Davis City Zoning Code
ARTICLE 40
01 IN GENERAL
§ 40.01.010 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
Land having a common property line or zoning district line or separated only by a private street, alley or easement.
A structure detached from a primary building located on the same lot and incidental to and subordinate to the principal building or use, including, but not limited to, garages, carports, storage sheds, gazebos, and guest houses. An accessory dwelling unit is not an accessory building or structure and is subject to separate regulations found in Sections 40.26.450 and 40.26.460.
has the meaning set forth in Government Code Section 65852.2 and means an attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit includes the following: an efficiency unit, as defined in Health and Safety Code Section 17958.1, and a manufactured home, as defined in Health and Safety Code Section 18007.
has the meaning set forth in Government Code Section 65852.22 and means a residential dwelling unit that is no more than five hundred square feet in size and is contained entirely within a single-family residence, which does not include the garage. A JADU shall include an efficiency kitchen, and may include separate bathroom facilities or share bathroom facilities with the single-family residence.
A use subordinate to the principal use on the same lot and serving a purpose customarily incidental to the principal use.
An office which has as its main function the arrangement of business transactions, the holding of sales meetings and administrative conferences, the receiving of client payments and the keeping of records and accounts pertaining to the particular business.
Any person who can show certified written proof that he is acting for the property owner.
The use of the land for agricultural purposes, including farming, dairying, pasturage, horticulture, floriculture, viticulture, apiaries, animal and poultry husbandry and the necessary accessory uses for storing produce; provided, that the operation of any such accessory use shall be secondary to that of normal agricultural activities; and provided further, that the above uses shall not include stockyards or the commercial feeding of garbage or offal to swine or other animals.
A public or private way not more than thirty feet wide affording only secondary means of access to abutting property.
As defined in Article 40.29.030.
A detached or attached archway or bower, not fully enclosed on the sides, intended for the use of supporting vines or climbing plants and/or for architectural interest.
A continuous area or covered passageway at ground level opening to a street or plaza. It may be lined with shops or other buildings, providing such adjacent buildings meet all fire codes. Such space may provide access between the street and mid-block pedestrian passageways. It should be unobstructed to a height not less than twelve feet, and accessible to the public at all times. Any portion of an arcade occupied by building columns, landscapings, or art works shall be considered to be part of the arcade for purposes of computing floor area ratio bonuses.
The main facade of the building is at or near the front building site line and the arcade element, including habitable spaces, overlaps a sidewalk not in the right-of-way.
Exterior building elements intended to provide ornamentation to the building massing, including, but not limited to: eaves, cornices, bay windows, window and door surrounds, light fixtures, canopies, and balconies.
An outdoor area attached to a dwelling, enclosed on all sides by walls and open to the sky.
An ADU that shares at least one common wall with the primary dwelling.
That part of a building that is immediately below and wholly or partly within the roof framing, as depicted in Figure 1 of Ordinance 1786, on file in the city clerk's office. When an attic is converted into a dwelling space, it shall be counted as a story.
General repair, rebuilding or reconditioning of engines, motor vehicles or trailers, collision service including body, frame or fender straightening or repair, overall painting or paint shop.
Upholstering, replacement of parts and motor service to passenger cars and trucks not exceeding one and one-half tons capacity, but not including any operation named under "automobile repair, major," or any other similar thereto.
A place which provides for the servicing, washing and fueling of operating motor vehicles, including minor repairs and the sale of merchandise and supplies incidental thereto; provided, that the washing to automobiles shall be permitted only when no conveyor, blower or steam cleaning device is involved.
An open area, other than a street, used for display, sale or rental of new or used motor vehicles or trailers and where no repair work is done.
The dismantling or disassembling of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.
A platform, enclosed by a parapet or a railing, projecting from an exterior wall of a building.
A space having a floor-to-ceiling height of less than or equal to eight feet with four or more feet of its floor-to-ceiling height below natural grade, excluding height and area for raised floor construction. Any basement/cellar with more than four feet of its floor-to-ceiling height above natural grade shall be counted as a story. See Figure 2 of Ordinance 1786, on file in the city clerk's office, for drawing.
A window that projects from the building facade or elevation that begins on the ground floor and can extend to upper floors.
Any room in a dwelling unit used or intended or designed to be used for sleeping purposes with no less than seventy square feet of floor area and no dimension less than seven feet other than bathroom(s), kitchen, living, dining, family or any other room that meets the definition of a den.
The incorporation of labor and material within the foundation of the building or buildings.
A sign or sign structure not devoted to the use of property, any structure or portion thereof situated on private premises, on which lettered, figured or pictorial matter is displayed for advertising purposes, other than the name and occupation of the user of the premises or the nature of the business conducted thereon or the products primarily sold or manufactured thereon, or any structure or portion thereof the area of which is devoted to any advertising purpose. This definition shall not be held to include any board, sign or surface used to display any official notices issued by any court or public office, or posted by a public officer in the performance of a public duty, or bulletin boards used to display announcement of meetings to be held on premises wherein such bulletin boards are permitted and located, nor shall it be held to include a real estate sign advertising for sale or rent the property upon which it stands, nor shall it include temporary "open house" real estate signs placed on private premises in compliance with this chapter.
A building, structure or portion thereof in which is located one or more tables designed or used for play of the game of billiards, pool, snooker, bumper pool or similar games. The term billiards/pool hall shall not include any residential dwelling unit which contains a table for the play of billiards, pool, snooker, bumper pool or similar games, and apartment complexes and/or mobile home parks which have such games in their recreation room, and for which no pecuniary compensation is required or given for such play, or youth serving agencies or facilities that offer billiards/pool as a form of recreation without charge and under supervision.
The aggregate of all the building facades on one side of a block. The block face provides the context for establishing architectural harmony.
A building that is individually as large as a block or individual buildings collectively arranged along a street to form a continuous facade as long as most or all of a block.
The horizontal distance measured from one end of the block to the other end along the same street.
The aggregate of all sides of a block measured along the adjacent streets.
The board of zoning adjustments of the city.
A commercial residential use of a dwelling unit based on an agreed payment of a fixed amount of money, or money's worth, in exchange for residential use for a fixed period of time.
A sheltered or covered walkway or path, intended to provide shade and/or protection from inclement weather, which is not enclosed on the sides except for any required roof supports. A patio or similar structure shall not be considered a breezeway. For the purposes of this section, the primary function of a breezeway is to allow circulation from one structure (accessory or primary) to another.
The area in which a building is permitted to be constructed.
Any structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals or property. When such a structure is divided into separate parts by one or more unpierced walls extending from the ground up, each part is deemed a separate building, except as regards minimum sideyard requirements as provided in this chapter. Building shall include structure.
The exterior wall of a building not adjacent to a street, the front or side along a private street, or civic space.
A point of pedestrian ingress and egress to the front of a building along the sidewalk of the street immediately adjacent to the building.
The overall shape and dimensions of a building.
The length of the building site line of any one premises parallel to and along each street and/or open space which it borders.
The vertical distance from the average contact ground level at the front wall of the building to the highest point of the structure, excluding vents and fireplaces.
A line parallel to the front line and the street lot line, and at a distance therefrom equal to the required depths of front and street side yards, and extending across the full widths of these yards.
A building in which is conducted the principal use of the lot on which it is situated.
Same as building line.
The individual site area required to place one building in compliance with the required setbacks. One lot or parcel may accommodate more than one building site.
The horizontal distance between the front site line and rear site line of a site measured perpendicular to the front site line.
The perimeter and geometry of a parcel of property demarcating one building site from another.
One of the following:
The frontage line in the case of a building site having a single frontage line;
The shortest frontage line in the case of a corner building site with two frontage lines, neither of which are adjacent to a thoroughfare;
The frontage line generally perceived to be the front building site line in the case of a corner building site with three or more frontage lines, none of which are adjacent to a thoroughfare;
The frontage line adjacent to a thoroughfare in the case of a corner building site with two or more frontage lines, one of which is adjacent to a thoroughfare; or
The frontage line adjacent to the front building site line of an adjacent building site in the case of a through site.
The building site line opposite the front building site line.
Site lines connecting the front and rear site lines.
The horizontal distance between the building site lines measured parallel to the front site line.
A structure defined by its combination of configuration, disposition and function.
As defined in Chapter 8A of the City of Davis Municipal Code.
A covered automobile parking space not completely enclosed by walls or doors. A carport shall be subject to all of the regulations prescribed in this chapter for a private garage.
A parking space required to be dedicated for current or future use by a carshare service through a deed restriction, condition of approval, or license agreement. Such deed restriction, condition of approval, or license agreement shall grant priority use to any carshare service that can make use of the space, although such spaces may be occupied by other vehicles so long as no carshare organization can make use of the dedicated carshare space(s).
A service that provides a network of motor vehicles available to rent by members by reservation on an hourly basis, or in smaller intervals.
The height from finished floor to finished ceiling of primary rooms on the ground floor, not including secondary rooms such as bathrooms, closets, utility rooms, and storage spaces.
The height from finished floor to finished ceiling of primary rooms on the floor(s) above the ground floor, not including secondary rooms such as bathrooms, closets, utility rooms, and storage spaces.
Concentration of ground floor retail, restaurants, and services, with additional offices and housing located above, within a walkable urban context.
That line designated as such in any street in the city engineer's records, or so designated by the city engineer.
An external wall of a building joining two perpendicular exterior walls, typically at a symmetrical, forty-five-degree angle creating a beveled edge to the building rather than a ninety-degree corner.
A term defining not-for-profit organizations that are dedicated to arts, culture, education, religious activities, recreation, government, transit, and public parking facilities.
A structure operated by governmental or not-for-profit organizations and limited to civic and related uses.
Land that is improved for civic gathering purposes and is located solely in the Downtown Specific Plan Area (being all the land within the plan area boundary shown on Exhibit A of Ordinance 2637). These spaces are publicly-owned and used by the public and non-profits for community events or for outdoor dining by restaurants or bars that are authorized under the City's Downtown Outdoor Dining Program. Civic spaces typically include characteristics of a public realm throughfare and open space areas. They are designated as a both a park and open space in the Downtown Specific Plan Area (being all the land within the plan area boundary shown on Exhibit A of Ordinance 2637).
An association of persons for some common non-profit purpose, but not including groups organized primarily to render a service which is customarily carried on as a business. Includes social organizations, lodges and fraternal organizations where the associated building or use is not for residence purposes.
As defined in Section 40.29.030.
A district within which certain regulations and requirements apply in addition to, and are combined with, regulations and requirements of another district.
A term defining service and retail uses collectively.
Any residential use in which a lessor or proprietor receives payment in any form of exchange for the use of any residential dwelling, including any single-family residence, or part thereof, any boarding house, or lodging house.
The planning commission of the city.
A portion of a development held in common and/or single ownership and not reserved for the exclusive use or benefit of an individual tenant or owner and is available for use by all persons who reside or work in the building or on the design site.
Alteration of the use of an existing structure while retaining without substantial alteration the exterior portion of the structure. A change of the architectural style or scale of the structure shall be deemed to be a substantial alteration.
A housing development in which the residents do not hold title to individual units within the housing development, but instead have title to a share in the development as a whole. Cooperative housing includes stock cooperatives as well as community based mutual housing associations, limited equity housing cooperatives, and resident controlled non-profit housing corporations, as defined in Section 18.05.020 of the Municipal Code.
A physical distinction in a building at the corner of two streets or a street and public space. The physical distinction is from the ground floor through the top of the facade.
An entrance located on the corner of a building.
A group of small, detached structures, providing multiple units arranged to define a shared court that is typically perpendicular to the street.
An enterprise at a private home where low-risk food products are prepared or packaged for sale to consumers, as defined in Section 113758 of the Health and Safety Code. Low-risk foods are defined as "non-potentially hazardous" in that they do not require refrigeration to keep them safe from bacterial growth that could make people sick. A list of approved cottage food categories is maintained on the California Department of Public Health's website.
An open, unoccupied and unobstructed space, other than a yard, on the same lot with a building or group of buildings.
An unroofed area that is completely or partially enclosed by walls or buildings on at least two sides and often shared by multiple residential units or commercial suites.
A building comprised of one to three structures typically detached but may be attached that contain multiple attached and/or stacked units, accessed from one or more shared courtyards.
A facilitated environment which may contain shared facilities such as conference rooms, reception services, phones, and other business amenities. Work spaces are used by a recognized membership who share the site in order to interact and collaborate with each other as part of a community and to reduce duplicated costs by sharing facilities. The uses shall have externally observable attributes similar to uses permitted in the zone in which that they are located. Equipment is limited to those which do not generate noise or pollutants in excess of what is customary within a typical office environment. Such space located in a research and development building may use equipment consistent with research and development uses. Co-working space may be interchangeably referred to as "incubator space."
A shallow unfinished uninhabitable space beneath the floor or under the roof of a building, that provides access to utility, structural, and other building components not readily accessible from the habitable portions of the building.
A public, private, or semi-private residential environment whose physical characteristics—building layout and site plan—function to allow inhabitants themselves to become key agents in ensuring their security.
A room which is open (has no door and has one wall that is at least fifty percent open to the interior portion of the dwelling) on at least one side, does not contain a wardrobe, closet or similar facility, and which is not designed or used for sleeping purposes.
A store or group of shops under unified management selling a variety of merchandise goods, normally including clothing, appliances, hardware, furniture and the like.
The distance from the street-facing facade to the rear interior wall of the ground-floor space available to an allowed use.
The relationship of the depth of a space measured perpendicular to a building divided by the average height of the surrounding buildings.
An ADU that is constructed as a separate structure from an existing or proposed single-family dwelling or multifamily dwelling. An accessory dwelling unit attached to the primary structure via a roof, breezeway, trellis, or covered walkway shall be considered a detached ADU.
A small- to medium-sized detached structure with one unit and private open space.
The city staff person occupying the department head position, who is assigned by the city manager to enforce the provisions of Article 40, Zoning Ordinance, regardless of their actual title.
A general merchandise store with more than twenty percent of the gross floor area dedicated to non-taxable and/or grocery sales.
Composed in a formal arrangement, in a regular, classical, and typically symmetrical manner.
Composed in an informal character with a mix of formal and natural characteristics.
The horizontal distance measured parallel to the facade between entrances to a building or buildings.
The shortest horizontal distance measured between the vertical walls of two residential structures as herein defined perpendicular to an axis, all points along which are midway between the walls. Locations of point of measurement are subject to the exceptions and modifications in this chapter.
A portion of the territory of the city within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this chapter.
The main facade of the building is set back from the front building site line, which is defined by a low wall, hedge, or other allowed screening, creating a small dooryard.
An establishment designed and built in such a way that patrons can be served while remaining in their automobiles.
A private vehicular access, the use of which is limited to persons residing, employed, or otherwise using or visiting the premises on which it is located, and which complies with the surfacing (Section 40.25.100(c)), parking space size and access (Sections 40.25.070(e) and (f)), and off-street parking (Section 40.25.080) requirements for single-family and duplex dwellings, of this chapter.
An area devoted to the disposal of refuse, including incineration, reduction or dumping of ashes, garbage, combustible or noncombustible refuse, offal or dead animals.
Any building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons, but not including a tent, cabin, trailer or mobile home.
A building or portion thereof designed for or used by three or more families or housekeeping units.
A building designed or used exclusively for residence purposes by one family or housekeeping unit.
A single-family dwelling that does not share any walls or structural elements with another dwelling.
A single-family dwelling that shares one or more common walls with an adjacent dwelling, but is located on a separate lot.
One building designed for or used exclusively as dwelling units for two families living separate from each other constructed on one lot.
One or more habitable rooms which are occupied or intended or designed for human occupancy with facilities for living, sleeping, cooking and eating.
has the meaning set forth in Section 17958.1 of the Health and Safety Code, and may be permitted for occupancy by no more than two persons. The efficiency unit shall have a minimum floor area of two hundred twenty square feet and shall have a bathroom facility and a partial kitchen or kitchenette.
A ground floor situated above the grade plane of the adjacent sidewalk.
Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.
Any architectural feature, structure, or structural element, such as a gallery, fence, garden wall, porch, stoop, balcony, oriel window, bay window, terrace or deck, that breaks the plane of a vertical or horizontal regulatory limit extending into a setback, or beyond the build-to line into the public frontage, or above a height limit.
An opening, such as a door, passage, or gate, that allows access to a building.
The opening that allows access to a building directly from the sidewalk along the front facade.
An entrance located toward or at the rear of the building intended for the delivery of goods and removal of refuse.
As defined in Section 40.29.030.
The erection, construction, alteration or maintenance by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such public Utilities or municipal or other governmental agencies or for the public health, safety or general welfare, but not including buildings.
See Building elevation/facade.
The area between the minimum and maximum setback lines along the front of a site and along the side street of a corner parcel where the building facade is required to be placed.
One or more individuals occupying a dwelling unit and living as a single household unit. Family shall include persons living together in a licensed residential facility, as that term is defined by California Health & Safety Code Section 1502(a)(1) serving six or fewer persons, excluding licensee, the members of licensee's family, and persons employed as facility staff who reside at the facility.
As defined in Section 40.29.030.
An artificially constructed barrier consisting of any permitted materials, intended to form an enclosure, mark a boundary, prevent intrusion, provide a screen, and including walls or like structures, but not a building wall.
Height difference between the finished floor on the ground floor and the adjacent sidewalk. In the case of a terrace frontage that serves as the public right-of-way, the floor finish level is the height of the walk above the adjacent street. Regulations for ground floor finish level for ground floor residential uses do not apply to ground floor lobbies and common areas in buildings.
A room or group of internally connected rooms designed to accommodate an evolution of use over time in response to an evolving market demand. Typically designed to accommodate future commercial uses, while accommodating less intense short-term uses, such as residential or live/work, until the commercial demand has been established.
A ratio between the area of permitted floor space in a structure in terms of its outside dimensions (gross floor area) and the area of the lot on which it is situated.
An area measurement in square feet of either the gross or the rentable floor area of a typical floor in a building.
The square footage area measurement of a floorplate dedicated to nonresidential uses.
The square footage area measurement of a floorplate dedicated to residential uses.
Food store, supermarket or neighborhood grocery store that is a retail establishment fifteen thousand to forty thousand square feet in size that offers household groceries and goods to meet the convenience shopping needs of the neighborhood. The groceries offered shall have a full line of perishables including fresh produce, meats, fish, and dairy products. The groceries shall also include frozen foods, canned foods, deli products, baked and/or prepared foods, beverages, and dry foods. Other household supplies or other products shall be secondary to the primary purpose of food sales. Food stores with warehouse format as opposed to typical grocery stores defined herein, do not qualify as food store or supermarket thus defined.
The outline of the area of ground covered by the foundations of a building or structure.
The main facade of the building is at or near the front building site line and a portion is set back, creating a small court, extending the public realm into the building site.
The residence of a private family in which one or more children under sixteen years of age are cared for as foster children under a license of the county welfare department, and a certificate of approval of the health department of the city or the county.
Groups of university students and alumni, and groups officially recognized by the university which have elected officers, which are self-governed, and which do not discriminate on the basis of race, religion or national origin. Such groups may maintain an off-campus living arrangement which allows them to share their values and traditions and to pursue common interests which enhance their educational experience. Such groups need not be affiliated with a Greek-letter organization.
A building rented, occupied or owned by a general or local chapter of some regularly organized college fraternity or sorority or by or on its behalf by a building corporation or association composed of members of alumni thereof, and occupied by members of the local chapter of such fraternity or sorority as a place of residence.
A wall that is separate from a building and supported by independent means.
See Building site line, front.
All the property fronting on one side of the street between intersecting or intercepting streets, or between a street and a waterway, end of dead-end street or political subdivision boundary, measured along the street line. An intercepting street shall determine only the length of the frontage on side of the street which it intercepts.
The area between the building facade and the back of the sidewalk abutting a street or public open space.
The area between the on-street parking and the back of the sidewalk.
Physical element(s) configured to connect the building facade to the back of the sidewalk abutting a street or public open space.
A vertical wall in the shape of a triangle formed between the cornice or eave and the ridge of the roof.
The main facade of the building is at or near the front building site line and the gallery element overlaps a sidewalk not in the right-of-way.
A building used for the parking of more than five automobiles, whether free, for compensation or as an accommodation.
A detached accessory building or a portion of a principal building used only for the storage of passenger vehicles or trailers by the families resident upon the premises; provided, that not more than one-half of the space may be rented for the private passenger vehicles of persons not resident on the premises; except, that all of the space in a garage of one- or two-car capacity may be so rented; and provided, that, except on farms, such garage shall not be used for the storage of more than one commercial vehicle of greater than one-and-one-half-ton rated capacity per family resident upon the premises.
A structure or portion thereof, other than a private garage, used for the storage, sale, care, repair or refinishing of self-propelled vehicles or trailers.
A garage, patio or yard sale shall mean a sale in any kind of residential zone of personal property accumulated during the course of ordinary residential living by selling the same to the public. Premises of churches, charitable organizations, schools and other nonprofit organizations are not residences as defined herein and expressly are not subject to the restrictions applicable to a garage, patio or yard sale defined herein.
A free standing structure, with a solid or trellis roof, usually open on the sides, used for outdoor living and not for storage purposes.
A store that offers centralized cashiering, and a wide range of products, normally including clothing, small appliances, electronics, home furnishings, linens, housewares, toys, sporting equipment, garden supplies and the like, where less than twenty percent of the gross floor area is dedicated to non-taxable and/or grocery sales.
Openings in a building in which glass is installed.
A document which identifies acceptable standards of conduct for living groups in the City of Davis as they relate to adjacent property owners and the community.
The total floor area inside the building envelope, including the external walls, but not including the roof.
The floor of a building located nearest to the level of the ground around the building.
The percentage of the total lot area that is covered by structures as herein defined.
Height is determined in three ways:
Number of Stories. The number of stories in a structure allowed above grade. See Stories.
Overall Height. The vertical distance between grade and the highest part of the structure directly above.
Highest Top Plate. The vertical distance between grade and the highest top plate of the building.
As measured vertically from grade, the highest continuous beam on top of the walls that supports the roof structure by carrying the vertical forces from the rafters to the wall studs.
A residential care facility licensed or supervised by any federal, state, or local agency which provides housing and nonmedical care for children, elderly persons, or physically and mentally handicapped persons in a family-like environment. Group care homes includes the following:
An intermediate care facility, developmentally disabled habilitative and intermediate care facility/developmentally disabled-nursing or a congregate living facility as identified in State of California Health and Safety Code Section 1267.8;
A community care facility as identified in State of California Health and Safety Code Section 1566.3;
A residential care facility for the elderly as identified in State of California Health and Safety Code Section 1569.85;
An alcoholism or drug abuse recovery or treatment facility as identified in State of California Health and Safety Code Section 11834.02;
A home for the care of mentally disordered or otherwise handicapped persons as identified in State of California Welfare and Institutions Code Section 5116;
A home for the care of dependent and neglected children as identified in the State of California Welfare and Institutions Code Section 300, but not including wards of the court as identified in the State of California Welfare and Institutions Code Section 601ff.
Group care home does not include homeless shelters, half-way houses for parolees or convicted persons, or living groups as defined in this chapter. |
Living quarters or conditioned space within an accessory building for the use of persons living or employed on the premises, or for temporary use by guests of the occupants of the premises. Such quarters may have bathroom facilities (toilet, sink, tub/shower) and shall have no kitchen facilities. Such quarters shall not be rented or otherwise be used as a separate dwelling. A pool house, workshop, home office or studio is also considered a guest house.
A home occupation is an accessory use of a residential dwelling unit which shall be conducted entirely within the dwelling. It shall be conducted by the inhabitants of the dwelling, and one nonfamilial employee, if desired. A home occupation shall be clearly incidental and secondary to the primary use of the residential dwelling, shall not change the character thereof or adversely affect the uses permitted in the residential district of which it is a part, shall create no additional traffic or require additional parking space, and shall not have outdoor storage of materials, equipment or supplies visible from outside the premises other than materials, equipment and supplies necessary for domestic purposes.
A facility containing guest rooms or suites, used by guests on a transient occupancy basis, less than thirty days. Also includes guest amenities such as swimming pools, gyms, restaurants, bars, meetings rooms, etc.
A building that is the size of a small-to-large house and detached from other buildings, typically ranging from twenty feet to as large as eighty feet overall, including secondary wings.
The product of any modification to a site structure or building.
Additional development upon a lot having at least one pre-existing structure. Such additions may be independent structures or attached to the existing structure, and should not be dependent upon the main structure for functional needs, such as bathrooms, kitchens, etc.
A place where waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled or handled, including automobiles and vehicle wrecking yards, house wrecking yards, used lumberyards and places or yards for storage of salvaged materials and equipment, but not including such places where such uses are conducted entirely within a completely enclosed building, and not including pawnshops and establishments which offer for sale, purchase or storage of used furniture and household equipment when conducted entirely within a completely enclosed building, sale or used cars in operable condition or salvaged materials incidental to manufacturing operations.
Any premises, except where accessory to an agricultural use, where five or more dogs, ten weeks in age or older, are kept.
A room, space or area equipped with cabinets and countertops for the preparation and cooking of food. Equipment shall include one from each category below:
A level area at the top or bottom of a staircase or between one flight of stairs and another.
Vegetation and related elements including, but not limited to, inorganic groundcover, organic groundcover, understory, ornamental plants, and shade trees compliant with the California Model Water Efficient Landscape Ordinance (MWELO) standards and the Climate Ready Tree List.
As defined in Section 40.29.030.
Organized living groups are organizations, clubs or associations (such as fraternities, sororities or co-operatives) that include as a principal purpose the sharing of a residence by members. A residential facility may be considered an official headquarters for an organized living group when it is used as a residence for four or more members, and one of the following:
A unit that combines and accommodate both residential and the place of business for the resident(s) of the unit. Typically characterized with having the "work" function at the ground level and the "live" function on upper levels with an interior connection between the two uses. Live/work differs from home occupations in that the "work" component of the live/work occupancy may:
Include employment of persons not living in the residential portion;
Exclusively occupy part or all of the floor area of a unit;
Have a separate designated access or private entrance specifically for the business use;
Include alterations or features not customarily found in residential dwellings units;
Have window displays;
Have limited signage on the premises; and
Include food handling, processing, or packing.
A platform where cargo from vehicles can be loaded or unloaded.
A person who is provided with sleeping quarters, for compensation, on not less than a weekly basis.
Any commercial residential use with more than five adult residents.
A piece or parcel of ground occupied or intended to be occupied by a principal building or a group of such buildings and accessory buildings., or utilized for a principal use and uses accessory thereto, together with such open spaces as required by this chapter, and having frontage on an improved and accepted public street which meets the standards of width and improvements specified by the city for the street in question.
The total computed horizontal area contained within the lot lines or boundary lines of a lot.
A lot situated at the intersection or interception of two or more streets, which streets have an angle of intersection or interception of not more than one hundred thirty-five degrees.
The percentage of the total lot area that is covered by structure as herein defined. For the purposes of lot coverage, structures are anything constructed, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground. For the purposes of lot coverage, "structures" include buildings and accessory structures, storage sheds, patio covers and gazebos with solid roofs, and decks which are thirty inches or more above grade (as defined in the building code). For the purposes of lot coverage, "structures" shall not include architectural features (including cornices, canopies, and eaves) supported from the structures; trellis and arbors which do not have solid roofs and/or solid sides; and decks which are less than thirty inches above grade.
Lot coverage calculation shall be based on the lot area.
The distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear. The minimum length of side lot line shall be ninety feet.
A lot other than a corner lot or reversed corner lot.
The first lot to the rear of a reversed corner lot whether or not separated by an alley.
The property line bounding the lot.
In the case of an interior lot, a line separating the lot from the street right-of-way. In the case of a corner lot, the owner may choose which street he or she shall designate as the front of the lot. Once the choice of frontage has been made, it cannot be changed unless all requirements for yard space are met.
A lot line which is opposite and most distant from the front lot line, except in the case of an irregular, triangular or gore shaped lot, a line ten feet in length within the lot, parallel to and at the maximum distance from the front lot line. In no case shall any of the rear part of the structure be closer than ten feet to any property line.
Any lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a side street lot line.
A lot line separating the lot from a street or alley.
A corner lot, the side street line of which is substantially a continuation of the front lot line of the lot upon which the rear of the corner lot abuts.
The mean width of the lot measured at right angles to its depth.
A housing first, low barrier, service- enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.
The primary massing of a main building.
The building that serves as the focal point for all activities related to the principal use of the site.
The front facade of a building.
A small-to-large-sized structure, typically attached, but may be detached, intended to provide a vertical mix of uses with ground-floor retail or service uses and upper-floor service or residential uses.
Having a greater size, scope, effect, characteristic or quality relative to the other corresponding sizes, scopes, effects, characteristics or qualities; or being the greater of two or more.
Any structure transportable in one or more sections, which, in the traveling mode is eight body feet or more in width, or forty body feet or more in length, or, when erected on-site, is three hundred twenty or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirement and with respect to which the manufacturer voluntarily files a certification and complies with the standards established in this part. Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C. Section 5401, et seq.).
The overall shape or arrangement of the bulk or volume of a building.
An establishment where patients are admitted for study and treatment by two or more licensed physicians and their professional associates, practicing medicine together.
Having a lesser size, scope, effect, characteristic or quality relative to the average size, scope, effect, characteristic or qualities; or being the lesser of two or more.
Residential uses combined with either or both commercial or office uses.
Any standard make of trailer constructed and equipped in such a manner as to permit permanent occupancy thereof as living quarters for a family unit. In general, any trailer over twenty-five feet in length may be considered a mobile home; provided, that such trailer complies with all applicable laws and regulations controlling the design, construction, equipment or occupancy thereto. Mobile homes are considered structures for the purpose of this chapter when they are parked in a mobile home park. Small mobile homes or trailers are defined as being five hundred square feet or less in size, average mobile homes or trailers as being five hundred one to one thousand square feet in size, and large mobile homes or trailers as being more than one thousand square feet in size.
A mobile recycling unit means an automobile, truck, trailer or van, licensed by the Department of Motor Vehicles which is used for the collection of recyclable materials. A mobile recycling unit also means the bins, boxes or containers transported by trucks, vans, or trailers, and used for the collection of recyclable materials.
As defined in Section 40.29.030.
As defined in Section 40.29.030.
A building or group of buildings comprising individual sleeping or living units for accommodation of transient guests.
A medium-to-large-sized structure that consists of seven to eighteen side-by-side and/or stacked dwellings, typically with one shared entry.
A medium-sized structure that consists of three to six side-by-side and/or stacked dwellings, typically with one shared entry or individual entries along the front.
The level of ground surface of a lot, excluding drainage swale, at all perimeter lot lines before excavation, fill, grading or any other work is conducted on the site other than that done when creating a subdivision.
The nearby area of a neighborhood shopping center, the outer limits to extend approximately one-half the distance between the neighborhood shopping center and adjacent neighborhood shopping centers as indicated on the master plan of the city.
A walkable urban environment that provides a concentrated mix of civic, institutional and/or commercial uses.
The average number of families living on one acre of land in a given area. Net residential density is determined by dividing the total number of families in a defined area by the total acreage which is the summation of areas of all parcels of land within the area that are used for residential purposes.
A building, structure or premises legally existing or used at the time of adoption of this chapter, or any amendment thereto, and which does not conform with the use of regulations of the district in which located.
As defined in Section 40.29.030.
Includes either:
A corporation registered under California law according to Part 1, Division 2, Title 1, California Corporations Code and generally described as follows:
A corporation formed of three or more persons for any lawful purpose which do not contemplate distribution of gains, profits, or dividends to the members thereof and for which individuals lawfully may associate themselves, such as religious, charitable, social, educational or cemetery purposes, or for rendering services. Carrying on business at a profit as an incident to the main purpose of the corporation is not forbidden, but no distribution of gains, profits or dividends shall occur except upon dissolution (California Corporations Code Section 9200 et seq.); or |
An unincorporated association of natural persons for religious, scientific, social, literary, educational, recreational, benevolent, or other purpose not that of pecuniary profit.
Non-employee, non-traffic-generating uses that are not easily convertible to employee-generating uses such as exterior covered walkways, lobby atrium, large cafeteria and employee lounge areas, employee fitness areas, and laboratories.
A portion of a development held in common and/or single ownership and not reserved for the exclusive use or benefit of an individual tenant or owner and is available for use by all occupants of the building.
An outdoor area dedicated for public gathering and civic activities.
A window that projects from the building facade or elevation, located on upper floors and may extend for multiple stories.
Any card, paper, cloth, metal, glass, wooden or other display or device of any kind or character whatsoever placed on the exterior surface of, or outside of, a structure so as to be read or perceived from any public right-of-way or from any public area. Interior signs, if located on a window or if apparently intended for viewing from the exterior and exterior service station signs, shall be considered outdoor advertising, unless the message is not readable or clearly perceptible from the far side of the adjoining street or a distance of fifty feet, whichever is less. In the event of a dispute as to the applicability of this provision to any interior signs, the decision of the community development and sustainability department staff as to whether a message is readable or clearly perceptible from the far side of the adjoining street or a distance of fifty feet shall be final unless appealed.
A structure of any kind or character erected or maintained for outdoor advertising purposes, upon which any outdoor advertising display may be placed.
Use of an adjacent, outside area by a food or beverage establishment for the same eating and drinking activities that occur within the establishment.
Doors constructed in horizontally hinged sections that are equipped with hardware that rolls the sections into an overhead position, clear of the opening.
A wall along the edge of a roof or the portion of a wall that extends above the roof line.
An open area for the same uses as a private garage.
An open area, other than a street or other public way, used for the parking of automobiles and available to the public whether for a fee, free or as an accommodation for clients or customers.
A legally constituted parking assessment district under the various special assessment of parking district acts as authorized under the Codes of the state.
The horizontal measurement of an access driveway to a parking area, measured perpendicular to the direction of travel.
An area accessible to vehicles, either within a structure or in the open, surfaced with asphalt, concrete, grasscrete, compacted gravel or other surface approved by the director, and may include driveways.
A sidewalk extension that provides more space and amenities for pedestrians to utilize the street. Usually, parklets are installed on parking lanes and use several parking spaces and may include a small seating area, sidewalk extension, or green space created as a public amenity intended for people to stop, sit, and rest or dine. Parklets located in the Downtown Specific Plan Area (being all the land within the plan area boundary shown on Exhibit A of Ordinance 2637) are civic spaces. Parklets can also be constructed for exclusive, private use. Parklets are a type of pocket park if they are publicly accessible.
General commercial businesses that allow customers to park once and complete multiple transactions and visits on foot in a context that encourages people to walk instead of drive.
Regulations for the control of "dangerous or objectionable elements" as defined in Section 40.24.020.
A landscaped or grassy area located between a street and a sidewalk.
Structure with no electrical or plumbing connections that is enclosed (either with solid material, screening, cloth, or other material) on the three or more sides for the use of children's play. Such structure shall not be used for storage.
Jungle gym, swing set, slide, platform, or other similar unenclosed structure or device intended for the use of children's play.
A public open space at ground level wholly or partly enclosed by a building or buildings. It is continuously accessible to the public and has openings to the sky.
A continuous projecting base or pedestal under a building often occupied by parking.
A flat, elevated and open area above a podium that can be used as common area.
A portion of the main facade of the building is set back from the front building site line to include a porch that projects from the facade that is set back.
The main facade of the building is set back from the front building site line with a porch encroaching into the front setback.
Any premises on which the primary use is the breeding, raising or maintaining of poultry for sale of eggs or poultry or where the primary income from the premises is derived from the aforesaid occupation.
Retaining without substantial alteration the use and the exterior portion of an existing structure. A change of the architectural style or scale of the structure or a change in the predominant use of the structure shall be deemed to be a substantial alteration.
Food and/or products made by hand in small batches that requires skills from a maker/master with a combination of science and art derived from experience.
An office from which and at which a doctor, lawyer, engineer, architect, accountant or similar professional persons may offer services.
One or more adjacent lots under common ownership.
A building, structure, or land area owned or operated by a government entity for the benefit of the public. This includes, but is not limited to, schools, libraries, parks, community centers, government offices, and utilities.
A use operated exclusively by a public body, having the purpose of serving the public health, safety or general welfare.
Opposite of front.
Sites that provide vehicular access from the rear of the site.
An entrance to a building that is set back from the facade of the building.
Any trailer, motor home, camper or similar vehicle designed and intended for sleeping, traveling and recreational purposes.
Recreation facilities operated as a business and open to the general public for a fee.
Clubs or recreation facilities, operated by a nonprofit organization and open only to bona fide members of such nonprofit organization.
The official City of Davis Zoning Map.
A business serving prepared food or beverages for consumption on or off the premises.
A restaurant that both:
Is required by contractual or other arrangements to maintain any of the following: substantially standardized menus, architecture, building appearance, signs, or similar standardized features; and
Has two or more of the following characteristics:
Food to be consumed on the premises is served with disposable tableware,
Food is not delivered to the table,
Orders are placed at a counter, and
Drive-through or walk-up windows.
Formula fast food restaurants shall not include ice cream shops, coffeehouses, bakeries, hot dog stands, or other businesses whose primary function is not the sale of full meals. |
Businesses that provide products and services (including restaurants) which are for sale to the general public.
A reverse vending machine is an automated mechanical device which accepts at least one or more types of empty beverage containers, including, but not limited to, aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value as determined by the state.
A reverse vending machine may sort and process containers mechanically; provided, that the entire process is enclosed within the machine. |
A temporary structure designed or used for the display or sale of agricultural products produced on the premises upon which such a stand is located.
A room, with or without a roof, limited in size that is located on the uppermost roof of a one or two-story main building to provide views across a neighborhood or the community. See Section 40.14.080.D (Rooftop room standards).
See Accessory dwelling unit.
A use operated by a private nonprofit educational, religious, recreational, charitable, fraternal or medical institution, association or organization, such use having the purpose primarily of serving the general public.
Building access for service providers.
Same as automobile service station or filling station.
The minimum clear distance between the back of sidewalk and the building facade.
The mandatory clear distance between a building site line and parking.
The minimum allowable horizontal distance from a given point or line of reference such as a street right-of-way to the nearest vertical wall or other element of a building or structure as defined herein.
Any parking spaces assigned to more than one user, where different persons utilizing the spaces are unlikely to need the spaces at the same time of day.
As defined in Section 40.29.030.
Structure designed and intended for the movement of materials over long distances, typically constructed of corrugated steel, and commonly associated with ship, train or tractor trailer shipping.
 Exhibit A: Examples of Typical Shipping Containers |
The main facade of the building is at or near the front building site line with at-grade entrance along the sidewalk.
A very low wall between the display window(s) of a shopfront and the ground. The shopfront base consists of many materials except glass.
The main facade of the building is at or near the front building site line with an at-grade or elevated entrance from the sidewalk.
A paved area along a street intended exclusively for pedestrian use and often installed between a street and building site frontages.
Any letters, figures, design, symbol, trademark, statuary or illuminating device intended to attract attention to any place, subject, person, firm, corporation, public performance, article, machine, price, service or merchandise whatsoever and painted, printed or constructed and displayed in any manner whatsoever for outdoor advertising purposes. This shall not include the flag, emblem, or insignia of a government, school or religious group when displayed for official purposes. "Sign" shall include distinctive architectural features of buildings, which because of recognition by the general public of such features, identify the product or services available therein. Cornerstones or tablets of bronze, brass or other noncombustible material, when built into or attached to the wall of a building or structure, which states only the name of the building or structure, its use, the date of erection, names of owner, architect, public officials, or which gives information commemorating a person or event, shall not be considered a sign. Street number signs, if not larger than required to be clearly perceptible from opposite side of the street, shall not be considered as signs. Signs required to be displayed pursuant to federal or state law shall not be considered as signs.
The total exterior surface shall be computed in square feet when there is a distance between sign faces exceeding eighteen inches. In computing the area of double-faced signs less than eighteen inches distant between faces only one side of the sign shall be computed as the total area. The area of signs shall be determined by the area of rectangles, triangles, circles, etc., or combination thereof, as necessary, to enclose the sign. The computation of maximum square footage requirements set forth for the applicable district shall apply to and include distinctive architectural features, as defined above.
A sign used to direct traffic movement, parking or other specific purpose.
A sign not attached to or inside of a building which may exceed the height of a low profile sign to the height limit allowed within the zoning district for signs.
A low profile sign shall mean a freestanding sign with a low height configuration not exceeding eight feet in height and incorporating a design and building material accentuating the architectural theme of the building or buildings on the premises. This sign shall not exceed twenty-five square feet in area for the message portion. Such sign shall not project over the right-of-way and must be set back five feet behind the setback line.
A sign displayed for short periods of time, generally not longer than one month.
A building containing dwellings and/or commercial suites without common hallways for access to the dwellings and/or suites.
A multi-unit housing project for a single person that typically consists of single rooms and shared bath, and may include a shared common kitchen and activity area. SROs may be restricted to seniors or be available to persons of all ages.
A hospital or boarding kennel facility, or both, available only for small animals, such as dogs, cats and other household pets, excluding any diagnosis or treatment on the premises of cattle, horses and commercial poultry, the entire facility to be completely enclosed within a building, except for the parking of automobiles.
A small recycling collection facility is a center for the acceptance by donation, redemption or purchase of recyclable materials from the public. Such a facility does not use power-driven processing equipment except as indicated in Section 40.24.110. A small recycling collection facility may include the following:
An uninhabitable accessory structure that is designed or intended to be used for storage. A small storage shed may not be used as habitable space and does not have a heat source, a restroom, sewer access, a permanent water supply, insulation, or drywall. Storage sheds may have one overhead light and one electrical outlet as permitted by the building division. If electricity is provided, a concrete pad or foundation shall be required.
Enclosure by, or coverage of, fifty percent or more. For the purposes of this definition, coverage or enclosure may be of any material, transparent or otherwise.
A stable with a capacity for not more than two horses, cows or similar animals and in which no animals are kept for hire or for sale.
Any section of a state highway which has been declared to be a freeway by resolution of the state highway commission pursuant to Section 100.3 of the Streets and Highways Code of the state.
The effect of integrating an element such as a cellular antenna into a building that results in the element being unobtrusive and not easily perceived from adjacent public sidewalks.
As defined in Section 40.29.030
The main facade of the building is near the front or side street building site line with an elevated stoop, leading to the sidewalk.
The portion of a shopfront frontage composed of the display window and/or entrance and its components, including windows, doors, transoms and sill pane.
That portion of a building included between the surface of any floor and the surface next above it, or, if there be no floor above it, then the space between the floor and the ceiling next above it.
The lowest story or the ground story of any building the floor of which is not more than twelve inches below the average contact ground level at the exterior walls of the building; except, that any basement or cellar used for residence purposes, other than for a janitor or caretaker or his or her family shall be deemed the first story.
A conditioned space that rests primarily underneath the slope of the roof, usually having dormer windows. A half-story is considered a story when its top wall plates, on at least two opposite exterior walls, are four feet or more above the floor of such story.
A story which covers one-third or less of the area of the story directly underneath it.
A public or approved private right-of-way which provides a means of access to abutting property.
Street located along the front building site line.
The length of the property line of any one premises parallel to and along the public right-of-way which it borders and which is identified by an officially assigned street address.
The boundary line between a street and the abutting property.
A street which is adjacent to a corner lot and which extends in the general direction of the line determining the depth of the lot.
A tree of any species or size planted in open spaces, parkways, sidewalk areas, easements, and streets.
Any change in the structural members of a building, such as walls, columns, beams or girders.
Anything constructed, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground.
The roof of a multiple unit structure used for recreational purposes.
Housing with no limit on length of stay, that is occupied by the target population and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.
A parking space deep enough to allow two cars to park, one behind the other.
As defined in Section 40.29.030.
As defined in Section 40.29.030.
As defined in Section 40.29.030.
The main facade is at or near the front or side street building site line with an elevated terrace providing public circulation along the facade.
Shall be the sum of usable open space, whether public, private or a combination, required for a development.
A structure designed primarily with a view to elevation and hence typically higher than its diameter or relatively high by its position. A tower may be isolated or appended to another structure. No space in a tower above the height limit of the zone in which it is located shall be allowed for the purpose of providing additional floor space.
A small-to-large-sized typically attached structure that consists of up to three or up to eight townhouses placed side by side.
Any vehicle constructed in such a manner as to permit temporary occupancy thereof as sleeping quarters, i.e., camp trailer, or the conduct of any business, trade or occupation, or use as a selling or advertising device, or use for storage or conveyance for tools, equipment or machinery, and so designed that it is mounted on wheels and may be used as a conveyance on highways and streets propelled or drawn by other motive power. Camp trailers are considered structures for the purposes of this chapter when they are parked in a trailer camp or park.
Any lot or part thereof, or any parcel of land, which is used or offered as a location for two or more camp trailers or mobile homes used for any of the residential purposes set forth under "Trailer, including camp trailer."
Transitional housing and transitional housing development mean rental housing operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months.
A site or structure used for the purpose of parking, loading and unloading freight and passengers from public transportation. May include parking facilities and other commercial amenities to service transit passengers.
A location where buses stop to load and unload passengers. A transit stop sometimes includes a shelter or a dedicated platform along the sidewalk.
Patio cover with an open roof (less than fifty percent coverage) which is not enclosed on the sides except for required roof supports.
The smaller trees and shrubs below the canopy of large trees.
See Dwelling unit.
A floor in a building containing habitable space that is located above the ground floor.
Areas in some form of cultivation such as row crops, orchards, or greenhouses that support nearby or on-site food establishment operations.
A civic space located solely in the Downtown Specific Plan Area (being all the land within the plan area boundary shown on Exhibit A of Ordinance 2637) that is publicly-owned and can used for outdoor dining by restaurants or bars that are authorized under the City's Downtown Outdoor Dining Program. Urban open space areas are separate and distinct from open space areas.
Outdoor area on the ground which is designed and used for outdoor living, recreation including swimming, utility space, pedestrian access or landscaping. Such areas shall be readily accessible to building occupants and shall be effectively separated from automobile circulation and parking. Such areas shall not include the required front yard, off-street parking space or driveways nor shall any such area have a dimension of less than twelve feet. Atria or courtyards may be credited as open space providing that the enclosed area is a minimum of twelve feet in both length and width. Balconies may be credited as open space providing they have a minimum dimension of five feet. Sun decks may be credited as open space up to a maximum of twenty-five percent in the R-3 districts and a maximum of fifty percent in the R-HD of the total open space requirement.
Usable open space calculation shall be based on the lot area.
Outdoor area on the ground level or above ground which is designed and used for recreation, outdoor living and enjoyment by residents. Such area shall be separated from public open space areas, and there shall be no vehicular or pedestrian circulation through such areas. The minimum dimensions of such areas shall be six feet. Front yards may be counted as usable open space if design permits.
Outdoor area on the ground level or above ground which is designed and used for public pedestrian access and enjoyment. Such areas shall be separated from private open space areas, and there shall be no vehicular circulation through such areas. The minimum width dimensions of such space shall be twelve feet at ground level where adjacent structures are up to two and one-half stories in height, and five feet additional width shall be required for each additional adjacent story height. The minimum width of open space above ground level shall be six feet. Minimum dimensions must be at least ten feet in length to be counted.
The purpose for which land, premises or structure thereon is designed, arranged, or intended, or for which it is or may be occupied or used.
Arranged, designed, constructed, altered, converted, rented, leased or intended to be used.
Any self-service or coin-operated box, container, rack, structure, storage unit or other device or dispenser installed, used, or maintained outdoors for the sale or distribution of newspapers, news periodicals, other publications/printed material, self-service delivery packaging, collection for delivery service, video or other rental collection, and similar items. Examples include, but are not limited to, newsracks, delivery service collection bins, delivery service mailboxes (except those operated by the United States Postal Service), video rental drop-off bins, etc.
An establishment for the care and treatment of animals, including household pets, livestock and commercial poultry. All facilities shall be within a completely enclosed building, except for exercising runs and the parking of automobiles.
The condition when an area is highly interconnected to other areas and appeals to pedestrians for recreational walking or for walking to work, transit, errands, shopping, or restaurants.
Areas that are pedestrian-oriented in nature, where bicycling and walking are viable, daily options because services, retail, or restaurants are within a short walking distance of most residences.
A wall or other solid structure necessary to provide support to a building and/or integral to the architecture, design, or construction of a building.
A vertical surface defined by the facades of buildings.
A horizontal projecting string-course of masonry, molding or a ledge placed so as to divert rainwater from a building.
An area or space equipped with cabinets and a sink and running water but without cooking facilities. A wet bar shall not include any of the following:
Wholesale shall mean the sale of goods, wares, merchandise or services for the purpose of resale and not to consumers or user thereof.
The ratio of the horizontal size of a space measured perpendicularly to the vertical height of a building.
A structure physically attached to, and secondary and incidental to, the main body of a building, smaller in footprint and height.
An open space extending the full width of the lot between a building and the front lot line, unoccupied and unobstructed from the ground upward, except as specified elsewhere in this chapter.
The shortest distance, measured horizontally, between any part of a building and the front lot line.
The front yard setback shall be measured from the front lot line.
An open space extending the full width of the lot between a building and the rear lot line, unoccupied and unobstructed from the ground upward, except as specified elsewhere in this chapter. Where a lot in any residential district abuts an alley the rear yard may be measured from the centerline of the alley rather than the rear lot line; provided, the director finds that any structure to be located in accordance with such measurement will not adversely affect the sunlight, air, open space, or solar access of adjacent properties; but in no case shall a rear setback line of less than five feet from the rear lot line be allowed unless specifically permitted otherwise.
The shortest distance, measured horizontally, between any part of a principal building, other than such parts hereinafter excepted, and the rear lot line.
An open space extending from the front yard to the rear yard between a building and the nearest side lot line, unoccupied and unobstructed from the ground upward, except as specified elsewhere in this chapter.
The shortest distance, measured horizontally, between any part of a building, other than such parts herein excepted, and the nearest side lot line.
The side or street side yard setback shall be measured from the side lot line.
The zoning map of the city, dated 1963, together with all amendments subsequently adopted.
A document issued by the director authorizing buildings, structures or uses consistent with the terms of this chapter and for the purpose of carrying out and enforcing its provisions.
(Ord. 296 §§ 2.1—2.114; Ord. 316 §§ 1, 2; Ord. 377 §§ 1—3; Ord. 421 § 2; Ord. 432 § 1; Ord. 455 § 1; Ord. 614 § 1; Ord. 781 § 1; Ord. 800 § 1; Ord. 862 § 1; Ord. 875 § 1; Ord. 921 § 1; Ord. 924 § 1; Ord. 946 § 1; Ord. 1002 § 1; Ord. 1013 § 1; Ord. 1068 § 1; Ord. 1080 § 1; Ord. 1123 § 1; Ord. 1190 § 1; Ord. 1357 §§ 2—4; Ord. 1377 § 2; Ord. 1419 § 2; Ord. 1420 § 1; Ord. 1450 § 1; Ord. 1718 § 1, 1993; Ord. 1737 §§ 1—3, 1994; Ord. 1739 § 1, 1994; Ord. 1783 § 2; Ord. 1786 § 1; Ord. 1787 § 1; Ord. 1788 § 1; Ord. 1802 §§ 1, 2; Ord. 1821 § 2, 1995; Ord. 1939 § 1, 1998; Ord. 1940 § 1; Ord. 1975 § 1, 1999; Ord. 2000 § 1, 1999; Ord. 2026 § 1, 2000; Ord. 2034 § 1, 2000; Ord. 2045 § 1, 2001; Ord. 2050 § 1, 2001; Ord. 2072 § 1, 2001; Ord. 2126 § 2, 2003; Ord. 2155 § 3, 2004; Ord. 2218 §§ 1, 2, 2005; Ord. 2259 § 1, 2006; Ord. 2358 § 1, 2010; Ord. 2359 § 10, 2010; Ord. 2390 § 2, 2012; Ord. 2407 § 2, 2013; Ord. 2413 § 1, 2013; Ord. 2445 § 2, 2015; Ord. 2467 § 2, 2016; Ord. 2514 § 4, 2017; Ord. 2553 § 2, 2019; Ord. 2572 §§ 2, 3, 2020; Ord. 2602 §§ 3—7, 2021; Ord. 2637, 1/17/2023; Ord. 2668, 11/12/2024; Ord. 2677, 11/4/2025)
§ 40.01.020 Purpose of chapter.
This chapter is hereby adopted as a precise and detailed plan for the use of land in the city based on the master plan for the city and is enacted in order to promote the public health, safety, morals, comfort and general welfare throughout the city.
(Ord. 296 § 1.1)
§ 40.01.030 Applicability of chapter.
Except as provided by Title 7, Chapter 3 and Chapter 4 of the Government Code of the state, all of the provisions of this chapter shall apply to all property within the incorporated territory of the city, whether owned by private persons, by the government of the United States or by any of its agencies, by the state or any of its political subdivisions or agencies, by any county, by any city, city and county, city, town or municipal corporation or any of its agencies or by a district formed under the laws of the state.
The provisions of this chapter are applicable not only to private persons, agencies and organizations, but also to all public agencies and organizations to the full extent that they may now or hereafter be enforceable in connection with the activities of any such public agency or organization.
(Ord. 296 §§ 1.2, 36.3)
§ 40.01.040 Recognition of opportunities.
This chapter recognizes the opportunities available in the city to obtain, through land use controls, and environment of the highest possible quality without making necessary unduly high public or private expenditures for development and without unduly restricting private enterprise or initiative. Such opportunities are due to the following circumstances:
(a)
The greater part of the growth in residence and industry in the city and the county will take place in areas which are presently undeveloped and portions of which will be annexed to the city and to cities within the county.
(b)
Thus, high standards can be adopted for future residential, commercial, industrial, agricultural, public and open land uses, and land can be reserved for future public use in new areas in coordination with rather than in conflict with private development plans.
(c)
Prior to the adoption of this chapter, the city caused to be prepared and officially adopted a master plan, delineating in general terms the future use of land throughout the city and providing a long range guide to the zoning districts and district regulations in this chapter.
(Ord. 296 § 1.3)
§ 40.01.050 Principles followed in preparation of chapter.
This chapter, in order to obtain the greatest benefits from the foregoing opportunities which exist in the city and in the county, has been prepared in accordance with the following principles:
(a)
This chapter is based on the city master plan and the county master plan with respect to the general pattern of future land uses and the principles for future land development expressed in such plans.
(b)
In recognition of the importance of relatively compact development necessary to provide for economy and efficiency in public services and utilities, it is the intent of this chapter to make land available for future development approximately five years in advance of such development. This policy is intended to give moderate guidance to the location of future development without unduly restricting the location of such development.
(c)
This chapter recognizes the importance to the community of all legitimate uses of land: Residential, commercial, industrial, agricultural, public and open space. This chapter further recognizes the need for all such uses to be protected from other uses which are unrelated or incompatible. Thus, each district is exclusive with respect to every other zoning district in this chapter, and industrial zoning districts, for example, are protected from encroachment by residential uses as firmly as residential districts are protected from industrial encroachment.
(d)
This chapter recognizes the importance to the public welfare of order and beauty in the appearance of all districts of the city. This chapter implements this principle through provisions for the review of the appearance of many structures, buildings and uses, and by provisions to require site plan review and landscaping. It is not the intent of such provisions or regulations to stifle individual initiative or control individual taste by forcing adherence to any particular style of design, but rather to provide the minimum amount of direction necessary to encourage orderliness of appearance throughout the city.
(e)
Site area, yard, off-street parking and other standards in this chapter are based on the best accepted contemporary practice, rather than on past practices, since this chapter will control development for years in the future. A variance from the strict application of the standards in the ordinance is available where compliance under certain conditions would cause individual hardship.
(f)
Uses which would adversely affect adjoining uses or the public welfare unless designed in a particular way or permitted in certain locations, are allowed as "conditional uses," subject to review by the planning commission. Whenever possible, the special requirements are spelled out in this chapter as a guide to the discretionary authority of the planning commission.
(g)
Industrial uses are subject to control by performance standards, rather than through the use of long lists of permitted or prohibited industries. This method enables a potential nuisance to be measured factually and objectively in terms of the nuisance itself and protects any industry from arbitrary exclusion or persecution based solely on the characteristics of uncontrolled production in this type of industry in the past.
(Ord. 296 § 1.4)
§ 40.01.060 Composition of chapter.
This chapter consists of the establishment of various zoning districts within which it shall be lawful only to erect, construct, alter or maintain certain buildings or to carry on certain trades or occupations or to conduct certain uses of land or of buildings, within which certain open spaces shall be required about future buildings and consisting further of appropriate regulations to be enforced in such districts, all as set forth in this chapter.
(Ord. 296 § 1.5)
§ 40.01.070 Interpretation of chapter; effect of conflicting provisions.
In their interpretation and application, provisions of this chapter shall be held to be minimum requirements. Where this chapter imposes a greater restriction than is imposed or required by other rules or regulations or ordinances, the provisions of this chapter shall control.
In the event there is conflict relative to the requirements for commercial residential use, the second dwelling unit requirements and conditions (being the more restrictive standards) shall apply.
(Ord. 296 §§ 1.6, 36.1; Ord. 1719 § 1)
§ 40.01.080 Districts designated.
The several districts hereby established and into which the city is divided are designated as follows:
A | Agricultural districts |
R-1 | Residential one-family districts |
R-2 | Residential one-and two-family districts |
R-2-CD | Residential one-and two-family conservation districts |
C-I | Core area infill districts |
R-R | Residential restricted districts |
R-2-MH | Residential one-and two-family and mobile home districts |
R-3 | Residential garden apartment districts |
R-HD | Residential high density districts |
R-T | Residential transitional districts |
R-C | Interim residential conversion districts |
C-N | Commercial neighborhood districts |
C-D | Core area design combining districts |
— | Downtown and traditional neighborhood overlay districts |
C-C | Central commercial districts |
M-U | Mixed use districts |
A-C | Auto center districts |
C-S | Commercial service districts |
CMU | Commercial mixed use districts |
C-R | Community retail districts |
I-R | Industrial administration and research districts |
I | Industrial districts |
P-SP | Public-semipublic districts |
S | Interim study districts |
P-D | Planned development districts |
(Ord. 296 § 3.1; Ord. 1211 § 1; Ord. 2359 § 1, 2010)
§ 40.01.090 Zoning map adopted.
The zoning map of the city and all notations, references, data and other information shown thereon are hereby adopted and made a part of this chapter. Such map, properly attested, shall be kept on file in the office of the city planning commission.
(Ord. 296 § 3.2, 4.1)
§ 40.01.100 Interpretation of boundaries of districts.
Where uncertainty exists as to the boundaries of any of the districts as shown on the zoning map, the following rules shall apply:
(a)
Generally. The planning commission, upon written application or upon its own motion, shall determine the location of such boundaries.
(b)
Streets or alleys. Where the indicated zoning district boundaries on the zoning map are approximately street or alley lines, the centerlines of such streets or alleys shall be construed to be the boundaries of such districts.
(c)
Lot lines. Where the zoning district boundaries are not shown to be streets or alleys, and where property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be lot lines; and where the indicated boundaries on the zoning map are approximately lot lines, the lot lines shall be construed to be boundaries of the district, unless the boundaries are otherwise indicated on the map.
(d)
Scale on map. Where the property is indicated on the zoning map as acreage and not subdivided into lots and blocks, or where the district boundary lines are not approximately street, alley or lot lines, the district boundary lines on the zoning map shall be determined by scale contained on such map, and where uncertainty exists, the district boundary line shall be determined by the planning commission by written decision. In the event property shown as acreage on the zoning map has been or is subsequently subdivided into lots or blocks by a duly recorded subdivision map or record of survey and the lot and block arrangement does not conform to that anticipated when the district boundaries were established, or property is resubdivided by a duly recorded subdivision map or record of survey into a different arrangement of lots and blocks than shown on the zoning map, the planning commission, after notice to the owners of property affected thereby for a public hearing and after such public hearing, may interpret the district boundary lines and make minor readjustments in the district boundaries in such a way as to carry out the intent and purposes of these regulations and conform to the street, block and lot layout on the ground. Such interpretations shall be made by written decision, and thereafter the copies of the zoning map in the planning commission offices shall be changed to conform thereto.
(e)
Vacated street or alley. In the event a dedicated street or alley shown on the zoning map is vacated by ordinance, the property formerly in such street or alley shall be included within the district of the adjoining property on either side of the vacated street or alley. In the event the street or alley was a district boundary between two or different districts, the new district boundary shall be the former center line of the vacated street or alley.
(Ord. 296 §§ 3.3, 4.2)
§ 40.01.110 Procedure for zoning upon annexation.
After the proposal for the annexation of territory to the city has been submitted to and reported upon to the proponent by the county boundary commission as specified by law, the petitioner may request with his or her petition how he or she desires the property to be zoned, provided, the same is annexed to the city. Copies of the petition shall be filed with the city council and a copy thereof presented to the planning commission, and the planning commission may immediately give notice of its intention to consider the proposal for annexation and for zoning the property as requested at a hearing before the planning commission. Such notice shall be by one publication in a newspaper circulated in the city giving notice of its intention to consider the proposal for annexation and the zoning of the property if annexation is completed, and to make its recommendation relative thereto. Notice shall be so given by publication at least ten days prior to the date set for the hearing, and by posting notices for the time and in the manner prescribed for amending boundaries.
After the planning commission shall have filed its recommendation with the city council, and whenever possible, the notice of zoning may be consolidated with a notice, or resolution, required for annexation of property to the city, and shall comply with the law for the requirements of both notices of annexation and for zoning, otherwise such notices shall be given concurrently, or separately, as the case may be.
Upon the hearing of the proposal to annex and zone, the city council may pass its ordinance for the annexation of the property, and in the manner required by law, upon the completion of the annexation, shall pass its ordinance to rezone the property following the recommendation of the planning commission filed prior to the annexation.
All areas hereafter annexed by the city shall be zoned S districts, interim study districts unless zoned otherwise by the city council.
(Ord. 296 § 3.4; Ord. 333 § 1)
§ 40.01.120 Compliance with chapter.
Except as otherwise provided:
(a)
No building or part thereof or other structure shall be erected, altered, added or enlarged, not shall any land, building, structure or premises be used, designated, or intended to be used for any purpose or in any manner other than is included among the uses listed as permitted in the district in which such building, land or premises is located unless such a use is determined by the planning commission to be of the same general character as the uses permitted in the district as provided in Section 40.27.090.
(b)
No building or part thereof or structure shall be erected, reconstructed or structurally altered to exceed in height the limit designated for the district in which such building or structure is located.
(c)
No building or part thereof or structure shall be erected, nor shall any existing building be altered, enlarged or rebuilt or moved into any district, nor shall any open space be encroached upon or reduced in any manner, except in conformity to the yard, building site area and building location regulations designated for the district in which such building or open space is located.
(d)
No yard or other open space provided about any building for the purpose of complying with provisions of this chapter shall be considered as providing a yard or open space for any other building, and no yard or other open space on one building site shall be considered as providing a yard or open space for any other building, and no yard or other open space on one building site shall be considered as providing a yard or open space for a building on any other building site.
(Ord. 296 § 3.5; Ord. 2127 § 1, 2003)
§ 40.01.130 Fees and charges generally.
Except as otherwise specifically provided in this chapter, the fees and charges called for by this chapter shall be set forth in a resolution of the city council establishing a comprehensive schedule of fees and charges relating to community development applications. The comprehensive schedule of fees and charges shall be posted in a conspicuous public place and shall be made available for public inspection during regular office hours.
(Ord. 707 § 2)
§ 40.01.150 Residential development permit coordination.
(a)
Purpose. The purpose and intent of this section is to implement amended Section 65913.3 of the Government Code (as added by Assembly Bill 941, Chapter 846) to provide for coordination of review and decisionmaking and the provision of information regarding the status of all applications and permits for residential developments in the city by a single administrative entity.
(b)
Designation of community development and sustainability department. The community development and sustainability department is designated as the administrative entity responsible for coordinating the review and decisionmaking, and providing information on the status of all applications and permits for residential developments in the city.
(c)
Response time. Responses to request for information regarding residential developments will be provided in all instances within a period of time not to exceed twenty-four hours of a regular business day from the time of the request.
(d)
Procedures. The director shall develop procedures for implementing the requirements of this section, monitoring performance and costs, and reporting periodically on their effectiveness.
(Ord. 1200 § 2; Ord. 2390 § 2, 2012; Ord. 2677, 11/4/2025)