Napa City Zoning Code
CHAPTER 17
04 ORGANIZATION, APPLICABILITY, INTERPRETATION AND GENERAL ADMINISTRATION
§ 17.04.010 Purpose.
The purpose of this chapter is to describe the organization, applicability and interpretation of zoning regulations, and general procedures for administration of this title including basic responsibilities of the officials and bodies charged with its administration.
(O2003-12)
§ 17.04.020 Organization.
B.
Types of Regulations. Three types of zoning regulations control use and development of property:
1.
Land use regulations specify land uses permitted or conditionally permitted in each zoning district, and include special requirements, if any, applicable to specific uses. Land use regulations for base zoning districts are contained in Part 2 of the zoning ordinance. Land use regulations for overlay districts are contained in Part 3 of the zoning ordinance. Certain development regulations, applicable in more than one base district, are contained in Part IV.
2.
Development Regulations control the height, bulk, and location of structures on development sites and establish other development standards. Development regulations for each base zoning district are in Part 2 of the zoning ordinance; development regulations for overlay districts are contained in Part 3. Certain development regulations, applicable in more than one base or overlay district, are contained in Part 4. These include site and use regulations, and parking regulations.
3.
Administrative regulations contain detailed procedures for the administration of zoning regulations, including requirements for administrative exceptions, administrative permits, use permits, design review permits, variances, zoning amendments, appeals and enforcement. administrative regulations are contained in Part 5 of the zoning ordinance.
(O2003-12)
§ 17.04.030 General rules of applicability.
A.
Applicability to Property. Zoning regulations shall apply to land within the City of Napa, including land owned by the City of Napa and other local, state or federal agencies, where applicable, except for streets and rights of way, and publicly owned rivers and creeks. Application of regulations to specific lots shall be governed by the zoning map.
B.
Compliance with Regulations. No land shall be used, and no structure shall be constructed, occupied, enlarged, altered, or moved in any zoning district except in accord with the provisions of this title. Additionally, no lot shall be created except in conformance with regulations of this title governing minimum size and dimensions.
C.
Zoning Clearance.
1.
No building permit shall be issued without zoning clearance from the Community Development Department. The Community Development Department shall approve zoning clearance only if the use, occupancy, building or structure complies with the city General Plan, all applicable ordinances pursuant to this title and Title 15.
2.
Such clearance pursuant to subsection (C)(1) shall not apply to issuance of a building permit for reroofing; electrical service entrance change; seismic retrofit; kitchen remodel; retaining walls; termite, foundation, fire, plumbing or electrical repairs; water heater, air conditioning or stucco installation; and similar minor permits as determined by the Community Development Director.
D.
Public Nuisance. Neither the provisions of this title nor the approval of any permit authorized by this title shall authorize the maintenance of any public nuisance, as defined in Chapter 8.16 (Nuisances) or any other section of the Municipal Code.
E.
Conflict with Other Regulations. Where conflict occurs between the provisions of this title and any other city code, ordinance, resolution, guideline, or regulation, the more restrictive provision shall control unless otherwise specified by this title.
F.
Application During Local Emergency. The City Council may authorize deviations from any provision of this title during a local emergency. Such deviations shall be authorized by resolution of the City Council, without notice or public hearing.
G.
Severability. If any section, subsection, sentence of phrase of this title is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, the remaining portions of this title shall not be affected. It is expressly declared that this title and each section, subsection, sentence, and phrase would have been adopted regardless of the face that one or more other portions of this title would be declared invalid or unconstitutional.
H.
Improvement Agreements. An improvement agreement may be required in connection with any entitlement issued pursuant to this title when in the opinion of the Community Development Director, the agreement and furnishing of security is necessary to insure completion of the improvements.
(O2003-12; O2004 9)
§ 17.04.040 Applicability of land use and development regulations.
A.
Zoning Designation System. Land use and development regulations applicable to specific sites shall be shown on the zoning map by zoning designations consisting of initial letters from the name of each zoning district.
B.
Establishment of Base Zoning Districts. Base zoning districts into which the city is divided are established as follows:
RS 40 | Single-Family Residential, Minimum lot size 40,000 sq. ft. |
RS 20 | Single-Family Residential, Minimum lot size 20,000 sq. ft. |
RS 10 | Single-Family Residential, Minimum lot size 10,000 sq. ft. |
RS 7 | Single-Family Residential, Minimum lot size 7,000 sq. ft. |
RS 5 | Single-Family Residential, Minimum lot size 5,000 sq. ft. |
RS 4 | Single-Family Residential, Minimum lot size 4,000 sq. ft. |
RI 20 | Single-Family Infill, Minimum lot size 20,000 sq. ft. |
RI 10 | Single-Family Infill, Minimum lot size 10,000 sq. ft. |
RI 7 | Single-Family Infill, Minimum lot size 7,000 sq. ft. |
RI 5 | Single-Family Infill, Minimum lot size 5,000 sq. ft. |
RI 4 | Single-Family Infill, Minimum lot size 4,000 sq. ft. |
RT 7 | Traditional Residential Infill, Minimum lot size 7,000 sq. ft. |
RT 5 | Traditional Residential Infill, Minimum lot size 5,000 sq. ft. |
RT 4 | Traditional Residential Infill, Minimum lot size 4,000 sq. ft. |
RM | Multi-Family Residential |
CL | Local Commercial |
CT | Tourist Commercial |
CC | Community Commercial |
DCC | Downtown Core Commercial |
DMU | Downtown Mixed Use |
DN | Downtown Neighborhood |
OBC | Oxbow Commercial |
RO | Residential Office |
OC | Commercial Office |
OM | Medical Office |
IL | Light Industrial |
IP | Industrial Park (Areas A, B and C) |
PQ | Public, Quasi-Public |
DP | Downtown Public |
POS | Park and Open Space |
DPOS | Downtown Parks/Open Space |
AR | Agricultural Resource |
MU-T | Tannery Bend Mixed Use |
MU-G | Gateway Mixed Use |
MU | Mixed Use (Reserved for future Mixed Use Districts) |
MP | Master Plan, General |
MP | Master Plan (Reserved for future Master Plan Districts) |
C.
Establishment of Overlay Districts. Overlay zoning districts, one or more of which may be combined with a base district, are established as follows:
:AC | Airport Compatibility |
:AH | Affordable Housing |
:BF | Building Form |
:ED | Entertainment District |
:FP | Floodplain and Flood Evacuation |
:HS | Hillside |
:PD | Planned Development |
:PE | Parking Exempt |
:SC | Soscol Corridor |
:TI | Traffic Impact |
:WS | Water Setback |
(O2012 4, 5/15/12)
§ 17.04.050 Interpretation-Recordkeeping.
A.
Zoning and General Plan Land Use Maps. An official copy of the zoning map and the General Plan land use map shall be maintained by the Community Development Director in the Community Development Department. The Community Development Director shall administratively determine the location of each boundary between adjacent zoning districts and between adjacent General Plan land use areas (which includes any geographical separation of land use designations within the General Plan, including planning areas, neighborhoods, or pods). Unless documents approved by City Council establish a different intent, the Community Development Director shall use the following rules in determining the location of boundaries between adjacent zoning districts or between adjacent General Plan land use areas:
1.
The boundaries of each zoning district and each General Plan land use area shown as approximately following the property line of a lot shall be construed to follow such property line.
2.
Where the boundary of a zoning district or a General Plan land use area is shown to divide a legal lot, the location of the zoning district or General Plan land use area shall be determined by using the scale appearing on the zoning map or General Plan land use map, unless boundary dimensions are printed on the relevant map.
3.
Unless otherwise clearly indicated on the zoning map or General Plan land use map, the property line abutting a street, alley or right-of-way, river, stream or other watercourse shall be construed to be the boundary of the zoning district and General Plan land use area. In cases where a right-of-way is abandoned, the underlying property line for the fee interest (typically the centerline) shall be used as the boundary of the zoning district and General Plan land use boundary.
B.
Land Use Determinations. General Plan land use categories and zoning districts identify uses that are allowable, permitted, or conditionally permitted; however, each category and district does not specify every use or activity that is allowable, permitted, or conditionally permitted within the category or district. The Community Development Director shall administratively determine whether a particular use is substantially similar to one of the listed uses. In making a determination that a particular use is or is not substantially similar to those listed, the Community Development Director shall consider the character of the particular use as compared to those listed in the zoning district or General Plan land use category, and the purposes of the applicable zoning district or General Plan land use category. If the Community Development Director determines that a particular use is substantially similar to a use identified in a zoning district or General Plan land use category, the use shall be deemed to be so specified in the zoning district or General Plan land use category.
C.
Interpretations. Where there is uncertainty regarding the interpretation of any provision of this title or the General Plan, the Community Development Director shall administratively interpret the provision.
D.
If the Community Development Director determines that a particular determination under this section warrants action by a different decision-making authority (such as the Planning Commission), the Director may (at his or her discretion) refer the matter to the other decision-making authority for a determination.
(O2012 4, 5/15/12)
§ 17.04.060 Unzoned property.
Any parcels inadvertently not pre-zoned prior to annexation or not zoned for any other reason, shall be zoned consistent with the General Plan land use designation and surrounding zoning classifications. The process to zone the property is established in Chapter 17.66 (Amendments).
(O2003-12)
§ 17.04.070 Decision-making authority.
The following decision-making bodies and officials are established and/or their responsibilities acknowledged:
A.
Planning Officials. This title assigns duties to the Community Development Director, the Public Works Director, the Chief Building Inspector, and the Housing Director. These persons shall have such duties as assigned by this title as may be required to fulfill the purposes of this title. These duties shall be in addition to those duties described elsewhere in the Municipal Code. References to the directors and inspector shall also mean any employees appointed by the directors or inspector to act in their behalf.
B.
Code Enforcement Officer. In order to carry out the purposes of this title and to aid in its enforcement, there is created a Code Enforcement Officer. The Code Enforcement Officer shall have such duties as assigned by this code and as may be required to fulfill the purposes of this title. References to the Code Enforcement Officer shall also mean any employee(s) appointed to act on the Code Enforcement Officer's behalf.
C.
Assistant City Manager for Development Services. The Assistant City Manager for Development Services, or designee, shall have such duties as assigned by this code, including those as may be required to fulfill the purposes of Titles 12, 16 and 17 of this code. To the extent there are references in this code to the authority of a Project Evaluation and Review Committee (PERC), the Assistant City Manager for Development Services is authorized to individually take action in the place of the PERC, and the authority of the PERC is replaced by the authority of the Assistant City Manager for Development Services.
(O2008 8)