Wheatland City Zoning Code
CHAPTER 18
09 GENERAL REGULATIONS
§ 18.09.010 Compliance by buildings.
No building or part thereof or other structures shall be erected, altered, added to or enlarged, nor shall any land, building, structure or premises be used, designated or intended to be used for any purpose or in any manner other than is included among the uses in this title listed as permitted in the zone in which such buildings, land or premises is located.
(Ord. 337 Exh. A, 1991)
§ 18.09.020 Height restrictions.
No building or part thereof or structure shall be erected, reconstructed or structurally altered to exceed in height the limit designated in this title for the zone in which such building is located except as provided in Section 18.60.110.
(Ord. 337 Exh. A, 1991)
§ 18.09.030 Area requirements.
No building or part thereof or structure shall be erected nor shall any existing building be altered, enlarged or rebuilt or moved into any zone, nor shall any open space be encroached upon or reduced in any manner, except in conformity to the yard, building site area, and building location regulations designated in this title for the zone in which such building or open space is located.
(Ord. 337 Exh. A, 1991)
§ 18.09.040 Consistency with general plan.
A.
The city council and planning commission are mandated by the state to ensure that the various land uses authorized by the text and map of the ordinance codified in this title are compatible with the objectives, policies, general land use and programs specified in the Wheatland general plan.
B.
In construing the provisions of this section, it is intended that the Wheatland general plan and elements and parts thereof comprise an integrated, internally consistent and compatible statement of policies for the adopting agency.
C.
Chapter 18.12 identifies the zoning districts which may be found consistent with the land use designations of the Wheatland general plan. This matrix should be used when zoning map amendments are being considered, and reviewed when text changes are proposed in the zoning ordinance or general plan.
(Ord. 337 Exh. A, 1991)
§ 18.09.060 Principal zone regulations-Conflicts.
In addition to the regulations specified in this title for each of the principal zones, the general regulations set forth in Chapters 18.60, 18.63 and 18.67 shall be applicable to each and every such zone. In the event of conflict between the particular regulations for each zone set forth in this title and the general regulations set forth in Chapters 18.60, 18.63 and 18.67, the more restrictive regulations shall be applicable.
(Ord. 337 Exh. A, 1991)
§ 18.09.070 Combining zone regulations-Generally.
The regulations set forth in this title for each of the combining zones shall modify the regulations for the principal zones with which they are combined. All uses and regulations of the principal zone shall apply in the combined zone, except insofar as they are modified or augmented by the uses and regulations set forth in the combining zone regulations.
(Ord. 337 Exh. A, 1991)
§ 18.09.080 Provisions applicable to all zones.
Each and every zone shall be subject to the provisions of Chapters 18.60, 18.63 and 18.67, in addition to the requirements and regulations set forth elsewhere in this title for each of the zones. The purpose of Chapters 18.60, 18.63 and 18.67 is to establish standards and considerations in order to achieve the maximum compatibility of these listed uses with their immediate and general settings. The standards and considerations shall apply to principal and accessory uses as specified, and shall guide the planning commission in the issuance of conditional use permits.
(Ord. 337 Exh. A, 1991)
§ 18.09.090 Prohibition of commercial marijuana land uses, including medical marijuana dispensaries.
A.
Commercial marijuana land uses, including, but not limited to, medical marijuana dispensaries, are prohibited in all zoning districts within the city, including, without limitation, all planned development districts, and no conditional use permit shall be issued to any dispensary.
B.
Except as provided in subsection C, the on-site consumption of cannabis or cannabis products by any method, including, but not limited to, smoking, vaporizing (also colloquially known as "vaping"), ingesting, or topical application is prohibited on any property, parcel, structure, or premises within the City of Wheatland that is not a private residence. This prohibition includes, without limitation, any commercial cannabis business or location where commercial cannabis activity occurs, such as dispensaries, delivery centers, lounges, or retail storefronts, as well as any other business, club, or location to which the public is invited or permitted, whether licensed or unlicensed.
C.
This section shall not prohibit the lawful use or possession of cannabis inside a private residence in accordance with state law.
D.
No commercial cannabis business, facility, or land use, including, but not limited to, dispensaries, retailers, microbusinesses, or any other operator, may permit or allow on-site consumption of cannabis or cannabis products.
E.
Violations of this section shall be enforced pursuant to Wheatland Municipal Code Chapters 1.16 and 1.18 and Section 18.88.030 and other applicable law. Notwithstanding any provision in this code to the contrary, persons who violate this section shall not be subject to criminal liability under this code to the extent that such conduct is immune from criminal liability under the Compassionate Use Act (Health and Safety Code Section 11362.5) and the Medical Marijuana Program (Health and Safety Code Section 11362.7 et seq.), as the same exist or may hereafter be amended.
(Ord. 422 § 5, 2010; Ord. 441 § 5, 2012; Ord. 486 § 6, 2018; Ord. 505, 11/25/2025)
