plan. In such cases, the Planning Director shall consult with the Planning Commission in determining if current standards from this title should be applied.

Table 6: Development Standards
Zone	Maximum Site Coverage (%)	Maximum Structure Height (In Feet)	Maximum Accessory Structure Height, Detached (In Feet)	Maximum Floor Area Ratio (FAR)
R-E	N/A	30	15	N/A
R-1	0.55	30	15	0.60
R-2	0.40	30	15	0.50
R-3	0.40	40	15	0.50
C-1	N/A	301	15	N/A
DTC	N/A	501	20	N/A
C-2	N/A	351	201	0.503
C-3	N/A	351	201	0.503
M-1	N/A	451	351	0.503
M-2	N/A	551	451	0.503
PD	See note 2	See note 2	See note 2	See note 2
Notes:
1.   An additional 10 feet in height may be permitted with site plan/design review approval
2.   As determined by PD Overlay permit
3.   An additional 0.10 FAR may be permitted with site plan/design review approval and determination of traffic and circulation impacts

 

Table 7: Lot Configurations
Zone	Minimum Lot Area	Minimum Corner Lot Area (Sq. Ft.)	Minimum Lot Width/Street Frontage (In Feet)	Minimum Corner Lot Width/Street Frontage (In Feet)
R-E	10,000 sq. ft.	10,500	100	105
R-12	7,000 sq. ft.	7,500	70	75
	6,000 sq. ft.	6,500	60	65
R-2	5,500 sq. ft. (2,750 sq. ft. per dwelling unit)	6,500	60	65
R-3	6,500 sq. ft. (1,500 sq. ft. per dwelling unit)	6,500	60	65
C-1	10,000 sq. ft.	N/A	N/A	N/A
DTC	6,000 sq. ft.	N/A	N/A	N/A
C-2	1 acre	N/A	N/A	N/A
C-3	6,000 sq. ft.	N/A	N/A	N/A
M-1	10,000 sq. ft.	N/A	N/A	N/A
M-2	2 acres	N/A	N/A	N/A
PD	See note 1	See note 1	See note 1	See note 1
Notes:
1.   As determined by PD Overlay permit
2.   For lots located in the old section of the city, bounded by the railroad tracks on the north, 9th Street on the west, Peach Avenue on the south, and Prusso Street on the east, lot configurations shall remain at the 6,000 square feet minimum lot size; legally conforming lots in this area shall remain legally conforming lots after the adoption of the updated zoning ordinance on July 19, 2005

 

Table 8: Building Structure Setback Requirements
(All Setbacks Measured in Feet)
Zone	Minimum Front Yard Setback	Minimum Side Yard Setback	Minimum Rear Yard Setback
R-E	251	10	20
R-1	20	10	5 (first floor)
			15 (second floor)
R-2	15	52	15
R-3	15	53	15
C-1	N/A4	N/A5	N/A6
DTC	N/A4	N/A5	N/A6
C-2	N/A4	N/A5	N/A6
C-3	N/A4	N/A5	N/A6
M-1	N/A7	N/A8	N/A9
M-2	N/A4	N/A5
PD	N/A10	N/A10
Notes:
1.   Setback requirements for R-E Districts shall include a 40 foot minimum garage setback
2.   In no instance shall residence on adjoining R-2 lots be closer than 8 feet, except on the side next to a street on a corner lot, which shall be 15 feet deep; if a garage is present, or if developing on a reverse corner lot, street side yard setback shall be 20 feet
3.   Each interior lot in an R-3 District shall have a minimum side yard of 5 feet; corner lots shall have 15 feet, except in the case of a reverse corner lot or a garage; then it shall be 20 feet
4.   No minimum, except where the frontage in a block is partially in a residential district; in which case the front yard shall be the same as required in such residential district
5.   No minimum, except where the side of a lot abuts a residential district; in which case the side yard shall not be less than 10 feet
6.   No minimum, except where the rear of a lot abuts a residential district; in which case a rear yard of 15 feet shall be required
7.   Where any of the lots within the same block are already developed with front yards less than 15 feet, then a minimum of 10 feet shall be required for the front yard depth
8.   On corner and reverse corner lots in the M-1 district, the side yard which faces the street shall be 20 feet
9.   When no alley intervenes between the rear property lines, each lot in the M-1 District shall maintain a rear yard of not less than 10 feet, except the rear yard may be less than 10 feet when the building is built in compliance with the requirements of the fire code after approval from the Planning Commission is obtained
10.   As determined by Planned Development Overlay permit

 

(Ord. 549, passed 8-15-2006; Ord. 605, passed 6-4-2013; Ord. 610, passed 2-18-2014)

§ 5-3-16-1 SETBACK EXCEPTIONS.

   (A)   Encroachment into setbacks. Certain architectural features may extend from a building structure into a required setback.

      1.   Canopies, doorway covers not exceeding 12 square feet, eaves, bay windows, stairways/landings and chimneys may extend into required front, side or rear yards a distance not exceeding three feet and shall have a minimum three-foot setback to all property lines.

      2.   Where an accessory building is attached to the main building, it shall be considered a portion of the main building and shall comply in all respects with the requirements of this title applicable to the main building.

      3.   (a)   Freestanding accessory buildings and structures in residential districts, whether or not requiring a building permit (such as a metal shed, garage, greenhouse, gazebo, carport, play structure, tree house, trellis, arbor or patio cover), may not be located in the required front yard of the particular zone unless provided for elsewhere in this title. A trellis or arbor is permitted in the front yard covering a walkway. The trellis or arbor may not exceed a height of eight feet or width of six feet.

         (b)   Freestanding accessory buildings and structures, whether or not requiring a building permit, may be located within required side yards, subject to the following standards.

            (1)   A minimum five-foot side setback shall be required for garages and carports, including prefabricated metal structures. Prefabricated tarp structures are prohibited.

            (2)   A minimum three-foot setback shall be required for that portion of any freestanding accessory building or structure exceeding a height of eight feet.

            (3)   A five-foot setback shall be required for that portion of any freestanding accessory building or structure exceeding a height of ten feet.

            (4)   A maximum 15-foot height limit shall apply to any freestanding accessory structure or building located in the area between five feet from the rear property line and the standard full rear yard setback required of the district.

            (5)   No more than 30% of a required rear yard may be covered by accessory structures. Accessory structures are prohibited within the five-foot rear yard setback in the R-1 Zoning District.

            (6)   Separation from the main building, consistent with city adopted building and safety codes.

      4.   The conversion of existing, open structures to enclosed structures (such as conversion of a carport to a garage or enclosure of a covered porch) shall be subject to all yard setback requirements of this title.

      5.   Ground mounted heating and air conditioning units may be permitted in required side or rear yards.

      6.   In all instances, buildings and structures must provide adequate clearance from property lines and/or between buildings and structures to ensure adequate access for emergency personnel and equipment.

(Ord. 605, passed 6-4-2013)