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City of Dana Point, CA
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Zoning Code
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Title 9 Zoning
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Title 9
Zoning
Note: Prior ordinance history: Ords. 89-12, 91-05, 91-09 and 93-18.
ATTACHMENTS
Attachment 1 - Appendix A - Master Land Use Matrix
Attachment 2 - Appendix B - Planned Residential Development Regulations
Attachment 3 - Appendix C - Dana Point Harbor Revitalization Plan and District Regulations
Attachment 4 - Appendix D - Monarch Beach Resort Specific Plan
Attachment 5 - Appendix E - Dana Point Town Center Plan
Attachment 6 - Appendix F - Chronology of Zone Text Amendments and Zone Changes
Chapter 9.01
GENERAL PROVISIONS
§ 9.01.010
Authority for this Code.
§ 9.01.020
Short Title.
§ 9.01.030
Purpose.
§ 9.01.040
Relationship and Consistency with the General Plan.
§ 9.01.050
Relationship to the California Coastal Act.
§ 9.01.060
Relationship to the California Environmental Quality Act.
§ 9.01.070
Relationship to Other Regulations.
§ 9.01.080
Relationship to Existing Specific Plans, Planned Communities and Local Coastal Programs.
§ 9.01.090
Effect of Code.
§ 9.01.100
Terminology Used in the Zoning Code.
§ 9.01.110
Requirements of this Code.
§ 9.01.120
Reference to Provisions of this Code.
§ 9.01.130
Severability of any Portion of this Code.
Chapter 9.03
ESTABLISHMENT OF ZONING DISTRICTS
§ 9.03.010
Zoning Districts Established.
§ 9.03.020
Adoption of Zoning Map.
§ 9.03.030
Uncertainty of Boundaries.
Chapter 9.05
GENERAL DEVELOPMENT STANDARDS
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§ 9.05.010
Intent and Purpose.
§ 9.05.020
Maintenance of Properties.
§ 9.05.030
Nuisances.
§ 9.05.040
Identification of Front Lot Lines.
§ 9.05.050
Adjustments for Front Yard Setbacks.
§ 9.05.060
Yard Requirements Modified by Previous Regulations.
§ 9.05.070
Required Lot Standards Reduced by Public Use.
§ 9.05.080
Maximum Projections into Required Yard Areas.
§ 9.05.090
Sight Visibility Area.
§ 9.05.100
Right-of-Way Dedication.
§ 9.05.110
Measurement of Building Height.
§ 9.05.120
Fences, Walls, and Hedges.
§ 9.05.130
General Design Compatibility and Enhancement.
§ 9.05.140
Roof Mounted Appurtenances.
§ 9.05.150
Wetland Buffer.
§ 9.05.160
Cultural and Natural Resources.
§ 9.05.170
Coastal Views from Public Areas.
§ 9.05.180
Steep Hillsides.
§ 9.05.190
Building Setbacks on Shallow/Narrow Building Sites.
§ 9.05.200
Increase in Maximum Stories.
§ 9.05.210
Increase in Floor Area Ratio.
§ 9.05.220
Lighting.
§ 9.05.230
Roof Decks.
§ 9.05.240
"Art in Public Places" Program.
§ 9.05.250
Internal Access to Separate Living Quarters.
§ 9.05.260
Increased Height for Detached Garages.
§ 9.05.270
Decks Extension Over Slope Areas.
Chapter 9.07
SPECIAL USE STANDARDS
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§ 9.07.010
Intent and Purpose.
§ 9.07.020
Antennas.
§ 9.07.030
Home Occupations.
§ 9.07.040
Alcoholic Beverage Outlets.
§ 9.07.050
Utility Substations.
§ 9.07.060
Entertainment Establishments Providing Dancing, Music, and Similar Activities.
§ 9.07.070
Churches.
§ 9.07.080
Motor Vehicle Sales.
§ 9.07.090
Adult Oriented Businesses.
§ 9.07.100
Fortune-Telling.
§ 9.07.110
Recycling Facilities.
§ 9.07.120
Outdoor Display, Sales or Storage.
§ 9.07.130
Service Stations.
§ 9.07.140
Solid Waste Disposal Facilities.
§ 9.07.150
Trash and Recycling Storage Areas.
§ 9.07.160
Single Room Occupancy.
§ 9.07.170
Demolition of Structures.
§ 9.07.180
Timeshare Development and Operation Standards.
§ 9.07.190
Keeping of Animals in Residential Districts.
§ 9.07.200
Tattoo Parlors.
§ 9.07.210
Accessory Dwelling Units.
§ 9.07.215
Junior Accessory Dwelling Units.
§ 9.07.220
Mobilehomes.
§ 9.07.230
Massage Establishments.
§ 9.07.240
Drive Through Uses.
§ 9.07.250
Historic Resources.
§ 9.07.260
Supportive Housing.
§ 9.07.270
Low Barrier Navigation Centers.
Chapter 9.09
RESIDENTIAL DISTRICTS
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§ 9.09.010
Intent and Purpose.
§ 9.09.020
Permitted Uses, Accessory Uses, Temporary Uses and Conditional Uses.
§ 9.09.030
Development Standards.
§ 9.09.040
Special Development Standards.
Chapter 9.11
COMMERCIAL DISTRICTS
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§ 9.11.010
Intent and Purpose.
§ 9.11.020
Permitted Uses, Accessory Uses, Temporary Uses, and Conditional Uses.
§ 9.11.030
Development Standards.
§ 9.11.040
Special Development Standards.
Chapter 9.13
MIXED USE DISTRICTS
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§ 9.13.010
Intent and Purpose.
§ 9.13.020
Permitted Uses, Accessory Uses, Temporary Uses and Conditional Uses.
§ 9.13.030
Development Standards.
§ 9.13.040
Special Development Standards.
Chapter 9.14
DOHENY VILLAGE DISTRICTS
§ 9.14.010
Intent and Purpose.
§ 9.14.020
Permitted Uses, Accessory Uses, Temporary Uses and Conditional Uses.
§ 9.14.030
Development Standards.
§ 9.14.040
Special Development Standards.
§ 9.14.050
Special Use Standards.
Chapter 9.15
PROFESSIONAL/ADMINISTRATIVE DISTRICT
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§ 9.15.010
Intent and Purpose.
§ 9.15.020
Permitted Uses, Accessory Uses, Temporary Uses, and Conditional Uses.
§ 9.15.030
Development Standards.
§ 9.15.040
Special Development Standards.
Chapter 9.17
INDUSTRIAL/BUSINESS DISTRICT
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§ 9.17.010
Intent and Purpose.
§ 9.17.020
Permitted Uses, Accessory Uses, Temporary Uses, and Conditional Uses.
§ 9.17.030
Development Standards.
§ 9.17.040
Special Development Standards.
Chapter 9.19
COMMUNITY FACILITIES DISTRICT
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§ 9.19.010
Intent and Purpose.
§ 9.19.020
Permitted Uses, Accessory Uses, Temporary Uses, and Conditional Uses.
§ 9.19.030
Development Standards.
§ 9.19.040
Special Development Standards.
Chapter 9.21
RECREATION, OPEN SPACE AND CONSERVATION DISTRICTS
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§ 9.21.010
Intent and Purpose.
§ 9.21.020
Permitted Uses, Accessory Uses, Temporary Uses, and Conditional Uses.
§ 9.21.030
Development Standards.
§ 9.21.040
Special Development Standards.
Chapter 9.23
TRANSPORTATION CORRIDOR DISTRICT
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§ 9.23.010
Intent and Purpose.
§ 9.23.020
Permitted Uses, Accessory Uses, Temporary Uses, and Conditional Uses.
§ 9.23.030
Development Standards.
§ 9.23.040
Special Development Standards.
Chapter 9.25
DANA POINT HARBOR DISTRICT
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§ 9.25.010
Dana Point Harbor Revitalization Plan and District Regulations.
Chapter 9.26
TOWN CENTER DISTRICT
§ 9.26.010
Town Center District and Regulations.
Chapter 9.27
COASTAL OVERLAY DISTRICT
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§ 9.27.010
Intent and Purpose.
§ 9.27.020
Permitted, Accessory and Conditional Uses.
§ 9.27.030
Development Standards.
Chapter 9.29
PLANNED RESIDENTIAL DEVELOPMENT OVERLAY DISTRICT
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§ 9.29.010
Purpose and Intent.
§ 9.29.020
Permitted Uses, Accessory Uses, Temporary Uses and Conditional Uses.
§ 9.29.030
Procedure and Submittal Requirements.
§ 9.29.040
Adoption Requirements.
§ 9.29.050
Development Standards Modified by Planned Residential Development Overlay District.
§ 9.29.060
Planned Residential Development Standards.
§ 9.29.070
Notification.
§ 9.29.080
Existing Planned Residential Developments.
Chapter 9.31
FLOODPLAIN OVERLAY DISTRICT
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§ 9.31.010
Intent and Purpose.
§ 9.31.020
General Provisions.
§ 9.31.030
Permitted, Accessory, Temporary, and Conditional Uses.
§ 9.31.040
Prohibited Uses and Structures.
§ 9.31.050
Administration.
§ 9.31.060
Provisions for Flood Hazard Reduction.
§ 9.31.070
Exception Procedure.
Chapter 9.33
SPECIFIC PLAN DISTRICT
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§ 9.33.010
Intent and Purpose.
§ 9.33.020
Specific Plan District Initiation.
§ 9.33.030
Cost of Preparation and Processing.
§ 9.33.040
Procedure for Establishing the Specific Plan District.
§ 9.33.050
Specific Plan Adoption.
§ 9.33.060
Specific Plan Requirements.
§ 9.33.070
Amendments.
§ 9.33.080
Adopted Specific Plans.
Chapter 9.35
ACCESS, PARKING AND LOADING
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§ 9.35.010
Intent and Purpose.
§ 9.35.020
Applicability.
§ 9.35.030
Site Plan and Building Permit Required.
§ 9.35.040
General Provisions.
§ 9.35.050
Access.
§ 9.35.060
Parking Requirements.
§ 9.35.070
Dimensions of Parking Facilities.
§ 9.35.080
Minimum Number of Required Parking Stalls.
§ 9.35.090
Loading Facility Standards.
§ 9.35.100
Combined Parking and Loading Facilities.
§ 9.35.110
Alternatives to Parking and Loading Standards.
§ 9.35.120
Parking Structure Design Standards.
Chapter 9.37
SIGNS AND ADVERTISING DEVICES
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§ 9.37.010
Intent and Purpose.
§ 9.37.020
Definitions.
§ 9.37.030
Administration and Enforcement.
§ 9.37.040
Permits Required.
§ 9.37.050
Permit Application.
§ 9.37.060
Neon Sign Review.
§ 9.37.070
Sign Programs.
§ 9.37.080
Signs Requiring a Variance.
§ 9.37.090
Permit Fees.
§ 9.37.100
Permit Issuance.
§ 9.37.110
Exemptions.
§ 9.37.120
Political Signs.
§ 9.37.130
Location and Height.
§ 9.37.140
Materials, Design and Construction.
§ 9.37.150
Permitted Signs.
§ 9.37.160
Special Use Sign Permits.
§ 9.37.170
Prohibited Signs.
§ 9.37.180
Unsafe and Unauthorized Signs.
§ 9.37.190
Nonconforming Signs.
§ 9.37.200
Inventory and Abatement of Illegal or Abandoned Signs.
§ 9.37.210
Historical Signs.
§ 9.37.220
Maintenance and Operation.
§ 9.37.230
Use of Product or Manufacturer Names in Signs.
Chapter 9.39
TEMPORARY USES AND STRUCTURES
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§ 9.39.010
Intent and Purpose.
§ 9.39.020
Temporary Real Estate Offices.
§ 9.39.030
Temporary Construction Office.
§ 9.39.040
Continued Use of an Existing Building During Construction.
§ 9.39.050
Seasonal Commercial Activities.
§ 9.39.060
Public Display of Fireworks.
§ 9.39.070
Special Events.
§ 9.39.080
Film, Video and Still Photography.
§ 9.39.090
Seasonal Fruit Sales.
Chapter 9.41
HAZARDOUS WASTE FACILITIES
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§ 9.41.010
Purpose and Intent.
§ 9.41.020
Modification of Zoning Codes to Regulate Hazardous Waste Facilities.
§ 9.41.030
Procedural Requirements for Specified Hazardous Waste Facilities.
§ 9.41.040
Processing Applications.
§ 9.41.050
Contents of Application.
§ 9.41.060
Standards and Locational Criteria for Specified Hazardous Waste Facilities.
§ 9.41.070
Proximity to Populations.
§ 9.41.080
Capability of Emergency Services.
§ 9.41.090
Flood Hazard Areas.
§ 9.41.100
Proximity to Active or Potentially Active Faults.
§ 9.41.110
Slope Stability/Subsidence/Liquefaction.
§ 9.41.120
Dam Failure Inundation Areas.
§ 9.41.130
Aqueducts and Reservoirs.
§ 9.41.140
Discharge of Treated Effluent.
§ 9.41.150
Proximity to Supply Wells and Well Fields.
§ 9.41.160
Depth to Groundwater.
§ 9.41.170
Groundwater Monitoring.
§ 9.41.180
Major Aquifer Recharge Area.
§ 9.41.190
Soil Permeability.
§ 9.41.200
Existing Groundwater Quality.
§ 9.41.210
Non-Attainment Areas.
§ 9.41.220
Prevention of Significant Deterioration (PSD) Areas.
§ 9.41.230
Wetlands.
§ 9.41.240
Proximity of Habitats of Threatened and Endangered Species.
§ 9.41.250
Agricultural Lands.
§ 9.41.260
Recreation, Cultural, or Aesthetic Areas.
§ 9.41.270
Areas of Potential Mineral Deposits.
§ 9.41.280
Proximity to Areas of Waste Generation.
§ 9.41.290
Distance from Major Transportation Routes.
§ 9.41.300
Structures Fronting Minor Routes.
§ 9.41.310
Access Roads.
§ 9.41.320
Consistency With the General Plan.
§ 9.41.330
Direct Revenue to Local Jurisdictions.
§ 9.41.340
Safety and Security.
§ 9.41.350
Monitoring.
§ 9.41.360
General Conditions.
§ 9.41.370
Excess Volume.
§ 9.41.380
Modifications.
§ 9.41.390
Contingency Operation Plan.
§ 9.41.400
Closure Plan.
§ 9.41.410
Financial Responsibility.
§ 9.41.420
Indemnification.
§ 9.41.430
Hazardous Waste Minimization.
§ 9.41.440
Emergency Response Procedures.
§ 9.41.450
Environmental Monitoring Report.
§ 9.41.460
Release Response Costs.
§ 9.41.470
Extremely Hazardous Wastes.
§ 9.41.480
Compliance Costs.
§ 9.41.490
Enforcement.
§ 9.41.500
Findings.
§ 9.41.510
Duration of Land Use Decision.
§ 9.41.520
Appeal of Land Use Decision.
Chapter 9.43
TRANSPORTATION DEMAND MANAGEMENT
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§ 9.43.010
Intent and Purpose.
§ 9.43.020
Policy.
§ 9.43.030
Applicability.
§ 9.43.040
Facility Standards.
§ 9.43.050
Property Owner Responsibility.
§ 9.43.060
Enforcement and Penalties.
§ 9.43.070
Chapter Definitions.
Chapter 9.45
COVENANTS FOR EASEMENTS
§ 9.45.010
Authority for Adoption.
§ 9.45.020
Application of this Chapter to Development Projects.
§ 9.45.030
Procedures.
§ 9.45.040
Content of Covenant.
§ 9.45.050
Release of Covenant—Procedures.
Chapter 9.55
WATER EFFICIENT LANDSCAPE STANDARDS AND REQUIREMENTS
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§ 9.55.010
Intent and Purpose.
§ 9.55.020
Applicability.
§ 9.55.030
General Provisions.
§ 9.55.040
Procedures.
§ 9.55.050
Landscape Water Use and Design Standards.
§ 9.55.060
Delegation.
§ 9.55.070
Definitions.
Chapter 9.61
ADMINISTRATION OF ZONING
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§ 9.61.010
Intent and Purpose.
§ 9.61.020
Interpretation, Administration and Enforcement.
§ 9.61.030
Penalty for Violation of the Code.
§ 9.61.040
Procedures for Applications Requiring Discretionary Action.
§ 9.61.050
Notice and Conduct of Public Hearings.
§ 9.61.060
Fees and Deposits.
§ 9.61.070
Procedure for Withdrawal of an Application.
§ 9.61.075
Amendment and Modifications to Discretionary Permits.
§ 9.61.080
Amendments.
§ 9.61.090
Administrative Modification of Standards.
§ 9.61.100
Preliminary Review.
§ 9.61.110
Appeal Procedures.
§ 9.61.120
Revocations and Modifications.
§ 9.61.130
Expiration and Extensions.
§ 9.61.140
General Plan Consistency Requirements.
Chapter 9.63
NONCONFORMING USES AND STRUCTURES
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§ 9.63.010
Intent and Purpose.
§ 9.63.020
Land Uses Permitted.
§ 9.63.030
Expansion, Improvement and Maintenance of Nonconforming Structures.
§ 9.63.035
Expansion, Improvement and Maintenance of Nonconforming Uses.
§ 9.63.040
Destruction and Restoration of Nonconformance.
§ 9.63.050
Notice.
§ 9.63.060
Right of Further Appeal.
§ 9.63.070
Public Nuisance.
§ 9.63.080
Substitution of a Nonconforming Use.
§ 9.63.090
Termination—Violation of Law.
Chapter 9.65
CONDITIONAL USE PERMITS
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§ 9.65.010
Intent and Purpose.
§ 9.65.020
Authority of Planning Commission.
§ 9.65.030
Procedural Requirements.
§ 9.65.040
Minor Conditional Use Permits.
§ 9.65.050
Notice.
§ 9.65.060
Basis for Approval, Conditional Approval, or Denial of a Conditional Use Permit.
§ 9.65.070
Notice of Action Taken.
§ 9.65.080
Effective Date.
§ 9.65.090
Continuing Validity.
§ 9.65.100
Performance of Imposed Conditions.
§ 9.65.110
Expiration and Extension of a Conditional Use Permit.
§ 9.65.120
Termination of a Conditional Use Permit.
§ 9.65.130
Maintenance of a Nuisance Prohibited.
Chapter 9.67
VARIANCES
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§ 9.67.010
Intent and Purpose.
§ 9.67.020
Authority of Planning Commission.
§ 9.67.030
Procedural Requirements.
§ 9.67.040
Notice.
§ 9.67.050
Basis for Approval, Conditional Approval, or Denial of a Variance.
§ 9.67.060
Notice of Action Taken.
§ 9.67.070
Effective Date.
§ 9.67.080
Continuing Validity.
§ 9.67.090
Performance of Imposed Conditions.
§ 9.67.100
Expiration and Extension of a Variance.
§ 9.67.110
Termination of a Variance.
§ 9.67.120
Maintenance of a Nuisance Prohibited.
Chapter 9.69
COASTAL DEVELOPMENT PERMIT
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§ 9.69.010
Intent and Purpose.
§ 9.69.020
Coastal Development Permit Required.
§ 9.69.030
Authority to Grant Permit.
§ 9.69.040
Exemptions.
§ 9.69.050
Application for Coastal Development Permit.
§ 9.69.060
Notice and Public Hearing.
§ 9.69.070
Basis For Action on Coastal Development Permit Applications.
§ 9.69.080
Decision by the Director of Community Development or Planning Commission.
§ 9.69.090
Appeals to the Coastal Commission.
§ 9.69.100
Notice of Final Action to Coastal Commission.
§ 9.69.110
Administrative Coastal Development Permit.
§ 9.69.120
Expiration of Coastal Development Permits.
§ 9.69.130
Amendments to Coastal Development Permits.
§ 9.69.140
Extension of Time.
§ 9.69.150
Emergency Permits.
§ 9.69.160
De Minimis Project Waivers From Coastal Development Permit Requirements.
§ 9.69.170
Enforcement.
§ 9.69.180
Format and Content of Coastal Development Permits.
Chapter 9.71
SITE DEVELOPMENT PERMITS
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§ 9.71.010
Intent and Purpose.
§ 9.71.020
Site Development Permit Required.
§ 9.71.030
Procedural Requirements for Site Development Permits.
§ 9.71.034
Minor Site Development Permits.
§ 9.71.040
Procedural Requirements for Temporary Site Development Permits.
§ 9.71.050
Basis for Approval, Conditional Approval, or Denial of a Site Development Permit.
§ 9.71.060
Expiration and Extension of a Site Development Permit.
§ 9.71.070
Notice of Hearing.
§ 9.71.080
Notice of Action.
Chapter 9.72
(RESERVED)
Chapter 9.73
DEVELOPMENT AGREEMENTS
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§ 9.73.010
Authority and Scope.
§ 9.73.020
Intent and Purpose.
§ 9.73.030
Application Forms.
§ 9.73.040
Fees.
§ 9.73.050
Qualified Applicant.
§ 9.73.060
Proposed Agreement.
§ 9.73.070
Filing and Review of Application.
§ 9.73.080
Notice.
§ 9.73.090
Processing.
§ 9.73.100
Notice of Intention and Public Hearing.
§ 9.73.110
Failure to Receive Notice.
§ 9.73.120
Hearing and Findings of the Planning Commission.
§ 9.73.130
Hearing by the City Council.
§ 9.73.140
Decision by the City Council.
§ 9.73.150
Approval of Development Agreement.
§ 9.73.160
Amendment and Cancellation.
§ 9.73.170
Recordation.
§ 9.73.180
Periodic Review.
§ 9.73.190
Modification or Termination.
§ 9.73.200
Irregularity in Proceedings.
Chapter 9.75
DEFINITIONS AND ILLUSTRATIONS OF TERMS
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§ 9.75.010
"A" Definitions and Illustrations.
§ 9.75.020
"B" Definitions and Illustrations.
§ 9.75.030
"C" Definitions and Illustrations.
§ 9.75.040
"D" Definitions and Illustrations.
§ 9.75.050
"E" Definitions and Illustrations.
§ 9.75.060
"F" Definitions and Illustrations.
§ 9.75.070
"G" Definitions and Illustrations.
§ 9.75.080
"H" Definitions and Illustrations.
§ 9.75.090
"I" Definitions and Illustrations.
§ 9.75.100
"J" Definitions and Illustrations.
§ 9.75.110
"K" Definitions and Illustrations.
§ 9.75.120
"L" Definitions and Illustrations.
§ 9.75.130
"M" Definitions and Illustrations.
§ 9.75.140
"N" Definitions and Illustrations.
§ 9.75.150
"O" Definitions and Illustrations.
§ 9.75.160
"P" Definitions and Illustrations.
§ 9.75.170
"Q" Definitions and Illustrations.
§ 9.75.180
"R" Definitions and Illustrations.
§ 9.75.190
"S" Definitions and Illustrations.
§ 9.75.200
"T" Definitions and Illustrations.
§ 9.75.210
"U" Definitions and Illustrations.
§ 9.75.220
"V" Definitions and Illustrations.
§ 9.75.230
"W" Definitions and Illustrations.
§ 9.75.240
"X" Definitions and Illustrations.
§ 9.75.250
"Y" Definitions and Illustrations.
§ 9.75.260
"Z" Definitions and Illustrations.
§ 9.75.270
Definitions of Use.
Chapter 9.77
ON-SHORE SUPPORT FACILITIES FOR OFF-SHORE OIL DRILLING — APPROVALS REQUIRED
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§ 9.77.010
Purpose.
§ 9.77.012
Findings of Need for Chapter.
§ 9.77.014
On-Shore Support Facility Defined.
§ 9.77.016
Application for and City Council Findings Necessary for On-Shore Support Facilities.
§ 9.77.018
City Council Approval, Submission to Voters.
§ 9.77.020
City Council Action Required and Authorized to Effectuate Purposes of this Chapter.
§ 9.77.022
Limitations of Chapter.
§ 9.77.024
Amendments to Chapter.