Inclusion by Reference. The Zoning Map, together with all legends, symbols, notations, references, zoning-district boundaries, and other information provided on the map, has been adopted by the Council in compliance with California Government Code Section 65800 et seq., and is hereby incorporated into this Title by reference as though it were fully included here.

Zoning District Boundaries. The boundaries of the zoning districts established by Section 17.200.010, Zoning Districts Established, shall be shown on the Zoning Map.

Relationship to General Plan. The Zoning Map shall implement the General Plan and shall be consistent with the General Plan.

Map Amendments. Amendments to the Zoning Map shall follow the process established in Chapter 17.620, General Plan, Zoning Map, and Zoning Code Amendments.

Zoning Map Interpretation. The Zoning Map shall be interpreted in compliance with Section 17.120.010.D, Zoning Map Boundaries.

Zoning Upon Annexation. All property not prezoned by the Council prior to annexation shall be designated with the zoning designation consistent with the General Plan designation.

Purpose. Chapters 17.210, Residential Zoning Districts, through 17.250, Overlay Zones, determine which land uses are permitted in each zoning district, what steps are required to establish each use, and the basic development standards that apply.

Determination of Permitted Land Uses and Permit Requirements. The land uses permitted by this Title in each zoning district are identified in Tables 2-2, 2-4, and 2-6 of this Chapter as being:

Indoor Uses Only. All commercial and industrial activities, other than off-street parking, shall be conducted entirely within an enclosed structure(s), except as may otherwise be permitted in compliance with this Title.

Site Divided by Zoning District Boundary. Where a site is divided by one or more zoning district boundaries, each portion of the site located in a separate district shall be developed and used in compliance with the requirements of the applicable district.

Conflicts between Provisions

Marijuana Cultivation and Cannabis Activities Prohibited. Pursuant to Section 17.200.022 of this Chapter, the cultivation of marijuana and all commercial cannabis activities are prohibited within the City.

Short-Term Rentals Prohibited. As defined in Chapter 9.74 of the Westminster Municipal Code, the short-term rental of residential dwelling units are prohibited within the City.

Applicability

Definitions. The following definitions apply to this Section:

Marijuana Cultivation.

Commercial Cannabis Activity. Commercial cannabis activity by any person, including primary caregivers, qualified patients and dispensaries, is prohibited in all zoning districts within the City of Westminster.

Declaration of Public Nuisance. Any use, structure, or property that is altered, enlarged, erected, established, maintained, moved, or operated contrary to the provisions of this Chapter, is hereby declared to be unlawful and a public nuisance and may be abated by the City through civil and/or administrative proceedings by means of a restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisances.

Violations.

R1 (Single-Family Residential) District. The R1 zoning district identifies areas characterized by single-family dwellings and provides areas for the development of detached dwelling units at densities no greater than 7 units per acre, except for SB 9 two-unit housing developments pursuant to Section 17.400.122. The standards of this district are intended to protect the existing density and maintain the character of single-family residential neighborhoods. The R1 zoning district is consistent with the Low Density Residential land-use designation of the General Plan.

R2 (Multiple-Family Residential—12 Units/Acre) District. The R2 zoning district is intended for the development of dwelling units within a density range of 8 to 12 units per acre. The R2 zoning district is consistent with the Residential Medium land-use designation of the General Plan.

R3 (Multiple-Family Residential 13 to 14 Units/Acre) District. The R3 zoning district provides opportunity for the development of dwelling units with densities of 13 to 14 units per acre. The R3 zoning district is consistent with the Residential Medium land-use designation of the General Plan.

R4 (Multiple-Family Residential 15 to 18 Units/Acre) District. The R4 zoning district is intended to provide opportunities for the development of multiple-family housing with densities of 15 to 18 units per acre. The R4 zoning district is consistent with the Residential High land-use designation of the General Plan.

R5 (Multiple-Family Residential 19 to 25 Units/Acre) District. The R5 zoning district is intended to provide opportunities for the development of residential projects with densities of 19 to 25 units per acre. The R5 zoning district is consistent with the Residential High land-use designation of the General Plan.

General Requirements. Table 2-2 identifies the land uses permitted by this Title in the residential zoning districts, and the land use permit required to establish each use, in compliance with Section 17.200.020.B, Determination of Permitted Land Uses and Permit Requirements.

Note: Where the last column in the table ("See Specific Use Regulations") includes a section number, the regulations in the referenced section apply to the use; however, provisions in other sections of this Title may also apply.

General Requirements. Subdivisions, new land uses and structures and alterations to existing land uses and structures in the R1, R2, R3, R4, and R5 zones shall conform to the requirements outlined in Table 2-3. In addition, the applicable development standards outlined in Article 3 shall apply to all residential zoning districts. Please refer to Section 17.400.120 for single-family residential design standards. For applicable multiple-family residential design standards, please refer to Section 17.400.125 of the WMC and the Section 5.0 of the City of Westminster Design Guidelines Manual. The Design Guidelines are not included in any article of this Title, but are available for review on the City's website or at the offices of the Division.

CR (Restricted Commercial) District. The CR zoning district identifies areas appropriate for primarily low-intensity office uses. Retail uses may be considered but require review by the Commission and final action by the Council.

C1 (Local Business) District. The C1 zoning district provides areas for the development of a broad range of retail, service, and entertainment uses designed to meet the shopping and service needs of the local residential and business communities.

C2 (General Business) District. The C2 zoning district provides areas for the development of free-way-oriented and regional-serving retail and office complexes, and complementary regional commercial centers.

CM (Commercial-Industrial) District. The CM zoning district provides areas for the development of planned, unified shopping centers. This district also provides areas for light-industrial uses. Uses for both commercial and industrial districts are outlined in Tables 2-4 and 2-6.

General Requirements. Table 2-4 identifies the land uses permitted by this Title in the commercial zoning districts, and the land use permit required to establish each use, in compliance with Section 17.200.020.B, Zoning District Regulations.

Note: Where the last column in the table ("See Specific Use Regulations") includes a section number, the regulations in the referenced section apply to the use; however, provisions in other sections of this Title may also apply.

General Requirements. Subdivisions, new land uses and structures, and alterations to existing land uses and structures in the CR, C1, C2, and CM zones shall be designed, constructed, and/or established in compliance with the requirements outlined in Table 2-5. In addition, the applicable development standards (e.g., landscaping, parking and loading) outlined in Article 3 shall apply to all commercial zoning districts. For applicable commercial development design guidelines, please refer to Section 17.400.040.

Late Night Business Restrictions. Commercial businesses, located within 150 feet of a parcel zoned for residential use with late night operations and late night hours, as defined in Article 7 of this Title shall require the issuance of a Conditional Use Permit.

M1 (Light Industrial) District. The M1 zoning district provides areas for low-intensity and low-impact industrial, manufacturing, and related uses. Typical uses include research and development facilities and laboratories, small-scale warehouses, and light manufacturing. The M1 zoning district is consistent with the Industrial land use designation of the General Plan.

M2 (Medium Industrial) District. The M2 zoning district provides areas suitable for a broad range of manufacturing businesses, wholesaling businesses, and limited warehousing and distribution facilities. The M2 zoning district is consistent with the Industrial land use designation of the General Plan.

General Requirements. Table 2-6 identifies the uses of land permitted by this Title in each industrial zoning district, and the land use permit required to establish each use, in compliance with Section 17.200.020B, Zoning District Regulations.

Note: Where the last column in the tables ("See Specific Use Regulations") includes a section number, the regulations in the referenced section apply to the use; however, provisions in other sections of this Title may also apply.

General Requirements. Subdivisions, new land uses and structures, and alterations to existing land uses and structures in the CM, M1, and M2 Zones shall be designed, constructed, and/or established in compliance with the requirements outlined in Table 2-7. In addition, the applicable development standards (e.g., landscaping, parking and loading, etc.) outlined in Article 3 shall apply to all industrial zoning districts.

Industrial Zoning District Performance Standards. All land uses proposed in the M1 and M2 zoning districts shall be operated and maintained so as not to be injurious to public health, safety, or welfare, and shall comply with the following standards.

Cemetery (CEM) District. The CEM zoning district is applied to cemeteries and is intended to protect existing cemeteries and provide for expansion within their existing boundaries. This district is established to regulate where the body or remains of a human being may be buried or interred within the City subject to the development review process outlined in Chapter 17.520. Cemetery uses shall not be permitted outside of the CEM zoning district. This district is consistent with the Park/Open Space land use designation of the General Plan.

Public/Semi-Public (P/SP) District. The P/SP zoning district is established to provide a wide range of public and semi-public land uses.

Park/Open Space (P/OS) District. The P/OS zoning district is applied to open space resources. This district is intended to regulate, protect, and preserve publicly accessible land that is well suited for active recreation, amusement, relaxation, and/or scenic viewing. The P/OS zoning district is consistent with the Open Space land use designation of the General Plan.

Public Facilities (PF) District. The PF zoning district is established to provide for a range of civic land uses such as public parks, public schools, utilities, and public administrative buildings.

Specific Plan (SP) District. The SP zoning district is established to allow for a specific set of development standards and uses that are customized to allow for development and design standards that will implement a unique vision, land use, and design characteristics for a particular area of the City and are set forth in the Specific Plan adopted for each specific plan area.

Uses Permitted by Right and Uses Requiring Special Permits

Limitations on Placement of Burials/Interments. No burial or interment of a human body shall be allowed closer than 60 feet to the centerline of a primary highway or 40 feet to the centerline of a secondary highway, as designated on the Orange County Master Plan of Arterial Highways; or closer than 30 feet to the centerline of any other street. However, such burial or interment shall be permitted closer to the Bolsa Avenue centerline, as specified in Instrument No. 31318 recorded in Book 2996, page 506 of Official Records of Orange County.

Development Standards for CEM Zoning District. Land uses permitted within the CEM zoning district shall comply with the following provisions, in addition to all applicable provisions of Article 3.

Uses Permitted by Right, Prohibited Uses, and Uses Requiring Special Permits

Development Standards. Land uses permitted within the P/SP zoning district shall comply with all applicable provisions of Article 3.

Permitted Uses and Uses Requiring Special Permits

Development Standards. Land uses permitted within the P/OS zoning district shall comply with all applicable provisions of Article 3.

In a PF district, no building or land shall be used and no building shall be erected or structurally altered, except for the following uses:

Site plans of all buildings, structures and improvements in a PF district shall be approved by the City before building permits are issued.

If, for any reason, the actual or anticipated PF type usage becomes obsolete, the property may revert to the basic zoning designation of the area, as determined by the planning commission and the City Council.

Within the Westminster civic center area, private vendors of goods and services, whose purpose is to serve visitors to the civic center only, are permitted when such private vendors are authorized by agreement with the City. "Civic Center" is defined as the publicly owned land bounded by Westminster Boulevard on the north, Monroe Street on the east, 13th Street on the south and Jackson Street (as if extended to 13th Street) on the west, including publicly owned property south of 13th Street. The operation and maintenance standards for such private vendors shall be established from time to time by resolution of the City Council. The operation and maintenance standards within this Title shall not be applicable except expressly as provided for in such resolution.

Designation of Property. The applicability of any overlay zone to a specific site is shown by the overlay Zoning Map symbol established by Section 17.200.010, Zoning Districts Established, being appended as a suffix to the symbol for the primary zoning district shown on the Zoning Map. For example, the C2-LS-PD designation represents the Commercial General (C), Little Saigon Overlay (LS), and Planned Development Overlay (PD) zoning districts.

Applicability of Overlay District Requirements. The provisions of this Chapter apply to proposed land uses and development in addition to all other applicable requirements of this Title. In the event of any perceived conflict between the provisions of this Chapter and any other provision of this Title, this Chapter shall govern.

Purpose. This Section provides land use regulations for the Emergency Shelter (ES) Overlay zoning district as established by Section 17.200.010, Zoning Districts Established. This district applies to manufacturing/industrial sites, which due to their size and location, are appropriate for emergency shelter facility use.

Allowed Uses. A parcel within the ES Overlay district may be used as follows:

Requirements for Establishment of the ES Overlay Zoning District. Each parcel within the ES Overlay Zoning District, shall comply with each of the following:

Purpose. This Section provides development and land use regulations for the P Overlay zoning district, as established by Section 17.200.010, Zoning Districts Established.

Requirements. Land uses permitted within the P Overlay zoning district shall comply with the following provisions, in addition to all applicable provisions of Article 3.

Purpose. This Section provides development and land use regulations for the PD Overlay zoning district as established by Section 17.200.010, Zoning Districts Established. This district applies to areas of existing large-scale, multiple-family residential and commercial complexes developed as a planned district, and sites suitable for similar large-scale development. The PD zoning district may also be applied to sites within commercial districts suitable for combined commercial, residential, and/or live-work uses within a physically integrated and contiguous area. The PD zoning district is consistent with the Planned Development Land Use designation of the General Plan and may be consistent with various residential and commercial land use designations of the General Plan.

Requirements. Land uses permitted within the PD Overlay zoning district shall comply with the following provisions in addition to all applicable provisions of Article 3.

Standards. The permitted uses and development standards for PD Overlay districts are developed as part of the project approval process.

Purpose. This Section provides development and land use regulations for the Housing (H) Overlay zoning district, as established by Section 17.200.010, Zoning Districts Established. Lots designated with the Housing Overlay designation are identified in the City of Westminster's 2021-2029 Housing Element Sites Inventory as potential lots to accommodate a portion of the City's unmet Regional Housing Needs Allocation (RHNA) or have been determined to be significant sites which have the ability to further meet the housing needs of Westminster and its residents.

Requirements. Land uses permitted within the H Overlay zoning district shall comply with the following provisions, in addition to all applicable provisions of the Westminster Municipal Code. Where there is a conflict, the provisions of this Section shall apply.

Mixed-Use 36 Units/Acre (MU36) District. The MU36 district is intended to provide for a mix of compatible residential and nonresidential uses with densities up to 36 units per acre. The mix of uses can be integrated vertically (i.e., commercial on the ground floor with residential and/or office uses above) or horizontally (residential next to commercial and office uses). The MU36 zoning district is consistent with the Mixed-Use Westminster Boulevard/Downtown land use designation of the General Plan. Single-use projects (i.e., a project that is entirely residential or entirely nonresidential) are permitted.

Mixed-Use 40 Units/Acre (MU40) District. The MU40 district is intended to provide for a mix of compatible residential and nonresidential uses with densities up to 40 units per acre. The mix of uses can be integrated vertically (i.e., commercial on the ground floor with residential and/or office uses above) or horizontally (residential next to commercial and office uses). The MU40 zoning district is consistent with the Mixed-Use Civic Center, Mixed-Use Corridor, Mixed-Use Little Saigon, and Mixed-Use Northwest District land use designations of the General Plan. Single-use projects (i.e., a project that is entirely residential or entirely nonresidential) are permitted.

General Requirements. Table 2-8 identifies the land uses permitted by this Title in the mixed-use zoning districts, and the land use permit required to establish each use, in compliance with Section 17.200.020.B, Determination of Permitted Land Uses and Permit Requirements.

Note: Where the last column in the table ("See Specific Use Regulations") includes a section number, the regulations in the referenced section apply to the use; however, provisions in other sections of this Title may also apply.