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HomeMy WebLinkAboutAttachmt 1 Existing(Adopted) Chapters of Zoning Ord for Phase I TITLE, PURPOSE, AND AUTHORITY Chapter 8.04 CHAPTER 8.04 TITLE, PURPOSE AND AUTHORITY 8.04.010 Title. This Title shall be known as the Zoning Ordinance of the City of Dublin, Title 8 of the Dublin Municipal Code, hereafter referred to as the "Ordinance" . 8.04.020 Purpose. The purpose of this Ordinance is to promote and protect the public health, safety, peace, comfort, convenience and general welfare and to preserve and enhance the aesthetic quality ofthe City by providing regulations to ensure an appropriate mix ofland uses, and that each land use relates properly to adjacent land uses in an orderly manner, and for the following more particularly specified purposes: A. Implement the Dublin General Plan and Specific Plans, and to guide and manage the future growth ofthe city in accordance with those plans. B. Protect, retain, and enhance the character and stability of existing development, and to encourage orderly and beneficial new development. C. Provide adequate light, air, privacy, and convenience cf access to property, and to secure safety from fire and other dangers. D. Prevent overcrowding the land and undue congestion cfthe population. E. Manage the distribution of population in accordance with the availability of the natural resources, and public facilities and services necessary to support a growing City. F. Protect and preserve the natural environment of the Cily of Dublin. G. Regulate the location, use, and design of buildings and land uses so as to reduce hazards to the public resulting from the inappropriate hcation, use, or design of buildings and land uses in relation to natural and built hazards and resources, existing buildings and land uses, and the existing or prospective traffic movements on the City's roadway system. H. Attain the physical, social, and economic advantages resulting from comprehensive and orderly land use and resource planning. City of Dublin Zoning Ordinance September, 1997 4-1 ATTACHMENT 1 TITLE, PURPOSE, AND AUTHORITY Chapter 8.04 8.04.030 Authority and General Plan Consistency. A. This Ordinance is enacted based on the authority vested in the City of Dublin by the State of California, including, but not limited to, the State Constitution, Section 65000 and subsequent sections of the Californa Government Code, the Housing Act, and the Health and Safety Code. B. It is the policy of the City of Dublin that the Zoning Ordinance be used to implement the General Plan and Specific Plans. The Dublin City Council intends that this Ordinance be consistent with the Dublin General Plan and Specific Plans, and that any land use or development approved in compliance with this Ordinance also be consistent with the Dublin General Plan and applicable Specific Plans. 8.04.040 Applicability of the Zoning Ordinance. This Ordinance applies to all land uses and development within the City of Dublin as follows: A. New land uses, building permits, structures, and changes to them. Compliance with all of the following requirements, to :he satisfaction of the Director of Community Development, is necessary for any person or public agency to lawfully establish a new land use or structur(~, issue a building permit, or to alter or replace any land use or structure: 1. The proposed land use must be allowed within the zoning district that applies to the site. 2. The proposed use ofland or structure, development, or related division of land must be legal or non-conforming and satisfy all applicable requirements and development regulations of this Ordinance, including but not limited to lot area, lot square footage per dwelling unit, lot dimensions, maximum residential use per lot, s ;ltbacks, distance between residences, maximum lot coverage, common meable outdoor space, height limits, sign regulations, and all other requirements ofthis Title. 3. Any Permit or other approval required by the applicable zoning district or other provision of this Title must be obtained in compliance with the requirements of this Ordinance and any applica ble conditions of approval of that Permit must be met to the satisfaction ofthe Director of Community Development. City of Dublin Zoning Ordinance September, 1997 4-2 TITLE, PURPOSE, AND AUTHORITY Chapter 8.04 B. Continuation of an existing land use or structure. It is unlawful and a violation of the Dublin Municipal Code for anyone to maintain the use of a parcel that violates any provision of Title 8; provided, however, a land use or structure that was lawfully established before this Ordinance was enacted or before enactment of any applicable amendment to this Ordinance, may continue, provided no expansion or modification to said pre-existing non-conforming uses or structures shall be permitted, except as allowed by Chapter 8.140, Non- Conforming Structures and Uses. C. Subdivision of land. Any subdivision of land within lhe City of Dublin occurring after the effective date of this Ordinance shall be consistent with the minimum lot size requirements, lot square footage per dwelling unit requirements, all other applicable requirements of this Ordinance, ani with Chapter 9 of the Dublin Municipal Code relating to subdivisions. D. Effect of Zoning Ordinance changes on projects in progress. The enactment of this Ordinance or amendments to its requirements may have the effect of imposing different standards on new land uses, development and/or structures than those that applied to existing land uses, development and/or structures. Following the effective date of this Ordinance, or any amendments to this Ordinance, the following provisions shall apply: 1. Pending applications. All land use permit applications that have been determined by the Department to be complete before the effective date of this Ordinance or any amendment, will be proc ;lssed according to the regulations in effect when the application was accepted as complete. 2. Approved projects not yet under construction. Any structure authorized by an Conditional Use Permit, Site Development Review, Temporary Use Permit, or Variance, for which construction has not begun as of the effective date ofthis Ordinance or any amendment, may still be constructed in compliance with the approved permit, as long as construction is completed and the approved land use is established before the expiration of the permit or, where applicable, before the expiration of any approved time extension. 3. Projects under construction. A structure that is under construction pursuant to a valid Building Permit on the effective date of this Ordinance or any amendment, may be completed and need not be changed to satisfy any new or different requirements of this Ordinance as long as construction is beyond the approval of the first inspection on the effective date of this Ordinance or any amendment, and provided that construction City of Dublin Zoning Ordinance September, 1997 4-3 TITLE, PURPOSE, AND AUTHORITY Chapter 8.04 8.04.050 8.04.060 is diligently prosecuted to completion. Such a structure shall be deemed to be a lawfully existing building. 4. Other requirements may still apply. Nothing in this Ordinance shall eliminate the need for obtaining any other permits required by the City, or any permit, approval or entitlement required by other chapters of the City Municipal Code or by the regulations of any C lty Department or by any County, regional, State, or Federal agency. 5. Permits, approvals, and licenses issued in compliance with Ordinance. All permits and licenses shall be issued by the 2ity in compliance with the provisions of this Ordinance, after the effectivt date of this Ordinance or any amendment. Any permit, approval, or lice Ise issued in conflict with this Ordinance shall be void. Responsibility for Administration. This Ordinance shall be administered by the Dublin City Council, Planning Commission, Director of Community Development, Zoning Adminislrator, and the Department of Community Development, as provided in Chapter 8.128, Authority to Administer Title 8. Interpretation. The Director of Community Development is assigned the responsibility and authority to interpret the reqlirements of this Ordinance. This Section provides rules for res.)lving questions about the meaning or applicability of any part of this Ordnance. A. Language. The meaning and construction of words and phrases as set forth shall apply throughout this Ordinance, except where the cortext of such words or phrases clearly indicates a different meaning or construction. Definitions contained in the Uniform Building Code shall be appli::ab1e except when in conflict with definitions contained in this Ordinance, il which case the Zoning Ordinance definition shall apply. The following general rules of construction shall apply to the textual provisions of this Ordinance: 1. Headings. The section and subsection headin~;s of this Ordinance do not govern, limit, modify, or in any manner affect 1he scope, meaning or intent of any provision of this Ordinance. 2. Illustrations. In case of any difference of meaning or implication between the text of any provision and any illusration, the text of the provision shall control. 4-4 City of Dublin Zoning Ordinance September, 1997 TITLE, PURF'OSE, AND AUTHORITY Chapter 8.04 D. Irrigation. The installation of irrigation lines. E. Remodeling: 1. Interior changes. Interior alterations that do rot result in an increase in the number of rooms or the gross floor area wilhin the structure, or a change in the permitted use of the structure. 2. Single-Family and two-family dwellings. Th~ remodeling of sing1e- family and two-family dwellings, provided tha1 the proposed remodeling is in compliance with all applicable regulations of this Ordinance. F. Repairs and maintenance. Ordinary repairs and maintenance, if the work does not result in any change in the approved land use of the site or structure, or the addition to, enlargement or expansion of the structure, and if any exterior repairs employ the same materials and design as originally used. G. Retaining walls. Retaining walls (retaining earth only) that are not over four feet in height measured from the bottom of the footing to the top of the wall and are not required to have a grading permit. H. School facilities. Certain school facilities as provided by Government Code Sections 53091 et. seq. I. Solar collectors. The addition of solar collection syst1lms to the roofs of existing structures. J. Utilities. The erection, construction, alteration, or maintenance by a public utility or public agency of underground or overhead utilities (i.e., water, gas, electric, telecommunication, supply or disposal systems, including poles, towers, wires, mains, drains, sewers, pipes, conduits, cables, fire-alarm boxes, police call boxes, traffic signals, etc.), but not including structures, shall be permitted in any zoning district, provided that the route of any electrical transmission line( s) having the potential of 50,000 volts or more shall be subject to City Council review and approval prior to acquisition of rights-of-way. 8.04.080 Other permits may be required. A permitted land use that has obtained a required Permit may still be required to obtain other permits before the building is constructed, or the use commenced, or otherwise established and put into operation. Nothing in this Ordinance shall eliminate the need to obtain any permits or approvals required by .)ther provisions of the Municipal Code, including but not limited to, building, grading, or other construction permits if required, a business license if required, subdivision approval if required, or any other permit requir,~d by a regional, State or City of Dublin Zoning Ordinance September, 1997 4-9 TITLE, PURPOSE, AND AUTHORITY Chapter 8.04 8.04.090 8.04.100 Federal agency. All necessary permits shall be obtained before starting work or establishing new uses. Joint Reference. Wherever a regulation is applied herein to any "A" zoning district, it shall be understood to apply 10 any zoning district or "zone" desi!,rnated in Chapter 8.16, Agricultural Zoning District by the primary symbol "A". Wherever a regulation is applied herein to any"R" zoning district it shall be understood to apply to any zoning district or "zone" desi!,rnated in Chapter 8.20, Residential Zoning Districts by the primary symbol "R". Wherever a regulation is applied herein to any "C" zoning district it shall be understood to apply to any zoning district or "zone" designated in Chapter 8.24, Commercial Zoning Districts by the primary symbol "C". Wherever a regulation is applied herein to any "M" zoning district it shall be understood to apply to any zoning district or "zone" designated in Chapter 8.28, Industrial Zoning Districts by the primary symbol "M". Wherever a regulation i~: applied herein to any "PD" zoning district it shall be understood to aJply to any zoning district or "zone" designated in Chapter 8.32, Planned Development Zoning Districts by the primary symbol "PD". The "A", "R", "C", and "M" zoning districts shall be understood to apply to any "PD" or Planned Development zoning district if the ordinance e~:tab1ishing the PD zoning district references that zoning district or where that zoning district is the most comparable zoning district as determined the Director of Community Development. Partial Invalidation of Zoning Ordinance. C any article, chapter, section, subsection, paragraph, subparagraph, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid, unconstitutional or unenforceable, these decisions shall not affect the validity of the remaining portions of this Ordinance. The Dublin City Council hereby declares that this Ordinance and each article, chapter, section, subsection, paragraph, subparagraph, sentence, clause, phrase and portion thereof would have been adopted irresr:ective of the fact that one or more of the portions of the Ordinance be declared invalid, unconstitutional or unenforceable. 4-10 City of Dublin Zoning Ordinance September, 1997 TITLE, PURPOSE, AND AUTHORITY Chapter 8.04 3. Shall, May, and Should. "Shall" is always m,mdatory and not discretionary. "May" is permissive and discretionary. "Should" is advisory and not mandatory. 4. Tense, Number, and Gender. Words used in the present tense include the past and future tense. Words used in the singular include the plural, and the plural the singular, unless the context clearly indicates the contrary. The masculine and feminine genders are both inclusive of the masculine, feminine, and neuter. 5. Conjunctions. Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows: "And" indicates that all connected items or pf(,visions shall apply. "Or" indicates that the connected items or provisions may apply singly or in any combination. "Either. . . Or" indicates that the connected items or provisions shall apply singly but not in combination. 6. Number of Days. Whenever a number of da~'s is specified in this Ordinance, or in any permit, condition of apprcval or notice issued or given as provided in this Ordinance, such numher of days shall be construed as calendar days, except that such time limits shall extend to the following working day where the last of the spl:cified number of days falls on a Saturday, Sunday or any City holiday. 7. Minimum Requirements. When interpreting md applying the regulations of this Ordinance, all provisions shall be considered to be the minimum requirements, unless stated otherwisf:. 8. Text Error. Where the Director of Communit:{ Development determines through review of the public record of a City C ~)Uncil hearing and action that the text of the Ordinance is in error, the Di~ector of Community Development shall have the authority to correc: the error to make the Ordinance text consistent with the action of the City Council. B. Zoning District Boundaries. If there is uncertainty ahout the location of any zoning district boundary shown on the official zoning map, the following rules are to be used in resolving the uncertainty. City of Dublin Zoning Ordinance September, 1997 4-5 TITLE, PURPOSE, AND AUTHORITY Chapter 8.04 1. Lot, alley or street lines. Where zoning distri,;t boundaries approximately follow lot, alley, or street lines, the lot lines and street and alley centerlines shall be construed as the district boundaries. 2. Divided parcel. If a zoning district boundary divides a parcel and the boundary line location is not specified by distances printed on the zoning map, the location of the boundary will be deternined by using the scale appearing on the zoning map. 3. Vacated or abandoned public street or alley. Where a public street or alley is officially vacated or abandoned, the property that was formerly the public street or alley will be included within th~ zoning district of the adjoining property on either side ofthe centerline of the vacated or abandoned public street or alley. 4. Physical feature. Where a zoning district boundary is shown as approximately following a physical feature such as a stream, drainage channel, topographic contour line, power line, or railroad right-of-way, the boundary location shall be determined by the Director of Community Development, based upon the character of the particular feature used as a boundary. 5. Map Error. Where the Director of Community Development determines through review of the public record of a City Council hearing and action on a rezoning that a zoning district boundary, l:ne, or other information on the official zoning map has been drafted in errc'r, the Director of Community Development shall have the authOJity to correct the error to make the official map consistent with the action of the City Council. C. Permitted Uses of Land. If a proposed use of land is not specifically included in Chapter 8.12, Zoning Districts And Permitted Uses of Land, Chapter 8.16, Agricultural Zoning District, Chapter 8.20, Residential Zoning Districts, Chapter 8.24, Commercial Zoning Districts, and Chapter 8.28, [ndustrial Zoning Districts, the use shall not be allowed, except as follows: 1. Permitted. The Director of Community Development may determine that a proposed use not included in the Use Types permitted by the above sections is permitted if the Director finds all of the following: a. Characteristics and activities. The characteristics of, and activities associated with the proposed lIse are in substantial conformity with those of one or more o o the uses included in the Use Types permitted by the zoning disnict, and will not involve a City of Dublin Zoning Ordinance September, 1997 4-6 TITLE, PURPOSE, AND AUTHORITY Chapter 8.04 higher level of activity, intensity, or population density than the uses included in the Use Types permittt:d in the zoning district. b. General Plan and Specific Plans. The proposed use will be consistent with the goals, objectives and policies of the General Plan and applicable Specific Plans. c. Purpose and Intent of zoning district. The proposed use will meet the purpose and intent of the zoning district that applies to the site. 2. Treated in Same Manner. When the DirectOl of Community Development determines that a proposed, but unincluded, use is in substantial conformity with an included and therefore permitted use, the proposed use will be treated in the same manner as the included use in determining where it is allowed, what permits or approvals are required and what other standards and requirements oftlis Ordinance apply. 3. Referral to Planning Commission. The Director of Community Development may refer questions about propmed but unincluded uses directly to the Planning Commission for a detelmination at a public hearing. D. Conflicting Requirements. 1. Other Municipal Code provisions. If conflic:s occur between requirements of this Ordinance, or between thii; Ordinance and other regulations of the City, the most restrictive sha 1 apply. 2. General Plan, Specific Plans. Where conflict; occur between this Ordinance and the General Plan or Specific Plans, the provisions of the General Plan and the Specific Plan shall apply. 3. Private Agreements. It is not the intended that the requirements of this Ordinance interfere with, repeal, abrogate or arnu1 any easement, covenant, or other agreement that existed when this Ordinance became effective. Where this Ordinance imposes a gre;lter restriction on the development or use of structures or land than a private requirement, the provisions of this Ordinance shall apply. Where a covenant or private agreement imposes a greater restriction than thi s Ordinance, the provisions of this Ordinance shall still apply without diminishing any private agreements or restrictions. The City will not enforce any private covenant or agreement unless it is a party to the covenan: or agreement. City of Dublin Zoning Ordinance September, 1997 4-7 TITLE, PURPOSE, AND AUTHORITY Chapter 8.04 E. Official Interpretations. Whenever the Director of Community Development determines that the applicability or meaning of any of the requirements of this Ordinance are unclear generally or as applied to a specific case, the Director of Community Development may issue an official interpretation. Official interpretations shall be: 1. In writing, and shall quote the provisions ofthi; Ordinance being interpreted, together with an explanation of the ir meaning or applicability in the particular or general circumstances that caused the need for interpretation. 2. Distributed to the City Council, Planning Commission, City Attorney, City Clerk, and Department staff. Any Ordinance provisions that are determined by the Director of Community Development to be unclear (with the exception of text and map errors addressed above) will be corrected by amending the Zoning Ordi Ilance as soon as is practical. Until amendments can occur, the Director of Community Development shall maintain a complete record of all official interpretations, available for public review, and indexed by the number of the Zoning Ordinance section that is the subject of the interpretation. F. Appeal and Referral. Any interpretations of this Ordinance by the Director of Community Development may be appealed as provided in Chapter 8.136, Appeals. The Director of Community Development may refer any interpretation of this Ordinance to the Planning Commission for a de ;ision at a public hearing. 8.04.070 Exemptions From Permit Requirements. The permit requirements of this Ordinance do not apply to the following activities, uses ofland and structures, which are allowed in all zoning distticts: A. Decks, paths and driveways. Decks, platforms, on-site paths, and driveways that are not required to have building or grading permi's by the Municipal Code, are not over 30 inches above the walking surface, and not over any basement or story below. B. Film and theater productions. Structures and related development required for temporary motion picture, television and theater stage ;ets and scenery, and still photographic sessions, provided that the development does not require alterations of the natural environment, i.e., removal of vegetation, grading or earthwork. C. Governmental activities. Activities of the City, State or an agency of the State, or Federal Government on leased or federally owned lmd. City of Dublin Zoning Ordinance September, 1997 4-8 ZONING DISTRICTS AND PERMITTED USES OF LAND Chapter 8.12 CHAPTER 8.12 ZONING DISTRICTS AND PERMITTED USES OF LAND 8.12.010 Purpose. The purpose of this Chapter is to establiBh zoning districts, adopt an official Zoning Map, show equivalent zoning districts between the new Zoning Ordinance and the former Zoning Ordinance, determine permitted land uses and conditionally permitted land uses, and establish decision maker mthority for such conditionally permitted land uses. Intent. The intent ofthis Chapter is to ensure the protection of the public health, safety, and welfare; and to classify and regulate the use of land, buildings and structures within the City of Dublin that will consi:;tently implement the General Plan and specific plans. 8.12.020 Zoning Districts Established. The City of Dublin shall be divided into zoning districts which consistently implement the General Plan and specific plans. The following zoning districts (which may be common:y referred to as "Zones") are established, and shall be shown on the official Zoning Map, Section 8.12.030. A Agricultural Zoning District R-1 Single Family Residential Zoning District R-2 Two Family Residential Zoning Di~trict R-M Multi-Family Residential Zoning District PD Planned Development Zoning District C-O Commercial Office Zoning District C-N Neighborhood Commercial Zoning District C-l Retail Commercial Zoning District C-2 General Commercial Zoning District M-P Industrial Park Zoning District M-1 Light Industrial Zoning District M-2 Heavy Industrial Zoning District 8.12.030 Zoning Map Adopted. A. The boundaries of the zoning districts established by Section 8.12.020 shall be shown upon the map designated as the "City of Dublin Zoning Map" (hereafter referred to as the "Zoning Map", on file with the City Clerk, and available at the Department of Community Development. B. The Zoning Map, together with all legends, symbols, nota:ions, references, zoning district boundaries, map symbols, and other information on the mlp has been adopted by the City Council in compliance with Government Code Sections 65800 et seq., and is hereby incorporated into this Ordinance by reference as though it were fully set forth here. City of Dublin Zoning Ordinance 12-1 September, 1997 Amended November 21, 2006 ZONING DISTRICTS AND PERMITTED USES OF LAND Chapter 8.12 C. The Zoning Map shall implement the adopted General Plan and specific plans. D. Amendments to the Zoning Map shall follow the process established in Chapter 8.120, Zoning Ordinance Amendment. 8.12.040 Zoning District Conversion Table. The following zoning district conversion table shows the equivalent zones of the new Zoning Ordinance and of the former Zoning Ordinance: New Zoning Ordinance Former Zoning Ordinance A R-1 R-2 R-M R-M PD C-O C-N C-1 C-2 M-P M-l M-2 8.12.050 Agricultural District A Agricultural District Single Family Residence District Two Family Residence District Four Family Dwelling District Multiple Residence District Planned Development District Administrative Office District Neighborhood Business District Retail Business District General Commercial District Industrial Park District Light Industrial District Heavy Industrial District Permitted and Conditionally Permitted Land Uses. The following "Land Use Matrix" lists the permitted and conditionally permitted Use Types, as defined in Chapter 8.08, Definitions, in each Zoning District, and the decision maker authority: City of Dublin Zoning Ordinance 12-2 Single Family Residential District Two Family Residential District Multi-Family Residential District Multi-Family Residential District Planned Development District R-1 R-2 R-3 R-4 PD Commercial Office District Neighborhood Commercial District Retail Commercial District General Commercial District C-O C-N C-1 C-2 AGRICULTURAL USE TYPE A R-l R-2 R-M C-O C-N C-l C-2 M-P M-l M-2 Animal Keeping - Agricultural C/ZA - - - - - - - - - - Animal Keeping - Commercial C/ZA - - - - - - - - - - Agricultural Processing C/ZA - - - - - - - - - - Bird Keeping - Commercial C/ZA - - - - - - - - - - Crop Production C/ZA - - - - - - - - - - Horse Stab1e/Riding Academv C/ZA - - - - - - - - - - Horsekeeping C/ZA - - - - - - - - - - Industrial Park District Light Industrial District Heavy Industrial District M-P M-l M-2 AGRICULTURAL USE TYPES September, 1997 Amended November 21, 2006 ZONING DISTRICTS AND PERMITTED USES OF LAND Chapter 8.12 RESIDENTIAL USE TYPES RESIDENTIAL USE TYPE A R-l R-2 R-M C-O C-N C-l C-2 M-P M-l M-2 AI!ricultura1 Housin.e; C/ZA - - - - - - - - - - Animal Keening - Residential P P P P - - - - - - - Boarding House - C/ZA C/ZA C/ZA - - - - - - - Caretaker Residence C/ZA - - - - - C/PC C/PC C/PC C/PC C/PC CommUnity Care Facility/Small P P P P - - - - - - - Duplex - - P P - - - - - - - Family Day Care Home/Large C/PC C/PC C/PC C/PC - - - - - - - (up to 14 children) Rev. Ort!. 20- 06 (November 2006) Family Day Care Home/ Small P P P P - - - - - - - (up to 8 children) Rev. Ord. 20- 06 (November 2006) Farm Mobile Home C/ZA - - - - - - - - - - Garage/Y ard Sale P p P P - - - - - - - Home Occupation P P P P - - - - - - - Mobile Home P P P - - - - - - - - Mobile Home /Manufactured - C/PC C/PC - - - - - - - - Home Park Multi-Familv Residence - - P P - - - - - - - Parking Lot - Residential - C/ZA C/ZA C/ZA - - - - - - - Residential Use Secondary to - C/PC - - - - C/PC - - - - Commercial Use Residential Conversion of - P - - - - - - - - - Garage to Living Space Second Unit - C/ZA - - - - - - - - - Single Family Residence P P P P - - - - - - - Temporary Mobile Home/ TUP TUP TUP - - - - - - - - Manufactured Home Tract and Sales Office/ - TUP TUP TUP - - - - - - - Model Home Complex Transitional Housing - - C/PC C/PC - - - - - - - Rev. Ord. 25-04 CIVIC USE TYPES CIVIC USE TYPE A R-l R-2 R-M CoO C-N C-l C-2 M-P M-l M-2 Community Clubhouse - C/PC C/PC C/PC - - C/PC - - - - Community Facility C/PC C/PC C/PC C/PC C/PC C/PC C/PC C/PC C/PC C/PC C/PC HospitallMedica1 Center - - - C/PC - - C/PC C/PC - - - Industrial Transfer/Storage/ - - - - - - - - - C/PC C/PC Treatment Facility Newspaper Recvc1ing Bin TUP TUP TUP TUP TUP TUP TUP TUP - - - Small Scale Transfer - - - - - - - - - C/PC C/PC and Storage Facility City of Dublin Zoning Ordinance 12.3 September, 1997 Amended November 21,2006 ZONING DISTRICTS AND PERMITTED USES OF LAND Chapter 8.12 COMMERCIAL USE TYPES COMMERCIAL USE TYPE A R-l R-2 R-M C-O C-N C-l C-2 M-P M-l M-2 Adult Business Establishment - - - - - - CIPC CIPC - - - Ambulance Service - CIPC - - - - - p - P - Animal Sales and Services C/ZA - - - - - CIPC CIPC - CIPC CIPC Arcade - - - - - - CIPC - - - - Arts and Crafts Fair TUP TUP TUP TUP TUP TUP TUP TUP TUP TUP - Auction Yard - - - - - - - CIPC CIPC CIPC - AutomobileN ehicle Brokeral!:e - - - - P P P P - - - AutomobileN ehic1e Rental - - - - - - - P - CIPC - Automobi1eN ehicle Repairs - - - - - - - P - CIPC - and Service AutomobileN ehicle Sales and - - - - - - - CIPC - CIPC - Service Automobi1eN ehicle Storage Lot - - - - - - - TUP - C/PC - Banks and Financial Services - - - - P P P P - - - Bed and Breakfast Inn CIPC C/PC C/PC CIPC - - CIPC CIPC CIPC CIPC CIPC Building Materials Sales - - - - - - P P - - - Car Wash/Detai1inl!: - - - - - - - C/ZA - - - Carnival - - - - - - TUP TUP - - - Cemeteries, Co1umbariums and CIPC - - - - - CIPC CIPC - CIPC - Mortuaries Christmas Tree Sales Lot - - - - TUP TUP TUP TUP - - - Community Care Faci1ity/Large - CIPC CIPC CIPC - - CIPC CIPC CIPC CIPC - COpying and Blueprinting - - - - P P P P - - - Dance Floor - - - - - - CIPC CIPC - CIPC - Day Care Center (15+ children) - CIPC CIPC CIPC C/PC CIPC C/PC CIPC CIPC CIPC CIPC Drive-in/Drive-throul!:h Business - - - - - C/PC CIPC CIPC - - - Eating and Drinking - - - - C/ZA C/ZA P P C/ZA C/ZA - Establishment Rev. Ord. 16-02 - - Emergency Shelters - - - - C/PC CIPC CIPC C/PC CIPC CIPC CIPC Rev. Ord. 25-04 Farmer's Market - - - - TUP TUP TUP TUP - - - Festival/Street Fair TUP TUP TUP TUP TUP TUP TUP TUP - - - Fireworks Sales - - - - - - TUP TUP - - - F ortunetelling - - - - - - C/PC CIPC - - - Health Services/Clinics - - - - C/ZA - P P - - - Hotel/Mote1 - - - - - - CIPC CIPC - - - Housemover's Storage Lot - - - - - - - - - - CIPC Impound Yard - - - - - - - - - CIPC CIPC Laboratory - - - - P - - P P P P Massage Establislunent - - - - - CIPC CIPC CIPC - - - Mini-Storage - - - - - - - P - - - Office - Contractor's - - - - - - - P P P P Office - - - - - P P P P P - - Professional/Administrative Office Trailer - Commercial - - - - TUP TUP TUP TUP TUP TUP TUP Outdoor Mobile Vendor - - - - C/ZA C/ZA C/ZA C/ZA C/ZA C/ZA C/ZA Outdoor Sale by Est. Dub. Bus. - - - - TUP TUP TUP TUP - - - Outdoor Seating - - - - CIPC CIPC CIPC CIPC - - - City of Dublin Zoning Ordinance 12.4 September, 1997 Amended November 21, 2006 ZONING DISTRICTS AND PERMITTED USES OF LAND Chapter 8.12 Parking Lot/Garage-Commercial - - - - C/PC C/PC P P C/PC P P COMMERCIAL USE TYPE A R-I R-2 R-M C-O CoN C-I C-2 M-P M-I M-2 Personal Services - - - - - P P P - - - Plant Nurserv C/PC C/PC - - - - C/PC C/PC - - - Pumpkin Sales Lot - - - - TUP TUP TUP TUP - - - Recreational F aci1ity/Indoor - - - - - - C/ZA C/ZA C/ZA C/ZA C/ZA Recreational F acility/Outdoor C/PC - - - - - C/PC C/PC C/PC C/PC C/PC Repair Shop - - - - - P P P - - - Retail - General - - - - - - P P - - - Retail - Neil!hborhood - - - - - P P P - - - Retail - Outdoor Storage - - - - - - C/PC C/PC - - - Retail - Service - - - - - - - P - - - School - Commercial - - - - - - P P - - - Service Station - - - - - C/P: C/PC C/PC - C/PC C/PC Shopping Center - - - - - - C/PC C/PC - - - Temporary Construction Trailer TUP TUP TUP TUP TUP TU~ TUP TUP TUP TUP TUP Temporary Outdoor Sale Not - - - - C/ZA C/ZA,. C/ZA C/ZA C/ZA C/ZA C/ZA Related to On-Site Established Business (Sidewalk Sale) Vehicle Storage Yd-Commercia1 - - - - - - - - - C/ZA C/ZA INDUSTRIAL USE TYPES INDUSTRIAL USE TYPE A R-I R-2 R-M CoO CoN C-I C-2 M-P M-I M-2 Equipment and materials Storage - - - - - - - C/PC - CIPC - Yard Industrial - Heavv - - - - - - - - - - P Industrial - Lil!ht - - - - - - - - P P P Printinl! and Publishing - - - - - - - - P P - Recyclinl! Facility - Commercial - - - - - - CIPC C/PC CIPC C/PC C/PC Research and Development - - - - - - - - P P P Laboratorv Sa1val!e and Wrecking Yard - - - - - - - - - CIPC C/PC Storal!e Container - - - - - - - - TUP TUP TUP Storage of Petroleum Products - - - - - - - P P P P for On-Site Use Trucking Terminal - - - - - - - - - P P Warehousinl! and Distribution - - - - - - - P P P P KEY IDlJ:CISIONMAKJ.tRAUJ;l{ORlTX <, Permitted P Not Permitted - Zoninl! Clearance ZC Conditional Use Permit/Zonilll! Administrator C/ZA Conditional Use Permit/P1anning Commission C/PC TemDorarv Use Permit TUP City of Dublin Zoning Ordinance 12.5 September, 1997 Amended November 21,2006 AGRICULTURAL ZONING DISTRICT Chapter 8.16 CHAPTER 8.16 AGRICULTURAL ZONING DISTRICT 8.16. 010 Purpose and intent. The purpose and intent oftbe Agricultural Zoning District is to establish regulations which achieve the following: A. Preserve and protect agricultural lands that are being used for the cOInmercial production of agricultural commodities consistent with th~ General Plan and applicable Specific.Plans and appropriate standards ofpuhlic health, safety, welfare, and aesthetics. B. Restrict the use.,s>fthe land in the Agricultural Zoning District to crop production, the raising of livestock, poultry and other animals and to :;imilar and related uses compatible with agricultural operations. C. Encourage a.",oricultural uses in places where more intensi"e development is not desirable or necessary for the public welfare. D. Encourage compatibility of all Agriculture use types with the surrounding neighborhood. E. Encourage compatibility of farm buildings with the surfO"JIlding neighborhood. F. Prohibit land uses that are not compatible with commercial agricultural operations. G. Preserve open space values and lands reserved for open S:Jace purposes. H. ...e adeql:late light, air, privacy, and open space for ea::,h dwelling. 1. Minimize traffic congestion and avoid the overloading of public services and utilities. 8.16.020 A (A",crricultural Zoning District). A. Use types permitted in A zoning district. Animal Keeping - Residential, Community Care Facility/Small, Garage/Yard Sale, Mobile Home, Single Family Residence, Small.Family Day Care Home; similar and related uses; temporary uses; and conditional uses. All Agriculture use types as show! in the Land Use Matrix require a Conditional Use Permit by the Zoning Administrator. B. Farm buildings. All farm buildings including, but not Lmited to, a stable, barn, pen, corral, greenhouse, or coop are permitted by means Jf a Site Development Review in the A zoning district. City of Dublin Zoning Ordinance 16-1 September, 1997 AGRJCUL TURAL ZONING DISTRICT Chapter 8.16 C. General Plan Consistency. The A zoning district is consistent with the Rural Residentiall Agriculture designation of the General Plan. 8.16.030 Permitted and Conditionally Permitted Land Uses, Regulations, and Performance Standards. A. Permitted and Conditionally Permitted Land Uses. For permitted and conditionally permitted land uses, please see the Land Use Matrix in Section 8.12.050. B. Accessory Structures and Uses Regulations. For accessory structures and uses regulations, plelf>e see Chapter 8.40. C. Development Agreement Regulations. For development agreement regulations, please see Chapter 8.56. .D. Development Regulations. For development regulations, please see Chapter 8.36. E. Home Occupations Regulations. For home occupations regulations, please see Chapter 8.64. F. Landscaping and Fencing Regulations. For landscaping and fencing regulations, please s~e Chapter 8.72. G. Off-Street Parking and Loading Regulations. For off-street parking and loading regulations, please see Chapter 8.76. H. Sign Regulations. For sign regulations, please see Chapter 8.84. I. Water Efficient Landscaping Regulations. For water efficient landscape regulations, please see Chapter 8.88. J. Wireless Communications Facilities Regulations. For Wireless Communications Facilities Regulations, please see Chapter 8.92. K. Performance Standards. AIl uses in the Agricultural zoning district shall conform to Section 8.28.030 (Industrial Performance Standards for the M-P zoning district). City of Dublin Zoning Ordinance 16-2 September, 1997 RESIDENTIAL ZONING DISTRICTS Chapter 8.20 CHAPTER 8.20 RESIDENTIAL ZONING IHSTRlCTS 8.20.010 Purpose and intent. The purpose and intent oft:tis Chapter is to establish regulations which achieve the following: A. Reserve neighborhood areas for residential living with a broad range of dwelling unit densities consistent with the General Plan and applicable Specific Plans and appropriate standards of public health, safety, welfare, and aesthetics. B. Ensure adequate light, air, privacy, and open space for each dwelling. C. Minimize traffic congestion and avoid the overloading of public services and utilities. D. Protect residential neighborhoods from excessive noise, illumination, unsightliness, odor, smoke, and other objectionable influences. E. Facilitate the provision of public improvements commemurate with anticipated increase in population, dwelling unit densities, and service requirements. F. Provide lands to accommodate housing units which meet~; the diverse economic and social needs of the residents; locating developments to actlieve the following: 1. Retain the scale and character of existing residentj al neighborhoods. 2. Facilitate the upgrade of declining and mixed-demity residential neighborhoods. 3. Allow expansion into vacant and low-intensity USI~ lands within infrastructure and environmental constraints. 8.20.020 Residential Zoning Districts. A. R-l (Single Family Residential Zoning District). 1. Intent. The R-l zoning district is intended to provide for and protect neighborhoods comprised of detached, single-family homes and residential use types compatible with a quiet, family-living envinnment. 2. Use types permitted in R-l zoning district. Animal Keeping - Residential, Community Care Facility/Small, GarageN ard Sa] e, Mobile Home, Single Family Residence, Small Family Day Care Home; similar and related uses; temporary uses; and conditional uses. 3. General plan consistency. The R-1 zoning district is consistent with the Low- Density Single-Family Residential, Single Famil)-Residential, and Medium Density Residential designations of the General Plan depending on the Lot Square Footage Per Dwelling Unit selected for th(~ development. City of Dublin Zoning Ordinance 20-1 September, 1997 Revised October 19, 2004 RESIDENTIAL ZONING DISTRICTS Chapter 8.20 4. Lot square footage per dwelling unit. The desiplation of an area in the R-1 zoning district shall include establishing a Lot Square Footage Per Dwelling Unit expressed as a suffix to the R-1 Zoning Map symbol (e.g., R-1-5,000, R- 1-10,000, etc.). B. R-2 (Two Family Residential Zoning District). 1. Intent. The R-2 zoning district is intended to pro'v'ide for and protect neighborhoods comprised of single family dwellings, two family dwellings at have development characteristics similar to single.family neighborhoods, duplexes, and residential use types compatible with a quiet, family-living environment. 2. Use types permitted in R-2 zoning district. Animal Keeping - Residential, Community Care Facility/Small, Duplex, Garage/Yard Sale, Mobile Home, Multi-Family Residence, Single Family Residenc(~, Small Family Day Care Home; similar and related uses; temporary uses; and conditional uses. 3. General plan consistency. The R-2 zoning district is consistent with the Medium Density Residential, and Medium-High Density Residential designations of the General Plan depending on the Lot Square Footage Per Dwelling Unit selected for the development. 4. Lot square footage per dwelling unit. The designation of an area in the R-2 zoning district shall include establishing a Lot Square Footage Per Dwelling Unit expressed a'l a suffix to the R-2 Zoning Map symbo1. C. R-M (Multi-Family Residential Zoning District). 1. Intent. The R-M zoning district is intended to provide for and protect neighborhoods comprised of single family residences, two family residences, and multi-family residences that are clustered to rrovide generous open space areas for common use, and that are generally closl~ to transit, shopping, and public facilities. 2. Use types permitted in R-M zoning district. The use types intended for the R-M zoning disuict include Animal Keeping - Residential, Community Care Facility/Small, Duplex, Garage/Yard Sale, Multi-Family Residence, Single Family Residence, Small Family Day Care Home; similar and related uses; temporary uses; and conditional uses. 3. General plan consistency. The R-M zoning distict is consistent with the Medium Density Residential, Medium-High Density Residential, and High- Density Residential designations of the General Plan depending on the Lot Square Footage Per Dwelling Unit selected for th~ development. City of Dublin Zoning Ordinance 20-2 September, 1997 Revised October 19, 2004 RESIDENTIAL ZONING DISTRICTS Chapter 8.20 4. Lot square footage per dwelling unit. The desig.nation of an area in the R-M zoning district shall include establishing a Lot Square Footage Per Dwelling Unit expressed as a suffix to the R-M Zoning Mar symbol. 8.20.030 Permitted and Conditionally Permitted Land l"ses, Regulations, and Performance Standards. A. Permitted and Conditionally Permitted Land Uses. For permitted and conditionally permitted land uses, please see the Land Us'~ Matrix in Section 8.12.050. B. Accessory Structures and Uses Regulations. For acces:;ory structures and uses regulations, please see Chapter 8.40. C. Density Bonus Regulations. For density bonus regulatic,ns, please see Chapter 8.52. D. Development Agreement Regulations. For deve10pmert agreement regulations, please see Chapter 8.56. E. Development Regulations. For development regulatiom:, please see Chapter 8.36. F. Home Occupations Regulations. For horne occupatiom regulations, please see Chapter 8.64. G. Inclusionary Zoning Regulations. For inclusionary zoning regulations, please see Chapter 8.68. H. Landscaping and Fencing Regulations. For landscaping and fencing regulations, please see Chapter 8.72. I. Off-Street Parking and Loading Regulations. For off-~treet parking and loading regulations, please see Chapter 8.76. J. Second Units Regulations. For second units regulations, please see Chapter 8.80. K. Sign Regulations. For sign regulations, please see Chap.:er 8.84. L. Water Efficient Landscaping Regulations. For water efficient landscape regulations, please see Chapter 8.88. M. Wireless Communications Facilities Regulations. For wireless communications facilities regulations, please see Chapter 8.92. N. Performance Standards. All uses in the Residential zoning districts shall conform to Section 8.28.030, Industrial Performance Standards for He M-P zoning district. O. Transitional Housing. For requirements for Transitional Housing, please see Section 8.20.040 of this Chapter. City of Dublin Zoning Ordinance 20-3 September, 1997 Revised October 19, 2004 RESIDENTIAL ZONING DISTRICTS Chapter 8.20 8.20.40 Requirements for Transitional Housing A. Transitional Housing Permitted with Conditional Use Permit. Transitional housing is a conditionally permitted land use in certain residential districts and similar residential Planned Development Districts developed at General Plan Medium and Medium High Densities. The Planning Commission shall be the decision making body for issuance of a conditional use permit (please see Land Use Matrix in Section 8.12.050). B. Transitional Housing Development and Performance .standards. Transitional housing may be conditionally permitted if the facility is compatible with the surrounding neighborhood and/or businesses and meets the following development and performance standards: Rev. Ord. 25-04 (October 2004) 1. The transitional housing has high accessibility to residents and low profile/visibility to others. 2. The hours of operation for the transitional housing will not result in negative impacts on other uses. 3. The generation of external lighting and noise is hpt to a minimum for the location. 4. The transitional housing is located with access to transportation, supportive services, and commercial services to meet daily nl~eds of residents. 5. The transitional housing is designed to provide adequate security measures to protect users and the surrounding neighborhood. 6. The transitional housing design and location refle,;ts the needs to the clients being served. 7. The transitional housing provides transportation of individuals to and from proposed facilities. 8. The transitional housing is in compliance with County and State health and safety requirements for food, medical and other supportive services provided on-site. 9. The transitional housing operation and rnanagement is in and maintains in good standing all County and/or State licenses, if required by these agencies for owner(s), operator(s), and/or staff ofthe propcsed facility. 10. The transitional housing is developed in accordan::e with the Development Regulations in Chapter 8.36 for the Zoning Distril:t and all applicable regulations and standards of the City of Dublin Zoning Ordinance. City of Dublin Zoning Ordinance 20-4 September, 1997 Revised October 19, 2004 COMMEI~CIAL ZONING DISTRICTS Chapter 8.24 CHAPTER 8.24 COMMERCIAL ZONING DISTRICTS 8.24.010 Purpose and intent. The purpose and intent of this Chapter is to establish regulations which achieve the following: A. Provide appropriate commercial areas for retail and service establishments, neighborhood convenience and office uses required by the residents of the City in a manner consistent with the General Plan and applicable Specific Plans. B. Provide adequate space to meet the needs of commercial development, including off- street parking and loading. C. Minimize traffic congestion and avoid the overloading of public services and utilities. D. Protect commercial areas from excessive noise, illumination, unsightliness, odor, smoke, and other objectionable influences. E. Facilitate the provision of public improvements commensurate with anticipated increase in population, and need for retail and service establishments. F. Promote high standards of site planning and landscape de~;ign for commercial and office developments within the City. G. Provide employment opportunities for existing and future residents of the City and those of adjacent communities. H. Provide for land uses which meet the needs of and attract regional populations, in addition to local residents. I. Ensure compatibility with adjacent land uses. 8.24.020 Commercial Zoning Districts. A. C-O (Commercial Office Zoning District). 1. Intent. The C-O zoning district is intended to pro vide for the continued use, expansion, and new development of commercial 0 ffice use types in proximity to major transportation corridors, and to ensure comratibility with adjacent residential and commercial uses. 2. Use types permitted in the C-O zoning district. AutomobileNehicle Brokerage, Banks and Financial Services, Copying and Blueprinting, Laboratory, City of Dublin Zoning Ordinance 24-1 September, 1997 Revised October 19, 2004 COMMERCIAL ZONING DISTRICTS Chapter 8.24 and Office - Professional/Administrative; similar and related uses; temporary uses; and conditional uses. 3. Use types conducted entirely within a building. All use types permitted in the c-o zoning district shall be conducted entirely within a building. 4. General plan consistency. The C-O zoning district is consistent with the Retail/Office, Campus Office, and Industrial/Campus Office designations of the General Plan. B. C-N (Neighborhood Commercial Zoning District). 1. Intent. The C-N zoning district is intended to provide for the continued use, expansion, and new development of small scale, low-intensity neighborhood commercial use types which serve and are in proximity to residential neighborhoods throughout the City, and to ensure compatibility with adjacent residential and commercial uses. 2. Use types permitted in the C-N zoning district. Automobile Nehicle Brokerage, Banks and Financial Services, Copying and Blueprinting, Office - Professional! Administrative, Personal Services, Repair Shop, and Retail - Neighborhood; similar and related uses; temporary uses; and conditional uses. 3. Use types conducted entirely within a building. All use types permitted in the C-N zoning district shall be conducted entirely within a building. 4. General plan consistency. The C-N zoning district is consistent with the Retail!Office and Neighborhood Commercial designations of the General Plan. C. C-l (Retail Commercial Zoning District). 1. Intent. The C-1 zoning district is intended to provide for the continued use, expansion, and new development of retail commercial use types along major transportation corridors and intersections, and to ensure compatibility with adjacent residential and commercial uses. 2. Use types permitted in the C-l zoning district. AutomobileNehicle Brokerage, Banks and Financial Services, Building Materials Sales, Copying and Blueprinting, Eating and Drinking Establishment, Health Services/Clinics, Office - Professional! Administrative, Parking Lot/Garage - Commercial, Personal Services, Repair Shop, Retail- General, Retail- Neighborhood, and School- Commercial; similar and related uses; temporary uses; and conditional uses. City of Dublin Zoning Ordinance 24-2 September, 1997 Revised October 19, 2004 COMMEHCIAL ZONING DISTRICTS Chapter 8.24 3. Use types conducted entirely within a building. All use types permitted in the C-1 zoning district shall be conducted entirely within a building with the exception of Parking Lot/Garage - Commercial. Retail - Outdoor Storage may be approved pursuant to a Conditional Use Permit. 4. General plan consistency. The C-I zoning district is consistent with the Retail/Office and General Commercial designation s of the General Plan. D. C-2 (General Commercial Zoning District). 8.24.030 1. Intent. The C-2 zoning district is intended to proyide for the continued use, expansion, and new development of general commercial use types along major transportation corridors and intersections, and to ensure compatibility with adjacent residential and commercial uses. 2. Use types permitted in the C-2 zoning district. Ambulance Service, AutomobileN ehicle Brokerage, AutomobileN ehide Rentals, AutomobileN ehicle Repairs and Service, Banks and Financial Services, Building Materials Sales, Copying and Blueprinting, Eating and Drinking Establishment, Health Services/Clinics, Laboratory, Mini-Storage Office - Contractor's, Office - Professional! Administrative, Parking Lot/Garage - Commercial, Personal Services, Repair Shop, Retail - General, Retail - Neighborhood, Retail - Service, and School- Commercial; similar and related uses; temporary uses; and conditional uses. 3. Use types conducted entirely within a building. All use types permitted in the C-2 zoning district shall be conducted entirely within a building with the exception of AutomobileN ehicle Rentals, Parking Lot - Commercial and Retail - Service. Retail- Outdoor Storage may be approvd pursuant to a Conditional Use Permit. 4. General plan consistency. The C-2 zoning district is consistent with the Retail/Office, Retail/Office and Automotive, and General Commercial designations of the General Plan. Permitted and Conditionally Permitted Land Uses, Regulations, and Performance Standards. A. Permitted and Conditionally Permitted Land Uses. For permitted and conditionally permitted land uses, please see the Land Use Matrix in Section 8.12.050. B. Accessory Structures and Uses Regulations. For accessory structures and uses regulations, please see Chapter 8.40. 24-3 September, 1997 Revised October 19, 2004 City of Dublin Zoning Ordinance COMMERCIAL ZONING DISTRICTS Chapter 8.24 C. Adult Business Establishment Regulations. For adult business regulations, please see Chapter 8.44. D. Density Bonus Regulations. For density bonus regulations, please see Chapter 8.52. E. Development Agreement Regulations. For development agreement regulations, please see Chapter 8.56. F. Development Regulations. For development regulations, please see Chapter 8.36. G. Home Occupations Regulations. For home occupations regulations, please see Chapter 8.64. H. Landscaping and Fencing Regulations. For landscaping and fencing regulations, please see Chapter 8.72. I. Off-Street Parking and Loading Regulations. For off-street parking and loading regulations, please see Chapter 8.76. J. Second Units Regulations. For second units regulations, please see Chapter 8.80. K. Sign Regulations. For sign regulations, please see Chapter 8.84. L. Water Efficient Landscaping Regulations. For water efficient landscape regulations, please see Chapter 8.88. M. Wireless Communications Facilities Regulations. For wireless communications facilities regulations, please see Chapter 8.92. N. Performance Standards. All uses in the Commercial zoning districts shall conform to Section 8.28.030 (Industrial Performance Standards for the M-P zoning district). O. Emergency Shelters. For requirements for Emergency Shelters, please see Section 8.28.070. City of Dublin Zoning Ordinance 24-4 September, 1997 Revised October 19, 2004 INDUSTRIJI.L ZONING DISTRICTS Chapter 8.28 CHAPTER 8.28 INDUSTRIAL ZONING ][)ISTRlCTS 8.28.010 Purpose and intent. The purpose and intent of this Chapter is to establish regulations which achieve the following: A. Provide appropriate industrial areas to accommodate enterprises engaged in manufacturing, processing, creating, repairing, renovating, painting, cleaning, or assembling of goods, merchandise, or equipment and o::nce uses, required by the residents of the City, in a manner consistent with the G:meral Plan and applicable Specific Plans. B. Provide adequate space to meet the needs of industrial development, including off-street parking and loading. C. Minimize traffic congestion and avoid the overloading of public services and utilities. D. Protect industrial areas from excessive noise, illuminaton, unsightliness, odor, smoke, and other objectionable influences. E. Facilitate the provision of public improvements commensurate with anticipated increase in population, and need for industrial establishments. F. Promote high standards of site planning and landscape design for industrial developments within the City. G. Provide employment opportunities for existing and future residents of the City and those of adjacent communities. H. Provide for land uses which meet the needs of and attract regional populations, in addition to local residents. I. Promote a mix of industrial uses that provide the City with a sound and diverse industrial base. J. Ensure compatibility with adjacent land uses. 8.28.020 Industrial Zoning Districts. A. M-P (Industrial Park Zoning District). 1. Intent. The M-:-P zoning district is intended to provide for the continued use, expansion, and new development of indus1rial park use types in proximity to major transportation corridors, and to ensure compatibility with adjacent residential and commercial uses. City of Dublin Zoning Ordinance 28-1 September, 1997 Revised October 19, 2004 INDUSTRIAL ZONING DISTRICTS Chapter 8.28 2. Use types permitted in the M-P zoning district. Laboratory, Office - Contractor's, Office - Professional! Administrative, Industrial - Light, Printing and Publishing, Research and Development Laboratory, Storage of Petroleum Products for On-Site Use, and Warehousing and Distribution; similar and related uses, temporary uses, and conditional uses 3. Use types conducted entirely within a building. All use types permitted in the M-P zoning district shall be conducted entirely within a building with the exception of Storage of Petroleum Products for On-Site Use. 4. General plan consistency. The M-P zoning district is consistent with the Business ParklIndustrial, Industrial Park, and Industrial!Campus Office designations of the General Plan. B. M-l (Light Industrial Zoning District). 1. Intent. The M-l zoning district is intended to provide for the continued use, expansion, and new development of light industrial use types in proximity to major transportation corridors, and to ensure compatibility with adjacent residential and commercial uses. 2. Use types permitted in the M-l zoning district. Ambulance Service, Laboratory, Office - Contractor's, Parking Lot/Garage - Commercial, Industrial - Light, Printing and Publishing, Research and Development Laboratory, Storage of Petroleum Products for On-Site Use, Trucking Terminal, and Warehousing and Distribution; similar and related uses, temporary uses, and conditional uses. 3. Open Storage/Parking. a. Enclosure. Open areas used for storage or for parking and loading of vehicles shall be enclosed by a solid wall or fence not less than 6 feet in height with solid entrance and exit gates. b. Stacking. Material shall not be stacked so that it is over 6 feet high. c. Grading and Drainage. All open storage and parking areas shall be paved with an all-weather paving and adequately graded and drained. d. Landscaping. A landscape buffer 10 feet wide shall be provided along all roadways which shall be adequately watered and maintained. This buffer shall be consistent with all screening requirements of Section 8. n.030.B, Screening Requirements. City of Dublin Zoning Ordinance 28-2 September, 1997 Revised October 19, 2004 '0 INDUSTRI)l.L ZONING DISTRICTS Chapter 8.28 4. General plan consistency. The M-l zoning district is consistent with. the Business Park/Industrial and Industrial Park designations of the General Plan. C. M-2 (Heavy Industrial Zoning District). 8.28.030 1. Intent. The M-2 zoning district is intended to provide for the continued use, expansion, and new development of heavy industrial use types in proximity to major transportation corridors, and to ensure compatibility with adjacent residential and commercial uses. 2. Use types permitted in the M-2 zoning distrkt. Laboratory, Office - Contractor's, Parking Lot/Garage - Commercial, Industrial- Heavy, Industrial - Light, Research and Development Laboratory, Storage of Petroleum Products for On-Site Use, Trucking Terminal, and Warehousing and Distribution; similar and related uses, temporary uses, and conditional uses. 3. General plan consistency. The M-2 zoning district is consistent with the Business ParklIndustrial: Outdoor Storage designation of the General Plan. Industrial Performance Standards, M-P Zoning District. All industrial land uses shall conform to the following standards. Any violation of these standards is a violation of the Zoning Ordinanc'~: A. Noise or vibration. No noise or vibration, other than related to transportation activities and temporary construction work, shall be diBcernible without instruments at any point on a lot line of the building si1e. B. Radioactivity. No activity, including storage or dumping, shall result in the emission of radioactivity in dangerous amounts. C. Electrical disturbance. No activity shall cause electrical disturbance adversely affecting the operation of any equipment other than tlu:.t of the creator of such disturbance. . D. Inflammable or explosive materials. No inflammable or explosive materials shall be produced, used, stored, or handled unless provided at all points with adequate safety devices and procedures against hazard:; of explosion and all equipment and devices for fire prevention and fire fighting approved by the Alameda County Fire Department. E. Air pollution. No air pollution or smoke shall be produced which is in violation of the requirements of the Bay Area Air Pollution Quality Management District. F. Glare or heat. No direct or sky-reflected glare or hea: shall be produced which is discernible without instruments at any point on a lot li:1e of the building site. 28-3 September, 1997 Revised October 19, 2004 City of Dublin Zoning Ordinance INDUSTRIAL ZONING DISTRICTS Chapter 8.28 G. Odorous Gasses. No emission of any odorous gasses or matter shall occur in quantities which are discernible without instruments at any point on a lot line of the building site. H. Dust, dirt or particulate matter. No discharge into the air of any dust, dirt or particulate matter shall occur from any activity or from any products stored on the building site which is discernible without instruments at any point on a lot line of the building site. I. Liquid contaminants. No discharge into any public sewer, private sewage disposal system approved by the County Department of Environmental Health, stream, or into the ground of any liquid contaminants or materials of such nature or temperature which contaminates any water supply, interferes with bacterial processes and sewage treatment, or in any way causes the emission of dangerous or offensive materials shall occur. 8.28.040 8.28.050 8.28.060 Industrial Performance Standards, M-l Zoning District. All industrial land uses in the M-1 zoning district shall conform to the industrial performance standards in Section 8.28.030 except that Subparagraph A (Noise or Vibration) is modified for the purposes of the M-1 zoning district to prohibit any noise or vibration, other than related to transportation activities and temporary construction work, which is discernible without instruments at lot line separating the premises from an abutting Residential zoning district. Industrial Performance Standards, M-2 Zoning District. All industrial land uses in the M-2 zoning district shall conform to the industrial performance standards in Section 8.28.030 except that subparagraphs A (Noise or Vibration), F (Glare or Heat), and G (Odorous Gasses) are modified for the purposes of the M-2 zoning district to prohibit any noise or vibration, other than related to transportation activities and/or temporary construction work, direct or sky-reflected glare or heat, or emission of any odorous gasses or matter in quantities which are discernible without instruments at a lot line separating the premises from an abutting Residential zoning district. Permitted and Conditionally Permitted Land Uses, and Regulations. A. Permitted and Conditionally Permitted Land Uses. For permitted and conditionally permitted land uses, please see the Land Use Matrix in Section 8.12.050. B. Accessory Structures and Uses Regulations. For accessory structures and uses regulations, please see Chapter 8.40. 28-4 September, 1997 Revised October 19, 2004 City of Dublin Zoning Ordinance INDUSTRIAL ZONING DISTRICTS Chapter 8.28 C. Development Agreement Regulations. For development agreement regulations, please see Chapter 8.56. D. Development Regulations. For development regulaticns, please see Chapter 8.36. E. Hazardous Waste Facilities Location Regulations. For hazardous waste facilities location regulations, please see Chapter 8.60. F. Landscaping and Fencing Regulations. For landscaFing and fencing regulations, please see Chapter 8.72. G. Off-Street Parking and Loading Regulations. For o::r-street parking and loading regulations, please see Chapter 8.76. . H. Sign Regulations. For sign regulations, please see Chapter 8.84. I. Water Efficient Landscaping Regulations. For water efficient landscape regulations, please see Chapter 8.88. J. Wireless Communications Facilities Regulations. For wireless communications facilities regulations, please see Chap;:er 8.92. K. Emergency Shelters. For requirements for Emergenc:1 Shelters, please see Section 8.28.070 of this Chapter. Rev. Ord. 25-04 (October 2004) 8.28.070 Requirements for Emergency Shelter Projects Rev. Ord. 25-04 (October 2004) A. Emergency Shelter Permitted with Conditional Use Permit. An Emergency Shelter is a conditionally permitted land use in all commercial districts and similar commercial Planned Development Districts. An Emergency Shelter may be accessory to a public or civic type use. The P~anning Commission shall be the decision making body for issuance of a conditional use permit (please see Land Use Matrix in Section 8.12.050). B. Emergency Shelter Development and Performance Standards. An Emergency Shelter may be conditionally permitted if be facility meets the requirements of Chapter 8.100 and meets the following development and performance standards: 1. The emergency shelter has high accessibility tc facility residents and low profile/visibility to others. 2. The hours of operation for the emergency shelter will not result in negative impacts on other uses. City of Dublin Zoning Ordinance 28-5 September, 1997 Revised October 19,2004 INDUSTRIAL ZONING DISTRICTS Chapter 8.28 3. The generation of extem.allighting and noise is kept to a minimum for the location. 4. The emergency shelter is located with access to transportation, supportive services, and commercial services to meet daily needs of residents. 5. The emergency shelter is designed to provide adequate security measures to protect facility residents and the surrounding neighborhood. 6. The emergency shelter design and location reflects the needs of the clients being served. 7. The emergency shelter provides transportation of individuals to and from proposed facilities 8. The emergency shelter is in compliance with County and State health and safety requirements for food, medical and other supportive services provided on-site. 9. The emergency shelter facility is in and maintains in good standing County and/or State licenses, if required by these agencies for the owner(s), operator(s), and/or staff on the proposed facility. 10. The emergency shelter is developed in accordance with the Development Regulations in Chapter 8.36 for the Zoning District and all applicable regulations and standards of the City of Dublin Zoning Ordinance. City of Dublin Zoning Ordinance 28-6 September, 1997 Revised October 19, 2004 . SCARLETT COURT OVERL.AY ZONING DISTRICT Chapter 8.34 CHAPTER 8.34 SCARLETT COURT OVERLAY ZONING DISTRICT 8.34.010 Purpose. The purpose of this Chapter is to esta.Jlish a procedure to ensure that all development in the Scarlett Court CverlayZoning District is reviewed for substantial compliance with the Scarlett Court Design Guidelines. 8.34.020 Intent. The intent of this chapter is to: A. Enhance the aesthetics the Scarlett Court Area; B. Guide the desib'Il of future development and improvements to reinforce the Scarlett Court Design Guidelines; and C. Improve the public realm to create a posit;ve pedestrian experience, enhance the area's image, and create a unique sense of place. 8.34.030 Applicability. The Scarlett Court Overlay Zoning District is a designation in addition to the M-1 (Light Industrial), C-2 (General Commercial) Zoning District that each property in the area retains. The standard Zoning District contains. all information regarding permitted and conditionally permitted uses, development standards, and regulations, while the Scarlett Court Overlay provides a mechanism to review development on any of the properties in the. District for substantial compli;mce with the Scarlett Court Design Guidelines. 8.34.040 Projects subject to compliance with this Chapter: A. New Construction. Any new construction 'Jr additions to an eXIstmg structure within the Scarlett Court Overlay Zcning District that alters the exterior appearance of the building. Internal tl~nant improvements are not subject to compliance with this Chapter. B. Exterior Modification of an Existing ~:tructure. Any exterior modification of an existing structure located within the Scarlett Court Overlay Zoning District, including but not linited to, facade renovation, new and/or additional windows and doors, and roof or ground-mounted mechanical equipment. C. Modification to Site Layout. Any modification to site layout or site improvements in the Scarlett Court Overlay Zoning District, including but not limited to, parking, walls and fencing, circulation, landscaping, accessory structures, or trash enclosures. D. Sign age. Installation of new signage or replacement of sign copy in the Scarlett Court Overlay Zoning District. City of Dublin Zoning Ordinance 34-1 May 15,2007 SCARLETT COURT OVERLAY ZONING DISTRICT Chapter 8.34 8.34.050 . 8.34.060 8.34.070 8.34.080 8.34.090 Application. The Applicant shall submit a complete Site Development Review application pursuant to Chapter 8.124, Applications, Fees and Deposits, accompanied by a fee and such materials as are required by the Director of Community Development. Notice Of Decision. A Notice of Decision shall be given consistent with Chapter 8.132, Notice and Hearings. No public hearing is required for Scarlett Court Overlay Zoning District Site Development Review unless the application is being considered is a permit which requires a public hearing pursuant to Chapter 8.132. Concurrent Consideration. When a Scarlett Court Overlay Zoning District Site Development Review is required for a project that is also subject to a Conditional Use Permit and/or Variance, it shall be approved, conditionally approved, or denied by the same decision-maker or body for those actions. Required Findings. The following findings shall all be made in order to approve an application for Scarlett Court Overlay Zoning District Site Development Review: A. Approval of the application is consistent with the purpose and intent of this Chapter. Any approval complies with the policies of the General Plan, with any applicable Specific Plans, with the development regulations or performance standards established for the standard Zoning District in which it is located, and with all other requirements of the Zoning Ordinance. B. C. The approval will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and general welfare. The design of the project will provide a desirable environment for the development and an attractive environment for the public. D. E. The project is in substantial compliance with the applicable chapters of the Scarlett Court Design Guidelines. Action. The decision maker for Scarlett Court Overlay Zoning District Site Development Review applications shall be the Director of Community Development (or his/her designee), except as provided in Section 8.34.070, Concurrent Consideration, of this Chapter. The Director of Community Development may, based on evidence in the public record, and on the findings above, make an administrative decision to approve, 34-2 May 15, 2007 City of Dublin Zoning Ordinance SCARLETT COURT OVERLAY ZONING DISTRICT Chapter 8.34 conditionally approve, or deny a Scarlett Coui Overlay Zoning District Site Development Review application. 8.34.100 Amendment. The process for amending a Scarlett Court Overlay Zoning District Site Development Review approval shall be the same as the process for approving a Scarlett Court Ove:rlay Zoning District Site Development Review application. The decision-maker for the Scarlett Court Zoning District Site Development Review amendment shall be the same decision..maker that ultimately approved the Scarlett Court Zoning District Site Development Review including approval on appeal. The Community Development Director or hislher designee may grant a Scarlett Court Overlay Zoning District Site Develorment Review Waiver for applications approved by another decision-maker or body upon the determination that the modification is a minor project and in accordance with Section 8.34.110, Waiver, to an approv(:d Scarlett Overlay Zoning District Site Development Review. 8.34.110 Waiver to an approved Scarlett Court Overlay Zoning District Site Development Review. The Community Development Director or hislher designee may allow a minor change to an approved Scarlett Court Overlay Zoning District Site Development Review as 1 Waiver upon determining the following: A. The proposed change is in substantial confcrmance with the approved Scarlett Court Overlay Zoning District Site De'Telopment Review; B. The proposed change is minor in scope; C. The proposed change is exempt from or not otherwise subj ect to the California Environmental Quality Act; and D. The proposed change is consistent with the ccnditions of approval for the . Scarlett Court Overlay Zoning District Site Development Review and is substantially consistent with the Scarlett Court Design Guidelines. It is not the intent of this Chapter that a seri(:s of Scarlett Court Overlay Zoning District Site Development Review W~.ivers be used to circumvent the need for full and complete Scarlett Court l)verlay Zoning District Site Development Review. 8.34.120 Waiver for a project that does not have all approved Scarlett Court Overlay Zoning District Site Development Review. The Community Development Director or hislher designee ma:1 allow a minor change to an existing site or building in the Scarlett Court Overlay Zoning District that does not have an approved Scarlett Court Overlay Zoning District Site Development Review as a Waiver upon deterr1ining the following: City of Dublin Zoning Ordinance 34-3 May 15, 2007 SCARLETT COURT OVERLAY ZONING DISTRICT Chapter 8.34 A. The proposed change is minor in scope; B. The proposed change is Categorically Exempt from the California Environmental Quality Act; and C. The proposed change is substantially consistent with the Scarlett Court Design Guidelines. It is not the intent of this Chapter that a series of Scarlett Court Overlay Zoning District Site Development Review Waivers be used to circumvent the need for full and complete Scarlett Court Overlay Zoning District Site Development Review. 8.34.130 Scarlett Court Design Guidelines. The Scarlett Court Design Guidelines adopted by the City Council on May 1, 2007 by Resolution 54-07, and as may be amended thereafter, shall be used to guide the review of Scarlett Court Overlay Zoning District Site Development Review applications. 8.34.140 Building Permits. Building Permits shall not be issued except in accordance with the terms and conditions of the Scarlett Court Overlay Zoning District Site Development Review approval. 8.34.150 Ordinary Maintenance and Repair. Nothing in this section shall be construed to prevent the ordinary maintenance or repair of any existing . exterior architectural feature on any property in the Scarlett Court Overlay Zoning District that does not involve a change in design, material, or exterior appearance and when such maintenance or repair is conducted in accordance with Chapter 8.140, Non-conforming Structures and Uses. 8.34.160 Procedures. The procedures set forth in Chapter 8.96, Permit Procedures, shall apply except as otherwise provided in this Chapter. City of Dublin Zoning Ordinance 34-4 May 15, 2007 DEVELOPMENT REGULATIONS Chapter 8.36 CHAPTER 8.36 DEVELOPMENT REGULATIONS 8.36.010 Purpose. The purpose of this Chapter is to set forth Development Regulations relating to lot area, lot square footage per residence, lot width, lot frontage, lot depth, residential use, setbacks, distance between residenc es, lot coverage, lot lines, yards and height limits as shown in the accompanying charts lU1d text. Intent. The intent of this Chapter is to secure the necessary provision for light, air, privacy, and safety from fire hazards, and to ensure that development within the City of Dublin provides a high quality living and working environment consistent with the policies of the City General Plan. 8.36.020 Agricultural and Residential Development Regulations. It is required that every building shall be built upon a site which conforms to the General Plan, applicable Specific Plans, arid the following development regtlations: A. Development Regulations are minimums unless stated ~lS maximums. All areas are given in net square feet. STANDARD A . R-I R-2 R-M LOT AREA Interior lot 100 acres 4,000 8,000 5,000 sq. ft. sq. ft. SQ. ft. Corner lot 100 acres 5,000 9,000 6,000 sq. ft. sq. ft. sq. ft. LOT SQUARE NA 4,000 sq. ft. and larger 4,000 sq. 1. and larger 750 sq. ft. and larger as FOOTAGE PER as consistent with as consistent with consistent with General DU General Plan General P tan. Plan LOT WIDTH & FRONTAGE Interior lot 300 feet 50 feet 80 feet 50 feet Corner lot 300 feet 60 feet 90 feet 60 feet LOT DEPTH NA 100 feet 100 feet 100 feet RESIDENTIAL 1 duo 1 du 2 du's 1 du per full 750 sq. ft. USE (maximum 1 Second Unit 1 Second Unit (and larger as consistent per lot) with General Plan) SETBACKS Front 50 feet 20 ft. avg. 20 ft. avg. 18 ft. 20 ft. 18 ft minimum to minimum l!:aral!:e (I) Side 30 feet (2) 10 feet 10 feet (3) Street Side 50 feet 10 feet 1 0 feet 10 feet Rear 50 feet 20 feet 20 feet 30 feet (1) Living spaces may encroach to 15 ft. from Front Lot Line with Site Development Review on lots up to 6,000 square feet in size. (2) Side Yard setbacks in the R-1 zoning district shall be a minimum of 5 eet plus one foot for each full 10 feet by which lot width exceeds minimum lot width up to a maximum of I 0 fe'~t. (3) Buildings with 4 or more residences in the R-M zoning district shall hcve a 15 foot Side Yard on one side. City of Dublin Zoning Ordinance 36-1 September, 1997 ,"mended November 21,2006 DEVELOPMENT REGULATIONS Chapter 8.36 ,SiT!' . DISTANCE BETWEEN RESIDENCES M~MUMLOTCOVERAGE 20 feet 40% 1 story,35% 40% 1 story, 35% 2 40% 1 story, 35% 2 2 stories stories stories COMMON USEABLE NA NA NA 30 % of net site OUTDOOR SPACE area HEIGHT LIMITS (1 (1) 1) (2) (1) West of Dougherty Road 25 feet and 2 stories; may be increased to 35 feet and 2 stories pursuant to a Site Development Review approval by the Planning Commission. East of Dougherty Road; 35 feet and 2 stories. 35 feet if 4 or fewer du.; 45 feet if 5 or more du.; 75 feet if 5 or more duo and lot coverage does not exceed 35%. NA (2) 8.36.030 Commercial and Industrial Development Regulations. It is required that every building shall be built upon a site which conforms to the General Plan, applicable Specific Plans, and the following regulations: A. Development Regulations are minimums unless stated as maximums. All areas are given in net square feet. STANDARD C~O C~N C~1 C-2 M...P Moool M-2 LOT AREA . . ... ...>.... .... . Interior lot 10,000 5,000 5,000 6,000 40,000 20,000 40,000 sq. ft. sa. ft. sq. ft. sa. ft. sa. ft. sq. ft. sa. ft. Comer lot 11,000 6,000 6,000 7,000 40,000 20,000 40,000 sq. ft. sa. ft. sq. ft. sa. ft. sa. ft. sq. ft. sa. ft. LOT WIDTH & .. I FRONTAGE Interior lot 70 feet 50 feet 50 feet 50 feet 150 feet 100 feet 150 feet Comer lot 80 feet 60 feet 60 feet 60 feet 150 feet 100 feet 150 feet LOT DEPTH 100 feet 100feet .100 feet 100 feet 100 feet 100feet 100 feet SETBACKS . Front 20 feet 20 feet o feet (1) o feet (1) 50 feet 10 feet 10 feet Side 10 feet o feet (2) o feet (2) o feet (2) 20 feet 10 feet 10 feet Street Side 10 feet 10 feet o feet (3) o feet (3) 20 feet 10 feet 10 feet Rear 10 feet o feet (4) o feet (4) o feet (4) 40 feet 20 feet 10 feet HEIGHT LIMITS 35 feet 35 feet 45 feet (5) 45 feet (5) 35 feet 45 feet 45 feet (1) 0 feet except, if abutting an R zoning district or CoO or CoN zoning district, the same as the Front Yard Setback of that zoning district. (2) 0 feet except, if abutting an R zoning district, the same as the Side Yard Setbacks of that district. (3) 0 feet except, if the Street Side Yard of a comer lot in a C-l or C-2 zoning district abuts a Key Lot in any R, CoO or CoN zoning district, not less than 1/2 of the Front Yard setback required for the Key Lot. (4) 0 feet except, 15 feet if a C-1 or C-2 zoning district backs up on an R zoning district. (5) 45 feet except, 35 feet if principal structure in a C-l or C- 2 zoning district is within 50 feet of an R zoning district. 8.36.040 Setbacks. Required setbacks describe areas on lots where no buildings, structures, or additions to them may be located, and which thereby become yard areas. Setbacks may be required between buildings, structures and property lines; between structures and road easements; between buildings and/or structures; between buildings, structures City of Dub/in Zoning Ordinance 36-2 September, 1997 Amended November 21, 2006 DEVELOPMENT REGULATIONS Chapter 8.36 and natural features such as watercourses; Of betwe'~n other features of site development. These regulations are not intended tc. allow the placement of any structure within a road or utility easement without t:xplicit permission from the easement holder. A. Setbacks established. Required setbacks are established LS follows. Where there is a conflict, the means listed first in the following table shall govern: 1. Future Right-Of-Way Line established by the City. 2. Public Utilities Easement. 3. Development agreements. 4. Chapter 8.36, Development Regulations. 5. Other provisions of this Title. B. - Location and measurement of setbacks. The setbacks required by this Chapter shall be located on lots as shown in Figure 36-1 and as follows: 1. Setback: The required distance that a building, str lcture or other designated item must be located from a lot line. The classifications of setbacks are: a. Front: The Front Setback is an area encompassing the Front Yard as defined in this Title. The Front Setback is measured at right angles to the Front Lot Line. b. Rear: The Rear Setback is an area encompassing the Rear Yard as defined in this Title. The Rear Setback is measured at right angles to the Rear Lot Line. c. Side: The Side Setback is an area encompassing the Side Yard as defined in this Title. The Side Setback is measured at right angles to the Side Lot Line. d. Street Side: The Street Side Setback is an lfea encompassing the Street Side Yard as defined in this Title. The Street Side Setback is measured at right angles to the Street Side Lot Line. City of Dublin Zoning Ordinance 36-3 September, 1997 ,4mended November 21, 2006 DEVELOPMENT REGULATIONS Chapter 8.36 Figure 36-1 KEY LOT FLAG .LOT I- W w 0:: l- I/) ................. . .r. ~.: '.' ~1 ~~ z .h ~ ~ VI ~~I ~ I/) I/) w U U .i... < ~ ~~ INTERIOR LOT ~~;i.~~-?~~.~~~!~~~ RESIDENTIAL ;~ CORNER LOT 'i;,~ .~ :) .... <-,0 uS...J 0::0::0:: w-w ~lf)z ::;;=>o:: ~oo u~u. f~~~ .:?; :;11, .f',',' ":.:j ~il iHROUGH LOT ." STREET .-/ r ~.;t":'';'~ FRONT SETBACK/YARD I::':':::':':':':':J SIDE SETBACK/YARD ~ REAR SETBACK/YARD ~ STREET SIDE SETBACK/YARD City of Dublin Zoning Ordinance 36-4 September, 1997 Amended November 21,2006 DEVELOPMENT REGULATIONS Chapter 8.36 8.36.050 Exceptions to Setbacks The following setback exceptions shall apply instead of those required by Section 8.36.020, Agri<:ultural and Residential Development Regulations, and Section 8.36.030, Commercial and Industrial Development Regulations, and any other setback requirements of this Title. A. - Front setback exceptions: 1. Future Right-Of-Way lines. Future Right-Of-Way lines may hereby be established by the City of Dublin to determine special building setbacks from certain street or highway rights-of-way, including future road rights-of-way. In any case where a Future Right-Of-Way Line is established, the Front Setback shall be measured from the Future Right-Of-Way Line instead of the existing right-of-way line required by this Title, provided that the exceptions for sloping lots in subsection A2 below shall also apply. 2. Sloping lots of 40,000 square feet or less. Where an existing sloping lot contains 40,000 square feet or less in net area and setback requirements are not specified on a recorded subdivision map, the required Front Setback may be determined as set forth in this subsection instead of as otherwise required by Chapter 8.36, Development Regulations. This section is not intended to allow the placement of any structure within any easement without explicit permission from all parties to the easement. This section is not intended to allow the creation of new lots that do not satisfy all applicable standards of this Zoning Ordinance. a. Reduced setback for buildings. Where the average slope of an existing lot is one vertical foot for every four horizontal feet (1 :4) or more in the first 60 feet of the lot measured perpendicularly between the edge of the pavement or traveled way and the proposed building, the Front Setback may be reduced by no more than 50 percent of the amount required for other lots in the same zoning district. Any structure placed at the reduced setback shall satisfy the requirements of subsection A.2.c. below. b. Reduced setback for parking. Where the average slope ofthe front 30 feet of the lot is one vertical foot for every five horizontaJ. feet (1 :5) or more as measured between the edge of pavement ani the proposed building, a private garage, carport, uncovered paved parking pad or deck with at least 2 parking spaces may be built to the property line at the street Right-Of-Way, provided that it is located at least 8 feet from the nearest Side Lot Line of the front half of an adjacent lot, and also satisfies the requirements of subsection A.2.c. below. c. Restrictions on structures at reduced sethacks. Any building or structure approved for construction at the reduced Front Setbacks provided by this section shall satisfy the following: City of Dublin Zoning Ordinance 36-5 September, 1997 Amended November 21,2006 DEVELOPMENT REGULATIONS Chapter 8.36 1. Approved by Department of Public Works. Any proposed construction requiring a building permit shall first have been approved by the Department of Public Works. 2. Encroachment Permit. No structure or improvement shall be allowed within any City road right-of-way without first obtaining an encroachment permit from the Department of Public Works. 3. Living Area. No living area shall be permitted above any garage or other structure located within the Front Setback area, except as provided in this section, unless specifically approved by the Zoning Administrator or the Planning Commission in response to a Conditional Use Permit application and at a legally noticed public hearing. B. Side and Rear Setback exceptions: 1. Common wall development. Any two dwelling units and/or their accessory garages, may be constructed on adjoining lots without setbacks between them as shown on Figure 36-2 provided that: a. Waiver of one Side Setback. Waiver of the Side Setback requirement for one Side Yard has been authorized through, planned development, conditional use permit, or variance approval; and b. Agreement/Deed Restriction. A common wall or party wall agreement, deed restriction or other enforceable restriction has been recorded; and c. Side Setback. The Side Setbacks opposite the common wall property line are not less than two times the minimum width required by this Chapter, and d. Common Wall Construction. Common wall construction is in compliance with the Uniform Building Code. . ( " Figure 36-2 COMMON WALL I)EVELOPMENT City of Dublin Zoning Ordinance .36-6 September, 1997 Amended November 21, 2006 DEVELOPMENT REGULATIONS Chapter 8.36 2. Compensating Provision of Rear Yard. Notwithstanding the yard requirements of this Ordinance, a Rear Yard may have a depth of not less than 10 feet if that portion of the Rear Yard that is covered by a structure is compensated for by open areas within the same or adjacent yards on the same parcel that exceed Side and Rear Yard _ . requirements by an area at least equal to the extent of the building coverage of the Rear Yard. Rev. Ord. 16-02 (November 2002) 3. Compensating Provision of Side Y ard. Notwith~.tanding the yard requirements of this Ordinance, a Side Yard may have a depth of not less than 5 feet if that portion of the Side Yard that is covered by a structure is compensated for by open areas within the same or adjacent yards on the same parcel that l~xceed Side and Rear Yard requirements by an area at least equal to the extent of the building coverage of the Side Yard. The Compensating Provision of Side Yard exception is not applicable to a Street Side Yard. Rev. Ord. 20-06 (November 2006) 4. Dwellings in commercial or industrial zoning dMricts. A dwelling proposed in any commercial or industrial district shall provide Side and Rear Setbacks as required in the R-M Multiple Residential district (or as shown on a Conditional Use Permit or Planned Development Development Plan), except when the dwelling is located within a commercial or industrial building. 5. Main Entrance on Side Yard. Where the main entrance to a dwelling is on a Side Yard, in the R-I and R-2 zoning districts, the Side Yard shall have a minimum width of 15 feet. In the R-M zoning district, the Side Yard shall be 20 feet wide. 6. Zero lot line development. A group of dwellings on adjoining lots may be designed and constructed so that they all abut one Side Lot Line provided that: a. Side Setback Requirement Modified. The ;ide Setback requirement has been modified for the entire block through planneC development or conditional use permit approval; and, b. Subdivision Map/Deed Restriction. The ffil)dified setback requirements for the block are recorded as part of a subdivision map, deed restriction, or other enforceable restriction, and c. Corner Lot. The required Front Setback and Street Side Yard Setbacks are not eliminated or reduced on a comer lot, and d. Side Setbacks. Side Setbacks opposite the z'~ro setback property line are not less than twice the minimum otherwise required by this chapter. City of Dublin Zoning Ordinance 36-7 September, 1997 Amended November 21, 2006 DEVELOPMENT REGULATIONS Chapter 8.36 8.36.060 Projections Into Required Setbacks - Building Features And Equipment. Three classes of projections into required setback are permitted: . A. Landing, Uncovered Porch, Stairway. A landing place, or uncovered porch, and stairway leading thereto which serves a dwelling unit entrance not greater than six (6) feet above the ground level, may project into a required yard a distance not greater than three (3) feet. B. Building Wall. A building wall encroaching two feet or less into a required yard may be extended so as to continue the same building wall line but may not reduce the required yard to a dimension less than that previously provided. C. Building Roof, Wall Features, Building Equipment. Certain building roof and wall features and building equipment, including but not limited to chimneys, bay windows with a maximum width of 8 feet, cornices, eaves, canopies, landings, stairways, and similar architectural features (not including decks more than 30 inches above natural grade, porches, or other indoor or outdoor living areas), and equipment such as solar collectors, air conditioning equipment and swimming pool equipment. These classes of projections may extend into required setbacks as follows where consistent with the requirements of Sections 504 and Section 1710 of the Uniform Building Code: 1. Front and Rear Setbacks. Such features and equipment may extend into any required Front or Rear Setback a maximum of 5 feet, provided that any equipment other than window-mounted air conditioners shall be screened from the view of the public road. 2. Side Setbacks. a. 5 feet or less. Where Side Setbacks are 5 feet or less, cornices, eaves, and canopies may extend into any required Side Setback a maximum of 2 1/2 feet, provided that no such feature shall be permitted within 3 feet of any Side Lot Line. b. More than 5 feet. Where Side Setbacks are more than 5 feet, such features and equipment listed above in Section 8.36.060.C may extend into any required Side Setback a maximum of 2 1/2 feet, provided that no such feature shall be permitted within 3 feet of any Side Lot Line. 3. Enclosure of equipment required. For lots less than 5,000 square feet in size, mechanical equipment that generates noise (such as swimming pool, spa and air conditioning equipment) on the property shall be enclosed as necessary to reduce noise at the property line to a maximum of 50 dBA at any time. City of Dublin Zoning Ordinance 36-8 September, 1997 Amended November 21,2006 DEVELOPMENT REGULATIONS Chapter 8.36 For lots 5,000 square feet in size or larger, mechanical equipment that generates noise (such as swimming pool, spa and air conditioning equipment) when located within a required setback as allowed by this subsection, and within 1 I) feet of an existing or potential residence, or an existing paved patio area on adjoining property, shall be enclosed as necessary to reduce noise at the property line to a rraximum of 50 dBA at any time. Rev. Ord. -16-02 (November 2002) 8.36.070 Interior Setbacks. Setbacks between structures OIL the same site shall be as provided by this section. A. Residential uses: 1. Separation between buildings. The minimum separation between detached dwellings or buildings containing multiple dwellings on the same site shall be as required by the Uniform Building Code or the conditions of approval of a Conditional Use Permit, Site Development Review, Variance, cr Development Regulations ofa Planned Development Development Plan approved for the project. 2. Interior courtyard. Two rows or groups of dwellings on the same site that are separated by an inner court that provides access to ':he dwellings shall be separated by a minimum of 20 feet. 3. Separation Between Multi-Family Buildings in R-M Zoning District. Multi-family buildings in the R-M Zoning District shall be separated by a minimum distance of20 feet. Any parking within the setback between multi-family buildings shall be in addition to the 20 foot setback. The 20 foot setbac( shall increase by 3 feet for every 10 feet that the height of the building exceeds 35 ft:et. B. Agricultural, commercial or industrial uses. As required by the Uniform Building Code. 8.36.080 Lot lines. Lot lines required by this Chapter shall)e located as shown in Figure 36-4, and as follows: A. Lot Line. Any boundary of a lot. Where adjacent to a public right-of-way a lot line shall be the Street Right-Of-Way Line shown on a recorded subdivision map or, when established, a Future Right-Of-Way Line. Where adjacent to a private right-of-way, a lot line shall be the boundary of the private right-of-way. The classifications (,flot lines are: 1. Front. The line separating the parcel from the Street Right-Of-Way Line, Future Right-Of-Way Line, or boundary of the private right-of-way. On comer lots, the Front Lot Line shall be the shortest lot line abutting a stn~et in residential zoning districts and the longest lot line abutting a street in commercial/industrial zoning districts. If the lot lines on a comer lot are equal in length, the Front Lot Line shall be determined by the City of Dublin Zoning Ordinance 36-9 September, 1997 Amended November 21,2006 DEVELOPMENT REGULATIONS Chapter 8.36 Director of Community Development. On a through lot, the Front Lot Line shall be the lot line abutting the street providing the primary access to the lot. 2. Interior. Any lot line not abutting a street. 3.-' Rear. A lot line, not intersecting a Front Lot Line, which is most distant from the most closely parallel to the Front Lot Line. In the case of an irregularly shaped lot or a lot bounded by only three lot lines, a line within the lot having a length of 10 feet, parallel to and most distant from the Front Lot Line shall be interpreted as the Rear Lot Line for the purpose of determining required yards, setbacks, and other provisions of this Title. 4. Side. Any lot line which is not a Front Lot Line or a Rear Lot Line. 5. Street Side. A lot line intersecting a Front LotLine, Rear Lot Line, or Side Lot Line, which is also either the Street Right-Of-Way Line, Future Right-Of-Way Line, or boundary of the private right-of-way. 10.~'- w REAR 5 LOT l-'~E I- 9 w o Vi FRONT LOT LINE w Z ::; I- o ...J W o Vi REAR LOT LINE FRONT LOT LINE '- FRONT LOT LINE REAR LOT LINE w z ::; I- 9 I- W W W o a:: Vi tn I- W W go Vl w z ::; I- o ...J W C Vi FRONT LOT LINE Figure 36-4 City of Dublin Zoning Ordinance 36-1 0 September, 1997 Amended November 21,2006 DEVELOPMENT REGULATIONS Chapter 8.36 8.36.090 Yards. Yards required by this Chapter shall be located on lots as shown in Figure 36- 1, and as follows: A. Yard. An open space on a lot, other than a court, unobstructed and unoccupied from the ground upward, except as permitted by this Ordinance. The classifications of yards are: 8.36.100 1. Front. An area extending across the full width of lhe lot between the Front Lot Line and a structural setback line parallel thereto. The determination of Front Yards for comer lots shall be as described for Front Lot Line above. 2. Side. An area extending from the required Front Yard to the required Rear Yard and from the Side Lot Line to a structural setback line parallel thereto. 3. Rear. An area extending across the full width of the lot between the Rear Lot Line and a structural setback line parallel thereto. 4. Street Side. An area extending from the required Front Yard to the Rear Lot Line and from the Street Side Lot Line to a structural setback line parallel thereto. Maximum Lot Coverage A. Applicability of coverage regulations. Maximum lot co'rerage regulations are intended to establish the maximum lot area that may be covered with huildings and structures. Buildings and structures include all land covered by principal buildirgs, garages and carports, accessory structures, (with the exception of one 120 square foot accessory structure, which shall be exempt from the coverage regulations) covered decks and gazebos, and other enclosed and covered areas; but not standard roof overhangs, cornices, eaves, uncovered decks, swimming pools, paved areas such as walkways, driveways, patios, uncovered parking areas or roads. Rev. Ord. 20-06 (November 2006) B. Computation of coverage. All areas of coverage are computed in terms of net lot area and at ground level. 8.36.110 Height Limits and Exceptions A. Applicability of height limits. Height limits for building:; and structures are established by Chapter 8.12, Zoning Districts and Permitted Uses of Land; other provisions of this Title; Chapter 8.36, Development Regulations; Chapter 8.72, Landscaping and Fencing Regulations for fence height lirnits; and Chapter 8.84, Sign Regulation:;, for sign height limits. No building or structure shall be constructed or altered to exct:ed the height limits established by this Title, except as otherwise provided by this Chapter. 36-11 September, 1997 4mended November 21, 2006 City of Dublin Zoning Ordinance DEVELOPMENT REGULATIONS Chapter 8.36 B. Measurement of height. The height limits for buildings and structures established by this Chapter or other provisions of this Title shall be measured as the vertical distance from the highest point of the structure to the average of the highest and lowest points where the exterior walls touch the natural grade, as shown in Figure 36-5. Highest point where exterior walls touch the natural grade 100" Height Limit AVERAGE 85" Lowest point where exterior walls touch the natural grade 70" Natural Grade FIGURE 36-5, MEASUREMENT OF HEIGHT C. Exceptions to height limits. The height limits for buildings and structures established by this Chapter are subject to the following exceptions: 1. Public and quasi-public buildings and structures. In a zoning district with a height limit of less than 75 feet, public and quasi-public buildings, communications equipment buildings, schools, churches, hospitals, and other institutions permitted in the zoning district, may be erected to a maximum height of75 feet, provided that all required setbacks shall be increased by one foot for each foot of height that the building exceeds the normal height limit established by the zone. 2. Residential exception - Sloping lots. The maximum height allowed for a dwelling may be increased when the average natural slope of a proposed building envelope is 15 percent or more, as follows: Max. Allowed Rei htIncrease 5 feet 10 feet 15 feet City of Dublin Zoning Ordinance 36-12 September, 1997 Amended November 21, 2006 DEVELOPMENT REGULATIONS Chapter 8.36 The maximum allowed height for a dwelling on a site with slope between 15 and 22.5 percent may be increased over the five feet specified above by the same proportion that the actual site slope exceeds 15 percent. The maximum allowed height for a dwelling on a site with slope between 22.5 and 30 percent may be increased over the 10 feet specified above by the same proportion that the actual site slope exceeds 22.5 percent. 3. Exceptions for specific types of structures: a. Architectural features, mechanical equipment. Chimneys, vents, and other architectural or mechanical appurtenances on buildings may be a maximum of 15 percent higher than the height limit of the applicable zone. b. Freestanding structures. Towers, poles, water tanks, and similar structures may be constructed higher than the height Lmit of the applicable zone if the additional height is authorized through a Conditional Use Permit approval by the Zoning Administrator. c. Utility and communications facilities. Individual radio and television receiving antennas, satellite dishes, transmission and distribution poles and towers for public utilities are not subject to the height limits of this Chapter. See Chapter 8.92, Wireless Communication Facilities Regulations, regarding land use approvals for those facilities. 8.36.120 Lot widths/frontages and Exceptions A. Applicability of Lot Widths. Lot widths are establishedJY Sections 8.36.020A and 8.36.030A, Development Regulations. No lot shall have a width less than that established by this Chapter, except as otherwise provided by this section. B. Measurement of Lot Width. The lot widths established by Sections 8.36.020A and 8.36.030 A or other provisions of this Ordinance shall be the horizontal distance between Side Lot Lines, measured at right ~mgles to the line along which lot depth is measured, at a point midway between the Front and Rear Lot Lines. C. Applicability of Lot Frontages. Lot frontages are established by Sections 8.36.020A and 8.36.030A. No lot shall have a frontage less than that established by this Chapter, except as otherwise provided by this section. D. Measurement of Lot Frontage. Lot frontages are measu~ed from Side Lot Line to Side Lot Line along the Front Lot Line. The Lot Frontage of a Building Site shall be equal to one-half ofthe Lot Width, or equal to the Frontage as required in Section 8.36.020A and 030A, whichever is greater. E. Irregular, Cul-de-sac, and Flag Lot widths. City of Dublin Zoning Ordinance 36-13 September, 1997 Amended November 21, 2006 DEVELOPMENT REGULATIONS Chapter 8.36 1. Irregular Lots. The Community Development Director shall determine the width of irregular lots. 2. Cul-de-sac lots. Cul-de-sac lot shall have a minimum Lot Frontage of 30 feet. 3. Flag lots. Flag lots are discouraged except under unusual design constraints. The driveway portion and Lot Frontage of an individual flag lot shall not be less than 30 feet wide, and the driveway portions and Lot Frontages of adjacent flag lots shall not be less than 20 feet wide, unless determined otherwise by a Site Development Review, Tentative Map, Planned Development Development Plan, or Variance. 8.36.130 Lot depth and Exceptions A. Applicability of lot depth. Lot depth is established by Sections 8.36.020A and 8.36.030A, and this Section. No lot shall have a depth less than that established by this Chapter, except as otherwise provided by this section. B. Measurement of lot depth. The lot depth established by Sections 8.36.020A and 8.36.030A or other provisions of this Ordinance shall be the horizontal distance measured along a line generally parallel to the Side Lot Lines between the Front Lot Line and the Rear Lot Line or where Side Lot Lines intersect. If either Side Lot Line has any angular change of direction, Lot Depth shall be measured along a straight line starting from the midpoint of the Front Lot Line so as to bisect the front half of the Lot, and extending to the Rear Lot Line. City of Dublin Zoning Ordinance 36-14 September, 1997 Amended November 21,2006 ACCESSORY STRUCTURES AND USES REGULATIONS Chapter 8.40 CHAPTER 8.40 ACCESSORY STRUCTURE;S AND USES REGULATIONS 8.40.010 Purpose. The purpose of these provisions is to establish the regulations that apply to accessory structures, and to specify the uses that are permitted as accessory to the principal uses in the zoning districts. Intent. The. intent of these provisions is to ensure the compatibility of accessory structures and uses with permitted structures and m es. 8.40.020 Accessory Structures A. Accessory Structures Included With Permitted Uses. In addition to the principal structures associated with permitted Use Types, each Use Type shall be deemed to include such accessory structures which are specifically identified by these Accessory Structures and Uses Regulations, and to include such other accessory structures which are necessarily and customarily associated with, and are appropriate, incidental, and subordinate to, such principal structures. It shall be the responsibility of the Director of Community Development to determine if a proposed accessory structure is necessarily and customarily associated with, and is appropriate, incidental, and subordinate to the principal structure, based on the Director of Community Development's evaluation of whether the proposed accessory structure is necessarily or customarily associated with the Use Type for which the development was constructed. Determinations by the Director of Community Development shaH be subject to appeal pursuant to Chapter 8.136, Appeals, and a record of all such determinations shall be maintained by the Director of Community Development. B. Accessory Structures Subject to Regulations. Accessory structures shall be regulated in the same manner as the principal structures within each zoning district, except as otherwise expressly provided in these regulations. C. General Requirements 1. Attached Structures. If an accessory structure is attached to a principal structure, it shall be made structurally a part of the principal structure and shall comply with all the requirements of this Title to the principal structure. 2. Breezeways. A breezeway or other extension of ":he principal structure or accessory structure roof may connect the accessory structure tJ the principal structure, but it shall not be considered part of the principal structun:. The breezeway and accessory building must meet principal building setbacks. City of Dublin Zoning Ordinance 40-1 September, 1997 Amended January 20, 2004 ACCESSORY STRUCTURES AND USES REGULATIONS Chapter 8.40 3. Height. Detached accessory structures, unless specified otherwise in this Chapter, shall have a maximum height of 15 feet. Detached accessory structures in the Agriculture zoning district shall have a maximum height of 15 feet except for barns which may be 2 stories high if the upper story is designated only for storage of hay and agricultural supplies. 4. Inhabitable space. Accessory structures, with the exception of Guesthouses and Second Units shall not be constructed so as to provide year-round inhabitable space. Rev. Ord. 16-02 (November 2002) 5. Location of Accessory Structure. Accessory structures shall be located on the same lot as principal use. 6. Maximum enclosure of gazebo or patio cover. A gazebo, patio cover, or other similar enclosure constructed of lattice, or equivalent material through which air and light can pass, shall be constructed so that 80% of each side, which is not attached to a principal structure, is open and not inhabitable on a year-round basis. 7. Public Works Setbacks. No accessory structure shall be located between the Street right-of-way line and a Future Right-of-Way Line. 8. Separation of detached accessory structure from other structures on the same lot. The distance of a detached accessory structure from any other structure on the same lot shall be as determined by the Uniform Building Code." Rev. Ord. 16-02 (November 2002) 9. One Side Yard shall not be obstructed to less than 36 inches. Notwithstanding that certain accessory structures may be located in a Side Yard, such accessory structures shall be located so that at least one Side Yard, which shall be gated, shall provide at least a 36 inch width of direct and unobstructed passage to the Rear Yard. 10. Timing of Construction. Accessory structures, temporary structures, and swimming pools shall be constructed or otherwise established at the same time as, or after, the principal structure or use. D. Requirements for Specific Accessory Structures that Apply City-wide. 1. Antennae. Antennae are subject to the provisions of Chapter 8.92, Wireless Communications Facility Regulations. 2. Flag poles. Maximum height of 35 feet with a minimum 5 foot setback from any property line. Additional height may be authorized through Conditional Use Permit approval by the Zoning Administrator. City of Dub/in Zoning Ordinance 40-2 September, 1997 Amended January 20, 2004 ACCESSORY STRUCTURES AND USES REGULATIONS Chapter 8,40 E. Agricultural Accessory Structures permitted by means of Site Development Review. All agricultural accessory structures, including, but not limited to, stable, barns, pens, corrals, greenhouses, or coops are permitted by means of a mte Development Review in the Agricultural zoning district. F. Permitted Residential Accessory Structures. 1. General requirements. a. Enclosed Accessory Structures in Multi-Family districts. No enclosed accessory structure shall be erected in a Multi-Family zoning district unless pursuant to a Site Development Review. b. In Front of a Residence. No accessory structure, with the exception of an entry feature, shall be located in the Front Yard, the area between the Front Yard and the residence, or within the portinn of a Side Yard or a Street Side Yard that projects in front of the residence. c. Key lots. On a comer lot in.an R-l or R-:~ zoning district adjacent to a Key Lot no accessory structure shall be closer t,) the Street Side Lot Line than 10 feet. d. Maximum square footage of detached accessory structures (excluding swimming pools) on a lot. For lots less than 5,000 square feet in size, one accessory structure in the Rear Yard with a maximum of 120 square feet shall be exempt from the Coverage Requirements For lots 5,000 square feet in size or larger, the combined maximum square footage of all accessory structures on a lot sllch as a detached accessory garage, workshop, studio, or office shall not exceed 1,000 square feet unless a larger size is approved by the Zoning Administrator by means of a Conditional Use Permit. Rev. Ord. 16-02 (November 2002) e. Rear Yard Coverage. The maximum coverage of the required Rear Yard by all accessory structures (with the exception (If swimming pools) is 30%. f. On the street side of a fence, hedge or wall. No accessory structure in an R-l or R-2 zoning district may be located on the street side of a fence, hedge or wall. City of Dublin Zoning Ordinance 40-3 September, 1997 Amended January 20, 2004 ACCESSORY STRUCTURES AND USES REGULATIONS Chapter 8.40 2. Structures. a. Exceptions to Accessory Structure Requirements. An exception to the requirements of this section may be approved by the Zoning Administrator by means of a Conditional Use Permit. b. Decks. Uncovered decks under 30 inches in height are permitted anywhere on a parcel, without respect to required setbacks. c. Entry features. Entry features (such as arbors, arches, and trellises) may be located within the required front Yard Setback provided they do not have a width of more than 15 feet, and do not have a height more than 10 feet. d. Greenhouse. A Greenhouse accessory structure with a maximum size of 500 square feet with transparent or translucent roof and/or wall panels. e. Guesthouses. A detached Guesthouse accessory structure may be established on the lot of a single-family residence, as follows: 1. Not located in setback area. A guesthouse shall not be located within any required setback area. 2. Permitted and prohibited spaces. A guesthouse may contain a sleeping space, bathroom and other living space, but may not contain kitchen facilities. 3. Floor area limitation. The maximum floor area allowed for a guesthouse is 50% of the habitable floor area of the main residence, up to a maximum of 840 square feet. f. Recreation facilities. Including recreation aCtIVIty courts and facilities, swimming pools, spas and hot tubs, provided those facilities are to be used solely by occupants of the dwelling(s) on the same lot and their guests. g. Security gates. Security gates and gate houses at project entrances are permitted through Site Development Review. h. Heights and Setbacks. Heights and setbacks for detached shade structures, gazebos, covered patios and enclosed structures are as follows: Rev. Ord. 16-02 (November 2002) City of Dublin Zoning Ordinance 40-4 September, 1997 Amended January 20, 2004 ACCESSORY STRUCTURES AND USES REGULATIONS Chapter 8.40 For lots less than 5,000 square feet in size. Shade Structures, Enclosed Enclosed Swimming Gazebos, Structure greater Stmcture less pools, spas, hot Covered Patios than 8 feet in than or equal to tubs and and Unenclosed height 8 fe,~t in height associated Structures equipment Height (max) 1 0 feet 10 feet 8 feet 8 feet Front Yard Not allowed Not allowed Not allowed Not allowed Setback except for Entry features permitted by Section 8.40.20.F.2.c Side Yard 3 feet 3 feet o feet o feet Setback Street Side Yard 3 feet 3 feet 3 feet o feet Setback Rear Yard 3 feet 3 feet o feet o feet Setback For lots 5,000 square feet in size or larger: Rev. Ord. 16-02 (N(lvember 2002) Shade Structures Enclosed Enclosed Swimming Gazebos Structure greater Stmcture less pools, spas, hot Covered Patios than 8 feet in than or equal to tubs and and unenclosed height 8 fe'~t in height associated structures equipment Height (max) 15 feet 15 feet 8 feet 8 feet Front Yard Not allowed Not allowed Not cllowed Not allowed Setback except for entry features permitted by Section 8.40.20.F.2.c Side Yard 5 feet 5 feet o fee: 3 feet* Setback Street Side Yard 5 feet 5 feet 5 fee: 3 feet* Setback Rear Yard 5 feet 5 feet o fee: 3 feet* Setback * Measured at waterline i. Signs. Signs are regulated by Chapter 8.84, Sign Regulations. City of Dublin Zoning Ordinance 40-5 September, 1997 Amended January 20, 2004 ACCESSORY STRUCTURES AND USES REGULATIONS Chapter 8.40 j. Swimming pools/spas/hot tubs. Private swimming pools, spas and hot tubs are permitted as accessory structures to approved residential structures on the same lot, subject to the following provisions: 1. Gates. Each gate providing access to the swimming pool, spa, hot tub, or the entire site through a fence shall be equipped with a self-closing, self-latching device designed to keep the gate securely closed when not in actual use. The latching device of the gate shall be at least 4 feet above finish grade. 2. Doors. Where a garage forms part of the pool enclosure, any door from the garage to the pool enclosure shall be equipped with a self-closing, self-latching device designed to keep the door securely closed when not in actual use. The latching device of the door shall be at least 4 feet above the floor. 3. Fencing. The swimming pool, spa, hot tub, or the entire site shall be enclosed by a fence at least 48 inches high. 4. Maintenance required. The owner or the person in possession of the premises shall maintain the gates, doors, and fencing in good condition at all times. k. Tennis and sport courts. Non-commercial outdoor tennis courts and courts for other sorts (e.g., racquetball, etc.) accessory to a residence are accessory structures subject to the following requirements: 1. Fencing. Shall be subject to the height limits of Chapter 8.72, Landscaping and Fencing Regulations. 2. Lighting. Court lighting shall not exceed a maximum height of 20 feet. Such lighting shall be directed downward, shall only illuminate the court, and shall not illuminate adjacent property. G. Commercial and Industrial Accessory Structures permitted pursuant to Site Development Review and as required by this Title. 1. Carports, garages, bicycle lockers, and off street parking areas and structures. 2. Shade structures. 3. Detached unenclosed storage buildings and pole buildings. Typically associated with the outdoor display of building materials, nursery stock, or other materials which are typically displayed outdoors or under a solid canopy. City of Dublin Zoning Ordinance 40-6 September, 1997 Amended January 20, 2004 ACCESSORY STRUCTURES AND USES REGULATIONS Chapter 8.40 4. Security gates. Including security gates and gate houses at project entrances. 5. Recreation facilities. 6. Transit facilities. 7. Trash enclosures and recycling facilities. H. Prohibited accessory structures within all Use Types. 1. Restrooms with bathing facilities in a detached garage, office, studio or workshop. 2. Detached inhabitable accessory structure othe r than a Guesthouse or Second Unit. 8.40.030 Accessory Uses A. Accessory Uses Encompassed by Primary Use. In addition to the principal uses expressly included in a permitted (or conditionally permitted if approved pursuant to a Conditional Use Permit) Use Type, each Use Type shall be deemed to include such accessory uses which are specifically identified by these Accessory Structures and Uses Regulations; and to include such other accessory uses which are necessarily and cw;tomarily associated with, and are appropriate, incidental, and subordinate to, such principal uses. It shall be the responsibility of the Director of Community Development to determine if a proposed accessory use is necessarily and customarily associated with, and is appropriate, incidental, and subordinate to, the principal Use Type, based on the Director of Community Development's evaluation of the resemblance of the proposed accessory use to those uses s['ecifically identified as accessory to the principal Use Types and the relationship between the proposed accessory use and the principal Use Type. Determinations by the Director of Community Development shall be subject to appeal pursuant to Chapter 8.136, Appeals, and a record of all such determinations shall be maintained by the Director of Community Develor ment. B. Accessory Uses Subject to Regulations. Accessory uses shall be regulated in the same manner as the principal uses within each Use Type, except as otherwise expressly provided by these regulations. C. Requirements for Specific Accessory Uses that Apply City-wide. The following accessory uses are as described below. 1. Accessory storage of building materials and e(][uipment. Building materials and equipment being used for construction may be stored on the construction site as long as a valid building permit is in effect for the construction. Building materials and City of Dublin Zoning Ordinance 40-7 September, 1997 ,ttmended January 20, 2004 ACCESSORY STRUCTURES AND USES REGULATIONS Chapter 8.40 equipment include stockpiles of construction materials, tools, equipment, and building component assembly operations. 2. Wireless Communications Facilities. subject to the provisions of Chapter Regulations. Wireless Communications Facilities are 8.92, Wireless Communications Facilities 3. Flag poles. Flag poles are permitted uses in any zoning district. D. Permitted Agricultural Accessory Uses. 1. Office. Office for the administration of an Agriculture Use Type. E. Permitted Residential Accessory Uses. 1. Garages. A Garage accessory use consists of an attached or detached accessory structure used for the storage of vehicles, for a workshop, or for storage space. A detached accessory garage shall not occupy more than 1,000 square feet per residence (including any workshop or storage space within the garage) unless a larger area is authorized by the Zoning Administrator by means of a Conditional Use Permit. The floor area of an accessory garage that is attached to a dwelling unit is not limited, except as may be required by the Uniform Building Code or any other applicable construction or fire code. The combined maximum square footage of a detached accessory garage, workshop, studio, or office shall not exceed 1,000 square feet unless a larger size is authorized by the Zoning Administrator by means of a Conditional Use Permit. 2. GarageN ard sales. The temporary sale of used household or personal articles held on the seller's own residential premises, also referred to as a yard sale or rummage sale, so long as such sales are limited to two days per event and are not conducted on the same lot more than four times within a calendar year. 3. Greenhouses. A Greenhouse for the non-commercial raising of plants. 4. Guesthouses. A guesthouse may be established as an accessory use on the lot of a single-family residence, as follows: a. Limitation on use. A guesthouse shall comply with the following provisions: 1. For the purposes of this Chapter, prohibited kitchen facilities include kitchen-type counters and/or cabinets, kitchen sinks, or any appliances for the preparation or preservation of food, including but not limited to, gas or electric ranges, ovens or stovetops, microwave ovens, refrigerators with more than 5 cubic feet of capacity, or freezers. City of Dublin Zoning Ordinance 40-8 September, 1997 Amended January 20, 2004 ACCESSORY STRUCTURES AND USES REGULATIONS Chapter 8.40 2. A guesthouse shall not be allowed on any lot containing a secondary dwelling established pursuant to Chapter 8.80, Second Units. 3. No more than one guesthouse shall be established on any lot. 5. Home Occupations. Home Occupations are subject to the provisions of Chapter 8.64, Home Occupation Regulations. Rev. Ord. 1-04 (January 2004) 6. Rental and sales office. A rental and sales officI: for the leasing and sales of units located in the same apartment or condominium complex. 7. Repair and maintenance of automobiles or .)ther vehicles. The repair and maintenance of automobiles or other vehicles is permitted if work is being done on a vehicle registered to the occupant of the premi ies. Notwithstanding the above, painting of motorized vehicles, or the repair and maintenance of any tractor trucks or semi-trucks is prohibited in any residential zoning district. No sound associated with the repair or maintenance of automobiles shall be atldible at the property line. 8. Rooming and boarding. The rental of bedrooms within a single-family dwelling to no more than four borders is a permitted accessory use. Rental of rooms to more than four borders constitutes a Boarding House, whichs included within the definition of Multi-Family Dwelling and is allowed in the R-l, R-2, and R-M zoning districts by the Zoning Administrator pursuant to a Conditional USI: Permit. 9. Swimming pools/spas/hot tubs. Private swimming pools, spas and hot tubs for approved residential uses on the same lot, provided those facilities are to be used solely by occupants of the dwelling(s) on the same lot and their guests. 10. Tennis and sport courts. Non-commercial outdoeor tennis courts and courts for other sorts (e.g., racquetball, etc.) accessory to a residential Use Type are permitted as accessory uses. F. Accessory Uses prohibited in Residential and Agricultural Districts. No accessory use involving any of the following shall be conducted within 1 Front Yard, the area between the Front Yard and the residence, or a Street Side Yard on a ccrner lot (outside a fence or wall) in any agricultural or residential district: 1. Storage, repair or dismantling. The storage, mpair or dismantling of motorized vehicles, electrical refrigerators, washers, dryersJr other household appliances, or other items determined to be in substantial conformity with the above by the Director of Community Development. City of Dublin Zoning Ordinance 40-9 September, 1997 /~.mended January 20, 2004 ACCESSORY STRUCTURES AND USES REGULATIONS Chapter 8.40 2. Storage or display. The storage or display of equipment, appliances, tools, materials or supplies unless as part of a Garage/Yard Sale. G. Permitted Commercial and Industrial Accessory Uses. 1. Automatic Teller Machine. 2. Cafeteria, delicatessen and food vending. Permitted if less than 1,000 square feet in area. 3. Plazas for public assembly. 4. Recreational facilities. Recreational facilities, whether indoors or outdoors, for the use of employees. Such facilities include, but are not limited to: basketball courts, ballfields, putting greens and volleyball courts. 5. Recycling collection center. Facility for collection of recyclable materials generated on-site. 6. Retail sales. Retail sales incidental to wholesale sales in Industrial zoning districts where the retail sales space is 10% or less of the entire sales space. 7. Retail sale of products produced by a permitted Industrial Use Type on the premises. City of Dublin Zoning Ordinance 40-10 September, 1997 Amended January 20, 2004 HISTORIC OVERLAY ZONING DISTRICT SITE DEVELOPMENT REVIEW Chapter 8.62 CHAPTER 8.62 HISTORIC OVERLAY ZONING DISTRICT SITE DEVELOPMENT REVIEW 8.62.010 8.62.020 A. 8.62.030 8.62.040 A. Purpose. The purpose of this Chapter is to es:ablish a procedure to ensure that all development in the Historic Overlay Zoning District is reviewed for substantial compliance with the Dublin Vi llage Historic Area Specific Plan. B. Intent. The intent of this chapter is to: Preserve and enhance the remaining historic resources within the Dublin Village Historic Area; Guide the design of future development to reinforce the unique historic qualities and design elements that once defined Dublin Village; and Improve the public realm to create a positive pedestrian experience, enhance the area's image as a historic district, and create a unique sense of place. C. Applicability. The Historic Overlay Zoning District is a designation in addition to the standard Zoning District that each property in the Historic District retains (C-O, C-1, PD, R-M, etc.). The standard Zoning District contains all information regarding permitted and conditionally permitted uses, development standards, and regulations while the Historic Overlay provides a mechanism to review developmen: on any of the properties in the District for substantial compliance with the Dublin Village Historic Area Specific Plan. B. Projects subject to compliance with this Chapter: New Construction. Any new construction or additions to an existing structure within the Historic Overlay Zoning District that alters the exterior appearance of the building. Internal <enant improvements are not subj ect to compliance with this Chapter. Exterior Modification of an Existing Structure. Any exterior modification of an existing structure located within the Historic Overlay Zoning District, including but not limited to, facade renovation, new and/or additional windows and doors (with f~ames), and roof or ground- mounted mechanical equipment. Re-roofin:5 or repainting an existing building that is not undergoing any other modtfications with like materials and/or colors is not subject to compliance with this Chapter. Signage. Installation of new signage or repllcement of sign copy in the Historic Overlay Zoning District. C. 62-1 September, 1997 Amended September 19,2006 City of Dublin Zoning Ordinance HISTORIC OVERLAY ZONING D1STR.ICT SITE DEVELOPMENT REVIEW Chapter 8.62 8.62.050 8.62.060 8.62.070 8.62.080 D. Modification To Site Layout. Any modification to site layout or site improvements in the Historic Overlay Zoning District, including but not limited to, parking, fencing, circulation, landscaping, accessory structures, or trash enclosures. Application. The Applicant shall submit a complete Site Developrnent Review application pursuant to Chapter 8.124, Applications, Fees and Deposits, accompanied by a fee and such materials as are required by the Director of Community Development. Notice Of Decision. A Notice of Decision shall be given consistent with Chapter 8.132, Notice and Hearings. No public hearing is required for Historic Overlay Zoning District Site Development Review unless the application is being considered concurrently with another permit requiring a public hearing. Concurrent Consideration. When Historic Overlay Zoning District Site Development Review is required for a project that is also subject to a Conditional Use Permit and/or Variance, it shall be approved, conditionally approved, or denied by the same decision-maker or body for those actions. A. Required Findings. The following findings shall all be made in order to approve an application for Historic Overlay Zoning District Site Development Review: Approval of the application is consistent with the purpose and intent of this Chapter. Any approval complies with the policies of the General Plan, with any applicable Specific Plans, with the development regulations or performance standards established for the standard Zoning District (C-O, C-1, PD, R-M, etc.) in which it is located, and with all other requirements of the Zoning Ordinance. The approval will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and general welfare. The design of the project will provide a desirable environment for the development and an attractive environment for the public. The project is in substantial compliance with the applicable chapters of the Dublin Village Historic Area Specific Plan. B. c. D. E. 62-2 September, 1997 Amended September 19,2006 City of Dublin Zoning Ordinance HISTORIC OVERLAY ZONING DISTRICT SITE DEVELOPMENT REVIEW Chapter 8.62 8.62.090 8.62.100 8.62.110 Action. The decision maker for Historic Overlay Zoning District Site Development Review applications shall be the Director of Community Development (or hislher designee), excert as provided in Section 8.62.070, Concurrent Consideration. The Director of Community Development may, based on evidence in th~ public record, and on the findings above, make an administrative decision to approve, conditionally approve, or deny a Historic Overlay Zoning District Site Developrnent Review application. Amendment. The process for amending a Historic Overlay Zoning District Site Development Review approva. shall be the same as the process for approving a Historic Overlay Zoning District Site Development Review application. The deci sion-maker for the Historic Overlay Zoning District Site Development Review amendment shall be the same decision-maker that ultimately approved the Historic Overlay Zoning District Site Development Review including approval on appeal. The Community Development Director or his/her designee may grant a Historic Overlay Zoning District Site Development Review Waiver for applications approved by another decision-maker or body upon the determination that the modification is a minor project and in accordance with Section 8.62.110, Waiver to an approved Historic Overlay Zoning District Site Development Review. A. Waiver to an approved Historic Ovel'lay Zoning District Site Development Review. The Community Development Director or hislher designee may allow a minor change to an approved Historic Overlay Zoning District Site Development Review as a Waiver upon determining the following: The proposed change is in substantial conformance with the approved Historic Overlay Zoning District Site Development Review; The proposed change is minor in scope; The proposed I change is Categorically Exempt from the California Environmental Quality Act; and The proposed change is consistent with the conditions of approval for the Historic Overlay Zoning District Site Development Review and is substantially consistent with the Dublin ViJage Historic Area Specific Plan. B. C. D. It is not the intent of this Chapter that a series of Historic Overlay Zoning District Site Development Review Waivers bl: used to circumvent the need for full and complete Historic Overlay Zoning District Site Development Review. 62-3 September, 1997 Amended September 19,2006 City of Dublin Zoning Ordinance HISTORIC OVERLAY ZONING DISTRICT SITE DEVELOPMENT REVIEW Chapter 8.62 8.62.120 8.62.130 8.62.140 8.62.150 8.62.160 A. B. Waiver for a project that does not have an approved Historic Overlay Zoning District Site Development Review. The Community Development Director or his/her designee may allow a minor change to an existing site or building in the Historic Overlay Zoning District that does not have an approved Historic Overlay Zoning District Site Development Review as a Waiver upon determining the following: The proposed change is minor in scope; The proposed change is Categorically Exempt from the California Environmental Quality Act; and The proposed change is substantially consistent with the Dublin Village Historic Area Specific Plan. c. It is not the intent of this Chapter that a series of Historic Overlay Zoning District Site Development Review Waivers be used to circumvent the need for full and complete Historic Overlay Zoning District Site Development Review. Dublin Village Historic Area Specific Plan. The Dublin Village Historic Area Specific Plan adopted by the City Council on August 1, 2006 through Resolution 149-06, and as may be amended thereafter, shall be used to guide the review of Historic Overlay Zoning District Site Development Review applications. Building Permits. Building Permits shall not be issued except in accordance with the terms and conditions of the Historic Overlay Zoning District Site Development Review approval. Ordinary Maintenance and Repair. Nothing in this section shall be construed to prevent the ordinary maintenance or repair of any existing exterior architectural feature on any property in the Historic Overlay Zoning District that does not involve a change in design, material, or exterior appearance. Procedures. The procedures set forth in Chapter 8.96, Permit Procedures, shall apply except as otherwise provided in this Chapter. City of Dublin Zoning Ordinance 62-4 September, 1997 Amended September 19, 2006