Chapter 17.61 — DOWNTOWN RESIDENTIAL OVERLAY DISTRICT

Sections:

• 17.61.010 Purpose 17.61.020 Definitions 17.61.030 Land subject to mixed use classification 17.61.040 Zoning compatibility 17.61.050 Development standards 17.61.060 Flexibility 17.61.070 Senior projects 17.61.080 Exterior appearance

The downtown residential overlay district is established to encourage residential development as part of a mixed use development throughout the downtown area. New residential development and the rehabilitation of existing structures are encouraged both to meet housing needs and to provide support for the growth of downtown businesses.

As used in this chapter:

Mixed land use . “Mixed land use” means a development on a parcel of land consisting of commercial and/or office space uses with residential uses above them in the downtown area. The development may consist of:

• A. One (1) or two (2) floors of commercial and/or office use and a second (2[nd] ) and third (3[rd] floor of residential use; or

• B. Limited ground floor residential development if compatibility is determined with the neighborhood or other commercial development.

The mixed use classification may be superimposed only on those lands classified C-2 within the downtown area.

Mixed land use projects shall be permitted with a conditional use permit either as a principal use or as part of a mixed use project.

City of Dinuba Zoning Ordinance

September 2008 17.61-1

The following minimum development standards shall apply in the downtown residential overlay district, subject to review by the planning commission:

• A. Lot Area. The minimum lot size shall be three-thousand, seven-hundred and fifty (3,750) square feet.

• B. Lot Dimensions. The minimum lot width shall be twenty-five (25) feet and depth of onehundred fifty (150) feet.

• C. Building Height. The maximum building height shall not exceed forty (40) feet or three (3) stories.

• D. Unit Density. The number of residential units allowed in a mixed land use project shall not exceed a maximum density of twenty-four (24) units per acre, or one-thousand, eighthundred and seventy-five (1,875) square feet per unit. All habitable floor area shall contain a reasonable combination of at least two (2) of the following unit types: studio unit, one (1) bedroom apartment and two (2) bedroom apartment.

• E. Dwelling Unit. A unit is any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and sanitation for not more than one family.

• F. Minimum Unit Size Standards. The minimum unit size of residential units in mixed land use proposals shall be:

  1. Studio unit, four-hundred fifty (450) square feet;

  2. One (1) bedroom apartment, six-hundred fifty (650) square feet;

  3. Two (2) bedroom apartment, eight-hundred (800) square feet;

• G. Parking Standards.

  1. Commercial Portion. Comply with the parking provisions of Chapter 17.64 of this title.

  2. Residential Portion.

     • a) One (1) covered parking space designated for studio and one (1) bedroom units;

     • b) Two (2) bedroom units, one designated covered parking space and one (1) additional space.

In the downtown residential overlay district, the planning commission may allow:

City of Dinuba Zoning Ordinance

September 2008 17.61-2

• A. Less than the required combined parking requirements for commercial and residential uses;

• B. Parking on one other site located within three-hundred (300) feet of the proposed use;

• C. Parking district spaces will be permitted to satisfy one-half (1/2) of the required parking;

• D. Shared Parking. Parking facilities may be used jointly with parking facilities for other uses when operations are not normally conducted during the same hours, or when hours of peak use vary. Requests for use of shared parking are subject to the following conditions:

  1. A parking study shall be presented demonstrating that substantial conflict will not exist in the principal hours or periods of peak demand for the uses which the joint use is proposed.

  2. Parking facilities designated for joint use should not be located further than threehundred (300) feet from any structure or use served.

  3. A written agreement shall be drawn by the applicant to the satisfaction of the city and executed by all parties concerned assuring the continued availability of the number of stalls designated for joint use.

• E. In the event that the required off-street parking spaces cannot be provided, an in-lieu fee shall be assessed as established by Resolution 91.09 on a per space cost at the time a building permit is issued. This in-lieu fee shall be deposited into an account for the purpose of providing future public parking facilities which will benefit the proposed use.

Designated senior projects will be allowed flexibility in the standards provided a written agreement is executed between the applicant and the city guaranteeing and maintaining such a complex.

The overall exterior appearance of mixed land use projects shall favor a commercial architectural design.

City of Dinuba Zoning Ordinance

September 2008 17.61-3