This Title shall be known as the “City of Hercules Zoning Ordinance” hereinafter known as the “Zoning Ordinance.” [Ord. 515 § 2, 2018; ZO § 1.100.]

The Zoning Ordinance is composed of the following components:

1. Regulations, known as the zoning regulations, establishing classes of zoning districts governing the use and development of land, placement and sizing of structures and improvements, and procedures for development application, review and appeal.

2. A map or set of maps, known as the Zoning Map, which delineates boundaries of zoning districts within the City of Hercules.

A copy of the zoning regulations and map together with a record of all adopted amendments shall be kept on file with the City Clerk and shall constitute the original record of the Zoning Ordinance. A copy of the zoning regulations and map shall also be kept on file with the Community Development Director. [Ord. 515 § 2, 2018; ZO § 1.200.]

The overall purpose of the Zoning Ordinance is to promote the public health, safety and welfare and general prosperity with the aim of preserving a wholesome, serviceable and attractive community. More specifically, the purpose of the Zoning Ordinance is to:

1. Preserve and enhance the community’s quality of life with well-balanced growth and development.

2. Enhance and create a community with a wide range of choices, services, and amenities.

3. Accommodate expansion of development into vacant or underdeveloped lands and lands subject to redevelopment.

4. Provide a set of regulations and procedures to review and process land use and development applications in an open, fair and equitable manner.

5. Facilitate attractive, functional and safe development within the City for a variety of uses, which may at times be combined on a site.

6. Minimize adverse environmental effects and fiscal consequences to the community. [Ord. 515 § 2, 2018; ZO § 1.300.]

The Zoning Ordinance is the primary tool for implementing the goals, objectives, policies and standards of the Hercules General Plan, pursuant to the mandated provisions of the State Planning and Zoning Law (Government Code Section 65000 et seq.) and other applicable State and local requirements.

The land use zoning districts contained within the Zoning Ordinance are consistent with and implement the land use designations of the General Plan as shown in Section 13-5.200. Overlay districts follow the adopted Land Use Map and the policies and standards of the General Plan related to these overlay regulations. In addition, the purposes, performance standards and development regulations of the zoning and overlay districts incorporate General Plan policies and standards to implement the General Plan and require that all development within the boundaries of the City be consistent with the General Plan. [Ord. 515 § 2, 2018; ZO § 1.400.]

1. Structure of Regulations. The zoning regulations are divided into 5 divisions:

2. Land Use and Property Development Regulations. Regulations of land use and property development are specified within each zoning district contained in Division II and within Division III. The process of reviewing zoning permits and administering the Zoning Ordinance is contained within Division IV. [Ord. 515 § 2, 2018; ZO § 2.100.]

The Zoning Ordinance shall apply to all property, whether owned by private persons, firms, corporations or organizations, the United States of America or any of its agencies, the State of California or any of its agencies or political subdivisions, any city or county, including the City of Hercules or any of its agencies, or any authority or district organized under the laws of the State of California. [Ord. 515 § 2, 2018; ZO § 2.200.]

The Community Development Director or the City official acting in such capacity shall administer the Zoning Ordinance. The Planning Commission and City Council shall participate in the application review process as set forth in Division IV. [Ord. 515 § 2, 2018; ZO § 2.300.]

1. The provisions of the Zoning Ordinance shall be interpreted as setting forth standards and procedures for the promotion of the public health, safety, comfort, convenience, and general welfare of the City of Hercules. The Zoning Ordinance implements the General Plan. The General Plan shall have precedence in the event that any conflict between the 2 documents should arise. Where conflicts occur between the provisions of the Zoning Ordinance and the Building Code or other regulations of the City, the more restrictive shall apply. Where conflicts occur between the provisions of the Zoning Ordinance, the most recently adopted shall apply; if the provisions were adopted on the same date, the most restrictive shall apply. Where uncertainty exists regarding the interpretation of any provision of the Zoning Ordinance or its application to a particular site or situation, the Community Development Director shall determine the intent and application of the provision.

2. Whenever any uncertainty exists as to the boundaries of any district shown upon the official Zoning Map the following provisions shall apply:

A. Where boundaries are indicated as approximately following the centerline of streets, alleys, lot lines, or flood control channels, such lines shall be interpreted to be such boundaries.

B. In the case of unsubdivided property or where a zone boundary divides a lot, the location of such boundaries, unless indicated by dimensions or legal descriptions, shall be determined by use of the scale appearing on the Zoning Map.

C. Where further uncertainty exists, the Community Development Director shall determine the location of the boundary in question, giving due consideration to the location indicated on the Zoning Map and the objectives of the Zoning Ordinance and the purposes set forth in the district regulations.

3. In addition to the provisions of the Municipal Code, the following rules shall apply to interpreting the requirements of the Zoning Ordinance:

A. The following conjunctions shall be interpreted as follows unless the context of the language clearly indicates a contrary interpretation.

1) “And” indicates that all connected words, phrases or provisions shall apply.

2) “Or” indicates that the connected words, phrases or provisions apply singly or may apply in combination depending on the context.

3) “Either ... or” indicates that the connected words, phrases or provisions shall apply singly but not in combination.

B. When a conflict arises between the regulations of different zoning districts, overlays, development standards, performance standards or other provisions, the following shall apply; provided, that such interpretation is not contrary to the objectives and policies of the General Plan.

1) Any guidance for priority within the regulations in question such as “the most recently amended regulation shall prevail” shall receive first preference in resolving an apparent conflict.

2) The more restrictive requirement shall receive second preference.

3) District specific standards shall receive preference over Citywide standards as a third preference.

C. If there is a conflict between the text and a diagram or figure, the text shall prevail.

D. All references to days are calendar days unless otherwise indicated. If a time deadline falls on a weekend or holiday, the deadline shall be extended to the next working day of the City.

4. An interpretation of the zoning regulations or provisions and zoning district boundaries by the Community Development Director may be appealed to the Planning Commission and City Council as provided in Chapter 13-44. [Ord. 515 § 2, 2018; ZO § 2.400.]

If any Division, Chapter, Section, sentence, clause, phrase, figure or table of the Zoning Ordinance is declared invalid by a court of competent jurisdiction, the validity of the remaining portions of the Zoning Ordinance shall not be affected. [Ord. 515 § 2, 2018; ZO § 2.500.]