Chapter 17.02
GENERAL PROVISIONS*

Sections:

17.02.010    Plan adopted.

17.02.020    Title for citation.

17.02.030    Purpose.

17.02.040    Nature of zoning plan.

17.02.050    Establishment and designation of districts.

17.02.060    Combining regulations.

17.02.070    District boundaries.

17.02.080    Effect of establishment of districts.

17.02.090    U districts.

17.02.100    Suspension of time limits.

*    Prior ordinance history: Ords. 77-10, 82-14 and 92-5.

17.02.010 Plan adopted.

There is adopted a zoning plan for the city, said zoning plan being a districting plan as provided by law. (Zoning ordinance dated 7/94 (part), 1994)

17.02.020 Title for citation.

This title shall be known and cited as “The Zoning Ordinance of the city of Marina.” (Zoning ordinance dated 7/94 (part), 1994)

17.02.030 Purpose.

This zoning plan is adopted to promote and protect the public health, safety, peace, morale, comfort, convenience and general welfare, and for the accomplishment thereof and is adopted, among other purposes for the following more particularly specified purposes:

A.    To assist in providing a definite plan of development for the city, and to guide, control and regulate the future growth of the city in accordance with said plan;

B.    To protect the character and the social and economic stability of agricultural, residential, commercial, industrial, and other areas, within the city and to assure the orderly and beneficial development of such areas;

C.    To implement the city’s coastal program. (Zoning ordinance dated 7/94 (part), 1994)

17.02.040 Nature of zoning plan.

This zoning plan consists of the establishment of various districts within the incorporated area of the city within some, all or none of which it is unlawful to erect, construct, alter or maintain certain buildings or to carry on certain trades or occupations or to conduct certain uses of land or of buildings; within which the height and bulk of future buildings shall be limited; within which certain open spaces shall be required about future buildings and consisting further of appropriate regulations to be enforced in such districts, all as set forth in this title. (Zoning ordinance dated 7/94 (part), 1994)

17.02.050 Establishment and designation of districts.

The several districts established and into which the city is divided are designated as follows:

U

unclassified districts

O

open space districts

K

agricultural-residential districts

ST

special treatment districts

R-1

single-family residential districts

R-2

duplex residential districts

R-3

limited multiple-family residential districts

R-4

multiple-family residential districts

C-R

commercial multiple-family residential districts

C-1

retail business districts

PC

planned commercial districts

C-2

general commercial districts

L-M

limited industrial districts

M

industrial districts

T

transitional districts

P-F

public facilities districts

C-D

coastal conservation and development districts

(Zoning ordinance dated 7/94 (part), 1994)

17.02.060 Combining regulations.

In addition to the foregoing districts, certain combining districts are established and are designated as follows:

A

limited agricultural uses

X

camp districts

S

integrated districts

B-1

first building site area and yard regulations

B-2

second building site area and yard regulations

B-3

third building site area and yard regulations

B-4

fourth building site area and yard regulations

B-5

special building site area and yard regulations

B-6

second special building site area and yard regulations

C-P

coastal development permit district

SU

Coastal Zone secondary use combining district

(Zoning ordinance dated 7/94 (part), 1994)

17.02.070 District boundaries.

A.    The designations, locations and boundaries of such districts are set forth on the city zoning map.

B.    The aforesaid districts and certain combinations are established insofar as the designation, locations and boundaries thereof are set forth and indicated in the sections of this title which describe certain of said districts.

C.    Where uncertainty exists as to the boundaries of any of the aforesaid districts as described as aforesaid or as shown on said sectional maps, the planning commission upon written application or upon its own motion, shall determine the location of such boundaries. (Zoning ordinance dated 7/94 (part), 1994)

17.02.080 Effect of establishment of districts.

A.    Except as hereinafter otherwise provided:

1.    No building shall be erected and no existing building shall be moved, altered, added to or enlarged, nor shall any land, building or premises be used, designated or intended to be used for any purpose, or in any manner other than is included among the uses hereinafter listed as permitted in the district in which such building, land or premises is located.

2.    No building shall be erected, reconstructed or structurally altered to exceed in height the limit hereinafter designated for the districts in which such building is located.

3.    No building shall be erected, nor shall any existing building be altered, enlarged or rebuilt, nor shall any open space be encroached upon or reduced in any manner, except in conformity to the yard, building site area and building location regulations hereinafter designated for the district in which such building or open space is located.

4.    No yard or other open space provided about any building for the purpose of complying with provisions of this title shall be considered as providing a yard or open space for any other building, and no yard or other open space on one building site, shall be considered as providing a yard or open space for a building on any other building site.

B.    No governmental unit whether city, county, district, state or federal shall be exempt from the provisions of this title. (Zoning ordinance dated 7/94 (part), 1994)

17.02.090 U districts.

All the territory of the city which is not included under the terms of this title in any other district, is designated and classified as constituting U districts. (Zoning ordinance dated 7/94 (part), 1994)

17.02.100 Suspension of time limits.

A.    Whenever a time limit is prescribed by this title, the zoning ordinance of the city of Marina, or is imposed as a condition which is applicable to any permit or approval granted or any action taken pursuant to this title, any time during which the city is prevented due to circumstances beyond the control of the city from fulfilling a responsibility which is prerequisite to the applicant’s accomplishment of the requirements to meet said time limit, the time during which said circumstances continue shall not be included as part of the time in which the condition or time limit established by ordinance must be fulfilled. “Circumstances beyond the control of the city” as used in this section is defined to include only actions by parties beyond the control of the city, including but not limited to inability or failure of persons other than the city to take actions which are prerequisite to the city’s fulfillment of its responsibilities, the departure of key city personnel, appeals to the city council or to other responsible authorities, and lawsuits filed against the city to challenge an associated permit, approval granted or any other related city action. Subject time limits shall be suspended for those periods of time during which the city is prevented by circumstances beyond the control of the city from fulfilling what either are or would ultimately become its responsibilities should all other requirements precedent to the city taking action to fulfill these responsibilities be ultimately satisfied. No city responsibility can be created to bring about a time limit suspension relating to a particular project, permit, approval granted or any city action taken pursuant to this title as a result of actions or inactions by the beneficiaries of the project, permit, approval granted or any city action taken pursuant to this title. This section shall apply to any unexpired time limits imposed prior to the effective date of this section as well as to such future time limits.

B.    Upon request, the director of planning may be asked to determine whether there has been a delay caused by circumstances beyond the control of the city. The time limit suspension provided for by this section shall not come into effect for any specific time limit case unless such a request is made and the director of planning makes the administrative determination that there has been such a delay. If such a delay is determined, the Planning Director shall also determine the number of days during which applicable time limits have been suspended pursuant to this section and report the findings to the city manager, planning commission, and city council. Notice of said determinations shall be mailed to all persons having previously requested in writing to be notified of any city activities related to the original action to which the time limit conditions or ordinance provisions apply. Within seven calendar days of the director of planning’s written notice of the determinations, any person may appeal to the city council the director of planning’s determinations upon submission of a letter to the city clerk describing the reasons for the appeal accompanied by a fee equal to the lowest fee applicable to the class of action(s) to which the time limit applies. (Zoning ordinance dated 7/94 (part), 1994)