Lodi Municipal Code Ch. 17.28 Overlay Zoning Districts

This chapter regulates new and existing structures and land uses in the overlay zoning districts established by Section 17.10.020 (Zoning Districts Established). The provisions of this chapter provide guidance for development in addition to the standards and regulations of the primary zoning districts, where important site, environmental, safety, compatibility, or design issues require particular attention in project planning.

(Ord. No. 1869, § 2, 2-20-2013)

The provisions of this chapter apply to proposed land uses and development in addition to all other applicable requirements of this development code. Any perceived conflict between the provisions of this chapter and any other provision of this development code shall be resolved in compliance with Section 17.02.020(D).

A. Mapping of Overlay Districts. The applicability of any overlay zoning district to a specific site is shown by the overlay zoning map symbol established by Section 17.10.020 (Zoning Districts Established), being appended as a suffix to the symbol for the primary zoning district on the zoning map. The overlay districts are applied to property through the rezoning process (Chapter 17.72).

B. Allowed land uses, permit requirements, development standards. Except as may be otherwise provided by this chapter for a specific overlay district:

1. Any land use normally allowed in the primary zoning district by this article may be allowed within an overlay district, subject to any additional requirements of the overlay district;

2. Development and new land uses within an overlay district shall obtain the land use permits required by this article for the primary zoning district; and

3. Development and new land uses within an overlay district shall comply with all applicable development standards of the primary zoning district, except as modified by this chapter.

(Ord. No. 1869, § 2, 2-20-2013)

A. Purpose. The -F100 and -F200 overlay districts are intended to protect people and property from flood hazard risks by appropriately regulating development and land uses within areas subject to flooding. Special regulation is necessary for the protection of the public health, safety and general welfare, and of property and improvements from hazards and damage resulting from floodwaters and to promote the open space conservation element policies of the general plan.

B. Applicability, -F100 Overlay District.

1. Application to Property. The -F100 overlay district is applied to areas within the city prone to flood hazard risks from the 100-year storm event, combined with any primary zoning district as shown on the zoning map and by Section 17.10.020 (Zoning Districts Established).

2. Floodplain Boundaries. The Mokelumne River floodplain is defined as those areas of special flood hazard identified by the Federal Insurance Administration through a scientific and engineering report entitled, "The Flood Insurance Study for the City of Lodi," dated October 2009, with accompanying flood insurance rate maps and any revision thereto, which are adopted by reference and declared to be a part of this section. Maps and data which reflect this delineation are on file at City Hall.

C. Applicability, -F200 Overlay District.

1. Application to Property. The -F200 overlay district is applied to areas within the city prone to flood hazard risks from the two hundred year storm event, combined with any primary zoning district as shown on the zoning map and as established by Section 17.10.020 (Zoning Districts Established).

2. Floodplain Boundaries. The two hundred year floodplain is identified on Figure 8.2, 200-Year Flood Zones, of the city of Lodi general plan safety element.

D. Permit Requirements, -F100 Overlay District. No structure or land shall, after the effective date of the ordinance codified in this chapter, be located, extended, converted or altered within the -F100 overlay zoning district without full compliance with the terms of this chapter, and without having first received a development or construction permit in accordance with the provisions of this title and, for developments requiring use permits, with the provisions of Section 17.12.030.

E. Allowable Land Uses, -F100 Overlay District. Nothing in this subsection is intended to authorize a use not otherwise allowed in the primary zoning district with which the -F overlay district is combined.

1. Permitted Uses Generally, -F100 Overlay District. Unless otherwise prohibited or subject to a use permit in the primary zoning district, the following uses are permitted without a use permit where modification or removal of native vegetation, including trees, is not required:

a. Agriculture;

b. Open space agricultural uses not requiring a closed building such as, orchards, and livestock feeding and grazing;

c. The storage of farm machinery which is readily removable from the area within the time available after flood warning;

d. Recreational: Firmly anchored recreational floating docks; and

e. Modification of Native Vegetation: Where modification or removal of native vegetation is required, such modification or removal may be after obtaining a development permit consisting of written approval from the community development director; provided, that such modifications in the floodplain have been found to be consistent with the general plan.

2. Permitted Uses, -F100 Overlay District—Use Permit and State Approval. Unless otherwise prohibited in the primary zoning district, the following uses may be permitted after approval of a conditional use permit by the city and after approval by the state department of fish and game and the reclamation board of the state; provided, that as determined by said reclamation board, a combination of such uses within the floodplain does not materially increase the flood height of the intermediate regional floodplain; and provided further, that as determined by the state department of fish and game, full mitigation measures will be used to protect and enhance the trees, native plant materials and wildlife in the floodplain, in accordance with good fish and game practices and in accordance with the following:

a. Residential dwellings on existing undeveloped lots in subdivisions approved before January 1, 1977;

b. Outdoor recreational facilities:

i. Campgrounds;

ii. Boating facilities;

iii. Parks;

iv. Golf courses or driving ranges;

v. Athletic fields; and

vi. Shooting ranges;

c. Fences, fills, walls, excavations or other appurtenances which do not constitute an obstruction or debris-catching obstacle to the passage of floodwaters and which are consistent with the open space-conservation element policies;

d. Private drives, bridges, and public utility wires and pipelines for transmission and distribution;

e. Improvements in stream channel alignment, cross-section and capacity, including modification of riverbank and flood protection levees;

f. Structures that are designed to have a minimum effect upon the flow of water and are firmly anchored to prevent the structure from flotation (excepting floating docks); provided, that no structures for human habitation is permitted;

g. Other similar uses of a type not appreciably damaged by floodwaters.

3. Prohibited Uses—Storage or Processing. The storage or processing of materials that are in time of flooding buoyant, flammable or explosive, or could be injurious to human, animal or plant life, is prohibited.

F. Development Standards, -F100 Overlay District. In all areas zoned in the -F100 overlay district, the provisions set out in subsections 1 through 6 are required.

1. Elevation of Lowest Floor. The lowest floor of any residential structure, including garages and accessory buildings, shall be elevated eighteen inches or more above the level of the base flood elevation.

2. Anchorage. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.

3. Construction Practices and Materials. All new construction or substantial improvements shall be constructed with materials and utility equipment resistant to flood damage using methods and practices that minimize flood damage.

4. Water and Sewer Systems. New and replacement water and sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.

5. Nonresidential Structures. New nonresidential structures shall be floodproofed or elevated eighteen inches or more above the level of the base flood.

6. Floodproofing. All structures requiring floodproofing shall be so designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads with effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this section are satisfied and a copy of such certification shall be provided to the director of public works and the chief building inspector.

G. Flood Zone Determination - 200-Year Floodplain.

1. No development or physical changes requiring a development permit required by this title shall be allowed within the two hundred year floodplain unless it has first met one or more of the findings established under Section 15.60.130.D of this code.

2. Allowable Land Uses, -F200 Overlay District. Nothing in this subsection is intended to authorize a use not otherwise allowed in the primary zoning district with which the -F200 overlay district is combined.

3. Exempt Projects, -F200 Overlay District. Site improvements that would not result in the development of a new habitable structure and would not increase risk of damage to neighboring development or alter the conveyance area of a watercourse in the case of a flood are exempt from the restrictions of the -F200 overlay district. Improvements that qualify for this exemption include, but are not limited to, the replacement or repair of a damaged or destroyed habitable structure with substantially the same building footprint area; interior repairs or remodels to existing structures; additions to existing residential dwellings; new non-habitable structures or repairs or remodels to non-habitable structures including, but not limited to landscape features, detached garages, and pools and spas.

H. Warning—Liability Denied. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the city or by any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made under this chapter.

(Ord. No. 1869, § 2, 2-20-2013; Ord. No. 1979, § 3, 10-21-2020)

A. Purpose. The -PD overlay district is intended to identify areas where the city has determined that flexibility in the application of development standards will produce development projects of superior quality, including retention of unique site characteristics, creative and efficient project design, etc., then would have been achieved through strict application of the development standards required by the primary zoning district. The -PD zoning district is consistent with all land use designations of the general plan.

B. Applicability.

1. Eligible Primary Districts. The -PD overlay district may be combined with any of the residential, commercial, or industrial zoning districts established by Section 17.10.020 (Zoning Districts Established).

C. General Standards for All Projects. The following development standards shall apply to all developments subject to a planned development permit.

1. Size. A minimum site of one acre, exclusive of public rights-of-way, shall be required. This requirement may be waived or reduced by the Commission if the approving body finds that the waiver is necessary in order to achieve a superior project given the unique attributes of the site, its setting, or surrounding conditions, and that the project will meet the purpose and intent of this chapter.

2. Application to Site. A planned development permit may apply to a site that consists of more than one parcel, provided the original parcels are contiguous to one another and not separated by a major collector or minor/major arterial street.

3. Setback Requirements. Structure setbacks, with the exception of outer perimeter front, side, and rear yard setback provisions for perimeter landscaping, may deviate from the setback standards identified in this Development Code and shall conform to the approved planned development permit. Any nonresidential structure adjacent to a residential zone is set back a distance equal to the height of the nonresidential structure from the property line between the parcels.

4. Site Coverage. The site coverage for residential or nonresidential zoning districts may deviate from the standards of this Development Code.

5. Frontage and Area Requirements. The frontage and area per lot requirements for residential and nonresidential zoning districts may deviate from the regulations of this Development Code.

6. Height Limits. The height of structures may deviate from the height standards of this Development Code, provided that any nonresidential structure adjacent to a residential zone is set back a distance equal to the height of the nonresidential structure from the property line between the parcels.

7. Open Space Requirements. In addition to the requirements for residential and nonresidential, below, the following open space requirements apply to all planned development permits:

a. Open space shall be designed as a major element of the project;

b. Open space shall be located to take advantage of, and to help preserve, existing natural amenities (e.g., trees, topographic features, waterways, and views);

c. Open space shall generally be clustered to create larger scale open spaces, but shall also be used to buffer incompatible uses and to provide corridors of space around and within developed areas to achieve a spacious character and convenient linkage to all parts of the site;

d. All landscaped areas shall be designed, installed, and irrigated in compliance with Chapter 17.30 (Landscaping);

e. Open space areas shall not include streets, whether public or private, off-street parking or landscaping required for the parking lot, access drives, loading areas, or area(s) covered by structures;

f. The location of all open space, including any off-premises locations, shall be identified on appropriate plans; and

g. The Commission may modify any open space requirement after considering the general purpose and nature of the project. If the open space requirement is modified, another amenity(ies) shall be provided.

8. Maintenance of Common Areas. The applicant shall provide for the permanent maintenance of all common area(s), including open space areas, within the development. The applicant shall provide the following:

a. A plan showing all common areas and areas to be dedicated to/for public and/or private use; and

b. If the development consists of:

i. Only one parcel, a plan for maintenance, or

ii. More than one parcel, a plan for maintenance and a mandatory homeowners' association to provide permanent maintenance of the common area. If the homeowners' association terminates, disbands, or otherwise defaults on its maintenance obligations, the City reserves the right to form a mandatory maintenance district.

9. Limitations. The Commission shall have the authority to define and limit the requirements for each approved land use within the area covered by the approved planned development permit.

10. Distinct. All standards apply to each individual planned development permit, and off-site improvements and amenities cannot be used to meet any of the requirements for a specific, individual planned development permit.

11. Requirements and Standards. Unless clearly stated otherwise in the approved planned development permit, the provisions, regulations, requirements, and standards governing the development and on-going operation of the site covered by the planned development permit shall be in compliance with this Development Code.

12. Development Phasing. If the project would be phased, the applicant shall submit a schedule indicating the development schedule for the project, including open space and amenities.

a. Projects developed in phases shall be designed so that each successive phase would contain open space and amenities to independently satisfy applicable open space requirements.

b. If the proposed project would be developed with a series of planned development permits for smaller areas within the site, a master planned development permit shall be prepared for the site. It shall show the location and type of open space and amenities and the location and type of development to be proposed.

D. Permit Requirements. Planned Development Permit approval (Section 17.40.060) shall be required for all development and new land uses except the interim land uses allowed by subsection G below. A planned development permit application must be simultaneously submitted with an application for rezoning to apply the -PD overlay zoning district, where rezoning is initiated by a property owner.

E. Residential Projects. In addition to the general standards listed above, the following standards shall apply to residential projects:

1. Housing Types and Quantity. The type of housing allowed in a planned development may include a variety of housing types, including single-family dwellings, duplexes, triplexes, townhouses, and multifamily. The number of allowable dwelling units on each parcel may exceed the number allowed within the specific zoning district, provided:

a. Multiple Parcels. In the case of multiple parcels, that the number of units in the entire project does not exceed the maximum allowable density for the zoning district; or

b. Two or More Zoning Districts. If the site contains two or more residential zoning districts, that the number of units in the entire project does not exceed the maximum cumulative number of dwelling units permitted for the entire project.

2. Parking Requirements. Parking shall comply with the required parking standards in Chapter 17.32 (Parking and Loading). Projects consisting of both residential and nonresidential uses may deviate from parking standards.

3. Landscape and Common Open Space Requirements. At least twenty percent of the gross property area shall be reserved for, and devoted to, landscaped areas and useable common open space area(s), (e.g., greenbelts, lawns, riparian corridors, and pedestrian trails), excluding public parks. The required maintenance entity shall only be required to maintain the landscape and open space areas that are required for the project by this Development Code.

4. Amenities. One or more amenities shall be provided with each project subject to a planned development permit. Examples of amenities that may be provided include recreation facilities, community meeting halls, parks and play fields, tot lots, swimming pools, enhanced right-of-way treatments, special identity architectural elements, water features, and similar amenities of a permanent nature.

5. Accessory Uses. Accessory commercial and service uses limited to no more than ten percent of the project's gross property area may be a component of a residential planned development project to provide daily necessities. Uses allowed include beauty/barber shops, postal facilities, quick copy shops, general stores, drug store/pharmacy, or other uses clearly intended for the convenience of residents.

6. Maintenance. The developer of a residential project shall establish a homeowner's association for the purpose of maintaining common areas and enforcing the CC&Rs.

F. Nonresidential Projects. In addition to the general standards provided in this section, the following standards shall apply to nonresidential projects.

1. Parking Requirements. The number and design of off-street parking areas may deviate from the parking standards identified in this Development Code.

2. Common Open Space Requirements. At least twenty percent of the gross property area in all nonresidential developments shall be reserved for, and devoted to, landscaped and useable pedestrian-oriented open space area(s). Open spaces may include courtyards, landscaped gardens, outdoor dining areas, plazas, and water features; but shall not include parking.

3. Amenities. One or more amenities shall be provided with each project subject to a planned development permit. Examples of amenities that may be provided include community facilities (e.g., community center, post office), public plazas with enhanced pedestrian amenities, (e.g., water features, seating, landscaping), vehicle and/or pedestrian connections to adjacent uses/neighborhoods, unique architectural features (e.g., clock tower), water fountains, and similar amenities of a permanent nature.

4. Signs. All nonresidential signs shall be part of a comprehensive sign program in compliance with Chapter 17.34 (Signs).

5. Accessory Uses. Accessory commercial and service uses limited to no more than a total of twenty percent of the project's gross property area may be a component of an industrial planned development project to provide convenience items and services. Uses allowed include beauty/barber shops, postal facilities, quick copy shops, general stores, drug store/pharmacy, eating establishments, banking facilities, or other uses clearly intended for the convenience of area workers.

G. Interim Land Uses. Any land use normally allowed by this article in the applicable primary zoning district may be authorized within the -PD overlay district through the planned development permit. Prior to the approval of a planned development permit, allowable uses shall be limited to the following:

1. Residential Districts. When the -PD overlay is combined with a residential zoning district, a site may be used for any of the agricultural, resource, and open space uses identified as permitted by Table 2-4. With use permit approval, a site may be used for these temporary, short-term activities involving no physical improvements to the site.

2. Commercial Districts. When the -PD overlay is combined with a commercial zoning district, a site may be used in advance of planned development permit approval only for temporary, short-term activities involving no physical improvements to the site, when authorized by use permit approval.

3. Industrial Districts. When the -PD overlay is combined with an industrial zoning district, a site may be used in advance of Planned Development Permit approval only for temporary, short-term activities involving no physical improvements to the site, when authorized by use permit approval.

(Ord. No. 1869, § 2, 2-20-2013; Ord. No. 2030, § 5, 3-19-2025)