Dixon City Zoning Code
Division I
INTRODUCTORY PROVISIONS
§ 18.01.010 Title.
Title 18 of the Dixon Municipal Code shall be known and cited as the "Dixon Zoning Code," "Zoning Code of the City of Dixon," "zoning code," or "code."
(Ord. 24-002 § 5 (Exh. A))
§ 18.01.020 Authority.
The Dixon Zoning Code is adopted pursuant to the authority contained in Cal. Gov't Code § 65850.
(Ord. 24-002 § 5 (Exh. A))
§ 18.01.030 Purpose.
The purpose of this code is to implement the City's General Plan and to protect and promote the public health, safety, peace, comfort, convenience, prosperity, and general welfare. More specifically, the code is adopted to achieve the following objectives:
A.
Provide standards for the orderly growth and development of the City, and guide and control the use of land to provide a safe, harmonious, attractive, and sustainable community.
B.
Achieve the arrangement of land uses depicted in the Dixon General Plan, consistent with the goals and policies of the General Plan.
C.
Enhance the appearance of the City and promote high-quality design.
D.
Preserve and enhance the quality of life and character of residential neighborhoods.
E.
Promote economic growth and the creation of jobs.
F.
Facilitate the appropriate location of community facilities, institutions, transportation, and parks and recreational areas.
G.
Allow for public participation in government decision-making regarding land use and development in a manner consistent with State law.
H.
Define duties and powers of administrative bodies and officers responsible for implementation of the code.
(Ord. 24-002 § 5 (Exh. A))
§ 18.01.040 Relationship to the General Plan.
This code implements the goals and policies of the Dixon General Plan by regulating the use of land and structures within the City. This code and the General Plan shall be consistent with one another. Any permit, license, or approval issues pursuant to this code must be consistent with the General Plan and all applicable specific plans. In any case where there is a conflict between this code and the General Plan, the General Plan shall control.
(Ord. 24-002 § 5 (Exh. A))
§ 18.01.050 Applicability.
A.
Applicability to Property. This code shall apply, to the extent permitted by law, to all property within the corporate limits of the City of Dixon and to property for which applications for annexation and/or subdivisions have been submitted to the City of Dixon, including all uses, structures, and land owned by any private person, firm, corporation or organization, or the City of Dixon or other local, State or Federal agencies. Any governmental agency shall be exempt from the provisions of this code only to the extent that such property may not be lawfully regulated by the City of Dixon.
B.
Minimum Requirements. The provisions of this code shall be minimum requirements for the promotion of the public health, safety, and general welfare. Where this code provides for more discretion on the part of a City official or body, that discretion may be exercised to impose more stringent requirements than set forth in this code as may be necessary to promote orderly land use development and the purposes of this code.
C.
Compliance with Regulations. No land shall be used, and no structure shall be constructed, occupied, enlarged, altered, demolished, or moved in any zone, except in accordance with the provisions of this code, including the development and performance standards herein, and any permit issued pursuant hereto. The temporary or transitory nature of a use does not exempt it from this requirement.
D.
Conflicting Regulations. The regulations of this code and requirements or conditions imposed pursuant to this code shall not supersede any other regulations or requirements adopted or imposed by the Dixon City Council, the State of California, or any Federal agency that has jurisdiction by law over uses and development authorized by this code. All uses and development authorized by this code shall comply with all other such regulations and requirements. Where conflict occurs between the provisions of this code and any other City ordinance, chapter, resolution, guideline, or regulation, the more restrictive provisions shall control, unless otherwise specified.
E.
Private Agreements. This code shall not interfere with or annul any recorded easement, covenant, or other agreement now in effect; provided, that where this code imposes greater restriction than imposed by an easement, covenant, or agreement, this code shall control. City of Dixon shall not be responsible for monitoring or enforcing private agreements.
F.
Prior Ordinance. The provisions of this code supersede all prior ordinances codified in this title and any amendments. No provisions of this code shall validate any land use or structure established, constructed, or maintained in violation of the prior zoning code, unless such validation is specifically authorized by this code and is in conformance with all other regulations.
G.
Effect on Previously Approved Projects and Projects in Progress.
1.
Building Permit. Any building or structure for which a building permit has been issued may be completed and used in accordance with the plans, specifications, and permits on which said building permit was granted, provided at least one (1) inspection has been requested and posted for the primary structure on the site where the permit is issued and provided construction is diligently pursued. No extensions of time except as provided for in the building code shall be granted for commencement of construction, unless the applicant has secured an allowed permit extension from the Planning Division.
2.
Previously Approved Land Use Authorization. This zoning code shall not interfere with, repeal, abrogate, or annul any previously granted land use authorization. All allowances, requirements, and conditions of approval of previous land use authorizations shall apply until the applicable review authority specifically repeals the allowance, requirement, or condition.
3.
Land Use Authorization in Process. An application for a discretionary land use authorization that has been submitted or accepted by the Planning Division as complete for processing prior to the adoption of this code or any applicable amendment shall be processed according to the requirements of this zoning code or the prior code upon written request from the project applicant.
H.
Application During Local Emergency. The City Council may authorize a deviation from a provision of this code during a local emergency declared and ratified under the Dixon Municipal Code. The City Council may authorize a deviation by resolution without notice or public hearing.
(Ord. 24-002 § 5 (Exh. A))
§ 18.01.060 Responsibility for administration.
The zoning code shall be administered by the Dixon City Council, Planning Commission, and Community Development Director as established in Chapter 18.20 DMC, Planning Authorities.
(Ord. 24-002 § 5 (Exh. A))
§ 18.01.070 Severability.
If any section, subsection, paragraph, sentence, clause, or phrase of this code is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this code. The Dixon City Council hereby declares that it would have passed this code, and each section, subsection, sentence, clause, and phrase thereof, regardless of the fact that any or one (1) or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
(Ord. 24-002 § 5 (Exh. A))
§ 18.01.080 Fees.
The City Council shall establish by resolution, and may amend and revise from time to time, fees for processing the discretionary entitlement applications and other permits authorized or required by this code. All fees shall be paid at the time an application is filed, and no processing shall commence until the fees are paid in full.
(Ord. 24-002 § 5 (Exh. A))
§ 18.02.010 Purpose.
The purpose of this chapter is to provide precision in the interpretation of the zoning code. The meaning and construction of words and phrases defined in this chapter apply throughout the code, except where the context indicates a different meaning.
(Ord. 24-002 § 5 (Exh. A))
§ 18.02.020 Rules of interpretation.
In interpreting the various provisions of the code, the following rules of interpretation shall apply:
A.
General Rules. The following general rules apply to the interpretation and application of the zoning code:
1.
The specific controls the general.
2.
In case of conflict between the text and a figure, illustration, heading, caption, diagram, or graphic, the text controls.
3.
Sections and section headings contained herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of any section.
4.
Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows:
a.
"And"
indicates that all connected words or provisions shall apply.
b.
"And/or"
indicates that the connected words or provisions may apply singularly or in any combination.
c.
"Or"
indicates that the connected words or provisions may apply singularly or in any combination.
d.
"Either... or"
indicates that the connected words or provisions shall apply singularly but not in combination.
5.
The words "shall," "will," "must," and "is to" are always mandatory and not discretionary. "Should" is a regulation that is not mandatory but must be either fulfilled or the applicant must demonstrate an alternative that fulfills the intent of the regulation. "May" is permissive.
6.
The present tense includes the past and future tenses, and the future tense includes the past.
7.
The singular number includes the plural, and the plural, the singular.
8.
All references to departments, committees, commissions, boards, or other public agencies are to those of the City of Dixon, unless otherwise indicated.
9.
All references to public officials are to those of the City of Dixon, and include designated deputies of such officials, unless otherwise indicated.
B.
Calendar Days. All references to days are to calendar days, unless otherwise indicated. If a deadline falls on a weekend or holiday, or a day when the City offices are closed, it shall be extended to the next working day. The end of a time period shall be the close of business on the last day of the period (5:00 p.m.).
C.
Definitions. The Director shall make the interpretation for any definition not expressly identified in this code.
(Ord. 24-002 § 5 (Exh. A))
§ 18.02.030 Rules of measurement.
For all calculations, the applicant shall be responsible for supplying drawings illustrating the measurements that apply to a project. These drawings shall be drawn to scale and of sufficient detail to allow easy verification upon inspection by the Director.
A.
Fractions. Whenever this code requires consideration of distances, parking spaces, dwelling units or other aspects of development or the physical environment expressed in numerical quantities, and the result of a calculation contains a fraction of a whole number, the results will be rounded as follows:
1.
General Rounding. Fractions of one-half (0.5) or greater shall be rounded up to the nearest whole number and fractions of less than one-half (0.5) shall be rounded down to the nearest whole number, except as otherwise provided.
2.
Exception for State Affordable Housing Density Bonus. For the calculation of fractions related to permitted bonus density units for projects eligible for bonus density pursuant to Cal. Gov't Code § 65915 or any successor statute and Chapter 18.12 DMC, Affordable Housing Density Bonus, any fractional number of units shall be rounded up to the next whole number.
B.
Measuring Distances.
1.
Measurements Are Shortest Distance. When measuring a required distance, such as the minimum distance between a structure and a lot line, the measurement is made at the closest or shortest distance between the two (2) objects.
2.
Distances Are Measured Horizontally. When determining distances for setbacks and structure dimensions, all distances are measured along a horizontal plane from the appropriate line, edge of building, structure, storage area, parking area, or other object. These distances are not measured by following the topography or slope of the land.
3.
Measurements Involving a Structure. Measurements involving a structure are made to the closest support element of the structure. Structures or portions of structures that are entirely underground are not included in measuring required distances.
4.
Measurement of Vehicle Stacking or Travel Areas. Measurement of a minimum travel distance for vehicles, such as garage entrance setbacks and stacking lane distances, are measured down the center of the vehicle travel area. For example, curving driveways and travel lanes are measured along the center arc of the driveway or traffic lane.
5.
Measuring Radius. When a specified land use is required to be located a minimum distance from another land use, the minimum distance is measured in a straight line from all points along the lot line of the subject project, in all directions.
 FIGURE 18.02.030.B: MEASURING DISTANCES |
C.
Measuring Height. The height of a structure shall be measured vertically from the average elevation of the surface of the ground covered by the structure to the highest point of the structure.
 FIGURE 18.02.030.C: MEASURING BUILDING HEIGHT |
1.
Measuring Height of Fences or Walls. The height of a fence or wall is measured as the vertical distance from the lowest ground level immediately adjacent to the fence or wall to the highest point of such fence or wall, except as provided below.
a.
All fences and walls located within three (3) feet of each other, including fences and walls on adjoining lots, shall be considered a single fence or wall.
 FIGURE 18.02.030.C.1: MEASURING HEIGHT OF FENCES OR WALLS |
2.
Measuring the Height of Decks. Deck height is determined by measuring from the ground to the top of the floor of the deck directly above the ground below.
 FIGURE 18.02.030.C.2: MEASURING HEIGHT OF DECKS |
D.
Measuring Lot Width and Depth.
1.
Lot Width. Lot width is the horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.
2.
Lot Depth. Lot depth is measured along a straight line drawn from the midpoint of the front property line of the lot to the midpoint of the rear property line or to the most distant point on any other lot line where there is no rear lot line.
 FIGURE 18.02.030.D: MEASURING LOT WIDTH AND DEPTH |
E.
Determining Floor Area. The floor area of a building is the sum of the gross horizontal areas of all floors of a building or other enclosed structure, measured from the outside perimeter of the exterior walls and/or the centerline of interior walls.
1.
Included in Floor Area. Floor area includes, but is not limited to, all habitable space (as defined in the building code) that is below the roof and within the outer surface of the main walls of primary or accessory buildings or the centerlines of party walls separating such buildings or portions thereof or within lines drawn parallel to and two (2) feet within the roof line of any building without walls. In the case of a multi-story building that has covered or enclosed stairways, stairwells or elevator shafts, the horizontal area of such features shall be counted only once at the floor level of their greatest area of horizontal extent.
2.
Excluded From Floor Area. Floor area does not include the following:
a.
Mechanical, electrical, and communication equipment rooms that do not exceed two percent (2%) of the building's total floor area;
b.
Bay windows or other architectural projections where the vertical distance between the lowest surface of the projection and the finished floor is thirty (30) inches or greater;
c.
Areas that qualify as usable open space;
d.
Covered porticoes, paseos, corridors, and courtyards designed for use by and accessible to the general public; and
e.
In nonresidential and mixed-use buildings, areas used for off-street parking spaces or loading spaces, driveways, and maneuvering aisles.
 FIGURE 18.02.030.E: DETERMINING FLOOR AREA |
F.
Determining Floor Area Ratio. The floor area ratio (FAR) is the ratio of the floor area, excluding the areas described below, of all primary and accessory buildings on a site to the site area. To calculate the FAR, floor area is divided by site area, and typically expressed as a decimal. For example, if the floor area of all buildings on a site totals twenty thousand (20,000) square feet, and the site area is ten thousand (10,000) square feet, the FAR is expressed as 2.0.
 FIGURE 18.02.030.F: DETERMINING FLOOR AREA RATIO |
G.
Determining Lot Coverage. Lot coverage is the ratio of the total footprint area of all structures on a lot to the net lot area, typically expressed as a percentage. The footprints of all main and accessory structures, including garages, carports, covered patios, and roofed porches, shall be summed in order to calculate lot coverage. The following structures shall be excluded from the calculation:
1.
Unenclosed and unroofed decks, uncovered patio slabs, porches, landings, balconies and stairways less than four (4) feet in height;
2.
Eaves and roof overhangs projecting up to two (2) feet from a wall;
3.
Trellises and similar structures that have roofs that are at least fifty percent (50%) open to the sky through with uniformly distributed openings;
4.
Swimming pools and hot tubs that are not enclosed in roofed structures or decks; and
5.
One (1) nonhabitable accessory structure under one hundred twenty (120) square feet. Structures above quantity of one (1), more than one hundred twenty (120) square feet in size, and/or habitable shall be included in lot coverage.
 FIGURE 18.02.030.G: DETERMINING LOT COVERAGE |
H.
Determining Lot Frontage.
1.
Corner Lot. The front of a lot is the narrowest dimension of the lot with street frontage.
2.
Through Lot. The front of a through lot abuts the street or streets that one (1) or more neighboring lots use to provide primary access.
 FIGURE 18.02.030.H.2: DETERMINING LOT FRONTAGE, THROUGH LOTS |
I.
Determining Setbacks. Setbacks are measured parallel to and at the specified distance from the corresponding front, side, or rear property line or other identified reference.
1.
Official Plan Lines. Where official plan lines exist, setbacks shall be measured from such official plan line. If a proposed new sidewalk or right-of-way differs from that existing, then the required yard shall be measured from the property line.
 FIGURE 18.02.030.I: DETERMINING SETBACKS |
J.
Determining Yards. Yards shall be determined by extending perpendicular lines from each point of the nearest property line to the nearest wall of the first main building on the lot. Where there is no wall of a main building on the lot which intercepts said perpendicular lines, said yard will terminate at a point determined by extending a line parallel to the property line from the corner of the front elevation of the main building to the nearest property line. The front elevation of a building is any elevation that faces the property line.
1.
Rounded Corners. If the corner of the front elevation is rounded (i.e., a tower), the corner of the elevation shall be established by drawing the smallest square or rectangle that will enclose the round element and extend the line from the corner of the superimposed square or rectangle that is closest to the property line.
 FIGURE 18.02.030.J: DETERMINING YARDS |
K.
Measuring Signs. The calculations of measurements related to signs are described in Chapter 18.18 DMC, Signs.
(Ord. 24-002 § 5 (Exh. A))
§ 18.03.010 Establishment of zoning districts.
The City shall be classified into zoning districts, the designation and regulation of which are set forth in this code and as follows:
A.
Base Zoning Districts. The City is divided into base zoning districts which are established as shown in Table 18.03.010: Base and Overlay Districts.
B.
Overlay Districts. Overlay districts, one (1) or more of which may be combined with a base zoning district, are established as shown in Table 18.03.010: Base and Overlay Districts.
TABLE 18.03.010: BASE AND OVERLAY DISTRICTS | |
|---|---|
Zone Symbol | District Name |
Base Zoning Districts | |
Residential Districts | |
RL | Residential Low Density |
RM | Residential Medium Density |
Commercial and Mixed-Use Districts | |
DMX | Downtown Mixed-Use |
CMX | Corridor Mixed-Use |
CAMX | Campus Mixed-Use |
CN | Neighborhood Commercial |
CR | Regional Commercial |
CS | Service Commercial |
Industrial Districts | |
IL | Light Industrial |
IG | General Industrial |
Public and Semi-Public Districts | |
PF | Public Facilities |
PR | Parks and Recreation |
Overlay Districts | |
GW | Groundwater Well Overlay District |
PD | Planned Development Overlay District |
SP | Specific Plan Overlay District |
(Ord. 24-002 § 5 (Exh. A))
§ 18.03.020 Official zoning map and district boundaries.
The boundaries of the zones established by this code are not included in this code but are shown on the official zoning map maintained by the City Clerk. The official zoning map, together with all legends, symbols, notations, references, zone boundaries, map symbols, and other information on the maps, have been adopted by the City Council and are hereby incorporated into this code by reference, together with any amendments previously or hereafter adopted, as though they were fully included here.
A.
Uncertainty of Boundaries. If an uncertainty exists as to the boundaries of any district shown on the official zoning map, the following rules shall apply:
1.
Boundaries indicated as approximately following the centerlines of alleys, lanes, streets, highways, streams, or railroads shall be construed to follow such centerlines.
2.
Boundaries indicated as approximately following lot lines, city or county limits, or extraterritorial boundary lines shall be construed as following such lines, limits, or boundaries.
B.
Parcels Containing Two (2) or More Zoning Districts.
1.
For parcels containing two (2) or more zoning districts, the location of the zoning district boundary shall be determined by the Director.
2.
For parcels containing two (2) or more zoning districts, the applicable regulations for each district shall apply.
(Ord. 24-002 § 5 (Exh. A))
