Chapter 17.03
ESTABLISHMENT OF ZONING DISTRICTS
Sections:
17.03.020 Adoption of zone plan.
17.03.030 Division of the zone plan.
17.03.040 Changes in boundaries or zones.
17.03.050 District boundaries.
17.03.060 Effect of district regulations.
17.03.080 Requirements for achieving consistency with general plan.
17.03.010 Districts.
A. The base districts establish the basic land use and property development regulations applicable to all property within the city as provided under Section 17.01.090. The overlay districts provide additional regulations which are to be exercised over certain lands in order to meet special community health, safety, welfare, environmental or development objectives described by the general plan. Overlay district regulations apply in addition to the base zone and other regulations of this title.
B. The base and overlay districts established by the zoning title are hereby designated as follows:
1. RCO (resource conservation, public use and open space district);
2. AN (agriculture);
3. RA (residential acreage, twenty thousand square feet minimum parcel);
4. R (one-family residential districts);
5. RM (multifamily residential districts);
6. PO (professional office);
7. C-1 (neighborhood commercial);
8. C-2 (downtown commercial);
9. C-3 (community commercial);
10. C-4 (general commercial);
11. M-1 (light industrial);
12. M-2 (heavy industrial);
13. PUD (planned unit development overlay district);
14. Downtown residential overlay district;
15. Precise plan overlay district;
16. Boulevard overlay district;
17. Parking overlay district. (Ord. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993)
17.03.020 Adoption of zone plan.
A. In order that comprehensive zoning regulations may be applied uniformly to all incorporated territory with the adoption of the ordinance codified in this title, the zoning map of the city is thereto attached and made a part of said ordinance by reference with the same force and effect as if the boundaries, together with any notations, references and information shown on said map, were specifically set out and described in this title.
B. These maps, together with such additional maps as may be adopted in accordance with the provisions of this chapter and this title, shall be known as the zone plan of the city of Dinuba. (Ord. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993)
17.03.030 Division of the zone plan.
For purposes of convenience and identification, the zone plan may be divided into parts and subparts, which may be separately shown or employed for purposes of amending the zone plan or any official reference thereto. (Ord. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993)
17.03.040 Changes in boundaries or zones.
Changes in classification of zones and boundaries of zones may be made by:
A. Adoption of an amended zoning map, or part or subpart thereof, showing the change thereon, in the manner provided for amendment of this title; or
B. Other amendment of this title which describes the change, without adoption of an amended map. (Ord. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993)
17.03.050 District boundaries.
Whenever any uncertainty exists as to the boundary of any zone district, the following regulations shall control:
A. Where a boundary line is indicated as following a street, alley, railroad right-of-way, drainage channel or other watercourse, the centerline of such street, alley, railroad right-of-way, drainage channel or other watercourse shall be considered to be the boundary line.
B. Where a boundary line is indicated as following a lot line or property line, it shall be construed as following such lot line or property ownership line.
C. Where a boundary line is not indicated as following a street or alley and does not follow or coincide approximately with a lot line or property ownership line, the boundary line shall be determined by the use of the scale designated on the zone plan.
D. Where further uncertainty exists, the planning commission, upon written application or on its own motion, shall determine the location of the boundary in question, giving due consideration to the location indicated on the zone plan and the objectives of the zoning code and the purposes set forth in the district regulations and the general plan.
E. If any land is not shown on the zoning map as within a zone, or if any land is annexed to or consolidated with the city subsequent to the effective date of the ordinance codified in this title, it shall be deemed to be within the AN zone, until otherwise zoned as provided herein. (Ord. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993)
17.03.060 Effect of district regulations.
Except as otherwise provided in this title:
A. No structure or part thereof shall be erected, altered, added to or enlarged, nor shall any site or structure be used, designated or intended to be used for any purpose, or in any manner other than is included among the uses hereinafter listed as permitted or conditional in the district in which such structure, land or premises is located.
B. No structure or part thereof shall be erected, nor shall any existing structure be altered, enlarged or rebuilt or moved into any district, nor shall any open space be encroached upon or reduced in any manner, except in conformity to the yard, site area and building location regulations hereinafter designated for the district in which such structure or open space is located.
C. No lot area shall be so reduced or divided so that the yards, open space, buildable area or lot area shall be smaller than prescribed by this title; nor shall the density of population be increased in any manner, except in conformity with this title.
D. No yard or other open space provided around any building shall be considered as providing the required yard, open space or buildable area for any other building; provided further, that no yard or open space on any adjoining lot shall be considered as providing a yard, open space or buildable area or lot area on any other lot.
E. Every required yard shall be open and unobstructed from the ground to the sky, except as otherwise provided in this chapter.
F. Two or more abutting lots of record may not be combined and used as though a single site except through the lot line adjustment or merger provisions of the Subdivisions Map Act.
G. A lot, or lots, may be divided into parts; provided, that each part is equal to or exceeds the minimum lot area requirements of the title, and so long as such parts are used as though separate lots they shall be deemed to be separate lots under all provisions of this title.
H. No deed or conveyance of any portion of a site shall be made which reduces the site area, yards, off-street parking spaces or other minimum requirements of this title without the prospective grantor and grantee first recording, in the office of the Tulare County recorder, a covenant for the benefit of the city of Dinuba agreeing that such site shall continue to be maintained, operated and used as though a single site so long as any part thereof depends on the other for compliance with the provisions of this title. (Ord. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993)
17.03.070 Changes of district boundaries or regulations because of annexation or right-of-way abandonment.
A. All territory annexed to the city which was previously classified by the county in a particular zoning district may be retained by the city if such classification is also provided for by this title and is consistent with the general plan.
B. All applications for annexation shall be accompanied by an application to prezone the area proposed for annexation to zone districts consistent with the general plan as contained in Section 17.03.080. Public hearings on the prezone request shall be held in the same manner prescribed in Sections 17.04.180 and 17.04.190. The zone districts shall become effective upon annexation.
C. The owner of the territory within the area proposed for annexation may request desired conditional uses or variances consistent with the prezoning request to become effective upon annexation.
D. All territory which becomes unzoned through abandonment of a public street, alley or railroad right-of-way shall immediately become classified the same as the property adjoining the street, alley or railroad right-of-way. (Ord. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993)
17.03.080 Requirements for achieving consistency with general plan.
A. Zoning districts shall be applied to all public and private property in a manner consistent with applicable policies and land use arrangements set forth in the Dinuba general plan. Zoning consistent with adopted plan designations shall be as follows:
|
Plan Designation |
Existing Consistent Zone District |
Consistent Density in Units per Gross Acre |
|---|---|---|
|
Residential |
||
|
Low Density |
AN, RA |
0.00—2.00 |
|
Medium Low Density |
R-1-7.5, R-1-10 |
2.10—4.50 |
|
Medium Density |
R-1-7.5, R-1-6, RM-3 |
4.60—7.50 |
|
Medium High Density |
RM-3, RM-2 |
7.60—15.00 |
|
High Density1 |
RM-2, RM-1.5 |
15.10—24.00 |
|
Commercial |
||
|
Neighborhood |
C-1 |
|
|
Downtown |
C-2 |
|
|
Community |
C-3 |
|
|
General |
C-4 |
|
|
Office |
PO |
|
|
Parking |
P |
|
|
Industrial |
||
|
Light |
M-1 |
|
|
Heavy |
M-2 |
|
|
Open/Public |
||
|
Agriculture |
AN |
|
|
Parks and Open Space |
RCO |
|
|
Public Buildings and Grounds |
RCO |
|
|
Urban Reserve |
AN |
|
|
1 Twenty-four or more units/acre subject to a conditional use permit. |
||
B. All actions and procedures pertaining to the granting or denial of various permits or other entitlements provided for by this title, including use permits, site plan reviews, planned unit developments and amendments, shall be consistent with applicable policies and land use arrangements set forth by the Dinuba general plan.
C. Where ambiguity or uncertainty exists concerning how best to achieve consistency with the general plan, the planning commission shall make a written determination in accordance with the procedures prescribed in Section 17.01.080. (Ord. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993)