Local zoning · Livingston
Livingston — Overlay Districts
Overlay Districts under the Livingston local zoning and planning code, with the controlling citations.
Last reviewed: July 2, 2026
Overview
Livingston’s zoning ordinance (Title 5) recognizes two specific overlay types: the Planned Development Overlay (PD) and the Vehicle Sales Overlay (VEH). The PD is a flexible, project-level overlay used to vary base-zone standards for a unified development; the VEH is a narrow overlay tied to future auto‑mall uses along the SR‑99 corridor. The city’s PD process requires a project plan and development plan and authorizes city-level approval of most dimensional standards rather than fixed table values. See the Livingston zoning & planning overview and the zoning pages for context.
District-by-district breakdown
Planned Development Overlay — PD
- Purpose: Encourage preplanning and innovative development solutions and permit deviations from regular zoning standards where a superior environment is demonstrated (see § 5-3-13).
- Where it applies: May be established in any area of at least one acre suitable for a planned development; the PD may include residential, commercial or industrial uses where findings can be made (see § 5-3-13(C) and § 5-6-11).
- Typical permitted uses: Uses allowed are those identified in the approved project plan / development plan for the PD; the PD may mix residential, commercial or industrial uses as approved (see § 5-3-13(C)). Specific use permissions are set by the PD approval and the land‑use tables that apply to the base zones unless superseded by the PD plan (see § 5-3-13 and project plan requirements in § 5-6-11-1).
- Key dimensional standards and who sets them:
- Minimum aggregate area: 1 acre for a PD overlay district (see § 5-6-11).
- Lot coverage, setbacks, lot dimensions, building heights, open space, parking, and lot-specific standards are generally established by the City Council or Planning Commission as part of the PD approval and development plan rather than by fixed numeric tables (see § 5-6-11(B) and § 5-6-11-2(C)).
- Design review / architectural approval is subject to City Council review and must conform to the city’s design guide; roof‑mounted equipment screening and landscape/irrigation requirements are specifically required (see § 5-6-11-2(D) and general provisions in § 5-6-11).
- Where to expect standards in practice: The PD project plan must show boundaries, uses, proposed densities, proposed development standards and a schedule; the later development plan gives exact front/side/rear yard placements, parking, building elevations, landscaping, utilities and open space calculations (see § 5-6-11-1 and § 5-6-11-2).
Practical note: Many PD numeric standards are “to be approved by the City Council” — the ordinance intentionally leaves PD-specific numbers flexible so they are negotiated in the PD permit and development plan (see § 5-6-11(B)).
Vehicle Sales Overlay — VEH
- Purpose: Reserve and control an area for a possible future auto mall and limit vehicle‑sales activity to specified corridors adjacent to SR‑99 (see § 5-3-14(B)).
- Where it applies: Applied to the Sultana area (once annexed) along SR‑99 (west of Sultana Drive and east of Dwight Way); the overlay restricts auto/truck/RV/boat sales to service commercial, highway commercial or limited industrial parcels in that corridor (see § 5-3-14(B)).
- Permitted uses and permits: Any vehicle sales activity in the VEH overlay requires a use permit and is subject to site plan / design review (see § 5-3-14(C)). Development standards default to the primary base zone unless the VEH text says otherwise (see § 5-3-14(D)).
Quick reference table (decision‑relevant standards & uses)
| Topic | Rule / What the ordinance requires | Code reference |
|---|---|---|
| Minimum PD parcel size | 1 acre minimum for a PD Overlay District | § 5-6-11 |
| Who sets PD setbacks, lot coverage, heights | Set by City Council / Planning Commission in the PD or development plan (not fixed numerics) | § 5-6-11(B); § 5-6-11-2(C) |
| Open space minimums (PD residential) | Single-family: 35% of gross low-density area; Two-family: 30%; 3–9 units: 25%; 10+ units: 20% (commercial/industrial: as approved) | § 5-6-11(B)(8) |
| Parking standard for PD | Off-street parking same as base zone; Planning Commission may approve lower parking if justified | § 5-6-11(B)(10) |
| VEH permitted activity | Vehicle sales only (requires use permit and site plan/design review) | § 5-3-14(C–D) |
| Design review authority in PD | City Council approves architectural style/design; design must align with the city’s adopted guide | § 5-6-11-2(D) |
| Base-zone numeric standards table | Standard heights, FAR, site coverage shown in the zoning tables; PD entries read “See note / as determined by PD permit” | Table 6 / Notes; see § 5-3-15 and development‑standards tables |
How the PD process works (practical synthesis)
- An applicant (or the city) files a project plan and PD permit application; the project plan must show boundaries, topography, proposed uses, densities, proposed development standards and conceptual architecture per § 5-6-11-1.
- The Planning Commission holds a public hearing and forwards a recommendation; the City Council makes the final decision to establish a PD overlay by ordinance (see § 5-6-11 and § 5-6-11-1(B)).
- After PD establishment, a development plan (which must align substantially with the approved project plan) is required before any building permit for a new structure; the development plan provides exact yards, parking layout, elevations, landscaping and utility plans (see § 5-6-11-2(C)).
- Many PD numeric standards (setbacks, lot coverage, heights, open space percentages for certain land uses) are established in the PD approval — the ordinance delegates the numeric determinations to the decision‑makers rather than listing fixed PD numbers in the zoning matrix (see § 5-6-11(B)).
Because PD standards are customized, review items that often decide approval include parking, circulation, landscaping, open space, utility provision and architectural compatibility — check the city’s development standards, parking, design review, and landscaping and screening pages as the PD review will refer to those policies in practice.
Checklist
- Prepare a project plan that meets the project plan content requirements in § 5-6-11-1 (boundaries, uses, densities, conceptual site plan).
- File a PD permit application concurrently with the project plan and pay applicable fees (filing fee or deposit set by City Council) per § 5-6-11-1(B).
- Demonstrate required findings for PD establishment (compatibility with surrounding uses, unique design features justifying deviations) per § 5-6-11(C).
- If PD adopted, prepare a development plan that includes exact yards, parking, elevations, landscaping and utilities as required by § 5-6-11-2(C).
- Provide landscape plans with permanent irrigation and street tree plans per PD requirements (Director of Public Works approval) — § 5-6-11(B)(7) and § 5-6-11-2(C)(11).
- For VEH proposals: obtain a use permit and site plan/design review as required by § 5-3-14(C).
Risks & Ambiguities
| Issue | Why it matters | What to verify |
|---|---|---|
| PD numeric standards are not fixed | The ordinance delegates most PD numbers (setbacks, heights, coverage) to Council/Commission approval, so project expectations can change during review | Verify the exact numeric standards approved in the PD ordinance and the development plan for the parcel (city file and Council resolution). Verify with the jurisdiction. |
| Phasing and separate development plans | PDs may be phased and require separate plans for later phases — this can affect timing and entitlements | Confirm whether the approved PD allows phased approvals and what approvals each phase requires; check § 5-6-11. Verify with the jurisdiction. |
| Parking reduction requests | The Planning Commission may reduce parking but must be justified; this affects project feasibility and financing | If your project needs a parking reduction, prepare parking studies and a justification for the Commission per § 5-6-11(B)(10). |
| VEH overlay boundaries and annexation status | VEH was scoped to the Sultana annexation area — if the area is not annexed, the VEH rules may not yet apply | Confirm current zoning map and annexation status; VEH text ties location to the Sultana area along SR‑99 (see § 5-3-14(B)). Verify with the jurisdiction. |
| Interaction with base zone rules and other chapters | PDs do not waive subdivision, building code or other city rules — conflicting requirements may arise | Confirm required compliance with subdivision rules, building code, and public‑works standards; see § 5-6-11 and cross‑references. |
Plain-English Summary
If you want to do a project in Livingston that needs flexibility from the standard zone rules (different setbacks, mixed uses, creative site design), file for a Planned Development (PD) overlay — the city requires a project plan, public hearings, and then the City Council and Planning Commission set the exact standards in the PD and development plan; for auto-mall style vehicle sales uses, the VEH overlay limits those activities to a specific SR‑99 corridor and still requires use permits and design review. Key rules and the PD process are in § 5-3-13 and § 5-6-11.
Source References
- City of Livingston Zoning Ordinance (Title 5) — Planned Development Overlay: § 5-3-13 and PD permit process § 5-6-11.
- Project plan requirements and findings for PD: § 5-6-11-1.
- Development plan requirements and design guidelines (PD): § 5-6-11-2 and § 5-6-11-2(D).
- PD property development standards (setbacks, open space, parking): § 5-6-11(B) and related subsections (open space, landscaping, parking rules).
- Vehicle Sales Overlay: § 5-3-14 (purpose, permitted uses, development standards).
- Zoning tables and development‑standards summary (heights, FAR, site coverage): Table 6 and related notes in § 5-3-15 (zoning matrix / development standards).
Sources
Retrieved passages
- CBC § 5 (§ 5-6-11-1) High relevance
- Livingston Zoning Code (§ 5-6-11) High relevance
- Livingston Zoning Code (§ 5-3-15) High relevance
- Livingston Zoning Code (§ 5-6-11-2) High relevance
- Livingston Zoning Code (§ 6-10-27) High relevance
- Livingston Zoning Code (§ 5-6-11-1) High relevance
- Livingston Zoning Code (§ 5-6-6) High relevance
- CBC § 65852.22 (§ 65852.22) Medium relevance
Cited sections
- City of Livingston Zoning Ordinance (Title 5) — Planned Development Overlay: **§ 5-3-13** and PD permit process **§ 5-6-11**. (Title 5)
- Project plan requirements and findings for PD: **§ 5-6-11-1**. (§ 5-6-11-1)
- Development plan requirements and design guidelines (PD): **§ 5-6-11-2** and **§ 5-6-11-2(D)**. (§ 5-6-11-2)
- PD property development standards (setbacks, open space, parking): **§ 5-6-11(B)** and related subsections (open space, landscaping, parking rules). (§ 5-6-11)
- Vehicle Sales Overlay: **§ 5-3-14** (purpose, permitted uses, development standards). (§ 5-3-14)
- Zoning tables and development‑standards summary (heights, FAR, site coverage): Table 6 and related notes in **§ 5-3-15** (zoning matrix / development standards). (§ 5-3-15)
- Livingston_ZoningCode.md
Frequently asked questions
What is a PD Overlay in Livingston and when is it used?
A Planned Development (PD) Overlay lets the city and applicant craft a site‑specific development plan that can modify standard zoning rules (setbacks, heights, lot coverage) in exchange for coordinated design, open space and infrastructure commitments. PDs require a project plan and approval by the Planning Commission and City Council; a PD must cover at least 1 acre (see § 5-3-13 and § 5-6-11).
What does the PD project plan need to show?
The project plan must identify the overlay boundaries, topography/natural features to be retained, general land‑use categories (residential, commercial, etc.), proposed densities, proposed development standards, street/easement locations, open space and conceptual building sizes and architecture as described in § 5-6-11-1.
Who decides numeric standards (setbacks, heights, coverage) inside a PD?
Numeric PD standards are typically established by the City Council or Planning Commission as part of the PD permit and the development plan — the code delegates these specifics to the approving authorities rather than listing fixed PD numbers in the zoning tables (see § 5-6-11(B) and § 5-6-11-2(C)).
Can a PD allow less parking than the base zoning requires?
Yes. Off‑street parking requirements for PDs default to the same standards as the comparable uses in § 5-4-5, but the Planning Commission may approve a lower parking standard if the applicant demonstrates that a reduced standard is appropriate (see § 5-6-11(B)(10)).
What is the VEH overlay and do I automatically get to sell cars if my site is in it?
The VEH overlay is intended to designate a future auto mall area along SR‑99 in the Sultana area. Vehicle sales inside a VEH overlay are not automatic — any vehicle sales use requires a use permit and site plan/design review and must comply with the primary zoning district standards absent VEH-specific modifications (see § 5-3-14(C–D)).
Do PD approvals waive building‑code or subdivision requirements?
No. The ordinance explicitly states that PD approvals do not relieve applicants of compliance with subdivision regulations, the building code or other applicable city regulations; those requirements remain in force (see § 5-6-11). Verify with the jurisdiction for parcel‑specific servicing or subdivision implications.
If my PD is phased, do I need separate development plans for each phase?
Yes. The code allows PD developments to proceed by phases but requires that a separate project plan and/or development plan be submitted for each development phase not included in the original project plan (see § 5-6-11).
Where are the PD design rules (landscape, irrigation, screening) documented?
Design guidelines and specific landscape/irrigation requirements for PDs are in the development plan section and PD provisions; private yards and open spaces facing roadways must be landscaped with an underground irrigation system, and the Director of Public Works must approve landscape/street‑tree plans (see § 5-6-11(B)(7) and § 5-6-11-2(C)(11)).
If the PD ordinance delegates lots of choices to the City Council, how do I know what will be allowed on my parcel?
You must obtain and review the adopted PD ordinance and the approved development plan for your parcel because those documents record the specific numeric standards, allowed uses and conditions. The ordinance language itself intentionally leaves many PD specifics to the PD approval process (see § 5-6-11(B)). Verify with the jurisdiction for the specific PD file.
More in Livingston code
Ask about any Livingston property
Get a cited, plain-English answer on Livingston zoning, setbacks, FAR, ADUs and permits — for any address.
Start Free Trial