Chapter 17.08
ORGANIZATION, APPLICABILITY, AND INTERPRETATION
Sections:
17.08.020 General rules for applicability of zoning regulations.
17.08.030 Applicability of land use and development regulations.
17.08.040 Rules for interpretation.
17.08.050 Effect of this title on approved projects and projects in process.
17.08.060 Consolidation of applications.
17.08.080 Applications deemed withdrawn.
17.08.010 Organization.
A. Structure of Regulations. The zoning regulations are divided into five divisions:
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Division I: |
General Provisions; |
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Division II: |
Base District Regulations; |
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Division III: |
Overlay District Regulations; |
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Division IV: |
Regulations Applying in All or Several Districts; |
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Division V: |
Administrative Regulations. |
B. Types of Regulations. Three types of zoning regulations control the use and development of property:
1. Land use regulations specify land uses permitted or conditionally permitted in each zoning district, and include special requirements, if any, applicable to specific uses. Land use regulations for base zoning districts are in Division II of the zoning regulations; land use regulations for overlay districts are in Division III. Certain regulations, applicable in all or several districts, are in Division IV.
2. Development regulations control the height, bulk, location, and appearance of structures on development sites. Development regulations for base zoning districts are in Division II of the zoning regulations; development regulations for overlay districts are in Division III. Certain development regulations, applicable in more than one class of base or overlay districts, are in Division IV. These include parking and loading regulations; regulations for condominium conversions, mobile home park conversions, wind energy conversion systems, and trees and views; as well as site development regulations.
3. Administrative regulations contain detailed procedures for the administration of zoning regulations, including requirements for design review; public hearings on ordinance amendments, zoning permits, use permits, and variances; development agreements; amendments; appeals of zoning decisions; and enforcement. Administrative regulations are in Division V. (Ord. 87-4 N.S., 1987).
17.08.020 General rules for applicability of zoning regulations.
A. Applicability to Property. Zoning regulations shall apply to all land within the city of Benicia, including land owned by the city and other local, state or federal agencies, where applicable. Application of regulations to specific lots shall be governed by the zoning map.
B. Relation to Streets and Rights-of-Way. Public streets, utilities, and other rights-of-way shall be in the same zoning district as contiguous property. Where contiguous properties are classified in different zoning districts, the centerline of the street or right-of-way shall be the district boundary. The permitted use of such streets, utilities and rights-of-way shall be construed to include those uses and improvements necessary for vehicular transportation, pedestrian and bicycle ways, or other related purposes to serve the general public. Private or proprietary use of such land, irrespective of whether it is permitted by the underlying zoning district, shall be permitted only in accordance with the other applicable provisions and permitting requirements of this municipal code.
C. Compliance with Regulations. No land shall be used and no structure shall be constructed, occupied, enlarged, altered, or moved in any zoning district except in accord with the provisions of this title.
D. Public Nuisance. Neither the provisions of this title nor the approval of any permit authorized by this title shall authorize the maintenance of any public nuisance.
E. Compliance with Public Notice Requirements. Compliance with public notice requirements prescribed by this title shall be deemed sufficient notice to allow the city to proceed with a public hearing and take action on an application, regardless of actual receipt of mailed or delivered notice.
F. Requests for Notice. Where this title requires that notice be given by first class mail to “any person who has filed a written request for such notice,” the request shall be filed with the community development director and shall be subject to the applicable fees set to cover mailing costs pursuant to BMC 17.100.070. A request for mailing of a single notice of a single decision shall not require payment of a fee.
G. Conflict with Other Regulations. Where conflict occurs between the provisions of this title and any other city code, ordinance, resolution, guideline, or regulation, the more restrictive provision shall control unless otherwise specified in this title.
H. Relation to Private Agreements. This title shall not interfere with or annul any easement, covenant, or other agreement now in effect; provided, that where this title imposes a greater restriction than imposed by an easement, covenant, or agreement, this title shall control.
I. Relation to Prior Ordinance. The provisions of this title supersede Ordinance 1261 M.C. (1970), as amended, of the city, except that no provision of this title shall validate or legalize any land use or structure established, constructed, or maintained in violation of Ordinance 1261 M.C. (1970), as amended, unless specifically authorized by this title.
J. Zoning of Annexed Land. The community development director shall conduct a study to determine the most appropriate general plan designation for land proposed for annexation to the city, and shall recommend prezoning consistent with the general plan designation. If prezoning is approved by the planning commission and the city council, the zoning shall become effective upon annexation.
K. Application During Local Emergency. The city council may authorize deviations from any provision of this title during a local emergency declared and ratified pursuant to Chapter 2.64 BMC. Such deviations shall be authorized by resolution of the city council, without notice or public hearing.
L. Severability. If any section, subsection, sentence, or phase of this title is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, the remaining portions of this title shall not be affected. It is expressly declared that this title and each section, subsection, sentence, and phrase would have been adopted regardless of the fact that one or more other portions of this title would be declared invalid or unconstitutional.
M. Nondiscrimination. In the administration of its zoning and land use policies regarding homeless shelters, transitional housing, supportive housing or other housing designed to assist homeless persons or persons with special needs, the city shall comply with all applicable state and federal fair housing laws, including, but not limited to, applicable provisions of the Federal Fair Housing Act, 42 U.S.C. Section 3601, et seq. as amended by the Fair Housing Amendments Act, the Americans with Disabilities Act, 42 U.S.C. Section 12117, the California Fair Employment and Housing Act, Government Code Section 12950 et seq., the Unruh Act, Civil Code Section 51 and Government Code Sections 65008 and 65589.5. (Ord. 15-02 § 1; Ord. 99-7; Ord. 87-4 N.S., 1987).
17.08.030 Applicability of land use and development regulations.
A. Zoning Designation System. Land use and development regulations applicable to specific sites shall be shown on the zoning map by zoning designations consisting of classes of letter designators:
1. A land use regulations designator, indicating the principal land uses permitted or conditionally permitted in each district, shall be a component of all zoning designations.
2. Overlay district designators shall be included in a zoning designation if the provisions of one or more overlay districts are applicable to a site.
B. Establishment of Base Zoning Districts.
1. Base zoning districts into which the city is divided are established as follows:
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Base District Designator |
Base District Name |
Chapter |
|---|---|---|
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RS |
Single-Family Residential District |
17.24 |
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RM |
Medium-Density Residential District |
17.24 |
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RH |
High-Density Residential District |
17.24 |
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MU-I |
Mixed Use – Infill |
17.26 |
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MU-L |
Mixed Use – Limited |
17.26 |
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CC |
Community Commercial District |
17.28 |
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CO |
Commercial Office District |
17.28 |
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CG |
General Commercial District |
17.28 |
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CW |
Waterfront Commercial District |
17.28 |
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IL |
Limited Industrial District |
17.32 |
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IG |
General Industrial District |
17.32 |
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IW |
Water-Related Industrial District |
17.32 |
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IP |
Industrial Park District |
17.32 |
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OS |
Open Space District |
17.36 |
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PS |
Public and Semipublic District |
17.40 |
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PD |
Planned Development District |
17.44 |
2. Land use regulations and development standards for the downtown mixed use master plan area, plus the remaining parcels along First Street south of B Street, are regulated by the downtown mixed use master plan.
C. Establishment of Overlay Zoning Districts. Overlay zoning districts, one or more of which may be combined with a base district, are established as follows:
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Overlay District Designator |
Overlay District Name |
Chapter |
|---|---|---|
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HD |
Hillside Development Overlay District |
17.50 |
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H |
Historic Overlay District |
17.54 |
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S |
Shoreline Protection Overlay District |
17.58 |
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NC |
Neighborhood Conservation Overlay District |
17.62 |
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HOS |
Housing Opportunity Sites Overlay District |
17.64 |
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IS |
Interim Study Overlay District |
17.66 |
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MP |
Master Plan Overlay District |
17.68 |
D. References to Classes of Base Districts. References to R districts refer to all residential districts; references to C districts refer to all commercial districts; and references to I districts refer to all industrial districts. (Ord. 23-03 § 1; Ord. 22-03 § 1; Ord. 87-4 N.S., 1987).
17.08.040 Rules for interpretation.
A. Zoning Regulations. Where uncertainty exists regarding the interpretation of any provision of this title or its application to a specific site, the community development director shall determine the intent of the provision.
B. Zoning Map. Where uncertainty exists regarding the boundary of a zoning district, the following rules shall apply:
1. District boundaries shown as approximately following the property line of a lot shall be construed to follow such property line.
2. On unsubdivided land, or where a district boundary divides a lot, the location of the district boundary shall be determined by using the scale appearing on the zoning map, unless the boundary location is indicated by dimensions printed on the map.
3. District boundaries shown as approximately following right-of-way lines of freeways, streets, alleys, railroads, or other identifiable boundary lines shall be construed to follow such right-of-way or boundary lines.
4. District boundaries shown as lying within right-of-way lines of freeways, streets, alleys, railroads, or other identifiable boundary lines shall be construed to follow the centerline of such right-of-way or boundary lines.
5. Should any uncertainty remain as to the location of a district boundary or other feature shown on the zoning map, the location shall be determined by the community development director.
C. Appeals. An interpretation of the zoning regulations or zoning map by the community development director may be appealed to the planning commission, as provided in Chapter 1.44 BMC. (Ord. 07-58 § 1; Ord. 87-4 N.S., 1987).
17.08.050 Effect of this title on approved projects and projects in process.
A. Approved Projects.
1. Use permits, variances, design approvals, and tentative subdivision maps, which are valid on the effective date of the ordinance codified in this title, shall remain valid until their expiration date. These projects can be built in accord with the development standards in effect at the time of approval; provided, that the use permit or design approval is valid at the time building permits are issued and that such permit is subject to any time limits imposed pursuant to BMC Title 15, Buildings and Construction.
2. No provision of this title shall require any change in the plans, construction or designated use of any structure for which a building permit has been issued prior to the effective date of the ordinance codified in this title or any subsequent amendment.
3. Any reapplication for an expired permit must meet the standards in effect at the time of reapplication.
4. Any modification of a valid permit issued prior to the effective date of the ordinance codified in this title that results in a change of use or an increase in square footage may be approved only as a conditional use under the provisions of Chapter 17.104 BMC by the planning commission; and in no case may an increase in excess of 10,000 square feet be allowed. (Ord. 87-4 N.S., 1987).
17.08.060 Consolidation of applications.
Applications for any discretionary permit requested or required in conjunction with other permits or variances requiring discretionary action by more than one decision-making authority or body may be consolidated at the applicant’s request. The findings for each permit shall be considered individually; however, for the purpose of discretionary action, these multiple permits shall constitute one project, but decision-making authority shall rest with the permit-granting authority or body as prescribed by this title. (Ord. 87-4 N.S., 1987).
17.08.080 Applications deemed withdrawn.
The community development director may deem an application withdrawn if the applicant has been notified in writing that more information is needed to process the application and there is no submittal of new or revised information to complete the application for a period of 180 days, unless the community development director determines there is good reason to grant a further extension to provide the needed information. (Ord. 22-13 § 1).