This Chapter establishes the zoning districts applied to property within the City, determines how the zoning districts are applied on the zoning map, and provides general permit requirements for development and land uses.
(Ord. 2456 § 2, 2010)
Westminster shall be divided into zoning districts that implement the City's General Plan. The zoning districts described in Table 2-1 are hereby established, and shall be shown on the official adopted zoning map (see Section 17.200.015).
Table 2-1 Zoning District Designations | ||
|---|---|---|
Zoning Map Symbol | Zoning District Designation | General Plan Land Use Classification Implemented by Zoning District |
Residential Zoning Districts | ||
R1 | Single-Family Residential | Residential Low Density |
R2 | Multiple-Family Residential (8–12 units/acre) | Residential Medium Density |
R3 | Multiple-Family Residential (13–14 units/acre) | Residential Medium Density |
R4 | Multiple-Family Residential (15–18 units/acre) | Residential High Density |
R5 | Multiple-Family Residential (19–25 units/acre) | Residential High Density |
Commercial Zoning Districts | ||
CR | Restricted Commercial | Low-Intensity Commercial |
C1 | Local Business | Low-Intensity Commercial |
C2 | General Business | Commercial General |
CM | Commercial-Industrial | Commercial General, Planned Development, and Industrial |
Industrial Zoning Districts | ||
M1 | Light Industrial | Industrial |
M2 | Medium Industrial | Industrial |
Special Purpose Zoning Districts | ||
P/SP | Public/Semi-Public | Public/Semi-Public |
P/OS | Park/Open Space | Park/Open Space |
CEM | Cemetery | Park/Open Space |
PF | Public Facilities | Park/Open Space; Public/Semi-Public; Electric Utility Right-of-Way |
SP | Specific Plan | Varies |
Mixed-Use Zoning Districts | ||
MU36 | Mixed-Use (36 units/acre) | Mixed-Use Downtown |
MU40 | Mixed-Use (40 units/acre) | Mixed-Use Civic Center, Mixed-Use Corridor, Mixed-Use Little Saigon, and Mixed-Use Northwest District |
Overlay Zones | ||
CV | Civic Center | Not applicable |
LS | Little Saigon | Not applicable |
P | Parking | Not applicable |
PD | Planned Development | Planned Development Other Land Use Designations |
H | Housing | Not Applicable |
(Ord. 2456 § 2, 2010; amended during Supplement No. 20, 1/12; Ord. 2593 § 2, 2022)
The official Westminster Zoning Map (hereafter referred to as the "Zoning Map") has been adopted by the Council and is on file with the Division.
A.
Inclusion by Reference. The Zoning Map, together with all legends, symbols, notations, references, zoning-district boundaries, and other information provided on the map, has been adopted by the Council in compliance with California Government Code Section 65800 et seq., and is hereby incorporated into this Title by reference as though it were fully included here.
B.
Zoning District Boundaries. The boundaries of the zoning districts established by Section 17.200.010, Zoning Districts Established, shall be shown on the Zoning Map.
C.
Relationship to General Plan. The Zoning Map shall implement the General Plan and shall be consistent with the General Plan.
D.
Map Amendments. Amendments to the Zoning Map shall follow the process established in Chapter 17.620, General Plan, Zoning Map, and Zoning Code Amendments.
E.
Zoning Map Interpretation. The Zoning Map shall be interpreted in compliance with Section 17.120.010.D, Zoning Map Boundaries.
F.
Zoning Upon Annexation. All property not prezoned by the Council prior to annexation shall be designated with the zoning designation consistent with the General Plan designation.
(Ord. 2456 § 2, 2010)
A.
Purpose. Chapters 17.210, Residential Zoning Districts, through 17.250, Overlay Zones, determine which land uses are permitted in each zoning district, what steps are required to establish each use, and the basic development standards that apply.
B.
Determination of Permitted Land Uses and Permit Requirements. The land uses permitted by this Title in each zoning district are identified in Tables 2-2, 2-4, and 2-6 of this Chapter as being:
1.
Permitted by right subject to compliance with all applicable provisions of this Title, subject to first obtaining a Zoning Clearance as outlined in Chapter 17.515 or Development Review as outlined in Chapter 17.520, and any construction permit or other permit required by the WMC. Permitted uses are shown as "P" in the aforementioned tables;
2.
Permitted subject to the approval of an Administrative Use Permit as outlined in Chapter 17.550, and shown as "AUP" in the aforementioned tables; and
3.
Permitted subject to the approval of a Conditional Use Permit as outlined in Chapter 17.550, and shown as "CUP" in the aforementioned tables.
Pursuant to Section 17.120.015, Procedures for Interpretation, the Director is assigned the responsibility and authority to interpret the requirements of this Title. Land uses that are not listed in the Tables 2-2 to 2-6 or are not shown in a particular zoning district are not permitted, except where otherwise provided by Section 17.110.010, Exemptions from Land Use Permit Requirements, and as outlined in the notes section of Tables 2-2, 2-4, and 2-6. |
C.
Indoor Uses Only. All commercial and industrial activities, other than off-street parking, shall be conducted entirely within an enclosed structure(s), except as may otherwise be permitted in compliance with this Title.
D.
Site Divided by Zoning District Boundary. Where a site is divided by one or more zoning district boundaries, each portion of the site located in a separate district shall be developed and used in compliance with the requirements of the applicable district.
E.
Conflicts between Provisions
1.
In the event of any conflict between the zoning district regulations of this Article and the provisions of Article 3, Site Planning and General Development Standards, the provisions of Article 3 shall govern; and
2.
Rules for resolving conflict between the requirements of this Title may be found in Section 17.120.010.F, Conflicting Requirements.
F.
Marijuana Cultivation and Cannabis Activities Prohibited. Pursuant to Section 17.200.022 of this Chapter, the cultivation of marijuana and all commercial cannabis activities are prohibited within the City.
(Ord. 2456 § 2, 2010; Ord. 2490 § 2, 2012; Ord. 2527 § 3, 2016; Ord. 2566 § 2, 2020)
The purpose and intent of this Section to prohibit marijuana cultivation and all commercial cannabis activities, in order to promote the health, safety, morals and general welfare of the residents and the businesses within the City.
A.
Applicability
1.
Nothing in this Section is intended, nor shall it be construed, to either burden any defense to a criminal prosecution set forth in the Compassionate Use Act, the Medical Marijuana Program Act, or the Medical Marijuana Regulation and Safety Act, or any other State law, or to criminalize any activities otherwise permitted by the State Legislature through the Compassionate Use Act, the Medical Marijuana Program Act, or the Medical Marijuana Regulation and Safety Act, or any other State law.
2.
All the provisions of this Section shall apply to all property, public and private, within the City.
3.
All the provisions of this Section shall apply indoors and outdoors.
B. "Commercial cannabis activity" "Marijuana" "Medical marijuana" "Marijuana cultivation" "Person"
Definitions. The following definitions apply to this Section:
includes cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, distribution, or sale of marijuana and marijuana products, including medical and non-medical marijuana, non-medical cannabis products and medical cannabis products within the meaning of California Business and Professions Code Section 19300 et seq.
shall have the same definition as that set forth in California Health & Safety Code Section 11018.
shall mean marijuana used for medical purposes in accordance with California Health and Safety Code Section 11362.5.
shall mean the planting, growing, harvesting drying or processing of marijuana plants or any part thereof for any purpose, including medical marijuana and non-medical recreational marijuana, and shall include both indoor and outdoor cultivation.
shall mean any person, firm, corporation, association, club, society, or other organization. The term person shall include any owner, manager, proprietor, employee, volunteer and/or salesperson.
C.
Marijuana Cultivation.
1.
Outdoor Cultivation. Outdoor marijuana cultivation by any person, including primary caregivers, qualified patients, and dispensaries, for any purpose including medical or non-medical (recreational) purposes is prohibited in all zoning districts within the City of Westminster.
2.
Indoor Cultivation. Cultivation of marijuana indoors, as authorized by State law, shall be permitted within private residences by persons 21 years of age or older, provided that the cultivation is conducted in compliance with State law. No person shall cultivate more marijuana plants indoors than is expressly authorized by Health and Safety Code Section 11362.2.
D.
Commercial Cannabis Activity. Commercial cannabis activity by any person, including primary caregivers, qualified patients and dispensaries, is prohibited in all zoning districts within the City of Westminster.
E.
Declaration of Public Nuisance. Any use, structure, or property that is altered, enlarged, erected, established, maintained, moved, or operated contrary to the provisions of this Chapter, is hereby declared to be unlawful and a public nuisance and may be abated by the City through civil and/or administrative proceedings by means of a restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisances.
F.
Violations.
1.
Violations of this Section shall be a civil or administrative violation within the meaning of the Westminster Municipal Code, and as specified in Chapter 17.650 (Enforcement) of the Westminster Municipal Code.
2.
This Section is not the exclusive means for the abatement of marijuana dispensaries within the City of Westminster. The remedies set forth pursuant to this Section shall be in addition to any other existing remedies for violations of the Zoning Code, including, but not limited to, any action at law or equity.
(Ord. 2527 § 2, 2016; Ord. 2532 §§ 2—4, 2016; Ord. 2533 §§ 2—4, 2016)