OCEANSIDE ZONING ORDINANCE

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1 OCEANSIDE ZONING ORDINANCE TABLE OF CONTENTS Page PART I - GENERAL PROVISIONS Article 1 Title, Components and Purposes Title Components Purposes Consideration of Discretionary Applications 1-3 Article 2 Organization, Applicability, and Interpretation Organization General Rules for Applicability of Zoning Regulations Applicability of Land Use and Development Regulations Rules for Interpretation Effect of this Ordinance on Approved Projects 2-8 Article 3 Definitions Purpose and Applicability Rules for Construction of Language Definitions 3-2 Article 4 Use Classifications Purpose and Applicability Uses Not Classified Residential Use Classifications Public and Semipublic Use Classifications Commercial Use Classifications Industrial Use Classifications Agricultural and Extractive Use Classifications Accessory Use Classifications Temporary Use Classification

2 PART II - BASE DISTRICT REGULATIONS Article 10 Residential Districts Specific Purposes Definitions: Residential Unit Types Residential Unit Type Regulations RE, RS, RM, RH, and RT Districts: Land Use Regulations RE, RS, RM, RH, and RT Districts: Property Development Regulations Review of Plans Article 11 C Commercial Districts Specific Purposes CN, CC, CG, CL, CR, CV, CS, and CP Districts: Land Use Regulations CN, CC, CG, CL, CR, CV, CS, and CP Districts: Property Development Regulations Review of Plans Article 13 I Industrial Districts Specific Purposes IL, IG, and IP Districts: Land Use Regulations IL, IG, and IP Districts: Property Development Regulations Review of Plans Article 14 A Agricultural District Specific Purposes Land Use Regulations Development Regulations Review of Plans Agricultural Activities 14-6 Article 15 OS Open Space District Specific Purposes Land Use Regulations Development Regulations Review of Plans

3 Article 16 PS Public and Semipublic District Specific Purposes Land Use Regulations Development Regulations Review of Plans 16-5 Article 17 PD Planned Development District Specific Purposes Land Use Regulations Development Regulations Initiation Required Plans and Materials Planning Commission Action Status of PD Plan and Development Plan Status of Specific Plan Zoning Map Designation Building Permits 17-6 Article 18 MR-P Military Reservation and Public District Specific Purposes Governing Regulations Reclassification 18-1 Article 19 MHP Mobile Home Park District Specific Purposes Definitions Land Use Regulations Development Regulations Initiation Required Plans and Materials Planning Commission Action Status of MHP Development Plan Building Permits Existing Mobile Home Parks Conversion of an Existing Mobile Home Park

4 PART III - OVERLAY ZONING DISTRICTS Article 21 H Historic Overlay District Specific Purposes Definitions Applicability and Zoning Map Designator Land Use and Development Regulations Criteria for Establishment of H District Criteria for Designating Historical Sites Conservation Plan Required Application Requirements Review and Approval Establishment of H Districts and Historical Site Designation Demolition and Design Review Procedures Existing Improvements Maintenance of Structures and Premises Article 22 SP Scenic Park Overlay District Specific Purposes Applicability and Zoning Map Designator Land Use Regulations Development Regulations Development Plan Review 22-4 Article 23 NC Neighborhood Conservation Overlay District Specific Purposes Area Requirements Status of NC Neighborhood Conservation Overlay District and Approved Plan Allowable Modifications to Use Regulations and Development Standards Application for Designation Adoption of NC Overlay District and Neighborhood Conservation Plan Zoning Map Designator Building Permits

5 Article 24 PBD Planned Block Development Purpose Area Requirements Status of PBD Planned Block Development Overlay District and Approved Plan Allowable Modifications to Use Regulations and Development Standards of the underlying Zoning District Application for Designation Adoption of PBD Overlay District and Development Plan Effective Date; Lapse of Approvals; Time Extensions; Changed Plans Zoning Map Designator Building Permits 24-6 Article 25 IS Interim Study Overlay District Specific Purpose and Applicability Zoning Map Designator Land Use Regulations Development Regulations Expiration of IS District Ordinance; Renewal Resubmittal of Development Proposals 25-2 Article 26 MP Master Plan Overlay District Specific Purposes Applicability and Zoning Map Designator Land Use Regulations Development Regulations Initiation Required Plan and Materials Minimum Lot Size; Maximum Number of Dwelling Units Approval of a Master Plan Amendments to Adopted Master Plan Expiration and Renewal; Changed Plans Development Plan Review

6 Article 27 N Nonconforming Use Amortization Overlay District Specific Purposes Applicability and Zoning Map Designator Requirements for Establishment of District Alternative Schedule for Termination of Nonconforming Use 27-2 Article 28 EQ Equestrian Overlay District Specific Purposes Applicability Zoning Map Designator Allowable Modifications to Development Standards Land Use Regulations Development Regulations Project Review Alteration of Standards to Permit Development Consistent with General Plan 28-6 Article 29 Senior Mobile Home Park Overlay District Specific Purposes Definitions Zoning Map Designator Qualification for Inclusion of Properties Within the Senior Mobile Home Park Overlay District Land Use Regulations Development Regulations and Incentives Project Review Limitations on Rentals Applicability Violations Severability PART IV - REGULATIONS APPLYING IN ALL OR SEVERAL DISTRICTS -6-

7 Article 30 Site Regulations Specific Purposes and Applicability Relocated Buildings Exterior Materials in R Districts Religious Assembly Yard Requirements Nonresidential Accessory Structures Accessory Dwelling Units Home Occupations in A, O, MHP and R Districts Swimming Pools and Hot Tubs Live Entertainment Service Stations and Automobile Washing Maximum Dwelling Unit Occupancy Development on Substandard Lots Projects Divided by District Boundaries Building Projections into Yards and Courts Front Yards in R Districts Measurement of Height Exceptions to Height Limits Landscaping, Irrigation and Hydroseeding Outdoor Facilities Screening of Mechanical Equipment Solid Waste/Recyclable Materials Storage Areas Underground Utilities Performance Standards Replaced by new Article 39/39A (adopted ) Hazardous Materials Storage Arcades and Game Centers Employee Eating Areas Recreational Vehicle Parks Time-Share Resort Projects Bed and Breakfast Inns Affordable Housing Density Bonus Mobile Homes Animals Live/Work Quarters Helicopter Takeoff and Landing Areas Recycling Facilities Agricultural Sales Stands Hillside Development Provisions Fences and Walls Child Care Facility Mixed-use Plans

8 Article 31 Off-Street Parking and Loading Regulations Specific Purposes Basic Requirements for Off-Street Parking and Loading Off-Street Parking and Loading Spaces Required Collective Provision of Parking Reduced Parking for Other Uses Parking In-Lieu Payments Parking Spaces for the Handicapped Bicycle Parking Parking Space Dimensions Application of Dimensional Requirements Aisle Dimensions Specific Parking Area Design Parking Access from Street Driveway Widths and Clearances Driveways; Visibility Parking Area Screening: Walls and Fences Lighting Parking Lot Landscaping Driveways and Covered Parking Structure Design and Location in R Districts Additional Design Standards for Parking Lots and Structures Location and Design of Off-Street Loading Spaces Bus Turnouts and Shelters Article 32 Condominium Conversions Specific Purposes Applicability Objectives Definitions Requirements Application Procedures Required Reports and Information Condominium Conversion Standards Tenant Benefits and Notification Housing Assistance Fee Effect of Proposed Conversions on the City's Low- and Moderate-Income -8-

9 Housing Supply Density Bonus for Including Low- and Moderate-Income Housing Retaliation Unlawful Detainer Defense Findings Appeals Article 33A Signs Title, Purposes and Intent Basic Principles Definitions Allowable Signs Prohibited Signs General Sign Standards Procedures for Sign Approval Non-conforming Signs Enforcement Severability Article 33B Signs 3311 Title, Capacity and Scope Intent as to Public Forum Definitions General Prohibition Signs Exempt from Permit Requirements Kiosk Program Directional Signage Temporary Inanimate Signs Permanent Private party Signs on City Property Signs within the Small Craft Harbor Area Article 34 Mobile Home Park Conversion Specific Purpose Definitions Permit Required Relocation Plan Findings for Conversion Conditions of Approval Waiver

10 Article 35 Nonconforming Uses and Structures Purpose Nonconformity Resulting from Reclassification, Change of Ordinance or Annexation Determination of Nonconformity Nonconforming Use of Land When No Structure is Involved Abatement Period of Nonconformity Exception for Mobile Home Parks Abatement of Nonconforming Use of a Conforming Building Abatement of Nonconforming Buildings or Structures Termination of Nonconforming Status Reconstruction of Nonconforming Building Partially or Totally Destroyed Commission to Determine Conditions of Abatement Hearing, Notice Hearing, Evidence Hearing, Decision Decision, Notice to Owner Appeal Recordation 35-6 Article 36 Separation of Regulated Uses Statement of Purpose Regulated Uses Definitions Locational Requirements Waiver of Locational Requirements Applicability of Other Regulations Severance Clause Article 39 Wireless Communications Facility, Satellite Dish and Antenna Standards Purpose and Intent Definitions Applicability Conditional Use Permit Required Administrative Conditional Use Permit Application Submittal Requirements Findings for Approval Standard Conditions of Approval Operation and Maintenance Standards Public Rights-of-Way Wireless Communication Facility Standards Locational and Siting Standards Site Development Standards

11 3914 Safety and Monitoring Standards Duration, Revocation and Discontinuance Existing Facilities Upgrades with New Technology Green Technology Distributed Antenna Systems Federal Preemption Article 39A Amateur Radio Antenna and Support Structure Standards 39A A Purpose, Scope and Intent 39A A Administrative Conditional Use Permit, When Required 39A A Operation and Maintenance Standards 39A A Site Development Standards 39A A Duration, Transfer, Revocation and Discontinuance 39A-5-11-

12 PART V - ADMINISTRATION Article 40 Environmental Review Environmental Review 40-1 Article 41 Use Permits and Variances Purposes Authority of the City Planner, Planning Commission, Harbor Board, Community Development Commission and City Council Application for Use Permit or Variance Notice, Administrative Decision, and Public Hearing Required Findings Conditions of Approval Effective Date Lapse of Approvals; Time Extension; Transferability; Discontinuance; Revocation Changed Plans Appeals 41-7 Article 43 Development Plan Review Purpose and Applicability Review Requirements Initiation of Development Plan Review Application for Development Plan Notice, Administrative Hearing, and Public Hearing Required Findings Conditions of Approval Effective Date; Lapse of Approvals; Time Extensions; Changed Plans Appeals

13 Article 44 Development Agreements Purpose Application Requirements Pre-Application Process Department Review and Recommendation Public Hearing Required Planning Commission Action City Council Action Annual Review Application of Existing Rules, Regulations, and Policies Modification and Termination Administration 44-9 Article 45 Amendments Applicability Initiation of Amendments Required Application Materials for Amendments Initiated by Property Owners, Residents, or Business Owners Public Hearing Scope and Notice Duties of Planning Commission Duties of City Council Revisions of Proposed Amendments Resubmittal of Application 45-4 Article 46 Appeals and Calls for Review Purpose and Authorization for Appeals and Calls for Review Rights of Appeal Time Limits for Appeals and Calls for Review Initiation of Appeals and Calls for Review Procedures for Appeals and Calls for Review Effective Date New Application California Coastal Commission Appeals

14 Article 47 Enforcement Permits, Licenses, Certificates, and Approvals Enforcement Responsibilities Voidable Conveyances Revocation of Discretionary Permits Prosecution of Violations Penalties Additional Remedies - Abatement Additional Remedies - Civil Action

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