Article 2. Duplex Residential District (D-3)

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10-2.2.201 Purpose and Intent.

The purpose of the Duplex Residential Zoning District is to provide for certain residential areas where a compatible mix of single-family and duplex dwelling units is likely to occur. The intent is to stabilize and protect the essential residential characteristics of the following areas: 1) residential areas in the vicinity of the Pedestrian Retail area that are primarily developed with single family dwellings; and 2) areas adjacent to both single family residential and multiple family residential.

10-2.2.202 Land Use Regulations.

In the following table, the letters in the "Use Regulation" column are defined as follows:

P

=

A permitted use.

L

=

A use permitted subject to certain limitations prescribed by the "Use Regulations" that immediately follow the table.

U

=

A use permitted on approval of a Conditional Use Permit.

Letters in parentheses in the "Additional Regulations" column are described in the "Additional Regulations" section following the "Use Regulations". Where a Use Regulation or a letter in parentheses is opposite a use classification heading, the referenced regulations shall apply to all use classifications under the heading. Land uses not listed (indicated by strikeout) are not permitted.

LAND USE

USE REGULATIONS

ADDITIONAL REGULATIONS

A. Residential Use Classifications

 

(A)(B)(C)(G)

1. Adult Day Care Home

P

 

2. Congregate Living Facility

 

 

3. Family Day Care Home

 

 

a. Small Family Day Care Home

P

(D)

b. Large Family Day Care Home

L(1)

(D)

4. Group Residential

 

 

5. Multiple Family Residential

L(2)

 

6. Residential Care Home

P

 

7. Accessory Dwelling Units

 

 

a. Accessory Dwelling Unit

P

(I)

b. Junior Accessory Dwelling Unit

P

(I)

8. Single Family Residential

P

 

B. Commercial Use Classifications

 

 

1. Ambulance Services

 

 

2. Animal Sales and Service

 

 

a. Animal Hospital

 

 

b. Animal: Retail Sales and Grooming

 

 

c. Horse Stables

 

 

d. Kennel

 

 

3. Artist Studio

 

 

4. Banks and Savings and Loans

 

 

a. Banks and Savings and Loans

 

 

(1) With Drive-up Service

 

 

(2) With Automated Teller Machine

 

 

5. Catering Services

 

 

6. Commercial Cannabis Business

 

 

a. Commercial Cannabis Cultivation

 

 

b. Commercial Cannabis Distribution

 

 

c. Commercial Cannabis Manufacturing

 

 

d. Commercial Cannabis Retail Dispensary

 

 

(1) With Cannabis Delivery

 

 

e. Nonstorefront Delivery-Only Operation

 

 

f. Commercial Cannabis Testing Laboratory

 

 

7. Communication Facilities

 

 

8. Custom Manufacturing

 

 

9. Eating and Drinking Establishments

 

 

a. Eating and Drinking Establishments

 

 

(1) With Alcoholic Beverage Service

 

 

(2) With Live Entertainment/Dancing

 

 

(3) With Take-out Service

 

 

(a) Drive-up

 

 

(4) With Permanent Outdoor Seating

 

 

(5) With Off-site Distribution

 

 

(a) Micro-brewery

 

 

10. Food and Beverage Sales

 

 

a. Food and Beverage Sales

 

 

b. Convenience Market

 

 

(1) With Gasoline Sales

 

 

c. Specialty Food Shops

 

 

(1) With Off-site Distribution

 

 

11. Funeral and Interment Services

 

 

12. Health Clubs

 

 

13. Home Improvement Sales and Service

 

 

14. Horticultural Establishment

 

 

15. Lumber and Building Material Yard

 

 

16. Maintenance and Repair Service/Small Equipment

 

 

17. Mini Storage

 

 

18. Nursery

 

 

19. Offices, Business and Professional

 

 

a. Offices, Business and Professional

 

 

(1) Offices, Medical

 

 

20. Parking, Commercial Facility

 

 

21. Pawn Shop

 

 

22. Personal Improvement Services

 

 

23. Personal Services

 

 

24. Recreation and Entertainment, Commercial

 

 

a. Within a Building

 

 

b. Outside a Building

 

 

25. Research and Development Services

 

 

26. Retail Sales/Rental

 

 

27. Vehicle/Equipment Sales and Service

 

 

a. Automobile Rental/Leasing

 

 

b. Automobile Sales/New and Used

 

 

c. Automobile Washing

 

 

(1) Automobile Wrecking

 

 

d. Service Stations

 

 

(1) Automobile Washing

 

 

e. Vehicle/Equipment Repair

 

 

(1) Limited Vehicle Service

 

 

f. Vehicle/Equipment Sales and Rentals

 

 

g. Vehicle Storage

 

 

28. Visitor Accommodations

 

 

a. Bed and Breakfast Inns

U

(E)

b. Hotels

 

 

c. Motels

 

 

C. Industrial Use Classifications

 

 

1. General Industry

 

 

2. Limited Industry

 

 

3. Research Development Industry

 

 

4. Wholesaling, Distribution and Storage

 

 

D. Agricultural Use Classifications

 

 

1. Animal Husbandry

 

 

2. Crop Production

 

 

E. Community Facility Use Classifications

 

 

1. Adult Day Care Facility

U

 

2. Child Day Care Facility (Day Care Center)

U

(D)

3. Clubs and Lodges

L(3)

 

4. College, Public or Private

U

 

5. Cultural Institutions

 

 

a. Cultural Institutions

U

 

b. Natural History/Science Museum

U

 

6. Emergency Medical Care

 

7. Government Offices

 

 

8. Hazardous Waste Management Facility

 

 

9. Heliports

 

 

10. Hospitals

 

 

a. Acute Care

 

 

b. Other

 

 

11. Housing for the Homeless/Emergency Shelters

 

 

12. Maintenance and Service Facilities

 

 

13. Park and Recreation Facilities

L(4)

 

14. Public Parking Facilities

 

 

15. Public Safety Facilities

 

 

16. Public Transit Terminals

 

 

17. Recycling Facilities

 

 

a. Collection Facility

 

 

(1) Reverse Vending Machine

L(5)

(F)

(2) Small Collection Facility

L(5)

(F)

(3) Large Collection Facility

 

 

b. Processing Facility

 

 

18. Religious Assembly

U

 

19. Residential Care Facility

L(6)

 

20. Schools, Public or Private

U

 

21. Skilled Nursing Facilities

U

 

22. Utilities, Major

L(7)

 

23. Utilities, Minor

P

 

F. Accessory Uses

 

1. Accessory Living Quarters

L(8)

 

2. Accessory Structure

L(9)

 

3. Accessory Uses

L(10)

 

a. Garage Sales

P

 

b. Home Occupations

L(10)

 

c. Personal Cannabis Cultivation

L(12)

(H)

G. Temporary Uses

 

 

1. Arts and Crafts Shows, Outdoor

L(11)

 

2. Christmas Tree Sales

L(11)

 

3. Civic/Community Events

L(11)

 

4. Farmers Markets

L(11)

 

5. Live Entertainment Events

L(11)

 

6. Outdoor Seating/Eating and Drinking Estab

 

 

7. Pumpkin Sales

L(11)

 

8. Retail Sales, Outdoor

 

 

9. Swap Meets, Non-Recurring

L(11)

 

10. Swap Meets, Recurring

 

 

11. Street Fairs

 

 

12. Vendor Carts

 

 

USE REGULATIONS

L(1)

Permitted subject to the issuance of a Large Family Day Care Home Permit by the Zoning Administrator.

L(2)

Duplexes or more than one single family dwelling are permitted, not to exceed 4 dwelling units on any one lot, regardless of size. All other uses within this classification, including buildings containing three or more units, are not permitted.

L(3)

Permitted on approval of a Conditional Use Permit. In approving the Use Permit the Planning Commission shall find that: 1) the proposed facility is located on a collector or arterial street; and 2) the facility is under 2,500 square feet in size.

L(4)

Private neighborhood swim centers, owned and operated by and for the residents of the neighborhood in which such uses are located, are permitted upon approval of a Conditional Use Permit. All other uses within this classification are permitted.

L(5)

Reverse vending machines used by occupants of single family homes, duplex units and multiple family housing projects for the sole collection and storage of recyclable material generated by on-site residents are permitted. Reverse vending machines and small collection facilities are permitted in Community Service Facilities (see Part III, Article 7. Recycling Facilities. for the definition of "Community Service Facilities") upon approval by the Community Development Director. Storage containers must be enclosed or placed out of view of any public right-of-way.

L(6)

Permitted if the occupants of the facility meet the definition of handicapped under the Fair Housing Act, otherwise not permitted. Parking, as required in Part III, Article 2. Off-site Parking and Loading Regulations. shall be provided.

L(7)

Electrical substations, aboveground electrical transmission lines, water pumping stations and switching buildings are permitted uses. All other uses within this classification are not permitted.

L(8)

Accessory living quarters, as defined in Park I, Article 4. Use Classifications, are living quarters within an accessory structure, without kitchen facilities. Accessory living quarters are permitted subject to the standards in Sec. 10-2.3.103. Accessory Structures.

L(9)

Accessory structures are permitted subject to the standards in Sec. 10-2.3.103. Accessory Structures.

L(10)

Home Occupations are permitted subject to the approval of a Home Occupation Permit (see Sec. 10-2.3.107. Home Occupations). For all other accessory uses see the use regulation for the primary use classification.

L(11)

Permitted in neighborhood swim centers, cultural institutions, park and recreation facilities, religious assembly, and schools subject to the approval of a Temporary Activity Permit (see Sec. 10-2.3.118. Temporary Activity Permits).

L(12)

Personal cannabis cultivation is permitted subject to the regulations outlined by Article 14 of Part III of the Zoning Ordinance.

ADDITIONAL USE REGULATIONS

(A)

See Sec. 10-2.3.103. Accessory Buildings

(B)

See Sec. 10-2.3.107. Home Occupations.

(C)

See Sec. 10-2.3.108. Animals.

(D)

See Part III, Article 6. Child Day Care Facilities.

(E)

See Sec. 10-2.3.109. Bed and Breakfast Inns.

(F)

See Part III, Article 7. Recycling Facilities.

(G)

See Part III, Article 9. Inclusionary Housing.

(H)

See Part III, Article 14. Personal and Commercial Cannabis Activities.

(I)

See Part III, Article 5. Accessory Dwelling Units.

(§6, Ord. 2129, eff. 7/3/14; §§7(1), (9)—(11), Ord. 2183, eff. 9/8/18; §5, Ord. 2188, eff. 3/8/19; §8, Ord. 2210, eff. 10/22/21; §5(1), Ord. 2216, eff. 7/2/22)

10-2.2.203 Property Development Regulations.

The following schedule prescribes development regulations for the Duplex Residential District. The symbol "NA" indicates that there is no restriction for that particular development regulation or it is not applicable in this District. Numbers in parentheses refer to the "Additional Development Regulations" following the schedule. If the Development Regulation column is blank, the development regulation is then outlined in the "Additional Regulation" footnote.

CLASSIFICATION

DEVELOPMENT REGULATIONS

ADDITIONAL REGULATIONS

A. Minimum Lot Area

6,000 sq. ft.

D(1), D(2), D(3)

B. Minimum Lot Width

60 ft.

D(2), D(3)

C. Minimum Lot Frontage

60 ft.

D(2), D(3), D(5)

D. Minimum Lot Depth

NA

 

E. Minimum Setbacks

D(2), D(3), D(4), D(5)

 

1. Front

15 ft.

 

2. Side

D(6)

3. Corner Side

10 ft.

D(6)

4. Rear

10 ft.

 

F. Maximum Height

25 ft., 2 stories

 

G. Density

 

D(7)

H. Maximum Lot Coverage

50%

 

I. Distance Between Buildings

 

D(8)

J. Placement of Mailboxes

 

D(9)

K. Design Review

 

D(10)

L. Fences and Walls

See Sec. 10-2.3.104.

 

M. Antennas

See Sec. 10-2.3.120.

 

N. Non-Conforming Conditions

See Part III, Article 3.

 

O. Elevators

See Sec. 10-2.3.124.

 

P. Recycling Facilities

See Part III, Article 7.

 

Q. Parking and Loading

See Part III, Article 2.

 

R. Signs

See Title 10, Chapter 8.

 

S. Preservation of Trees

See Title 3. Chapter 8.

 

T. Hillside Performance Standards

See Part III, Article 4.

 

U. Stormwater Control

See Title 9, Chapter 16.

 

V. Landscaping

See Part III, Article 11.

 

 

ADDITIONAL DEVELOPMENT REGULATIONS

D(1)

Any lot which is non-conforming because of area may be used for only one single family dwelling and accessory buildings and uses.

D(2)

For development of uses within the Commercial and Community Facility Use Classifications, the minimum lot area, lot width, lot frontage and setbacks are to be determined by the Planning Commission in approval of the Conditional Use Permit.

D(3)

See Sec. 10-2.3.106. Exclusion of Rights of Way.

D(4)

See. Sec. 10-2.3.102. Yards, Setbacks and Open Areas.

D(5)

Refer to the Zoning Map for Future Street Line Setbacks.

D(6)

The minimum interior side yards for one-story buildings in The D-3 district shall be 5 feet on each side. Every building over one story shall provide a setback, for the second story, of 5 feet, plus 3 inches of additional setback for each foot that such building exceeds 10 feet in height. The side yard on the street side of a reversed corner lot shall be 15 feet.

D(7)

The maximum permitted density shall be determined by the stricter of the following three regulations:

 

(a) General Plan Land Use Map;

 

(b) Minimum Lot Area as determined in A. above. In addition: 1) there shall be not less than 6,000 square feet of lot area for 2 dwelling units and 4,500 square feet of lot area for each dwelling unit in excess of 2 on one lot; 2) no more than 4 dwelling units are permitted on any one lot, regardless of lot size; and 3) buildings containing three or more units are not permitted.

 

(c) Maximum density as permitted under Part III, Article 4. Hillside Performance Standards.

D(8)

The minimum distance between two buildings on one lot shall be as follows: (a) Between two main buildings: 10 feet. (b) Between a main building and an accessory building: 5 feet.

D(9)

No mailbox shall be placed within the minimum required depth of the front yard in the sidewalk area between the curb and property line in any R or D-3 district unless the regulations of the U.S. Postal Service specifically mandate such placement. The Chief of Code Enforcement may grant an exception to the above restriction wherein special circumstances applicable to the property such as size, shape, location of buildings justify the exception.

D(10)

Except for those single family dwellings, duplex dwellings and accessory structures exempted from the provisions of this section, no new building shall be constructed or moved onto any building site, nor shall any existing non-residential building be enlarged, remodeled or otherwise altered on the exterior, nor shall any landscaping previously required pursuant to any permit be altered, nor shall any parking layout or dimension be altered until the design plan and site plan have received Design Review approval pursuant to Part IV, Article 12. of this Chapter.

 

The provisions of this section D(10) shall not apply to:

 

(a) Additions to existing single family and duplex dwellings.

 

(b) Swimming pools, patios and covers, fences and other accessory structures except when design review is required for the main building and the accessory structure is to be constructed concurrently with the main building.

(§2, Ord. 2037, eff. 12/17/04; §6, Ord. 2108, eff. 4/7/12)