This title shall be known as, may be cited and referred to as, the “City of Livingston Zoning Ordinance”.

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

   The purpose of this title is to provide for specific guidelines for the development of the city in such a manner as to achieve progressively the general arrangement of land uses and implement the policies indicated in the general plan. More specifically, this title is:

   (A)   To regulate the use of buildings, structures and land as between industry, business, residences, open space, including agriculture, recreation, enjoyment of scenic beauty, use of natural resources and other purposes;

   (B)   To regulate all of the following:

      1.   The location, height, bulk, number of stories, and size of buildings and structures;

      2.   The size and use of lots, yards, courts and other open spaces;

      3.   The percentage of a lot which may be occupied by a building or structure; and

      4.   The intensity of land use.

   (C)   To establish requirements for off-street parking and loading;

   (D)   To establish and maintain building setbacks lines;

   (E)   To divide the city into zones of such number, shape and areas as may be deemed best suited to carry out these regulations and provide their enforcement to promote the safe, effective traffic circulation system, the provision of adequate off-street parking and truck loading facilities;

   (F)   To create civic districts around civic centers, public parks, public buildings or public grounds, and establish regulations for those districts; and

   (G)   To promote, protect and preserve the general public health, safety and welfare all as part of the general plan of the city.

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

   (A)   This title shall apply to all real property, together with all improvements located thereon, and uses thereof with the exception of: public streets and alleys; public utility distribution and transmission lines, which shall be permitted in all districts with city engineer approval; provided, however, that such facilities shall be installed in such a manner as to conform to all rules and regulations prescribed by the California Public Utilities Commission; and provided further, however, that the routes of proposed telephone transmission lines shall be submitted to the Planning Commission for recommendation prior to acquisition of rights-of-way therefor.

   (B)   This title, or any portion, section or part thereof, shall not be deemed or construed to make lawful any act, omission or course of conduct otherwise considered to be unlawful.

      1.   Regulations. All regulations in this title pertaining to the zoning districts established by this title are subject to the general provisions, conditions and exceptions contained in these chapters.

      2.   Uses not allowed. Any use not allowed in any district as a regular principal use, conditional use, special use or accessory use is absolutely prohibited unless and until so authorized in accordance with the procedures, requirements and provisions of this title.

      3.   Conflicts. Where conflict may occur between the regulations of this title and any building code or other regulations and statutes effective within the city, the more restrictive of any regulations shall apply.

      4.   Restrictions. It is not intended that this title shall interfere with or annul any easement or other agreement now in effect; provided, however, that where this title imposes greater restrictions than are imposed or required by other ordinances, rules or regulations of the city, or by easements or agreements, the provisions of this title shall apply.

      5.   No action within six months. If an applicant shall fail to take substantive action with the city in any six-month period to advance an application in the process, the application shall be deemed withdrawn and all fees will be forfeited; provided, however, that no application shall be deemed withdrawn if the applicant is incapable of advancing its application due to any statutory or other legal requirement.

      6.   No action within 24 months of site plan approval. If an applicant shall fail to take substantive action (i.e., apply for a grading or building permit) with the city within 24 months of site plan approval to advance in the process, the approval shall be deemed withdrawn; provided however that no approval shall be deemed withdrawn if the applicant is incapable of advancing its project due to any statutory or other legal requirement.

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

   (A)   Generally. In order to carry out the purposes and provisions of this title, the city is hereby divided into the following districts:

 

   (B)   Base zoning districts and relationship to general plan. The city shall be divided into zoning districts that implement the city’s general plan and are designed to regulate and classify the allocation of building types, development and other aspects of urban design and land use that are most appropriate for the city. Table 1 of this section identifies consistency between the base zoning districts and their corollary general plan land use designations.

 

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

   (A)   That particular map entitled “zoning map for the City of Livingston” which identifies those districts enumerated in § 5-1-4 of this chapter is hereby adopted as the official zoning map of the city, and is made a part of this title by reference. Said map shall be and remain on file in the office of the City Clerk. The City Council may from time to time republish all or any part of said zoning map to incorporate any amendments thereto.

   (B)   Except as otherwise provided in this title, land, structures and premises in any district shall hereafter be used only for the purposes listed herein as permitted in that district, and in accordance with any conditions and requirements which may have been established for that district in connection with the authorization of any variance or granting of any conditional use permit or special use permit. No structure shall be erected, reconstructed, relocated or structurally altered to have a greater height or bulk or any higher proportion of parcel coverage than permissible under the limitations set forth herein for the district in which said building is located.

      1.   District boundary changes. Changes in the boundaries of any district shall only be made by ordinance amending the zoning map. If changes occur, in accordance with the provisions of this title and state statutes, they shall be indicated on the zoning map promptly after approval of the amendment by the City Council. No changes of any nature shall be made in the zoning map or matters shown therein except in conformity with the procedures set forth in this title.

      2.   Zoning of annexed areas. Any property which is annexed to the city shall possess the zoning classification indicated on the detailed prezoning map; such portions of the prezoning map shall become a part of the city’s official zoning map and be subject to all provisions of this title.

      3.   Prezoning of unincorporated areas. The city may prezone that unincorporated territory recognized as the general planning area for the purpose of predetermining the zoning district that shall apply to such property in the event of annexation to the city. For this purpose, a detailed prezoning map may be prepared and adopted as part of this title.

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

   Regulations as set out in the California Building Code regarding accessibility for persons with physical disabilities shall be followed wherever they are applicable. The city supports and encourages compliance with the federal government mandated accessibility regulations for persons with physical disabilities, the Americans with Disabilities Act of 1990 (ADA), being 42 U.S.C. §§ 12101 et seq. Provisions within this zoning ordinance do not preclude providing reasonable accommodations for persons with disabilities.

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