Upland City Zoning Code
PART 1
Enactment and Applicability
§ 17.01.010 Title.
Title 17 of the Upland Municipal Code shall be known and officially cited as the "Zoning Ordinance of Upland, California" and referred to in this title as "the Zoning Ordinance."
§ 17.01.020 Purpose of the Zoning Ordinance.
A.
General. The Zoning Ordinance is adopted to implement the Upland General Plan and to protect and promote the health, safety, and welfare of Upland residents.
B.
Specific. The Zoning Ordinance is intended to:
1.
Divide the City into zones and adopt a map of such land use zones.
2.
Govern the use of land for residential and nonresidential purposes.
3.
Foster a balanced community with complementary land uses that provide sufficient housing, employment, shopping, civic, cultural, open spaces, and recreational opportunities for Upland's residents.
4.
Promote an environmentally sustainable pattern of development through the implementation of smart growth practices and the reduction of greenhouse gas emissions.
5.
Preserve the quality of life and character of existing residential neighborhoods.
6.
Provide high-quality housing in a range of types, densities, and unit sizes that meets the housing needs of residents of all income levels.
7.
Protect Upland's designated historic residential districts and structures.
8.
Ensure that development is attractive, constructed with quality and durable materials, promotes harmony in the visual relationships, and transitions between newer and older buildings.
9.
Promote economic growth and the creation of jobs for Upland residents.
10.
Promote and support an efficient multi-modal transportation system that facilitates walking, biking, and the use of public transportation in lieu of car travel.
11.
Protect Upland's natural resources, including open space areas, the urban forest and habitat for special-status species as limited and valuable resources and integral parts of a sustainable environment.
12.
Protect the public from hazards associated with natural and man-made disasters, including airport-related hazards.
13.
Allow for public services, facilities and infrastructure to adequately serve the City's population.
14.
Establish authorization for commissions and committees and define the powers and duties of the commissions and committees.
15.
Allow for public participation in government decision making regarding land use and development in a manner consistent with state law.
§ 17.01.030 Relationship to the General Plan.
The Zoning Ordinance implements the goals and policies of the Upland General Plan by regulating the uses of land and structures within the City in accordance with the General Plan. The Zoning Ordinance and the General Plan shall be consistent with one another. If there are inconsistencies between the Zoning Ordinance and the General Plan, the General Plan governs.
§ 17.01.040 Relationship to the Cable Airport Land Use Compatibility Plan.
The Zoning Ordinance is used in conjunction with the Cable Airport Land Use Compatibility Plan to regulate uses and structures in the airport influence area of Cable Airport.
§ 17.01.050 Relationship to the Ontario International Airport Land Use Compatibility Plan.
The Zoning Ordinance is used in conjunction with the Ontario International Airport Land Use Compatibility Plan to regulate uses and structures in the airport influence area of Ontario International Airport.
§ 17.01.060 Responsibility for Administration.
The Zoning Ordinance shall be administered by the Upland City Council, Planning Commission, and Development Services Director as established in Chapter 17.43 (Permit Application Filing and Processing).
§ 17.01.070 Applicability of Zoning Ordinance.
A.
Applicability. The Zoning Ordinance applies to all land, uses, and structures within the incorporated area under City of Upland jurisdiction.
B.
Compliance with Regulations. No land shall be used and no structures constructed or occupied except in accordance with the provisions of the Zoning Ordinance.
C.
Conflicting Regulations. Where conflict occurs with other City regulations or with State or federal laws, higher law shall control lower law unless local variation is permitted. Where conflicting laws are of equal stature, the more restrictive provision shall control unless otherwise specified in the Zoning Ordinance or in State or federal law.
D.
Private Agreements. The Zoning Ordinance is not intended to interfere with, repeal, abrogate, or annul any easement; covenant; deed restriction; Covenants, Conditions, and Restrictions (CC&Rs); or other agreement between private parties. Where conflict occurs between the Zoning Ordinance and a private agreement, the City shall follow the Zoning Ordinance. The City of Upland shall not be responsible for monitoring or enforcing private agreements.
§ 17.01.080 Enforcement of Zoning Ordinance.
A.
Violations. It shall be unlawful for any owner, person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this code.
B.
Penalties for Violations. Any person, firm or corporation whether as principal, agent, employee or otherwise, violating any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished in compliance with the provisions of Municipal Code Chapter 1.1.6 (Penalty Provisions).
§ 17.02.010 Purpose.
This chapter establishes rules and procedures for interpreting the Zoning Ordinance to ensure the consistent application and enforcement of the Zoning Ordinance.
§ 17.02.020 Authority.
The Development Services Director is delegated the responsibility and authority by the City Council to interpret the meaning and applicability of all provisions in the Zoning Ordinance.
A.
General Rules. The following general rules apply to the interpretation and application of the Zoning Ordinance.
1.
In the extent of an inconsistency, the more specific or restrictive provision shall govern over the general or less restrictive provision.
2.
Where there is a conflict between text and any figure, illustration, graphic, heading, map, table, or caption, the text governs.
3.
The words "shall," "will," "must," "is to," and "are to" are mandatory. "Should" means a regulation that is not mandatory, but must be either fulfilled or the applicant must demonstrate an alternative that fulfills the intent of the regulation. "May" is permissive.
4.
The following conjunctions are interpreted as follows:
5.
All officials, bodies, agencies, ordinances, policies, and regulations referred to in the Zoning Ordinance are those of the City of Upland unless otherwise noted.
B.
Calendar Days. Numbers of days specified in the Zoning Ordinance are construed as continuous calendar days. Where the last of a number of days falls on a holiday or weekend, time limits specified in the Zoning Ordinance are extended to the following working day.
C.
Zoning Map Boundaries. If there is uncertainty about the location of any zone boundary or other line of the Zoning Map as determined by the Development Services Director, the following rules apply:
1.
Zone boundaries shown as approximately following the property line of a parcel shall be construed to follow the property line.
2.
Zone boundaries shown as following roads or other rights-of-way, or natural features such as creeks shall be construed to follow the centerline of the roads, rights-of-way, or creeks.
D.
Parcels Containing Two or More Zones.
1.
For parcels containing two or more zones ("split zoning"), the location of the zone boundary shall be determined by the Development Services Director.
2.
For parcels containing two or more zones ("split zoning"), the applicable regulations for each zone shall apply within the zone boundaries as identified on the Zoning Map.
E.
Purpose Statements. The purpose statements in Part 2 (Zoning Districts, Land Uses, and Development Standards) provide a brief statement concerning each zoning district. The purpose statement summarizes the intentions of each zone in the Zoning Ordinance. The purpose statement does not list all permitted uses, administratively permitted uses, conditionally permitted uses, or uses listed as not allowed uses (see Use Regulation Tables in Part 2 for a listing of all permitted, administratively permitted, conditionally permitted or unpermitted uses for each zone).
F.
Use Regulation Tables. Use regulation tables in Part 2 (Zoning Districts, Land Uses, and Development Standards) establish permitted land uses within each zone. Within each use regulation table, uses are categorized as residential, community, commercial, office/professional, mixed-use, industrial/agricultural/natural resource, telecommunication and utilities, and other uses. All uses are defined in Part 7 (Definitions). Notations within these tables shall have the following meanings:
1.
Permitted Uses. A "P" means that a use is permitted by right in the respective zone and is not subject to discretionary review and approval.
2.
Administratively Permitted Uses. An "AUP" means that a use requires approval through an Administrative Use Permit.
3.
Conditionally Permitted Uses. A "CUP" means that a use requires approval of a Conditional Use Permit.
4.
Uses Not Allowed. A "-" in a cell means that a use is not allowed in the respective zone.
5.
Applicable Regulations. Standards in the Zoning Ordinance that apply to specific uses are identified in the column entitled "Applicable Regulations." Standards referenced in the applicable regulations column apply in all zones unless otherwise expressly stated. These standards are identified because they are specifically related to the stated use. However, other sections of the Zoning Ordinance may apply, and it should not be interpreted that they are not applicable because they are not listed under the "Applicable Regulations" column.
6.
Unlisted Land Uses. If a proposed land use is not specifically listed in the Zoning Ordinance, the use is not permitted except as follows:
a.
The Development Services Director may determine that an unlisted proposed use is equivalent to a listed permitted or conditionally permitted use and is permitted in the same manner as the equivalent listed use if all of the following findings can be made:
i.
The use is no greater in density or intensity than other uses in the applicable zone.
ii.
The use is compatible with permitted or conditionally permitted uses in the applicable zone.
iii.
The use will meet the purpose of the applicable zone.
iv.
The use is consistent with the goals and policies of the General Plan.
v.
The use will not be detrimental to the public health, safety, or welfare.
b.
When the Development Services Director determines that a proposed use is equivalent to a listed permitted or conditionally permitted use, the proposed use shall be treated in the same manner as the listed use with respect to development standards, permits required, and all applicable requirements of the Zoning Ordinance.
i.
For uses that are determined to be similar to permitted uses, the procedures contained in Section 17.44.020 (Zoning Clearance) shall apply.
§ 17.02.030 Procedures for Interpretation.
A.
Request for Interpretation. The Development Services Director shall respond in writing to written requests for interpretation of the Zoning Ordinance if, in the opinion of the Development Services Director, the requested interpretation would substantially clarify an ambiguity that interferes with the effective administration of the Zoning Ordinance. When the Development Services Director makes such a determination, the following procedures shall apply:
1.
The request shall be in writing and shall state which provision is to be interpreted.
2.
The petitioner of the request shall provide any information that the Development Services Director requires to assist in its review.
3.
The Development Services Director shall respond to an interpretation request within 30 days of receiving the request.
B.
Form and Content of Interpretation. Official interpretations prepared by the Development Services Director shall be in writing and shall quote the provisions of the regulations that are being interpreted. The interpretation shall describe the circumstance that caused the need for the interpretation.
C.
Official Record of Interpretations. An official record of interpretations shall be kept and updated regularly by the Development Services Department. The record of interpretations shall be indexed by the number of the section that is the subject of the interpretation and made available for public inspection during normal business hours.
D.
Development Services Director Referral to Planning Commission. The Development Services Director may refer any request for interpretation of the Zoning Ordinance to the Planning Commission for review and interpretation (see Section 17.47.030 (Appeal Subjects and Jurisdiction)).
E.
Appeals. Any official interpretation prepared by the Development Services Director may be appealed to the Planning Commission. The Planning Commission's interpretation may be appealed to the City Council (see Table 17.43-1(Review and Decision Making Authority)).
§ 17.03.010 Purpose.
This chapter identifies the zones that apply to property within the City and establishes the official City of Upland Zoning Map.
§ 17.03.020 Zones and Zoning Map.
A.
Base Zones. Upland is divided into zones that implement the General Plan. The zones are shown in Table 17.03-1 (Base Zones).
TABLE 17.03-1 BASE ZONES | ||
|---|---|---|
Zone Symbol | Name of Zone | General Plan Land Use Designation Implemented by Zone |
Residential Zones | ||
RS-20 | Residential Single-Family Low, 20,000 sq. ft. min. parcel size | SFR-L |
RS-15 | Residential Single-Family Low, 15,000 sq. ft. min. parcel size | SFR-L |
RS-10 | Residential Single-Family Low, 10,000 sq. ft. min. parcel size | SFR-L |
RS-7.5 | Residential Single-Family Medium, 7,500 sq. ft. min. parcel size | SFR-M |
RS-4 | Residential Single-Family Medium, 4,000 sq. ft. min. parcel size | SFR-M |
MH | Residential Single-Family Mobile Home, 10-acre min. site area | MH |
RM-10 | Residential Multi-Family Low, up to 10 units per acre | MFR-L |
RM-20 | Residential Multi-Family Low, min. 10 and max. 20 units per acre | MFR-L |
RM-30 | Residential Multi-Family Medium, min. 20 and max. 30 units per acre | MFR-M |
Mixed-Use Zones | ||
C/R-MU | Commercial/Residential Mixed-Use | C/R-MU |
B/R-MU | Business/Residential Mixed-Use | B/R-MU |
C/O-MU | Commercial/Office Mixed-Use | C/O-MU |
C/I-MU | Commercial/Industrial Mixed-Use | C/I-MU |
Commercial Zones | ||
NC | Neighborhood Commercial | NC |
HC | Highway Commercial | HC |
RC | Regional Commercial | RC |
OP | Office Professional | OP |
Industrial Zones | ||
LI | Light Industrial | LI-BP |
GI | General Industrial | IN |
Special Purpose Zones | ||
CA | Cable Airport | CA |
PB/I | Public/Institutional | I |
OS | Open Space | P-OS |
M | Mining | GM |
B.
Overlay Zones. The Zoning Ordinance and Zoning Map include the overlay zones shown in Table 17.03-2 (Overlay Zones) and described in Chapter 17.09 (Overlay Zones). Overlay zones provide additional requirements and uses on properties in addition to requirements of the underlying base zone.
TABLE 17.03-2 OVERLAY ZONES | |
|---|---|
Overlay Zone Symbol | Name of Overlay Zone |
AC | Airport Compatibility |
SC | Scenic Corridor |
SP | Specific Plan |
C.
Zoning Map.
1.
The City Council hereby adopts the Upland Zoning Map ("Zoning Map"), which establishes the boundaries of all base and overlay zones provided for in the Zoning Ordinance.
2.
The Zoning Map, including all legends, symbols, notations, references, and other information shown on the map, is incorporated by reference and made a part of the Zoning Ordinance.
3.
The Zoning Map is kept, maintained, and updated electronically by the Development Services Department and is available for viewing by the public at the Development Services Department and on the official City website.