Oakley City Zoning Code
ARTICLE 1
GENERAL PROVISIONS
§ 9.1.102 Statutory Reference; Enforcement.
a.
General Objectives of the Zoning Ordinance. The Zoning Ordinance is adopted to protect and promote public health, safety, peace, comfort, convenience, prosperity, and general welfare. More specifically, the Zoning Ordinance is adopted in order to achieve the following objectives:
1.
To provide a guide for the physical development of Oakley’s General Plan Land Use Diagram, which enables the City to achieve the land uses depicted as such.
2.
To foster implementation of the goals and policies of the Oakley General Plan dealing with land use, urban design, environmental protection, and public health and safety.
3.
To foster a harmonious, convenient, workable relationship among land uses.
4.
To promote the stability of existing land uses which conform with the Oakley General Plan and to protect them from inharmonious influences and harmful intrusions.
5.
To ensure that public and private lands ultimately are used for the purposes that are most appropriate and most beneficial from the standpoint of the City.
6.
To promote a safe, effective traffic circulation system.
7.
To foster the provision of adequate off-street parking and truckloading facilities.
8.
To promote commercial and industrial activities in order to strengthen the City’s tax base.
9.
To protect and enhance real property values.
10.
To safeguard and enhance the appearance of the City.
11.
To assist in meeting the housing needs of Oakley.
b.
Specific Objectives of the Zoning Ordinance as identified in the Oakley General Plan.
1.
Establish within the Oakley Zoning Ordinance appropriate regulations to guide the Specific Plan (SP) and/or Planned Unit Development (PUD) process, including the extent to which development patterns may vary from land use patterns as depicted in the Land Use Diagram.
2.
Within the City’s Zoning Ordinance, establish a Business Park High designation that allows up to 2.0 FAR, and a Business Park Low designation that allows up to 1.0 FAR.
3.
Within the City’s Zoning Map, designate up to 30 acres of Business Park High, with the balance of this General Plan designation to be identified as Business Park Low on the Zoning Map.
c.
Nature of the Zoning Ordinance.
1.
The Zoning Ordinance shall consist of a zoning map designating certain districts, and a set of regulations requiring the provision of off-street parking and off-street loading facilities and controlling the uses of land; the density of population; the uses and locations of structures; the open spaces about structures; the appearance of certain uses and structures; and the areas and dimensions of sites; the location, size, and illumination of signs.
2.
The provisions of the Zoning Ordinance shall not be deemed or construed to repeal, amend, modify, alter or change any other ordinance or any other part thereof not specifically repealed, amended, modified, altered or changed herein. When provisions of the Zoning Ordinance are more restrictive than other ordinances or parts thereof, the Zoning Ordinance shall be applicable. When the Zoning Ordinance is not more restrictive, each such other ordinance shall remain in force and effect.
3.
Except as otherwise specifically provided, no provision of the Zoning Ordinance shall be construed as relieving any party to whom a use permit, variance or zoning permit is issued from any other provision of state or federal law or from any provision, ordinance, rule or regulation of the City requiring a license, franchise or permit to accomplish, engage in, carry on or maintain a particular business, enterprise, occupation, transaction or use. However, no such license, franchise or permit shall be issued until there is compliance with the provisions of the Zoning Ordinance.
4.
The Zoning Ordinance is not intended to abrogate, annul, impair or interfere with any deed restriction, covenant, easement or other agreement between parties, provided that where the Zoning Ordinance imposes a greater restriction on the use of land or structures of the height or bulk of structures, or requires greater open spaces about structures or greater areas or dimensions of sites than is imposed or required by deed restriction, covenant, easement or other agreement, the Zoning Ordinance shall control.
d.
Interpretation. In their implementation and application, the provisions of the Zoning Ordinance shall be held to be minimum requirements. The Planning Commission shall have the power to hear and decide appeals of any order, requirement, permit, decision or determination made by the Community Development Director in the enforcement or administration of the Zoning Ordinance.
e.
Applicability. The Zoning Ordinance shall apply to all property except public streets, whether owned by private persons, firms, corporations or organizations; by the United States of America or any of its agencies; by the state or any of its agencies or political subdivisions; by any city or county, including the City of Oakley or any of its agencies; or by any authority or district organized under the laws of the state. Such applicability shall be to the full extent that they may now or hereafter be enforceable in connection with the activities of any public agency or organization.
f.
Districts Established. The Districts established by the Zoning Ordinance shall be as follows:
AL | Limited Agricultural District |
A-4 | Agriculture Preserve District |
R-6 | Single Family Residential District |
R-7 | Single Family Residential District |
R-10 | Single Family Residential District |
R-12 | Single Family Residential District |
R-15 | Single Family Residential District |
R-20 | Single Family Residential District |
R-40 | Single Family Residential District |
M-9 | Multiple Family Residential District |
M-12 | Multiple Family Residential District |
M-17 | Multiple Family Residential District |
MH | Manufactured Home District |
AHO | Affordable Housing Overlay District |
CD | Commercial Downtown |
RB | Retail Business District |
C | General Commercial District |
BPH | Business Park High |
BPL | Business Park Low |
CR-A | Commercial Recreation, Aquatic |
CR-NA | Commercial Recreation, Non-Aquatic |
LI | Light Industrial District |
UE | Utility Energy District |
P | Public and Semi-Public District |
A-4 | Agriculture Preserve District |
DR | Delta Recreation District |
PR | Parks and Recreation District |
P-1 | Planned Unit Development |
SP-1 | Specific Plan |
g.
Consistency of Zoning Ordinance with Oakley General Plan. All actions, approvals and procedures taken in regard to the Zoning Ordinance shall be consistent with the Oakley General Plan. In the event the Zoning Ordinance becomes inconsistent with the Oakley General Plan by reason of the adoption of a new plan, or by amendment of the existing plan or any of its elements, the Zoning Ordinance shall be amended within a reasonable time so that it is consistent with the adopted plan or remains consistent with the existing plan as amended. Accordingly, all Zoning Ordinance amendments shall be consistent with the Oakley General Plan.
