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HomeMy WebLinkAboutAttachmt 5 Chapters w/ Strikethrough & Bold Font Modifications TITLE, PURPOSE, AUTHORITY AND ADMINISTRATION Chapter 8.04 TITLE, PURPOSE, AUTHORITY AND ADMINISTRATION CHAPTER 8.04 8.04.010 8.04.020 I. 8.04.030 A. Title. This Title shall be known as the Zoning Ordinance of the City of Dublin, Title 8 of the Dublin Municipal Code, hereafter referrecl to as the "Zoning Ordinance." Purpose. The purpose of this Zoning OrdinanGe is to promote and protect the public health, safety, peace, comfort, convenience and general welfare; to preserve and enhance the aesthetic quality of the City by providing regulations to ensure an appropriate mix of laRG uses, and that each laRG use relates properly to adjacent laRG 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: A. Implement the General Plan and Specific Plans, and to guide and manage the future growth of the City in accordance with those plans. B. Protect, retain, and enhance the character and stability of existing development, and to encourage orderly and beneficial new devE!lopment. C. 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 accordance 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 of Dublin. G. Regulate the location, use, and design of buildings structures and taRa uses so as to reduce hazards to the public resulting from the inappropriate location, use, or design of buildings structures and laRG uses in relation to natural and built hazards and resources, existing buildings structures and laRG 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 laRG use and resource planning. Safeguard and enhance the appearance of the City. Authority and General Plan Consistency. 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 Government Code, the Fair Housing Act, and the Health and Safety Code. City of Dublin Zoning Ordinance 4-1 Month 2008 Attachment 5 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 Dublin City Council intends that this Zoning Ordinance be consistent with the Dublin General Plan and Specific Plans, and that any taRa use or development approved in compliance with this Zoning Ordinance also be consistent with the Dublin General Plan and applicable Specific Plans. 8.04.040 Applicability of the Zoning Ordinance. This Zoning Ordinance applies to all taRa uses and development within the City of Dublin as follows: A. New haRd Uses, Building Permits, Structures, and Changes to Them. Compliance with all of the following requirements, to the satisfaction of the Director of Community Development Director, is necessary for any person or public agency to lawfully establish a new taRa 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 of land or, structure, development, or related division of land must be legal or non conformin~, 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, maximum residential use per-tet, setbacks, distance between residences, maximum lot coveraqe, common useable outdoor space, height limits, sign regulations, and all other requirements of this title Zoning Ordinance. 3. Any Permit or other approval required by the applicable zoning district or other provision of this title 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 of Community Development Director. B. Continuation of an Existing haRd Use or StructurE!. It is unlawful and a violation of the Dublin Municipal Code for anyone a person to maintain the use of a parcel that violates any provision of Title 8 this Zoningl Ordinance; provided, however, a taRa use 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 Non-Conforming Use or Structure 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 of Dublin occurring after the effective date of this Zoning Ordinance shall be consistent with the minimum lot size requirements, lot square footago per dwelling unit requirements, City of Dublin Zoning Ordinance 4-2 Month 2008 TITLE, PURPOSE, AUnlORITY AND ADMINISTRATION Chapter 8.04 all other applicable requirements of this Zoning Ordinance, and with Chapter Title 9, of the Dublin Municipal Code relating to Subdivisions, of the Municipal Code. D. Effect of Zoning Ordinance changos on projects in progross. Tho onactment of this Ordinanco or amondments to its requiremont!) may have tho offect of imposing difforent standards on no'l.' land uses, dovoloprront and/Dr structures than thoso that applied to existing bnd uses, dovolopmont and/or structures. Following the eff.ectivo dato of this Ordinanco, or any amendmonts to this Ordinanco, tho following previsions shall apply: 1. Ponding applications. All land use permit applications that have boon dotorminod by the Departmont to bo complete before tho offoctivo date of this Ordinance or any amondmont, will be procossod according to tho regulations in effect whon tho application ':.'as accoptod as complete. 2. Approved projects not yet under oonstruction. Any structure authorizod by an Conditional Use Pormit, Sito Development Reviow, Tomporary Uso Permit, or Varianco, for which construction has not bogun as of tho offectivo dato of this Ordinanco or any amend mont, may still bo constructed in complianco v:ith the approvod pormit, as long as construction is oompleted and tho approvod bnd use is establishod bofore the expiration of tho pormit or, where applicablo, bofore the expiration Jf any approved time extension. 3. Projects undor construction. /\ structure that is undor construction pursuant to a valid Building Permit on tho effoctive) dato of this Ordinance or any amondment, may bo complotod and need not bo changod to satisfy any new or different requirements of this Ordinanco as long as oonstruction is boyond tho approval of tho first inspoction on the effective dato of this Ordinance or any amondment, and providod that construotion is diligontly prosecutod to completion. Such a structuro shall bo deemed to bo a lawfully existing building. -1. Other roquiromonts may still apply. Nothing in this Ordinanco shall oliminato the need for obtaining any othor permits required by tho City, or any pormit, approval or ontitlomont required by other chapters of tho City Municipal Code or by tho regulations of ::my City Department or by any County, regional, Stato, or Foderal agency. 5. Pormits, approvals, and licenses issued in complianco with Ordinance. All pormits and Iiconsos shall be issued by tho City in complianoe with tho provisions of this Ordinance, after the effoctivo dato of this Ordinance or any amendmont. Any permit, approval, or liconso issuod in conflict with this Ordinanco shall be void. 8.04.050 Rosponsibility for Administration Administrative I~esponsibility. This Ordinanco Title 8, Zoning, shall be administered by the Dublin City Council, Planning City of Dub/in Zoning Ordinance 4-3 Month 2008 TITLE, PURPOSE, AUTHORITY AND ADMINISTRATION Chapter 8.04 Commission, Director of Community DeveloprneAt, Zoning Administrator, and Department of Community Development Community Development Director, as prescribed in this Chapter. As prescribed in Chapter 8.128, Authority to Administer Title 8. 8.04.060 Community Development Director and Community Development Department. A. 8.04.070 A. Authority. The Community Development Dimctor 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 the 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 Community Development Director may designate members of the Department staff to carry out his/her responsibilities under this Title. D. Powers. The Community Development Dimctor shall have the approval authority over those matters as specifically pr'ovided by Title 8. E. Referral to Zoning Administrator and Planninu Commission. At any point in the project review process the Community Development Director may transfer original hearing jurisdiction to the Zoning Administrator 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 Duvelopment Director may be appealed as provided in Chapter 8.136, Appeals. Zoning Administrator. Authority. The Community Development Dire.ctor shall serve as the Zoning Administrator pursuant to the authority established by California Government Code Section 65900 et. seq., and as established by this section. 4-4 Month 2008 City of Dublin Zoning Ordinance 8.04.080 8.04.090 A. TITLE, PURPOSE, AUTHORITY AND ADMINISTRATION Chapter 8.04 B. Appointment. The Community Development Director, at his/her discretion, may designate a member of the Community Development Department staff to serve as the Zoning Administrator. C. Duties and Supervision of the Zoning Administrator 1. Duties and Functions. The Zoning Administrator shall perform the duties and functions prescribed in the Municipal Code in addition to those assigned by the Community Development Director. 2. Designee. When the Community Devolopment Director assigns the duties of the Zoning Administrator to a staff person, that designee shall also perform any additional duties in the Community Development Department assigned by the Director as appropriate to the personnel title of the designee. The designee shall be subordinate and directly responsible to the Dire,c:tor 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 point 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 Planning Commission are described in Chapter 2.12 ofthe Municipal Code. Project Review Committee. 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 development standards. B. Authority/land Use Permits. The Project Roview Committee shall review Conditional Use Permits, Site Development Re,views, Variances, Parcel Maps 4-5 Month 2008 City of Dub/in Zoning Ordinance 8.04.100 TITLE, PURPOSE, AUTHORITY AND ADMINISTRATION Chapter 8.04 and Tentative Maps being processed pursuant to Title 9, Subdivisions, and other land use permits; advise the Community Development Department Staff on such applications; and propose conditions of approval. The Project Review Committee shall be chaired by the !;taff member assigned to the project being reviewed. C. Authority/Other Planning Actions. The Prclject Review Committee shall review Planned Development Rezones, Zonin!9 Ordinance Amendments and other planning actions, to determine appropriate standards to include in ordinances and planning documents. Interpretation. The Diroctor of Community Development Director is assigned the responsibility and authority to interpret the requirements of this Zoning Ordinance. This Section provides rules for resolving qU'3stions about the meaning or applicability of any part of this Zoning Ordinance. A. Language. The meaning and construction of words and phrases as set forth shall apply throughout this Zoning Ordinance, except where the context of such words or phrases clearly indicates a different meaning or construction. All underlined 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 Ordinance. 2. Illustrations. In case of any difference of meaning or implication between the text of any provision and any illustration, 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 context clearly indicates the contrary. The masculine and feminine genders are both inclusive of the masculine, feminine, and neuter. 5. Conjunctions. Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows: 4-6 Month 2008 City of Dublin Zoning Ordinance TITLE, PURPOSE, AUTHORITY AND ADMINISTRATION Chapter 8.04 "And" indicates that all connected items or :>rovisions shall apply. "Or" indicates that the connected items or provisions may apply singly or in any combination. "Either. . . Or" indicates that the connected items or provisions shall apply singly but not in combination. 6. Number of Days. Whenever a number of days is specified in this Zoning Ordinance, 9f 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 sllch time limits shall extend to the following working business day where th.~ last of the specified 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 Hhall be considered to be the minimum requirements, unless stated othelwise. 8. Text Error. Where the Director of Community Development Director determines through review of the public record of a City Council hearing and action that the text of this Zoning Ord inance is in error, the Director of Community Development Director shall have the authority to correct the error to make the Zoning Ordinance 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 zoning 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 line~! 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 featu 'e such as a stream, drainage City of Dublin Zoning Ordinance 4-7 Month 2008 TITLE, PURPOSE, AUTHORITY AND ADMINISTRATION Chapter 8.04 channel, topographic contour line, power line, or railroad right-of-way, the boundary location shall be determined by the Director of Community Development Director, based upon the cllaracter of the particular feature used as a boundary. 5. Map Error. Where the Director of Community Development Director determines through review of the public record of a City Council hearing and action on a rezoning that a zoning district boundary tiRe or other information on the official zoning map has been drafted in error, the Community Development Director shall have the authority to correct the error to make the official map consistent with the action of the City Council. C. Permitted Uses of Land. If a proposed use ef-IfM 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 or within a Planned Development Zoning District the use shall not be allowed, except as follows: 1. Permitted. The Director of Community Development Director may determine that a proposed use not included in the use types permitted by the above sections Chapters is permitted if the Community Development 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 more of the uses included in the use types permitted by the zoning district, 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, objectives and policies of the General Plan and applicable Specific Plans. c. Purpose and intent of Zoning District. The proposed use will meet the purpose ~md intont of the zoning district th3t applios to tho sito in which it is located. 2. Referral to Planning Commission. The Qife!ctor of Community Development Director may refer questions about proposed but unincludod uses not included in this Zoning Ordinance directly to the Planning Commission for a determination at a public hearing. 3. Treated in Same Manner. When the Q.ifector of Community Development Director or the Planning Commission, ciS applicable, determines that a proposed, but unincluded use is in substantial conformity with an included City of Dublin Zoning Ordinance 4-8 Month 2008 TITLE, PURPOSE, AUTHORITY AND ADMINISTRATION Chapter 8.04 and therefore permitted use, the proposed use will be treated in the same manner as the included use in determining where it is allowed, what permits or approvals are required and what other standards and requirements of this Zoning Ordinance apply. D. Official Interpretations. Whenever the Directl3f--Gf Community Development Director determines that the applicability or meaning of any of the requirements of this Zoning Ordinance aFe is unclear generally or as applied to a specific case, the Director of Community Development Diirector may issue an official interpretation. Official interpretations shall be: 8.04.110 1. In writing, and shall quote the provisions of this Zoning Ordinance being interpreted, together with an explanation of their meaning or applicability in the particular or general circumstancE!s that caused the need for interpretation. 2. Distributed to the City Council, Planning Commission, City Attorney, City Clerk, and Department staff. Any Zoning Ordinance provisions that are determined by the Director of Community Development 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 of Community Devolopment 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. E. Appeal and Referral. Any interpretations of this Zoning Ordinance by the Director ef-Community Development Director may be a ppealed 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 provisions apply to conflicting requirements of the Zoning Ordinance. A. Other Code Provisions. If conflicts occur betwnen 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 tile 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 4-9 Month 2008 City of Dublin Zoning Ordinance 8.04.120 8.04.130 8.04.070 TITLE, PURPOSE, AUTHORITY AND ADMINISTRATION Chapter 8.04 use of structures or land than a private requirement, the provisions of this Zoning Ordinance shall apply. Where a covenantor private agreement imposes a greater restriction than this Zoning Ordinance, the provisions of this Zoning Ordinance shall still apply without diminishing any private agreements or restrictions. The City will not enforce any private covenant or agmement unless it is a party to the covenant or agreement. Joint Reference. Wherever a regulation is applied 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" zoning district it shall be understood to 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 applied herein to any "M" zoning district it shall be understood to apply to any zoning district or "zone" designated in Chapter 8.28, Industrial Zoning Districts by the primary symbol "M". Wherever a regulation is applied herein to any "PO" zoning district it sha I be understood to apply to any zoning district or "zone" designated in Chapter 8.:~2, 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 Director of Community Development 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. Exemptions From Permit Requirements. The permit requirements of this Ordin~mce do not apply to the following activitios, uses of land and structures, which are 3I1o'l.'od in all zoning districts: ^ ". Decks, paths and driveways. Decks, platforms, on site paths, and driveways that are not required to have building or gr3ding permits by the Municip31 Code, 3re not over 30 inches above the walking surf3ce, and not over 3ny b3sement or story below. B. Film and the3ter productions. Structures and related development required for tempor3ry motion picture, television and theater stage sets and scenery, and still 4-10 Month 2008 City of Dublin Zoning Ordinance 8.0-1.080 TITLE, PURPOSE, AUTHORITY AND ADMINISTRATION Chapter 8.04 photographic sessions, provided that the development does not require :llter:ltions of tho n:ltur:ll envirenment, Le., romo'J:l1 of veget:ltion, grading or emthwork. C. Govornment:ll :lcti'lities. Activities of tho City, St:3te or :In agency of the St:lte, or Feder:ll Government on leased or foder:llly o'Nneclland. D. Irrigation. The inst:llbtion of irrigation linos. E. Remodeling: 1. Interior changes. Interior altor:ltions that do not result in :In increase in tho number of rooms or the gress floor area within the structure, or a change in the permitted use of the structure. 2. Single F:lmily :lnd two family dwellings. The remodoling of single family and two family d....'ellings, provided that tho proposed romodeling is in compli:lnce with :lll applicable regul:ltions cf this Ordin:lnce. F. Rep:lirs and mainten:lnce. Ordin:lry repairs and m:lintenance, if tho work does not result in any change in the :lpproved land use of the site or structure, or the addition to, enbrgement or exp:lnsion of the structure, and if :lny exterior repairs employ the S:lme m:lteri:lls :lnd design as origin:llly used. G. Retaining w:llls. Ret:lining 'Nalls (retaining e:lrth only) that are not over four feet in height me:lsured from the bottom of the footing to the top of the wall :lnd :lre not required to h:l'.'e a grading pormit. H. School f3cilities. Cert:lin school f3cilities as provided by Government Code Sections 53091 et. seq. I. Solar collectors. The addition of sol:lr collection systems to the roofs of existing structures. J. Utilities. The orection, construction, alter:ltion, or maintenance by :l public utility or public agency of underground or overhead utilities (Le., w:lter, gas, electric, telecommunication, supply or disposal systems, including poles, towers. wires, mains, dr:lins, sewers, pipes, conduits, cables, fin) :ll:lrm boxes, police c:l1I boxes, traffic sign:lls, etc.), but not including structures, sh:lll be permitted in :lny zoning district, provided th:lt the route of any electric:l1 tr:lnsmission line(s) h:l'.'ing the potential of 50.000 volts or more sh:lll be subject to City Council review :lnd approv:l1 prior to acquisition of rights of way. Other permits may be required. /\ permitted l:lnd use that h:ls obt:lined a requirod Permit m:lY still be required to obt:lin other permits before the building is constructed, or tho use commenced. or otherwise est:lblished :lnd put into operation. Nothing in this Ordinance sh:lll eliminate the need to obt:lin any permits or approv:lls required by other provisions of the Municipal Code, including but not 4-11 Month 2008 City of Dublin Zoning Ordinance TITLE, PURPOSE, AUTHORITY AND ADMINISTRATION Chapter 8.04 limited to, building, grading, or other construction permits if requirod, a businoss licenso if requirod, subdivision approval if roquirod, or any othor pormit roquired by a regional, Stato or Fedoral agoncy. All nocossary pormits shall bo obtained boforo starting lJIork or ostablishing new usos. City of Dublin Zoning Ordinance 4-12 Month 2008 ZONING DISTRICTS AND PERMITTED USES OF LAND Chapter 8.12 CHAPTER 8.12 ZONING DISTRICTS AND PERMITTED USES OF LAND 8.12.010 8.12.020 8.12.030 Purpose. The purpose of this Chapter is to establish zoning districts, adopt an official Zoning Map, show equivalent zoning di::;tricts between the new Zoning Ordinance and the former Zoning Ordinance, determine permitted land uses and conditionally permitted land uses, aAG establish the decision maker making authority for SUGtl the conditionally permitted land uses, ensure the protection of the public health, safety, and welfare; and to c:Iassify and regulate the use of land and structures within the City of Dublin that will consistently implement the General Plan and Specific Plans. Intent. The intent of this Chapter is to ensure the protection of the public health, safety, and welfare; :md to classify and regulato the use of land, buildings and structures within the City of Dublin that will consistently implement the General Plan and specific pkms. Zoning Districts Established. The City of Dublin shall be divided into zoning districts which consistently implement the General Plan and Specific Plans. The following zoning districts are established, and shall be shown on the official Zoning Map: A Agricultural Zoning District R-1 Single-Family Residential Zoning Di::;trict R-2 Two-Family Residential Zoning District R-M Multi-Family Residential Zoning District C-O Commercial Office Zoning District C-N Neighborhood Commercial Zoning District C-1 Retail Commercial Zoning District C-2 General Commercial Zoning District M P Industrial Park Zoning District M-1 Light Industrial Zoning District M 2 Heav'flndustrial Zoning District PD Planned Development Zoning District Scarlett Court Overlay Zoning District Historic Overlay Zoning District Zoning Map Adopted. A. The boundaries of the zoning districts established by Section 8.12.020 shall be shown upon the map designated as the "City of Dublin Zoning Map" (hereafter referred to as the "Zoning Map"), on file with the City Clerk, and available at the Department of Community Development Department. 12-1 Month Year City of Dublin Zoning Ordinance ZONING DISTRICTS ANlD PERMITTED USES OF LAND Chapter 8.12 8.12.040 B. The Zoning Map, together with all legends, symbols, notations, references, zoning district boundaries, map symbols, and other information on the map has been adopted by the City Council in compliance with California Government Code Sections 65800 et seq., and is hereby incorporab3d into this Zoning Ordinance by reference as though it were fully set forth here. C. The Zoning Map shall implement the adopted General Plan and Specific Plans. D. Amendments to the Zoning Map shall follow the process established in Chapter 8.120, Zoning Ordinance Amendment. Zoning District Conversion Table. The followin~1 zoning district conversion table shows the equivalent zones of the new Zoning Ordinance and of the former Zoning Ordinance: New Zoning Ordinance Former Zoning Ordinance A Agricultural District A Agricultu ral District R-1 Single- Family Residential District R-1 Single- Family Residence District R-2 Two- Family Residential District R-2 Two- Family Residence District R-M Multi-Family Residential District R-3 Four- Family Dwelling District R-M Multi-Family Residential District R-4 Multiple Hesidence District PD Planned Development District PD Planned Development District C-O Commercial Office District C-O Administl"ative Office District C-N Neighborhood Commercial District C-N Neighborhood Business District C-1 Retail Commercial District C-1 Retail Business District C-2 General Commercial District C-2 General Commercial District M P Industrial P3rk District M-1 Light Industrial District M-P Industrial Park District M-1 Light Industrial District M-1 Light Industrial District M 2 H03VY Industrial District M-1 Light Industrial District M..2 Heavy Industrial District PO Planned Development District PO Planned Development District Scarlett Court Overlay District Scarlett Court Overlay District Historic Overlay District Historic Overlay District 8.12.50 Permitted and Conditionally Permitted Uses. The following "Land Use Matrix" lists the permitted and conditionally permitted use types, as defined in Chapter 8.160, Definitions, in each Zoning District, and the decision maker authority: Table 12-1: Land Use Matrix A EJ R-2 I RoM I c-o ] CoN I C-1 I C-2 I M-1 I USE TYPE 12-2 Month Year City of Dublin Zoning Ordinance ZONING DISTRICTS AN D PERMITTED USES OF LAND Chapter 8.12 USE TYPE A R-1 R-2 R-M C-O C-N C-1 C-2 M-1 Adult Business C/PC C/PC Establishment - - - - - - - Agricultural C/ZA - - - - - - - - Housing Agricultural Mobile C/ZA - - - - - - - - Home Agricultural C/ZA - - - - - - - C/PC Processing Ambulance Service - C/PC - - - - - P P Animal and/or Bird Keeping - C/ZA - - - - - - - - Agricultural Animal and/or Bird Keeping - C/ZA - - - - - - - - Commercial Animal Keeping - P P P P - - - - - Residential Animal Sales and C/ZA C/PC C/PC C/PC Services - - - - - Arcade - - - - - - C/PC - - Auction Yard - - - - - - - C/PC C/PC Automobile and Recreational - - - - P P P P - Vehicle Brokerage Automobile and Recreational - - - - - - - P C/PC Vehicle Rental Automobile and Recreational C/ZA C/ZA Vehicle Repairs - - - - - - - and Service Automobile and Recreational C/PC C/PC Vehicle Sales and - - - - - - - Service AutomobileNehicle Storage Lot - .. - - - - - C/PC C/PC (Permanent) City of Dublin Zoning Ordinance 12-3 Month Year ZONING DISTRICTS AND PERMITTED USES OF LAND Chapter 8.12 USE TYPE A R-1 R-2 R-M C-Q C-N C-1 C-2 M-1 Banks and P P P P Financial Services - - - - - Bed and Breakfast C/PC C/PC C/PC C/PC C/PC C/PC C/PC Inn - - Boarding House - C/ZA C/ZA C/ZA - - - - - Building Materials - " - - - - P P - Sales Car Wash/Detailing - " - - - C/ZA C/ZA C/ZA - Caretaker C/ZA C/PC C/PC C/PC Residence " - - - - Cemeteries, Columbariums and C/PC " - - - - C/PC C/PC C/PC Mortuaries Commercial C/ZA P P School - " - - - Community Care - C/PC C/PC C/PC - - C/PC C/PC C/PC Facility/Large Community Care P P P P - - - - - Facility/Small Community - C/PC C/PC C/PC - - C/PC - - Clubhouse Community Facility C/PC C/PC C/PC C/PC C/PC C/PC C/PC C/PC C/PC Copying and - " - - P P P P - Blueprinting Crop Production C/ZA Dance Floor - " - - - - C/PC C/PC C/PC Day Care Center - C/PC C/PC C/PC C/PC C/PC C/PC C/PC C/PC (15+ children) Drive-inlDrive- C/PC C/PC C/PC through Business - " - - - - Duplex - " P P - - - - - Eating and Drinking - " - - C/ZA C/ZA P P C/ZA Establishment Emergency C/PC C/PC C/PC C/PC C/PC Shelters City of Dublin Zoning Ordinance 12-4 Month Year ZONING DISTRICTS AND PERMITTED USES OF LAND Chapter 8.12 USE TYPE A R-1 R-2 R-M C-O C-N C-1 C-2 M-1 Equipment and Materials Storage - . - - - - - C/PC C/PC Yard Family Day Care Home/ Small (up to P P P P - - - - - 8 children) Family Day Care Home/Large (up to C/PC C/PC C/PC C/PC - - - - - 14 children) Film and Photography P C/PC Studio Fortunetelling - - - - - - C/PC C/PC - Garage Conversion - P - - - - - - - GaragelYard Sale P P P P - - - - - Home Occupation P P P P - - - - - Horse keeping C/ZA Horse Stable/Riding C/ZA Academy Hospital/Medical - - - C/PC - - C/PC C/PC - Center Hotel/Motel - - - - - - C/PC C/PC - Housemover's C/PC Storage Lot - - - - - - - - Impound Yard - - - - - - - - C/PC Industrial - Light - - - - - - - - P Industrial Transfer/ StoragelTreatment - - - - - - - - C/PC Facility Laboratory - - - - P - - P P Massage - - - - - C/PC C/PC C/PC - Establishment Mini-Storage - - - - - - - C/ZA C/ZA Mobile Home P P P - - - - - - City of Dublin Zoning Ordinance 12-5 Month Year ZONING DISTRICTS AND PERMITTED USES OF LAND Chapter 8.12 USE TYPE A R-1 R-2 R-M C-O C-N C-1 C-2 M-1 Mobile Homel Manufactured - C/PC C/PC - - - - - - Home Park Multi-Family - - P P - - - - - Residence Office - P P Contractor's - - - - - - - Office - Professionall - - - - P P P P - Administrative Outdoor Mobile C/ZA C/ZA C/ZA C/ZA C/ZA Vendor - - - - Outdoor Seating - - - - C/PC C/PC C/ZA C/ZA - Parking Lot - - C/ZA C/ZA C/ZA - - - - - Residential Parking Loti Commercial - - - - C/PC C/PC P P C/PC Garage Personal Services - - - - - P P P - Plant Nursery C/PC C/PC - - - - C/PC C/PC - Printing and - - - - - - - - P Publishing Recreational C/ZA C/ZA C/ZA Facilityllndoor - - - - - - Recreational C/PC C/PC C/PC C/PC Facility/Outdoor - - - - - Recycling Facility - - - - - - C/PC C/PC C/PC Repair Shop - - - - - P P P P Research and Development - - - - P - - - P Laboratory Residential Use Secondary to - - - - C/PC C/PC - Commercial Use Retail - General - - - - - - P P - Retail - P P P Neighborhood - - - - - - Retail - Outdoor C/PC C/PC Storage - - - - - - - City of Dublin Zoning Ordinance 12-6 Month Year ZONING DISTRICTS AND PERMITTED USES OF LAND Chapter 8.12 USE TYPE A R"1 R-2 R"M C"O C"N C"1 C-2 M-1 Salvage and - - " " " " " " C/PC Wrecking Yard Second Unit " P - - - " " " " Service Station " - " " " C/PC C/PC C/PC C/PC Single"Family P p P P " - - " " Residence Small Scale Transfer and " - " - " - - " C/PC Storage Facility Storage of Petroleum C/ZA P P Products for On" - - - " " - Site Use Transitional P P Housing Trucking Terminal - - " " " " " " P Warehousing and " M - - " " - P P Distribution ACRICUL TURAL USE TYPES ACRICUL TURAL USE A R-t- ~ R- G-G (;-N {;-l. ~ M-P M-l ~ TYPE M Animal Keeping Gf.b - - - - - - - - - - . .. A .Animal Keeping Gf.b - - - - - - - - - - Commercial A }.gricultllfal Processing Gf.b - - - - - - - - - - A Bir.a Keeping Gf.b - - - - - - - - - - Commercial A Crop Production Gf.b - - - - - - - - - - A Horse Stable/Riding Gf.b - - - - - - - - - - ..^.cademy A Horsekeeping Gf.b - - - - - - - - - - A RESIDENTIAL USE TYPES I~"':::; I A ~~I:; 1~~~G+I~I_IM4I~1 . .gncultHral Housmg Gf.b - - - - - - - - - City of Dub/in Zoning Ordinance 12-7 Month Year ZONING DISTRICTS AND PERMITTED USES OF LAND Chapter 8.12 A Animal Keeping P P P P - - - - - - - Residential Boarding H01:lse - Gf.:b Gf.:b Gf.:b - - - - - - - A A A Caretaker Residence Gf.:b - - - - - GIll GIll GIll GIll GIll A G G G G G COmml:lflity Care P P P P - - - - - - - Facility/Small ~ , p p - - - - - - - - Family Day Care GIll GIll GIll GIll - - - - - - - Home/Large G G G G (1:lp to 11 children) Rev. Ord. 20 06 (NBvembCl" Jf)()6) Family Day Care Homel P P P P - - - - - - - Small (up to g children) Rev. o,d. 20 06 (NBvembCl" Jf)()6) Farm Mobile Home Gf.:b - - - - - - - - - - A roo ~y , "_1 P P P P ............ '-'~.' - - - - Home Occl:lpation P P P P - - - - - Mobile Home P P P - - - - - - Mobile Home - GIll GIll - - - - - - - - lManafaetl:lred Home Park G G "/u'L' ~ ., p p - - - - - - - Parking Lot Residential - Gf.:b Gf.:b Gf.:b - - - - - - - A A A Residential Use Secondary - GIll - - - - GIll - - - - te G G Commercial Use Residential Conversion of - P - - - - - - - - - Garage to Living Space Second Unit - Gf.:b - - - - - - - - - A n. - . . p p p P .....HH~ - - - - - - Temporary Mobile Homel +YP +YP +YP - - - - - - - - Manufaet1:l:fed Home Tract and Sales Office! - +YP +YP +YP - - - - - - - ,~ , , TT - Transitional Housing - - GIll GIll - - - - - - - Rev. 01'd. 2504 G G CIVIC USE TYPES City of Dub/in Zoning Ordinance 12-8 Month Year ZONING DISTRICTS Af'lID PERMITTED USES OF LAND Chapter 8.12 CIVIC USE TYPE A R-t- ~ R- (;-() ~: G-t- (rl M-P M-l M-4 M Community Clubhouse - GIll GIll GIll - - GIll - - - - G G G G COlllffiUflity Facility GIll GIll GIll GIll GIll GIll GIll GIll GIll GIll GIll G G G G G G G G G G G Hospital/Medical Center - - - GIll - - GIll GIll - - - G G G Industrial Transfer/Steragel - - - - - - - - - GIll GIll Treatment Facility G G T>~_ +YP +YP +YP +YP +YP +YJ! +YP +YP - - - Small Scale Transfer - - - - - - - - - GIll GIll and Storage Facility G G COMMER-CIAL USE TYPES COMMERCIAL USE A R-t- ~ R- (;-() <;-l\r G-t- (rl M-P M-l M-4 TYPE M Adult Business - - - - - - GIll GIll - - - Establishment G G Ambulance Service - GIll - - - - - p - p - G Animal Sales and Services Gf.:b - - - - - GIll GIll - GIll GIll A G G G G Arcade - - - - - - GIll - - - - G .Arts and Crafts Fair +YP +YP +YP +YP +YP +lJP +YP +YP +YP +YP .A.uction Yard - - - - - - - GIll GIll GIll - G G G .A.utomobile/Vehicle - - - - p p p p - - - Brokerage .A.utomobilelVehicle Rental - - - - - - - p - GIll - G i\\:ltomobileIV ehicle - - - - - - - p - GIll - ..... ..1 - G .A.utomobileIV ehicle Sales - - - - - - - GIll - GIll - and Service G G .A..utomobileIV ehicle - - - - - - - +YP - GIll - Storage Lot G Banks and Financial - - - - p p p p - - - Services Bed and Breakfast Inn GIll GIll GIll GIll - - GIll GIll GfP GIll GIll G G G G G G G G G Building Materials Sales - - - - - p p - - - Car WashlDetailing - - - - - - - Gf.:b - - - City of Dublin Zoning Ordinance 12-9 Month Year ZONING DISTRICTS AND PERMITTED USES OF LAND Chapter 8.12 A Carnival - - - - +YP +YP - - Cemeteries, Columbariums GIll - - - - - GIll GIll - GIll - and Mortuaries G G G G Christmas Tree Sales Lot - - - - +YP +YJ! +YP +YP - - COffiffitHlity Care - GIll GIll GIll - - GIll GIll GIll GIll - Facility/Large G G G G G G G ,.., - - - p p p p - - - Danoe Floor - - - - - - GIll GIll - GIll - G G G Day Care Center (1ST - GIll GIll GIll GIll GIll GIll GIll GIll GIll GIll children) G G G G G G G G G G Drive inlDrive thrO\:lgh - - - - - GIll GIll GIll - - - Bl:lsiness G G G Eating and Drinking - - - - Gf.:b ~ P P Gf.:b Gf.:b - Establishment Re.'. Om. A A A- A- M-fJJ Emergency Shelters - - - - GIll G,lP GIll GIll GIll GIll GIll Rev. Ortl. 25 04 G G G G G G G Farmer's Market - - - +YP +YJ! +YP +YP - - Festival/Street Fair +YP +YP +YP +YP +YP +YJ! +YP +YP - - Fireworks Sales - - - - - +YP +YP - Fortulletelling - - - - - - GIll GIll - - - G G Health Services/Clinics - - - - Gf.:b - P P - - - A Hotel&1otel - - - - - - GIll GIll - - - G G HO\:lsemover's Storage Lot - - - - - - - - - - GIll G ImpotHld Yard - - - - - - - - - GIll GIll G G Laboratory - - - - p - - p p p p Massage Establishment - - - - - G,lP GIll GIll - - - G G G Mini Storage - - - - - - - p - - - Office Contractor's - - - - - - - p p p p Office - - - - p p p p p - - Professional! f.dministrativ e Office Trailer - - - - +YP +yp +YP +YP +YP +YP +YP Commercial Outdoor Mobile Vendor - - - - Gf.:b ~ Gf.:b Gf.:b Gf.:b Gf.:b Gf.:b A A A A A A A O\:ltdoor Sale by Est. Dub. - - - - +YP +yp +YP +YP - - - Bllir. City of Dublin Zoning Ordinance 12-10 Month Year ZONING DISTRICTS AND PERMITTED USES OF LAND Chapter 8.12 Ol:ltdoor Seating - - - - GIll GIll GIll GIll - - - G G G G Parking Lot/Garage - - - - GIll G,lP P P GIll P P Commercial G G G COMMERCIAL USE A R-t- ~ R- (;-() ~: G-t- (rl M-P M-l M-4 TYPE M Persofl:al Services - - - p p p - - Plant Nursery GIll GIll - - - - GIll GIll - - - G G G G Pumpkin Sales Lot - - - +YP +YJ! +YP +YP - - - Recreational - - - - - - Gf.:b Gf.:b Gf.:b Gf.:b Gf.:b Facility/Indoor A A A A A Recreational G,lP - - - - - GIll GIll GIll GIll GIll ~ -,- G G G G G G - ",. p p p - - - - - - - - Retail Gooeral - - - - - p p - - - Retail Neighborhood - - - - p p p - - - Retail Ol:ltdoor Storage - - - - - - GIll GIll - - - G G Retail Service - - - - - - p - - School Commercial - - - - - p p - - - Service Station - - - - - G,lP GIll GIll - GIll GIll G G G G G Shopping Center - - - - - - GIll GIll - - - G G Temporary ConstmctioR +YP +YP +YP +YP +YP +tilt +YP +YP +YP +YP +YP Trailer Temporary Ol:ltdoor Sale - - - - Gf.:b ~ Gf.:b Gf.:b Gf.:b Gf.:b Gf.:b Not Related to On Site A A A A A A A Established Business (Sidewalk Sale) Vehiele Storage Y d - - - - - - - - - Gf.:b Gf.:b Commercial A A INDUSTRIAL USE TYPES INDUSTRIAL USE A R-t- ~ R- (;-() (;-l\l G-t- (rl M-P M-l M-4 TYPE M Equipment and materials - - - - - - - GIll - GfP - Storage Yard G G Ind\:lstrial Heavy - - - - - - p Industrial Light - - - - - - - p p p Printing and Publishing - - - - - - - - p p - Recycling Facility - - - - - - GIll GIll G,lP G,lP G,lP Commercial G G G G G City of Dublin Zoning Ordinance 12-11 Month Year ZONING DISTRICTS AND PERMITTED USES OF LAND Chapter 8.12 Resear-eh and Development - - - - - - - - p p p LaBoratory SalYage and Wrecking - - - - - - - - - GIll GIll ~ G G ,.., +YP +YP +YP - - - - - - - - Storage efPetrolemn - - - - - - - p p p p Products for On Site Use Trucking Terminal - - - - - - - p p Warehousing and - - - - - - - p p p P Distrib\:ltiofl. KEY/DECISIONMAKER AUTHORITY Not Permitted - Permitted P Zoning Clo::u:mco ZG Conditional Use Permit/Zoning C/ZA Administrator Conditional Use Permit/Planning C/PC Commission T ompomry Uso Permit +YP 8.12.060 Permitted and Conditionally Permitted Uses in the Planned Development and Overlay Zoning Districts. The following provides for permitted and conditionally permitted Uses and for decisiion maker authority in these districts. A. Planned Development Zoning District. Permiltted uses and decision maker authority are as provided in Chapter 8.32, Planned Development Zoning District, and in the Ordinance for each Planned Development. B. Overlay Zoning Districts. Overlay zoning districts are a designation in addition to standard zoning districts, as specified in the Ordinance establishing the Overlay Zoning District. Permitted and conditionally permitted uses and decision maker authority shall be as provided in the City of Dublin Zoning Ordinance 12-12 Month Year ZONING DISTRICTS AND PERMITTED USES OF LAND Chapter 8.12 underlying standard zoning district, except as modified in the Ordinance establishing the Overlay Zoning District. City of Dublin Zoning Ordinance 12-13 Month Year AGRIICUL TURAL ZONING DISTRICT Chapter 8.16 AGRICULTURAL ZONING DISTRICT CHAPTER 8.16 a e - ~grlcu tura onlng IstrlCt enera eve ODmen an ar s Development Feature A Minimum Lot Size 10(l1 Acres Minimum Lot Width and 300 Feet Frontage Minimum Lot Depth N/A 8.16.010 8.16.020 Purpose and intent. The purpose and intont of tho Agricultural Zoning District this Chapter is to establish regulations which ac~ ieve the following: A. Preserve and protect agricultural lands that are being used for the commercial production of agricultural commodities consistent 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 Zoning 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 more 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 spaee for each Dwelling. I. Minimize traffic congestion and avoid the ove"loading of public services and utilities. Agricultural Zoning District General Development Standards. The following area, yard and bulk requirements apply to A (Agricultural) Zoning District: T bl 16 1 A . D' . G t St d d IZ ID 16-1 Month 2008 City of Dublin Zoning Ordinance AGRICULTURAL ZONING DISTRICT Chapter 8.16 Development Feature A Setbacks $~e.....~hal\lte'~:~~j~eveIQPrne~t..~~SJ~.,~~!~~~,.fQr allowed pFoj@~'QQns andencFoachooentsinto setbacks Front 50 Feet Side 30 Feet Street Side 50 Feet Rear 50 Feet Minhnum Distance B.etween 100 Feet Residences Maximum Lot Coverage N/A 25 feet and 2 stories (may be incF~asedto3!)feet Height Limits and 2stoFiespursuant to SiteOevel~l\ltrl~ntReview approval by the Planning Commission). See Chapter 8.44, Development Regulations for exceptions to height limits. Residential Accessory See Chapter 8.46, AccEissory Structures and Uses StructuFes Permitted and Conditionally Land uses for the A Zo ning District shall be as set Permitted Land Uses forth in the Land Use Matrix in Section 8.1 2.050 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. ^ I". Use types permitted in 1\ zoning district. Animal ~:eeping Residential, Community Care Facility/Small, GaragelYard Sale, Mobile Home, Single Family Residence, Small Family Day Care Home; similar and related uses; temporary uses; and conditional uses. 1\11 Agriculture use types as shown in the Land Use Matrix require a Conditional Use Permit by the Zon ing Administrator. General Plan Consistency. The A Zoning District is consistent with the Rural Residential/Agriculture and Open Space designations of the General Plan. City of Dublin Zoning Ordinance 16-2 Month 2008 8.16.030 B. AGRICULTURAL ZONING DISTRICT Chapter 8.16 Farm buildings. ,^.II farm buildings including, but not limited to, ::l st::lblo, barn, pen, corral, greenhouse, or coop aro permittod by moans of a Sito Dovelopment Revio'l.' in tho 1\ zoning district. Regulations. All land Uses in the A Zoning District shall comply with all applicable regulations set forth in this Zoning Ordinance and in the Municipal Code. Permittod and Conditionally Permittod Land Uses Regulations, and Performanco Stand::lrds. ^ , .. Permitted and Condition::llly Pormitted L::lnd Uses For permitted ::lnd conditionally permitted l::lnd uses, please see the L::lnd Use M::ltrix in Section 8.12.050. B. I\ccessory Structures and Uses Regulations. For aooessory structures and uses regulations, please see Chapter 8.40. C. Development Agreement Regul3tions. For development ::lgreement regul3tions, please see Chapter ~ D. Development Regulations. For development regulations, please see Chapter ~ E. Home Occupations Regulations. For home occupations regul3tions, please see Chapter 8.64. F. L::lndscaping ::lnd Fencing Regul3tions. For l::lndscaping and fencing regulations, pleaso see Ch::lpter ~ G. Off Street P::lrking and Loading Regulations. For off street parking and 10::lding regul3tions, ple::lse see Chapter 8.76. H. Sign Regul::ltions. For sign regul3tions, ple3se see Ch::lpter 8.84. I. 'Nater Efficient L::lndscaping Regul::ltions. For water efficient landsc::lpe regulations, please see Chapter 8.88. J. Wireless Communications Facilities Regul::ltions. For Wireless Communic::ltions F::lcilities Regulations, ple::lse see Chapter 8.92. K. Perform::lnce Standards. 1\11 uses in the Agricultur::ll zoning district sh::lll conform to Section 8.28.030 (Industri::ll Perform::lnce St::lnclards for the M P zoning district). 16-3 Month 2008 City of Dublin Zoning Ordinance RESIDENTIAL ZONING DISTRICTS Chapter 8.20 RESIDENTIAL ZONING DISTHICTS CHAPTER 8.20 Table 20-1: Residential Zoning Districts enercll evelopment tan ar s 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 symbol (i.e. R-1-5,000) 8.20.010 A. 8.20.020 Purpose and intont. The purpose and intent of this Chapter is to establish regulations for the R-1 (Single Family Residential) Zoning District, R-2 (Two- Family Residential) Zoning District and the R-M (Multi-Family Residential) Zoning District which achieve the following: Reserve neighborhood areas for residential livinq with a broad range of dwelling unit densities consistent with the General Plan and applicable Specific Plans and appropriate standards of public health, safety, welfare, and aesthetics. B. Ensure adequate light, air, privacy, and open space for each dwelling. C. Minimize traffic congestion and avoid the overloading of public services and utilities. D. Protect residential neighborhoods from oxcessive noise, illumination, unsightliness, odor, smoke, and other objectionable influences. E. Facilitate the provision of public improvements with anticipated increases in population, dwelling unit densities, and service requirements. F. Promote high standards of site planning and landscape design for residential developments within the City. G. Provide lands to accommodate housing units which meet the diverse economic and social needs of the residents and locating developments 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. Residential Zoning Districts General Development Standards. The following area, yard, bulk and other requirements apply to R-1 (Single Family), R-2 (Two Family Residence) and R-M (Multi-Family) Zoning Districts: G D S d d 20-1 Month Year City of Dublin Zoning Ordinance RESIDENTIAL ZONING DISTRICTS Chapter 8.20 Development Feature R-1 1~-2 RM Minimum Lot Width and Frontage (All Lots) Interior Lot 50 Feet 80 Feet 50 Feet Corner Lot 60 Feet 90 Feet 60 Feet Cui de Sac Lots 30 Feet 80 Feet 50 Feet Minimum Lot Depth 100 Feet Setbacks See Chapter 8.44, Development Regulations, for allowed projections and encroachments into setbacks Front 20 Feet Average 20 Feet 18 Feet Minimum Minimum of 5 feet plus one foot for each full 1 0 feet Side by which the lot 10 Feet 10 Feet* width exceeds the minimum lot width up to a maximum of 10 feet Street Side 10 Feet 10 Feet 10 Feet Rear 20 Feet 20 Feet 30 Feet Minimum Distance Between 10 Feet 20 Feet 20 Feet Residences Maximum Lot Coverage 40% 1 story, 35% 2 stories Height See Chapter 8.40, Development Regulations, for exceptions to height limits 4 or fewer 25 feet and 2 stories (may be dwelling units increased to 35 feet and 2 stories (DU)=35 Feet Height Limits pursuant to Site Develol)ment 5 or more DU=45 Review approval by the Zoning Feet or up to 75 Administrator) Feet if lot coverage is less City of Dublin Zoning Ordinance 20-2 Month Year REHlDENTIAL ZONING DISTRICTS Chapter 8.20 Development Feature R-1 I R-2 RM than 35% Accessory Structures See Chapter 8.46, Acce!;sory Structures and Uses Common Usable Outdoor N/A 30% of Net Site Space Area Front Yard Paving See Chapter 8.72, Landscal)ing and Fencing Regulations Parking See Section 8.76.080, Palrking Requirements by Use Type Performance Standards See Chapter 8.44, PI3rformance Standards Permitted and Conditionally See Section 8.12.050, Land Use Matrix Permitted Land Uses Transitional Housing See Chapter 8.50, Transiticmal Housing and Emergency Shl~lters * Buildings with four or more residences shall have a 15 FClot Side Yard on one side. 8.20.030 Residential Zoning Districts General Requirements. A. R-1 (Single Family Residential) Zoning District. 1. Intent. The R-1 Zoning District is intended to provide for and protect neighborhoods comprised of detached, single-family homes and residential use types compatible with a quil3t, family-living environment. 2. Use types permitted in R 1 zoning district. Animal Keeping Residential, Community Care Facility/Sm::lll, G::lr::lgelY::lrd Sale, Mobile Home, Single F::lmily Residence, Sm::lll Family Day C:lre Home; similar and related uses; tempor::lry uses; ::lnd condition::ll US9&.- General Plan Consistency. The R-1 Zoning District is consistent with the Low-Density, Low-Density Single-Family, Single-Family Residential, and Medium Density Residential designations of the General Plan depend ing on the Lot Squ::lre Footage Per Dwelling Unit selected for the developrAeAt.- 3. Substandard Parcels. Dwelling units wl1ich were legally constructed with setbacks or on lot sizes which de) not conform to this Zoning Ordinance are allowed to remain on the site. Additions to the structure which conform to the exinting setbacks will also be permitted where allowed by the 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 City of Dublin Zoning Ordinance 20-3 Month Year REHlDENTIAL ZONING DISTRICTS Chapter 8.20 condition as allowed by Chapter 8.140, Non-Conforming Structures and Uses. 4. Lot squ:.re footago per dwelling unit. The dosign:.tion of :.n ::lrea in the R 1 zoning district sh:.1I includo ost:.blishing :. L.ot Square Footago Por Dwelling Unit expressed :.s a suffix to the R 1 Zoning Map symbol (e.g., R 1 5,000, R 1 10,000, etc.). B. R-2 (Two-Family Residential) Zoning District. 1. Intent. The R-2 Zoning District is intended to provide for and protect neighborhoods comprised of single family dwellings, two family dwellings at that have development characteris1ics similar to single-family neighborhoods, duplexes and residential use types compatible with a quiet, family-living environment. 2. Use types permitted in R 2 zoning district. Anim:.1 Keeping Residential, Community Care Facility/Small, Duplex, GaragelYard Sale, Mobile Home, Multi Family Residence, Single Family Residence, Small Family Day Care Home; similar ~md related uses; temponry uses; and conditional uses. General Plan Consistency. The R-2 Zoning District is consistent with the Medium Density Residential, and Medium/High Density Residential designations of the General Plan depending on the Lot Square Footage Per Dwelling Unit selected for the development.,. 3. Lot squ:.re footage per dwelling unit. The designation of an area in the R 2 zoning district shall include establishing a Lot Square Footage Per Dwelling Unit expressed as a suffix to the R 2 Zoning Map symbol. C. R-M (Multi-Family Residential) Zoning District. 1. Intent. The R-M Zoning District is intended to provide for and protect neighborhoods comprised of single family, two family and multi-family residences that are clustered to provide generous open space areas for common use, and that are generally closH to transit, shopping, and public facilities. 2. Use types permitted in R M zoning district. The use types intended for the R M zoning district include Animal Keeping Residential, Community Care F:.cility/Small, Duplex, Gar:.gelYard Sale, Multi F:.mily Residenoe, Single Family Residence, Sm:.1I Family Day Care Home; simil:.r and rel:.ted uses; temporary uses; and conditional uses. 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 General Plan depending on the Lot Square Footage Per Dwelling Unit selected for the development.,. City of Dublin Zoning Ordinance 20-4 Month Year 8.20.030 RESIDENTIAL ZONING DISTRICTS Chapter 8.20 3. Lot squaro footago por dwelling unit. The designation of an aroa in the R M zoning district shall include establiE>hing a Lot Square Footage Per D'Nolling Unit expressed as a suffix to the R M Zoning Map symbol. Permitted and Conditionally Permittod Land Uses, Regulations, and Performance Standards. ^ . '&. Permitted and Conditionally Permitted Land Uses, For permitted and conditionally permitted land uses, please see the Land Use M3trix in Section 8.12.050. B. /\ccessory Structures and Uses RegulationE>. For accessory structures and uses rogubtions, please see Chapter 8.10. C. Density BonuE> RegulationE>. For density bonus regulations, please see Chapter ~ D. Development J\groement Regulations. For developmont agroement regulations, please see Chaptor~ E. Development Regulations. For development rogu lotions, please seo Chapter ~ F. Home Occupations Regubtions. For home occupations rogulations, ploase see Chapter 8.61. G. Inclusionary Zoning Regulations. For inclusionary zoning regubtions, please see Chapter 8.68. H. Landscaping and Fencing Regulations. For bndscaping and fencing rogubtions, please see Chapter ~ I. Off Street Parking and Loading Regubtions. For off stroet parking and loading regulations, please see Chapter 8.76. J. Second UnitE> Regubtions. For second units rogulations, please soe Chapter ~ K. Sign Regubtions. For sign regulations, please see Chapter 8.81. L. Water Efficient Landscaping Regulations. For wa':er efficient landscape regulations, please see Chapter 8.88. M. '/\firoless Communications Facilities Regubtions. For wireless communications facilities regulations, please see Chapter 8.92. N. Performance Standards. 1\11 uses in the Residential zoning districts sholl conform to Section 8.28.030, Industrial Performance Standards for the M P zoning district. 20-5 Month Year City of Dublin Zoning Ordinance RESIDENTIAL ZONING DISTRICTS Chapter 8.20 O. Transitional Housing. For roquiremonts for Tr::ms tional Housing, ploaso soe Section 8.20.040 of this Chaptor. 8.20.40 Requirements for Transitional Housing ^. Transitional Housing Pormitted with Conditional Uso Permit. Transitional housing is a conditionally pormitted land uso in certain res!denti~1 districts and similar residonti:::tl Plannod Dovolopmont Districts devolopod at Gonoral Plan Modium and Modium High Donsities. Tho Pl:::tnning Commission shall be tho docision making body for issuance of a conditional uso pormit (pleaso see Land Uso Matrix in Section 8.12.050). B. Transitional Housing Developmont and Porform~mco Standards. Transitional housing may bo conditionally pormittod if tho facility is compatible with tho surrounding noighborhood and/or businessos and meots tho follo':/ing dovolopmont and performanco standards: Rev. Ord. 2504 (Ootober 2004) 1. Tho transitional housing has high accossibility to residonts and low profilef.'isibility to others. 2. The hours of operation for tho transitional housing will not result in nogativo impacts on othor uses. 3. Tho goneration of oxtornallighting and noieo is kept to a minimum for the location. 4. Tho transitional housing is locatod '.vith accoss to transportation, supportive servicos, and commercial sorviceG to moot daily noeds of residonts. 5. The transitional housing is designod to pro'/ido adequato socurity moasures to protoct users and tho surrounding neighborhood. 6. The transition:ll housing dosign and loc:ltion reflocts tho noods to tho clients being sorvod, 7. Tho tr:lnsitional housing provides transport3tion of individuals to-and from proposod f:lciHtie&,. 8. The transitional housing is in compli:::tnce 'l1Iith County and Stato hO:llth and S:lfety requirements for food, medical and othor supportivo servicos providod on site. 9. The transitional housing oporation and managoment is in :lnd maintains in good st:lnding all County and/or St:lto liconsos, if required by thoso agoncies for ovmor(s), oporator(s), and/or ~;taff of tho proposod f:lcility. City of Dublin Zoning Ordinance 20-6 Month Year RESIDENTIAL ZONING DISTRICTS Chapter 8.20 10. The transitional housing is developed in aCGordance with tho Development Rogulations in Chaptor 8.36 for the Zoning District and all applic3ble regul3tions 3nd stand3rds of the City of Dublin Zoning Ordinance. City of Dublin Zoning Ordinance 20-7 Month Year COMMERCIAL ZONING DISTRICT Chapter 8.24 COMMERCIAL ZONING DISTRICTS CHAPTER 8.24 Development Feature C-O Minimum Lot Size Interior Lot 10,000 sq. ft. 8.24.010 8.24.20 Purpose and intent. The purpose and intent of this Chapter is to establish regulations for the C-O (Commercial Office) Zoning District, C-N (Neighborhood Commercial) Zoning District, (:-1 (Retail Commercial) Zoning District and C-2 (General Commercial) Zoni ng District 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 ovel-Ioading 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 increases in population and the need for retail and service 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 and future residents of the City and those of adjacent communities. H. Provide for land uses which meet the needs of and attract regional populations, in addition to local residents. I. Ensure compatibility with adjacent land uses. Commercial Zoning Districts General Development Standards. The following area, yard, bulk and other requirements apply to C-O (Commercial Office), C- N (Neighborhood Commercial), C-1 (Retail Commercial) and C-2 (General Commercial) Zoning Districts: Table 24-1: Commercial Zoning Districts General D~velo ment Standards I C-N C-1 C-2 I 5,000 sq. ft. 5,000 sq. ft. 6,000 sq. ft. 24-1 Month Year City of Dublin Zoning Ordinance COMMERCIAL ZONING DISTRICT Chapter 8.24 Development Feature C-O C-N C-1 C-2 Corner Lot 11 ,000 sq. ft. 6,000 sq. ft. 6,000 sq. ft. 7,000 sq. ft. Minirnum...Lc>tWidthand Frontage .. Interior Lot 70 Feet 50 Feet 50 Feet 50 Feet Corner Lot 80 Feet 60 Feet 60 Feet 60 Feet MinimumLc>tli)eptf't 10.0ffeet Setbacks Seeehapter8.40, Developme.. LiiUI"tions, for allowed ... .. ....<<'":" proJ~ctlons and encro.a()t"'n~nt.Sintosetbacks 0 Feet (except where abutting a Residential, C-O Front 20 Feet 20 Feet or C-N Zoning District, the setback is the same as the adjacent Zoning District) 0 Feet (except where abutting a Residential Side 10 Feet Zoning Distriict, the setback is the same as the ReHidential Zoning District) 0 Feet (except where abutting a Key Lot in any Residential, C-O or C-N Street Side 10 Feet 10 Feet Zoning District, the setback shall be not less than % the require front yard setback for the Key Lot) 0 Feet (except where abutting a Residential Rear 10 Feet Zoning Distriict, the setback is the same as the Rel>>idential Zoning District) Height SeeCf'tapter 8.40, Development Regulations, for height exceptions 35 Feet when site is within 50 feet of a Residential Zoning Maximum Height 35 Feet District 45 Feet for all others Performance Standards See Chapter 8.44, Porformance Standards City of Dublin Zoning Ordinance 24-2 Month Year COMMERCIAL ZONING DISTRICT Chapter 8.24 Deve I 0 P m e n t Fe atu re C -0 I C -N I C -1 I C -2 Permitted an d Conditio na I Iy Pel"mitt~d See Sectio n 8 .12.0 50, Land!tI.seiMatrix La nd Uses Accesso ry Stru ctUresand See Qhapte 8.46 Acces S()ryi.~trui;~l.Ir~$ and Uses U ses r , Pa rk in g See Secti on 8 . 76.080 Pa rki n g Re qu irements by Use Ty pe 8.24.030 Commercial Zoning Districts General Regulations. A. C-O (Commercial Office) Zoning District. 1. Intent. The C-O Zoning District is intended to provide for the continued use, expansion, and new development of commercial office use types in proximity to major transportation corridors, and to ensure compatibility with adjacent residential and commercial uses. 2. Use types permitted in the C 0 zoning district. Automobile/Vehicle Brokerage, B::mks and Financi:ll Services, Copying and Blueprinting, Laboratory, and Office Profossionall/\dministrative; similar and related uses; temporary uses; and conditional 1::I5e&,- Use Types Conducted Entirely Within a Building. All use types permitted in the C-O Zoning District shall be conducted entirely within a building structure except where allowed pursuant to a Conditional Use Permit. 3. General Plan Consistency. The C-O Zoning District is consistent with the Retail/Office, Campus Office, and ffiOOstrial/Campus Office Business Park/Industrial designations of the General Plan. B. C-N (Neighborhood Commercial) Zoning District. 1. Intent. The C-N Zoning District is intended to provide for the continued use, expansion, and new development of small scale, low-intensity neighborhood commercial use types which serve and are in proximity to residential neighborhoods throughout the City, and to ensure compatibility with adjacent residential and commercial uses. 2. Use types permitted in the C N zoninn district. Automobile /Vehicle Brokerage, Banks and Financi:ll Services, Copying and Blueprinting, Office Professional/Administrative, Personal Services, Repair Shop, and Retail Neighborhood; similar and rel3ted uses; temporary uses; and conditional uses. Use Types Conducted Entirely Within a Building. All use types City of Dublin Zoning Ordinance 24-3 Month Year COMMERCIAL ZONING DISTRICT Chapter 8.24 permitted in the C-N Zoning District shall be conducted entirely within a structure except where allowed pursuant to a Conditional Use Permit. 3. General Plan Consistency. The C-N Zoning District is consistent with the Retail/Office and Neighborhood CommerGial designations of the General Plan. C. C-1 (Retail Commercial) Zoning District. 1. Intent. The C-1 Zoning District is intended to provide for the continued use, expansion, and new development of retail commercial use types along major transportation corridors and intersections, and to ensure compatibility with adjacent residential and commercial uses. 2. Use Types Conducted Entirely Within a Building. All permitted or conditionally permitted use types in the C-1 Zoning District shall be conducted entirely within a structure except where allowed pursuant to a Conditional Use Permit. 3. General Plan Consistency. The C-1 Zoning District is consistent with the Retail/Office and General Commercial designations of the General Plan D. C-2 (General Commercial) Zoning District. 1. Intent. The C-2 Zoning District is intended to provide for the continued use, expansion, and new development of genBral commercial use types along major transportation corridors and intersections, and to ensure compatibility with adjacent residential and commercial uses. 2. Use types permitted in the C 1 zoning district. /\utomobile/Vehicle Broker:::!ge, Banks :::!nd Fin3nci:::!1 Services, Building Materi:lls Sales, Copying :::!nd Blueprinting, Eating 3nd Drinking Est:::!blishment, Health Services/Clinics, Office Profossional/.^.dministrati'le, Parking Lot/Garage Commerci:ll, Person:::!1 Services, Repair Shop, Ret:::!i1 Gener:::!l, Retail Neighborhood, :::!nd School Commerci:ll; simil:lr and rol3ted uses; tempor:::!!)' uses; and condition31 uses. LIse 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 structure except where allowed pursuant to a Conditional Use Permit. 3. 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 desi~)nations of the General Plan. 8.21.030 Permitted and COfl.ditionally Permitted Land Uses, Ref;ulations, and Performance Standards. City of Dublin Zoning Ordinance 24-4 Month Year COMMERCIAL ZONING DISTRICT Chapter 8.24 ^ ....a.. B. c. D. E. F. G. H. I. Permitted and COfl:ditionally Permitted Land Uses. FOI permitted and conditionally permitted land 1:lses, please see the Land Use Matrix in Section 8.12.0S0. Accessory Stmct1:lfes (md Uses Regulations. For acces::;ory stmet1:lfes and \:lses regulatieRs, please see Chapter 8.4Q,. Adult B\:lsiness Establishm.oot Regulations. For adult business regulations, please see Chapter 8.11. Defl.sity Bonus Regulations. For den.sity bon1:ls regulatiofl.s, please see Chapter 8.52. Development ,^.greement RegulatioRs. For de'/elopment agreemefl.t regulatioRs, please see Chapter 8.56. Development Regulations. For deyelopmefl.t regulations, please see Chapter 8.36. Home Occupations Regulations. For home occ1:lpatiom regulations, please see Chapter M4: Landscaping and Foocing RegulatioRs. For landscaping and fencing regulations, please see Chapter 8.72. Off Street Parking and Loading Regulations. For off street parking and loading regulatioRs, please see Chapter 8.76. J. Second Units Reg\:llations. For second \:ll1its regulations, please see Chapter 8.80. K. Sign Regulations. For sign regulatiofl.s, please see Chapter 8.81. L. Water Efficient Landscaping Regulations. For '.vater efficient landscape regulatiofl:s, please see Chapter 8.88. M. 'Nireless Communications Facilities Reg\:llations. For'llireless communicatiofl.s faeilities regulatiofl.s, please see Chapter 8.92. N. Performance Standards. L^JI1:lses in the Comrner-eial zoning districts shall conform to Section 8.28.030 (Industrial Performance Standards for the M P zoning district). o. Emergency Shelters. Por requirements for Emergency Shelters, please see Section 8.28.070. 24-5 Month Year City of Dublin Zoning Ordinance INDUSTRIAL ZONING DISTRICT Chapter 8.28 INDUSTRIAL ZONING DISTRICT CHAPTER 8.28 8.28.010 Purpose and intent. The purpose and intent of this Chapter is to establish regulations for the M-1 (Light Industrial) Zoning District which achieve the following: A. Provide appropriate industrial areas to accommodate enterprises engaged in manufacturing, processing, creating, repairing, renovating, painting, cleaning, or assembling of goods, merchandise, or equipment and 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 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 otherwiue disrupting uses from public view including storage, assembly and equipml~nt. E. Facilitate the provision of public improvements commensurate with anticipated increases 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 indLlstrial use types in proximity to major transportation corridors, and to ensure compatibility with adjacent residential and commercial uses. 28-1 Month Year City of Dublin Zoning Ordinance 8.28.020 INDUSTRIAL ZONING DISTRICT Chapter 8.28 Industrial Zoning District General Development Standards. The following area, yard and bulk requirements apply to the M-1 (Light Industrial) Zoning District: a e - . n us ria IstrlC enera eve opmen an ar s . Development Feature M-1 Minimum Lot Area (All Lot$) 20,000.<sq.ft. Minimum Lot Width and 100 Feet Frontage (All Lots) Minimum Lot Depth 100 Feet Setbacks See ChaptEn 8.40 for aU owed projections and encroachments into setbacks Front 'I 0 Feet Side 'I 0 Feet Street Side 'I 0 Feet Rear :W Feet Amini.....~..... 10 foot Wide landscape buffer shall be provided along . aU roadwElYs Landscape Buffer ~bl:l"er. shanincludeJ~nc:lscaping elemen~ Il~~h astrees,shrubsandgroundcover El.nd shall not include sidewalks or other . pElving). 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 8.1 :l.050, Land Use Matrix Permitted Land Uses T bl 28 1 I d t' I D' . t G ID t St d d City of Dublin Zoning Ordinance 28-2 Month Year IUDUSTRIAL ZONING DISTRICT Chapter 8.28 8.28.020 Industrial Zoning Distriets. }'A' M P (Industrial Park Zoning Distriet). 1. Intent. The M P zoning district is intooded to }rovide for the continued \:lse, expansion, and Rew development of ifl:oostrial park use types ifl. proximity to major transportation corridors, and to enS1:l:fe compatihility with adjaeent residential and commercial uses. 2. Use types permitted in the l\I P zoning distriet. Laboratory, Office Contractor's, Office Professiofl.all hiministrative, Ind1:lstrial Light, PrintiRg and Publishing, Research ana Deyelopment Laboratory, Storage ofPetrolel:llR Products for On Site Use, and Warehousing and Distribt.tion; similar ana related \:lses, temporary llses, and cORditiona! uses 3. Use types eondueted entirely within a huilding. ,^JI use types permittea in the M P zoning district shall be coaoocted entirely within a buila-ing y,ith the exception of Storage of Petrole\:lm Prooocts for On Site l.:se,. 4. Ceneral plan eonsisteney. The M P zoning district is consistent with the Business Park/Industrial, Industrial Park, aHd Ind1:lstriallCamp1:ls Office desigFlations of the General Plan. C. l\I 2 (Heavy Industrial Zoning Distriet). 1. Intent. The M 2 zoning district is intended to pro'liae for the eontin\:lea use, expansion, and new development of heavy industrial use types in proximity to major transportation corridors, and to ensure ccmpatibility with adjacent residefl.tial and commeroial1:lses. 2. Use types permitted in the M 2 zoning distri~t. Laboratory, Office Contractor's, Parking Lot/Garage Commercial,lnoostrial Heavy, Industrial Light, Research and Development Laboratory, Storage ofPetr-oleum Prodl:lcts for On Site Use, Tmcking Termiaal, and Warello\:l;ing and Distribution; similar and related uses, temporary \:lses, and conditional w;es-: 3. Ceneral plan eonsisteney. The M 2 zoning district is cOl'lsistent with the Business Park/Industrial: Ol:ltdoor Storage designation of the General Plan. 8.28.030 M-1 (Light Industrial) Zoning District General Hegulations. A. Open Storage/Parking Regulations. 1. Enclosure. Open areas used for storage, or for parking and/or 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 28-3 Month Year 8.28.030 l~mUSTRIAL ZONING DISTRICT Chapter 8.28 2. Stacking. Material shall be located behind a solid fence or wall which is a minimum of 6 feet in height and shallllot be stacked so that they are taller than 6 feet above grade at any point Material shall not be staeked so that it is over €i feet high. 3. Grading and Drainage. All open storage c:md parking areas shall be paved with all-weather paving and adequately graded and drained. 4 . La:n.dscapifl.g. f. landscape b\:lffer lO f-eet '.vide jball be provided along all r-eadways 'Nhich shall be ade<:J.uately '.'latered and maintained. This buffer shall be consistent 'lIith all sereening requirements ofSeetion 8.72.030.B, Sereening Requiremems. B. General Plan Consistency. The M-1 Zoning District is consistent with the Business Park/Industrial, Industri:ll P:lrk, Busine:;s Park/Industrial and Outdoor Storage and Retail/Office and Automotive designations of the General Plan. Ind\:lstrial Performance Sta:n.dards, M P Zening District. fJI industrial land 1:lses shall conform to the following standards. .A.ny 'fiolatioB efthese standar-ds is a vielation of the Zoning Ordinanoe: ,A.. Noise or vibration. No noise or 'fibration, other than nllated to transportation activities and temporary construction work, shall be discernible with]ut instrnments at any point on a lot line of the building site,. B. Radioactivity. No activity, inel1:ldiBg storage or dHmpillg, sball result in the em.ission of radioactivity in dangero\:ls amounts. c. Electrical dist1:l:fbance. No activity shall ca1:lse electrical distl:lrbance adversely affecting the operatiofl. of any equipment other than that ef the creator of such disturbance. D. Inflammable or explosive materials. No inflammable or explesive materials shall be produced, used, stored, or handled ooless previded at all points with adeq\:late safety devioes and pr-ocedures against hazards of explosion and all equipment and devices for fire prevention and fire fighting approved by the LAJameda County Fire Department. E. l.ir poll\:ltion. No air pollmion or smoke shall be produced which is in violation of the req\:lirements oftbe Bay Area f.ir Pollution Quality Mnnagement District. F. Glare or heat. No direct or sky reflected glare or heat :;hall be produced which is discernible 'lIithout instmments at any point on a lot line ofthe building site. G. Odorous Gasses. No emission of a:n.y odoro\:ls gasses or matter shall occur in quantities \vhich are discernible without instmments at any point on a lot line of the b\:lilding site. H. Dust, dirt or particl:tlate matter. No discharge into the air of any d\:lst, dirt or particulate matter shall OCC\:lr from any activity or from any produots stored on the building site which is discernible without instruments at any point on a lot line of the building site. 28-4 Month Year City of Dublin Zoning Ordinance INDUSTRIAL ZONING DISTRICT Chapter 8.28 8.28.040 8.28.050 8.28.060 I. Liquid eontamin.ants. Ne discharge into 8:fI.y public sewer, private sewage disposal system appreved by the County Department of Eflvirofl:ffiental Health, stream, or into tbe ground of 8:fI.-y liquid contamin8:fl.ts or materials of s\:lch f1.a:t1:l:fe or temperature which contaminates any water Sllpply, interf-eres with baeterial processes and sewage treatment, or in any way causes the emission of dangerolis or offoosive material, shalleeeur. Indllstrial Performance Stan.dards, M 1 Zon.ing District. LAJI inoostrialland uses in tbe M 1 zon.ing district shall cOfl.form to the in.dustrial performance stan.dards in Section. 8.28.030 except that Subparagraph ,A. (Noise or ViBration) is modified for the pl:lfPoses ofthe M 1 zoning district to prohibit any noise or viBratiofl., other than related to tr8:fl.sportation activities and temporary oonstmctiofl. 'Node, which is discernible without instmments at lot line separating the premises fr-em an abl:ltting Residentj al zomng district. Industrial Performance Standards, M 2 Zoning District. 1\11 inoostrialland uses ifl. tbe M 2 zoning district shall cORform to tbe ind\:lstrial performanee stanGards in. Section 8.28.030 except that s\:lbparagraphs A (Noise or 'fibration), F (Glare er Heat), and G (Odorous Gasses) are modified for the purposes oftbe M 2 zoning district to prohibit any n.oise or yibration, other than related to tr8:fl.sportation activities and/or temporary constmetion work, direct or sky reflected glare or heat, or emission of any odorol:ls gasses or matter in quantities 'l:hich are discernible ....:ithout instruments at a lot line separatifl.g the premises from an abl:ltting Residential zOfl.ing district. Permitted and Condition.ally Permitted Land Uses, and Reg\:llations. A .LJl... Permitted and Conditionally Permitted Land Uses. For permitted and conditionally permitted land uses, please see the Land Use Matrix in Sectiofl. 8.12.0S0. B. f.ccessory Struct1:l:fes 8:fI.d Uses Regulations. For accessory struct\:lres and uses regulations, please see Chapter 8.40. C. Development ,A..greement Regulatiofl.s. For de'/elopmeFlt agreement regulations, please see Chapter 8.S6. D. Development Regulatiofl.s. For de'/elopment regulations, please see Chapter 8.36. E. Hazardous '\Vaste Facilities Location. Regulations. For hazardo\:ls waste facilities location reg\:llations, please see Chapter 8.60. F. Landscaping and Feneing Regulatiofl:s. For landscaping and fencing regulations, please see Chapter 8.72. G. Off Street Parking and Loadin.g Regulations. For off [treet parking and loading regulations, please see Cbapter 8.76. H. SigH Regulations. For sign regulations, please see ChLpter 8.84. 28-5 Month Year City of Dublin Zoning Ordinance INDUSTRIAL ZONING DISTRICT Chapter 8.28 8.28.070 I. Water Efficioot Landscaping RClgalations. For water efficient landscape regalations, please see Chapter 8.88. J. '.\Tireless Communications Facilities Regalations. Fer wireless cOmIRtHlications facilities regulatiofl.s, please see Chapter 8.92. K. Emergency Shelters. For requirements for Emergency Shelters, please see Sectiofl. 8.28.070 of this Chapter. Re';. Or-d. 25 04 (Ocwbcr 2G()4j Requirements for Emergooey Shelter Projects Re':. Ord. 25 01 (Ocwbcr 2004) ^ .1...... Emergency Shelter Permitted v/ith C01'1ditional Use Pe::mit. ,^.n Emergency Shelter is a conditio1'1ally permitted land \:lse ifl. all commercial districts and similar commercial Planned DeYCllopment Districts. An Emergeney Shelter may be aecessory to a p1:1blic or civic type1:lse. The Plar.ni1'1g Commission shall be the decision making body for iss\:lance of a conditional use permit (please see Land Use Matrix i1'1 Section 8.12.050). B. Emergency Shelter De-velepment and Performance Statldards. j\1'1 Emergency Shelter may be conditionally permitted if the facility meets the req\Jirements of Chapter 8.100 and meets the following deYelopment and performance standards: 1. The emergency shelter has high accessibility to facility residents and low profile/visibility to others. 2. The hours of operation for the emergency shelter will not result in negative iffil3acts on other 1:lses. 3. The generation of externallighti1'1g and noise is kept to a mi1'1im\:ll11 for the location. 4. The emergenc y shelter is located with aceess to transportation, sl:lpporti'/e services, and commercial services to meet daily needs of residents. 5. The emergency shelter is designed to provide ajequate security measures to protect facility residents and the s1:lIToundifl.g neighborhood-: 6. The emergency shelter design and location reflects the needs ofthe elients being served. 7. The emergenoy shelter provides transportation ofindividl:lals to and fr{)m proposed facilities 8. The emergency shelter is in compliance with COl:lllty and State health and safety requirements for f-ood, medical and other sappcrtive services provided on site. 28-6 Month Year City of Dublin Zoning Ordinance INDUSTRIAL ZONING DISTRICT Chapter 8.28 9. The emergency shelter faeility is in and maintains in good standing Col:lnty and/or State liceases, ifreqwred by these agencies for the ewner(s), operator(s), and/or staff on the proposed facility. 10. The emergency shelter is de',eloped ifl. accordance '.vith the Developmefl:t Reg1:1lations in Chapter 8.36 for the Zoning District and all applicable regulatiofl.s and standards of the City ef DubliFl Zoning Ordinance. City of Dublin Zoning Ordinance 28-7 Month Year SCARLETT COURT OVERLAY ZONING DISTRICT Chapter 8.34 SCARLETT COURT OVERLAY ZONING DISTRICT CHAPTER 8.34 8.34.010 8.34.020 8.34.020 8.34.030 Purpose. The purpose of this Chapter is to estclblish 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: Intent. The intont of this ch:Jpter is to: A. Enhance the aesthetics of the Scarlett Court Arecl. B. Guide the design of future development and improvements to reinforce the Scarlett Court Design Guidelines. C. Improve the public realm to create a positive pedestrian experience, enhance the area's image, and create a unique sense of place. Applicability. The Scarlett Court Overlay Zoning District is a designation in addition to the M-1 (Light Industrial) or C-2 (General Commercial) Zoning District that each property in the area retains. The standard Zoning District contains all information regarding permitted and conditionally permitted uses, development standards, and regulations, while the Scarl'3tt 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. Projects Subject to Compliance with this Chapter: A. New Construction. Any new construction or additions to an existing structure within tho SC:Jrlet Court Overl3Y Zoning District t1at alter the exterior appearance of the building. Internal tenant improvements are not subject to compliance with this Chapter. B. Exterior Modification of an Existing Structure. Any exterior modification of an existing structure, including but not limited to, colors, building materials, roofing materials, facade renovation, new :Jnd/or, replacement or additional windows and doors (with frames), roof or ground-mounted mechanical equipment and exterior appurtenances. C. Modification to Site Layout. Any modification to site layout or site improvements, in the SC:Jrlet Court Overby Zoning District including but not limited to, parking, walls, aM fencinn, circulation, kmdsc:Jping accessory structures, or trash enclosures. D. Landscape Modifications. Any modifications tl) landscaping. E. Signage. Installation of new signage or replacement of sign copy iR--tAe SC:Jrlet Court Overl:JY Zoning District. 34-1 Month Year City of Dublin Zoning Ordinance SCARLETT COURT OVERLAY ZONING DISTRICT Chapter 8.34 8.34.040 8.34.050 8.34.060 8.34.070 8.34.080 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 Director. Notice Of Decision. A Notice of Decision shall be given consistent with Chapter 8.132, Notice and Hearings. No public hearin~1 is required for a Scarlot Court 0'Jor13Y Zoning District Site Development Review unless the application is being considered concurrently with another permit which requires a public hearing pursu3nt to Ch3pter 8.132. Concurrent Consideration. When a Scarlot Court Ovorby Zoning District Site Development Review is required for a project thelt is also subject to a Conditional Use Permit and/or Variance, it shall be approved, conditionally approved, or denied by the same decision-maker or body for those actions. Required Findings. The following findings shall all be made in order to approve an application for a Scarlot Court Overby Zoning DiEtAGt Site Development Review in the Scarlett Court Overlay Zoning District: A. Approval of the application is consistent with the purpose 3nd intent of this Chapter. B. Any approval complies with the policies of the General Plan, '/lith any applic3blo Spocific Plans, with the development regulations ef and performance standards established for the st3nd3rd underlying Zoning District in which it is located, and with all other requirements of the Zoning OrdinanGe. C. The approval will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and general welfare. D. The design of the project will provide a desirable '9nvironment for the development and an attractive environment for the public. E. The project is in substantial compliance with all applicable chapters of the Scarlett Court Design Guidelines. Action. The decision maker for a Scarlet Court Ovorl3Y Zoning District Site Development Review applications shall be the Director of Community Development Director (or his/her designee), except as provided in Section 8.34.070 8.34.060, Concurrent Consideration, of this Chapter. The Director of Community Development Director may, based on evidence in the public record, and on the findings above, make an admi 1istrative decision to approve, 34-2 Month Year City of Dublin Zoning Ordinance SCARLETT COURT OVERLAY ZONING DISTRICT Chapter 8.34 8.34.090 8.34.100 8.34.110 conditionally approve, or deny a Sc~ulet COL rt Overby Zoning District Site Development Review application. Amendment. The process for amending a SGaJlet Court Ovorlay Zoning District Site Development Review approval shall be the same as the process for approving a Scarlet Court Overby Zoning Dil>tFiGt Site Development Review application. The decision-maker for the Sc::ulet Court Ovorlay Zoning District Site Development Review amendment shall be the same decision-maker that ultimately approved the SC3rlet Court Ovorby Zoning District Site Development Review including approval on appeal. The QH:ector of Community Development Director or his/her designee may grant a SGaflet Court Overby Zoning District Site Development Review Waiver for applications approved by another decision- maker or body upon the determination that the modification is a minor project and in accordance with 8.34.110, '.^/3iver, to 3n approved Scarlett Court Overlay Zoning District Site Development Review.. Waiver to an Approved Scarlet Court Overby Zoning District Site Development Review in the Scarlett Court Overlay Zoning District. The Community . Development Director or his/her designee may allow a minor change to an approved SC3rlet Court Overby Zoning District Site Development Review as a Waiver upon determining the following. It is not the intent of this Chapter that a series of Site Development Review Waivers b~ used to circumvent the need for full and complete Site Development Review. A. The proposed change is in substantial conformance with the approved SC3rlet Court Overlay Zoning District Site Development Review. B. The proposed change is minor in scope. C. The proposed change is Categorically 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 Scarlet Court Ovorlay Zoning District Site Development Review and is substantially consistent with the Scarlett Court Design Guidelin~s. It is not the intent of this Chapter th3t 3 serics of Site Development Review '.^!3ivers be used to circumvent the need f-or full :md complete Site Development Review. Waiver For a Project That Does Not Have an Approved 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 Site Development Review as a Waiver upon determining the following. It is not the intent of this Chapter that a series of City of Dublin Zoning Ordinance 34-3 Month Year SCARLETT COURT OVERLAY ZONING DISTRICT Chapter 8.34 Site Development Review Waivers be used tl) circumvent the need for full and complete Site Development Review. A. The proposed change is minor in scope. B. The proposed change is Categorically Exempt from or not otherwise subject to the California Environmental Quality Act. C. The proposed change is substantially consistent with the Scarlett Court Design Guidelines. 8.34.120 8.34.130 8.34.140 8.34.150 It is not the intent of this Chnpter thnt 3 serios of Site Development Review \'\'nivers be usod to circumvent the need for full nnd completo Site Doyelopment Review. Scarlett Court Design Guidelines. The Scarlett Court Design Guidelines adopted by the City Council on May 1,2007 by Resolution 54-07, and as may be amended thereafter, shall be used to guide the review of Scarlet Court Overlay Zoning District Site Development Review applications in the Scarlett Court Overlay Zoning District. Building Permits. Building Permits shall not be issued except in accordance with the terms and conditions of the Scarlet Court O':erby 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 Scarlett Court Overlay Zoning District that does not involve a change in design, material, or exterior appearance and when such maintenance or repair is conducted in accordance with Chapter 8.140, Non- conforming Structures and Uses. Procedures. The procedures set forth in ChaptElr 8.96, Permit Procedures, shall apply except as otherwise provided in this Chapter. 34-4 Month Year City of Dublin Zoning Ordinance HISTORIC OVERLAY ZONING DISTRICT SITE DEVELOPMENT REVIE'I'I Chapter ~ 8.36 CHAPTER S-:62 8.36 HISTORIC OVERLAY ZONING DISTRICT SITE DEVELOPMENT REVIE'N 8.36.010 8.62.020 8.36.020 8.36.030 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 Specific Plan and to: Intent. The intent of this chapter is to: A. Preserve and enhance the remaining historic resources within the Dublin Village Historic Area. B. Guide the design of future development to reinforce the unique historic qualities and design elements that once defined Dublin VillageT-aRG. c. 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. Applicability. The Historic Overlay Zoning DistriGt 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 UBes, development standards, and regulations, while the Historic Overlay provdes a mechanism to review development on any of the properties in the District for substantial compliance with the Dublin Village Historic Area Specific Plan. Projects Subject to Compliance with this Chapter: A. New Construction. Any new construction or additions to an existing structure that within the Historic Overlay Zoning District alter the exterior appearance of the building. Internal tenant improvements are not subject to compliance with this Chapter. B. Exterior Modification of an Existing Structure. Any exterior modification of an existing structure located in the Historic Overlay Zoning District, including but not limited to colors, building materials, roofing materials, facade renovation, new, replacement or additional windows and doors (with frames), roof or ground- mounted mechanical equipment and exterior appurtenances. C. Modification to Site Layout. Any modification to site layout or site improvements, including but not limited to, parking, walls, fencing, circulation, accessory structures, or trash enclosures. D. Landscape Modifications. Any modifications to the landscaping. 36-1 Month Year City of Dublin Zoning Ordinance HISTORIC OVERLAY ZONING DISTRICT SITE DEVELOPMENT REVIEV'I Chapter ~ 8.36 8.36.040 8.36.050 8.36.060 8.36.070 8.36.080 E. Signage. Installation of new signage or replacement of sign copy in the Historic Overlay Zoning District. 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 T required by the Director of Community Development Director. Notice Of Decision. A Notice of Decision shall be given consistent with Chapter 8.132, Notice and Hearings. No public hearing is required for a Site Development Review unless the application is being consiclered concurrently with another permit requiring a public hearing. Concurrent Consideration. When Site Development Review is required for a project that is also subject to a Conditional Use Permit and/or Variance, it shall be approved, conditionally approved, or denied by the same decision-maker or body for those actions. Required Findings. The following findings shall a I be made in order to approve an application for a Site Development Review in the 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 Pl3ns, with the development regulations 9f and performance standards established for the underlying 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 health or safety of persons residing or working in the vicinity, or be detrimental to the public 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 all applicable chapters of the Dublin Village Historic Area Specific Plan. Action. The decision maker for the Site Development Review applications shall be the Director of Community Development Director (or his/her designee), except as provided in Section 8.62.0708.36.060, Concurrent Consideration. The Director of Community Development Director may, based on evidence in the public record, and on the findings above, make an administrative decision to approve, 36-2 Month Year City of Dublin Zoning Ordinance HISTORIC OVERLAY ZONING DISTRICT SITE DEVELOPMENT REVIEW Chapter ~ 8.36 8.36.090 8.36.100 8.36.110 conditionally approve, or deny a Historic Overlay Zoning District Site Development Review application. Amendment. The process for amending a J=l.istoric Overlay Zoning District Site Development Review approval shall be the sarno as the process for approving a Historic Overlay Zoning District Site Development Review application. The decision maker for the Historic Overby Zoning District Site Development Review amendment shall be the same decision makm that ultimately approved the Historic Overlay Zoning District Site Development Review including approval on appeal. The Community Development Director Dr his/her designee may grant a Historic Overby Zoning District Site Development Review Waiver for applications approved by another decision maker or body upon the determination that the modification is a minor project and in accordance with Sections 8.36.100 and 8.36.110 Waiver to ::m approved Historic Overlay Zoning District Site Development Reviev.'. . Waiver to an Approved Historic Overlay Zoning District Site Development Review in the Historic Overlay Zoning District. The Community Development Director or his/her designee may allow a minor change to an approved Site Development Review as a Waiver upon determining the following. It is not the intent of this Chapter that a series of Site Development Review Waivers be used to circumvent the need for full and complete Site Development Review. A. The proposed change is in substantial conformance with the approved Historic Overlay Zoning District Site Development Review. B. The proposed 4- change is minor in scope. C. The proposed change is Categorically 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 approved Historic Overlay Zoning District Sitl;} Development Review and is substantially consistent with the Dublin Village Historic Area Specific Plan. It is not the intent of this Ch:3pter th:3t a series cf Historic Overlay Zoning District Site Development Review W:3ivers be used to circumvent the need for full and complete Historic Overl::lY Zoning District Site Development Review. 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 Site Development Review as a Waiver upon determining the following. It is not the intent of this Chapter that a series of Site Development Review Waivers be used to circumvent the need for full and complete SitE' Development Review. 36-3 Month Year City of Dublin Zoning Ordinance HISTORIC OVERLAY ZONING DISTRICT SITE DEVELOPMENT REVIEVV Chapter ~ 8.36 A. The proposed change is minor in scope. 8.36.120 8.36.130 8.36.140 8.36.150 B. The proposed change is Categorically Exempt from or not otherwise subject to the California Environmental Quality Act. C. The proposed change is substantially consistent with the Dublin Village Historic Area Specific Plan. It is not the intent of this Chapter th:lt :3 sories (If Historic Overby Zoning District Site Devolopment Review VVnivers be used to circumvent the need for full and complete Historic Overlay Zoning District Sito De'telopmont Review. Dublin Village Historic Area Specific Plan. The Dublin Village Historic Area Specific Plan, which includes design guidelines, adopted by the City Council on August 1, 2006 by Resolution 149-06, and as may be amended thereafter, shall be used to guide the review of Historic Overby Zoning District Site Development Review applications in the Historic Overlay Zoning District. 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 and when such maintenance or repair is conducted in accordance with Chapter 8.140, Non- conforming Uses and Structures. Procedures. The procedures set forth in ChaptBr 8.96, Permit Procedures, shall apply except as otherwise provided in this Chaptm. 36-4 Month Year City of Dublin Zoning Ordinance DEVELOPMENT REGULATIONS Chapter ~8.40 Chapter 8.40 Development Regulations 8.40.010 Purpose. The purpose of this Chapter is to secu,'e 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 Gene ral Plan set forth Development Regalations relating to lot area, lot square footage per residence, lot wiElth, lot frontage, lot depth, residential 1:lse, setbacks, distance between residences, lot coverage, lot lines, yards and height limits as shown in the accompanying charts and text. Intent. The intent ofthls Chapter is to seC1:l:fe the f1.eceesary provisiofl. for light, air, privacy, and saf-ety from fire hazanls, and to enS1:l:fe that development within the City of Dublin provides a high q1:1ality living aHd working en'/ironmertt consistent with the policies of the City General Plan. 8.36.020 },l.gric\:llt1:l:fal and Residential Development Regulatiom. It is required that every b\:lildifl.g shall be built l:lpon a site which conforms to the General Plan, applicable Specific Plans, and the f-ollowing developmoot regulations: ^ .I.. 1. De'/elopment Reg\:llations arc minimmns unless stated as max im\:lms. All areas are given in net sqHare feet. ST.^.ND,^.RD A R-+ Frl R-M LOT f.RBf. Interior lot 100 acres 4,OOG 8,()00 ~ ~ ~ sq,4 Comer lot 100 acres ~ 9,00() 6;00() ~ ~ ~ LOT SQU.^.RB NA 1,000 sq. ft. and larger 4,OOC}-s<l- ft. and larger 750 sq. ft. and larger as FOOT AGB PER as consisteRt with as-eeBSisteRt with consistent with General 00 General Plan Genem~ Plan LOT WIDTH & FRDNTAGE Interier let 300 feet W-feet 8<Ueet W-feet Comer let 300 feet @..feet 9Q-feet @..feet LOT DEPTH NA I 00 feet -I-OOfee~ 100 feet RBSIDENTL^.L -l-d&.- +-ffi:t ~ 1 e:lti per full 750 sq. ft. USE (maxiffil:lIH 1 Second Unit 1 Secend Unit (aadlarger as ceflSistent .. ",. ''',. SETB.\CKS --FfeBt W-feet 20 ft. a'lg. W4--a>/g. 1 & ft. W4 18 ft miniffiHm to miBimrm f1\ --Side ;w..feet ~ N.feet ' ^ r~ _, ,..., Street Side W-feet N.feet N.feet N.feet ~ W-feet W-feet W-feet ;w..feet (1) (2) (3) Living spaces may encroaeh to 15 ft. Hom Frent Lot Line with Site Development Review on lets lip to 6,000 sElllare f-eet in size. Side Yard seteaelm in the R 1 zeRing district shall be a minimwn of 5 feet pillS ORe foot for each full 10 feet by which lot width exceeds miniffiHm let width up te a maximum ef 10 feet. Bllile:liBgS with 1 or more residences in the R M zoning district shall have n 15 foot Side Yard on ene side. City of Dublin Zoning Ordinance 40-1 Month 2008 DEVELOPMENT REGULATIONS Chapter ~8.40 ST;\ND.^.RD A R-+ ~ &oM DIST.^..NCE BETWEm-r -lOO-feet W-feet ~, ~ RESIDm-rCES M.^.xIMUM LOT COVERAGE NA 40~{' 1 stary, 35% 4()%..l stary, 35% 2 40~{' 1 stary, 35~{' 2 2 staries stefies stefies COMMON USE;\BLE NA NA NA 30 % ofRet site OUTDOOR gp f.CE area HEIGHT LIMITS fB fB fB ill (1) West of Daugfterty Raad 25 feet and 2 stories; may he inereased ta 35 feet aRd 2 stones pHFsuam ta a Site DeyelaplBem Re'/iew approval hy the PlanniBg COmmiSSiOR. East afDollgherty Road; 35 feet aRd 2 stories. (2) 35 feet if 4 ar fewer du.; 45 feet if 5 ar mere du.; 75 feet if 5 ar mere duo aad lat eaverage does Rot e~(eeed 35~{" 8.36.030 Cemmercial and Ind\:lstrial Development RegHlations. It is req\:lired that every b\:lilding shall be b\:lilt l:lpon a site which conforms to the General Plan., applicable Specifio Plans, and the following reg1:11ations: A. Development Regulations are minimums unless stated as maximmns. .:\11 areas are given in net sq\:lare feet. ST.\ND.^.RD G-Q G-N G--l- G4 M-P M-l- M4 LOT .^.REf. Imenor lot M,QOO ~)() ~ 6,()00 W;QOO ~ 4(),QOO ~ ~ ~ ~ >Er.4 s&:-ft.: s&:-ft.: Comer lat -l-l-,()OO 9;Q()() 6,()00 +,QOO W;QOO ~ 4(),QOO ~ ~ ~ ~ >Er.4 ~ ~ LOT WIDTH & FRDNT f.GE Imenor lot :m-feet W-fi:let ~ ~ 150 feet 100 feet 150 feet Comer lot &Q-feet 6Q-4i:let 6()..feet 6()..feet 150 feet 100 feet 150 feet LOT DEPTH 100 feet -lOO-feet 100 feet 100 feet IOllfeet 100 feet 109 feet SETB.^.CKS ---FFeflt ~ N4i:let o feet (1) o feet (1) ~ W-feet W-feet -Side W-feet o feet (2) o feet (2) ^ w-feet W-feet W-feet Street Side W-feet -W-fi:let o f-eet (3) ^ w-feet W-feet W-feet -ReaF W-feet ^ ,,- /.n o feet (4) ^~ EH .W-feet ~ W-feet HEIGHT LIMITS ~ ~i:let 45 feet (5) 45 feet (5) .~ #-feet #-feet (1) 0 feet e~teejlt, if almtting an R zoning distriet ar C 0 ar C N zoning distrie:, the same as the Pram Yard Setbaek af that zaBiBg distriet. (2) 0 feet exeept, if alnltting aR R zoning distriet, the same as the Side Yard Slltbaeks of that distriet. (3) 0 feet exeept, if the Street Side Yard of a eomer let iR a C 1 or C 2 ZORmg distriet abuts a Key Lat in any R, C 0 or C N zoning distriet, Rat less than 1'2 ofilie Pram Yard setbaek required fer the Key Lot. ( 4) 0 feet exeept, 15 feet if a C 1 ar C 2 zaRing distriet baeks 1iJl aft aR R zoning distriet. (5) 45 feet eJlCept, 35 feet if pnReipal ::tmemre Hi a C 1 or C 2 zaRing distriet is within 50 feet af aR R zaRing distriet. 8.40.020 Setbacks. Required setbacks describe areas on lots where no buildings, structures or additions to them may be located, and which thereby become yard areas. Setbacks may be required between Buildings, structures and property lines; between structures and road easements; bet\veen buildings and or structures; between buildings. structures and natural features such as watercourses; or botween other features of site development. These regulations City of Dublin Zoning Ordinance 40-2 Month 2008 DEVELOPMENT REGULATIONS Chapter ~8.40 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 are es.tablished as follows and in each zoning district. Where there is a conflict, the means listed first in the following table shall govern: 1. Future Right-Of-Way Line Established by the City. 2. Public Utilities Easement. 3. Development Agreements. 4. Chapter 8.40, Development Regulations. 5. Other provisions of this title Zoning Ordinance or provIsions of the Planned Development in which the property is located. B. Location and Measurement of Setbacks. The setbacks require6 by this Chapter shall be located on lots as shovm in Figure 36 1 and as folloWlr.- Required setbacks shall be located in accordance with the definitions for :front. rear. side and street side setbacks contained in Chapter 8.160, Definitiollls, of this Zoning Ordinance. 1. Setbaek: The required distance that a b\:lildifl.g, structure or other aesign.ated item ffi\:lst be looated from a lot line. The classifications of setbacks ~ a. FroBt: The Front Setback is an area encompassing the Pront Yard as defined il'l this Title. The Front Setback is meas1:l:fed at right aHgles to the Frent Lot Line. b. Rear: The Rear Setback is an area encompassing the Rear Yard as defined in this Title. The Reur Setback is measured at right an gles to the Rear Lot Line. e. Side: The Side Setbaek is an area encompassing the Side Yar-a as defined in tbis Title. The Side Setback is meas1:l:fed at right angles to the Side Lot Line. d. Street Side: The Street Side SetBack is an arec encompassing tbe Street Side Yard as defined in this Title. The Street Side Setbaok is measmed at right angles to the Street Side Lot--l::,ffie,. City of Dublin Zoning Ordinance 40-3 Month 2008 DEVELOPMENT REGULATIONS Chapter ~.40 Figure 36 1 '"".. ~ RESIDENTIAL ro. CORNER LOT .; KEY LOT .;' ..,. j.'" '~" .", ~ ...!I .. ... ... ... I!: Vl THROUGH LOT ::. ... z w ~ < w Vl Vl w. u u <. INTERIOR LOT ~~~~~~.;:.~~. .. RESIDENTIAL ":." CORNER LOT.~ STREET ,-/ r "''''''' ow,,, me,,,,/,,,,,, 1::':':';';':':':';/ SIDE SETBACK/yARD ~ REI\R SETBACK/YARD Bl8!llllI STHEET SIDE SETBACK/YARD City of Dublin Zoning Ordinance 40-4 Month 2008 DEVELOPMENT REGULATIONS Chapter ~8.40 8.40.030 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 by Section 8.36.020, Agricultl:lral and Residential De';elopment Regulations, and Section 8.36.030, Commer-eial and Indl:lstrial Development Regulations, and any other setback requirements of this Title. A. Front Setback Exceptions: 1. Future Right-Of-Way Lines. Future rigI1t-of-way lines may hereby be established by the City to determine special 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 IinH instead of the 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 Less. Where an existing sloping lot contains 40,000 square feet or less in net area and setback requirements are not specified on a recorded subdivision map, the required front setback may be determined as set forth in this subsection instead of as otherwise required by Chapter ~ 8.40, 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 creation of new lots that do not satisfy all applicable standards of this Zoning Ordinance. a. Reduced Setback for buildings Structures. Where the average slope of an existing lot is one vertical foot for every four horizontal feet (1 :4) or more in the first 60 feet of the lot measured perpendicularly between the edge of the pavement or traveled way and the proposed building princir;:lal structure, 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 an existing lot is one vertical foot for Elver five horizontal feet (1 :5) or more in the first 30 feet of the lot, Where the li':erage slope of the front 30 feet of the lot is one vertical foot fer evef)' five horizontal feet (1 :S) or mere as measured between the edge of pavement and the proposed structure, a private garage, carport, uncovered paved parking pad or deck with at least 2 parking spaces may be built to the property line at the street right-of-way, provided that it is located at least 8 feet City of Dublin Zoning Ordinance 40-5 Month 2008 DEVELOPMENT REGULATIONS Chapter ~.40 from the nearest side lot line of the front half of an adjacent lot, and also satisfies the requirements of suosection A.2.c., below. c. Restrictions on Structures at Reduced Setback. Any building or structure approved for constructi01 3t tho with a reduced front setback 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 area shall be permitted above any garage or other structure located within the front setback area, except as provided in this Section, unless specifically approved by the Zoning Administrator or the Planning Commission in response to a Conditional Uso Permit Site Development Review application and at a legally noticed public hearing. . B. Side and Rear Setback Exceptions: 1. Compensating Provision of a Rear Yard. Notwithstanding the yard requirements of this Zoning Ordinance, a rear yard may have a depth of a not loss than minimum of 10 feet if that portion of the tear yard that is covered by a structure is compensated fOI" 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 structure coverage of the rear yard (see Figure 40-1). Figure 40-1: Compensating Provis;ion of a Rear Yard City of Dublin Zoning Ordinance 40-6 Month 2008 DEVELOPMENT REGULATIONS Chapter 3:J&8.40 I- GO' -, 6' - 6' TYPICAL EXISITlNG O'WEWNG . 8 '110 toeeD ADDIl'D N ~X:xYj 10' MIN. ReaD o . <a!! ~ ~~ ~ ~a: 1". 20' 2. Compensating Provision of Side Yard. Notwithstanding the yard requirements of this Zoning Ordinance, a side yard may have a depth of a not loss th3rl minimum of 5 feet if that portion of the side yard that is covered by a structure is compensated fo" 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 structure coverage of the side yard. The comp4~nsating 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 Je-2 40-2 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 approval; and 2. Agreement/Deed Restriction. A common wall or party wall agreement, deed restriction or other enforceable restriction 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 City of Dub/in Zoning Ordinance 40-7 Month 2008 8.40.040 A. DEVELOPMENT REGULATIONS Chapter 3:J9-8.40 4. Common Wall Construction. Common wall construction is in compliance with the Uniform Building Code. Figure ~ 40-2: Common Wall Development ~I~ . ./ r " 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: 1. Side Setback Requirement Modified. The side setback requirement has been modified for the entire block through Planned Development or Conditional Use Permit approval; and 2. Subdivision Map/Deed 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 - Building Structure Features And Equipment Architectural Features. Three classes of projections into required setbacks are permitted: Landing, Uncovered Porch, Stairway. A landing place, eF uncovered porch, and stairway leading thereto which serves a dwelling unit entrance not greater than six (6) feet above the ground level, may project int<) a required yard a distanoo not gro3ter than maximum of three (3) feet. B. Building Structure Wall. 1\ building The wall of a structure which encroaches enoro3ching a maximum of two feet or loss into a required yard may be extended so as to continue the same building wall line; however, the existing dimension from the wall to the property line shall be maintained and shall not decrease but may not reduce the required yard to a dimension less than that previously provided. C. Architectural Features Building Roof, Wull Features, Building Equipment. Certain structure roof and wall features including, but not limited to, chimneys, bow 40-8 Month 2008 City of Dublin Zoning OrdinancE~ DEVELOPMENT REGULATIONS Chapter ~8.40 windows (which do not increase the floor area of the structure) bay windows with a maximum width of 8 feet, cornices, eavos, canopies, and similar architectural features (not including decks more than 30 inches above arade, porches, or other indoor or outdoor living arecls) may not extend closer than 3 feet to a side lot line and may extend into any required front or rear setback a maximum of 5 feet. Certain builEling roof and wall features and Building eql:lipment, including b\:lt not limited to chimneys, bay windows with a maxiBffiffi width of 8 feet, comiees, eaves, canopies, landings, stairways, alld similar architeetural feat1:l:fes (not including decks more than 30 inches above nat1:l:fal grade, porches, or other indoor or outdoor li',ing areas), and equipment such as solar colbctors, air conditioning equipment and swimming pool equipment. These classes efprojections may (l3(tefl.d into required setbacks as follows where consistent with tbe requirements ofSectiefl.s S01 and Section 1710 of the UHiform Bl:lilding Code: 1. FroDt aDd Rear Setbaeks. Such featl:lres and I)ql:lipment may extood into any req\:lired Front or Rear Setback a maxim1:lfl.'l of:; feet, previded that any eq\:lipment other than. window mounted air conditioners shall be screened from the yiew ofthe public read. 2. Side Setbaeks. a. S feet or less. Where Side Setbacks are 5 feet or less, cemiees, eayes, and canopies may extend into any required Side Setbaek a maximum of2 1/2 feet, proyided that no such feat1:l:fe shall be permitted within 3 feet of any Side Lot Line. b. More thaD S feet. "!here Side Setbacks are more than. S feet, such f-eatl:lres and equipment listed above in Section ~ .36.060.C may extend into any req\:lired Side Setback a maxim1:lfl.'l of 2 1/2 feet, pro'/ided that no s\:lch feat1:l:fe shall be permitted within 3 feet l)f any Side Lot Line. 3. EDelosure of equipmeDt required. For lots less than 5,000 square f-eet in size, mechanical equipmefl.t that generates noise (such as swimming pool, spa and air conditiofl.ing equipment) on the property shall be enclosed as necessary to red\:lce noise at the property line to a maximum of SO dR\ at any time. For lots 5,000 square feet in size or larger, mechanical equipment that generates noise (such as swimming pool, spa and air conditioning equipment) when located within a req\:lired setback as allo....'ed by this subseotion, and within 10 feet of an existing or potential residooce, or an existing paved patio area on adjoining property, sball be enclosed as necessary to redlce noise at the property line to a maxim1:lffi of SO dBf. at any time. Figure 40-3: Architectural Featum Projection City of Dublin Zoning Ordinance 40-9 Month 2008 DEVELOPMENT REGULATIONS Chapter ~8.40 8.40.050 8.40.060 Property Une Main Wall of House Mechanical Equipment. A. Setbacks Required. No mechanical equipmen1t (such 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 b~ located within 3 feet of a side or rear property line. B. 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 Hxisting 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 ti me. Interior Setbacks. Setbacks between structures on the same lot shall be as provided by this Section. 40-1 0 Month 2008 City of Dublin Zoning Ordinance DEVELOPMENT REGULATIONS Chapter 3:39-8.40 A. Residential Uses: 1. Separatiofl. bctweefl. buildings. Tbe mmmRHfl. separatiofl. between detached Gwellings or buildings containing multiple dwellings Ofl. the same site shall be as required by the Uniform Building Code or the conditions of appro',al ef a Conditional Use Permit, Site De',elopment I~eview, Variance, or Development Reg\ilations ora Planned Developmefl.t Deyelopment Plan appro',ed f-or the project. 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 Buildir~ Structures in R-M Zoning District. Multi-Family buildings structures 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 structures shall be in addition to the 20 foot setback. The 20 foot setback shall increase by 3 feet for every 10 feet that the height of the structure exceeds 35 feet. B. Agricultural, commercial or inoostrial \:lses. .^.s required by the Uniform Building Code. 8.36.080 Lot lines. Lot lines required by this Chapter shall be located 3S sholJm in Figuro 36 '1, and as follows;. ^ . ,. lot line. I\ny boundary of a lot. 'Nhero adjacent to a public right of 'Nay a lot line shall be the Stroet Right Of '.^I3Y Line shown on a rocorded subdivision map or, when established, 3 Future Right Of 'N3Y Line. 'Nhero adj3cent to 3 private right of way, a lot line sh311 be the boundary of the private right of 'Nay. The classifications of lot lines 3re: 1. Front. The line separating the p3rcel from the Stroet Right Of Way Line, Future Right Of '/'Jay Line, or boundary of the private right of way. On corner lots, the Front Lot Lino shall bo tho shortest lot lino abutting 3 stroot in rosidonti31 zoning districts and tho lon!~est lot line abutting a stroet in commercial/industrial zoning districts. If the lot lines on 3 corner lot are oqu31 in length, the Front Lot Line shall be determined by the Diroctor of Community Development. On a through let, the Front Lot Line shall be the lot line abutting tho stroet providing tho prim3ry 3ccess to tho lot. 2. Interior. I\ny lot line not abutting a street. 3. Rear. .^. lot line, not intersecting a Front Lot Line, which is most distant from the most closely parallel to the Front Lot Lino. In the case of an irr~gularly shaped lot or a lot bounded by only throo lot lines, a line \vithin the lot having a length of 10 feet, p3r31101 to and most distant from the Front Lot Line sh311 be intcrprotod 3S the Rem Lot Line for tho purpose of dotermining roquirod yards, setbacks, and other provisions of this Title. City of Dublin Zoning Ordinance 40-11 Month 2008 DEVELOPMENT REGULATIONS Chapter ~.40 4. Side. I\ny lot line '.vhich is not a Front Lot Line or a Rear Lot Line. 5. Street Side. .^, lot line intersecting a Front Lot Line, Rear Lot Line, or Side Lot Line, which is also either the Street Right Of Way Line, Futuro Right Of Way Line, or boundary of tho privato right of 'Nay. ....~-- .. -10.U, ~ w Z ::i .... o -' w o Vi FRONT LOT LINE w Z ::i .... g w o in REAR LOT LINE -....., '- FRONT LOT LINE REAR LOT LINE w Z :J .... 9 hj w w ~ ~ .... w w I!: (J) w z ::i .... g w o in FRONT LOT LINE Figure 36 4 Yards. Front yard, side yard, rear yard, and ;street side yard are defined in Chapter 8.160, Definitions, of this Zoning Ordinance. Yards required by this Chapter shall be located on lots as shown in Figure 36 1, and as follows: 8.40.070 Yard. An open space on a lot, other than a court, unobstructed and unoccupied from the ground upward, except as permit:ed by this Ordinance. The classifications of yards are: ^ , .... 1. Front. An area extending across the full width of the lot between the Front Lot Line and a structural setback line parallel thereto. The determination of Front Yards for corner lots shall be as described for Front Lot Line above. City of Dublin Zoning Ordinance 40-1 2 Month 2008 8.40.080 8.40.090 DEVELOPMENT REGULATIONS Chapter ~.40 2. Side. /\n area extending from the roquired Front Yard to the required Rear Yard and from tho Side Lot Line to a structural setback line parallel theroto. 3. Rear. An area extending across the full width of the lot between tho Rear Lot Line and a structural setback line parallel thereto. 4. Street Side. /\n area extending from the roquired Front Yard to the Roar Lot Line and from the Street Side Lot Line to a structural setback line parallel therete,. Maximum Lot Coverage. A. Applicability of Coverage Regulations. Maximum lot coveraae regulations are intended to establish the maximum lot area that may be covered with buildings aRG-structures, accessory structures, covered decks and other enclosed and covered areas; but not standard roof overhan!;Js, cornices, eaves, uncovered decks, swimming pools, paved areas such an walkways, driveways, patios, uncovered parking areas or roads. buildings and structures. B\:lildifl.gs and struct1:l:fes inc11:lde all land covered by principal b\:lildi ngs, garages and carports, accessory struct1:l:fes, (with the exception of one 120 square foot accessory stmctl:lre, which shall be exempt from the coverage regulations) covercd decks and gazebos, and other cnclosed and ooyered areas; bat not standard roof overhangs, cornices, eaves, lillcovered decks, swimming pools, paved areas sl:lch as walkways, drive'.vays, patios, lillco"ered parking areas or roads. B. Compl:ltation ef coverage. 1\11 areas ef coverage are computed in terms of f1.et lot area and at ground level. Exception to Lot Coverage. A maximum of 120 square feet, for attached or detached accessory structures, is exempt from lot coverage requirements as permitted by Chapter 8.46, Accessory Structures and Uses. Height Limits and Exceptions. A. Applicability of Height Limits. Height limits for buildings and structures are established by each zoning district and other provisions of this Zoning Ordinance including Chapter 8.40, Development Regulations; Chapter 8.72, Landscaping and Fencing Regulations for Fence Height limits; and Chapter 8.84, Sign Regulations, for sign height limits. Chapter 8.12, Zoning Distriets and Permitted Uscs of Land; other pro'/isions of this Title; Chapter 8.36, Development Regulations; Chapter 8.72, Landscaping and Fencing Regulations for fence height limits; and Chapter 8.84, Sign Regulations, for sign height linHts,. No building or structure shall be constructed or altered to exceed the height limits established by this +itIe 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 40-1 3 Month 2008 City of Dublin Zoning OrdinancE~ DEVELOPMENT REGULATIONS Chapter 8-:J&-8.40 highest and lowest points where the exterior wa Is touch the Grade, as shown in Figure 36 5 40-3. Figure Je-a 40-3: Measurement of Height 10' - Height Urril Highest point where elOterior walls much the na1Ural grade. Aierage 2' - 0'-- Lowest porn where elOterior walls much the natura grade. N<lural Grade C. Exceptions to Height Limits. The height limits for buildings ~md structures established by this Chapter are subject to the following exceptions: 1. Public and Quasi-Public Buildings ~md Structures. In a zoning district with a height limit of less than 75 feet, public and quasi-public structures, communications equipment buildings l;tructures, schools, churches, hospitals, and other institutions public and quasi-public structures 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 strul::ture exceeds the normal height limit established by the zone. 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 structure envelope is 15 percent or more, as follows: Site Slope Max. Allowed Height Increase 0-15 percent 5 feet 15.1-22.5 percent 10 feet W 22.6 percent 15 feet City of Dublin Zoning Ordinanca 40-1 4 Month 2008 DEVELOPMENT REGULATIONS Chapter ~8.40 8.40.100 or more The maximum allowed height for a dwelling on a site with slope between IS and 22.S percent may be increased over the five feet specified abo';e by the same proportiofl. that the actual site slope exceeds IS per-eent. The maxim1:lm allowed height for a dwellifl.g on a site with slope between. 22.S and 30 percent may be increased o';er the 10 feet specified abo'le by the same pr-oportion that the actual site slope exoeeds 22.5 pereont. 3. Exceptions for Specific Types of Structure~,: a. Ar-ehitect\:lral featl:lres, mechanical equipment. Chimneys and Vents. Chimneys, vents, and related architectural or mechanical appurtenances on buildings structures may be a maximum of 15 percent higher than the height limit of the applicable zone. b. Freestanding Structures. Towers, poles, water tanks, and similar structures may be constructed higher than the height limit of the applicable zoning district if the addit,onal height is authorized through 3 Condition31 Use Permit Site Development Review approval by the Zoning Administrator. c. Utility and Communications Facilities. Individual radio and television receiving antennas, satellite dishes, transmission and distribution poles and towers for public utilities are not subject to the height limits of this Chapter. See Chapter 8.92, Wireless Communication Facilities Regulations, regarding land use approvals for those facilities. Lot Widths/Frontages and Exceptions. A. Applicability of Lot Widths and Frontages. Lot widths and lot frontaQes are established by SeGtion 8.36.020/\ 3nd 8.36.030/\, Development Regulations 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. Me3surement of Lot VVidth. The lot 'Nidths established by Sections 8.36.020/\ and 8.36.030 ^ or other- provisionG of this Ordin3nce sh311 be the horizontal dist3nce between Side Lot Lines, measured 3t right 3ngle!; to the line along which lot depth is me3sured, at a point midway between the Fron.t and Re3r Lot Lines. C. I\pplicability of Lot Front3ges. Lot frontages are ost3blished by Sections 8.36.020/\ 3nd 8.36.030/\. No lot sh311 h3ve 3 frontage less than th3t establiGhed by this Ch3pter, except 3S otherwise provided by this section. D. Measurement of Lot Frontage. Lot front3ges are measured from Sido Lot Line to Side Lot Line along the Front Lot Line. The Lot Frontage of 3 Building Site shall 40-1 5 Month 2008 City of Dublin Zoning Ordinance DEVELOPMENT REGULATIONS Chapter ~8.40 be oqual to ono half of the Lot 'Nidth, or oqual to tho Frontago as required in Soction 8.36.020/\ and 030/\, 'J.'hichover i!> greateF.- B. Irregular, Cul-de-sac, and Flag Lot Widths. 1. Irregular Lots. The Community Development Director shall determine the minimum width of irregular lots. 2. Cul-de-sac lots. Cul-de-sac lot shall have a minimum lot frontage of 30 feet. 3. Flag Lots. FlaQ lots are discouraged except under unusual design constraints. The Driveway portion and lot frontage of an individual flag lot [;hall not be loss than 30 foot wide, and tho dri'/oway portion!> and Lot Frontago[; of adjacont flag lot[; [;hall not bE) loss than 20 foot wido 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. 8.40.110 Lot Depth and Exceptions. A. Applicability of Lot Depth. Lot depth is established by Section 8.36.020^ and 8.36.030/\ and this Soction each zoning district. No lot shall have a depth less than that established by this Chapter. except as otherwise proyided BY this seetiofl.. B. Meas1:l:fement of lot depth. The lot depth established by Sections 8.36.020.\ and 8.36.030.\ or other provisions of this Ordinance shall be the horizontal distance meas1:l:fed along a line generally parallel to the Side Lot Lines between the Front Lot Line and the Rear Lot Line or where Side Lot Lines intersect. If (lither Side Lot Line bas any aIlgt:1lar change of direction, Lot Depth shall be measmed along a straight line starting from the midpoint of the Front Lot Line so as to bisect the front half of the Lot, and e-xtooding to the Rear Lot Line. City of Dublin Zoning Ordinance 40-1 6 Month 2008 PERFORMANCE STANDARDS Chapter 8.44 PERFORMANCE STANDARDS CHAPTER 8.44 8.44.010 8.44.020 Purpose. The purpose of this Chapter is to establish performance standards for all uses and zoning districts in the City. Performance Standards. All uses shall conform to the following standards. Any violation of these standards is a violation of this Zoning Ordinance: A. Noise. The volume of sound measured outside during calm air conditions, generated by any use other than related tel transportation activities and temporary construction work shall not exceed the noise standards in Table 9.1 of the General Plan. B. Vibration. The ground vibration generated by any use other than related to transportation activities and temporary construction work shall not be perceptible without instruments on any lot IinEl of the property. C. Radioactivity. No activity, including storage or dumping, shall result in the emission of radioactivity in dangerous amounts. D. Electrical Disturbance. No activity shall cause electrical disturbance adversely affecting the operation of any eqLlipment other than that of the creator of such disturbance. E. Inflammable or Explosive Materials. No inflammable or explosive materials shall be produced, used, stored, or handled unless provided at all points with adequate safety devices and procedures against hazards of explosion and all equipment and devices for fire prevention and fire fighting approved by the Fire Department. F. Air Pollution. No air pollution or smoke shall be produced which is in violation of the requirements of the Bay Area Air Quality Management District. G. Glare or Heat. No direct or sky-reflected glclre or heat shall be produced which is detectable at any point on a Lot Line of the property. H. Dust, Dirt or Particulate Matter. No discharge into the air of any dust, dirt or particulate matter shall occur from any activity or from any products stored on the property. I. Liquid or Solid Wastes. No liquid contaminants or materials of such nature or temperature which contaminate any water supply, interfere with bacterial processes and sewage treatment, or in an~, way cause the emission of dangerous or offensive materials shall be discharged into any public sewer, private sewage disposal system approved by the County Department of Environmental Health, stream, or into the grolJlnd. 44-1 Month 2008 City of Dublin Zoning Ordinance PERFORMANCE STANDARDS Chapter 8.44 J. Odors. No emission of odorous gases or c>>ther odorous matter in such quantities as to be detectable at any Lot Line of the property is permitted. Any use or process which may involve the creation or emission of any odors shall provide a primary safeguard system for l:>dor control, and shall provide a secondary safeguard system so that control of odors will be maintained if the primary safeguard system should fail. K. Screening Unsightly Uses and Structures. Unsightly uses and structures shall be screened to the satisfaction of the Community Development Director, including but not limited to trash or equipment storage areas, loading docks/areas and rooftop equipment including HV AC equipment, meters, ground-mounted ventilating systems and exposed conduits or piping including fire sprinkler risers. L. Mobile/Manufactured Home. Standards for Mobile/Manufactured Homes in Agricultural and Residential Zoning Districts, including Mobile/Manufactured Homes which are used as a second unit or gUl~sthouse, are as follows: 1. Use. Mobile/Manufactured Homes shalll be permitted in Agricultural and Residential Zoning Districts as set forth in the Land Use Matrix in Section 8.12.050. 2. Development Standards. Mobile/Manuf;actured Homes in Agricultural and Residential Zoning Districts shall conform to all of the residential use development standards for the ;~oning district in which it is located. 3. Certification. The Mobile/Manufactured Home shall be certified under the National Manufactured Housin!;J Construction and Safety Standards Act of 1974 (42 U.AS.C. Section 5401 et seq.) and shall have been manufactured within ten years of the application for issuance of a permit for the location of the home. 4. Foundation. Mobile/Manufactured Homes shall be located on a permanent foundation system. 5. Exterior Material. The Mobile/Manufactured Home shall be covered with an exterior material commonly found on new conventionally built residential structures in the surroundin!;J area. 6. Roof Material. The Mobile/ManufacturEld Home shall be roofed with materials commonly found on conventionally built residential structures in the surrounding area. 7. Roof Overhang. The Mobile/Manufactur,ed Home shall have a minimum roof overhang of sixteen (16) inches. City of Dublin Zoning Ordinance 44-2 Month 2008 ACCESSORY STRUCTURES AND USES REGULATIONS Chapter ~.46 CHAPTER 8.46 8.46.010 8.46.020 ACCESSORY REGUL!\TIONS STRUCTURES AND USES Purpose. The purpose of these provisions is to establish the regulations that apply to accessory structures, aM to specify the uses that are permitted as accessory to the principal use in the zonin9 districts, and to ensure the compatibility of accessory structures and uses with permitted structures and uses. Intent. The intent of these provisions is to ensure the compatibility of accessory structures ~md uses with permitted structures ::md uses. Accessory Structures. A. Accessory Structures included with perm~ment uses. In 3ddition to the principal structures 3ssociatod with permitted Use Typos, each Use Type shall be deemed to include such accessory structures which arEl specifrc311y identified by these Accessory Structures 3nd Uses Regulations, 3nd to include such other 3ccessol)' structures which are necess3rily and custom.3rily 3ssociated with, 3nd 3re 3ppropri3te, incident31, and subordin3te to, such princip31 structures. It shall be the responsibility of the Director of Community Development to determine if 3 proposed 3ccessory structure is necess3rily 3nd custom3rily associ3ted '....ith, 3nd is 3ppropri3te, incident:Jl, 3nd subordin3te to the princip31 structure, b3sed on the Director of Community Development's e'l3luation of 'Nhether the proposed 3ccessory structure is necess3rily or customarily ;3ssociated ':lith the Use Type for ':lhich the development was constructed. Determin3tions by the Director of Community Development Sh311 be subject to appe31 pursu3nt to Ch3pter 8.136, I\ppeals, 3nd 3 record of 311 such determinations Sh311 be m3intained by the Director of Community Development. In addition to the principal structure of a parcel, a parcel may also include accessory structure(s) 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 are appropriate, incidental, and subordinate to the principal structure. Determinations by the Community Development Director shall be subject to appeal pursuant to Chaptelr 8.136, Appeals, and a record of all such determinations shall be maintained by the Community Development Director. B. Principal Structure 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. City of Dublin Zoning Ordinance 46-1 Month 2008 ACCESSORY STRUCTURES AND USES REGULATIONS Chapter ~8.46 B. Accessory Structures Subject to Regulations. Aocessory structuros shall be regul:::1tod in the same manner as the principal structures within eaoh zoning district, except as othontlise expressly provided in those regulatieA& C. General Requirements 1. Attached Structures. If an accessory structuro is attached to a prinoipal structure, it shall be made structurally a part of the principal structure and shall comply with all the requirements of this Title to tho principal structure. 2. 8reezeways..^. breezeway or other extension of the principal structure or accessory structure roof may oonnect the accossory structure to tho principal structure, but it shall not be considered part of tho prinoipal structure. The breezeway and accessory building must meet principal building setbacks. 3. Height. Detached accessory structures, unloss specified otherwise in this Chapter, shall have a maximum height of 15 foet. Detached accessory structures in the /\griculture zoning district shall have a maximum height of 15 feet except for barns which may be 2 stories high if the upper story is designated only for storage of hay and agricultural supplies. 4. Inhabitable space. Accessory structures, with the exception of Guesthouses and Second Units shall not be constructed so as to provide year round inhabitable space. Rev. Ord. 1602 (November 2002) 5. location of )\,.ccessory Structure. Accessory structures shall be located on the sarno lot as principa~ 6. Maximum enclosure of gazebo or patio coyer. ^ gazebo, patio covor, or other similar enclosure constructed of lattice, or equivalent material through which air and light can pass, shall be constructed so that 80% of each side, which is not attached to a principal structure, is open and not inhabitable on a year round basis. 7. Public Works Setbacks. No accessol)' structure shall be located between the Street right of "Nay line and a Future Right of VVay-biRe-:- 8. Separation of detached accessory structure from other structures on the same lot. The distance of a detached accessory structure from any other structure on the same lot shall be as determined by the Uniform Building Code." Rev. Ord. 16 02 (November 2002) 9. One Side Yard shall not be obstructed to less than 36 inches. NovNithstanding that certain accessory structures may be located in a Side Yard, such accessory structures shall be located so that at least one Side Yard, which City of Dublin Zoning Ordinance 46-2 Month 2008 ACCESSORY STRUCTUFtES AND USES REGULATIONS Chapter 3AG-8.46 shall bo gated, shall provide at least 0 36 inch width of direct and unobstructed passago to tho Rear Yard. 10. Timing of Construction. Accessory structures, temporary structures, and swimming pools shall be constructed or otherwise establishod at tho same time as, or aftor, the principal structure or use. D. Requirements for Specific Accessory Structures tha1t Apply City wide. 1. Antennae. I\ntennae are subject to the previGions of Chapter 8.92, Wireless Communications Facility Regulations. 2. Flag poles. Maximum height of 35 feet with a minimum 5 foot setback from any property line. /\dditional height may be authorized threugh Conditional Use Permit approval by the Zoning Administrator. E. Agricultural ^ccessory Structures permitted by means of Site Development Revie~N. 1\11 agricultural accessory structures, including, but not limited to, stablo, barns, pens, corrals, greenhouses, or coops are permitted by means of 0 Site Development Review in tho Agricultural zoning district. F. Permitted Residential Accessory Structures. 1. General requirements. a. EncloseE.l Accessory Structures in Multi Family districts. No enclosed accessory structure shall be erected in a Multi Family zoning district unless pursuant to a Site Development Review. b. In Front of a Residence. No accessory Etructure, with the exception of on entry feature, shall be located in the Front Yard, the area bet\veen the Front Yard and the residence, or within the portion of a Side Yard or a Street Side Y3rd that projects in front of the residence. &. Key lots. On a corner lot in an R 1 or R ~~ zoning district adj3cent to a Key Lot no 3CCeE:Sory structure shall be closer to the Street Side Lot Line th3n 1 0 foet. d. Maximum square footage of det:lChed accessory structures (excluding swimming pools) on a lot. For lots less th~m 5,000 square feet in size, one accessory structure in the Rear Yard with a maximum of 120 square f-oet sh311 be exempt from the Coverage Requirements. For lots 5,000 squ3re feet in size or larger, the combined maximum square footage of all accessory structures on a lot such as 0 detached accessory g3rage, workshop, studio, or office shall not exceed 1,000 square foet City of Dublin Zoning Ordinance 46-3 Month 2008 ACCESSORY STRUCTURES AND USES REGULATIONS Chapter MG-8.46 unloss 3 brgor sizo is 3pprovod by tho Zoning Administrator by moans of a Conditional Use Permit. Rev. Ord. 16 02 fA~ovember 2002) e. Rear Yard Co'/erage. Tho maximum covorago of tho roquirod Roar Yard by all accessory structures ('1.'ith the excoption of swimming pools) is 30%. f. On the street side of a fence, hedge or wall. No accossory structuro in 3n R 1 or R 2 zoning district m3Y bo loc3tod on tho stroot side of 3 tonco, hedge or wall. 2. Structures. a. Exceptions to Accessory Structure Requirements. An oxooption to the roquiromonts of this soction may bo 3pprovod by tho Zoning Administr3tor by means of 3 Condition31 Use Pormit. b. Deoks. Unoovorod docks under 30 inchos in hoight 3ro pormittod 3nywhere on 3 parcel, without rospect to re:quired setbacks. c. Entry features. Entry features (such as ~Irbors, arohoE:, and trolliE:oE:) m3Y bo loc3tod within tho roquired front Y3rd Sotb3ck providod thoy do not h3vo 3 '::idth of moro th3n 15 toot, 3nd do not hovo 3 height more than 10 feet. d. Greenhouse. /\ Groonhouso 3ccossory structure with a maximum size of 500 square feet with tr3nsparont or tr3nsluGent roof 3nd/or wall panols. e. Guesthouses. ^ dot3chod Guosthouso 3CCOSSOry structuro m3Y bo ost3blishod on tho lot of 3 single fumily ros:donco, 3S follo'lls: 1. Not looated in setbaok area. ^ ~)uosthouse sh311 not be loc3ted within 3ny roquired setback area. 2. Permitted and prohibited spaoes. ,^. guosthouso m3Y cont3in 3 slooping Sp3CO, b3throom 3nd othor living spaco, but may not contain kitchen fucilitios. 3. Floor area limitation. Tho m3ximum floor area allO\\'ed for a guosthouso is 50% of tho h3bit3blo~00r 3re3 of tho main residonco, up to a maximum of 840 square feet; f. Recreation faoilities. Including recro3tion 3ctivity courts and facilities, swimming pools, Sp3S and hot tubs, providl3d tho so fucilitios 3ro to bo usod solely by occupants of tho d'.volling(s) on the S3mo lot 3nd thoir guosts. g. Security gates. Socurity g3tos 3nd gate housos 3t projoct entrances are permitted through Site Development Review-; City of Dublin Zoning Ordinance 46-4 Month 2008 ACCESSORY STRUCTURES AND USES REGULATIONS Chapter ~.46 8.46.030 J. K. General Requirements. The following requirements apply to both attached and detached accessory structures: A. Habitable Space. Accessory structures, with the exception of guesthouses and second units, shall not be constructed so as to provide year-round habitable space. B. Location of Accessory Structures. Accessory 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-wcIY line. D. Side Yard Obstruction. Where permitted by this Chapter, certain accessory structures may be located within in a sidl~ yard. In the event that an accessory structure(s) is located within a side yard, a minimum of 36 inches of unobstructed area shall be provided in ont:~ 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. E. Timing of Construction. Accessory structures shall be constructed or otherwise established at 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 feature, 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 percent. H. Lot Coverage Exemption. A maximum of 120 square feet shall be exempt from lot coverage requirements for an attached or detached accessory structure. I. Height. Except where specifically stated in this Chapter, accessory structures shall have a maximum height of 15 1feet. 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 be located within the street side yard. 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 Wild1fire Management Plan. Where 46-5 Month 2008 City of Dublin Zoning Ordinance ACCESSORY STRUCTUR:ES AND USES REGUL^,TIONS Chapter 34Q-8.46 8.46.040 8.46.050 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 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. Trailers. Temporary buildings including traillus and modular facilities are prohibited except where permitted by means elf a Temporary Use Permit. Requirements for Specific Accessory Structures. The following requirements apply to the specified accessory structure in addition to the general requirements for detached and attachl~d accessory structures. A. Decks and Balconies. Uncovered decks, less than 30 inches in height measured from grade, 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 as 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 net back area. C. Breezeways. A breezeway or other extension of the principal structure or accessory structure roof may connect thE! accessory structure to the principal structure. The breezeway and accessory structure shall meet the required setbacks for the principal structur,e. Structures connected by a breezeway to the principal structure are considered to be an attached accessory structure and shall comply with the setbacks of the principal structure. D. Gazebo or Patio Covers. Where a gazebo or patio cover includes walls, a minimum of 50 percent of each wall of a {Iazebo, patio cover or similar enclosure shall 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 is an accessory structure in the R-1, R-2 or Planned Development Zoning Districts with similar uses shall be a 46-6 Month 2008 City of Dublin Zoning Ordinance ACCESSORY STRUCTUHES AND USES REGULATIONS Chapter 3:4Q-8.46 maximum of 500 square feet in size, shall ha1/e 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 may be established on the same lot as a single family residence, as provided below: 1. Kitchen Facilities. Kitchen Facilities as defined by Chapter 8.160 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. 5. Maximum Floor Area. The maximum floor area allowed for a guesthouse is 50 percent of the habitcllble 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 access.ory structures. 7. Limitation. Only one guesthouse or secl)nd unit shall be permitted per lot. G. Security Gates. Security gates and gate houses at the entrance(s) to a residential, industrial or office 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 following 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 actual use. The latching device of the gate shall be at least 54 inches above finish gradl3 when the latch is not on the pool side of the gate. When the latchin~, 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. City of Dublin Zoning Ordinance 46-7 Month 2008 ACCESSORY STRUCTUHES AND USES REGULATIONS Chapter ~.46 2. Doors. Where a garage forms part of the pool enclosure, any door from the garage to the pool shall be equipped with a self-closing, self- latching device designed to keep the door securely closed when not in actual use. The latching device of the door shall be at least 54 inches above the floor. 3. Enclosure Fencing. The swimming p()ol, spa, hot tub, or the entire site shall be enclosed by a fence at least 60 inches high. 4. Listed Locking Lid. A listed locking lid, as defined by the Building Code may be provided for spas and hot tubs in lieu of the above gates, doors and enclosure fencing requirements. 5. Maintenance Required. The owner or the person in possession of the premises shall maintain a pool, hot tub, spa, gates, doors, and enclosure fencing in good condition at all times. 6. Lot Coverage. Swimming pools, hot tubs and spas are excluded from lot coverage requirements. Where the swimming pool, hot tub or spa includes a trellis, gazebo or patio COVElr, those accessory structures shall conform to the lot coverage requirl:!ments. I. Tennis and Sport Courts. Non-commercial outdoor tennis courts and courts for other sports (e.g., racquetball, basketball, letc.) accessory to a residential use are accessory structures subject to the following requirements: 1. Fencing. Fencing shall be subject to tbe height limits of Chapter 8.72, Landscaping and Fencing Regulations. 2. Lighting. Court lighting shall not exceed a maximum height of 20 feet. Such lighting shall be directed downward, shall only illuminate the court, and shall not illuminate adjacent property. J. Detached Garages. A detached garage used 1for the storage of vehicles, for a workshop, or for storage space accessory to a residence is an accessory structure and is subject to the following regulcltions: 1. Size. The detached garage, including any workshop or storage space within the garage, shall not exceed 1,000 square feet per residence. 2. Height and Setbacks. The detached garage shall have a maximum height of 15 feet. The detached garElge shall maintain the same setbacks as the principal structure. City of Dublin Zoning Ordinance 46-8 Month 2008 ACCESSORY STRUCTUHES AND USES REGUL/\ TIONS Chapter 3:4-G-8.46 8.46.060 A. C. K. Flag Poles. Flag poles are permitted in all zo,ning districts as an accessory structure. Flag poles shall have a maximum hl!ight of 35 feet and shall be set back a minimum 5 feet from any property line. L. Agricultural Accessory Structures. Agricultural accessory structures, including, but not limited to, stables, barns, I)ens, corrals, greenhouses, or coops, are permitted in the Agricultural Zoninu 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 (whh:h serve employees), transit facilities, trash enclosures and 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. 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 abutting a residential use. Detached Accessory Structures. Detached ac.::essory structures are subject to the following regulations in addition to the applicable regulations in this Chapter. Distance Between Structures. Detached 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 barns which may be 2 stories if the upper story is designated for the storage of hay and/or agricultural supplies only. Heights and Setbacks. Heights and setbacks for detached accessory structures (excluding second units, guesthouses, agricultural structures 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. 46-9 Month 2008 City of Dublin Zoning Ordinance ACCESSORY STRUCTUFtES AND USES REGULATIONS Chapter ~.46 a e - . egu atlons or ots ess an 5, 00 >>Quare eet . Shade Structures, Enclosed Enclosed Swimming Pools, Gazebos, Covered Structure Structure Less Spas and Hot Patios and Greater than 8 than or equal to Tubs aAG Unenclosed associated Structures Feet in Height 8 Feeit in Height Maximum 1 0 feet 1 0 feet :3 feet 8 feet Heiaht Not allowed except Front Yard for entry features Setback permitted by Not allowed Not allowed Not allowed Section 8.46.030.F and 050.8 Side Yard 3 feet 3 feet I) feet o feet Setback Street Side 3 feet 3 feet 3 feet o feet Yard Setback Rear Yard 3 feet 3 feet ) feet o feet Setback T bl 46 1 R I' f L L Th o S F 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. Table 46-2: Reaulations or Lots Greater Than 5,000 SQ uare Feet Shade Structures, Enclosed EnGlosed Swimming Pools, Gazebos, Covered Structure Structure Less Spas, Hot Tubs and Associated Patios and Greater than than or equal Equipment aAG Unenclosed 8 Feet in to 8 Feet in Structures Height H3ight associated ~~. . Maximum 15 feet 15 feet 8 feet 8 feet HeiQht Not allowed except for entry Front Yard features permitted Not allowed Not allowed Not allowed Setback by Section 8.46.030.F and 050.8 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 f * Measured at waterline City of Dublin Zoning Ordinance 46-10 Month 2008 ACCESSORY STRUCTUF~ES AND USES REGULATIONS Chapter MQ-S.46 i. Signs. Signs arc rogulated by Chaptor 8.81, Sign Regukltions. j. S'::imming pools/spas/hot tubs. Private s':limming pools, spas and hot tubs are permitted as accossory structures to approved residential structures on the same lot, subject to the follov:ing proviE;ioos;. 1. Gates. Each gate providing acces!: to the swimming pool, spa, hot tub, or the entire sito through a fenoo shall be equipped with a self closing, self kltching device designod to keep the gate securely closed when not in actual use. The kltching device of the gate shall be at least '1 foet above finish grade~ 2. Doors. Where a garage forms part of tho pool enclosure, any door from the garage to the pool enclosure shall be equipped with a self closing, self latching device designed to keep the door securely closed when not in actual use. The latching device of the door shall be at least '1 feet abo'lo the floor. 3. Fencing. The swimming pool, spa, hot tub, or the entire site shall be enclosed by a fence at least '18 inches high. 4. Maintenance required. The owner or the person in possession of the premises shall maintain the gates, doors, and fencing in good condition at all times. k. Tennis and sport courts. Non commorcial outdoor tennis courts and courts for other sorts (e.g., racquetball, etc.) accessory to a residence are accessory structures subject to the following requirements: 1. Fencing. Shall be subject to the height limits of Chapter 8.72, Landscaping and Fencing RegulatioA& 2. Lighting. Court lighting shall not exceed a maximum height of 20 f-oet. Such lighting shall be directed downward, shall only illuminate the court, and shall not illuminate adjacent property. G. Commercial and Industrial J\ccessory Structures permittod pursuant to Site Development Review and as required by this Title. 1. Carports, garages, bicycle lockers, and off street parking areas and structures. 2. Shade structures. City of Dublin Zoning Ordinance 46-11 Month 2008 ACCESSORY STRUCTUHES AND USES REGULATIONS Chapter 3:4Q-8.46 3. Detachod unonclosod storago buildings and polo buildings. Typically associatod with the outdoor display of building materi3ls, nursery stock, or other materials which nro typically dispbyod outdoors or under a solid canopy. '1. Security gates. Including security gates and gate houses at project entrances. 5. Recreation facilities: 6. Transit facilities. 7. Trash onclosures and recycling facilitios. H.' Prohibited accessory structures 'l.'ithin all Use Types. 8.46.070 8.46.080 A. 1. Restrooms with bathing facilities in a detached garage, office, studio or workshop. 2. Detached inhabitable accessory structure other than a Guesthouse or Second YRit,. Attached Accessory Structures. Attached accessory structures are subject to the following regulations in addition to the applicable regulations in this Chapter. A. Attached Structures. Attached accessory structures shall be structurally part of the principal structure. B. Setbacks. Attached accessory structures shall conform to the setback and lot coverage requirements of the principal structure on the lot. Accessory Uses Accessory Uses Encompassed by Primary Use. In 3ddition to the principal uses expressly included in 3 permitted (or conditionall~{ permitted if approved pursuant to a Conditional Use Permit) Use Type, e3ch Use Type shall be deemed to include such accessory uses which are specifically identified by these Accessory Structures and Uses Regul3tions; 3nd to include euch other accessory uses which are necessarily and custom3rily 3ssoci3ted 'l.'ith, 3nd 3re appropriate, incidental, and subordin3te to, such princip31 uses. It shall be the responsibility of the Director of Community Development to determino if 3 proposed accessory use is necessarily and custom3rily associ3ted with, 3nd is 3ppropriate, incidental, and subordin3te to, the princip31 Use Type, based on the Director of Community Development's eV31uation of the resemblance of the proposed accessory use to those uses specifically identified as accessory to the principal Use Types 3nd the relationship between the proposed accessory u:;;e and the principal Use Type. Determinations by the Director of Community Development sh311 be subject to appe31 pursuant to Chapter 8.136, Appeals, 3nd a record of 311 such determinations shall be maintainod by the Director of Community Development. In 46-12 Month 2008 City of Dublin Zoning Ordinance ACCESSORY STRUCTURES AND USES REGULATIONS Chapter ~.46 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 include accessory uses which are specifically identified by these regulations which are necessarily and customarily associated with, and are appropriate, incidental, and subordinate to, such principal uses. 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 resemblanc:e of the proposed accessory use to those uses specifically identified as Hccessory to the principal use types and the relationship between the prOIJOsed accessory use and the principal use type. Determinations by the Community Development Director shall be subject to appeal pursuant to ChaptElr 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. Requirements for Specific Accessory Uses that Apply City v.'ide. The follo'J.'ing accessory uses are as described below. 1. Accessory storage of building materials and equipment. Building materials and equipment being used for constnJction may be stored on the construction site as long as a valid building permit is in effect for the construction. Building materi3ls and equipment include stockpiles of construction materials, tools, equipment, and building component assembly operations. 2. VVireless Communications Facilities. Wireless Communications Facilities are subject to the provisions of Chapter 8.92, '.^tireless Communications Facilities Regulations. 3. FI3g poles. Flag poles are permitted uses in any zoning district. 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 (i.e. one house or a tenant space). D. Storage of Building Materials and Equipment During Construction. Building materials and equipment being used for construction may be stored on the construction site as long as a valid building permit is in effect for the construction. Building materials and equipment include stockpiles of City of Dublin Zoning Ordinance 46-13 Month 2008 ACCESSORY STRUCTUHES AND USES REGUL.^.TIONS Chapter MQ-8.46 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 Zonin!~ District. F. Permitted Residential Accessory Uses. 1. Garages. ^ Garage acoossol)' use oonE:ists of an attached or detached accossory structure used for the storage (If vehiolos, for a workshop, or for storage space. A detached accessory garage shall not occupy moro than 1,000 square f-oet per residence (includin~1 any workshop or storage space within the garage) unless a larger are3 is authorized by the Zoning Administrator by means of a Conditional Uso Permit. The floor area of an accessory garage that is attached to a dwolling unit is not limited, except as may be required by the Uniform Buildinq Code or any other applicable construction or fire code. The combined maximum square footago of a detached accessory garage, 'Norkshop, studio, or office shall not exceed 1,000 square foet unless a larger sizo is authorized by the Zoning Administrator by means of a Conditional Use Permit. Garage/Yard Sales. The temporary sale of used household or personal articles held on the seller's own residential premises, also referred to as a garage sales or yard sale or rummage sale, so long as such sales are limited to two days per event and are not conducted on the same lot more than four times within a calendar year. 2. Greenhouses. 1\ Greenhouse for the non commercial raising of plants. 3. Guesthouses. /\ guesthouse may be esbblished as an accessory use on the lot of a single family residence, as follo~ a. Limitation on use. ^ guesthouse shall comply with the follo....'ing provisions: 1. For the purposes of this Chapter, prohibited kitchen facilities include kitchen typo counters and!-or cabinets, kitchen sinks, or any appliances for the pr€lparation or preservation of food, including but not limited to, gas or electric ranges, ovens or stovetops, microwave ovens, refrigerators with more than 5 cubic feet of capacity, or freeiffif&.- 2. A guesthouse shall not be allowed on any lot containing a secondal)' dwelling established pursuant to Chapter 8.80, Second Units. City of Dublin Zoning Ordinance 46-14 Month 2008 ACCESSORY STRUCTUF~ES AND USES REGULATIONS Chapter MQ-.8.46 3. No more than ono guesthouse shall be established on :::my lot. 2. Home Occupations. Home occupations are subject to the provisions of Chapter 8.64, Home Occupation Regulations. 3. Rental/ aM Sales Office. A rental/ aM sales office for the leasing aM or sale of residential units located in the same apartment or condominium complox residential development. 4. Repair and Maintenance of Automobiles or Other Vehicles Recreational Vehicles. The repair and maintenance of automobiles or atAeF vehicles recreational vehicles is permitted if work is being done on a vehicle registered to the occupant of the premis'9s. Notwithstanding the above, painting of motorized vehicles 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. 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, which allowed where conditionally p.~rmitted pursuant to Chapter 8.12, Zoning Districts and Permitted Uses of Land 't.'hich 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 Zonirg Administrator pursuant to a Conditional Use Permit.. G. Accessory Uses Prohibited in Residential and Agricultural Districts. No accessory use involving any of the following shall be conducted within a front yard, the area between the front yard and the residence, or a street side yard on a corner lot (outside a fence or wall) in any agricultural or residential district: 1. Storage, Repair or Dismantling. The storage, repair or dismantling of motorized vehicles automobiles, recreational vehicles, electrical refrigerators, washers, dryers or other household appliances, or other items determined to be substantially conformity similar to the above by the Director of Community Development Director. 2. Storage or Display. The storage or display of equipment, appliances, tools, materials or supplies unless as part of a garage/yard sale. H. Permitted Commercial and Industrial Accessory Uses. 1. Automatic Teller Machine. City of Dublin Zoning Ordinance 46-15 Month 2008 ACCESSORY STRUCTU~:ES AND USES REGULATIONS Chapter &4Q.-8.46 2. Cafeteria, Delicatessen and Food Vending. Permitted if less than 1,000 square feet in area. 3. Plazas for Public Assembly. 1. Rocreational facilitios. Recreational fucilitios, whether indoors or outdoors, for tho uso of omployees. Such fucilitim: include, but are not limited to: basketball courts, ballfields, putting greens and volleyball courts. 5. Recycling collection centor. Facility for collection of recyclablo materials generated on site. 4. 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 whol13sale goods or where otherwise permitted by Chapter 8.12. 5. Industrial Retail Sales. Retail sale of products produced by a permitted industrial use on the premises or 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. 6. Office in Industrial Districts. Office space shall be limited to a maximum of 30 percent of the Gross Floor Area of the tenant space excluding where permitted by a Conditil)nal Use Permit. City of Dublin Zoning Ordinance 46-16 Month 2008