Ione Municipal Code Ch. 17.20 Establishment of Zoning Districts and Land Use Classification System

This chapter establishes the framework of zoning districts within the City of Ione and their relationships to the city's general plan land use categories. This chapter also establishes the zoning map as the official designation of zoning district boundaries.

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

Zoning districts are established in order to classify, regulate, restrict and segregate the uses of land and buildings; to regulate and restrict the height and bulk of buildings; to regulate the area of yards and other open spaces about buildings; and to regulate the density of population; for these purposes, classes of land use zones are established.

The City of Ione is divided into zoning districts that are generally grouped into three categories: A) base zoning districts, B) special purpose zoning districts, and C) overlay zoning districts. These districts implement the city's general plan land use categories as described in Table 17.20.020-1 (Zoning districts). Each zone is further defined and regulated in subsequent chapters of this article.

A. Base zoning districts. The base zoning district is the primary zoning district that applies to a property. Every parcel throughout the city has a base zoning district that establishes the primary type and intensity of land use for the parcel and provides development regulations for that particular type and intensity of land use. Base districts are grouped into three categories as follows:

1. Agricultural and residential zoning districts;

2. Commercial and industrial zoning districts;

3. Public/quasi public districts.

B. Special purpose zoning districts. The special purpose zoning district supplements the base zoning district to allow for more flexibility from the standard provisions of the underlying base zoning district. Special purpose zoning districts are grouped into two categories as follows:

1. Specific plan zoning districts;

2. Planned development zoning districts;

C. Overlay zoning districts. An overlay zoning district supplements the base zoning district for one or more of the following purposes:

1. When special provisions are needed to protect unique site features or implement location-specific provisions; and/or

2. To specify a particular standard or guideline for an area.

D. In the event of a conflict between the regulations of the base zoning district and the special purpose zoning district, the provisions of the special purpose zoning district shall apply.

E. When an overlay zoning district is silent on allowed use provisions, the allowed use provisions of the base zoning district shall prevail. In the event of a conflict between the regulations of the base zoning district and the overlay zoning district, the provisions of the overlay zoning district shall apply.

Table 17.20.020-1: Zoning Districts

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

Except as provided in this title:

A. No building shall be erected, and no existing building shall be moved, altered, added to or enlarged, nor shall any land, building or premises be used, designed or intended to be used for any purpose or in any manner other than listed in this title, or amendments thereto, as permitted in the zones in which such land, building or premises is located.

B. No building shall be erected nor any existing building be moved, reconstructed or structurally altered to exceed in height the limit established by this title, or amendments thereto, for the zone in which such building is located.

C. No building shall be erected nor shall any existing building be moved, altered or enlarged or rebuilt, nor shall any open spaces surrounding any building be encroached upon or reduced in any manner except in conformity with the building-site requirements and the area and yard regulations established by this title, or amendments thereto, for the zone in which such building is located.

D. No yard or other open space provided about any building for the purpose of complying with the regulations of this title, or amendments thereto, shall be considered as providing a yard or open space for any other building or structure.

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

The city council hereby adopts the City of Ione Zoning Map (hereafter referred to as the "zoning map") as the official designation of zoning district boundaries on real property within the city. The zoning map shall be regulated as set forth:

A. Incorporated by Reference. The zoning map is hereby incorporated into this zoning code by reference as though it were fully included.

B. Relationship to the General Plan and Other Plans. The zoning map shall implement and shall be consistent with the city's adopted general plan. The zoning map shall be specifically consistent with the general plan land use plan and the roadway sizing diagram, and any adopted specific plans or planned developments.

C. Zoning District Symbol. Zoning districts shall be illustrated on the zoning map as follows:

1. Each base zoning district shall be described on the zoning map by use of its identified zoning district symbol, as listed in Table 17.20.020-1 (Zoning Districts).

2. Special purpose zoning districts shall be delineated with a name, number, symbol, or other delineation, as determined by the city planner, which distinguishes it from other special purpose zones, base zoning districts, or overlay zones. The assignment of the special purpose designation serves to provide a reference to the corresponding special purpose zoning document (e.g., specific plan, planned development) adopted by ordinance of the city council.

3. Overlay zoning districts shall be designated by their representative symbol along with the base zoning district in a format determined by the city planner.

D. Zoning map interpretation. If there is uncertainty about the location of any zoning district boundary shown on the zoning map, the precise location of the boundary shall be determined by the city planner as follows:

1. Where such boundaries are indicated as approximately following street and alley lines or lot lines, such lines shall be construed to be such boundaries.

2. In unsubdivided property or where a zone boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions, shall be determined by use of the scale appearing on the map.

3. In case any uncertainty exists, the planning commission shall determine the location of boundaries.

4. Where any public street or alley is officially vacated or abandoned, the regulations applicable to abutting property shall apply to such vacated or abandoned street or alley.

5. Where any private right-of-way or easement of any railroad, railway, canal, transportation or public utility company is vacated or abandoned, the regulations applicable to abutting property shall apply to such vacated or abandoned property.

6. All property in the city not otherwise classified, and all property hereafter annexed and not zoned upon annexation, is classified as R-1a zone.

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

In order to simplify land use regulations, land uses listed in this article and throughout this title have been grouped into general categories on the basis of common function, product, or compatibility characteristics. These general allowed use categories are called "use classifications." Use classifications describe one or more uses having similar characteristics but do not list every use or activity that may appropriately be within the classification. Each land use is described in Chapter 17.310 (Allowed use definitions).

The following rules apply to use classifications:

A. Special use regulations. Additional use regulations for special land uses are listed in Article IV (Standards for specific residential uses) and Article V (Standards for specific non-residential uses).

B. Uses not listed. Land uses that are not listed in the zoning district tables are not allowed, except as otherwise provided for in this title.

C. Illegal uses. No use that is illegal under local, state, or federal law shall be allowed in any zoning district within the city.

D. Special purpose zoning district. When a property is located within a special purpose zoning district, the allowed use provisions of that special purpose zoning district shall prevail. When a special purpose zoning district is silent on allowed use provisions, it defers the allowed use provisions to the base zoning district. Only where there is a conflict do the special purpose zoning district provisions prevail.

E. Similar uses. When a use is not specifically listed in this Code, it shall be understood that the use may be permitted if the city planner determines that the use is similar to other uses listed based on established criteria and required findings outlined in Section 17.20.070 (Similar use determination). It is further recognized that every conceivable use cannot be identified in this title and, anticipating that new uses will evolve over time, the city planner may make a similar use determination to compare a proposed use and measure it against those uses listed.

F. Overlay zoning district. When a property is located within an overlay zoning district that regulates the allowed use provisions of that subject property, the allowed use regulations of the overlay zoning district shall prevail. When an overlay zoning district is silent on allowed use provisions, it defers to the allowed use provisions of the base zoning district. Where there is a conflict between the base zoning district and the overlay zoning district, the regulations of the overlay zoning district shall prevail.

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

Zoning district allowed use tables throughout this Article (Tables 17.22.030-1, 17.24.030-1, and 17.25.030-1) identify allowed land use and permit requirements in each of the city's base zoning districts. Generally, a use is allowed by right, allowed through issuance of a conditional use permit, or not permitted. In addition to the permit requirements of this title, other permits may be required prior to establishment of the use (e.g., building permit). The permitting requirements identified in these tables are:

A. Permitted (P). A land use shown with a "P" indicates that the land use is permitted by right in the designated zoning district, subject to compliance with all applicable provisions of this zoning code (e.g., development standards, site plan review).

B. Conditional (C). A land use shown with a "C" indicates that the land use is permitted in the designated zoning district upon issuance of a conditional use permit from the decision-making authority, subject to compliance with all applicable provisions of this zoning code (e.g., development standards, site plan review).

C. Not permitted ("N"). A land use shown with an "N" in the table is not allowed in the applicable zoning district. Additionally, uses not shown in the table are not permitted.

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

When a use is not specifically listed in this title, it shall be understood that the use may be permitted if the city planner determines that the use is similar to other uses listed. It is further recognized that every conceivable use cannot be identified in this title and, anticipating that new uses will evolve over time, this section establishes the city planner's authority to compare a proposed use and measure it against those uses listed in this title for determining similarity. In determining "similarity" the city planner shall make all of the following findings:

A. The characteristics of, and activities associated with the proposed use, are equivalent to one or more of the listed uses, and will not involve a higher level of activity or population density than the uses listed in the district;

B. The proposed use will be consistent with the purposes of the applicable zoning district; and

C. The proposed use will be consistent with the general plan and any applicable specific plan.

Determinations shall be made in writing and shall contain the facts that support the determination. The department shall maintain all such determinations on record at the public counter for review by the general public. All recorded determinations shall be provided to the planning commission, city council, city manager, city attorney, and city clerk. The city planner's decision may be appealed as provided in Section 17.08.060 (Appeals). Interpretations shall be made consistent with the provisions outlined in Chapter 17.12 (Interpretation).

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