§ 2.09 — Cypress Zoning Code | GoCodebook Library

2.09.010. Purpose of section. ¶

This section provides guidance for development and new land uses in addition to the standards and regulations of the primary zoning district, where important area, neighborhood, or site characteristics require particular attention in project planning. (Ord. No. 1062, § 2(Exh. A), 11-25-04)

2.09.020. Applicability of overlay district provisions. ¶

A. Map symbols established by section 2.03.020 . The applicability of any overlay zoning district to specific sites is illustrated by the overlay zoning map symbol established by section 2.03.020 (Zoning Districts Established).
B. In addition to other requirements. The provisions of this section apply to development and new uses in addition to all other applicable requirements of this zoning ordinance.
C. In the event of a conflict. In the event of any conflict between the provisions of this section and any other provision of this zoning ordinance, this section shall control.
D. Purposes of individual districts. The purposes of the individual overlay/combining zoning districts and the manner in which they are applied are identified in sections 2.09.030 and 2.09.040 , below.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)

2.09.030. Civic center overlay zoning district (CC). ¶

A. Purpose. The CC (Civic Center) overlay zoning district is established to provide a district designed to protect the public interest in major public development projects, and at the same time to protect private interests in the peripheral area by creating an environment compatible with the purpose of the public development.
B. Use regulations.
1. Any use allowed in the underlying zoning district as either a permitted use or conditionally permitted use shall be allowed in the CC overlay zoning district, subject to the requirements of the underlying zoning district.
2. A conditional use permit shall be required for all development proposals where new construction is proposed.
3. Single-family dwellings shall be exempt from the requirement for a conditional use permit.
C. Development standards.
1. The development standards applicable to the underlying zoning district of the subject property shall apply to developments within the CC overlay zoning district, except as otherwise provided in subparagraph 2., below.
2. Performance, development, and maintenance standards, including landscaping, screening, and signs, shall be as specified in the conditional use permit.

(Ord. No. 1062, § 2(Exh. A), 11-25-04)

2.09.040. Density overlay zoning district (DI). ¶

A. Purpose.

The DI (density incentive) overlay zoning district is established to regulate development in specific areas within the city which, due to their unique nature, require special consideration to:
- a. Ensure maintenance of the low-density residential character of the area; and
- b. Accommodate larger parcels of land that are either existing or newly combined.
The DI zoning district is also intended to provide for the option of multi-family residential development through a density bonus for combining parcels.

B. Applicability. The regulations provided for in this section shall be in addition to those applicable to the underlying zoning district of the subject property.
C. Land use regulations.
1. Allowed land uses. Table 2-18 indicates the uses allowed within the DI overlay zoning district, and the land use permit required to establish each use, in compliance with article 4 (Land Use and Development Permit Procedures).
2. Prohibited land uses. Any table cell with a "—" means that the listed land use is prohibited in that specific zoning district.
3. Land uses not listed. For land uses not listed in table 2-18, the provisions of subsection 4.19.030 (Director's review) shall apply.
4. Design review required. All construction activities (e.g., additions, alterations, construction, reconstruction, or remodeling) shall require design review approval in compliance with subsection 4.19.060 (Design review).
5. Applicable subsections. Where the last column in the tables ("See Section") includes a subsection number, the regulations in the referenced section apply to the use; however, provisions in other sections of this zoning ordinance may also apply.

TABLE 2-18 ALLOWABLE USES AND PERMIT REQUIREMENTS FOR THE DI OVERLAY ZONING DISTRICT

TABLE 2-18 ALLOWABLE USES AND PERMIT REQUIREMENTS FOR THE DI OVERLAY ZONING DISTRICT
Key to Table
P	Permitted Use
C	Conditional use — Conditional Use Permit required (See Subsection4.19.070)
"—"	Use not allowed
TUP	Temporary Use Permit

Land Use	Permit Requirements	Permit Requirements
	DI	See Section
Education, Public Assembly, and Religious Facilities
Convents, Monasteries, Nunneries, Parsonages, or Places of Worship	C
Educational Institutions, Private or Public	C
Libraries	C
Museums	C
Public/Semi Public Facilities
Public Utility Substations, Reservoirs, or Pumping Plants, not including Offces	C
Recreation Facilities, Public or Private	C
Residential
Accessory Structures	P	3.17.020
Dwelling Group (on-site; 2 acres or greater in area)	C
Home Occupations	P	3.17.100
Model Homes or Subdivision Sales Offces	C
Multi-Family Dwelling Units (not more than 3 units)	P
Multi-Family Dwelling Units (over 3 units)	C
Single-Family Dwelling Units	P

Land Use	Permit Requirements	Permit Requirements
	DI	See Section
Services
Community Care Facilities	C	3.17.060
Day Care Centers	C	3.17.050
Day Care Homes, Large	P	3.17.050
Day Care Homes, Small	P	3.17.050
Temporary Uses/Activities	TUP (1)	4.19.040

Notes:

(1) Special use conditions and/or development standards apply.

D. Development standards.
1. Table 2-19 identifies the development standards applicable to all development within the DI (density incentive) overlay zoning district. Where these standards are in conflict with those of the underlying zoning district, these standards shall govern. Where a standard is not stated for the DI overlay zoning district, the standards for the underlying zoning district shall govern.
2. Multi-family dwelling units containing more than three units shall provide landscape coverage over a minimum of 40% of the entire site. An automatic irrigation system shall be provided and shall be maintained at all times in compliance with section 13 (Landscaping).

TABLE 2-19 DI OVERLAY ZONING DISTRICT DEVELOPMENT STANDARDS
Development Standards	Zoning District DI
Minimum Parcel Size	13,000 square feet
Minimum Structure Site required for each Multi-Family Dwelling Unit	3,950 square feet
Minimum Parcel Width	100 feet
Minimum Parcel Depth	130 feet
Setbacks Required
Front	20 feet
Side (interior, each)	5 feet for single story and 10 feet for two story
Street	10 feet
Rear	20 feet
Maximum Parcel Coverage by Structures	40%
Maximum Structure Height	35 feet
Minimum Dwelling Unit Size	450 square feet for Bachelor Unit
	600 square feet for 1-Bedroom Unit
	750 square feet for 2-Bedroom Unit
	900 square feet for 3-Bedroom Unit
Minimum Distance Between Structures on the Same Parcel	10 feet

TABLE 2-19 DI OVERLAY ZONING DISTRICT DEVELOPMENT STANDARDS
Development Standards	Zoning District DI
Fences/Walls/Hedges	See Subsection3.11.060(Fences, Walls, and Hedges)
Motor Vehicle Parking	See Section14(Off-Street Parking and Loading) and Subsection2.09.040E.
Satellite Antennae	See Section16(Wireless Communications)
Signs	See Section15(Signs)

E. Off-street parking requirements. Each land use allowed in the DI overlay zoning district shall provide at least the minimum number of off-street parking spaces required by this subsection, except where a greater number of spaces are required through land use entitlement approval or where an exception has been granted through approval of a discretionary permit.
1. Parking requirements by land use. Each land use shall be provided the number of parking spaces required by this subsection and table 2-20, below.
2. Compliance with section 14 required. All sites shall provide adequate off-street parking for the subject use in compliance with section 14 (Off-Street Parking and Loading).
3. Expansion of structure, change in use. When a structure is enlarged or increased in capacity or inten-sity, or when a change in use requires more off-street parking, additional parking spaces shall be provided in compliance with this subsection. Also see section 25 (Nonconforming Uses, Structures, and Parcels).
4. Multi-tenant sites. A site with multiple tenants shall provide the aggregate number of parking spaces required for each separate use; except where the site was developed comprehensively as an integrated center, the parking ratio shall be that required for the center as determined through land use entitlement approval.
5. Parking required by entitlements and/or development agreements. Parking requirements established by conditional use permits, development agreements, or similar entitlements supersede the provisions of this subsection.

Uses not listed. Land uses not specifically listed in table 2-20, below, shall provide parking as required by the director. The director shall use the requirements of table 2-20 as a guide in determining the minimum number of parking spaces to be provided.
1. Rounding of quantities. If the calculation of required parking spaces results in a fractional number, a fraction of one-half or higher shall be rounded up to the next whole number.
2. Company-owned vehicles. The number of parking spaces required by this Subsection does not generally include spaces needed for the parking of company-owned vehicles. Parking spaces for companyowned vehicles shall be provided in addition to the requirements for a particular land use.

TABLE 2-20 DI OVERLAY ZONING DISTRICT PARKING REQUIREMENTS
Use	Vehicle Spaces Required
*Education, Public Assembly, and Religious Facility Uses*
Convents, monasteries, nurseries, parsonages, and places of worship	1 space for every 3 fxed seats in the main assembly room; where no fxed seats are provided, 1 space for every 20 square feet in the main assembly room.

TABLE 2-20 DI OVERLAY ZONING DISTRICT PARKING REQUIREMENTS
Use	Vehicle Spaces Required
Educational institutions, private or public
Elementary or Junior high schools	2 spaces for each classroom
High schools	7 spaces for each classroom
Colleges or universities	3/4 space for each full-time student, less the number of spaces provided for student housing (dormitories).
*Public/Semi Public Facility Uses*
Libraries	1 space for each 300 square feet of gross foor area
Museums	1 space for each 300 square feet of gross foor area
Recreation facilities, public or private	1 space for every 3 persons served, based on the maximum anticipated capacity of all facilities capable of simultaneous use, as determined by the Director.
*Residential Uses*
Dwelling group	As determined by the Conditional Use Permit.
Model homes or subdivision sales offces	As determined by the Conditional Use Permit.
Multi-family dwelling units, including duplexes, condominiums and townhouses (2 or more dwelling units on one site.)	Bachelor unit: 1 garage space for each dwelling unit
	One-bedroom unit: 1 garage space for each dwelling unit
	Two-bedroom unit: 2 garage spaces for each dwelling unit
	Three- or four-bedroom unit: 2 garage spaces for each dwelling unit
	Five-bedroom unit: 2 or 3 garage spaces, but no less than fve total spaces per unit, including guest spaces
Guest parking	2 unassigned open spaces for each dwelling unit on site.
Single-family dwelling units, detached and attached
Units with up to and including 3 bedrooms	2-vehicle garage for each dwelling unit.
Units with over 3 bedrooms	3-vehicle garage for each dwelling unit.
Single-family dwelling units, small-lot development, detached and attached	2-car garage plus 2 open spaces for each dwelling unit. The open spaces may be located on the driveway leading to the garage.
Guest parking	1 unassigned open space for each dwelling unit.
*Service Uses*
Community care facilities	1/2 space for each bed.

TABLE 2-20 DI OVERLAY ZONING DISTRICT PARKING REQUIREMENTS
Use	Vehicle Spaces Required
Day care centers (1)	1 space for each employee on the largest shift, plus 1 space for every 10 children for which the facility is licensed.
Day care homes, large	1 space for each 3 children, plus permanent drop-off area as approved by the Director.
Temporary Uses/Activities	As determined by the Temporary Use Permit.

Notes:

(1) Day care facilities shall pay for a parking study to be conducted by the city or its designee. A parking plan will then be approved for each facility based on the study.

(Ord. No. 1062, § 2(Exh. A), 11-25-04; Ord. No. 1074, § 1, 5-22-06)

2.09.050. Applicable regulations. ¶

All uses shall be subject to the applicable regulations of this zoning ordinance, including provisions located in the following sections and subsections:

Adjustments	Subsection4.19.050
Conditional Use Permits	Subsection4.19.070
Design Review	Subsection4.19.060
Home Occupations	Subsection3.17.100
Landscaping	Section13
Nonconforming Uses, Structures, and Parcels	Section 25
Off-Street Parking and Loading	Section14
Signs	Section15
Temporary Use Permits	Subsection4.19.040
Variances	Subsection4.19.080

(Ord. No. 1062, § 2(Exh. A), 11-25-04)