This section describes the general requirements of this zoning
ordinance for the approval of proposed development and new land use
activities by the city. Land use requirements for specific land uses
are established by this article and article 3 (Site Planning and General
Development Standards). Land use and development approval and administrative
provisions are established by articles 4 (Land Use and Development
Permit Procedures) and 5 (Zoning Ordinance Administration).
(Ord. No. 1062, § 2(Exh.
A), 11-25-04)
No use of land or structures shall be allowed, altered, constructed,
established, expanded, reconstructed, or replaced unless the use of
land or structures complies with the following requirements.
A.
Allowable use. The land use shall be identified by section
5 (Residential Zoning Districts), section 6 (Commercial Zoning Districts),
section 7 (Industrial Zoning Districts), section 8 (Special Purpose
Zoning Districts), or section 9 (Overlay Zoning Districts) as being
allowable in the zoning district applied to the site.
B.
Permit requirements. Land use permits required by this zoning ordinance shall be obtained before the proposed use is constructed, otherwise established, or put into operation, unless the proposed use is listed in subsection 2.04.040 (Exemptions from land use permit requirements), below.
C.
Development standards. Uses and/or structures shall comply
with the applicable development standards of this article, and the
provisions of article 3 (Site Planning and General Development Standards),
and other city standards and policies related to the use and development
of land.
D.
Conditions of approval. Uses and/or structures shall comply
with all conditions imposed by a previously granted land use permit.
Failure to comply with imposed conditions shall be grounds for revocation
of the subject permit in compliance with section 29 (Revocations and
Modifications).
E.
Development agreements. Uses and/or structures shall comply
with an applicable development agreement approved by the city in compliance
with section 22 (Development Agreements) or by Orange County before
city incorporation or annexation, even if in conflict with this zoning
ordinance.
F.
Other development policies. The city may adopt policies
separate from this zoning ordinance that may affect the use and development
of land. All applicable policies, standards, and procedures related
to land development shall apply when appropriate as determined by
the applicable review authority.
(Ord. No. 1062, § 2(Exh.
A), 11-25-04)
The uses of land allowed by this zoning ordinance in each zoning
district are identified in sections 5, 6, 7, 8, and 9, together with
the type of land use permit required for each use.
A.
Allowed land uses. Tables 2-2, 2-6, 2-11, 2-15, and 2-18
provide for land uses that are:
1.
Permitted subject to compliance with all applicable provisions of
this zoning ordinance and any building permit or other permit required
by the Municipal Code. These are shown as "P" uses in the tables;
B.
Multiple uses on a single site. Where a proposed project
includes multiple land uses, and tables 2-2, 2-6, 2-11, 2-15, and
2-18 require different land use permits for some of the uses, the
project shall be authorized through the approval of the permit requiring
the highest level of review. (For example, a structure proposed in
the CG zoning district with a convenience store on the first floor
(CUP required) and offices on the second floor (permitted uses) shall
be authorized through conditional use permit approval.)
C.
Uses not listed. Land uses that are not listed in tables 2-2, 2-6, 2-11, 2-15, or 2-18, or are not shown in a particular zoning district are not allowed, except as otherwise provided by subsection 1.02.020 (Rules of interpretation), or subsection 2.04.040 (Exemptions from land use permit requirements), below.
(Ord. No. 1062, § 2(Exh.
A), 11-25-04: Ord. 1206, 11/13/2023)
The land use permit requirements of this zoning ordinance do
not apply to the activities, uses of land, and/or structures identified
by this Section.
A.
General requirements for exemption. The activities, uses
of land, and/or structures identified by subsection B., below are
exempt from the land use permit requirements of this zoning ordinance
only when:
1.
Compliance with applicable provisions. The activity
or use is established and operated in compliance with applicable development
standards of this article and article 3 (Site Planning and General
Development Standards); and
B.
Exempt activities and uses. The following activities, uses
of land, and/or structures are exempt from the land use permit requirements
of this zoning ordinance when in compliance with subsection A., above.
1.
Decks, driveways, and paths. Decks, driveways, on-site
paths, and platforms that are not required to have a building permit
or grading permit and are not over 18 inches above natural grade.
Driveway locations shall require approval by the department.
2.
Fences and walls—Residential zoning districts. Fences and walls in the residential zoning districts are exempt
from land use permit requirements as follows:
a.
Interior lots. Fences and walls up to three feet
in height when located within the required front yard, or up to seven
feet in height when located outside the required front yard; and
b.
Corner lots. Fences and walls up to three feet in height when located within the required front yard, street side yard on a reverse corner lot, and within a traffic safety visibility area, as defined in article 6 (Definitions). Fences and walls up to seven feet in height when located outside the required front yard and traffic safety visibility areas as measured in compliance with section 3.11.070 (Fences, Hedges, and Walls).
3.
Governmental activities. Any land use activities
conducted by the city, county, state or an agency of the state, or
the federal government on land owned or leased by a governmental agency.
4.
Interior remodeling. Nonstructural interior alterations
that do not increase the number of rooms or the gross floor area within
the structure, or a change in the allowed use of the structure.
5.
Repairs and maintenance. Ordinary repairs and maintenance,
if the work does not result in any change in the approved land use
of the site or structure, or the addition to, enlargement or expansion
of the structure, and if exterior repairs employ the same materials
and design as the original. For nonconforming structures, the ordinary
repairs and maintenance shall be in compliance with section 25 (Nonconforming
Uses, Structures, and Parcels).
6.
Small residential accessory structures. Portable storage sheds and other small structures (e.g., fabric structures) in residential zoning districts that are exempt from building permit requirements and are less than 120 square feet in gross floor area. These facilities shall comply with the front, side, and rear setback requirements established by this article for the applicable zoning district and the requirements of subsection 3.17.020 (Accessory structures), where applicable.
7.
Outdoor play equipment. Outdoor play equipment (e.g., bridges, climbing towers, slides, swings, tree houses, and similar elements) less than eight feet in height and a footprint of less than 120 square feet. These facilities shall comply with the front, side, and rear setback requirements established by this Article for the applicable zoning district and the requirements of subsection 3.17.020 (Accessory structures), where applicable.
8.
Spas, hot tubs, and fish ponds. Above ground portable spas, hot tubs, decorative ponds, and fish ponds, etc., less than 120 square feet in total area, including related equipment. These facilities shall comply with the front, side, and rear setback requirements established by this article for the applicable zoning district, and subsection 3.17.020 (Accessory structures), where applicable.
9.
Utilities. The alteration, construction, erection, or maintenance by a public utility or public agency of underground or overhead utilities (e.g., electric, gas, supply or disposal systems, telecommunication, water, including cables, conduits, drains, fire-alarm boxes, hydrants, mains, pipes, police call boxes, sewers, traffic signals, wires, etc.), but not including structures, shall be allowed in any zoning district. Satellite and cellular telephone antennas are subject to section 16 (Wireless Communications).
10.
Walls, retaining walls. Walls less than 42 inches
in height located in compliance with subsection B.2. above, and retaining
walls (retaining earth only) that result in grade changes of 24 inches
or less and are not required to have a building permit.
(Ord. No. 1062, § 2(Exh.
A), 11-25-04)
Requirements for establishing a temporary use (e.g., construction yards, seasonal sales lots, special events, temporary office trailers, etc.) are identified in subsection 4.19.040 (Temporary use permits).
(Ord. No. 1062, § 2(Exh.
A), 11-25-04)
A.
Other permits required. An allowed land use that is exempt
from a land use permit, or has been granted a land use permit, may
still be required to obtain other permits before the use is constructed,
or otherwise established and put into operation. Nothing in this section
shall eliminate the need to obtain any permits or approvals required
by:
B.
Timing of other permits. All necessary permits shall be
obtained before starting work or establishing a new use.
(Ord. No. 1062, § 2(Exh.
A), 11-25-04)
