Davis Municipal Code/40

Chapter 40 Zoning

40.01.0 IN GENERAL
40.02.0 AGRICULTURAL (A) DISTRICT
40.03.0 RESIDENTIAL ONE-FAMILY (R-1) DISTRICT
40.04.0 RESIDENTIAL ONE AND TWO FAMILY (R-2) DISTRICTS
40.04A.0 RESIDENTIAL ONE AND TWO FAMILY CONSERVATION (R2-CD) DISTRICT
40.05.0 CORE AREA INFILL (C-I) DISTRICT
40.06.0 RESIDENTIAL RESTRICTED (R-R) DISTRICT
40.07.0 RESIDENTIAL ONE AND TWO-FAMILY AND MOBILE HOME (R-2-MH) DISTRICT
40.08.0 RESIDENTIAL GARDEN APARTMENT (R-3) DISTRICT
40.09.0 RESIDENTIAL HIGH DENSITY APARTMENT (R-HD) DISTRICT
40.10.0 RESIDENTIAL TRANSITIONAL (R-T) DISTRICT
40.11.0 INTERIM RESIDENTIAL CONVERSION (RC) ZONE
40.12.0 COMMERCIAL NEIGHBORHOOD (C-N) COMBINING DISTRICT
40.13.0 CORE AREA DESIGN (C-D) COMBINING DISTRICT
40.13A.0 DOWNTOWN AND TRADITIONAL NEIGHBORHOOD OVERLAY DISTRICT
40.14.0 CENTRAL COMMERCIAL (C-C) DISTRICT
40.15.0 MIXED USE (M-U) DISTRICT
40.16.0 AUTO CENTER (A-C) DISTRICT
40.17.0 COMMERCIAL SERVICE (C-S) DISTRICT
40.18.0 COMMERCIAL HIGHWAY (C-H) DISTRICT
40.19.0 INDUSTRIAL ADMINISTRATION AND RESEARCH (I-R) DISTRICT
40.20.0 INDUSTRIAL (I) DISTRICT
40.20A.0 PUBLIC-SEMIPUBLIC (P-SP) DISTRICT
40.21.0 INTERIM STUDY (S) DISTRICT
40.22.0 PLANNED DEVELOPMENT (P-D) DISTRICT
40.23.0 HISTORICAL RESOURCES MANAGEMENT
40.24.0 PERFORMANCE STANDARDS
40.25.0 PARKING AND LOADING AREAS, PUBLIC GARAGES AND PARKING LOTS
40.26.0 SPECIAL USES
40.27.0 EXCEPTIONS AND MODIFICATIONS
40.28.0 NONCONFORMING USES AND STRUCTURES
40.29.0 WIRELESS TELECOMMUNICATION FACILITIES
40.30.0 CONDITIONAL USE PERMITS
40.30A.0 TEMPORARY USES
40.31.0 SITE PLAN AND ARCHITECTURAL APPROVAL
40.32.0 PLANNED UNIT DEVELOPMENT APPROVAL
40.33.0 VARIANCES
40.34.0 PREZONING
40.35.0 APPEALS TO CITY COUNCIL
40.36.0 AMENDMENTS
40.37.0 ENFORCEMENT
40.38.0 SOLAR SHADE CONTROL
40.39.0 ADMINISTRATIVE APPROVALS
40.40.0 ALCOHOL SALES
40.41.0 CITIZEN'S RIGHT TO VOTE ON FUTURE USE OF OPEN SPACE AND AGRICULTURAL LANDS

Chapter 40 Zoning

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40.01.0 IN GENERAL

40.01.010 Definitions.
40.01.020 Purpose of chapter.
40.01.030 Applicability of chapter.
40.01.040 Recognition of opportunities.
40.01.050 Principles followed in preparation of chapter.
40.01.060 Composition of chapter.
40.01.070 Interpretation of chapter; effect of conflicting provisions.
40.01.080 Districts designated.
40.01.090 Zoning map adopted.
40.01.100 Interpretation of boundaries of districts.
40.01.110 Procedure for zoning upon annexation.
40.01.120 Compliance with chapter.
40.01.130 Fees and charges generally.
40.01.140 Time limitations for application and project approvals - Repealed by Ordinance No. 2166
40.01.150 Residential development permit coordination.

40.02.0 AGRICULTURAL (A) DISTRICT

40.02.010 Purpose.
40.02.020 Permitted uses.
40.02.030 Accessory uses.
40.02.040 Conditional uses.
40.02.050 Height regulations.
40.02.060 Area, lot width and yard requirements.
40.02.070 Special requirements.

40.03.0 RESIDENTIAL ONE-FAMILY (R-1) DISTRICT

40.03.010 Purpose.
40.03.020 Permitted uses.
40.03.030 Accessory uses.
40.03.040 Conditional uses.
40.03.050 Height regulations.
40.03.060 Area, lot width, yard and open space requirements.
40.03.070 Special conditions.

40.04.0 RESIDENTIAL ONE AND TWO FAMILY (R-2) DISTRICTS

40.04.010 Purpose.
40.04.020 Permitted uses.
40.04.030 Accessory uses.
40.04.040 Conditional uses.
40.04.050 Height regulations.
40.04.060 Area, lot width and yard requirements.
40.04.070 Special conditions.

40.04A.0 RESIDENTIAL ONE AND TWO FAMILY CONSERVATION (R2-CD) DISTRICT

40.04A.010 Purpose
40.04A.020 Permitted uses
40.04A.030 Accessory uses
40.04A.040 Conditional uses
40.04A.050 Height regulations
40.04A.060 Area, lot width and yard requirements
40.04A.070 Parking
40.04A.080 Special Exceptions for existing legal non-conforming structures
40.04A.090 Design Review

40.05.0 CORE AREA INFILL (C-I) DISTRICT

40.05.010 Purposes.
40.05.020 Applicability of the core area design combining district.
40.05.030 Permitted uses.
40.05.040 Accessory uses.
40.05.050 Conditional uses.
40.05.060 Performance standards for conditional uses.
40.05.070 Height regulations.
40.05.080 Area, lot width, yard, and density requirements.
40.05.090 Parking.
40.05.100 Special Conditions.

40.06.0 RESIDENTIAL RESTRICTED (R-R) DISTRICT

40.06.010 Purpose.
40.06.020 Permitted uses.
40.06.030 Accessory uses.
40.06.040 Conditional uses.
40.06.050 Height regulations.
40.06.060 Area, lot width and yard requirements.
40.06.070 Special conditions.

40.07.0 RESIDENTIAL ONE AND TWO-FAMILY AND MOBILE HOME (R-2-MH) DISTRICT

40.07.010 Purpose.
40.07.020 Permitted uses.
40.07.030 Accessory uses.
40.07.040 Conditional uses.

40.08.0 RESIDENTIAL GARDEN APARTMENT (R-3) DISTRICT

40.08.010 Purpose.
40.08.020 Permitted uses.
40.08.030 Accessory uses.
40.08.040 Conditional uses.
40.08.050 Height regulations.
40.08.060 Area, lot width, open space and yard requirements.
40.08.070 Special conditions.

40.09.0 RESIDENTIAL HIGH DENSITY APARTMENT (R-HD) DISTRICT

40.09.010 Purpose.
40.09.020 Permitted uses.
40.09.030 Accessory uses.
40.09.040 Conditional uses.
40.09.050 Height regulations.
40.09.060 Area, lot width, open space and yard requirements.
40.09.070 Special conditions.

40.10.0 RESIDENTIAL TRANSITIONAL (R-T) DISTRICT

40.10.010 Purpose.
40.10.020 Permitted uses.
40.10.030 Accessory uses.
40.10.040 Conditional uses.
40.10.050 Height regulations.
40.10.060 Open space, floor area ratio and yard requirements.
40.10.070 Special conditions.

40.11.0 INTERIM RESIDENTIAL CONVERSION (RC) ZONE

40.11.010 Purpose.
40.11.020 Permitted uses.
40.11.030 Accessory uses.
40.11.040 Conditional uses.
40.11.050 Height regulations.
40.11.060 Yard requirements.
40.11.070 Special conditions.

40.12.0 COMMERCIAL NEIGHBORHOOD (C-N) COMBINING DISTRICT

40.12.010 Purpose.
40.12.020 Permitted uses.
40.12.030 Accessory uses.
40.12.040 Conditional uses.
40.12.050 Height regulations.
40.12.060 Area requirements.
40.12.070 Special conditions.
40.12.080 Food Store/supermarket/neighborhood grocery store Characteristics

40.13.0 CORE AREA DESIGN (C-D) COMBINING DISTRICT

40.13.010 Purpose.
40.13.020 Applicability.
40.13.030 Pedestrian circulation requirements.
40.13.040 Commercial frontage requirements.
40.13.050 Weather protection requirements.
40.13.060 Parking access requirements.
40.13.070 Architectural and landscape architectural standards and approval.
40.13.080 Special conditions.

40.13A.0 DOWNTOWN AND TRADITIONAL NEIGHBORHOOD OVERLAY DISTRICT

40.13A.010 Purpose
40.13A.020 Applicability.
40.13A.030 Architectural standards and approval

40.14.0 CENTRAL COMMERCIAL (C-C) DISTRICT

40.14.010 Purposes.
40.14.020 Applicability of the core area design combining district.
40.14.030 Permitted uses.
40.14.040 Accessory uses.
40.14.050 Conditional uses.
40.14.060 Performance standards for conditional uses.
40.14.070 Height regulations.
40.14.080 Floor area ratio; yard requirements.
40.14.090 Parking requirements.

40.15.0 MIXED USE (M-U) DISTRICT

40.15.010 Purposes.
40.15.020 Applicability of the core area design in combining district.
40.15.030 Permitted uses.
40.15.040 Accessory uses.
40.15.050 Conditional uses.
40.15.060 Height regulations.
40.15.070 Open space, lot area, yard and residential density.
40.15.080 Lot coverage; floor area ratio requirements.
40.15.090 Parking requirements.
40.15.100 Residential use requirements.

40.16.0 AUTO CENTER (A-C) DISTRICT

40.16.010 Purpose.
40.16.020 Permitted uses.
40.16.030 Accessory uses.
40.16.040 Conditional uses.
40.16.050 Site development standards.
40.16.060 Parking.
40.16.070 Landscaping.
40.16.080 Signage.
40.16.090 Special conditions.

40.17.0 COMMERCIAL SERVICE (C-S) DISTRICT

40.17.010 Purpose.
40.17.020 Permitted uses.
40.17.030 Accessory uses.
40.17.040 Conditional uses.
40.17.050 Height regulations.
40.17.060 Yard requirements.
40.17.070 Special conditions.

40.18.0 COMMERCIAL HIGHWAY (C-H) DISTRICT

40.18.010 Purpose, size and location generally.
40.18.020 Permitted uses.
40.18.030 Accessory uses.
40.18.040 Conditional uses.
40.18.050 Height regulations.
40.18.060 Area, lot coverage and yard requirements.
40.18.070 Special conditions.

40.19.0 INDUSTRIAL ADMINISTRATION AND RESEARCH (I-R) DISTRICT

40.19.010 Purpose.
40.19.020 Permitted uses.
40.19.030 Accessory uses.
40.19.040 Conditional uses.
40.19.050 Height regulations.
40.19.060 Area and yard requirements.
40.19.070 Special conditions.

40.20.0 INDUSTRIAL (I) DISTRICT

40.20.010 Purpose.
40.20.020 Permitted uses.
40.20.030 Accessory uses.
40.20.040 Conditional uses.
40.20.050 Height regulations.
40.20.060 Area and yard requirements.
40.20.070 Special conditions.

40.20A.0 PUBLIC-SEMIPUBLIC (P-SP) DISTRICT

40.20A.010 Purpose
40.20A.020 Permitted uses
40.20A.030 Accessory uses
40.20A.040 Conditional uses
40.20A.050 Height regulations
40.20A.060 Area and yard requirements
40.20A.070 Special conditions

40.21.0 INTERIM STUDY (S) DISTRICT

40.21.010 Purpose.
40.21.020 Permitted uses.
40.21.030 Conditional uses.
40.21.040 Height regulations.
40.21.050 Area, lot width and yard requirements.
40.21.060 Special conditions.

40.22.0 PLANNED DEVELOPMENT (P-D) DISTRICT

40.22.010 Purpose of article.
40.22.020 Applicability.
40.22.030 Regulations established.
40.22.040 Initiation of zone change.
40.22.050 Procedure for applying for district generally.
40.22.060 Contents and approval of preliminary application.
40.22.070 Permitted uses prior to approval of final application.
40.22.080 Final application—Submission.
40.22.090 Same—Contents; approval.
40.22.100 Time limit on planned developments.
40.22.110 Review and findings.
40.22.120 When deemed established; designation on zoning map.
40.22.130 Permitted uses.
40.22.140 Conditional uses.
40.22.150 Commercial residential uses in planned development zoning districts.
40.22.160 Height, area, lot and yard requirements.
40.22.170 Revisions in final planned development application.
40.22.180 Public hearing and notice.
40.22.190 Revocation.
40.22.200 Effect of appeal on tentative subdivision map.

40.23.0 HISTORICAL RESOURCES MANAGEMENT

40.23.010 Purpose.
40.23.020 Applicability.
40.23.030 Definitions.
40.23.040 Historical Resources Management Commission.
40.23.050 Powers and duties.
40.23.060 Davis Register of Historical Resources designation criteria.
40.23.070 Designation Process.
40.23.080 Certificate of Appropriateness.
40.23.090 Certificate of Appropriateness Standards of Review.
40.23.100 Certificate of Appropriateness procedures.
40.23.110 Ordinary maintenance and repair.
40.23.120 Demolition Certificate
40.23.130 Demolition Certificate Findings
40.23.140 Demolition Certificate Procedures
40.23.150 Appeals
40.23.160 Historic Preservation Incentives.
40.23.170 Unsafe or dangerous conditions.
40.23.180 Duty to keep in good repair.
40.23.190 Showing of extreme hardship.
40.23.200 Time Extensions.
40.23.210 Enforcement.

40.24.0 PERFORMANCE STANDARDS

40.24.010 Applicability.
40.24.020 Dangerous or objectionable elements prohibited.
40.24.030 Locations where determinations to be made for enforcement.
40.24.040 Specified.
40.24.050 Use of expert consultants.
40.24.060 Review by planning commission.
40.24.070 Enforcement.
40.24.080 Nonconforming standards.
40.24.090 Commercial residential uses. (Repealed by Ord. No. 1940 § 12.)
40.24.100 Reverse vending machines.
40.24.110 Small collection facilities.

40.25.0 PARKING AND LOADING AREAS, PUBLIC GARAGES AND PARKING LOTS

40.25.010 Compliance with article.
40.25.020 Use of required off-street parking and loading by another building or use.
40.25.030 Joint use of parking or loading space.
40.25.040 Off-street loading spaces required.
40.25.050 Off-street parking spaces required.
40.25.060 In-lieu-of parking payments.
40.25.070 Parking space size and access.
40.25.080 Location of off-street parking.
40.25.090 Number of parking spaces required.
40.25.100 Development and maintenance of parking areas.
40.25.110 Plan of required off-street parking or loading areas.
40.25.120 Exceptions to parking standards for single-family and duplex dwellings.

40.26.0 SPECIAL USES

40.26.010 Accessory Buildings/Structures.
40.26.020 Outdoor advertising, billboards and signs.
40.26.030 Animal feed yards, kennels, stables, etc.
40.26.040 Animal hospitals, etc.
40.26.050 Area required cannot be reduced.
40.26.055 Billiards/pool hall.
40.26.058 Cardrooms.
40.26.060 Cemeteries, crematories, etc.
40.26.070 Circuses and carnivals.
40.26.080 Clotheslines.
40.26.090 Community buildings, clubs, etc., in R districts.
40.26.100 Country clubs and golf courses.
40.26.110 Drive-in theaters.
40.26.120 Fertilizer plants.
40.26.130 Filling stations, automobile service stations, etc.
40.26.132 Garage, patio and yard sales.
40.26.135 Group care homes.
40.26.140 Golf driving ranges.
40.26.150 Home occupations.
40.26.160 Hospitals, churches, etc.
40.26.170 Labor camps.
40.26.180 Landing strips for aircraft; heliports.
40.26.190 Water conservation standards for new construction.
40.26.200 Definitions.
40.26.210 Purpose.
40.26.220 Applicability.
40.26.230 Compliance.
40.26.240 Variances.
40.26.250 Landscaping and screening (commercial zoning districts).
40.26.260 Living groups.
40.26.261 Living groups which are conditional uses.
40.26.262 Living groups which were permitted uses prior to Ord. No. 1737.
40.26.270 Family and group day care homes, nursery schools and day care centers.
40.26.275 Prohibition of Medical Marijuana Dispensaries
40.26.280 Nursing homes.
40.26.290 Poultry and hog farms.
40.26.300 Quarries, mines and gravel pits.
40.26.310 Recreational facilities.
40.26.312 Recreational vehicles used as dwellings.
40.26.320 Shooting clubs.
40.26.330 Stables and paddocks.
40.26.340 Street frontage required.
40.26.350 Swimming and decorative pools.
40.26.360 Tract and subdivision offices, and temporary trailer uses.
40.26.370 Trailers, trailer parks and mobile homes.
380 Standards for mobile homes and manufactured homes in single-family home zoning districts.
40.26.390 Storage of automobiles and other motor vehicles.
40.26.400 Amusement arcades.
40.26.410 Sex oriented businesses.
40.26.420 Drive-through facilities.
40.26.430 Drive-through facilities in the commercial highway (C-H) zone.
40.26.440 Open-Air Vending Machines
40.26.450 Ministerial Secondary Dwelling Units and Guest Houses

40.27.0 EXCEPTIONS AND MODIFICATIONS

40.27.010 Applicability of article.
40.27.020 Existing lots of record.
40.27.030 Height limits.
40.27.040 Area and lot width requirements where public water and sewers unavailable.
40.27.050 Front and street side yards.
40.27.060 Projections into required yards.
40.27.070 Front yards with excessive right-of-way. (Repealed)
40.27.080 Minor modifications.
40.27.090 Uses of the same general character.

40.28.0 NONCONFORMING USES AND STRUCTURES

40.28.010 Applicability of article generally.
40.28.020 Continuing existing uses and structures.
40.28.030 Existing uses which handle hazardous materials.
40.28.040 Conditional uses.
40.28.050 Enlargement, alteration, etc., of nonconforming uses.
40.28.060 Reduction or extension.
40.28.070 Cessation of use.
40.28.080 Methods of determining time for discontinuance of use.
40.28.090 Nonconforming outdoor advertising, billboards and signs.
40.28.100 Nonconforming uses by virtue of performance standards.
40.28.110 Replacement of damaged or destroyed nonconforming structures.
40.28.120 Repair, alteration, and relocation of nonconforming buildings or structures.

40.29.0 WIRELESS TELECOMMUNICATION FACILITIES

40.29.010 Purpose
40.29.020 Authority
40.29.030 Definitions
40.29.040 Overview
40.29.050 Prohibited Projects
40.29.060 Exempt Facilities
40.29.070 Facilities Allowed if Authorized Pursuant to Conditional Use Permit Precedures
40.29.080 Submittal Requirements
40.29.090 Pre-application
40.29.100 General Standards
40.29.110 Height
40.29.120 Setbacks
40.29.130 Landscaping
40.29.140 Design Standards
40.29.150 Signage
40.29.160 Public Hearing and Noticing Radius
40.29.170 Findings for Approval of Telecommunication Projects
40.29.180 Public Health and Safety
40.29.190 Noise
40.29.200 Legal Non-Conforming Uses
40.29.210 Periodic Review
40.29.220 Compliance with FCC RF Radiation Exposure Standards
40.29.230 Implementation and Monitoring Costs
40.29.240 Transfer of Operation
40.29.250 Abandonment
40.29.260 Revocation of Permit
40.29.270 Severability
40.29.280 Use of Outside Consultants
40.29.290 Appeals

40.30.0 CONDITIONAL USE PERMITS

40.30.010 Purpose.
40.30.020 Required.
40.30.030 Considerations in issuing.
40.30.040 Application.
40.30.050 Fee.
40.30.060 Accompanying maps and drawings.
40.30.070 Public hearing and notice.
40.30.080 Issuance.
40.30.090 Expiration.
40.30.100 Effect of denial.
40.30.110 Revocation.

40.30A.0 TEMPORARY USES

40.30A.010 Purpose.
40.30A.020 Allowable temporary uses.
40.30A.030 Application; fee.
40.30A.040 Maps and plans required.
40.30A.050 Authority.
40.30A.060 Required findings.
40.30A.070 Extensions.
40.30A.080 Appeals to planning commission.

40.31.0 SITE PLAN AND ARCHITECTURAL APPROVAL

40.31.010 Creation of design review process.
40.31.020 Purpose.
40.31.030 Findings.
40.31.040 Functions of the planning and building director in the design review process.
40.31.050 Principles to be followed.
40.31.060 Fees and drawings required.
40.31.070 Procedure for action by Planning and Building Department.
40.31.080 Review procedures.
40.31.085 Findings for Approval
40.31.090 Appeals.
40.31.100 Term.

40.32.0 PLANNED UNIT DEVELOPMENT APPROVAL

40.32.010 Purpose of article.
40.32.020 Minimum areas.
40.32.030 Change of zoning district.
40.32.040 Drawings and plans required.
40.32.050 Public hearing.
40.32.060 Planned unit development standards.
40.32.070 Planning commission review and findings.
40.32.080 Action by planning commission; conditions imposed.
40.32.090 Compliance with permit.
40.32.100 Revocation and expiration of development permit.
40.32.110 Extensions of time.

40.33.0 VARIANCES

40.33.010 Purpose of article.
40.33.020 Variance permitting nonconforming use prohibited.
40.33.030 Application; fee.
40.33.040 Maps and drawings required.
40.33.050 Public hearing and notice.
40.33.060 Grounds for variance.
40.33.070 Approval.
40.33.080 Term; transferable.
40.33.090 Appeals to planning commission.
40.33.100 Effect of denial.

40.34.0 PREZONING

40.34.010 Authorized.
40.34.020 Initiation; application fee.
40.34.030 Application.
40.34.040 Public hearings; recommendations of planning commission.
40.34.050 Action by city council.

40.35.0 APPEALS TO CITY COUNCIL

40.35.010 Purpose of appeals.
40.35.020 Filing written notice of appeal; appeals by city councilmen.
40.35.030 Scheduling of appeals.
40.35.040 Fees.
40.35.050 Appeal to stay all proceedings.
40.35.060 Public hearing generally.
40.35.070 Notice of public hearing.
40.35.080 Submission of record of action of administrative officer or advisory body.
40.35.090 Findings of city council.
40.35.100 Action by city council.

40.36.0 AMENDMENTS

40.36.010 Authority.
40.36.020 Application for amendment; fee.
40.36.030 Accompanying maps and data.
40.36.040 Public hearing by planning commission; action by planning commission; appeal to city council.
40.36.050 Public hearing by city council.
40.36.060 Procedure by city council if notice of appeal is filed.
40.36.070 Required findings of city council.
40.36.080 Change by city council in recommendation of planning commission.
40.36.100 Effect of denial.

40.37.0 ENFORCEMENT

40.37.010 Effect of permits issued contrary to chapter; responsibility for enforcement of chapter.
40.37.020 Violations declared unlawful and public nuisance.
40.37.030 Duty of city attorney.
40.37.040 Additional remedies; private nuisance.
40.37.050 Appeal rights.
40.37.060 Remedies cumulative.

40.38.0 SOLAR SHADE CONTROL

38.010 Relation to State Act.
38.020 Purpose.
38.030 Definitions.
38.040 Standards.
38.050 Exemptions.
38.060 Violations and enforcement.

40.39.0 ADMINISTRATIVE APPROVALS

40.39.010 Purpose of article.
40.39.020 Applicability.
40.39.030 Public notice.
40.39.040 Comment period.
40.39.050 Appeals to planning commission.

40.40.0 ALCOHOL SALES

40.40.010 Application for Determination of Public Convenience or Necessity for Sale of Alcohol.
40.40.020 Review of Applications.
40.40.030 Hearing Required.
40.40.040 Expiration; No Transfer of Determination.
40.40.050 Appeal to the City Council.
40.40.060 Revocation.

40.41.0 CITIZEN'S RIGHT TO VOTE ON FUTURE USE OF OPEN SPACE AND AGRICULTURAL LANDS

40.41.010 Purpose and Findings.
40.41.020 Voter Approval.
40.41.030 Exemptions.
40.41.040 Definitions.
40.41.050 Elections.