Local zoning · Tulare

Tulare — Overlay Districts

Overlay Districts under the Tulare local zoning and planning code, with the controlling citations.

Last reviewed: July 2, 2026

Overview

Overlay districts in Tulare add targeted rules on top of a property's base zoning to accomplish citywide goals (historic preservation, airport safety, downtown vitality, mixed‑use development, and custom planned communities). Overlay rules apply in addition to a parcel’s base zone; when there is a direct conflict the overlay rule controls. See the Official Zoning Map to find whether a parcel is inside an overlay. (§ 10.06.030)

Below is a Tulare‑specific breakdown of each overlay established in the Tulare Zoning Code, what they allow or limit, the key measurable standards, and where to look in the code for the controlling rules.

Historic Site and Historic Neighborhood Overlay (H)

  • Purpose: Preserve and manage historic cultural landmarks and districts for public education, culture, and welfare. (§ 10.38.010)
  • Typical permitted uses: The overlay does not create new generic uses; it imposes procedures and controls on alterations, demolition, relocation, and designation of historic landmarks and districts. Permitted ongoing uses are those allowed by the base zone so long as they do not conflict with historic protections. See designation and treatment processes. (§§ 10.38.030–10.38.070)
  • Key dimensional/administrative standards:
    • Work affecting an identified historic property must be reviewed by the Secretary and the Historic Commission; demolition/major alterations cannot proceed while designation is pending (short moratoriums and referral procedures apply). (§ 10.38.060)
    • Findings for approval of alterations track the Secretary of the Interior’s Standards; the Commission can require findings about economic hardship and public necessity. (§ 10.38.040; § 10.38.200)
    • Minimum maintenance requirements and enforcement/penalties are established to prevent demolition by neglect. (§§ 10.38.210, 10.38.230)
  • Where it applies: Parcels designated on the Official Zoning Map and properties added through the Commission/Council designation process; public properties >50 years old are encouraged to consult the Commission before alterations. (§§ 10.06.040; 10.38.200)
  • Design/administration notes: The overlay triggers review by the Historic Commission and requires specific findings tied to historical integrity and economic hardship. See the city’s historic procedures for application content, hearing, and notice requirements. (§§ 10.38.040–10.38.070)

Planned Unit Development Overlay (PD / PUD)

  • Purpose: Allow flexible, site‑specific regulation and design that can depart from strict base zone numeric standards to achieve a superior, well‑planned neighborhood or mixed project. (§ 10.40.010)
  • Typical permitted uses: Land uses allowed are tied to the base zone(s) but a PUD can permit mixed lot patterns, duplexes on corner lots, private streets, shared parking regimes, and other flexible arrangements consistent with the PUD plan. (§ 10.40.030)
  • Key dimensional/administrative standards:
    • Minimum site area: generally 4 acres, except no minimum for infill sites. (§ 10.40.050)
    • A PUD can modify setbacks, distances between structures, lot patterns, and parking (subject to limitations) but cannot add uses that are not permitted by the underlying zone or exceed General Plan maximum densities. (§ 10.40.030; § 10.40.040)
    • Application content is intensive (site plan, utilities, phasing, elevations, etc.) and processed under the zoning amendment procedure. (§ 10.40.020)
  • Where it applies: Only where the Official Zoning Map shows the PD/(PUD) notation and when approved through the Chapter 10.86 rezoning/amendment process. (§ 10.40.020)

Downtown Overlay Zone (D / Downtown Overlay)

  • Purpose: Create a walkable, active downtown with design standards to attract businesses and retain historic character; emphasize ground‑floor retail/restaurant and pedestrian orientation. (§ 10.42.010)
  • Typical permitted uses:
    • All uses allowed in the base zone remain permitted; the overlay explicitly allows combinations of uses and enables mixed‑use and higher‑density residential (subject to conditional permits for multifamily between 8–29 units/acre). (§ 10.42.030)
  • Key dimensional/design standards:
    • No required minimum site area or lot coverage in the Downtown Overlay; maximum building height: 60 ft. Setbacks are intentionally minimal—new construction should align with prevailing front‑of‑lot pattern and parking to the rear. (§ 10.42.040)
    • Storefronts: 60% minimum storefront transparency on ground floor; parking between front property line and primary entrance is prohibited; parking located to the rear or side and screened where adjacent to street (minimum five‑foot setback and four‑foot screening wall). (§§ 10.42.090; 10.42.050)
    • Landscape and screening requirements reference the city’s landscaping chapter; signage in downtown follows Chapter 10.56 sign standards. (§ 10.42.060; 10.42.080)
  • Where it applies: Lands shown on the Official Zoning Map as Downtown Overlay; overlay controls supersede base zone where conflicts exist. (§ 10.42.020)

Airport Overlay Zone (AP)

  • Purpose: Protect airport operations and public safety by regulating heights, uses that cause glare/electromagnetic interference, and other hazards in approach, transitional, horizontal and conical zones. (§ 10.44.050; § 10.44.070)
  • Typical permitted uses: Base‑zone uses remain permitted; conditional uses in the base zone remain conditional. However, specific use restrictions apply if the use would create hazards or interfere with airport operations. (§ 10.44.030; § 10.44.070)
  • Key dimensional/safety standards:
    • Height formulas and zone dimensions are established by the Airport Zoning Map and the chapter; no structure or tree may exceed applicable height limits in any of the airport zones. (§ 10.44.050)
    • Administrative control: Planning Commission administers the overlay and the Aviation Commission must review and advise on actions. Building permits that would violate the airport chapter are void. (§ 10.44.080)
    • Variances are available through the Planning Commission with possible conditions (e.g., markers or lights on structures, revocation if conditions violated). (§ 10.44.090)
  • Where it applies: As shown on the Airport Zoning Map (part of the Official Zoning Map); the AP notation is appended to the base zone (for example PL‑(AP)). (§ 10.44.040)

Mixed‑Use Overlay Zone (MU)

  • Purpose: Encourage integrated commercial and residential development in designated areas to support density near downtown and redevelopment corridors. (§ 10.46.010)
  • Typical permitted uses:
    • Permitted: townhouses, apartments, condominiums, bed & breakfasts, mixed‑use buildings, plazas, public parks; all permitted uses in C‑2 and C‑3 are allowed. (§ 10.46.060)
    • Not permitted: automobile repair, auto/boat/RV sales, gasoline sales, single‑family detached housing within the MU overlay. (§ 10.46.060(C))
  • Key dimensional/standards:
    • Minimum lot width: 18 ft; no minimum site area; maximum residential density: 29 du/net acre; minimum front setback: none for commercial/mixed use (residential front setback not less than 5 ft); maximum front setback 10 ft. (§ 10.46.070)
    • Where housing is required on parcels in the city’s Housing Element inventory, the parcel must be developed with the number of units identified. (§ 10.46.020(C))
  • Where it applies: Parcels combined with MU on the Official Zoning Map; MU may be combined with R‑H, C‑2, C‑3, or C‑4 zones. (§ 10.46.020)

Quick comparison table — key decision standards

Overlay District Purpose (short) Primary constraints/standards Code Reference
H (Historic) Preserve historic landmarks/districts Moratorium procedures for demolition/major alteration; Secretary/Commission review; findings must meet Secretary of the Interior’s Standards; minimum maintenance and enforcement provisions § 10.38.010, § 10.38.040, § 10.38.210
PD (PUD) Flexible site‑specific development Can modify setbacks/distances/lot pattern; min site area 4 acres (infill exception); intensive PUD application requirements § 10.40.010, § 10.40.020, § 10.40.050
D (Downtown) Downtown design and pedestrian orientation Max height 60 ft; no min lot coverage; 60% storefront transparency; parking to rear; design review required for facades/signs § 10.42.010–.090
AP (Airport) Protect airport operations & safety Height limits by airport zone; no glare/interference; Planning Commission + Aviation Commission review; building permits void if noncompliant § 10.44.040–.090
MU (Mixed‑Use) Encourage integrated commercial + residential Min lot width 18 ft; max density 29 du/acre; commercial frontage with little/no setback; some uses expressly prohibited § 10.46.010–.070

Practical links (first natural mentions):

  • The overlay rules cross‑reference the city Tulare Development Standards for measurable setback/lot coverage rules and the Tulare Parking chapter for parking counts and location in overlays (Downtown and MU call out parking location/waivers). (§§ 10.42.040–10.42.050; 10.46.070)
  • Downtown and MU projects will typically need Tulare Design Review because both chapters include design standards and storefront/facade requirements. (§ 10.42.090; § 10.46.050)
  • Historic properties are governed by the city’s Tulare Historic Preservation processes embedded in Chapter 10.38. (§ 10.38.010 et seq.)
  • Accessory units (ADUs) within overlays must still comply with the ADU chapter requirements and the zone’s rules; see Tulare ADUs and the code’s ADU provisions. (§ 10.60.030)
  • Where state fire and historical building rules are referenced, the code defers to the California Building Standards Code for technical building / rehabilitation standards applied to historic structures. (§ 10.38.200)

Checklist

An applicant proposing work in an overlay should, at minimum:

  • Confirm the parcel’s base zone and overlay(s) on the Official Zoning Map at the Community Development Department. (§ 10.06.040)
  • Read and apply the overlay chapter(s) that appear against the parcel (H, PD, D, AP, MU). (§ 10.06.030)
  • For PD/PUD proposals, assemble a full PUD application with legal description, plot plan, grading/drainage, utilities, elevations, phasing and required findings. (§ 10.40.020)
  • For Downtown or MU projects, prepare storefront/transparency drawings, landscape plan, and parking layout that follows the Downtown parking location and screening rules. (§§ 10.42.040–.060; § 10.46.070)
  • For historic properties, consult the Historic Secretary/Commission early; expect referral, a potential 90‑day restriction on major work while designation is considered, and findings based on the Secretary of the Interior’s Standards. (§§ 10.38.060–.070)
  • For properties in the Airport Overlay, obtain Aviation Commission review and verify height limitations against the Airport Zoning Map before submitting building permit applications. (§§ 10.44.040–.080)
  • Check whether design review, conditional use permits, or variances are required (overlay chapters show where conditional uses are triggered and the variance route). (§§ 10.42.030; 10.44.090; 10.46.050)
  • Verify ADU proposals comply with the ADU chapter and state ADU law; do not assume overlays remove ADU entitlements. (§ 10.60.030)

Risks & Ambiguities

Issue Why it matters What to verify
Base zone vs overlay conflicts Overlays control when they conflict with the base zone; failure to follow the overlay may lead to permit denial. Confirm which requirement is more restrictive and cite the overlay chapter; ask staff if interpretation is ambiguous. (§ 10.06.030)
Exact overlay boundary on a particular parcel Zoning Map boundaries determine whether overlay rules attach; mis‑reading the map can waste time and money. Verify the parcel on the Official Zoning Map at the Community Development Dept. or request a boundary determination. (§ 10.06.040–.050)
Historic designation timing / moratorium A pending designation can temporarily block demolition/major alteration for up to 90 days and trigger Commission review. If the property is proposed for designation, confirm the notice date and moratorium rules before starting irreversible work. (§ 10.38.060)
Airport heights and FAA issues Airport overlay height rules can void building permits and may require FAA/aviation coordination. Run a height check against the Airport Zoning Map and consult Aviation Commission; obtain any required variance early. (§§ 10.44.050–.080)
PUD density/General Plan limits PUDs may not increase densities beyond the General Plan maximums; this limits “density bonuses” via PUD. Confirm applicable General Plan density caps and include density calculations in the PUD submittal. (§ 10.40.030; § 10.40.040)

Plain‑English summary

Tulare’s overlays are add‑on rules placed over base zoning for targeted policy goals: Historic (H) protects old buildings and triggers Commission review; PUD lets a developer propose a custom site plan that can alter setbacks and lot patterns; Downtown (D) forces pedestrian design, rear parking, and high storefront transparency; Airport (AP) limits heights and hazardous uses near runways; Mixed‑Use (MU) encourages apartments/retail combinations with specific density and setback rules. Always check the Official Zoning Map and the overlay chapter for the parcel—verify details with Community Development for parcel‑specific interpretation. (§§ 10.06.030–10.06.040; 10.38; 10.40; 10.42; 10.44; 10.46)

Source References

  • Tulare Zoning & Overlay establishment: § 10.06.030 (overlay districts established)
  • Historic Site and Historic Neighborhood Overlay: § 10.38.010, § 10.38.040, § 10.38.060, § 10.38.200, § 10.38.210, § 10.38.230
  • Planned Unit Development Overlay (PUD): § 10.40.010, § 10.40.020, § 10.40.030, § 10.40.050, § 10.40.070
  • Downtown Overlay Zone: § 10.42.010, § 10.42.020, § 10.42.030, § 10.42.040, § 10.42.050, § 10.42.090
  • Airport Overlay Zone: § 10.44.030, § 10.44.040, § 10.44.050, § 10.44.070, § 10.44.080, § 10.44.090
  • Mixed‑Use Overlay Zone: § 10.46.010, § 10.46.020, § 10.46.040, § 10.46.060, § 10.46.070
  • Zoning Map / boundary interpretations: § 10.06.040–10.06.050 (Official Zoning Map and boundary interpretation)

(If you need the verbatim code language for any cited §, ask and I will paste the short controlling paragraphs with exact § references. For parcel‑specific application, verify with the Tulare Community Development Department.)

Sources

Retrieved passages

  • CBC § 10.42.020 (§ 10.42.020) High relevance
  • Tulare Zoning Code (§ 10.46.020) High relevance
  • CBC § 10.42.040 (§ 10.42.040) High relevance
  • Tulare Zoning Code (§ 10.06.040) High relevance
  • Tulare Zoning Code (CHAPTER 10.06) High relevance
  • Tulare Zoning Code (§ 10.06.020) High relevance
  • Tulare Zoning Code (§ 10.40.110) High relevance
  • Tulare Zoning Code (§ 10.44.030) High relevance
  • Tulare Zoning Code (CHAPTER 10.40) High relevance
  • Tulare Zoning Code (section cannot) Medium relevance
  • Tulare Zoning Code (§ 10.38.230) Medium relevance
  • Tulare Zoning Code (chapter without) Medium relevance
  • Tulare Zoning Code (Chapter 10.54.) Medium relevance
  • Tulare Zoning Code (§ 10.54.020) Medium relevance

Cited sections

Frequently asked questions

What does the Historic Overlay (H) actually control in Tulare?

The Historic Overlay (H) controls designation, demolition, and major exterior alterations of historic cultural landmarks and districts; it triggers referral to the Secretary and Historic Commission, requires findings tied to the Secretary of the Interior’s Standards, and imposes maintenance and enforcement rules to prevent demolition by neglect. See § 10.38.010 and the designation and review procedures in § 10.38.040–.070.

Can I get a different setback or lot pattern through a PUD in Tulare?

Yes. A Planned Unit Development (PUD) can modify setbacks, distances between structures, lot layouts, and other standards to create a cohesive development, subject to required findings and not exceeding General Plan density limits; note the typical 4‑acre minimum site area unless the site qualifies as infill. See § 10.40.030 and § 10.40.050.

What are the Downtown Overlay rules for parking and storefronts?

In the Downtown Overlay, the code emphasizes pedestrian orientation: parking should be to the rear/side (parking between the front property line and primary entrance is prohibited), parking areas adjacent to street rights‑of‑way require a 5‑ft setback and a 4‑ft screening wall, and ground‑floor storefronts should aim for 60% transparency. See § 10.42.040–.050 and § 10.42.090.

Do overlays allow new land uses that are not already permitted in the base zone?

Generally no. Overlays in Tulare typically preserve or condition uses rather than create entirely new base uses; permitted uses in an overlay normally include the base‑zone permitted uses (with some overlays adding specific allowances or conditional tracks—e.g., MU explicitly lists allowed uses and excluded uses). See § 10.42.030 and § 10.46.060.

If my property is inside the Airport Overlay, how do I check height limits?

Height limits for the Airport Overlay are defined in the Airport Zoning Map and the formulas in the airport chapter; you must compare your proposed structure to the applicable airport zone (approach, transitional, horizontal, conical) and obtain Aviation Commission review where required—building permits that violate the chapter can be void. See § 10.44.050 and § 10.44.080.

Are ADUs allowed in overlays in Tulare — do overlays change ADU rules?

ADUs remain governed by the ADU chapter and state ADU law; overlays do not automatically remove ADU entitlement but ADUs must still comply with the zoning chapter’s applicable standards unless prohibited by a specific overlay provision. The code cross‑references the ADU provisions and the California Building Standards. See § 10.60.030 and the ADU chapter.

Who makes the decision when a property is proposed for historic designation?

The Historic Commission hears the designation application and makes a recommendation to the City Council; notices, hearings, and timing rules (including the 90‑day limitation on certain permits while designation is considered) are set out in the chapter. Final designation is by Council action following the Commission’s recommendation. See § 10.38.060–.070.

Can a PUD increase maximum residential density above General Plan caps?

No. A PUD cannot be used to increase residential densities beyond the General Plan maximum. The PUD chapter explicitly prohibits using a PUD to increase densities beyond what the General Plan allows. See § 10.40.040.

If an overlay conflicts with a base zone numeric standard, which controls?

The overlay controls—overlay district regulations apply in addition to base zone regulations and, where there is a conflict, the overlay requirement applies. See § 10.06.030.

Do I need Commission review for development in the Downtown or MU overlays?

Not every application will require a discretionary Commission hearing, but both overlays include design and conditional use standards; larger or conditional projects (e.g., multi‑family above certain densities, special use permits) will typically trigger discretionary review and design standards. Check § 10.42.030–.090 and § 10.46.050–.070 to determine whether your proposal requires a conditional permit or design review.

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