SEC. 17-11. R-W-1, SINGLE-FAMILY WATER-ORIENTED, SUB-ZONE.

(C) Rules applying to uncertain boundaries on land use maps and zoning maps - Where uncertainty exists as to the boundaries of any coastal sub-zone district shown on the official zoning map, the following rules shall apply:

(1) Where such boundaries are indicated as approximately following street and alley lines or lot lines, the center line of such streets and alleys shall be construed to be such boundaries.

(2) In unsubdivided property or where a zone boundary divides a lot, the location of such boundary, unless indicated by dimension, shall be determined by use of the scale appearing on the zoning map.

(3) In case any uncertainty exists not addressed by this section, the commission shall determine the precise location of boundaries.

(4) Where any public street or alley is officially vacated or abandoned, the regulations applicable to abutting properties shall apply to such vacated or abandoned street or alley.

(5) Where any dedicated or fee right-of-way of any street, railroad, transportation or public utility company is vacated or abandoned, said property shall be automatically classified as an RP sub-zone. All property not otherwise designated shall be classified as an RP sub-zone.

(`64 Code, Sec. 37-1.3.2) (Ord. No. 2034, 2716)

SEC. 17-5. GENERAL REQUIREMENTS.

(A) Erection of buildings and structures - Except as hereinafter otherwise provided, land or buildings may be used and structures may be erected or altered only in accordance with the following provisions:

(1) No building shall be erected and no existing building shall be moved, altered or enlarged, nor shall any land, building or premises be used, designed or intended to be used for any purpose or in any manner other than a use listed in this article or amendments thereto, as permitted in the sub-zone in which such land, building or premises is located.

(2) No building shall be erected nor shall any existing building be moved, reconstructed or structurally altered to exceed in height the limit established by this chapter for the sub-zone in which such building is located. Furthermore, all such buildings shall conform to the city building code.

(3) No building shall be erected nor shall any existing building be moved, altered, enlarged or rebuilt nor shall any open spaces surrounding any buildings be encroached upon or reduced in any manner, except in conformity with the building setback requirements established article II or amendments thereto for the sub-zone in which such building is located.

(4) No yard or open space provided adjacent to any buildings for the purpose of complying with the regulations of this chapter, shall be considered as providing a yard or open space for any other building or structure.

(`64 Code, Sec. 37-1.4.0)

(B) Conflicting permits and licenses to be voided - All departments, officials and employees vested with the duty and authority to issue permits or licenses shall act in conformance with the provisions of this article and shall issue no permits or licenses for uses, buildings or purposes in conflict with the provisions of this chapter. Any permit or license issued in conflict with this chapter shall be null and void.

(`64 Code, Sec. 37-1.4.1)

(C) Administrative authority - The director may authorize a representative to carry out any of the duties and responsibilities delegated to the director by this article.

(`64 Code, Sec. 37-1.4.2)

(D) Zoning clearance - Prior to issuance of a building permit, a zone clearance shall be issued by the development services department certifying that the permit or use complies with all provisions of this chapter. A zone clearance shall be required for all building permits other than for interior modifications.

(`64 Code, Sec. 37-1.4.3)

(E) Certificate of occupancy - No structure hereafter erected or altered subject to a building permit shall be occupied or used until a certificate of occupancy has been issued by the director of public works.

(`64 Code, Sec. 37-1.4.4)

(F) Change of business or use - In the event of a proposed change of use for commercial or industrial purposes on a parcel of land, or in a building or portion thereof, no new use shall occupy or use any such parcel of land or building until a zone clearance has been issued for such use or tenancy. A zone clearance shall not be required for a change of residential occupancy except as otherwise required in this chapter.

(`64 Code, Sec. 37-1.4.5)

(G) Violations of ordinances - No certificate of occupancy shall be issued for any occupancy or use which is in violation of any city ordinance or State law.

(`64 Code, Sec. 37-1.4.6)

(H) Nonconforming uses - Zone clearances for nonconforming uses may be issued by the development services department and the certificate shall state that the use is a nonconforming use and does not conform with the provisions of this chapter.

(`64 Code, Sec. 37-1.4.7)

(I) Uses not specifically permitted in stated sub-zones - If a proposed use is not listed as permitted or conditionally permitted, such use shall be assumed to be prohibited unless the city council determines, following recommendations from the commission and a public hearing, that the proposed use is substantially the same as a listed use. (`64 Code, Sec. 37-1.4.8)

(J) Minimum requirements - In interpreting, analyzing and applying the provisions of this chapter unless otherwise stated, the provisions shall be held to be the minimum requirements for promotion of public health, safety, peace and general welfare.

(`64 Code, Sec. 37-1.4.9)

(K) Conflict with other provisions -

(1) Where conflicts occur between the provisions of this chapter, the coastal land use plan, the coastal act and the building code or other regulations in effect within the city, the more restrictive of any such provision shall apply, unless the more restrictive provision is inconsistent with the coastal act. Nothing contained in this chapter shall be deemed to repeal or amend any provision of the city requiring a permit or license or both, for any business, trade or occupation, nor shall anything in this chapter be deemed to repeal or amend the building code. If provisions of this chapter overlap or conflict, the provision more protective of coastal resources shall apply.

(2) This chapter shall not interfere with, abrogate or annul any easement, covenant or other agreement now in effect; provided however, that if this article imposes a greater restriction upon the use of the buildings or land or upon the height of buildings or requires larger open spaces than are imposed or required by other ordinances, rules or regulations or by easements, covenants or agreements, the provisions of this chapter shall apply.

(`64 Code, Sec. 37-1.4.10)

(L) Number of buildings on a residentially zoned lot - Except multiple-family sub-zones, not more than one principal residential building shall be situated on a single lot of record in any residential sub-zone.

(`64 Code, Sec. 37-1.4.11)

(M) Consistency with the general plan and the coastal land use plan - An application approved by any reviewing body must be found to be consistent with the objectives, policies, general land uses and programs of the city general plan and the coastal land use plan. If there are any conflicts between the provisions or land use designations of the coastal land use plan and the general plan, the coastal land use plan shall prevail.

(`64 Code, Sec. 37-1.4.12)

(N) Recordation of easements and dedication - Offers for or the execution of dedications or easements for coastal access, recreation or open space purposes shall be recorded prior to or simultaneously with the recordation of the related land division. Where no land division is involved or required, such easements and dedications shall be recorded prior to the issuance of building permits or initiation of use, whichever occurs first.

(`64 Code, Sec. 37-1.4.14)

(Ord. No. 2034, 2716)

ARTICLE II. COASTAL SUB-ZONES

SEC. 17-10. R-B-1, SINGLE-FAMILY BEACH, SUB-ZONE.

(A) Purpose - The purpose of the R-B-1 sub-zone is to provide areas in which the low profile, small scale character of existing single-family beach-oriented neighborhoods may be preserved, to provide reasonable protection to existing low- to moderate-income housing and in which to designate areas of future development for low density residential use. Development within the R-B-1 sub-zone shall be consistent with the policies of the Oxnard coastal land use plan. In particular, development within North Shore at Mandalay Bay shall be consistent with LCP Land Use Plan Policy No. 49.1.

(`64 Code, Sec. 37-2.1.1)

(B) Permitted uses - The following are permitted uses in the R-B-1 sub-zone:

(1) Single-family dwellings;

(2) Accessory buildings and structures located on the same lot;

(3) Adult day care facilities serving no more than six adults;

(4) Home occupations;

(5) Child care centers serving no more than six children;

(6) Congregate living health facilities of no more than six beds;

(7) Large family day care homes that the planning manager finds to comply with the standards set out in section 16-440;

(8) Residential care facilities for the elderly serving no more than six persons; and

(9) Small residential health or care facilities that conform to city ordinances restricting building heights, setbacks, lot dimensions, placement of signs and other matters applicable to dwellings of the same type in the same zone, and that provide services to no more than six persons, or to no more than eight children in the case of a small family day care home.

(`64 Code, Sec. 37-2.1.2)

(10) Short-term rentals consistent with section 17-53.

(C) Conditionally permitted uses - The following uses are permitted subject to the approval of a coastal development permit pursuant to the provisions of article V:

(1) Single-family dwellings;

(2) Public utility and municipal facilities; and

(3) Congregate living health facilities of seven to 15 beds.

(`64 Code, Sec. 37-2.1.3)

(D) Property development standards -

(1) Maximum building height: 2 stories, not to exceed 25 feet.

(2) Minimum lot area: 4,000 square feet.

(3) Maximum lot coverage: 60%.

(4) Minimum distance between structures: 6 feet.

(5) Minimum lot width:

(a) For lots easterly of the first public road: 40 feet.

(b) For lots westerly of the first public road: 35 feet.

(6) Front yard setback:

(a) Defined. Front yards in the R-B-1 zone shall be defined as follows:

(i) For properties located between a public walkway and a 26-foot wide public way or a 60-foot street, the front yard shall be the area between the walkway and the main structure.

(ii) For properties located between a public way or alley and a 50- or 60-foot wide public street, the front yard shall be the area between the public street and the main structure.

(b) Required.

(i) For properties located easterly of the first public road paralleling the sea: 15 feet.

(ii) For properties located between the Pacific Ocean and the first public road paralleling the sea and which have a front yard abutting a public beach, park, or similar facility dedicated by easement or in feet: 20 feet. A minimum 10-foot setback shall be required for lots having a remaining length of 110 feet or less.

(7) Rear yard setback: 15 feet.

(8) Side yard setback: five feet.

(9) Accessory buildings: shall observe same setbacks as main structure and shall be separated from main structure by a minimum of six feet.

(`64 Code, Sec. 37-2.1.4)

(E) Special requirements -

(1) Off-street parking. For those lots which abut a 26-foot wide public way, a nine-foot paved parking strip shall be required along the way for the width of the lot. Fences and walls on side yard property lines within this nine-foot area are permitted provided they do not exceed 42 inches in height and are 50% or more open. Walls and solid fences which do not exceed 18 inches in height may also be located within the subject area.

(2) Fencing in front yard. Fences, walls, or hedges may be permitted in front yards of lots along public walkways, may be of solid construction and may exceed general height requirements, but shall not exceed six feet in height and shall provide a permanent means of access to any adjacent public right-of-way or access easement.

(3) Minimum distance between a garage door and the most parallel rear or front property line shall be 20 feet.

(`64 Code, Sec. 37-2.1.5)

(F) Applicable provisions - All uses shall be subject to the applicable standards of this chapter, including standards contained in the following sections:

(1) Section 17-5, General requirements;

(2) Article III, Specific Coastal Development and Resource Standards;

(3) Article IV, General Coastal Development and Resource Standards; and

(4) Article V, Administration.

(`64 Code, Sec. 37-2.1.6)

(Ord. No. 2034, 2145, 2169, 2598, 2671, 2716, 2970, 2986)

SEC. 17-11. R-W-1, SINGLE-FAMILY WATER-ORIENTED, SUB-ZONE.

(A) Purpose - The purpose of the R-W-1 sub-zone is to provide areas of low-density, single-family dwellings on parcels located in an established neighborhood with close proximity to dedicated inland coastal waterways. The intent of this sub-zone is to protect established single-family water-oriented neighborhoods from land uses of higher density and intensity consistent with the policies of the Oxnard coastal land use plan.

(`64 Code, Sec. 37-2.2.1)

(B) Permitted uses - The following are permitted uses in the R-W-1 sub-zone:

(1) Single-family dwelling placed on a permanent foundation;

(2) Accessory buildings and structures located on the same lot;

(3) Adult day care facilities serving no more than six adults;

(4) Home occupations;

(5) Child care centers serving no more than six children;

(6) Congregate living health facilities of no more than six beds;

(7) Large family day care homes that the planning manager finds to comply with the standards set out in section 16-440;

(8) Residential care facilities for the elderly serving no more than six persons; and

(`64 Code, Sec. 37-2.2.2)

(10) Short-term rentals consistent with section 17-53.

(1) Maximum building height: two stories, not to exceed 28 feet.

(2) Minimum lot area: 4,000 square feet for lots which directly abut a waterway; 6,000 square feet for lots which do not abut a waterway.

(3) Minimum lot width: 40 feet.

(4) Interior yard space: 15% of the lot area, which may include the interior side yard. One interior side yard shall be at least eight feet, but need not exceed 600 square feet.

(5) Front yard setback: 15 feet; minimum of 20 feet to center of garage door for back-out driveways.

(6) Rear yard setback: 12 feet for lots abutting a waterway; 20 feet for lots which do not abut a waterway.

(7) Side yard setback:

(a) Interior side yard: 4 feet. No side yard shall be required on one side of a lot where an eight-foot side yard is provided on the other side.

(b) Street side yard: 5 feet.

(`64 Code, Sec. 37-2.2.3)

(D) Special requirements -

(1) A mezzanine for attics may be constructed within roof areas, provided that there are no window openings above the attic or mezzanine floor except for openings facing the front property line and within ten feet of the front setback.

(2) No exterior decks are permitted above the height of the second floor.

(`64 Code, Sec. 37-2.2.4)

(E) Applicable provisions - All uses shall be subject to the applicable standards of this chapter, including standards contained in the following sections:

(1) Section 17-5, General requirements;

(2) Article III, Specific Coastal Development and Resource Standards;

(3) Article IV, General Coastal Development and Resource Standards; and

(4) Article V, Administration.

(`64 Code, Sec. 37-2.2.5)

(F) Conditionally permitted use - Congregate Living health facilities of seven to 15 beds are permitted subject to the approval of a coastal development permit pursuant to the provisions of article V (Administration).

(Ord. No. 2034, 2671, 2716, 2970, 2986)

SEC. 17-12. R-W-2, TOWNHOUSE WATER-ORIENTED, SUB-ZONE.

(A) Purpose - The purpose of the R-W-2 sub-zone is to provide areas of moderate-density townhouse dwellings on parcels located in neighborhoods in close proximity to dedicated inland coastal waterways. The intent of this sub-zone is to protect established townhouse water-oriented neighborhoods from land uses of higher density and intensity consistent with the policies of the Oxnard coastal land use plan.

(`64 Code, Sec. 37-2.3.1)

(B) Permitted uses - The following are permitted uses in the R-W-2 sub-zone:

(1) Single-family dwellings placed on a permanent foundation;

(2) Accessory buildings and structures located on the same lot;

(3) Adult day care facilities serving no more than 6 adults;

(4) Home occupations;

(5) Child care centers serving no more than six children;

(6) Congregate living health facilities of no more than six beds;

(7) Large family day care homes that the planning manager finds to comply with the standards set out in section 16-440;

(8) Residential care facilities for the elderly serving no more than six persons; and

(`64 Code, Sec. 37-2.3.2)

(10) Short-term rentals consistent with section 17-53.

(C) Conditionally permitted uses - The following uses are permitted subject to the approval of a coastal development permit pursuant to the provisions of article V: townhouses, condominiums, and attached and semi-attached dwellings on a permanent foundation; and congregate living health facilities of seven to 15 beds.

(`64 Code, Sec. 37-2.3.3)

(D) Property development standards -

(1) Maximum building height: 2 stories, not to exceed 30 feet.

(2) Minimum lot area: 2,800 square feet.

(3) Minimum lot width: 28 feet.

(4) Interior yard space: 15% of lot area. The minimum dimension is 10 feet.

(5) Front yard setback: 15 feet; minimum of 20 feet to center of garage door for back-out driveways.

(6) Rear yard setback: 12 feet for lots abutting an inland waterway; 20 feet for lots which do not abut a waterway.

(7) Side yard setback:

(a) Interior side yard: none required.

(b) Street side yard: 5 feet.

(`64 Code, Sec. 37-2.3.4)

(E) Special requirements for townhouse building cluster, separation and parking - There shall be no more than six attached dwelling units in any building cluster. Building clusters shall have a 20-foot minimum separation. One off-street guest parking space shall be provided for every three dwelling units unless on-street parking is provided at the ratio of one space for each unit.

(`64 Code, Sec. 37-2.3.5)

(F) Applicable provisions - All uses shall be subject to the applicable standards of this chapter, including standards contained in the following sections:

(1) Section 17-5, General requirements;

(2) Article III, Specific Coastal Development and Resource Standards;

(3) Article IV, General Coastal Development and Resource Standards; and

(4) Article V, Administration.

(`64 Code, Sec. 37-2.3.6)

(Ord. No. 2034, 2671, 2716, 2970, 2986)

SEC. 17-13. R-2-C, COASTAL MULTIPLE-FAMILY, SUB-ZONE.

(A) Purpose - The purpose of the R-2-C sub-zone is to provide an area of moderate-density multiple-family dwellings suitable for legally existing and new subdivisions located in areas adjacent to significant coastal resources, both urban and natural in character. Development within the R-2-C sub-zone shall be consistent with the policies of the Oxnard coastal land use plan.

(`64 Code, Sec. 37-2.4.1)

(B) Permitted uses - The following are permitted uses in the R-2-C sub-zone:

(1) Single-family dwelling placed on a permanent foundation;

(2) Accessory buildings and structures located on the same lot;

(3) Adult day care facilities serving no more than six adults;

(4) Home occupations;

(5) Child care centers serving no more than six children;

(6) Congregate living health facilities of no more than six beds;

(7) Large family day care homes that the planning manager finds to comply with the standards set out in section 16-440;

(8) Residential care facilities for the elderly serving no more than six persons; and

(`64 Code, Sec. 37-2.4.2)

(10) Short-term rentals consistent with section 17-53.

(C) Conditionally permitted uses - The following uses are permitted subject to the approval of a coastal development permit pursuant to article V:

(1) Duplex or multiple-family dwelling units either in separate buildings or combined in one or more main buildings to a maximum of six units per building;

(2) Townhouses, condominiums, and attached and semi-attached dwellings on a permanent foundation;

(3) Residential stock cooperatives and community apartments;

(4) Adult day care facilities serving no more than 15 adults;

(5) Child care centers serving no more than 15 children;

(6) Congregate living health facilities of 7 to 15 beds; and

(7) Residential care facilities for the elderly serving no more than 15 persons.

(`64 Code, Sec. 37-2.4.3)

(D) Property development standards -

(1) Maximum building height: two stories, not to exceed 25 feet.

(2) Minimum lot area: 3,500 square feet per dwelling unit. One unit only permitted on lots of less than 7,000 square feet or with an average width less than 50 feet. Lots of record prior to May 21, 1981, which have a minimum of 6,000 square feet, may contain two dwelling units, provided minimum width is met.

(3) Minimum lot width: 50 feet.

(4) Interior yard space: 25% of lot area; minimum dimension of 15 feet.

(5) Front yard setback: 20 feet.

(6) Rear yard setback: 25 feet.

(7) Side yard setback:

(a) Interior side yard: five feet.

(b) Street side yard: five feet.

(8) Accessory buildings: may occupy any portion of rear yard if located at least six feet from main structure, if has no more than one story in height, and if set back a minimum of 15 feet from any alley or way.

(`64 Code, Sec. 37-2.4.4)

(E) Special requirements for building clusters - There shall be no more than six attached dwelling units in any building cluster.

(`64 Code, Sec. 37-2.4.5)

(F) Applicable provisions - All uses shall be subject to the applicable standards of this chapter, including standards contained in the following sections:

(1) Section 17-5, General requirements;

(2) Article III, Specific Coastal Development and Resource Standards;

(3) Article IV, General Coastal Development and Resource Standards; and

(4) Article V, Administration.

(`64 Code, Sec. 37-2.4.6)

(Ord. No. 2034, 2145, 2671, 2716, 2970, 2986)

SEC. 17-14. R-3-C, COASTAL MEDIUM DENSITY MULTIPLE-FAMILY, SUB-ZONE.

(A) Purpose - The purpose of the R-3-C sub-zone is to provide an area of medium-density family multiple dwellings and new development for existing multiple-family residential neighborhoods, particularly in order to preserve existing low- to moderate-income housing within the city's coastal zone. Development within the R-3-C sub-zone shall be consistent with the policies of the Oxnard coastal land use plan.

(`64 Code, Sec. 37-2.5.1)

(B) Permitted uses - The following are permitted uses in the R-3-C sub-zone:

(1) Single-family dwellings placed on a permanent foundation;

(2) Accessory buildings and structures located on the same lot;

(3) Adult day care facilities serving no more than six adults;

(4) Home occupations;

(5) Child care centers serving no more than six children;

(6) Congregate living health facilities of no more than six beds;

(7) Large family day care homes that the planning manager finds to comply with the standards set out in section 16-440;

(8) Residential care facilities for the elderly serving no more than six persons; and

(10) Short-term rentals consistent with section 17-53.

(`64 Code, Sec. 37-2.5.2)

(C) Conditionally permitted uses - The following uses are permitted subject to the approval of a coastal development permit pursuant to the provisions of article V:

(1) Multiple-family dwellings;

(2) Townhouses, condominiums, community ownership projects and attached and semi-attached dwellings on a permanent foundation;

(3) Vacation timeshare developments that participate in the transfer of development rights program;

(4) Adult day care facilities serving more than six adults;

(5) Child care centers serving more than six children;

(6) Congregate living health facilities of more than six beds; and

(7) Residential care facilities for the elderly serving more than six persons.

(`64 Code, Sec. 37-2.5.3)

(D) Property development standards -

(1) Maximum building height: three stories, not to exceed 35 feet.

(2) Minimum lot area: 2,400 square feet per dwelling unit. No more than two units on lots having an average width of less than 60 feet. No more than one unit on lots having an average width of less than 40 feet. Lots of record prior to May 21,1981, which have a minimum of 4,800 square feet may contain three dwelling units, provided minimum width is met.

(3) Minimum lot width: 60 feet.

(4) Interior yard space: 25% of lot area; minimum dimension of 15 feet.

(5) Front yard setback: 20 feet; 15 feet if all vehicle access is off alley.

(6) Rear yard setback: 25 feet.

(7) Side yard setback:

(a) Interior and street side yard: five feet for one- and two-story structures; 10 feet for three-story structures.

(b) Reverse corner side yards: 1/2 of front yard of abutting lot, not to be less than 10 feet.

(`64 Code, Sec. 37-2.5.4)

(E) Special requirements - 25% of required interior yard space may be on building decks having a minimum dimension of 10 feet and a minimum area of 200 square feet.

(`64 Code, Sec. 37-2.5.5)

(F) Applicable provisions - All uses shall be subject to the applicable standards of this chapter, including standards contained in the following sections:

(1) Section 17-5, General requirements;

(2) Article III, Specific Coastal Development and Resource Standards;

(3) Article IV, General Coastal Development and Resource Standards; and

(4) Article V, Administration.

(`64 Code, Sec. 37-2.5.6)

(Ord. No. 2034, 2122, 2145, 2671, 2716, 2970, 2986)

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