An overlay zone is a zoning district that encompasses one or more underlying zones and imposes additional or alternate requirements to those of the underlying zone. Overlay zones deal with special situations that are not appropriate to a specific district or that apply to several zones. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

The purpose of this chapter is to help protect the health, safety, and general welfare of people in the vicinity of the Sacramento Executive Airport and to improve air navigation safety. More specifically, this chapter is intended to provide for the sensible growth and maintenance of the airport environs, and to effectuate the policies reflected in the Airport Land Use Commission Law in California Public Utilities Code section 21670 et seq., and the Executive Airport Comprehensive Land Use Plan ("CLUP") as revised by the Airport Land Use Commission in May 1998 and May 1999. Some existing development in the area surrounding the Sacramento Executive Airport is inconsistent with the compatibility guidelines set forth in the CLUP and in this chapter. The CLUP and this chapter are primarily directed at preventing new problems of land use incompatibility, rather than removing existing incompatible uses. Existing incompatible land uses may continue notwithstanding other requirements of this chapter. However, with the exception of those uses identified in section 17.312.100, no incompatible land use may be expanded or changed to another incompatible land use. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

Any proposal to construct, enlarge, or alter any building, structure, or related facility that is occupied or proposed to be constructed for occupancy on land leased by the county of Sacramento at the Sacramento Executive Airport shall be referred to the county director of airports. The county director of airports shall confer, coordinate, review, and act on such proposals with the planning director. All proposals shall be reviewed for conformity with adopted plans for the Sacramento Executive Airport and all agreements relating thereto between the city and county of Sacramento. Upon an affirmative recommendation from the planning director, the county director of airports has authority under this chapter to approve the proposal. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

Unless otherwise stated, as used in this chapter the words and terms below have the following meanings:

   "Height of a structure" means the vertical distance from the average elevation of the finished lot grade to the high point of the structure. Roof-top mechanical equipment, whether or not housed in a penthouse, is not included in this measurement.

   "Shopping center" means a group of five or more architecturally unified commercial establishments, managed as a unit, and with common off-street parking and vehicular access points.

   "Structural lot coverage" means that portion of a lot covered by all structures on the same lot. For the purposes of this definition, a shopping center shall be considered a single lot. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   A.   General.

      1.   Three categories of land use restrictions are included in the Executive Airport Comprehensive Land Use Plan:

         a.   Height restrictions (protecting the navigable airspace around airports for aircraft safety);

         b.   Noise compatibility (minimizing the number of people exposed to noise from aircraft operations); and

         c.   Safety of persons on the ground (minimizing the number of people exposed to hazards related to aircraft operations and accidents).

      2.   Airport planning boundaries define areas where height, noise, or safety restrictions are imposed.

         a.   Height standards for defining obstructions to air navigation are established by the Federal Aviation Administration (FAA) and are defined in Federal Aviation Regulations (FAR) Part 77, Objects Affecting Navigable Airspace.

         b.   Noise restrictions are governed by California Administrative Code, title 21, subchapter 6.

         c.   Airport safety areas are determined by the airport land use commission. The total area encompassed by these three sets of boundaries is referred to as the "airport area of influence."

   B.   Height standards.

      1.   Height restrictions are necessary to ensure that objects will not impair flight safety or decrease the operational capability of the airport. Any object or structure that would penetrate any of the imaginary surfaces (defined below) is considered by the Federal Aviation Authority (FAA) to be an obstruction to air navigation. Height guidelines for determining if an object is an obstruction to air navigation are set forth in Federal Aviation Regulation (FAR) Part 77.

      2.   Any proposed new construction or expansion of existing structures that would penetrate any of the imaginary surfaces, as adopted by the airport land use commission, is deemed to be an incompatible land use unless either the FAA has determined that the proposed structure does not constitute a hazard to air navigation or the CalTrans Aeronautics Program has issued a permit allowing construction of the proposed structure. Process and requirements of these agencies are identified in the Executive Airport Comprehensive Land Use Plan (as amended 1998).

   C.   Noise restrictions. The state of California has established noise standards in the California Code of Regulations, title 21, subchapter 6, which designate the community noise equivalency level (CNEL) as the noise rating method to be used at airports in California.

      1.   The state has deemed the following land uses incompatible within the noise contours adopted for the Sacramento Executive Airport of 65 dB CNEL: residential dwellings; public and private schools; hospitals and convalescent homes; churches, synagogues, temples, and other places of worship.

      2.   State Building Code, Part 2, Title 24, Section 3501, establishes a standard that limits noise to 45 dB CNEL, in any habitable room in affected dwellings. For residential dwellings, other than detached single-unit dwelling, in areas having an airport-caused CNEL greater than 60 dB, the code requires an acoustical study showing that the structure has been designed to meet the interior standard of 45 dB CNEL.

   D.   Safety areas. Airport safety areas are established to minimize the number of people exposed to aircraft crash hazards. This is accomplished by placing restrictions on land uses in various safety areas. Land use compatibility is determined by comparing proposed land uses against height, noise, and safety guidelines. Proposed land uses must be compatible with each. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   A.   The EA designation appearing after a land use classification on the official zoning map means the property is subject to the requirements and restrictions set forth in this chapter in addition to those of the underlying zone. If a provision in this chapter conflicts with another provision in this title, the most restrictive provision applies. Airport safety areas are established to minimize the number of people exposed to aircraft crash hazards. This is accomplished by placing restrictions on land uses in various safety areas.

   B.   The EA designation is applied to the area included within the four airport zones, as generally delineated on Figure 11 of the 1999 CLUP (Exhibit A at the end of this chapter). The four safety areas are: the clear zone; the approach-departure zone 1; the approach-departure zone 2; and the overflight zone. The clear zone (EA-1) is near the end of the runway and is the most restrictive. The approach-departure zones (EA-2, EA-3) are located under the takeoff and landing slopes and are less restrictive. The overflight zone (EA-4) is the area under the traffic pattern and is the least restrictive. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

The "Land Use Compatibility Guidelines for Safety" table below is adopted for the determination of compatible land uses in the airport area of influence. A "yes" on the table indicates that the use is permitted in the particular zone; a "no" indicates that the use is prohibited in the particular zone; a footnote after a "yes" indicates the use is permitted subject to the limitations stated in that footnote.

 

 

(Ord. 2024-0051 § 20; Ord. 2021-0023 § 39; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   A.   The owner of an existing multi-tenant complex on property located within overlay zones EA-2 or EA-3 may submit a written application to the zoning administrator, requesting permission to establish or modify a land use that is identified in Exhibit B as a "Conditional Use," and is not prohibited by any other provision in this title or code.

   B.   The application shall include:

      1.   A processing fee in the amount established by city council resolution;

      2.   Evidence that the proposed or modified use satisfies the finding mandated in subsection C.2 of this section; and

      3.   Other information as may be requested by the zoning administrator.

   C.   Not more than 30 days after receipt of a complete application, the zoning administrator shall either:

      1.   Notify the applicant in writing that the zoning administrator has determined that the use should not be permit-ted, and a brief statement of the reasons for the determination;

      2.   Without holding a hearing, approve or conditionally approve the use if the director finds that the use will not result in any of the following:

         a.   Above-ground storage of flammable or explosive material; or

         b.   Any structure that exceeds FAA height restrictions; or

      3.   Schedule the matter for a planning and design commission public hearing. The hearing shall be noticed and fees shall be charged in the same manner as for the site plan and design review. The commission shall approve or conditionally approve the use if it finds that the use will not result in any of the conditions specified in subsection C.2 of this section.

   D.   In accordance with the procedures in section 17.812.060, any person may appeal to the planning and design commission a decision of the zoning administrator made pursuant to subsection C.2 of this section, and any person may appeal to the city council a decision of the planning and design commission made pursuant to subsection C.3 of this section. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

Home occupation permits may be issued pursuant to section 17.228.200 if the activity requiring the permit is permitted in the applicable EA overlay zone. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   A.   No land within overlay zones EA-1, EA-2, or EA-3 shall be used:

      1.   For the erection or operation of any object that could reflect the sunlight toward an aircraft engaged in an initial straight climb following takeoff or toward an aircraft engaged in a straight final approach toward a landing at executive airport;

      2.   For the erection or operation of an object that directs a steady light or a flashing light of white, red, green, or amber color toward an aircraft engaged in an initial straight climb following takeoff or toward an aircraft engaged in a straight final approach toward a landing at executive airport, other than an FAA-approved navigational signal light or a visual approach slope indicator (VASI); or

      3.   In a way that would generate a substantial volume of smoke, attract large concentrations of birds, generate electrical interference, or that would otherwise affect safe air navigation in the vicinity of executive airport.

   B.   No land within overlay zones EA-1, EA-2, or EA-3 shall be used for the erection or operation of hazardous installations such as above-ground oil, gas, or chemical storage facilities, but excluding facilities for noncommercial, private domestic, or private agricultural use. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

The standards of concentration of persons per acre are intended to protect public health, safety, and welfare by ensuring that large concentrations of people are not allowed in areas exposed to safety hazards within areas around airports.

   A.   Calculation of the anticipated maximum number of persons per acre associated with a particular use shall be based on the processes described in Appendix A of the 1999 Executive Airport Comprehensive Land Use Plan, as follows:

      1.   Ten persons per acre at any time. Number of persons per acre is calculated as follows:

         a.   Determine size, in gross acres, of the development proposal or project area using a parcel-specific development plan map. If acres are not known, divide project size in square feet by 43,560 to obtain size in acres;

         b.   Determine highest number of persons expected in the proposal or project area at any time during a typical 24 hour period ending at midnight; and

         c.   Divide highest number of persons expected at any time during typical 24 hour period by size of proposal or project in acres to determine highest number of persons per acre at any time.

      2.   Fifty persons per acre at any time. Number of persons per acre is calculated as follows:

         a.   Determine size, in gross acres, of the development proposal or project, using a parcel specific development plan map. If acres are not known, divide project size in square feet by 43,560 to obtain size in acres;

         b.   Determine highest number of persons expected in the proposal or project area at any time during a typical 24 hour period ending at midnight; and

         c.   Divide highest number of persons expected at any time during typical 24 hour period by size of proposal or project in acres to determine highest number of persons per acre at any time.

   B.   At the request of the city, the airport land use commission may perform a review for conformity with the concentrations of persons per acre standards and issue a determination. The commission must be able to review parcel specific development proposals; general plan or zoning amendment proposals for large areas usually do not provide sufficient parcel-specific or site-specific information on which to base a conformity determination on the concentration of persons standard.

   C.   Development proposals found not to contain sufficient site-specific information may be deemed "Incompatible, due to lack of specific information," or may be deemed "Compatible, subject to conditions placed on the project." (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   A.   As used in this chapter, "nonconformity" means a land use or structure that:

      1.   Existed or was lawfully under construction on the effective date of the ordinance that first adopted this title as the Planning and Development Code of the City of Sacramento, or existed prior to that date and became vacant or unoccupied less than one year prior to the effective date of the ordinance codified in this chapter; and

      2.   Was legal immediately prior to the effective date of the ordinance that first adopted this title as the Planning and Development Code of the City of Sacramento; and

      3.   Does not conform to a provision contained in this chapter.

   B.   A nonconformity may be continued subject to the provisions of this subsection. Existing incompatible land uses may continue; however, no incompatible land use may be changed to another incompatible land use. No incompatible land use, building, or structures may be expanded, except single-unit dwelling detached residences and schools that would increase in capacity by less than one-third.

   C.   A nonconformity shall not be expanded, enlarged, or changed to another use prohibited by this chapter except as provided in subsection E; only repairs that are part of normal, necessary maintenance and construction activity not likely to facilitate expansion, enlargement, or change in use of the nonconformity are permitted.

   D.   The cessation of the use of a nonconforming structure or nonconforming land use for a period of one year, commencing on or after the effective date of the ordinance codified in this chapter, terminates all rights in the nonconformity. This subsection does not apply to single-unit dwellings.

   E.   Permitted changes in nonconformities.

      1.   No incompatible land use, building, or structure may be expanded, except:

         a.   Single-unit dwelling detached residences; and

         b.   Schools that would increase in capacity by less than one-third.

      2.   If any incompatible land use, building, or structure is damaged and the damage exceeds 50 percent of the value of the use, building, or structure, any subsequent land use must be in conformity with this chapter, except the following:

         a.   Single-unit dwelling detached residences;

         b.   Schools; and

         c.   A nonconforming structure or a structure devoted to a nonconforming use, may be rebuilt even though the cost of reconstruction is greater than 50 percent of the replacement value of the structure immediately prior to the damage if the nonconforming structure, or any expansion or modification of that structure, was authorized by a city approval of discretionary entitlements given within two years of the date of damage. Pursuant to this provision, a nonconforming structure or structure devoted to a nonconforming use may be rebuilt to its previously approved size without any further discretionary entitlements.

   F.   Discretionary changes in nonconformities.

      1.   Notwithstanding subsection E, a property owner may submit a written application requesting authorization to expand or enlarge a nonconformity, or to reconstruct a structure for a similar or less intensive nonconforming use.

      2.   The procedure applicable to a conditional use permit in chapters 17.800 and 17.808 govern the application except as provided in subsection F of this section.

      3.   The planning and design commission, and the city council on appeal, may grant or conditionally grant a request submitted pursuant to this subsection F only after finding that either:

         a.   Under the circumstances of the particular case the benefit to the public health, safety, and welfare outweighs any detriment inherent in such change; or

         b.   That the literal application of the provisions of this chapter will result in practical difficulties or unusual hardships for the property owner that outweigh the public purposes articulated in section 17.312.010.

      4.   Approval or conditional approval of a request submitted pursuant to subsection F, may occur notwithstanding noncompliance with any finding mandated in section 17.808.020. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   A.   Prior to action by the planning director, planning and design commission, or city council, the following proposed actions shall be referred to the airport land use commission for review and determination of compatibility: adoption or amendment of a general plan, specific plan, zoning ordinance, or building regulation, that could affect the area within the executive airport planning area in a manner inconsistent with the purposes articulated in section 17.312.010.

   B.   Upon timely receipt by the planning director of a determination by the airport land use commission that a proposed action is inconsistent with the executive airport comprehensive land use plan, the planning and design commission shall, in a public hearing, review and consider that determination. The planning and design commission shall recommend to the city council approval, conditional approval, or denial of the proposed action. The proposed action shall then be heard in a public hearing before the city council. The city council may approve or conditionally approve the proposal only with a two-thirds or greater vote and adoption of specific findings that the proposed action is consistent with the purposes of the state Airport Land Use Law in California Public Utilities Code section 21670 et seq.

   C.   In the event that the airport land use commission fails to notify the planning director of its determination on a proposed action within 60 days from the receipt of the proposed action, the proposed action shall be deemed consistent with the executive airport comprehensive land use plan, and may thereafter be approved, conditionally approved, or denied in the manner provided in this chapter, or other provisions of this title or code. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

Exhibit A

The following uses are considered compatible uses within existing multi-tenant complexes, and are not subject to the concentration of persons-per-acre requirement for uses located within approach-departure zones 1 and 2 (EA-2 and EA-3). Multi-tenant uses consist of business parks, industrial clusters, office buildings for rent or lease, and neighborhood and community shopping centers. Only those multi-tenant uses in existence as of May 20, 1999 are considered to be existing uses. All multi-tenant uses approved after that date are subject to the persons-per-acre requirement established by the Sacramento Executive Land Use Compatibility Guidelines for Safety in section 17.312.060.

Aircraft sales

Ambulance service

Antique store

Appliance store

Art gallery

Art supplies-store

Auto body and fender shop

Auto car wash

Auto dealer

Auto parts house

Auto rental company

Auto repair shop

Auto upholstery

Bait shop

Bakery (no table service or serving of meals)

Bank

Barber shop

Beauty shop

Bicycle shop

Blueprinter

Boat sales

Bookstore

Broadcasting studio (without live audience)

Building contractor

Building supplies

Cabinet shop

Camera store

Camper sales

Candy store

Canteen or vending service center

Cigar store

Cleaning-laundry agency

Clothing store

Collection agency

Contractor's shop

Cookware shop

Costume shop

Credit union association

Curio or novelty shop

Delicatessen (no table service)

Dental office

Department store (under 3000 sq. ft.)

Dress shop

Drug store (under 3000 sq. ft.)

Electrical contractor

Electrical goods store (retail)

Employment agency

Employment rental and sales yard

Fabric store

Feed store-retail only

Finance, insurance, and real estate

Floor covering

Florist

Food store (specialized, under 6400 sq. ft.)

Furniture refinishing

Furrier shop

General contractor

Gift card shop

Gift shop

Glazier shop

Grocery (under 6400 sq. ft.)

Hardware store

Hat shop

Hearing aid sales and service

Heating and sheet metal contractor

Hobby supplies store

Home improvement center retail (under 6400 sq. ft.)

Ice cream parlor (no table service or serving of meals)

Interior decorator's studio

Janitorial service company

Jewelry store

Knit shop

Lapidary shop

Laundromat-self-service

Laundry-commercial

Lawnmower sales and service

Leather goods store

Liquor store

Loan office

Locksmith

Masseur

Meat market

Medical office

Messenger service

Millinery shop

Motorcycle and power scooter sales

Music store and instrument repair

Newsstand

Notions store (under 6400 sq. ft.)

Nursery, plants, etc.

Office

Office equipment sales and service

Optician

Oriental rug shop

Orthopedic supply

Paint store

Pawn shop

Pest control service

Pet shop

Photo engraving shop

Photographic studio

Plumbing contractor

Pottery and glass store

Power tool sales

Prescription pharmacy

Printing plant

Public stenographic service

Radio and television sales and service

Real estate office

Recording studio (without live audience)

Records-poster (under 6400 sq. ft.)

Roofing or building contractor

Rug and drapery shop

Savings and loan company

Second hand store

Service station

Sewing machine sales

Sheetrock or plastering contractor

Shoe repair shop

Shoe store

Shoeshine stand

Sign shop

Spa and pool sales

Sporting goods store

Stamps and coins

Stationary stores

Tailor

Taxidermist

Tile contractor

Tire shop-including recapping

Tobacco shop

Toy shop (under 6400 sq. ft.)

Trailer sales yard

Trophy and emblem store

Upholstery shop

Used car lot

Variety store (under 6400 sq. ft.)

Veterinary services

Voice studio

Watch repair shop

Wholesale store and distributors

Wig sales

Yardage shop

-or any combination of permitted uses

The following uses are considered conditionally compatible uses within existing multi-tenant complexes, and are not subject to the concentration of persons-per-acre requirement for uses located within approach-departure zones 1 and 2 (EA-2 and EA-3). These uses must meet all of the other requirements for compatible uses contained in Title 17, and must be approved by the city pursuant to section 17.312.070.

 

 

(Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

Since the American River and its adjacent flood plain are situated within an intensively-developed urban area, it is necessary to mitigate the potential adverse environmental impacts associated with contiguous urban development. The special development regulations for this overlay zone serve to reduce those impacts that are incompatible with the maintenance of the American River as a natural resource. This chapter also implements the general plan and the American River Parkway plan. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

As used in this chapter, "American River Parkway corridor" (or "PC") means all that property within the city of Sacramento zoned ARP-F. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   A.   The PC designation appearing after a land use classification on the official zoning map indicates that the property is subject to the requirements and restrictions in this chapter in addition to those of the indicated land use classification (underlying zone).

   B.   The PC designation may be applied to all areas of the city for which the council determines that development might have an impact upon the preservation or enhancement of the scenic, recreational, fishery, or wildlife value of the American River Parkway.

   C.   Except for the height limitations in section 17.332.070.B.2 and the minimum setbacks contained in section 17.332.070.F, this chapter does not apply to single-unit and two-unit detached dwellings. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

Except as otherwise provided in this chapter, the uses permitted in the PC zone are those permitted in the underlying zone. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

In granting a conditional use permit, the planning and design commission may impose conditions it deems necessary to implement the general plan and the American River Parkway Plan and to protect the scenic, recreational, fishery, and wildlife value of the American River Parkway, including the following:

   A.   Requirement of setbacks and yards greater than the minimum required by this chapter or by the underlying zone;

   B.   Requirement of screening of any portion of the use from adjoining premises or from any street by walls, fences, planting, or other devices in addition to that required by section 17.332.070;

   C.   Modification of the exterior features or appearance of any structure to preserve property values;

   D.   Limitation of size and extent of facilities, machine capacity, number of employees or occupants, and method or times of operation;

   E.   Regulation of number, design, and location of access drives or other traffic features;

   F.   Location, design, and capacity of utilities;

   G.   Control of location, number, color, size, height, lighting, and landscaping of signs in addition to the requirements of section 17.332.070.E and F (but not for the content or graphic design of the message displayed);

   H.   Maintenance of the grounds, landscaping, and irrigation system;

   I.   Regulation of noise, vibration, odors, and other similar performance standards;

   J.   A time period within which the proposed use must be developed, plus any duration of the conditional use permit;

   K.   Phasing of the development plan; and

   L.   A bond or deposit of money for the completion of street improvements and other facilities or to guarantee the change or removal of any designated use or structure within a specified period of time to assure faithful performance on the part of the applicant. (Ord. 2025-0007 § 28; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

Notwithstanding any provision of the zoning district chapters of Division II of this title or chapter 15.148, the uses listed below are prohibited in the PC zone.

   A.   Airport.

   B.   Amusement center, outdoor.

   C.   Animal slaughter.

   D.   Drive-in theater.

   E.   Heliport; helistop.

   F.   Junk yard.

   G.   Kennel.

   H.   Livestock yard.

   I.   Passenger terminal.

   J.   Railroad-yard, shop.

   K.   Terminal yard, trucking.

   L.   Veterinary clinic; veterinary hospital. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   A.   General rule. All regulations of the underlying zone apply to the PC zone unless a more restrictive regulation is set forth in this chapter. Chapter 15.148 applies to signs in the PC zone unless a more restrictive regulation is set forth in this chapter.

   B.   Height.

      1.   Definitions. As used in this chapter, the following words have the meanings set forth in this subsection.

            "Height" means the vertical distance from the finished grade of a building site to the high point of the building, structure, or other improvement.

            "High point" means the peak of the roof, mechanical apparatus, lighting stand, sign, or other structural feature that extends to the greatest vertical distance above the finished grade of the building site.

            "Reference line" means a line that is (i) parallel to and 10 feet landward from the landside toe of the levee, or (ii) the landward boundary of a recorded levee maintenance easement, whichever is more landward.

      2.   Maximum height.

         a.   The height of any building, structure, sign, pole, lighting standard, or other improvement erected, constructed, altered, enlarged, or modified shall not be more than five feet above the levee crown closest to the building site.

         b.   The maximum height may be increased by one foot for each five feet by which the distance from the building, structure, or improvement to the reference line exceeds 25 feet.

         c.   Notwithstanding subsection B.2.b, the height of any building, structure, sign, pole, lighting stand, or other improvement shall not exceed the maximum height permitted for the underlying zone or 75 feet, whichever is less.

   C.   Visible width.

      1.   Definition. As used in this paragraph, "visible width" means the distance between the two parallel lines that start at the two opposite corners of the side of the building or structure most nearly parallel to the reference line and that run perpendicular to (or nearly perpendicular to) and intersect the reference line.

      2.   Maximum visible width. The maximum visible width of buildings or structures is 250 feet.

   D.   Color and glare.

      1.   Buildings, structures, signs (but not for the content or graphic design of the message displayed), poles, lighting standards, and other improvements shall have an exterior surface that is painted in earth tones or finished in one or more of the following materials:

         a.   Natural wood;

         b.   Natural earth-toned stone, rock, or masonry; or

         c.   Any other earth-tone material.

      2.   This paragraph does not apply to any roof or portion of a roof that is enclosed by a parapet, mansard, or other similar architectural feature if no portion of the roof or ridge line projects above the enclosure.

   E.   Signs. No sign shall be erected, constructed, or maintained except on that portion of a building or structure having public street frontage or that portion of a lot or parcel having public street frontage. Free-standing, off-site advertising signs are prohibited.

   F.   Minimum setbacks.

      1.   No building or structure in the PC zone shall be erected within 25 feet of the reference line.

      2.   Notwithstanding subsection F.1, accessory buildings appurtenant to single- and two-unit residences not exceeding 500 square feet in floor area may be erected not closer than 15 feet from the reference line.

   G.   Fences or walls.

      1.   Fence or wall required along reference line. For development of any parcel within the PC zone abutting or including within its boundaries the reference line, a six-foot masonry wall or six-foot woven wire fence shall be erected along the reference line in accordance with city standard specifications. This paragraph shall not be construed to prohibit the installation of gates or any other means of private ingress and egress.

      2.   Tree planting strip. A tree planting strip at least 10 feet wide shall be established and maintained adjacent to the landward side of the fence or masonry wall required by subsection G.1. The city landscape architect shall promulgate regulations listing the native species or related genera appropriate to riparian and flood plain areas of the Sacramento Valley and the size and maturity of those plants. Only listed trees may be planted within the tree planting strip.

   H.   Exterior Lighting. All exterior lighting shall be shielded at the source and shall be directed away from the American River parkway to the greatest degree possible. (Ord. 2024-0051 § 22; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   A.   No use lawfully existing on the effective date of the ordinance that first adopted this title as the Planning and Development Code of the City of Sacramento is subject to chapter 17.232 solely by noncompliance with the provisions of this chapter, except as provided in subsection B.

   B.   Fence or wall required. Notwithstanding subsection A, section 17.332.070.G applies when:

      1.   A use is enlarged to occupy a greater area of land;

      2.   A use is moved to a different portion of a lot;

      3.   A use of land or a building or structure has been abandoned for at least one year and then reoccupied; or

      4.   A building or structure damaged or destroyed by more than 50 percent of its market value is restored. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

This chapter is to be interpreted to avoid a conflict with, or regulation of, any easement held by a public agency for flood control, flowage, or other regulation of the American River. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

The director has the authority to promulgate written standards and guidelines to implement the provisions of this chapter, but shall not vary the provisions of this chapter. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

The purpose of the Solid Waste Restricted (SWR) overlay zone is to address the heavy concentration of solid waste facilities in certain areas of the city. Heavy concentration of solid waste facilities leads to increased traffic congestion, air quality impacts, and hazards to human health. This overlay zone restricts the establishment or expansion of solid waste facilities in the areas where it applies. This overlay zone also stimulates the establishment of new solid waste facilities near new growth areas, so waste disposal services can more efficiently serve the increasing needs of current and future populations, without further impacting areas of the city that already contain a heavy concentration of such facilities. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

The SWR designation appearing after a land use classification on the official zoning map indicates that the property is subject to the restrictions in this chapter in addition to those for the land use classification (underlying zone). The SWR designation may be applied to all areas of the city where the city council determines there exists a heavy concentration of solid waste facilities. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   A.   Except as otherwise provided in this chapter, uses permitted in the underlying zone outside of the SWR overlay zone are permitted in the SWR overlay zone. If this title requires the approval of a conditional use permit or other discretionary entitlement to establish a use in the underlying zone outside of the SWR overlay zone, approval of the same discretionary entitlement is required to establish the use in the underlying zone within the SWR overlay zone.

   B.   Additional prohibited uses in the SWR overlay zone. In addition to the uses prohibited in the underlying zone outside of the SWR overlay zone, new hazardous waste facilities, new solid waste landfills, and new solid waste transfer stations are prohibited within the SWR overlay zone. And, except as provided in subsection C below, no existing hazardous waste facility, existing solid waste landfill, or existing solid waste transfer station within the SWR overlay zone may be modified, expanded, or otherwise altered.

   C.   Modification, expansion, or alteration of existing facilities.

      1.   Notwithstanding subsection B of this section, the planning and design commission may approve a conditional use permit modification to modify the conditions of operation of an existing hazardous waste facility, solid waste landfill or solid waste transfer station located within the SWR overlay zone. However, the planning and design commission has no authority to approve an increase in the tonnage, volume, or other capacity restriction, and no variance shall be approved to authorize such an increase.

      2.   Notwithstanding subsection B, the planning and design commission may approve a conditional use permit or conditional use permit modification to expand an existing inert landfill or existing Class III landfill facility that is within or immediately adjacent to the SWR overlay zone, into adjacent property that is within the SWR overlay zone. However, other than an increase in the overall tonnage and volume of solid waste associated with the use of the expansion area, the planning and design commission has no authority to approve an increase in the daily tonnage, volume, or other capacity restriction, and no variance shall be approved to authorize such an increase. The purpose of this provision is to allow existing inert and Class III landfills in or immediately adjacent to the SWR overlay zone to expand the area in which they may deposit fill, while prohibiting any increase in the tonnage, volume, or other capacity restriction. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   A.   Except as provided in subsection B of this section, chapter 17.232 applies to nonconforming uses within the SWR overlay zone.

   B.   Exception. The nonconforming use regulations of chapter 17.232 are not applicable or available to any hazardous waste facility, solid waste landfill, or solid waste transfer station lawfully established and existing within the SWR overlay zone. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

The TO zone allows a mix of moderate- to high-density residential and nonresidential uses by right, within walking distance of an existing or proposed light rail transit station, to promote transit ridership. This overlay zone is intended to promote coordinated and cohesive site planning and design that maximize transit-supportive development; to create continuity of pedestrian-oriented streetscapes and activities; and to encourage pedestrian, bicycle, and transit-rather than exclusive automobile access-to employment, services, and residences. This zone permits increased heights, densities, and intensities over the underlying zone for projects with a residential component; and encourages housing and mixed-use projects. This zone also restricts certain uses that do not support transit ridership. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   A.   The TO zone may be applied to RMX and C-2 zoned property any portion of which is located within a one-half mile radius of an existing or proposed light rail transit (LRT) station. The one-half mile radius is measured as follows:

      1.   For existing stations, from the center of the station platform, as determined by the planning director, to the edge of the property closest to the station.

      2.   For proposed stations, from the center point of the block designated for the station to the edge of the property closest to the center of the designated block.

   B.   A "TO" designation appearing after a RMX or C-2 zone classification on the official zoning map means the property is subject to the requirements and restrictions set forth in this chapter in addition to those of the underlying zone, unless otherwise specified. If a conflict exists between the provisions in this chapter and other provisions of this title, the provisions of this chapter prevail. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   A.   Except as provided in section 17.340.050, uses permitted in the RMX zone outside of a TO zone are permitted in the RMX-TO zone. If this title requires the approval of a conditional use permit or other discretionary entitlement, or imposes other restrictions or requirements on the establishment of a particular use in the RMX zone outside of a TO zone, approval of the same discretionary entitlement and compliance with the same restrictions or requirements are required to establish the use within the RMX-TO zone.

   B.   In addition to uses permitted under subsection A, the following use is permitted in the RMX-TO zone:

      1.   Hotel; motel. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   A.   Except as provided in subsections B and C, and section 17.340.050, uses permitted in the C-2 zone outside of a TO zone are permitted in the C-2-TO zone. If this title requires the approval of a conditional use permit or other discretionary entitlement, or imposes other restrictions or requirements on the establishment of a particular use in the C-2 zone outside of a TO zone, approval of the same discretionary entitlement and compliance with the same restrictions or requirements are required to establish the use within the C-2-TO zone.

   B.   Notwithstanding subsection A, all residential uses permitted in the RMX zone are permitted in the C-2-TO zone. If this title requires the approval of a conditional use permit or other discretionary entitlement, or imposes other restrictions or requirements on the establishment of the residential use in the RMX zone, approval of the same discretionary entitlement and compliance with the same restrictions or requirements are required to establish the residential use within the C-2-TO zone. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   A.   Notwithstanding sections 17.340.030 and 17.340.040, and in addition to all other uses prohibited in the RMX and C-2 zones under this title, the following uses are prohibited in the RMX-TO and C-2-TO zones:

      1.   Amusement center, outdoor.

      2.   Auto - sales, storage, rental.

      3.   Auto service, repair.

      4.   Building contractor shop.

      5.   Cleaning plant, commercial.

      6.   Drive-through restaurant.

      7.   Equipment-rental, sales yard.

      8.   Manufacturing, service and repair.

      9.   Mini storage; locker building.

      10.   Plant nursery.

      11.   Gas station.

      12.   Wholesale store (greater than 6400 square feet). (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

   A.   Residential density. The minimum density is 15 dwelling units per net acre. The maximum density is established in the General Plan.

   B.   Nonresidential development limitations in the RMX-TO zone. Nonresidential uses may occupy a maximum of 50% of the gross square footage of each new building in the RMX-TO zone. (Ord. 2024-0017 § 52; Ord. 2021-0024 § 29; Ord. 2017-0061 § 70; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)