Article 3 — Establishment and Designation of Zones

In order to classify, regulate, restrict, and segregate the uses of lands and buildings; to regulate and restrict the height and size of buildings; to regulate the area of yards and other open spaces about buildings; and to regulate the density of population, the following classes of use zones are hereby established:

(§ 8112, T.O.O.C., as amended by § 2, Ord. 126, §§ I, V, VIII, XIV, Ord. 173-NS, eff. November 5, 1970, § III, Ord. 1108-NS, eff. June 20, 1991, § 2, Ord. 1128-NS, eff. December 17, 1991, § 2, Ord. 1168-NS, eff. January 5, 1993, § 3, Ord. 1503-NS, passed August 14, 2008,§ 28, Ord. 1555-NS, eff. May 13, 2011, and § 1, Ord. 1726, eff. April 26, 2024)

Sub-zones of each of the R Zones may be established. The requirements for the parent R Zone shall apply to the respective sub-zones except as to the minimum lot area required per family and the minimum lot width. The minimum lot area per family and lot width in each subzone shall be fixed by the use of suffix numbers on the zoning map applicable to the area. The required lot width in any zone shall be determined in accordance with the required lot area for the zone and the applicable width set forth in this section. In order to increase or decrease the minimum lot size for any zoned land, the zoning symbol or designation of the sub-zone shall be the same as for the parent zone except that a suffix shall be added, indicating the required minimum lot area per family in square feet and the minimum lot width. For the purpose of establishing sub-zones, an acre contains forty-three thousand five hundred and sixty (43,560) square feet. The suffixes for sub-zones and their meanings shall be as follows:

The following are examples of sub-zones:

(a) The sub-zone of the R-1 Zone which requires a minimum lot area per family of eight thousand (8,000) square feet and a minimum lot width of seventy-five (75') feet shall be R-1-8.

(b) The sub-zone of the R-A Zone which requires a minimum lot area per family of five (5) acres and a minimum lot width of one hundred fifty (150') feet shall be R-A-5Ac.

(§ 8112, T.O.O.C.)

(a) Additional sub-zones may be established for the R-1-8, R-1-9, R-1-10, R-E, R-1-13, R-E-13, R-1-20, R-E-20, R-O, R-1-30, R-E-30, R-O-30, R-1-1Ac., R-E-1Ac., R-O-1Ac., R-1-2Ac., R-E-2Ac., and R-0-2Ac. Zones by adding suffix “Av.” to any of such zones.

Lands classified in any of the “Av.” sub-zones may contain lots of a minimum lot area as prescribed in the following table, provided that the average lot area of all the lots so zoned shall not be less than the square footage required by that sub-zone and provided, further, that in computing such average, only those lots not exceeding one and one-half (1- 1/2) times the square feet of the sub-zone will be considered. The following table shows the minimum and average lot areas allowed for each sub-zone classification:

(b) Sub-zones for the R-P-D Zone may be established. The requirements for the R-P-D Zone shall apply to the respective R-P-D sub-zones except that the suffix for the R-P-D designation shall be the maximum average number of dwelling units per acre, followed by the letter "U." Land proposed for development in the R-P-D Zone pursuant to an approved specific plan may be zoned with an overall density for the entire residential area of master plan without regard to ownership. Land so zoned shall be designated with the letters "SP" and shall be subject to the land use and development requirements specified in the underlying specific plan.

The following are examples of sub-zones:

(1) The sub-zone of the R-E-20 Zone which requires a minimum average lot area of 20,000 square feet shall be R- E-20 Av.

(2) The Residential Planned Development Zone (R-P-D) which permits a maximum average of twenty (20) dwelling, units per acre shall be R-P-D-20U; a maximum average of six (6) dwelling units per acre shall be R-P-D-6U.

(3) The sub-zone of R-P-D-3U-SP would permit a total density of three (3) dwelling units per acre, multiplied by the total number of acres for the total area. Assuming one thousand (1,000) acres were subject to R-P-D-3U-SP, the total density available would be three thousand (3,000) dwelling units. Assuming eight hundred (800) acres were devoted to open space or park areas, the three thousand (3,000) dwelling units would be permitted to be applied over the remaining two hundred (200) acres.

(§ 8112, T.O.O.C., as amended by § 1, Ord. 89, § 1, Ord. 117, § 1, Ord. 135-NS, eff. January 27, 1970, and § 29, Ord. 1555-NS, eff. May 13, 2011)

The provisions of this chapter shall apply to, and govern the use or maintenance or keeping of, any land or other property in the City.

The term "zoning map" shall be substituted for the term "land use plan" wherever the latter appears in any paper, record, or document relating to previous zoning ordinances or regulations of the City.

The zones established by this article and the boundaries of such zones are shown upon a map which is made a part of this chapter and which is designated as the "Official Zoning Map." Such zoning map may, for convenience, be divided into parts, and each such part may, for purposes of more readily identifying areas within such zoning map, be subdivided into units, and each such part and unit may be separately used for purposes of amending the zoning map or for any official reference to the zoning map. Such map, and each such part and unit, and the notations, references, and other information shown thereon, shall be as much a part of this chapter as if the matters and information set forth by such map were all fully described in this chapter.

(§§8113 and 8117, T.O.O.C. as amended by § 3, Ord. 1503, eff. August 14, 2008)

* Editor’s note: Zoning maps are on file in the office of the City Clerk.

Where uncertainty exists as to the boundaries of any zone as shown on any zoning map, or part thereof, the following rules of construction shall apply:

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

(b) In the case of unsubdivided property and where a zone boundary divides a lot, the locations of such boundaries, unless the same are indicated by dimensions, shall be determined by the use of the scale appearing on such zoning map.

(c) Where a public street or alley is officially vacated or abandoned, the zoning regulations applicable to abutting property on each side of the center line shall apply up to the center line of such vacated or abandoned street or alley on

each respective side thereof. (§ 8116, T.O.O.C.)

The Commission shall determine such uncertainties.

(a) If ambiguity arises concerning the appropriate classification of a particular use within the meaning and intent of this chapter, or if ambiguity exists with respect to matters of height, yard, or area requirements, or the determination of the exact location of zone boundaries, it shall be the duty of the Commission to ascertain all pertinent facts concerning such use or matter and, by resolution of record, to set forth its findings and its interpretation. Such resolution shall be forwarded to the Council for review and determination, and thereafter the administrative interpretation fixed by the Council shall govern the matter until and unless changed by subsequent administrative interpretation or by an amendment to the provisions of this chapter.

(b) For the purposes of this section and for determining conditions and limitations for variances and permits of any kind, the following matters shall be considered:

(1) Technical evidence and scientific means of measurement, where available, in determining the form and intensity of conditions;

• (2) Effects or results typically associated with the maintenance or operation of identifiable uses;

• (3) The ambient level of sound;

• (4) Sound measured in decibels; and

(5) Vibrations above and below the auditory range; odors, fumes, smoke, and other emissions and whether toxic or nontoxic; the incidence of hazards, including explosion or contamination; the chemical identification and

classification of emissions from any use, whether industrial, commercial, or domestic; the traffic generating capacity, in terms of peak, average, and minimum flow, and the volume of passengers or freight, or both; the need and consuming capacity for electrical energy, natural gas, oil, water, and sewage disposal; and the existing and needed transportation facilities.

(§ 8166.7, T.O.O.C.)

There is hereby established the Height Limit Overlay Zone (H) in order to provide an overlay zone within the C-1, C-2, C-3, M-1, and M-2 use zones wherein a waiver of the maximum height limits of such zones may be granted under the conditions set forth in Article 33 of this chapter.

Property designated in the Height Limit Overlay Zone (H) may be considered for building heights of up to seventyfive (75’) feet. The purpose of the Height Limit Overlay Zone (H) is to designate those locations of the City in which high-rise structures (defined as buildings over thirty-five (35’) feet in height) may be developed in a manner compatible with adjacent land uses, circulation and utility systems. and the visual character of the area. The requirements of the underlying C or M Zone shall apply to property in the Height Limit Overlay Zone (H), except as modified by the requirements of Article 33 of this chapter. Rezoning to the Height Limit Overlay Zone (H) shall be in the manner set forth in Article 29 of this chapter.

(§ X, Ord. 495-NS, eff. October 10, 1974)

There is hereby established the Historic Landmark Overlay Zone (HL) in order to provide an overlay zone within any use zone wherein properties so zoned are identified as having particular historic or cultural significance as defined

in Section 1-9.205 of Article 2 of Chapter 9 of Title 1 of this Code. Rezoning to the HL Zone shall be in the manner set forth in Article 29 of this chapter, and the development of land within the HL Zone shall conform to the regulations set forth in Article 34 of this chapter.

(§ II, Ord. 632-NS, eff. June 2, 1977)

There is hereby established the Senior Mobile Home Park Overlay Zone (SMHP) that provides an overlay zone within any use zone wherein properties so zoned are identified as parcels containing mobile home parks. The development of land within the SMHP Zone shall conform to the regulations set forth in Article 20 of this chapter. (Part 3, Ord. 1718-NS, eff. September 12, 2023)

There is hereby established the Mixed-Use Overlay Zone (MUOZ) that provides an overlay zone within any existing specific plan areas wherein properties so zoned are identified as parcels allowing a mix of commercial and residential uses. The development of land within the MUOZ shall conform to the regulations of the underlying specific plan except where specifically superseded by Article 10.5 of this chapter. (§ 2, Ord. 1726-NS, eff. April 26, 2024)