Rio Vista City Zoning Code
CHAPTER 17
02 INTRODUCTORY PROVISIONS AND DEFINITIONS
§ 17.02.010 Short title.
This title shall be known as the "Zoning Ordinance of the City of Rio Vista."
(Prior code Appendix B § 802; Ord. 001-2024, 2/20/2024)
§ 17.02.020 Adoption, title, purpose and objectives.
A.
There is adopted a zoning ordinance (text and map), as provided by Title 7, Chapter 4 of the Government Code of the state of California.
B.
The title of the ordinance codified in this title shall be known as the "Zoning Law of the City of Rio Vista."
C.
The purpose of adoption of said ordinance is to make the zoning law consistent with the newly adopted city's general plan, according to Section 65862 of the Government Code as filed with the Secretary of State June 29, 1973.
D.
The zoning regulations are adopted to protect the public health, safety, peace, comfort, convenience, prosperity and general welfare. More specifically, this title is adopted in order to achieve the following objectives:
1.
To provide a precise guide for the physical development of the city in such a manner as to achieve progressively the arrangement of land used depicted in the general plan adopted by the city council;
2.
To foster a harmonious, convenient, workable relationship among land uses;
3.
To promote the stability of existing land uses that conform with the general plan and to protect them from inharmonious influences and harmful intrusions;
4.
To ensure that public and private lands ultimately are used for the purposes which are most appropriate and most beneficial from the standpoint of the city as a whole;
5.
To prevent excessive population densities and overcrowding of the land with structures;
6.
To promote a safe, effective traffic circulation system;
7.
To foster the provision of adequate off-street parking and off-street truck-loading facilities;
8.
To facilitate the appropriate location of community facilities and institutions;
9.
To promote commercial and industrial activities in order to strengthen the city's tax base;
10.
To protect and enhance real property values;
11.
To safeguard and enhance the appearance of the city.
(Prior code Appendix B § 102; Ord. 001-2024, 2/20/2024)
§ 17.02.030 Nature of zoning regulations.
This title shall consist of a zoning map designating certain districts and a set of regulations controlling the uses of land; the density of population; the bulk, locations, and uses of structures; the areas and dimensions of sites; the appearance of certain uses, structures, and signs; requiring provision of usable open space, screening and landscaping, and off-street parking and off-street loading facilities; and controlling the location, size and illumination of signs.
(Prior code Appendix B § 103; Ord. 001-2024, 2/20/2024)
§ 17.02.040 Definitions.
For the purpose of this title, certain words and terms used herein are defined as follows:
All words used in the present tense shall include the future tenses; all words in the plural number shall include the singular, and all words in the singular number shall include the plural number, unless the natural construction of the wording indicates otherwise. The word "lot" includes the word "plot"; the word "building" includes the word "structure"; and the word "shall" is mandatory and not directory. The word "city" as used herein shall mean the city of Rio Vista, state of California; the words "city council" shall mean the "city council of the city of Rio Vista, state of California"; the words "planning commission" shall mean the "city planning commission of the city of Rio Vista, state of California"; and the words "city boundary" shall mean the "boundary of the city of Rio Vista, state of California."
means parcels of land having a common property line, also adjoining or with contiguous boundaries.
means a building or portion of a building that provides complete independent living facilities for one or more persons and is located on, and permanently attached to/stationary, a parcel with a proposed or existing primary dwelling. An accessory dwelling unit also includes the following: (a) an efficiency unit, as defined in Section 17958.1 of the Health and Safety Code; and (b) a manufactured home, as defined in Section 18007 of the Health and Safety Code. "Attached accessory dwelling unit" means an accessory dwelling unit that is structurally attached to the primary dwelling but which has independent, direct access from the exterior. "Detached accessory dwelling unit" means an accessory dwelling unit that is not structurally attached to the primary dwelling.
means a used or detached structure subordinate to the principal use on the same lot and serving a purpose customarily incidental to the principal use.
means an occupied residence in which a person provides day care for adult persons other than his or her own family or persons employed as facility staff. For the purposes of this title a "day care home" is defined as any facility having six or fewer persons at any one time.
means the cultivation of land and raising of plants or animals for commercial use and includes agricultural processing, crop storage and related facilities and structures, and housing of agricultural employees. Retail sales of products is limited to the sale of wine at wineries and products grown on the premises from roadside stands.
means any structure (manmade or natural) that may hazardously affect the navigable airspace for take-off and landing of aircraft.
means noise produced by taking off or landing aircrafts and expressed by noise contours as established by the State Department of Aeronautics.
means a publicly or privately owned area of land designed and set aside or used for the landing and take-off of aircraft.
means any public or private way 30 feet or less in width which affords only a secondary means of access to abutting property.
means all property fronting on one side of a street, between intersecting and intercepting streets or between a street and a waterway, dead-end street, major easement or right-of-way or unsubdivided land. An intercepting street shall only determine the boundary of a block on the side of a street which it intercepts.
means a dwelling other than a hotel where lodging or lodging and meals for three or more persons is provided for compensation.
means the total area of a lot that is directly covered by the footprint of a building as measured from exterior wall to exterior wall.
means the height of the highest part of the building above finished grade.
means lines defining building area.
means a lot or parcel of land, occupied or to be occupied by a main building and accessory buildings, or by a dwelling group and its accessory buildings, together with such open spaces as are required by the terms of this title and having its principal frontage on a street, road, highway or waterway or open area if developed under optional design.
means any structure having a roof supported by columns or by walls and designed for the shelter or housing of any person, animal or chattel.
"Main building" means a building in which is conducted the principal use of the lot and/or building site on which it is situated.
means the purchase, sale or other transaction involving the handling or disposition (other than is included in the term "industry" as defined herein) of any article, substance or commodity for profit of livelihood including, in addition, office buildings for services.
means paved accessible and usable covered space of not less than 10 feet by 20 feet for the storage of vehicles.
means land used or intended to be used for the burial or interment of dead persons and dedicated or otherwise legally designated for cemetery purposes. Cemetery includes columbaria, crematories, chapels, mausoleums and garden crypts and may include administrative offices when operated in conjunction with and within the boundary of such cemetery.
In determining whether or not a commercial amusement center is the primary business use of a premises one of the following conditions shall exist:
Any premises containing a combination of five or more electronic gaming devices, billiard-pool tables, games or other forms of skill or amusement shall be classified as a commercial amusement center; or
Any premises where 50% or more of the total business floor area (excluding hallways, bathrooms and food preparation areas) is devoted to electronic gaming devices, billiard-pool tables, games, or other forms of skill or amusement shall be classified as a commercial amusement center. In computing business floor areas each amusement device shall be required to have a minimum floor area of three feet around each device.
Any commercial amusement center as defined herein in the allowed districts of the city as of the effective date of Ordinance No. 404 shall within six months after the effective date of Ordinance No. 404 comply with the conditions set forth in this subsection and Sections 17.26.030(A) and 17.42.060 or terminate the use. |
means any place of amusement erected or maintained for recreation, amusement or entertainment purposes where the public or members are invited or allowed to attend or assemble, except city, county, state and federal park and recreational facilities.
Although not intended to be specifically limited thereby, examples of commercial recreation are carnivals, side shows, and circuses wherein are exhibited feats of horsemanship, trained animals, clowns, acrobats, or trapeze performances, or amusement devices, games, or other forms of skill or amusement; bowling alleys, private golf courses, private tennis courts, recreation halls, private and/or public gymnasiums, private recreation centers, billiard and pool halls, theaters, private stadiums and recreation areas; tourist shops and restaurants and other commercial facilities subordinate to the tourist industry. |
means a parcel or parcels of land, together with the improvements thereon, the use and enjoyment of which are shared by the owners and occupants of the individual building sites in the planned unit.
means a structure and appurtenant premises divided in ownership by the existence of condominiums as now or hereafter defined in Section 783 of the Civil Code of the state of California, and shall include instances where ownership is so divided following prior single ownership of the entire structure and premises, as well as new structures and premises so divided in ownership.
means: (1) any facility other than an occupied residence which provides nonmedical care to persons in need of personal services, supervision or assistance essential for sustaining the activities of daily living, or for the protection of the individual on less than a 24-hour basis; (2) any facility including an occupied residence which receives more than six persons for day care at any one time.
means an occupied residence in which a person provides day care for persons other than his or her own family or persons employed as facility staff. For the purposes of this title, a "day care home" is defined as any facility having six or fewer persons at any one time.
means a plan graphically describing proposed buildings, structures, layout and other required information submitted in conjunction with an application for discretionary review and approval either under a use permit or planned unit development permit.
means a portion of the city within which certain uses of land and buildings are permitted or prohibited and within which certain yards and other open spaces are required and certain height limits are established for buildings, all as set forth and specified in this title.
means a restaurant with facilities for service to patrons who remain in their vehicles.
"Second-family dwelling unit (accessory apartment)" means any residential dwelling unit which provides complete independent living facilities on the same parcel as a legal single-family residence and including, but not limited to, the permanent provisions for living, sleeping, eating, cooking and sanitation. A second dwelling unit also includes efficiency units and manufactured homes.
means a building or a portion thereof designed and used exclusively for residential occupancy, including one-family, two-family dwellings and multiple-family dwellings, small residential care facility, transitional and supportive housing, but not including hotels, motels or boardinghouses.
means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. Such a facility must include other interim interventions, including, but not limited to, navigation centers, bridge housing, and respite or recuperative care.
means housing as described in California Health and Safety Code Sections 17021.5 and 17021.6, and employee housing as defined in California Health and Safety Code Section 17008, including farm worker housing.
means a licensed home in which the day care provider resides and that provides family child care for up to 12 children, or for up to 14 children, if the criteria in Health and Safety Code Sections 1597.44 and 1597.465 are met, as set forth in Health and Safety Code Section 1596.78 and as may be amended from time to time by state law, and holding a license from the state to operate as such. A family day care home is not required to hold a business license from the city nor pay a fee or tax to the city to operate.
means one or more persons living together in a dwelling unit, with common access to, and common use of all living, kitchen, and eating areas within the dwelling unit.
See "Employee housing—Agricultural."
means an area which has been inundated by overflow floodwaters in the past and which may reasonably be expected to be inundated by such floods in the future.
means the enclosed area of a building measured from exterior surface to exterior surface, but excluding the following: exterior balconies and galleries covered but not enclosed; patios, atriums and the like if not covered; common use areas for all tenants; garages.
means an accessible and usable uncovered space of not less than nine by 20 feet per vehicle for the parking of automobiles off the street. Such space to be so located on the lot so as to meet the requirements of this title for an accessory building. A turning radius of a minimum of 25 feet shall be required for any parking space that does not have egress and ingress directly off the street.
"Private garage" means an accessible and usable covered and completely enclosed space of not less than 10 by 20 feet per vehicle for storage of automobiles. Such garage to be so located on the lot so as to meet the requirements of this title for an accessory building, or if attached to the main building, to meet all the requirements applicable to the main building. A turning radius of at least 25 feet shall be required for any garage where the access does not directly face the street.
"Public garage" means a structure or portion thereof, other than a private garage used for the storage, sale, hire, care, repair or refinishing of self-propelled vehicles or trailers; except that a structure or part thereof used only for storage or display of self-propelled passenger vehicles, but not for transients, and at which automobile fuels and oils are not sold and motor-driven vehicles are not equipped, repaired, or hired, shall not be deemed to be a public garage.
means all activities including plugging and abandonment of wells, in connection with exploration, drilling, production and gathering of natural gas together with the operation of all equipment and appurtenances incident to such activities.
means an area to be reserved or retained for exploration, development, and production of natural gas.
means the gaseous components or vapors contained in or derived from petroleum, natural gas and associated liquids.
means the general plan of the city of Rio Vista, California, as adopted by the city council, November 15, 1973, as amended.
means areas where the physical characteristics of land forms which either in their natural state or through alteration by man, pose dangers of destruction of property or threat to life, including, but not limited to, earthquake fault zones, slope, instability, and the like.
are defined as detached living quarters of permanent construction, without kitchens, which are clearly subordinate and incidental to the use of the main building on the same lot. Guest houses shall not be leased or rented, in whole or in part, independently of the main building.
means self-employment within a residence. Home occupations does not include family day care home, as defined in this section.
means an incorporated, nonprofit organization operating under recorded land agreements through which: (a) each lot owner in a planned unit or described land area is automatically a member; and (b) each lot is automatically subject to a charge for a proportionate share of the expenses for the organization's activities, such as maintaining a common property. Not subject to city enforcement. Also, may be known as a property owner's association.
means any building or portion thereof containing six or more guest rooms used, designed or intended to be used, let or hired out to be occupied, or which are occupied by six or more individuals for compensation for hire paid directly or indirectly.
means a residential unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A JADU shall include an efficiency kitchen. A JADU may share sanitation facilities with the primary dwelling.
means any parcel or portion of a parcel of property where any of the following practices or operations take place.
The storage of discarded, used and manufactured apparatus, lumber, building materials, equipment, motor vehicles, automobile parts, scrap metals, appliances, paper, crockery, furniture, glassware or other manufactured or assembled items, whether or not for purposes of sale;
The salvaging, dismantling, wrecking, reassembling or burning of any of the foregoing items.
means a home that provides family child care for up to 12 children, or for up to 14 children if the criteria in Section 102416.5(d) of the State of California Health and Human Services Agency, Department of Social Services Manual of Policies and Procedures Community Care Licensing Division Family Child Care Homes Title 22, Division 12, Chapter 3 are met. These capacities include children under age 10 who reside at the licensee's home and the assistant provider's children under age 10.
means the possessor of the right to explore for, develop and produce natural gas resources, including the right of surface use, pursuant to a lease from the mineral owner.
means the area of property occupied above grade by the principal building or buildings, accessory buildings, parking areas, driveways, a/c pads, trash enclosures, staircases and second-story staircase landings.
"Front lot" means the narrowest dimension of the lot facing a street.
"Rear lot" means the lot boundary at the maximum distance from the front lot line.
"Side lot" means any lot boundary not a front or rear lot line.
See "Building site."
means a Housing First, low barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.
means a permanent structure attached to and supported by the building and projecting over public property.
means the owner of the right to explore and produce gas, including the right to use the surface for gas exploration and production.
means any area or tract of land where one or more mobilehome spaces are rented or leased or held out for rent or lease to accommodate mobilehomes used for human habitation.
means a structure transportable in one or more sections designed and equipped as a single-family dwelling unit to be used with or without a foundation system.
means a building or buildings containing individual sleeping or living units, designed for use by automobile tourists or transients, with garage attached or parking space conveniently located to each unit.
means a building, structure, or premises legally existing and/or used at the time of adoption of this title, or any amendment thereto, and which does not conform with the use regulations of the district in which located.
means the retail handling of any article, substance or commodity related to the occupation of gardening, including the sale of plants, shrubs, trees, packaged fertilizers, soils, chemicals and other nursery goods and related products. The bulk sale or bulk storage of fertilizers, soils, chemicals and other garden supplies shall be within a completely enclosed building.
"Wholesale nurseries" means all nurseries other than those defined in the paragraph immediately preceding.
means a large residential care facility or any structure occupied or intended to be occupied, for compensation, by persons recovering from injury or illness, or suffering from the infirmities of old age, and any comparable licensed care facility.
means a site or portion of a site devoted to the loading or unloading of motor vehicles or trailers, including loading berths, aisles, access drives, and landscaped areas.
means a site or portion of a site devoted to the off-street parking of motor vehicles, including parking spaces, aisles, access drives, and landscaped areas.
"Business office" means an office which has as its main function the arrangement of business transactions, the holding of sales meetings and administrative conferences, the receiving of client payments, and the keeping of records and accounts pertaining to the particular business.
"Governmental office" includes post office, police station, farm advisory or control office, and others of a similar nature maintained by the local, state or federal government, but shall not include a civic center.
"Professional office" means an office from which a doctor, lawyer, engineer, or architect or other professional may offer services.
means ownership of property (or possession thereof under a contract to purchase or under a lease the term of which is not less than 10 years) by a person or persons, firm, corporation, or partnership individually, jointly, in common or in any other manner whereby such property is under single or unified control. The term "owner" shall be deemed to mean the person, firm, corporation, or partnership, holding legal or equitable title or recorded contract of purchase of property, or any person authorized by written instrument to act for the owner.
means any structure of any kind or character erected or maintained for outdoor advertising purposes, upon which any outdoor advertising sign may be placed, including also outdoor advertising statuary.
means any individual, public or private corporation, political subdivision, partnership, firm, trust or estate or any other legal entity whatsoever which is recognized in law as the subject of rights or duties.
means a single planned unit as initially designed; or such a unit as expanded by annexation of additional land area; or a group of contiguous planned units, either operating as separate entities or merged into a single consolidated entity.
means a land area which: (a) has both individual building sites and common property such as a park; and (b) is designed and organized to be capable of satisfactory use and operation as a separate entity without necessarily having the participation of other building sites or other common property; the ownership of the common property may be either public or private.
means in existence prior to the effective date of the ordinance codified in this title.
means an existing or proposed residential structure on a parcel. A primary dwelling may be a single-family, duplex, or a multifamily residential structure.
means a use operated exclusively by a governmental agency or public agency, which has the purpose of serving the public health, safety, convenience, or general welfare, and including but not limited to such uses as schools, parks, playgrounds, educational, recreational and social facilities, libraries, museums, firehouses, courthouses, hospitals and administrative service facilities.
means a use operated by a private nonprofit educational, religious, recreational, charitable, fraternal, or medical institution, association or organization, and, including, but not limited to, such uses as churches, private schools, universities, community recreational, educational and social facilities, meeting halls, private hospitals and the like.
means a motor home, travel trailer, truck camper or camping trailer, with or without power, and boats designed for human habitation for recreational occupation.
means any facility, place, or building that is maintained and operated to provide 24-hour care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual and licensed by the state of California for occupation by seven or more persons.
means any facility, place, or building that is maintained and operated to provide 24-hour care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual and licensed by the state of California for occupation by six or fewer persons.
means a facility where food is prepared and served for consumption on the premises. Restaurant does not include drive-in restaurant or a cocktail lounge or bar.
See "Geologic hazard areas."
means the triangular area formed by a diagonal line connecting two points located on intersecting right-of-way lines (or right-of-way line and the curb or a driveway), 30 feet from the intersection and the two intersecting right-of-way lines (or a right-of-way line and a driveway).
means anything whatsoever placed, erected, constructed, posted, painted, tacked, nailed, glued, stuck, carved or otherwise fastened, affixed or made visible for out-of-door advertising purposes in any manner whatsoever, on the ground or on any tree, wall, bush, rock, post, fence, building, structure or thing whatsoever. Includes outdoor advertising signs.
"General advertising sign" means any sign for out-of-door advertising purposes four square feet or more in area, which is not appurtenant to the property it occupies.
"Marquee sign" means a sign, which may be placed on, attached to, or constructed in a marquee.
"On-site sign" means a sign attached to a building or placed on the premises within 50 feet of a building, which is clearly appurtenant to the use of the premises or building.
"Political sign" means any temporary sign which is designed to influence the action of voters for passage or defeat of any measure on the ballot of any election or for the election or defeat of a candidate for election to any public office.
"Temporary sign" means any other advertising display not normally requiring building permit approval, which may be intended to be displayed for a limited period of time, not to exceed 30 days.
means a residential facility where living accommodations are individual secure rooms, with or without separate kitchen or bathroom facilities for each room, and rented to one or two-person households for a weekly or monthly period of time. This use classification includes extended stay hotels intended for long-term occupancy (more than 30 days) but excludes hotels and motels, and residential care facilities.
"Private street" means a right-of-way or easement used for vehicular and/or pedestrian traffic privately owned and maintained, e.g., a private street, road, highway, thoroughfare, drive, and access to abutting property.
"Public street" means a street, road, highway, thoroughfare, drive, lane or way affording the principal means of access to abutting property, and dedicated to, or maintained by city, county or state government.
means any change in the supporting members of a building, such as bearing walls, columns, beams or girders.
means anything constructed or erected, the use of which required location on the ground or attachment to something having location on the ground including swimming pools and patio covers but not including paved area.
means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an on-site or off-site service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.
means a person whose period of residence at the place where he or she is staying does not exceed 120 days.
means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance.
means a document issued by the city for revocable, conditional and/or valid for a time period for any of the uses for which land or premises of a building thereon are designed, arranged or intended or for which they are, or may be occupied or maintained.
means the purpose for which land or premises or a building thereon is designed, arranged, or intended, or for which it is, or may be occupied or maintained.
"Principal use" means the primary use of land or buildings as distinguished from a subordinate or accessory use.
means an open space other than a court on the same lot with a building, which open space is unoccupied and unobstructed from the ground upward, except as otherwise permitted in the general regulations.
"Front yard" means a yard extending across the front of the lot between the inner side yard lines and measured from the front line of the lot to the nearest line of the main wall of the building or main wall of any covered porch; provided that, if any building line or official plan line has been established for the street upon which the lot faces, then such measurement shall be taken from such building line or official plan line to the nearest line of the building.
"Rear yard" means a yard extending across the full width of the lot and measured between the rear line of the lot and the nearest line of the main wall of the main building.
"Side yard" means a yard between the side line of the lot and the nearest line of the main wall of the building and extending from the front line of the lot to the rear yard.
means a portion of the territory of the city within which certain uniform regulations and requirements of combinations thereof apply under the provisions of these regulations. The word "zone" shall include the word "district."
means the person appointed by the city administrator as zoning administrator of the city.
means a document issued by the zoning administrator, certifying that proposed buildings, structures, or uses are consistent with the terms of this title so long as they comply with other requirements hereof.
(Prior code Appendix B § 201; Ord. 589 § 2, 2002; Ord. 593 § 1, 2003; Ord. 009-2015 § 2; Ord. 011-2018 § 3; Ord. 007-2020 § 4; Ord. 003-2021 § 3; Ord. 010-2021 § 3; Ord. 010-2023, 10/3/2023; Ord. 001-2024, 2/20/2024)