HomeMy WebLinkAboutAttachmt 2 Draft Chapters of Zoning Ordinance for Phase I
DRAFT
TITLE, PURPOSE, AUTHORITY AND ADMINISTRATION
Chapter 8.04
TITLE, PURPOSE, AUTHORIlY AND ADMINISTRATION
CHAPTER 8.04
8.04.010
8.04.020
A.
B.
C.
8.04.030
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 "Zoning Ordinance."
Purpose. The purpose of this Zoning Ordinance is to promote and protect the
public health, safety, peace, comfort, convenience and general welfare; to
preserve and enhance the aesthetic quality of thn City by providing regulations to
ensure an appropriate mix of Uses, and that each Use relates properly to adjacent
Uses in an orderly manner; establish the decision the authority and powers for the
administration of the Zoning Ordinance; and for the following specified purposes:
Implement the General Plan and Specific Plans, and to guide and manage the
future growth of the City in accordance with those plans.
Protect, retain, and enhance the character and Btability of existing Development,
and to encourage orderly and beneficial new Development.
Provide adequate light, air, privacy, and convenience of access to property, and to
secure safety from fire and other dangers.
D.
Prevent overcrowding of the land and undue con~lestion of the population.
E.
Manage the distribution of population in accorcance with the availability of the
natural resources, public facilities and services necessary to support a growing
City.
F.
Protect and preserve the natural environment of the City.
G.
Regulate the location, Use, and design of Structures and Uses so as to reduce
hazards to the public resulting from the inappropriate location, Use, or design of
Structures and Uses in relation to natural and built hazards and resources, existing
Structures and 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 Use and resource plclnning.
I.
Safeguard and enhance the appearance of the City.
Authority and General Plan Consistency.
A.
This Zoning Ordinance is enacted based on the authority vested in the City by the
State, including, but not limited to, the State Constitution, Section 65000 and
subsequent sections of the California Governrr ent Code, the Fair Housing Act,
and the Health and Safety Code.
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City of Dublin Zoning Ordinance
Attachment 2
DRAFT TITLE, PURPOSE, AUTHORITY AND ADMINISTRATION
Chapter 8.04
B. It is the policy of the City that the Zoning Ordinance be used to implement the
General Plan and Specific Plans. The Council intends that this Zoning Ordinance
be consistent with the General Plan and Specific Plans, and that any Use or
Development approved in compliance with this Zoning Ordinance also be
consistent with the General Plan and applicable Specific Plans.
8.04.040 Applicability of the Zoning Ordinance. This Zoning Ordinance applies to all
Uses and Development within the City as follows:
A. New Uses, Building Permits, Structures, and Changes to Them. Compliance
with all of the following requirements, to the satisfaction of the Community
Development Director, is necessary for any person or public agency to lawfully
establish a new Use or Structure, issue a building Permit, or to alter or replace any
Use or Structure:
1. The proposed Use must be allowed within the zoning district that applies to
the site.
2. The proposed Use, Structure, Development, or related division of land must
be legal, and satisfy all applicable requirements and Development
Regulations of this Zoning Ordinance, including but not limited to Lot area,
Lot Square Footage Per Dwelling Unit, Lot dimensions, Setbacks, distance
between residences, maximum Lot Coverage, common useable outdoor
space, Height limits, Sign regulations, and all other requirements of this
Zoning Ordinance.
3. Any Permit or other approval required by the applicable zoning district or
other provision of this Zoning Ordinance must be obtained in compliance
with the requirements of this Zoning Ordinance, and any applicable
conditions of approval of that Permit must be met to the satisfaction of the
Director.
B. Continuation of an Existing Use or Structure. It is unlawful and a violation of
the Code for a person to maintain the Use of a Parcel that violates any provision of
this Zoning Ordinance; provided, however, a U:,e or Structure that was lawfully
established before this Zoning Ordinance was enacted or before enactment of any
applicable amendment to this Zoning Ordinance, may continue, provided no
expansion or modification to said pre-existing Nc n-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 the City occurring after the
effective date of this Zoning Ordinance shall be consistent with the minimum Lot
size requirements, all other applicable requirements of this Zoning Ordinance, and
with Title 9, Subdivisions, of the Municipal Code.
City of Dublin Zoning Ordinance
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DRAFT TITLE, PURPOSE, AUTHORITY AND ADMINISTRATION
Chapter 8.04
8.04.050 Administrative Responsibility. Title 8, Zoning, shall be administered by the City
Council, Planning Commission, Zoning Administrator, and Community
Development Director, as prescribed in this Chapter.
8.04.060 Community Development Director and Community Development Department
A. Authority. The Community Development Director shall have administrative
authority over the Community Development Department. The Community
Development Director is designated as the appointing authority for personnel
purposes for the Community Development Department.
B. Appointment. The Community Development Director shall be appointed by the
City Manager and shall serve at the discretion of lhe City Manager.
C. Duties. The Community Development Department shall perform the duties and
functions prescribed in the Municipal Code and in California Government Code
Section 65103. Through its Director, the Department shall carry out any other
responsibilities assigned by the City Council, including but not limited to, the
administration and enforcement of the provisions of Title 8; the review of projects
pursuant to the requirements of Title 8 and the City of Dublin Environmental
Guidelines; and the day-to-day and long range management of the Department.
Except where otherwise provided in Title 8, the Director may designate members
of the Department staff to carry out his/her responsibilities under this Title.
D. Powers. The Community Development Director shall have the approval authority
over those matters as specifically provided by Title 8.
E. Referral to Zoning Administrator and Planning Commission. At any point in
the project review process the Community De'/elopment Director may transfer
original hearing jurisdiction to the Zoning Admini::;trator and Planning Commission
at his/her discretion because of policy implications, unique or unusual
circumstances, or the magnitude of the project. See Section 8.96.020.C, Permit
Procedures.
F. Appeal. Decisions of the Community Development Director may be appealed as
provided in Chapter 8.136, Appeals.
8.04.070 Zoning Administrator.
A. Authority. The Community Development Dimctor shall serve as the Zoning
Administrator pursuant to the authority established by California Government Code
Section 65900 et. seq., and as established by thi~; section.
B. Appointment. The Community Development Director, at his/her discretion, may
designate a membHr of the Community Development Department staff to serve as
the Zoning Administrator.
City of Dublin Zoning Ordinance
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DRAFT
TITLE, PURPOSE, AUTHORITY AND ADMINISTRATION
Chapter 8.04
C.
Duties and Supervision of the Zoning Administrator
8.04.080
8.04.090
1. Duties and Functions. The Zoning Adm Inistrator shall perform the duties
and functions prescribed in the Municipal Code in addition to those
assigned by the Director.
2. Designee. When the Community Development Director assigns the duties
of the Zoning Administrator to a staff person, that designee shall also
perform any additional duties in the Department of Community
Development assigned by the Director as appropriate to the personnel title
of the designee. The designee sha I be subordinate and directly
responsible to the Director and/or any intermediate supervisory staff in the
performance of all duties other than those of Zoning Administrator, but shall
not be subordinate to, nor under the direction or control of the Director
when performing the duties of Zoning Administrator.
D.
Powers. The Zoning Administrator shall serve as a hearing officer and is
assigned the authority and original jurisdiction to investigate, consider, approve or
deny applications for Conditional Use Permits, Variances, and any other matters
as specifically provided by this Title.
E.
Referral to Planning Commission. At any poin.: in the project review process the
Zoning Administrator may transfer original hearing jurisdiction to the Planning
Commission at his/her discretion because of policy implications, unique or unusual
circumstances, or the magnitude of the project. See Chapter 8.96, Permit
Procedures.
F.
Appeal. Decisions of the Zoning Administrator may be appealed as provided by
Chapter 8.136, Appeals.
Planning Commission. The duties of the Plann ng Commission are described in
Chapter 2.12 of the Municipal Code.
Project Review Committee.
A.
Authority/Land Use Permits, The Project Review Committee shall review
Conditional Use Permits, Site Development Reviews, Variances, Parcel Maps and
Tentative Maps being processed pursuant to Title 9, Subdivisions, and other land
use permits; and shall advise the Community Development Department Staff on
such applications; and propose conditions of approval. The Project Review
Committee shall be chaired by the manager of th3 project being reviewed.
B.
Authority/Other Planning Actions. The Project Review Committee shall review
Planned Development Rezones, and Zoning Ord nance Amendments and other
planning actions, to determine appropriate standards to include in ordinances and
planning documents.
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City of Dublin Zoning Ordinance
DRAFT
8.04.100
C.
TITLE, PURPOSE, AUTHORITY AND ADMINISTRATION
Chapter 8.04
Appointment. The Project Review Committee shall consist of a representative of
such agencies and City departments that have an interest in a project and would
provide conditions of approval or other developmEmt standards.
Interpretation. The Community Developm3nt Director is assigned the
responsibility and authority to interpret the requirements of this Zoning Ordinance.
This Section provides rules for resolving questions about the meaning or
applicability of any part of this Zoning Ordinance.
A.
Language. The meaning and construction of wo ods and phrases as set forth shall
apply throughout this Zoning Ordinance, except where the context of such words
or phrases clearly indicates a different meanin~ or construction. All capitalized
terms contained in this Zoning Ordinance are defined in Chapter 8.160,
Definitions, of this Zoning Ordinance. Definitions contained in the Uniform Building
Code shall be applicable except when in conflict with definitions contained in
Chapter 8.160 of this Zoning Ordinance, in which case the Zoning Ordinance
definition shall apply. The following general rules of construction shall apply to the
textual provisions of this Zoning Ordinance:
1. Headings. The Section and subsection headings of this Zoning Ordinance
do not govern, limit, modify, or in any manner affect the scope, meaning or
intent of any provision of this Zoning Ordin3nce.
2. Illustrations. In case of any difference 0.' meaning or implication between
the text of any provision and any illustratj,)n, the text of the provision shall
control.
3. Shall, May, and Should. "Shall" is always mandatory 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 tenses. Words used in the singular include the plural,
and the plural the singular, unless the comext 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 provisions shall apply.
"Or" indicates that the connected items or provisions may apply singly or in
any combination.
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City of Dublin Zoning Ordinance
DRAFT
TITLE, PURPOSE, AUTHORITY AND ADMINISTRATION
Chapter 8.04
"Either. . . Or" indicates that the connected items or provisions shall apply
singly but not in combination.
6. Number of Days. Whenever a number :>f days is specified in this Zoning
Ordinance, in any permit, condition of approval or notice issued or given as
provided in this Zoning Ordinance, such number of days shall be construed
as calendar days, except that such time limits shall extend to the following
business day where the last of the spedfied number of days falls on a
Saturday, Sunday or any City holiday.
7. Minimum Requirements. When interpreting and applying the regulations
of this Zoning Ordinance, all provisions shall be considered to be the
minimum requirements, unless stated othE'rwise.
8. Text Error. Where the Director determines through review of the public
record of a City Council hearing and action that the text of this Zoning
Ordinance is in error, the Community Development Director shall have the
authority to correct the error to make the Zoning Ordin~nce text consistent
with the action of the City Council.
B. Zoning District Boundaries. If there is uncertainty about the location of any
zoning district boundary shown on the official ze,ning map, the following rules are
to be used in resolving the uncertainty.
1. Lot, Alley or Street Lines. Where zoning district 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 determined 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 the zoning district of the
adjoining property on either side of the 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, based upon the
character of the particular feature used as a boundary.
5. Map Error. Where the Community Development Director determines
through review of the public record of a Council hearing and action on a
City of Dublin Zoning Ordinance
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DRAFT
TITLE, PURPOSE, AUTHORITY AND ADMINISTRATION
Chapter 8,04
rezoning that a zoning district boundary or other information on the official
zoning map has been drafted in error the Community Development
Director shall have the authority to correct 1:he error to make the official map
consistent with the action of the City Counc il.
C. Permitted Uses of Land. If a proposed Use 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, Chapter 8.28, Industrial Zoning Districts and within a
Planned Development the Use shall not be allowed, except as follows:
1. Permitted. The Community Development Director may determine that a
proposed Use not included in the Use Types permitted by the above
Chapters is permitted if the Director finds all of the following:
a. Characteristics and Activities. The characteristics of, and
activities associated with the proposed Use are in substantial
conformity with those of one or mon~ of the Uses included in the Use
Types permitted by the zoning distl"ict, and will not involve a higher
level of activity, intensity, or population density than the Uses
included in the Use Types permitted in the zoning district.
b. General Plan and Specific Plans. The proposed Use will be
consistent with the goals, objective::, and policies of the General Plan
and applicable Specific Plans.
c. Purpose of Zoning District. The proposed Use will meet the
purpose of the zoning district in which it is located.
3. Referral to Planning Commission. The Community Development
Director may refer questions about proposed Uses not included in this
Zoning Ordinance directly to the Planning Commission for a determination
at a public hearing.
4. Treated in Same Manner. When the Community Development Director or
the Planning Commission, as applicable, determines that a proposed, but
unincluded Use is in substantial conformi':y 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 ,:md requirements of this Zoning
Ordinance apply
E. Official Interpretations. Whenever the Director determines that the applicability
or meaning of any of the requirements of this Zoning Ordinance is unclear
generally or as applied to a specific case, the Director may issue an official
interpretation. Official interpretations shall be:
City of Dublin Zoning Ordinance
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DRAFT
TITLE, PURPOSE, AUTHORITY AND ADMINISTRATION
Chapter 8.04
8.04.110
A.
1.
In writing, and shall quote the provisions of this Zoning Ordinance being
interpreted, together with an explanation (If their meaning or applicability in
the particular or general circumstances that caused the need for
interpretation.
2.
Distributed to the Council, Planning Commission, City Attorney, City Clerk,
and Department staff.
Any Zoning Ordinance provisions that are determined by the Director to be unclear
(with the exception of text and map errors addressed above) will be corrected by
amending the Zoning Ordinance as soon as is practical. Until amendments can
occur, the Director 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 Zoning Ordinance by the Director
may be appealed as provided in Chapter 8.136, Appeals. The Director may refer
any interpretation of this Zoning Ordinance to the Planning Commission for a
decision at a public hearing.
Conflicting Requirements. The following I)rovisions apply to conflicting
requirements of the Zoning Ordinance.
Other Code Provisions. If conflicts occur between requirements of this Zoning
Ordinance, or between this Zoning Ordinance and other regulations of the City, the
most restrictive shall apply.
B.
General Plan, Specific Plans. Where conflicts occur between this Zoning
Ordinance and the General Plan or Specific Plans, the provisions of the General
Plan and the Specific Plan shall apply.
C.
Private Agreements. It is not intended that the requirements of this Zoning
Ordinance interfere with, repeal, abrogate or annul any easement, covenant, or
other agreement that existed when this Zoning Ordinance became effective.
Where this Zoning Ordinance imposes a greater restriction on the Development or
Use of Structures or land than a private requirement, the provisions of this Zoning
Ordinance shall apply. Where a covenant or pri\iate agreement imposes a greater
restriction than this Zoning Ordinance, the pro'Jisions of this Zoning 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
covenant or agreement.
8.04.120 Joint Reference. Wherever a regulation is cpplied herein to any "A" zoning
district, it shall be understood to apply to any zoning district or "zone" designated
in Chapter 8.16, Agricultural Zoning District by the primary symbol "A". Wherever
a regulation is applied herein to any "R" zonin~ district it shall be understood to
City of Dublin Zoning Ordinance 4-8 December, 2007
DRAFT
8.04.130
TITLE, PURPOSE, AUTHORITY AND ADMINISTRATION
Chapter 8.04
apply to any zoning district or "zone" designated 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 clpplied 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 is applied herein to any "PO" zoning district it shall be understood to
apply to any zoning district or "zone" designated in Chapter 8.32, Planned
Development Zoning Districts by the primary symbol "PO". The "A", "R", "C", and
"M" zoning districts shall be understood to apply to any "PO" or Planned
Development zoning district if the ordinance establishing the PO zoning district
references that zoning district or where that zoning district is the most comparable
zoning district as determined the Community Devl310pment Director.
Partial Invalidation of Zoning Ordinance. If any article, Chapter, Section,
subsection, paragraph, subparagraph, sentence, clause, phrase or portion of this
Zoning 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 Zoning Ordinance. The Dublin City Council hereby declares that
this Zoning Ordinance and each article, Chapter Section, subsection, paragraph,
subparagraph, sentence, clause, phrase and portion thereof would have been
adopted irrespective of the fact that one or more of the portions of the Zoning
Ordinance be declared invalid, unconstitutional or unenforceable.
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City of Dublin Zoning Ordinance
DRAFT
AGRICULTURAL ZONING DISTRICT
Chapter 8.16
CHAPTER 8.16
AGRICULTURAL ZONING DISTRICT
8.16. 010 Purpose. The purpose of this Chapter is to est,3blish regulations which achieve
the following:
A. Preserve and protect agricultural lands that are being used for the commercial
production of agricultural commodities consiste,nt with the General Plan and
applicable Specific Plans and appropriate standards of public health, safety,
welfare, and aesthetics.
B. Restrict the Use of the land in the Agricultural Zening District to Crop Production,
the raising of livestock, poultry and other animals and to similar and related Uses
compatible with agricultural operations.
C. Encourage agricultural Uses in places where mere intensive 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 surrounding neighborhood.
F. Prohibit land Uses that are not compatible with commercial agricultural operations.
G. Preserve open space values and lands reserved for open space purposes.
H. Ensure adequate light, air, privacy, and open space for each Dwelling.
I. Minimize traffic congestion and avoid the overloading of public services and
utilities.
8.16.020 Agricultural District General Development Standards. The following area, yard
and bulk requirements apply to A Zoning District:
a e - . gncu ura IS nc enera eve ODmen an ar s
Development Feature A
Minimum lot Size 100 Acres
Minimum lot Width and 300 Feet
Frontage
Minimum lot Depth N/A
T bl 16 1 A . It 10. t . t G
10
t St d d
City of Dublin Zoning Ordinance
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December, 2007
DRAFT AGRICULTURAL ZONING DISTRICT
Chapter 8.16
Development Feature A
Setbacks See Chapter 8.40, Development Regulations, for
allowed projections and .encroachments into setbacks
Front 5') Feet
Side 3') Feet
Street Side 5) Feet
Rear 5) Feet
Minimum Distance Between 100 Feet
Residences
Maximum Lot Coverage N/A
25 feet and 2 stories (mc:lY be increased to 35 feet and
2 stories pursuant to Site Development Review
Height Limits approval by the Plannin'~ Commission). See Chapter
8.44, Development RHgulations for exceptions to
hei~lht limits.
Residential Accessory See Chapter 8.46, Accessory Structures and Uses
Structures
Permitted and Conditionally Land uses for the A Zoni 19 District shall be as set forth
Permitted Land Uses in the Land Use Matrix in Section 8.12.050
Performance Standards See Chapter 8.44, Performance Standards
Parking See Section 8.76.080, Parking Requirements by Use
Type
8.16. 030 A (Agricultural) Zoning District General Requirements.
A. General Plan Consistency. The A Zoning District is consistent with the Rural
Residential/Agriculture and Open Space designation of the General Plan.
B. Regulations. All land Uses in the A Zoning District shall comply with all applicable
regulations set forth in this Zoning Ordinance and in the Code.
City of Dublin Zoning Ordinance
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December, 2007
DRAFT
RESIDENTIAL ZONING DISTRICTS
Chapter 8.20
CHAPTER 8.20
RESIDENTIAL ZONING DISTHICTS
8.20.010
Purpose. The purpose of this Chapter is to establish regulations which achieve
the following:
A.
Reserve neighborhood areas for residential Iivin~1 with a broad range of Dwelling
Unit densities consistent with the General Plan a ld 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 ovel"loading of public services and
utilities.
D. Protect residential neighborhoods from E!xcessive noise, illumination,
unsightliness, odor, smoke, and other objectionable influences.
E. Facilitate the provision of public improvements commensurate 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 Develcpments to achieve the following:
1. Retain the scale and character of existing residential neighborhoods.
2. Facilitate the upgrade of declining and mixed-density residential
neighborhoods.
3. Allow expansion into vacant and low-intensity Use lands within
infrastructure and environmental constraints.
8.20.020
Residential District General Development Standards. The following area, yard,
bulk and other requirements apply to R-1, R-2 and R-M Zoning Districts:
Development Feature R-1 I R-2 I RM
Minimum Lot Size Minimum Lot size is noted on the Zoning Map as a suffix to
the map symb:>1 (Le. R-1-5,000)
Minimum Lot Width and
Frontage (All Lots)
Interior Lot 50 Feet 80 Feet 50 Feet
Corner Lot 60 Feet 90 Feet 60 Feet
City of Dublin Zoning Ordinance
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December, 2007
DRAFT
RESIDENTIAL ZONING DISTRICTS
Chapter 8.20
Development Feature R-1 I R-2 RM
Cui de Sac Lots 30 Feet 80 Feet 50 Feet
Minimum Lot Depth 10') Feet
Setbacks See Chapter 8.44, Development Regulations, for allowed
projections and encroachments into setbacks
Front 20 Feet Average 20 Feet
18 Feet Minimurr
Minimum of 5 feet
plus one foot for
each full 10 feet by
which the lot width
Side exceeds the 1 0 Feet 10 Feet*
minimum lot width
! up to a maximum of
10 feet (Sliding
Scale Rule)
Street Side 10 Feet 10 Feet 10 Feet
,
Rear 20 Feet 20 Feet 30 Feet
Minimum Distance Between i
I 10 Feet 20 Feet 20 Feet
Residences i
1
Maximum Lot Coverage I 40% 1 story, 35% 2 stories
Height
See Chapter 8.40, Development Regulations, for exceptions
to heil~ht limits.
Height Limits
25 feet and 2 stories (may b3 increased
to 35 feet and 2 stories pursuant to Site
Development Review approval by the
Zoning Administrator)
4 or Fewer
DU=35 Feet
5 or More DU=45
Feet or up to 75
Feet if Lot
Coverage is less
than 35%
Common Usable Outdoor
Space
See Chapter 8.46, ACCElssory Structures and Uses
30% of Net Site
Area
N/A
Accessory Structures
City of Dublin Zoning Ordinance
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December, 2007
DRAFT
RESIDENTIAL ZONING DISTRICTS
Chapter 8.20
Development Feature
R-1
R-2
RM
Front Yard Paving
Front Yard Paving including the Driveway shall not exceed
more than 65% of the Front Yard
Parking
See Section 8.76.080, Parking Requirements by Use Type
Performance Standards
See Chapter 8.44, Performance Standards
Permitted and Conditionally
Permitted Land Uses
See Section 8.12.050, Land Use Matrix
Transitional Housing
See Chapter 8.50, Transitional Housing and Emergency
Shelters
* Buildings with four or more residences shall have a 15 Foot Side Yard on one side.
8.20.030
Residential Zoning Districts General Requirements.
A.
R-1 (Single Family Residential) Zoning District.
1. General Plan Consistency. The R-1 zoning district is consistent with the
Low-Density Single-Family Residential, Single-Family Residential, and
Medium Density Residential designations cf the General Plan.
2. Substandard Parcels. Dwelling Units which were legally constructed with
setbacks or on lot sizes which do not conform to this Zoning Ordinance are
allowed to remain on the site. Additions to the structure which conform to
the existing setbacks will also be permitted where allowed by Building
Code. Should the dwelling unit be damaged due to a fire or natural disaster,
the dwelling unit will be permitted to be reconstructed to the existing,
approved condition.
B. R-2 (Two-Family Residential) Zoning District.
1. 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.
C. R-M (Multi-Family Residential) Zoning District.
1. General Plan Consistency. The R-M zoning district is consistent with the
Medium Density Residential, Medium-High Density Residential, and High-
Density Residential designations of the Ge leral.
City of Dublin Zoning Ordinance
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COMMERCIAL ZONING DISTRICT
Chapter 8.24
COMMERCIAL ZONING DISTRICTS
CHAPTER 8.24
able - ommercla IstrlCt enera eve opment an ar s
Development Feature C-O I C-N C-1 C-2
Minimum Lot Size
Interior Lot 10,000 sq. ft. 5,000 sq. ft. 5,000 sq. ft. 6,000 sq. ft.
Corner Lot 11,000 sq. ft. 6,000 sq. ft. 6,000 sq. ft. 7,000 sq. ft.
8.24.010
8.24.20
Purpose. The purpose of this Chapter is to es':ablish 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 sevice establishments.
F.
Promote high standards of site planning and landscape design for commercial and
office Developments within the City.
G.
Provide employment opportunities for existing ard 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.
Commercial District General Development Sbmdards. The following area, yard
and bulk requirements apply to C-O, C-N, C-1 anj C-2 Zoning Districts:
T
241 C
. I D.
G
ID
St d d
24-1
December, 2007
City of Dublin Zoning Ordinance
DRAFT
COMMERCIAL ZONING DISTRICT
Chapter 8.24
Development Feature C-O C-N C-1 C-2
Minimum Lot Width and
Frontage
Interior Lo 70 Feet 50 Feet 50 Feet 50 Feet
Corner Lot 80 Feet 60 Feet 60 Feet 60 Feet
Minimum Lot Depth 100 Feet
Setbacks See Chapter 8.40, Development Regulations, for allowed
projections and encrcachments into setbacks
o Feet (except where abutting
a Residential, C-Q or C-N
Front 20 Feet 20 Feet Zoning District, the setback is
the same as the adjacent
District)
o Feet (exCE!pt where abutting a Residential
Side 10 Feet Zoning District, the setback is the same as the
Residential District)
o Feet (except where abutting
a Key Lot in any Residential,
Street Side 1 0 Feet 1 0 Feet C-Q or C-N Zoning District, the
setback shall be not less than
12 the require front yard
setback for the Key Lot)
o Feet (exCE!pt where abutting a Residential
Rear 10 Feet Zoning District, the setback is the same as the
Residential District)
Height See Chapter 8.40, Development Regulations, for height
excHptions
35 Feet when site is within 50
Maximum Height 35 Feet feet of a Residential Zoning
District
45 Feet for all others
Performance Standards See Chapter 8.44, Performance Standards
City of Dublin Zoning Ordinance
24-2
December, 2007
DRAFT
COMMERCIAL ZONING DISTRICT
Chapter 8.24
Development Feature C-O I C-N I C-1 I C-2
Permitted and
Conditionally Permitted See Section 8.12.050, Land Use Matrix
Land Uses
Accessory Structures and See Chapter 8.46, ACC8Hsory Structures and Uses
Uses
Parking See Section 8.76.080 Parking Requirements by Use Type
8.24.030
Commercial Zoning Districts General Regulations.
A. C-O (Commercial Office) Zoning District.
1. Use Types Conducted Entirely Within a Build ing. All Use Types permitted in
the C-O Zoning District shall be conducted entirely within a Building except where
allowed pursuant to a Conditional Use Permit.
2. General Plan Consistency. The C-O Zonin!J District is consistent with the
Retail/Office, Campus Office, and Business Pakllndustrial designations of the
General Plan.
B. C-N (Neighborhood Commercial) Zoning District.
1. Use Types Conducted Entirely Within a Builcling. All Use Types permitted in
the C-N Zoning District shall be conducted entirely within a Building except where
allowed pursuant to a Conditional Use Permit.
2. General Plan Consistency. The C-N Zoninq District is consistent with the
Retail/Office and NBighborhood Commercial desi;}nations of the General Plan.
C. C-1 (Retail Commercial) Zoning District.
1. Use Types Conducted Entirely Within a Buildiing. All permitted or conditionally
permitted Use Types in the C-1 Zoning District shall be conducted entirely within a
Building except whBre allowed pursuant to a Conditional Use Permit.
2. General Plan Consistency. The C-1 Zoninq District is consistent with the
Retail/Office and General Commercial designations of the General Plan
D. C-2 (General Commercial) Zoning District.
1. Use Types Conducted Entirely Within a Building. All permitted or conditionally
permitted Use Types in the C-2 Zoning District shall be conducted entirely within a
Building except where allowed pursuant to a Conditional Use Permit.
City of Dublin Zoning Ordinance
24-3
December, 2007
DRAFT
COMMERCIAL ZONING DISTRICT
Chapter 8.24
2.
General Plan Consistency. The C-2 Zoning District is consistent with the
Retail/Office, General Commercial, Retail/Office and Automotive, and General
Commercial/Campus Office designations of the General Plan.
City of Dublin Zoning Ordinance
24-4
December, 2007
DRAFT
INDUSTRIAL ZONING DISTRICT
Chapter 8.28
INDUSTRIAL ZONING DISTRICTS
CHAPTER 8.28
8.28.010
8.28.020
Purpose. The purpose 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, I'enovating, painting, cleaning, or
assembling of goods, merchandise, or equipment and office Uses, required by the
residents of the City, in a manner consistent wit~ the General 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, illumination, unsightliness, odor,
smoke, and other objectionable influences. This protection will be obtained by
requiring screening of unsightly and otherwise jisrupting Uses from public view
including storage, assembly and equipment.
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.
K.
The Industrial 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.
Industrial District General Development Stanclards. The following area, yard
and bulk requirements apply to the M-1 Zoning District:
28-1
December, 2007
City of Dublin Zoning Ordinance
DRAFT
INDUSTRIAL ZONING DISTRICT
Chapter 8.28
Ta e - : n ustna Istnct enera eve opment tan ar s
Development Feature M-1
Minimum Lot Area (All Lots) 20,000 sq. ft.
Minimum Lot Width and 100 Feet
Frontage (All Lots)
Minimum Lot Depth 100 Feet
Setbacks See Chapter 8.40 for allowed projections and
encroachments into setbacks
Front 100 Feet
Side 10 Feet
Street Side 10 Feet
Rear 20 Feet
A minimum 10 foot wide landscape buffer shall
be provided along all roadways (buffer shall
Landscape Buffer include landscaping elements such as trees,
shrubs and ground Gover and shall not include
sidewalks or other paving).
Height Limits See Chapter 8.44, Development Regulations,
for exceptions to height
Maximum Height 45 Feet
Parking See Section 8.76.080 Parking Requirements
by Use Type
Performance Standards See Chapter 8.44, Performance Standards
Permitted and Conditionally See Section 8.12.050, Land Use Matrix
Permitted Land Uses
bl 28 1 I d
. ID'
G
ID
S d d
8.28.030
M-1 (Light Industrial) Zoning District General Regulations.
A. Open Storage/Parking Regulations.
1. 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.
City of Dublin Zoning Ordinance
28-2
December, 2007
DRAFT
IN DUSTRIAL ZONING DISTRICT
Chapter 8.28
2.
Stacking. Material shall not be stacked so thclt it is over 6 feet height above
grade.
3.
Grading and Drainage. All open storage and p3rking areas shall be paved with
an all-weather paving and adequately graded and drained.
4.
General Plan Consistency. The M-1 Zonin~1 District is consistent with the
Business Park/Industrial, Business Park/Industrial and Outdoor Storage and
Retail/Office and Automotive designations of the General Plan.
City of Dublin Zoning Ordinance
28-3
December, 2007
DRAFT
SCARLETT COURT OVERLAY ZONING DISTRICT
Chapter 8.34
CHAPTER 8.34
SCARLETT COURT OVERLAY ZONING DISTRICT
8.34.010 Purpose. The purpose of this Chapter is to establish a procedure to ensure that
all development in the Scarlett Court Overlay Zoning District is reviewed for
substantial compliance with the Scarlett Court Design Guidelines and to:
A. Enhance the aesthetics the Scarlett Court Area;
B. Guide the design of future development and improvements to reinforce the
Scarlett Court Design Guidelines; and
C. Improve the public realm to create a positive pedestrian experience, enhance the
area's image, and create a unique sense of place.
8.34.020 Applicability. The Scarlett Court Overlay Zc ning District is a designation in
addition to the M-1 (Light Industrial) or C-2 (Geleral Commercial) Zoning District
that each property in the area retains. The standard Zoning District contains all
information regarding permitted and conditioncllly 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 compliance with the Scarlett Court Design Guidelines.
8.34.030 Projects subject to compliance with this Chapter:
A. New Construction. Any new construction or additions to an existing structure
within the Scarlett Court Overlay Zoning District that alters the exterior appearance
of the building. Internal tenant improvements are not subject to compliance with
this Chapter.
B. Exterior Modification of an Existing Structum. Any exterior modification of an
existing structure located within the Scarlett Court Overlay Zoning District,
including but not limited to, facade renovation, n'3W and/or additional windows and
doors, and roof or nround-mounted mechanical E!quipment.
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 fencin~l, circulation, landscaping, accessory structures, or trash
enclosures.
D. Signage. Installation of new signage or replacement of sign copy in the Scarlett
Court Overlay Zoning District.
8.34.040 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.
City of Dublin Zoning Ordinance
34-1
December 2007
DRAFT
SCARLETT COURT OVERLAY ZONING DISTRICT
Chapter 8.34
8.34.050
8.34.060
8.34.070
8.34.080
8.34.090
A.
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 ReviE!w unless the application being
considered is a permit which requires a public heel ring 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 apprcved, 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:
Approval of the application is consistent with the purpose and intent of this
Chapter.
Any approval complies with the policies of the Gieneral Plan, with any applicable
Specific Plans, with the development regulations or performance standards
established for the standard Zoning District in wh!ch 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.
B.
C.
D.
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
Scarlett Court Desinn Guidelines.
Action. The decision maker for Scarlett Court Overlay Zoning District Site
Development Review applications shall be the Community Development Director
(or his/her designee), except as provided in Section 8.34.070, Concurrent
Consideration, of this Chapter. The Commu lity Development Director may,
based on evidence in the public record, and on the findings above, make an
administrative decision to approve, conditionally approve, or deny a Scarlett Court
Overlay Zoning District Site Development Review application.
Amendment. The process for amending a Sca -Iett Court Overlay Zoning District
Site Development Review approval shall be the same as the process for
approving a Scarlett Court Overlay 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 his/her
designee may grant a Scarlett Court Overlay Zoning District Site Development
Review Waiver for applications approved by another decision-maker or body upon
E.
34-2
December 2007
City of Dublin Zoning Ordinance
DRAFT
SCARLETT COURT OVERLAY ZONING DISTRICT
Chapter 8.34
8.34.100
8.34.110
the determination that the modification is a minor project and in accordance with
Section 8.34.110, Waiver, to an approved Scarlett Overlay Zoning District Site
Development Review.
Waiver to an Approved Scarlett Court Overlay Zoning District Site
Development Review. The Community Development Director or his/her
designee may allow a minor change to an appro'led Scarlett Court Overlay Zoning
District Site Development Review as a Waiver u~'on determining the following:
A. The proposed change is in substantial conformance with
the approved Scarlett Court Overlay Zoning District Site
Development Review;
B. The proposed change i5 minor in scope;
C. The proposed change is exempt from or not otherwise
subject to the California Environmental Quality Act;
D. The proposed change is consistent with the conditions of
approval for the Scarl.3tt Court Overlay Zoning District
Site Development Review and is substantially consistent
with the Scarlett Court Design Guidelines; and
E. It is not the intent of thi s 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.
Waiver for a Project that Does not Have an Approved Scarlett Court 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 Scarlett Court Overlay Zoning District that does not have an
approved Scarlett Court Overlay Zoning District Site Development Review as a
Waiver upon determining the following:
A.
B.
The proposed change is minor in scope;
The proposed change is Categorically Exempt 1rom the California Environmental
Quality Act;
The proposed change is substantially consistent with the Scarlett Court Design
Guidelines. It is not the intent of this Chaptel" 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; and
C.
34-3
December 2007
City of Dublin Zoning Ordinance
DRAFT
SCARLETT COURT OVERLAY ZONING DISTRICT
Chapter 8.34
8.34.120
8.34.130
8.34.140
8.34.150
D.
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 De\ielopment Review.
Scarlett Court Design Guidelines. The Scarlett Court Design Guidelines
adopted by the City Council on May 1, 2007 by Hesolution 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.
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.
Ordinary Maintenance and Repair. Nothing in this section shall be construed to
prevent the ordinary maintenance or repair of a ny 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 accord 3nce with Chapter 8.140, Non-
conforming Structures and Uses.
Procedures. The procedures set forth in Chapt'3r 8.96, Permit Procedures, shall
apply except as otherwise provided in this ChaptE!r.
34-4
December 2007
City of Dublin Zoning Ordinance
DRAFT
HISTORIC OVERLAY ZONING DISTRICT
Chapter 8.36
CHAPTER 8.36
HISTORIC OVERLAY ZONING DISTRICT
8.36.010
8.36.020
8.36.030
A.
8.36.040
Purpose. The purpose of this Chapter is to establish a procedure to ensure that
all development in the Historic Overlay Zoning District is reviewed for substantial
compliance with the Dublin Village Historic Area Design Guidelines and to:
A.
Preserve and enhance the remaining historic rE!SOUrces 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.
B.
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 lIses, development standards, and
regulations, while the Historic Overlay pro'/ides a mechanism to review
development on any of the properties in the District for substantial compliance
with the Dublin Village Historic Area Design Guidelines.
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 tenant improvements are not subject to compliance with this
Chapter.
Exterior Modification of an Existing Structum. 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
frames), and roof or ground-mounted mechanical equipment. Re-roofing or
repainting an existing building that is not under~loing any other modifications with
like materials and/or colors is not subject to compliance with this Chapter.
Signage. Installation of new signage or replacnment of sign copy in the Historic
Overlay Zoning District.
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 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.
C.
D.
36-1
December 2007
City of Dublin Zoning Ordinance
DRAFT HISTORIG OVERLAY ZONING DISTRICT
Chapter 8.36
8.36.050 Notice Of Decision. A Notice of Decision shall )e 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.
8.36.060 Concurrent Consideration. When Historic Overlay Zoning District Site
Development Review is required for a project thclt 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.
8.36.070 Required Findings. The following findings shall all be made in order to approve
an application for Historic Overlay Zoning District Site Development Review:
A. Approval of the application is consistent with the purpose and intent of this
Chapter.
B. 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.
C. The approval will not adversely affect the healt~ or safety of persons residing or
working in the vicinity, or be detrimental to the )ublic health, safety and general
welfare.
D. The design of the project will provide a desirable environment for the development
and an attractive environment for the public.
E. The project is in substantial compliance with the applicable chapters of the Dublin
Village Historic Area Design Guidelines.
8.36.080 Action. The decision maker for Historic Overlay Zoning District Site Development
Review applications shall be the Community Development Director (or his/her
designee), except as provided in Section 8.6L:.070, Concurrent Consideration.
The Community Development Director may, based on evidence in the public
record, and on the findings above, make an aclministrative decision to approve,
conditionally approve, or deny a Historic Overlay Zoning District Site Development
Review application.
8.36.090 Amendment. The process for amending a Historic Overlay Zoning District Site
Development Review approval shall be the sall1e as the process for approving a
Historic Overlay Zoning District Site Development Review application. The
decision 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 DevelopmEmt 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
City of Dublin Zoning Ordinance
36-2
December 2007
DRAFT
HISTORIC OVERLAY ZONING DISTRICT
Chapter 8.36
8.36.100
A.
8.36.110
A.
B.
8.36.120
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.
B.
C.
Waiver to an Approved Historic Overlay ZOllling District Site Development
Review. The Community Development Director or his/her 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 change is Categorically Exempt from the California Environmental
Quality Act;
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 Village Historic Area Design Guidelines; and
D.
E.
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.
C.
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;
The proposed change is substantially consistent with the Dublin Village Historic
Area Design Guidelines; and
D.
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 Design Guidelines. The Dublin Village Historic
Area Design Guidelines 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 De'/elopment Review applications.
36-3
December 2007
City of Dublin Zoning Ordinance
DRAFT
HISTORIC OVERLAY ZONING DISTRICT
Chapter 8.36
8.36.130
8.36.140
8.36.150
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 Chaptm 8.96, Permit Procedures, shall
apply except as otherwise provided in this Chapter.
36-4
December 2007
City of Dublin Zoning Ordinance
DRAFT
DEVELOPMENT REGULATIONS
Chapter 8.40
Development Regulations
Chapter 8.40
8.40.010
8.40.020
8.40.030
Purpose. The purpose of this Chapter is to secure the necessary provisions for
light, air, privacy, safety from fire hazards, and to ensure that Development within
the City provides a high quality living and working environment consistent with the
policies of the GenBral Plan.
Setbacks. Required Setbacks describe areas on Lots where no Structures or
additions to them may be located, and which thereby become Yard areas.
Setbacks may be required between Structures and property lines; between
Structures and Road easements; between Structures and natural features such as
watercourses; or between other features of site development. These regulations
are not intended to allow the placement of any Structure within a Road or utility
easement without explicit permission from the easement holder.
A.
Setbacks established. Required Setbacks aloe established as follows and in
each Zoning District. Where there is a confl ct, 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 8.40, Development Regulations.
5. Other provisions of this Zoning Ordinance or provIsions of the
Planned Development in which the prol>erty is located.
B.
Location and Measurement of Setbacks. Required Setbacks shall be located in
accordance with the definitions for Front, Rear, Side and Street Side Setbacks
contained in Chapter 8.160, Definitions, of this Zoning Ordinance.
Exceptions to Setbacks. The following Setback exceptions shall apply instead of
those required for each Zoning District and any other Setback requirements of this
Zoning Ordinance.
A.
Front Setback Exceptions:
1. Future Right-Of-Way Lines. Future Ri~Jht-Of-Way Lines may hereby be
established by the City 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
4-1
December 2007
City of Dublin Zoning Ordinance
DRAFT
DEVELOPMENT REGULATIONS
Chapter 8.40
existing right-of-way line required by this Zoning Ordinance, provided that
the exceptions for sloping Lots in subsection A.2 below shall also apply.
2. Sloping Lots of 40,000 square feet or k~ss. . Where an existing sloping
Lot contains 40,000 square feet or IE!ss in net area and Setback
requirements are not specified on a record ed subdivision map, the required
Front Setback may be determined as set fJrth in this subsection instead of
as otherwise required by Chapter 8.40, 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 creatic n of new Lots that do not satisfy
all applicable standards of this Zoning Ordi'lance.
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 m3asured 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 of the
front 30 feet of the Lot is one vert cal foot for every five horizontal
feet (1 :5) or more as measured between the edge of pavement and
the proposed Building, a private garage, carport, uncovered paved
parking pad or Deck with at least ~~ 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 Red uced Setbacks. Any Building or
Structure approved for construction at the reduced Front Setbacks
provided by this Section shall satisfy the following:
i. Approved by Department of Public Works. Any proposed
construction requiring a Building Permit shall first have been
approved by the Department of Public Works.
ii. 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.
iii. Living Area. No living an~a shall be permitted above any
garage or other Structure ocated within the Front Setback
City of Dublin Zoning Ordinance
4-2
December 2007
DRAFT
DEVELOPMENT REGULATIONS
Chapter 8.40
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. Compensating Provision of Rear Yard. Notwithstanding the Yard
requirements of this Zoning Ordinance, a Rear Yard may have a depth of
no 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.
2. Compensating Provision of Side Yard. Notwithstanding the Yard
requirements of this Zoning Ordinance, a Side Yard may have a depth of no
less than 5 feet if that portion of the Side Yard that is covered by a Structure
is compensated for by open areas within tile 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 Side Yard. The
Compensating Provision of Side Yard exception is not applicable to a Street
Side Yard.
C. 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 40-1 provided that:
1. 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 appro'/al; and
2. Agreement/Deed Restriction. A common Wall or party Wall agreement,
deed restriction or other enforceable restridion has been recorded; and
3. 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
4. Common Wall Construction. Common Wall construction is in compliance
with the Uniform Building Code.
City of Dublin Zoning Ordinance
4-3
December 2007
DRAFT
DEVELOPMENT REGULATIONS
Chapter 8.40
~I. ~
r
"\
Figure 40-1
COMMON WALL DEVELOPMENT
D. 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:
8.40.040
A.
1. Side Setback Requirement Modified. The Side Setback requirement has
been modified for the entire Block th .ough planned Development or
Conditional Use Permit approval; and
2. Subdivision MaplDeed Restriction. The modified Setback requirements
for the Block are recorded as part of a subdivision map, deed restriction, or
other enforceable restriction; and
3. Corner Lot. The required Front Setback and Street Side Yard Setbacks
are not eliminated or reduced on a corner Lot; and
4. Side Setbacks. Side Setbacks opposite the zero Setback property line are
not less than twice the minimum otherwise- required by this Chapter.
Projections Into Required Setbacks - Structure Features And Architectural
Features. Three classes of projections into required Setback are permitted:
Landing, Uncovered Porch, Stairway. A landing place, 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 maximum of
three (3) feet.
B.
Structure Wall. The wall of a Structure which encroaches a maximum of two feet
into a required Yard may be extended so as to continue the same wall line;
however, the existing dimension from the wall to the property !!ne shall be
maintained and shall not decrease.
C.
Architectural Features. Certain Structure roof and wall features including, but
not limited to, chimneys, bow windows (which do not increase the floor area of the
structure) bay windows with a maximum width of 8 feet, cornices, eaves, canopies,
and similar architectural features (not including Decks more than 30 inches above
Natural Grade, porches, or other indoor or outdoor living areas). These features
4-4
December 2007
City of Dub/in Zoning Ordinance
DRAFT
8.40.050
A.
B.
8.40.060
8.40.070
8.40.080
DEVELOPMENT REGULATIONS
Chapter 8.40
may not extend closer than 3 feet to a Side Lo": Line and may extend into any
required Front or Rear Setback a maximum of 5 fE!et.
Mechanical Equipment.
Setbacks Required. No mechanical equipment (~;uch as Swimming Pool, spa and
air conditioning equipment) shall be located in a Front Yard. All mechanical
equipment shall be located in the Side or Rear yard, behind a solid fence.
Mechanical equipment shall not be located within 3 feet of a side or rear property
line.
Lots Area Less than 5,000 Square Feet. For lots which are less than 5,000
square feet in size, mechanical equipment that generates noise shall be enclosed
as necessary to reduce noise at the property line to a maximum of 50 dBA at any
time.
C.
Lot Area Greater Than 5,000 Square Feet. For Lots 5,000 square feet in size or
larger, mechanical equipment that generates noise located within 10 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
maximum of 50 dBA at any time.
Interior Setbacks. Setbacks between Structums on the same site shall be as
provided by this Section.
A.
Residential Uses:
1. Interior Courtyard. Two rows or groups of Dwellings on the same site that
are separated by an inner court that provides access to the Dwellings shall
be separated by a minimum of 20 feet.
2. 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 of 20 feet. Any parking within the Setback between
multi-Family Buildings shall be in addition to the 20 foot Setback. The 20
foot Setback shall increase by 3 feet for e'/ery 10 feet that the Height of the
Building excBeds 35 feet
Yards. Front Yard, Side Yard, Rear Yard, and Street Side Yard are defined in
Chapter 8.160, Definitions, of this Zoning Ordinance.
Maximum Lot Coverage.
A.
Applicability of Coverage Regulations. Maximum Lot Coverage regulations are
intended to establish the maximum Lot area thaI may be covered with Structures,
Accessory Structures, covered Decks and other enclosed and covered areas; but
not standard roof overhangs, cornices, eaves, uncovered Decks, Swimming Pools,
4-5
December 2007
City of Dublin Zoning Ordinance
DRAFT
B.
8.40.090
A.
DEVELOPMENT REGULATIONS
Chapter 8.40
paved areas such as walkways, Driveways, patios, uncovered parking areas or
Roads.
Exception to Lot Coverage. A total of 120 square feet, for attached or detached
Accessory Structures, is exempt from lot coverage requirements.
Height Limits and Exceptions.
Applicability of Height Limits. Height limits for Buildings and Structures are
established by each Zoning District and other pr::>visions of this Zoning Ordinance
Chapter 8.40, Development Regulations; ChaptE!r 8.72, Landscaping and Fencing
Regulations for Fence Height limits; and Chapter 8.84, Sign Regulations, for Sign
Height limits. No Building or Structure shall be constructed or altered to exceed
the Height limits established by this Zoning Ordinance, except as otherwise
provided by this Chapter.
B.
Measurement of Height. The Height limits for Structures established by this
Chapter or other provisions of this Zoning Ordinance 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 40-2.
Highest point where
exterior Walls touch
the Natural Grade
Lowest point where
exterior Walls touch
the Natural Grade
100"
Natural
Grade
I
Height
Limit
AVERAGE 85"
70"
Figure 40-2
MEASUREMENT OF HEIGHT
C. Exceptions to Height Limits. The Height limits for Structures established by this
Chapter are subject to the following exceptions:
4-6
December 2007
City of Dub/in Zoning Ordinance
1.
DEVELOPMENT REGULATIONS
Chapter 8.40
Public and Quasi-Public 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 of 75
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.
DRAFT
2.
Residential Exception - Sloping Lots. The maximum Height allowed for
a single family Dwelling may be increased when the average natural slope
of a proposed Building envelope is 15 percent or more, as follows:
Building Site Max. Allowed I-Ieight
Slope IncreaSE'
15 percent 5 feet
22.5 percent 1 0 feet
30 percemt or more 15 feet
The maximum allowed Height for a Dwelling on a site with slope between
15 and 22.5 percent may be increased ovm 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 tt" e 10 feet specified above by the
same proportion that the actual site slope (;}xceeds 22.5 percent.
3. Exceptions for Specific Types of Structures:
a. Architectural Features, Mechanical Equipment. Chimneys, vents,
and other architectural or mechanical appurtenances on Structures
may be a maximum of 15 percent I,igher than the Height limit of the
applicable zone.
b. Freestanding Structures. Tower:;, poles, water tanks, and similar
Structures may be constructed hi!lher than the Height limit 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
City of Dublin Zoning Ordinance
4-7
December 2007
DRAFT
8.40.100
A.
8.40.110
A.
DEVELOPMENT REGULATIONS
Chapter 8.40
Communication Facilities Regulations, regarding land Use approvals
for those facilities.
Lot Widths/Frontages and Exceptions.
Applicability of Lot Widths and Frontages. L.ot Widths and Lot Frontages are
established by each Zoning District. No Lot shall have a width less than that
established by this Zoning Ordinance, except as otherwise provided by this
Section.
B.
Irregular, Cul-de-sac, and Flag Lot Widths.
1. Irregular Lots. The Community Development Director shall determine the
width of irregular Lots.
2. Flag Lots. Flag Lots are discouraged except under unusual design
constraints. The Driveway portion and Lot Frontage of an individual Flag
Lot shall be as defined in Chapter 8.160, Definitions, of this Zoning
Ordinance, unless determined otherwise by a Site Development Review,
Tentative Map, Planned Development, or variance.
Lot Depth.
Applicability of Lot Depth. Lot Depth is established by each Zoning District. No
Lot shall have a depth less than that established by this Chapter, except as
otherwise provided by this Section.
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December 2007
City of Dublin Zoning Ordinance
DRAFT
ACCESSORY STRUCTURES AND USES
Chapter 8.46
ACCESSORY STRUCTURES AND USES
CHAPTER 8.46
8.46.010
8.46.020
A.
8.46.030
Purpose. The purpose of these provisions is to establish the regulations that
apply to Accessory Structures, to specify the uses that are permitted as accessory
to the principal uses in the zoning districts, and to ensure the compatibility of
Accessory Structures and uses with permitted Structures and Uses.
Accessory Structures.
Accessory Structures Included With Permitted Uses. In addition to the
Principal Structures associated with permitted Uses, each Use type shall be
deemed to include the Accessory Structures which are specifically identified by
this Chapter which are necessarily and customarily associated with, and are
appropriate, incidental, and subordinate to, such principal structures.
It shall be the responsibility of the Community Development Director to determine
if a proposed Accessory Structure is necessarily and customarily associated with,
and is appropriate, incidental, and subordinate to the principal structure or use.
Determinations by the Community Development Director shall be subject to
appeal pursuant to Chapter 8.136, Appeal~;, and a record of all such
determinations shall be maintained by the Community Development Director.
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.
General Requirements. The following requirements apply to both attached and
detached Accessory Structures.
A. Habitable Space. Accessory Struc.:ures, with the exception of
Guesthouses and Second Units, shall n01 be constructed so as to provide
year-round habitable space.
B. Location of Accessory Structures. AccE'ssory Structures shall be located
on the same lot as the Principal Structure.
C. Right-of-Way Setbacks. No Accessory Structure shall be located between
a Street right-of-way line and a Future Right-of-Way Line.
D. Side Yard Obstruction. Where permitted by this Chapter, certain
Accessory Structures may be located wi1hin in a Side Yard. In the event
that Accessory Structure(s) are located within a Side Yard, a minimum of
36 inches of unobstructed area shall be provided in one Side Yard which
will provide access from the Front Yard to the Rear Yard. The area shall be
accessible via a gate from the Front Yard.
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December, 2007
City of Dublin Zoning Ordinance
DRAFT
ACCESSORY STRUCTURES AND USES
Chapter 8.46
E.
8.46.040
Timing of Construction. Accessory Structures and swimming pools shall
be constructed or otherwise established i:it the same time as, or after, the
Principal Structure or Use.
F.
In Front of a Residence. No Accessory Structure, with the exception of an
entry featum, shall be located in the Front Yard or shall project from the
Side Yard or Street Side Yard into the Front Yard.
G.
Rear Yard Lot Coverage. The maximum coverage of the required Rear
Yard by all Accessory Structures, excluding swimming pools and hot tubs,
is 30%.
H.
Lot Coverage Exemption. A maximum of 120 square feet shall be exempt
from lot coverage requirements for an 3ttached or detached Accessory
Structure.
I.
Height. Except where specifically stated in this Chapter, Accessory
Structures shall have a maximum height cf 15 feet.
J.
Street Side. All Accessory Structures permitted in the Rear Yard shall be
located behind a fence. All Front Yard Accessory Structures shall be
located in the Front Yard and shall not Je located within the Street Side
Yard.
K.
Wildfire Management Plan. In addition to the requirements of this
Chapter, Accessory Structures located within the Wildfire Management
Area shall conform to the provisions of the City's Wildfire Management
Plan. Where conflicts arise between the Wildfire Management Plan and this
Chapter, the most restrictive regulation shall apply.
L.
Exceptions. An exception to the requirements of this Chapter related to
Accessory Structures may be approved by the Zoning Administrator by
means of a Site Development Review.
Prohibited Accessory Structures. The following Accessory Structures are
prohibited in all Zoning Districts.
A. Bathing Facilities. Restrooms with bathing facilities are prohibited in all
Accessory Structures, excluding Second Units and Guesthouses.
B. Habitable Structures. Accessory Structures, excluding Guesthouses and
Second Units, shall not be constructed to provide habitable space.
C. Trailers. Temporary buildings including trailers and modular facilities are
prohibited except where permitted by mec:ms of a Temporary Use Permit.
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December, 2007
City of Dublin Zoning Ordinance
DRAFT
ACCESSORY STRUCTURES AND USES
Chapter 8.46
8.46.050
Requirements for Specific Accessory Structures. The following requirements
apply to the specified Accessory Structure in addition to the general requirements
for detached and attached Accessory Structures.
A. Decks and Balconies. Uncovered decks are permitted anywhere on a
parcel, without respect to otherwise required setbacks. Balconies are
considered an attached Accessory Structure and shall maintain the
required setbacks of the Principal StructurE'.
B. Entry Features. Entry features (such a~; arbors, arches, porticoes and
trellises) with a maximum depth of 15 feet and a maximum height of 10 feet
may be located within the required Front Yard Setback area.
C. Breezeways. A breezeway or other extension of the Principal Structure or
Accessory Structure roof may connect -:he Accessory Structure to the
Principal Structure. The breezeway and Accessory Structure shall meet the
required setbacks for the Principal Struc1:ure. Structures connected by a
breezeway to the Principal Structure are considered to be and attached
Accessory Structure.
D. Gazebo or Patio Covers. A minimum of 50 percent of each wall of a
gazebo, patio cover or similar enclosure ::;hall be constructed of lattice or
equivalent material through which air and light can pass, except where the
wall is formed by the Principal Structure.
E. Residential Greenhouse. A greenhouse Accessory Structure in the R-1,
R-2 or similar Planned Development zoning districts shall be a maximum of
500 square feet in size, shall have a transparent or translucent roof and
wall structures, and shall be used for the non-commercial raising of plants.
The Greenhouse shall comply with the required setbacks of the Principal
Structure.
F. Residential Guesthouse. A guesthouse llay be established on the same
lot as a single family residence, as provided below:
1. Kitchen Facilities. Kitchen Facilities as defined by Chapter 8.166
are prohibited.
2. Height. Guesthouses shall have a maximum height of 15 feet.
3. Permitted Spaces. A guesthouse may contain a sleeping space,
bathroom and other living space.
4. Setbacks. The guesthouse shall conform to the required setbacks
for the Principal Structure.
City of Dublin Zoning Ordinance
46-3
December, 2007
DRAFT
ACCESSORY STRUCTURES AND USES
Chapter 8.46
5.
Maximum Floor Area. The maximum floor area allowed for a
guesthouse is 50% of the habitable floor area of the Principal
Structure, up to a maximum of 840 square feet.
6.
Detached Structure. A guesthouse shall be detached from the
Principal Structure and shall comply with the required distance
between structures for Detached Accessory Structures.
7.
Limitation. Only one guesthouse or Second Unit shall be permitted
per Lot.
G. Security Gates. Security gates and gate houses at the entrance(s) to a
development are permitted through Site Development Review.
H. Swimming Pools/Spas/Hot Tubs. Private swimming pools, spas and hot
tubs are permitted as Accessory Structures to the Principal Structure in
residential zoning districts, subject to the fJllowing provisions:
1. Gates. Each gate providing access through a fence to the
swimming pool, spa, hot tub, or the entire site shall be equipped with
a self-closing, self-latching device designed to keep the gate
securely closed when not in actua use. The latching device of the
gate shall be at least 54 inches above finish grade when the latch is
not on the pool side of the gate. When the latching device is located
on the pool side of the gate, the latching device shall be located
between 0 to 3 inches from the top of the gate.
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 desi~lned to keep the door securely
closed when not in actual use. Thl~ latching device of the door shall
be at least 54 inches above the floor.
3. Enclosure Fencing. The swimming pool, spa, hot tub, or the entire
site shall be enclosed by a fence at least 60 inches high.
4. Listed Locking Lid. A listed lockilg lid, as defined by the Building
Code may be provided for spas clnd hot tubs in lieu of the above
gates, doors and enclosure fencing requirements.
5. Maintenance required. The ownl~r or the person in possession of
the premises shall maintain the gates, doors, and enclosure fencing
in good condition at all times.
6. Lot Coverage. Swimming pools, hot tubs and spas are excluded
from the otherwise applicable Lot Coverage requirements. Where
City of Dublin Zoning Ordinance
46-4
December, 2007
DRAFT
ACCESSORY STRUCTURES AND USES
Chapter 8.46
the swimming pool, hot tub or spa includes a trellis, gazebo or patio
cover, those Accessory Structures shall conform to the Lot Coverage
requirements.
I. Tennis and Sport Courts. Non-commHcial outdoor tennis courts and
courts for other sports (e.g., racquetball, basketball, etc.) accessory to a
residence are Accessory Structures subject to the following requirements:
1. Fencing. Fencing shall be subject to the height limits of Chapter
8.72, l.andscaping and Fencing Regulations.
2. Lighting. Court lighting shall not Bxceed a maximum height of 20
feet. Such lighting shall be directed downward, shall only illuminate
the court, and shall not illuminate adjacent property.
J. Detached Garages. A detached Garage used for the storage of vehicles,
for a workshop, or for storage space c.ccessory to a residence is an
Accessory Structure and is subject to the following regulations:
1. Size. The detached garage, inclLding any workshop or storage
space within the garage, shall not occupy more than 1,000 square
feet pm residence
2. Height and Setbacks. The detached garage shall have a maximum
height of 15 feet. The detached !Jarage shall maintain the same
setbacks as the principal structure.
K. Flag Poles. Flag poles are permitted in all zoning districts as an Accessory
Structure. The flag pole shall have a maximum height of 35 feet and shall
be set back a minimum 5 feet from any property line.
L. Agricultural Accessory Structures. Aqricultural Accessory Structures,
including, but not limited to, stables, barnB, pens, corrals, greenhouses, or
coops, are permitted in the Agricultural Zoning District.
M. Commercial and Industrial Accessory Structures. The following
regulations apply to Accessory Structures in the Commercial and Industrial
zoning districts.
1. Accessory Structures. Carports, garages, shade structures,
storage buildings, recreational facilities (which serve employees),
transit facilities, trash enclosures ald all other Structures which are
determined to be similar in nature by the Community Development
Director are considered to be Accessory Structures in the
Commercial and Industrial zoning districts.
City of Dublin Zoning Ordinance
46-5
December, 2007
DRAFT
ACCESSORY STRUCTURES AND USES
Chapter 8.46
2.
Setbacks. Setbacks for Accessory Structures related to commercial
and industrial uses shall be determined per Site Development
Review. In no case shall Accessory Structures be located within 5
feet of a property line when abuttin~1 a Residential use.
8.46.060
Detached Accessory Structures. Detached Ac:essory Structures are subject to
the following regulations in addition to the applicable regulations in this Chapter.
A. Distance Between Structures. Detach'3d Accessory Structures over 8
feet in height shall be set back a minimum of five feet from the Principal
Structure and all other Accessory Structures on the Lot (excluding
swimming pools, hot tubs and spas).
B. Agricultural Accessory Structure Maximum Height. Detached
Accessory Structures in the Agriculture Zoning District shall have a
maximum height of 15 feet except for ba "ns which may be 2 stories if the
upper story is designated for the storage of hay and/or agricultural supplies
only.
C. Heights and Setbacks. Heights and setbacks for detached Accessory
Structures (excluding Second Units, GUl~sthouses and Garages) are as
follows:
1. Lots Less Than 5,000 Square Feet. The following requirements for
Accessory Structures apply to Lots which are less than 5,000 square
feet in size.
Shade Structures, Enclosed Enclosed
Gazebos, Covered Structure Strw::ture Less Swimming Pools,
Patios and Greater than 8 than or equal Spas and Hot
Unenclosed Feet in Height to 8 Feet in Tubs
Structures Height
Maximum 10 feet 1 0 feet 8 feet 8 feet
HeiQht .
Not allowed except
Front Yard for Entry features Not allowed Net allowed Not allowed
Setback permitted by
Section 8.46.030.F
Side Yard 3 feet 3 feet o feet o feet
Setback
Street Side 3 feet 3 feet 3 feet o feet
Yard Setback
Rear Yard 3 feet 3 feet o feet o feet
Setback
City of Dublin Zoning Ordinance
46-6
December, 2007
DRAFT
ACCESSORY STRUCTURES AND USES
Chapter 8.46
2. Lots Greater Than 5,000 Square Feet The following requirements for
Accessory Structures apply to Lots which are greater than 5,000 square
feet in size.
Shade Enclosed Enclosed
Structures, Structure StrLlcture Swimming Pools,
Gazebos, Greater than Less than or Spas, Hot Tubs
Covered Patios 8 Feet in equ.al to 8 and Associated
and Unenclosed Height Feet in Equipment
Structures HE!iaht
Maximum 15 feet 18 feet 8 feet 8 feet
Height
Not allowed
Front Yard except for Entry
Setback features permitted Not allowed Not allowed Not allowed
by Section
8.46.030.F
Side Yard 5 feet 5 feet o feet 3 feet*
Setback
Street Side 5 feet 5 feet 5 feet 3 feet*
Yard Setback
Rear Yard 5 feet 5 feet o feet 3 feet*
Setback
* Measured at waterline
8.46.070
Attached Accessory Structures. Attached Accessory Structures are subject to
the following regulations in addition to the applicable regulations in this Chapter.
A. Attached Structures. Accessory Structums shall be structurally part of the
Principal Structure.
B. Setbacks. Attached Accessory StructurE!S shall conform to the setback
requirements of the Principal Structure on the Lot.
8.46.080
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 the accessory uses which are specifically
identified by these Accessory Structure:, and Uses regulations; and to
include other accessory uses which ere necessarily and customarily
associated with, and are appropriate, incidental, and subordinate to, such
principal uses.
City of Dublin Zoning Ordinance
46-7
December, 2007
DRAFT
ACCESSORY STRUCTURES AND USES
Chapter 8.46
It shall be the responsibility of the Community Development Director 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 resemblance of the proposed accessory
use to those uses specifically identified as accessory to the principal Use
Types and the relationship between the proposed accessory use and the
principal Use Type. Determinations b'{ the Community Development
Director shall be subject to appeal pursuant to Chapter 8.136, Appeals, and
a record of all such determinations shall be maintained by the Community
Development Director.
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. Limitation of Accessory Uses Area. Except where specifically permitted
by this Chapter or another Chapter of the Zoning Ordinance, Accessory
Uses shall be limited to no more than 30 percent of the total floor area
dedicated to the Principal Use (Le. one hOIJse or a tenant space).
D. Storage of Building MateriCllls and Equipment During
Construction. Building materials and equipment being used for
construction may be stored on th'3 construction site as long as a
valid building permit is in effect for the construction. Building
materials and equipment include stockpiles of construction materials,
tools, equipment, and building component assembly operations.
E. Permitted Agricultural Accessory Uses.
1. Office. Office for the administration of an Agriculture Use Type is an
Accessory Use in the Agricultural zoning district.
F. Permitted Residential Accessory Uses.
1. GaragelYard 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 ca endar year.
2. Home Occupations. Home Occupations are subject to the
provisions of Chapter 8.64, Home Occupation Regulations.
City of Dublin Zoning Ordinance
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December, 2007
DRAFT
ACCESSORY STRUCTURES AND USES
Chapter 8.46
3.
Rental and Sales Office. A rental and sales office for the leasing
and sales of units located in the same apartment or condominium
complex.
Repair and Maintenance of Automobiles or Recreational
Vehicles. The repair and maintenance of automobiles or other
recreational vehicles is permitted if work is being done on a vehicle
registered to the occupant of the premises. Notwithstanding the
above, painting of automobiles or recreational 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 audible at the property line.
4.
5.
Rooming and Boarding. The rental of bedrooms within a single-
family dwelling to no more than four boarders is a permitted
accessory use. Rental of rooms to more than four boarders
constitutes a Boarding House, whicn is included within the definition
of Multi-Family Dwelling and is allowed in the R-1, R-2, and R-M
zoning districts by the Zoning Admir istrator pursuant to a Conditional
Use Permit.
G. Accessory Uses Prohibited in Residel1ltial and Agricultural Districts.
No accessory use involving any of the following shall be conducted within a
Front Yard, the area between the Front YClrd and the residence, or a Street
Side Yard on a corner lot (outside a fen:;e or wall) in any agricultural or
residential district:
1. Storage, Repair or Dismantling. The storage, repair or dismantling
of motorized vehicles, electrical refrigerators, washers, dryers or
other household appliances, or other items determined to be
substantially similar to the above by the Community Development
Director.
2. Storage or Display. The storage or display of equipment,
appliances, tools, materials or supplies unless as part of a
GaragelYard Sale.
H. Permitted Commercial and Industrial A(:cessory Uses.
1. Automatic Teller Machine.
2. Cafeteria, Delicatessen and Foocl Vending. Permitted if less than
1,000 square feet in area.
3. Plazas for Public Assembly.
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December, 2007
City of Dublin Zoning Ordinance
DRAFT
ACCESSORY STRUCTURES AND USES
Chapter 8.46
5.
Retail Sales. Retail sales incidental to wholesale sales in the
Industrial zoning district where the retail sales space is 10% or less
of the entire sales space, except for the sale of wholesale goods or
where otherwise permitted by Chapter 8.12.
Industrial Retail Sales. Retail sale of products produced by a
permitted Industrial Use Type on thE! premises.
4.
6.
All Other Accessory Uses. All other uses may be considered an
Accessory Use, as determined b'{ the Community Development
Director, if the use does not occupy more than 15 percent of the total
floor area of the space.
7.
Office in Industrial Districts. Office space shall be limited to a
maximum of 30 percent of the Gros::; Floor Area of the tenant space.
City of Dublin Zoning Ordinance
46-10
December, 2007