Ione Municipal Code § 17.28.030 Downtown residential overlay district

The overlay zoning districts established in this chapter are designed to supplement the use regulations and/or development standards of the applicable underlying base zoning district by recognizing distinctive areas of the city that have special and unique social, architectural, or environmental characteristics that require special considerations not otherwise adequately provided by the underlying base zone applicable to the property. The application of these overlay zoning districts emphasizes the need for special attention in planning projects in the area governed by the overlay.

The provisions of this chapter shall apply to all parcels of land located within the designated boundaries of an overlay district as illustrated on maps contained in this chapter and on the city zoning map. On the zoning map, overlay zoning districts shall be designated by their representative symbol along with the base zoning district in a format determined by the city planner. In the event of a conflict with the regulations of the underlying base zoning district and the overlay zoning district, the provisions of the overlay zoning district shall apply. This district is consistent with and implements the city's general plan special planning land use designation as shown in Table 17.20.020-1 (Zoning districts).

(Ord. No. 528, 2-15-2022)

A. Purpose and intent. The purpose of the historic overlay (H) zoning district is to establish an area in the city specifically for the protection, enhancement, and preservation of the historic downtown. The historic overlay (H) zoning district is intended to be a special place with unique historical and aesthetic interest and value. It will enhance the cultural and economic standing of the city by preserving its unique architectural heritage. This overlay district supplements the provisions of the underlying base zoning district(s) for the special purposes identified herein. Where there is conflict between this overlay district and the underlying base district, the overlay district regulations prevail.

B. Applicability.

1. The historic overlay (H) zoning district standards are applicable to those properties zoned with the historic overlay (H) zoning district. Such properties generally fall within Ione's downtown, on the portion of Main Street situated between the intersection of Ione Street on the east and Sacramento Street on the west. The historic overlay (H) zoning district provides design standards and guidelines, but does not establish allowed uses that are distinct from the base zoning district; therefore, when a property is located in the historic overlay (H) zoning district, the allowed use regulations of the base zoning district shall prevail. The historic overlay district (H) builds on the base zoning district setback and height regulations, and it only establishes provisions for design and signage. In some cases, these design provisions may contradict and as such shall prevail over the development standards of the base zoning district. The historic overlay (H) zoning district is primarily targeted at development and design standards and guidelines. When there is a conflict between the base zoning district and the overlay zoning district, or when the historic overlay (H) zoning district provides development standards the base zoning district is silent on, the regulations of the historic overlay (H) zoning district shall prevail.

2. Architectural Design Review Required. All development and redevelopment of property within the historic overlay (H) zoning district requires architectural design review as provided in Section 17.10.100 (Architectural design review for historic overlay). Architectural design review occurs at one of two levels: Administrative architectural design review or comprehensive architectural design review. The distinctions between these levels of review are as defined in Section 17.10.100 (Architectural design review for historic overlay).

3. Exemption for Residential Development. The design provisions of the historic overlay (H) zoning district, including the requirement for architectural design review, are applicable to all types of development in the historic overlay (H) zoning district. However, those buildings used exclusively and solely for residential uses (e.g., single family residential) are hereby exempted from the requirement of architectural design review. Buildings that provide for the mixing of residential and non-residential uses in a single structure (e.g., mixed use) do not qualify for this exemption.

C. Development Standards. Development within the historic overlay (H) zoning district shall comply with the development standards contained in the downtown master plan as adopted by resolution of the city council.

(Ord. No. 528, 2-15-2022)

A. Purpose and Intent. The purpose of the downtown residential overlay (DR) zoning district is to recognize and validate existing residential structures that were constructed prior to adoption of current zoning regulations and development standards. This overlay district supplements the provisions of the underlying base zoning district(s) for the special purposes identified herein. Where there is conflict between this overlay district and the underlying base district, the overlay district regulations prevail.

B. Applicability.

1. Location. The downtown residential overlay (DR) zoning district standards are applicable to those properties zoned with the downtown residential overlay (DR) zoning district. Such properties are generally south of Sutter Creek, east of Mill Street, north of Washington Street, and west of El Dorado Street, including those properties north of West Market Street and East Market Street (generally abutting the historic downtown overlay zoning district) and excluding those properties zoned central business district (C-2) and heavy commercial (C-3).

2. Existing residential structures. This section applies to existing residential structures with a base zoning of R-1a, R-1b, or CT, as defined in Section 17.28.030(C)(1).

3. Existing vacant properties. This section applies to existing vacant properties with a base zoning of R-1a or R-1b.

4. Uses. When a property is located in the downtown residential overlay (DR) zoning district, it is subject to the allowed use regulations of the base zoning district.

C. Definitions.

1. Existing residential structures. For purposes of this section, existing residential structure means an existing primary residential structure, secondary residential structure, or accessory structure within the downtown residential overlay (DR) zoning district that were in existence or for which a valid building permit had been obtained as of the effective date of this section and were not known to have been constructed or modified in conflict with the city's zoning, building, or other requirements.

2. Repair and maintenance. For purposes of this section, repair and maintenance includes all typical maintenance and repair as may be required, including both interior and exterior maintenance, repair, renovation and/or improvement, which do not materially alter the exterior structure or increase the size of the structure or its appurtenances.

3. Reconstruction. For purposes of this section, reconstruction means the substantial rebuilding of a structure which was damaged or destroyed through an unanticipated event.

4. Expansion. For purposes of this section, expansion means an increase in the square footage of an existing residential structure or an increase in or the addition of appurtenances such as porches and decks.

D. Repair and maintenance, reconstruction, expansion, and new construction.

1. Repair and maintenance. For the purposes of this section, repair and maintenance of an existing residential structure does not trigger the need to comply with parking requirements, setbacks and required separations between structures as defined in Section 17.22.040 of the Ione Municipal Code.

2. Reconstruction. For the purposes of this section, in the event of damage to or destruction of an existing residential structure, reconstruction within the previously existing footprint does not trigger the requirement to comply with parking requirements, setbacks, or required separation between structures as defined in Section 17.22.040 of the Ione Municipal Code.

3. Expansion. For the purposes of this section, expansion of an existing residential structure is allowed, subject to the development standards set forth in Table 17.28.030-1, below, and subsection E, parking, below.

Table 17.28.030-1: Development Standards for the Downtown Residential Overlay (DR) Zoning District

1. Minimum setbacks and construction standards for fire-rated walls shall apply as prescribed in the city-adopted building code and other applicable regulations.

2. No structure shall be located within the clear vision triangle as defined by this title.

3. Minimum lot size requirement is for the creation of new lots only. All existing lots as of the date of adoption of this section shall be deemed legal lots and may be used and developed consistent with the development standards of this title.

4. Allowed residential densities shall be consistent with the underlying general plan land use designations for the property; however, consistent with the underlying base zoning district, each legal lot within the downtown residential overlay (DR) zoning district shall be permitted one single-family residence, regardless of existing parcel size.

5. The height of any accessory structure shall not exceed the height of the primary structure.

E. Parking. The following parking standards shall apply to the downtown residential overlay (DR) zoning district:

1. New single-family dwellings shall provide at least one uncovered, covered, or enclosed off-street parking space (e.g., driveway or garage), for each 1,000 square feet of primary structure, or fraction thereof;

2. All other uses shall provide off-street parking as required under Chapter 17.40 (Parking).

3. Existing dwelling units without off-street parking shall be deemed conforming with downtown residential overlay (DR) zoning district parking standards.

(Ord. No. 528, 2-15-2022)