Waterford City Zoning Code
CHAPTER 17
14 OS OPEN SPACE DISTRICT
§ 17.14.010 Specific purposes.
In addition to the general purposes listed in Chapter 17.04, th e specific purposes of the OS district are to:
A.
Provide a suitable classification for large public or private sites permanently designated for park or open space use;
B.
Protect public health and safety by limiting lands subject to flooding, slides, or other hazards to open space use;
C.
Allow the planning commission and city council to consider the most appropriate use of a site following discontinuance of a large public or private open space use without the encumbrance of a base zoning district that may or may not provide appropriate regulations for development of the site.
(Ord. 2011-02 §1)
§ 17.14.020 Applicability.
A.
The OS district shall be applied to lands within the city of Waterford that contain open space resources, such special status as wildlife habitat, or exhibits special hazardous characteristics which would render extensive development of these lands as a hazard to public health and safety.
(Ord. 2011-02 §1)
§ 17.14.030 OS district land use regulations.
A.
Schedule 14-1 below prescribes the land use regulations for the OS district. The regulations for the district are established by letter designations as follows:
1.
"P" designates use classifications permitted in the OS district.
2.
"L" designates use classifications that are permitted, subject to certain limitations.
3.
"T" designates use classifications that are permitted to be conducted for a limited period of time and that require a temporary use permit pursuant to Chapter 17.74.
4.
"AU" designates a use classification permitted in the district but requiring an administrative use permit as provided in Chapter 17.73 due to the nature of the use or the area within which the use is proposed requiring special review/approval procedures.
5.
"U" designates use classifications that may be permitted upon approval of a conditional use permit, as provided in Chapter 17.75.
6.
Where letters in parentheses are opposite a use classification heading, referenced regulations shall apply to all use classifications under the heading.
B.
Use classifications are defined in Chapter 17.04. In cases where a proposed use is not included in a use classification, the planning director shall determine whether the proposed use is substantially similar in character to a permitted use classification and in that event shall assign the proposed use to a permitted use classification. Use classifications not listed in Schedule 14-1 below are prohibited. Supplemental use regulations for the OS district are set forth in Section 17.14.040 below.
Schedule 14-1 OS District Use Table (see Ch. 17.04, Use Classifications) | ||
|---|---|---|
Use Classifications* | OS | Additional Regulations |
Residential Use Classifications (see §17.04.030) | (F) (G) (H) | |
Single-family residential | AU | (A) |
Public and Semipublic Use Classifications (see §17.04.040) | (F) (G) (H) | |
Government offices/facilities | L1 | |
Parks and recreation facilities | AU | |
Religious assembly | AU | |
Utilities (minor) | AU | |
Commercial Use Classifications (see §17.04.050) | L3 | (F) (G) (H) |
Take-out food service | L2 | |
Agricultural Use Classifications (see §17.04.070) | (F), (G) (H) | |
Horticulture (limited) | P | |
Animal husbandry | P | (B) |
Crop production | P | |
Accessory Use Classifications (see §17.04.080) | (C) (E) (F) (G) (H) | |
Temporary Use Classifications (see §17.04.090) | (F) (G) (H) | |
Circuses and carnivals | T | |
Craft fairs, trade fairs, certified farmers markets | T | |
Commercial filming (limited) | T | |
* | See indicated code section with respect to use classification. Uses indicated are a subset of the uses that may occur in this district. Other uses that are not listed below may be approved subject to AU procedures provided that they are similar to the indicated uses with respect to impacts on surrounding uses and the stated purpose and intent of the OS district (Sections 17.14.010 and 17.14.020). |
1 | Permitted as part of a park or recreational facility, public safety facility, or utility. |
2 | Only "limited" facilities, as defined in Chapter 17.04, allowed by use permit. |
3 | Use permit required, and no on-site retail sales permitted. |
(Ord. 2011-02 §1)
§ 17.14.040 OS district-Additional use regulations.
A.
Permitted only when accessory to a primary open space use. Limited to one primary dwelling unit and one accessory dwelling unit per site, subject to the requirements of Section 17.70.060, Accessory dwelling units.
B.
See Section 17.70.300, Animals.
C.
Limited to facilities incidental to an open space use.
E.
Allowed only if no urban services are provided.
F.
All uses and activities conducted within the OS district shall be subject to the provisions of Chapter 17.44 (Performance Standards) unless specifically exempted or modified by the provisions of the OS district.
G.
All development or use activities shall be conducted within the OS district in conformance with the regulations set forth in Chapter 17.40 (General Regulations) unless specifically exempted or modified by provisions of the OS district.
H.
Evaluate a non-open space project against the following criteria when considering findings for use permits or variances:
1.
Will the project create substantial conflicts with existing traffic?
2.
Will the project potentially generate excessive glare, noise or vibration and degrade existing or potential open space uses? (Refer to general plan for noise criteria and Chapter 17.44, Performance Standards.)
3.
Will the project generate hazardous materials or create risks that would create health and safety hazards for persons occupying or visiting existing or potential future open space uses in the area?
(Ord. 2011-02 §1)
§ 17.14.050 OS district-Property development regulations.
The following schedule prescribes development regulations for the OS district. The first two columns establish basic requirements for permitted and conditional uses; letters in parentheses in the "Additional Regulations" column refer to the additional development regulations outlined in the subsections of this section following Schedule 14-2 below. It should be noted that all development with the OS district is subject to the requirements set forth in Chapter 17.40 unless otherwise indicated below.
Schedule 14-2 OS District Development Regulations | ||
|---|---|---|
Development | OS | Additional Regulations |
Subdivision development | (A) | |
Minimum site area (acres) | 3 | (B) (H) |
Minimum yards | Varies | (C) (D) (E) (F) |
Maximum height (ft.) | 35 | (G) |
Maximum height (ft.) accessory building | 45 | (G) |
Design review | See §17.52.090 | |
Fences and walls | See Ch. 17.62 | |
Off-street parking and loading | See Ch. 17.54 | |
Signs | See Ch. 17.60 | |
Outdoor facilities | ||
A.
All divisions of land on property zoned OS (open space) shall conform to the minimum lot area standard of the applicable OS district; provided, however, that no subdivision shall be approved within an OS district unless it is part of an approved development plan for the site. Such development plan shall be, and related subdivision must be, for the purpose of improving the usefulness of the site for open space type uses. Exemptions to minimum parcel sizes shall apply to parcels created or used for general public purposes, public utility or communication purposes.
C.
Front Yards. In any OS district where street curbs, gutters and sidewalks do not exist, the front yard set-back standards shall be:
1.
Not less than seventy feet from the existing centerline of the street, nor less than fifteen feet from the planned street line on a major street or expressway, whichever is the greater. The vehicle opening of any building shall be no closer than twenty feet to the property line toward which the opening faces;
2.
Not less than forty-five feet from the existing centerline of the street on a collector street sixty feet wide, nor less than fifteen feet from the planned street line where a specific plan has been adopted. The vehicle opening of any building shall be no closer than twenty feet to the property line toward which the opening faces;
3.
Not less than forty feet from the existing centerline of the street on a minor street (fifty feet wide), nor less than fifteen feet from the planned street line where a specific plan has been adopted. The vehicle opening of any building shall be no closer than twenty feet to the property line toward which the opening faces;
D.
Minimum front yard is fifteen feet; twenty feet from the entrance of a garage or carport. See Section 17.40.100, Front yards in R districts.
E.
Side yards, interior lot line and rear yards: Ten feet.
F.
A fifteen-foot side or rear yard shall adjoin an R district.
G.
Building Height and Required Yards. The width of a required interior side or rear yard adjoining a building wall exceeding thirty-five feet in height, excluding any portion of a roof, shall be increased five feet over the basic requirement.
(Ord. 2011-02 §1)
§ 17.14.060 Supplemental development regulations.
Development regulations shall be as specified by the use permit or administrative permit; provided that if the permit fails to regulate an element regulated by an abutting base district, the regulations of the nearest base district shall apply to each portion of the OS district. For existing uses which do not have a use or administrative permit, or for uses that do not require a use or administrative permit, the regulations of the nearest district within which the use or uses are permitted or conditionally permitted shall apply to the OS use.
(Ord. 2011-02 §1)