Chapter 18.55
O-S OPEN SPACE DISTRICT
Sections:
18.55.020 Building height standards.
18.55.030 Area, lot width and yard standards.
18.55.040 Performance standards.
18.55.060 Legal lots of record.
18.55.070 Application submittals.
18.55.090 Procedures for additions to existing dwellings and new or modified accessory structures.
18.55.100 Lots partially within an O-S district – Special provision.
18.55.110 Allowed land uses and permit requirements within an open space zoning district.
18.55.010 Purpose.
It is the overall intent of the open space district to permit limited but reasonable use of open lands while protecting the public health, safety and welfare from the dangers of seismic hazards and unstable soils; preserve the topography of the city that shapes it and gives it its identity; allow land to be used for agricultural production in its natural or as near natural state as possible; coordinate with and carry out regional, county, and city open space plans; and where permitted, encourage the clustering of dwelling units in order to preserve and enhance the remainder of open space lands as a limited and valuable resource.
The general plan identifies seven different open space land use designations to address a variety of open space opportunities and constraints. The following subsections address the specific purposes of the open space zoning district, consistent with the goals and objectives of the corresponding general plan open space land use designation:
(a) City Park. To establish areas for both active and passive recreation including athletic fields, picnic areas, playgrounds, recreation centers, tennis courts and trails. The appropriate uses within any given park are based on the park’s classification and standards and are further defined in the city’s parks master plan and the parks and recreation chapter of the general plan.
(b) General Open Space. To preserve and maintain private lands with an open space character that may be vacant or contain a previously established use. Properties within this designation may be subject to constraints of soil or slope instability, property access, water and flood levels, landslides, fault zones, or slopes equal to or in excess of 30 percent that restrict the use of the property with structures.
(c) Hillside, Hill Face and Hill Open Space. To address development constraints relating to the hills of Fremont consistent with the two hill area initiatives: Hillside Initiative of 1981 (Measure A) and the Hill Area Initiative of 2002 (Measure T).
(d) Private Open Space. To accommodate private open space uses including natural areas, passive use areas, indoor and outdoor recreation facilities, community amenities such as clubhouses, playgrounds, picnic areas and some agricultural uses such as livestock grazing, orchards, and small-scale cultivation of crops consistent with the Private Open Space Initiative adopted by the city council on July 17, 2012.
(e) Resource Conservation and Public Open Space. To preserve, maintain, and where appropriate, enhance open spaces that are located below the toe of the hill1 and owned by public or quasi-public agencies. This designation also incorporates utility transmission lines, flood control and water conservation easements and rights-of-way. Finally, this designation allows for a limited number of recreational and regional park improvements, such as trails or interpretive nature centers. The focus in most areas is on the preservation of natural open space and restoration and enhancement of native habitat. (Ord. 16-2015 § 35, 6-2-15.)
18.55.020 Building height standards.
Building height1 shall not exceed 35 feet within the city park designation and 30 feet in all other open space designations, except as provided for in Section 18.170.020. Section 18.130.050(d) provides for further limited exceptions for properties located below the toe of the hill.1 Section 18.130.050(e) further limits building height when structures are located on a ridge, knoll, hilltop1 or ridgeline1. (Ord. 16-2015 § 35, 6-2-15.)
18.55.030 Area, lot width and yard standards.
(a) The following minimum lot area standards shall be observed, except where a smaller lot area is permitted pursuant to Section 18.55.040(b)(6) or 18.55.060:
|
Land Under Agricultural Preserve Contract |
Minimum Lot Area (acres) |
|
Nonprime agricultural land2 |
40 |
|
Nonprime agricultural land2 located above the toe of the hill1 line and annexed to the city after January 1, 2002 |
100 |
|
Land Not Under Agricultural Preserve Contract |
Minimum Lot Area (acres) |
|
Unconstrained land4 designated hill area open space on the general plan |
1 |
|
Constrained land4 designated hill area open space on the general plan |
4 |
|
In areas designated as general open space, hill open space or hill face open space on the general plan |
203 |
|
Lands above the toe of the hill1 line and annexed to the city after January 1, 2002 |
100 |
1 Term is defined in Chapter 18.25.
2 As determined by the State of California Office of Land Conservation.
3 In the hill and hill face open space designations, lot area may be approved at less than this minimum lot size when parcels are clustered through the conditional use permit process to reduce visibility and environmental harm pursuant to the performance standards of this chapter.
4 Constrained and unconstrained land, as specified in Section 18.55.050, may be combined within a single ownership in order to comply with the lot area requirements herein; provided, that there is at least one contiguous and accessible acre of unconstrained land per residential dwelling unit.
(b) Yard Depth and Lot Width Standards Table.
|
Lot size |
Yard type |
Yard least depth1,2 (feet) |
Lot width1 (feet) |
|---|---|---|---|
|
10 acres and larger |
Front |
50 |
300 |
|
Side |
|||
|
Rear |
|||
|
Less than 10 acres and greater than one acre |
Front |
45 |
225 |
|
Side |
35 |
||
|
Rear |
50 |
||
|
One acre or less |
Front |
The same as the zoning district most nearly equivalent in lot size, or as specified by a conditional use permit |
|
|
Side |
|||
|
Rear |
|||
1 Term is defined in Chapter 18.25.
2 Yard depths (setbacks) adjacent to public or private streets shall be measured from the right-of-way line of the street and not from the curb line or edge of pavement.
(Ord. 16-2015 § 35, 6-2-15.)
18.55.040 Performance standards.
(a) Standards Applicable to All Developments. No dwelling, or other structure, shall be constructed until plans for such development have received a design review permit approval pursuant to Chapter 18.235 and the approval authority has made findings that such development will be consistent with the following performance standards:
(1) The impervious coverage shall not exceed 15 percent of the area of each lot or lots except where increased or otherwise amended pursuant to a conditional use permit. “Impervious coverage” shall mean the areas of the lot or lots covered by buildings, structures, paving and other nonpermeable surfacing.
(2) Natural vegetation shall be retained and protected to the maximum extent feasible. Retention and protection of natural vegetation shall be indicated in a landscape plan submitted for design review permit.
(3) Vegetation and other erosion control improvements (including but not limited to debris or desilting basins and silt traps) shall be installed to the extent possible before the vegetative cover is removed from the site and in all cases shall be in place prior to commencement of vertical construction.
(4) Both temporary and permanent erosion control measures shall be indicated on plans submitted for a design review permit.
(5) Circulation systems and open spaces in new developments shall link into existing streets, trails and open spaces surrounding the proposed development. Existing development should be retrofitted over time to reduce unnecessary walls and barriers and improve pedestrian connections between publicly accessible open space areas and adjacent neighborhoods.
(6) Exterior lighting, except street lights, shall be diffused or concealed in order to prevent illumination of adjoining properties or the creation of objectionable visual impacts on other properties.
(7) Internal and external storage of municipal solid waste, recyclables, and yard waste shall conform to the standards set forth in Section 18.190.440.
(8) Agricultural operations involving animals shall comply with Title 6 (Animals) and applicable county, state and federal regulations.
(9) All new structures (including agricultural structures) over 120 square feet in size require a building permit.
(10) Any structure constructed in a fire hazard severity zone or a wildland-urban interface fire area as set forth in Section 15.65.030 shall comply with specific additional requirements set forth in Title 15 (Building and Construction).
(11) Development or conversion to agriculture or more intensive agriculture is not permitted on or adjacent to wetlands if the quantity or biological quality of the wetlands will be reduced measurably. “Wetlands” are areas permanently or periodically covered by water, where hydrophytic vegetation is present under normal conditions, or that have soils primarily hydric in nature.
(12) Development or conversion to agriculture or more intensive agriculture materially impairing critical habitat, designated by the United States Fish and Wildlife Service for preservation of endangered or threatened plant and animal species, is not permitted.
(13) A minimum of 10 percent of the development envelope shall be set aside for a recreation area for use of the residents. The approving body may reduce this requirement based on the provision of decks, balconies and courtyards integral with the dwelling.
(14) Mechanical, meter and other equipment screening shall be provided in accordance with Section 18.190.320.
(b) Standards Applicable to Dwellings, Structures, New Lots and Other Development Located above the Toe of the Hill1 Line. The following definitions apply and additional performance standards shall be met unless the text or context clearly indicates otherwise:
“Building” means any structure having a roof supported by walls or columns, or both, except for greenhouses, and intended for the shelter, housing or enclosure of any person, animal or property.
“Development” includes the placement or construction of any building or structure, including mobile dwelling units, and grading, excavation or fill of land.
“Structure” includes but is not limited to any building, greenhouse, tower, antenna, utility line, retaining wall, dam, pumping facility, water tank or anything constructed or erected, the use of which requires location on the ground or attachment to something located on the ground and requiring a building permit.
(1) The maximum aggregate floor area for all floors (regardless of composition) in buildings on a parcel of 20 acres or more may not exceed one percent of the parcel’s area, or 20,000 square feet, whichever is less, but for any such parcel a minimum of 10,000 square feet shall be permitted. The total aggregate floor area for existing lots of record or lots approved for clustering shall be determined as part of the conditional use permit process required by this chapter. Government facilities are not subject to the aggregate limit to the extent that the city council reasonably finds that they are necessary to serve important public needs, that they cannot practicably be located below the toe of the hill1 line, and that they must exceed the floor area maximum. The city council may also authorize a larger area if needed for housing for agricultural workers, or for processing, packaging or storage of agricultural produce or plants, a substantial portion of which were grown above the toe of the hill1 line, or for other agricultural purpose. If feasible, clustering shall be required for residential and other permitted development on contiguous parcels in common ownership subject to subsection (b)(6) of this section.
(2) All buildings on a parcel shall be placed within a contiguous “development envelope” not to exceed two acres, except for buildings that must be located outside the envelope for agricultural uses or security needs, or for government or public utility facilities that the city council reasonably finds require a more extensive area.
(3) Structures may not be located on ridgelines1 or hilltops1, or where they will project into the visual plane of a ridgeline1 or hilltop1, as viewed from public roads, trails, or other public places, unless there is no other building site on the parcel or on a contiguous parcel in common ownership pursuant to the Hill Area Initiative of 2002. Evidence to evaluate this visual impact shall be provided pursuant to Section 18.55.070(a)(4). If there is no other building site, structures, site grading and appropriate landscape designs shall be employed so that the natural silhouette of a structure on the ridgeline1 is minimized.
(4) Unless there is no other possible configuration, new parcels may not be created that have no building site other than a ridgeline1 or hilltop1, or that would cause a building to project into the visual plane of a ridgeline1 or hilltop1 as viewed from a public place.
(5) To reduce visual impact of development:
(A) New or reconfigured parcels, including those resulting from lot line adjustments, must be created or designed to minimize visibility of development from public places;
(B) To the extent practicable, structures shall be located, including by setbacks from parcel boundaries, on that part of a parcel or on contiguous parcels in common ownership that minimizes visibility from public places, except agricultural structures necessary for agricultural purposes may be located in more visible areas;
(C) In all cases, appropriate landscaping1, preservation of vegetation, screening, and building materials shall be required by the city to minimize the visual impact of development. Consistent with that end, alteration of topography by grading, excavating, filling or other development activity shall be minimized. Development shall be subordinate to and blend with the natural and open space qualities of the area where located, so as to be as unobtrusive as possible, and not to impair those qualities.
(6) Clustering, which also may be described as transfer of density or development rights, shall be required if the effect is to reduce overall visibility from public places or to reduce environmental harm. Clustering shall be evaluated through a conditional use permit and shall be granted if the following additional findings can be made:
(A) The proposed residential development is not restricted by constraints as specified in Section 18.55.050;
(B) The maximum number of dwelling units permitted does not exceed the density derived from the number of lots otherwise allowed per Section 18.55.030;
(C) The clustered development will occur on a single parcel in the form of a dwelling group1 or on separately created adjacent parcels not exceeding two acres in size;
(D) Those portions of the lot(s) not devoted to residential use will be made subject to an open space easement, scenic restriction or other legal device conveyed to the city or the city’s appropriate designee, guaranteeing that such portions shall remain open and undeveloped.
(7) No development shall be located within a riparian corridor, except for otherwise permitted flood control, erosion control, water supply, transportation facilities, fences or hiking or equestrian trails. “Riparian corridors” are the areas within 200 feet from the center of a permanent or intermittent streambed.
(8) No building site, in whole or in part, may be located on constrained land as set forth in Section 18.55.050.
(9) An easement, conveyed to the city or the city’s appropriate designee, shall be required for each parcel with respect to which development is permitted, including parcels from which development is transferred in cases of clustering. The easement shall bar any further development that would not be permitted under this title. The easement shall be negative only; it shall convey no possessory interest to the city or its designee, nor confer any right of public access. The parcel remains wholly in private ownership, so far as the easement is concerned, with exclusive occupancy and use of the owner. The city has no responsibility or liability because of the easement for acts or omissions on the parcel, except in good faith and effectually to remedy or prevent violations of the easement. The easement shall terminate when the parcel is restored substantially to its predevelopment condition, so far as the effects of development are concerned.
(10) Apart from the regular subdivision process, the city may not permit lot line adjustments, except as required by state law, if the adjusted parcels for any reason would not comply with the general plan, including minimum parcel sizes, and all city zoning and building ordinances, or adjustments between more than four parcels, or part of a plan or series of adjustments between more than four parcels.
(11) The city shall not grant certificates of compliance or conditional certificates of compliance except as required by state law. The city shall impose all conditions permissible under state law on conditional certificates of compliance and shall hold the owner or subsequent transferee to strict compliance with these conditions. A certificate of compliance by itself creates no right to develop, nor diminishes in any respect the city’s authority to control development.
(12) The development standards contained within Sections 18.130.050 through 18.130.070 (Hillside combining district) shall also apply to all open space (O-S) designated properties within the hill area. In cases where there is a conflict between development standards of the H-I district, the performance standards of this chapter shall prevail. (Ord. 16-2015 § 35, 6-2-15.)
18.55.050 Land constraints.
Within the O-S district there may be lands on which development capability is limited because of conditions detrimental to the public health, safety and welfare. Any of the following shall be considered as constraints for development:
(a) Areas identified by the general plan or by an on-site geotechnical report as having any of the following characteristics:
(1) Severe soil instability.
(2) Groundwater conditions that may affect or be affected adversely by such construction.
(b) Lands that the city engineer or building official reasonably finds, based on the evidence before him or her, are in a landslide area, in the path of a landslide, at risk of a landslide, or in an area of slope instability. The evidence to be considered by the city engineer or building official may include any or all of the following:
(1) Fremont general plan;
(2) An on-site geotechnical report;
(3) A survey by the United States Geological Survey;
(4) A survey by the California Geologic Survey;
(5) A report available to the city; or
(6) Observation of physical conditions.
However, in those cases where, based on a detailed site-specific geotechnical report, the city engineer or building official finds in his or her reasonable judgment that the constraint is capable of reasonable mitigation so that the proposed development of the area can occur consistent with this chapter, then, for the purposes of the proposed development, the area shall not be considered as constrained land; provided, however, that any correction of constrained areas shall not result in lands within the hill face open space being redesignated as unconstrained land. Such site-specific geotechnical report shall be prepared by a California licensed professional and the scope of such report determined by the city engineer or building official based on the type of development or construction proposed and the constraints to the land. The city engineer or building official may require that the report be peer reviewed and found acceptable by an independent geologist selected by the city engineer or building official with the costs borne by the applicant.
(c) Lands having slopes equal to or in excess of 30 percent; provided, however, that minor encroachment onto slopes equal to or in excess of 30 percent may be permitted for lands below the toe of the hill1 line, where the planning manager finds and determines that the proposed encroachment will not conflict with the purposes and intent of this chapter.
(d) Lands not restricted by constraints that are inaccessible as a result of having to take access over or across constrained lands, as defined herein. For lands located above the toe of the hill1 line, the following shall apply:
(1) Where a preexisting roadway, which is not exempt pursuant to subsection (d)(3) of this section, is proposed to provide access, the slope being crossed is calculated based upon the natural slope as it existed prior to development of the roadway.
(2) Where a new roadway is proposed to provide access, the slope being crossed is calculated based upon the natural slope of the area.
(3) This subsection (d) shall not apply to lands accessible from existing public streets or approved private streets that cross slopes of 30 percent or more. (Ord. 16-2015 § 35, 6-2-15.)
18.55.060 Legal lots of record.
Where a lot existed as of January 1, 2002, and is not restricted by constraints as specified in Section 18.55.050 or as shown by detailed geological and soils studies, and where the area of such lot on said date was not less than 4,000 square feet, the planning commission may approve a conditional use permit authorizing the use of the lot for one single-family dwelling if the planning commission makes the following additional findings:
(a) The use is consistent with the Hill Area Initiative of 2002;
(b) The project adheres to the performance standards set forth in this chapter; and
(c) The construction of such dwelling at the location proposed would not be hazardous to the safety of the occupants thereof. (Ord. 16-2015 § 35, 6-2-15.)
18.55.070 Application submittals.
(a) Any application requiring a design review permit, zoning administrator permit or conditional use permit, shall include the following:
(1) A contour map conforming to the requirements of Section 18.205.050(c);
(2) A slope classification map prepared and endorsed by a registered civil engineer or licensed land surveyor showing in differential legends or symbols or contrast as to colors:
(A) All land that has a slope of less than 20 percent, when located in an area designated as hill face open space on the general plan;
(B) That land that has a slope of greater than 20 percent but not more than 30 percent;
(C) That land which has a slope of greater than 30 percent.
(3) If deemed necessary by the public works director, written reports and other information conforming to the requirements of Chapter 18.205 (Grading, Erosion and Sediment Control). The approval authority shall review the report and other information to determine whether development is restricted pursuant to Section 18.55.050.
(4) Visual Analysis.
(A) A visual impact analysis prepared by a qualified consultant shall be submitted for all buildings and structures on land designated hill face open space by the general plan or when located within
300 feet (as measured horizontally) of a hilltop1 or ridgeline1. Where appropriate, the analysis shall demonstrate conformance of the project with Section 18.55.040(b)(5).
(B) A visual impact analysis prepared by a qualified consultant may be required to be submitted for buildings and structures on other lands designated open space on the general plan, as deemed necessary by the community development director. (Ord. 16-2015 § 35, 6-2-15.)
18.55.080 Precedence of data.
Where an on-site soils and geologic survey has been prepared in conformance with Section 18.55.070, the data derived from such survey as to the existence, character and location of slopes, landslides, seismic hazards and soil conditions shall take precedence over the data included in the general plan or any element thereof, or of the findings of the United States Geological Survey, or the findings of the Soil Conservation Service of the United States Department of Agriculture, for purposes of Section 18.55.050. (Ord. 16-2015 § 35, 6-2-15.)
18.55.090 Procedures for additions to existing dwellings and new or modified accessory structures.
(a) Where a lot in an open space district located above the toe of the hill1 line has been developed in accordance with another residential district regulation or predates city regulations and the owner wishes to make additions or modifications that would not cause the primary building, including an attached garage, to exceed 7,500 square feet in area or add an accessory structure that does not exceed 600 square feet in area, the owner or agent of the owner may apply for such additions or structures through design review as specified in Chapter 18.235. The zoning administrator may grant approval if the additions or structures are consistent with the performance standards of Section 18.55.040 and the development standards of Section 18.130.050. The zoning administrator may refer the matter to the planning commission for review when deemed necessary in the public interest. The commission shall then have the authority to consider the additions or structures.
(b) Where a lot in an open space district located above the toe of the hill1 line has been developed in accordance with another residential district regulation or predates city regulations and the owner wishes to make additions or modifications that would cause the primary building, including an attached garage, to exceed 7,500 square feet in area or add an accessory structure that would exceed 600 square feet in area, the owner or agent of the owner shall obtain planning commission approval of a design review permit. The planning commission may approve the application if the additions or structures are consistent with the performance standards of Section 18.55.040 and the development standards of Section 18.130.050.
(c) Where a lot in an open space district is located below the toe of the hill1 line it shall follow the regulations set forth in the remainder of this title. (Ord. 16-2015 § 35, 6-2-15; Ord. 04-2016 § 21, 3-1-16.)
18.55.100 Lots partially within an O-S district – Special provision.
(a) As used herein, “transferable dwelling units” shall mean dwelling units that could be built on a lot in an O-S district under a conditional use permit.
(b) Where a lot is situated so that it is partially within an O-S district and partially within another district which is designated for residential uses in the general plan, a number of dwelling units equivalent to or less than the number of transferable dwelling units may be built upon the portion of the lot within such other district, in addition to those otherwise permitted; provided, that:
(1) The portion of the lot not situated within the O-S district shall be developed as a planned district; and
(2) The portion of the lot within the O-S district upon which such transferable dwelling units could have been built is made subject to an open space easement, scenic restriction, or other device guaranteeing that such portion shall remain undeveloped. (Ord. 16-2015 § 35, 6-2-15.)
18.55.110 Allowed land uses and permit requirements within an open space zoning district.
The following table establishes allowed uses within an open space zoning district. Permitted uses are allowed subject to conformance to standards and conditions of this title. A conditional use may be permitted with a conditional use permit, provided all other requirements of this title are met. A zoning administrator use may be permitted with a zoning administrator permit, provided all other requirements of this title are met. Permitting procedures for a conditional use permit and zoning administrator permit shall be as outlined in Chapters 18.230 and 18.275, respectively. Accessory uses are allowed when subordinate to or part of a principal use on the same lot and serving a use incidental to such principal use.
(a) Use Table. Table 18.55.110 sets forth those uses which are permitted, permitted with approval of a zoning administrator permit, permitted with approval of a conditional use permit, and not allowed in an open space district, and the type of approval each use requires. The following terms are used in Table 18.55.110:
(1) Permitted (“P”) uses are allowed subject to conformance to standards or conditions of this title.
(2) Conditional (“C”) uses may be permitted with a conditional use permit, provided all other requirements of this title are met.
(3) Zoning administrator (“Z”) uses may be permitted with a zoning administrator permit, provided all other requirements of this title are met.
(4) Accessory (“A”) uses are allowed when subordinate to or part of a principal use on the same lot and serve as a use incidental to such principal use.
(5) The symbol “--” indicates a use is prohibited within the zoning district.
(b) Permitting Procedures. Permitting procedures for a conditional use permit and zoning administrator permit shall be as provided in Chapters 18.230 and 18.275, respectively.
|
|
PERMIT REQUIRED BY GENERAL PLAN LAND USE DESIGNATION |
Specific Use Regulations |
||||||
|---|---|---|---|---|---|---|---|---|
|
Land Use |
City Park |
General |
Hill (beyond Ridgeline) |
Hillside (Measure A) |
Private2 |
Resource Conservation / Public |
||
|
Agricultural Uses |
||||||||
|
A |
Z |
-- |
-- |
Z |
Z |
Z |
|
|
|
Agriculture limited to grazing, feed lots for livestock that primarily receive their sustenance in the hill area1 from grazing on a ranch or farm that includes the feedlot parcel; small pig farms not exceeding three brood sows and their litters; and horticulture, floriculture and arboriculture, but not including commercial feed lots, larger or medium-size pig farms, poultry ranches, commercial vineyards, or Christmas tree farms |
-- |
-- |
Z |
Z |
-- |
-- |
-- |
|
|
Commercial small-scale, low intensity rearing, custodianship, training or care of animals, other than ruminants (which shall be governed as “agriculture limited…” listed above). |
-- |
-- |
Z |
Z |
-- |
-- |
-- |
|
|
Grazing of land for purposes of land management |
P |
P |
P |
P |
P |
P |
P |
|
|
Packing, processing, storage or sale of agricultural produce or plants, a substantial portion of which were grown in the hill area1; providing, however, the operation of such uses shall be secondary to that of the primary agricultural use of the lot; providing further, that the above uses shall not include commercial feeding of garbage or offal to swine or other animals |
-- |
A |
A |
A |
Z |
-- |
Z |
|
|
A |
A |
-- |
-- |
A |
A |
A |
||
|
Stables or riding academies, commercial |
C |
C |
-- |
-- |
-- |
-- |
C |
|
|
Stables, personal use |
-- |
A |
C |
C |
C |
-- |
-- |
|
|
Urban agriculture, low-impact1 |
P |
Z |
CUP |
CUP |
Z |
Z |
Z |
|
|
Urban agriculture, high-impact1 |
P |
CUP |
CUP |
CUP |
CUP |
CUP |
CUP |
|
|
Commercial and Service Uses, Limited |
||||||||
|
Health services |
-- |
-- |
C |
-- |
-- |
-- |
-- |
|
|
Institutional and other nonprofit uses that serve residents located above the toe of the hill1 line, or whenever and to the same extent like commercial uses would be permitted |
-- |
-- |
C |
-- |
-- |
-- |
-- |
|
|
-- |
C |
-- |
-- |
-- |
-- |
-- |
||
|
Neighborhood stores and services, predominantly to serve the unmet agricultural and other needs of the population located above the toe of the hill1 line, that cannot be practicably met outside the area |
-- |
-- |
C |
-- |
-- |
-- |
-- |
|
|
Nurseries at which sales are limited to horticultural material grown on the premises |
-- |
Z |
-- |
-- |
Z |
Z |
Z |
|
|
Public and Quasi-Public Uses |
||||||||
|
Cemeteries, crematoriums, mausoleums and columbarium |
-- |
C |
-- |
-- |
-- |
C |
-- |
|
|
Cemeteries, not including crematoriums, mausoleums or columbarium |
-- |
-- |
C |
-- |
C |
-- |
-- |
|
|
City and other government facilities and infrastructure including public utility or service facilities, not exempted from local regulation by state or federal law |
P |
P |
C4 |
C4 |
P |
P |
P |
|
|
Public or quasi-public use1 not including: corporation/contractor/fleet/service yards1 and warehouses1 or any use specifically listed in this table as a permitted, zoning administrator or prohibited use |
C |
C |
-- |
-- |
C |
-- |
C |
|
|
Recreation and Open Space Uses |
||||||||
|
Accommodations for short-term occupancy and for provision of food or drink (e.g., low intensity campgrounds and picnic facilities) predominantly for persons engaged in outdoor recreation or nature observation |
P |
C |
C |
-- |
C |
C |
C |
|
|
Nature observation activities and wildlife refuges |
P |
P |
P |
P |
P |
P |
P |
|
|
Parks, public |
P |
P |
P |
P |
P |
C |
P |
|
|
Recreation, indoor |
P |
-- |
-- |
-- |
-- |
-- |
-- |
|
|
Recreation, outdoor excluding amusement theme parks, drive-in movie theaters, motor vehicle tracks and courses |
P |
C |
C |
C |
C |
C |
C |
|
|
Recreation areas for use by a homeowner’s association including limited recreation and/or clubhouse structures |
-- |
-- |
-- |
-- |
P |
P |
-- |
|
|
Restaurants, cafes, food service, gift shops, visitor centers, and other similar commercial uses ancillary to permitted uses |
A |
C |
-- |
-- |
-- |
C |
C |
|
|
Residential Uses |
||||||||
|
Residential, single-family |
P3 |
Z |
C |
C |
Z |
-- |
-- |
|
|
Residential, caretaker quarters1 |
P |
Z |
-- |
-- |
-- |
-- |
-- |
|
|
Residential, dwelling clusters or dwelling groups1 |
P3 |
-- |
C |
C |
Z |
-- |
-- |
18.55.040(b)(6) 18.190.130 |
|
Residential, dwelling units for persons employed on the parcel or on a ranch or farm that includes the parcel |
-- |
Z |
Z |
Z |
-- |
-- |
-- |
|
|
Residential, accessory dwelling unit |
-- |
A5 |
A5 |
A5 |
A5 |
-- |
-- |
|
|
Residential, junior accessory dwelling unit |
-- |
A |
A |
A |
A |
-- |
-- |
|
|
Rooming and boarding of not more than two persons |
-- |
A |
A |
A |
A |
-- |
-- |
|
|
Other Uses |
||||||||
|
-- |
A |
-- |
-- |
A |
-- |
-- |
||
|
P3 |
P |
P |
P |
P |
-- |
-- |
||
|
Structures for storage of equipment used for permitted uses on site |
A |
A |
C |
C |
A |
A |
A |
|
|
Uses in historic structures incidental to preserving the structures and their historic qualities and setting, which are listed on the national, state or local list of historic resources |
P |
C |
C |
C |
C |
C |
C |
|
|
Other accessory or ancillary uses1 customarily appurtenant to a permitted use, not listed above |
A |
A |
C |
C |
A |
A |
A |
|
1 Term is defined in Chapter 18.25.
2 Uses may be allowed unless precluded by open space easements or other restrictions.
3 Permitted where homes exist on land acquired for park purposes.
4 Only when the use is limited to meeting the needs created by uses permitted above the toe of the hill1 line, unless the city council reasonably finds more extensive public need cannot practicably be met below the toe of the hill1 line; provided, that this exception for more extensive public need shall not apply to waste treatment and disposal or commercial electrical power generating facilities.
5 A ministerial design review permit may be required.
(Ord. 16-2015 § 35, 6-2-15; Ord. 27-2016 § 16, 12-6-16; Ord. 01-2017 § 6, 1-3-17; Ord. 09-2020 § 4, 10-6-20; Ord. 05-2021 § 23, 4-20-21.)
[Notes Applicable to Chapter 18.55]
1 This term is defined in Chapter 18.25.