This chapter provides regulations for development and new land uses in the overlay zoning districts established by Section 16.16.020 (Zoning districts established).
(Prior code § 16-240.010)
A.
Purpose. The overlay zoning districts established by this chapter provide requirements for development and new land uses that are in addition to the standards and regulations for the primary zoning district, because of the important site, neighborhood, or compatibility issues unique to a particular area.
B.
Applicability. The applicability of any overlay zoning district to specific sites is shown by the overlay Zoning Map symbol established by Section 16.16.020 (Zoning districts established), being appended as a suffix to the symbol for the primary zoning district on the Zoning Map (for example, IH-AIR). The provisions of this chapter apply to proposed land uses and development in addition to all other applicable requirements of this Development Code.
(Prior code § 16-240.020)
A.
Purpose. The -AIR overlay district provides height limits for structures in the vicinity of the Stockton Metropolitan Airport, based upon specific zones or surfaces defined in the air space above the airport and its surroundings, in compliance with State law, and the Federal Aviation Regulations, Volume XI, Part 77, established by the U.S. Federal Aviation Administration (FAA).
B.
Findings. The Council hereby finds that a structure or other ground feature which obstructs air space near the Stockton Metropolitan Airport has the potential for endangering the lives and property of users of the airport, and property or occupants on land in the airport vicinity; and that an obstruction may reduce the size of areas available for aircraft takeoff, landing, and maneuvers, thereby tending to impair the usability of the airport and the public investment in the facility.
C.
Applicability. The requirements of this overlay district shall apply to any area identified as an –AIR overlay district. The -AIR overlay district may be combined with any residential, commercial, industrial, or special purpose zoning district established by Section 16.16.020 (Zoning districts established). The -AIR overlay district is established, and shall be applied and shown on the Zoning Map to all areas covered by:
1.
The airport zones established by subsection G of this section (Airport zones), following, in the air space above and around the airport, in compliance with the Federal Aviation Regulations, Volume XI, Part 77, of the U.S. Federal Aviation Administration (FAA); and
2.
Any additional safety areas surrounding the airport identified in the Stockton Metropolitan Airport Land Use Plan.
D.
Allowed Land Uses. Any land use normally allowed in the primary zoning district by this division may be allowed within the -AIR overlay district subject to the following requirements.
1.
Consistency With Applicable Plans. The proposed use shall be consistent with the Stockton Metropolitan Airport Land Use Plan.
2.
Interference With Aircraft Prohibited. No use shall be allowed under or within an -AIR overlay district that may:
a.
Create electrical interference with aircraft communications;
b.
Make it difficult for pilots to distinguish between airport lights and other lights;
c.
Result in glare in the eyes of the pilots using the airport;
d.
Impair visibility in the vicinity of the airport; or
e.
Otherwise endanger the landing, takeoff, or maneuvering of aircraft.
3.
Public Assembly Uses Prohibited. No residential use, or public assembly use (for example, churches, hospitals, schools, temporary events, theaters, etc.) except air shows, shall be allowed within an inner 10,000-foot section of any precision instrument approach surface.
E.
Permit Requirements. Development and new land uses within the -AIR overlay district shall obtain the land use permits required by this division for the primary zoning district.
F.
Development Standards. Development and new land uses within the -AIR overlay district shall comply with all applicable requirements of the primary zoning district, and the height limits established for structures by subsection H of this section (Airport zone height limitations).
G.
Airport Zones. This Subsection establishes airport zones to be applied to all land beneath the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to the Stockton Metropolitan Airport.
1.
Airport Zoning Map. The airport zones established by this section are shown in the Airport Land Use Plan 1993, on the map entitled "Stockton Metro Airport - Airport Land Use Zones."
2.
Interpretation of Map. An area located in more than one of the airport zones established by this section shall be considered to be only in the zone with the more restrictive height limitation.
3.
Airport Zones Established. The following airport zones are hereby established and defined as follows:
a.
Precision Instrument Runway Approach Zone. The inner edge of this approach zone shall coincide with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 16,000 feet at a horizontal distance of 50,000 feet from the primary surface. The center line of this zone is the continuation of the center line of the runway.
b.
Transitional Zones. The transitional zones shall be the areas beneath the transitional surfaces.
c.
Horizontal Zone. The horizontal zone is established by swinging arcs of 5,000-foot radius for all runways designated utility or visual, and 10,000 feet for all others, from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones.
d.
Conical Zone. The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward from the horizontal zone a distance of 4,000 feet.
H.
Airport Zone Height Limitations. No structure shall be erected, altered, or maintained, and no tree shall be allowed to grow in any of the airport zones established in subsection G of this section (Airport zones), to a height in excess of the following height limits. For the purposes of this section, the airport elevation shall be 30 feet above mean sea level.
1.
Precision Instrument Runway Approach Zone. The height limit shall follow a slope which:
a.
Extends 50 feet outward for each foot upward, beginning at the end of, and at the same elevation as, the primary surface, and extending to a horizontal distance of 10,000 feet along the extended runway centerline; and
b.
Then follows a slope of 40 feet outward for each foot upward, to an additional horizontal distance of 40,000 feet along the extended runway centerline.
2.
Transitional Zones.
a.
The height limits for the transitional zones shall follow a slope which extends seven feet outward for each foot upward, beginning at the sides of, and at the same elevation as, the primary surface and the approach surface, to a height of 150 feet above the airport elevation.
b.
The height limits for the transitional zones shall also follow a slope which extends seven feet outward for each foot upward, beginning at the sides of, and at the same elevation as, the approach surface, and extending to where they intersect the conical surface.
c.
Where the precision instrument runway approach zone projects beyond the conical zone, the height limit shall follow a slope which extends seven feet outward for each foot upward, beginning at the sides of, and at the same elevation as, the approach surface, and extending a horizontal distance of 5,000 feet, measured at 90 degree angles to the extended runway centerline.
3.
Horizontal Zone. The height limit shall be 150 feet above the airport elevation, or 180 feet above mean sea level.
4.
Conical Zone. The height limit shall follow a slope of 20 feet outward for each foot upward, beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation.
5.
Exceptions to Height Limitations. Nothing in this section shall be construed to prohibit the construction or maintenance of any structure, or the growth of any tree to a maximum height of 50 feet.
6.
Variances. Variances to the provisions of this section may be requested and shall be processed in compliance with Chapter 16.172 (Variances), with the following exceptions.
a.
Referral. The Director shall refer any application for a variance to the provisions of this section to the Manager of the Stockton Metropolitan Airport and the Federal Aviation Administration (FAA) for a determination as to the effect of the proposal on the operation of air navigation facilities and the efficient use of navigable airspace.
b.
Basis and Findings for Approval. The findings required by Section 16.172.050 (Findings and decision) shall apply to variances requested in compliance with this section. The Commission shall approve a variance to the provisions of this section where it is determined in addition to the findings in Section 16.172.050 that a literal application or enforcement of this section will result in unnecessary hardship, and that an approved variance will:
i.
Not be contrary to the public interest;
ii.
Not create a hazard to air navigation; and
iii.
Be in compliance with the spirit of these provisions.
If the Airport Manager or the FAA does not respond to the referral of the variance application within 30 days of receipt, the Commission may act to approve or disapprove the application. |
I.
Nonconforming Uses.
1.
Regulations Not Retroactive. The requirements of this section shall not require the removal, lowering, or other change or alteration to any structure or tree that is not in compliance with this section as of the effective date of the ordinance codified in this Development Code, or otherwise interfere with the continuance of a nonconforming use.
2.
Marking and Lighting. The owner of any existing nonconforming structure or tree shall be required to permit the installation, operation, and maintenance thereon of markers and lights that are deemed necessary by the Manager of the Stockton Metropolitan Airport to alert the operators of aircraft in the vicinity of the airport to the presence of an airport obstruction. These markers and lights shall be installed, operated, and maintained at the expense of the Stockton Metropolitan Airport.
(Prior code § 16-240.030)
A.
Purpose. The channel area (-CHA) overlay district, as defined in Division 8, is intended to ensure physical and visual public accessibility to and along the waterfront, protection of natural resources along the waterfront, and promote walkable uses and mixed- use residential development by limiting certain activities in conformance with the Waterfront Connections Plan and the General Plan.
B.
Applicability. The -CHA overlay zoning district may be combined with any zoning district established by Section 16.16.020 (Zoning districts established) within the district boundaries. The provisions of this section shall govern the -CHA overlay district. In the event of any perceived conflict between the provisions of this section and any other provision of this Development Code, this section shall control.
C.
Use Permit Required. Within the -CHA overlay zoning district, no structure shall be added to, constructed, erected, or enlarged; no use shall be enlarged, extended, or intensified; no new use of premises shall be introduced; and no former use shall be re-established without a Commission use permit in compliance with Chapter 16.168 (Use Permits).
D.
Marine Commercial Subarea. The Marine Commercial Subarea (MCS) is located within the north shore of the -CHA overlay district, on the south side of West Fremont Street, between the Interstate 5 bridge and North Harrison Street. The MCS is intended to ensure retention and continuation of certain marine facilities within the overlay district. Parcels located within the MCS do not require a use permit to enhance or expand existing marine related uses, including facilities for yacht and boat sales and rentals, maintenance, storage, and supportive marine-related uses. The MCS also permits the following uses with the approval of a commission use permit (CUP). Consistent with the General Plan commercial designations for the subarea, industrial use operations shall be kept indoors. All operations and accessory outdoor use shall be screened consistent with Section 16.28.070(D) (Development Standards).
Land Use | Permit Required |
|---|---|
Animal services - Kennel and boarding facilities | CUP |
Auto/vehicle services - Major repair/bodywork | CUP |
Electronics, equipment & appliance manufacturing | CUP |
Furniture and fixtures manufacturing | CUP |
Manufacturing - Light | CUP |
Metal products fabrication, machine/welding shops | CUP |
Warehouses | CUP |
(Prior code § 16-240.040; Ord. 2022-07-12-1601-02 C.S. § 10)
A.
Purpose. The design review (-DES) overlay district(s) is intended to promote the orderly and harmonious construction of buildings, signs, and other structures by achieving the following purposes:
1.
To protect the community from the adverse effects of poor design and to encourage good design;
2.
To enhance the beauty, livability, and prosperity of the community;
3.
To encourage high quality development;
4.
To discourage poor exterior design, appearance, and inferior quality which can lead to a decline in the local environment and surrounding area;
5.
To encourage originality, creativity, and diversity in design and to avoid monotony;
6.
To ensure the compatibility of multiple-dwelling projects with surrounding neighborhoods, particularly adjoining single-family neighborhoods;
7.
To ensure single-family design which is compatible with the character inherent within the surrounding neighborhood.
B.
Applicability. The -DES overlay zoning district may be combined with any zoning district established by Section 16.16.020 (Zoning districts established) within the district boundaries. The provisions of this section shall govern the design of projects within -DES overlay district. In the event of any perceived conflict between the provisions of this section and any other provision of this Development Code, this section shall control.
(Prior code § 16-240.050)
A.
Purpose. The Magnolia historic (-MHD) overlay district is intended to provide for the recognition, preservation, and use of culturally or architecturally significant structures in the Magnolia historic district. Standards for development and new land uses within the -MHD overlay district are intended to strengthen and preserve neighborhood character, community identity, and the historic character of the district.
B.
Applicability. The -MHD overlay zoning district shall be combined with the underlying zoning district or any residential zoning district established by Section 16.16.020 (Zoning districts established) within the boundaries of the Magnolia historic preservation district.
C.
Allowed Land Uses. The uses of land that may be allowed within the -MHD overlay district shall be limited to those shown in Table 2-4.
TABLE 2-4 ALLOWABLE LAND USES AND PERMIT REQUIREMENTS IN THE MAGNOLIA HISTORIC DISTRICT | ||
|---|---|---|
Land Uses | Permit Requirement | Specific Use Standards |
Residential Uses | ||
Caretaker and employee housing | A | |
Duplexes | A | |
Family care homes, 6 or fewer clients | P | |
Family care homes, 7 or more clients | A | |
Multifamily dwellings | A | 16.80.220 |
Senior residential projects | A | 16.80.220 |
Single-family dwellings | P | |
Townhouses | A | |
Triplexes | A | |
Fourplexes | A | |
Nonresidential Uses | ||
Artisan shops | A | |
Art galleries | A | |
Auto/vehicle services—Parking facilities, public | C | |
Banks and financial services | A | |
Bed and breakfast inns | A | 16.80.090 |
Broadcasting studios | C | |
Child care facilities | ||
Child day care centers | C | 16.80.100 |
Large family child care homes | P | 16.80.100 |
Small family child care homes | P | |
Clubs, lodges, and private meeting halls | C | |
Handcraft industries, small-scale manufacturing | C | |
Libraries and museums | C | |
Live-work space | L | |
Multi-use facilities | C | 16.80.230 |
Offices | A | 16.80.240 |
Personal services, limited to: | ||
Beauty parlors and barber shops | A | |
Dry cleaning pick-up stores | A | |
Nail salons | A | |
Shoe repair shops | A | |
Tailors and seamstresses | A | |
Travel agents | A | |
Printing and publishing | C | |
Public and semi-public utility facilities | C | |
Religious places of worship | A | |
Restaurants—Table service | A | 16.80.250 |
Retail stores, limited to: | ||
Antiques | A | |
Bakeries (retail only) | A | |
Bicycle shops | A | |
Boutique stores | A | |
Bookstores | A | |
Clothing and accessories | A | |
Florists | A | |
General store | A | |
Gift shops | A | |
Grocery and produce stores | A | |
Jewelry | A | |
Luggage and leather goods | A | |
Musical instruments, parts, and accessories | A | |
Specialty shops | A | |
Stationery | A | |
Studios | A | |
Key: |
|---|
P = Use permitted |
L = Land development permit required |
A = Administrative use permit required |
C = Commission use permit required |
Empty box = Use not allowed |
1.
Restrictions. The following uses shall be allowed, subject to the following restrictions:
a.
Alcoholic Beverage Sales. No alcohol shall be sold for use off the premises (off-sale). The sale of alcohol may be allowed for consumption on site, subject to the approval of a Commission use permit (Chapter 16.168).
b.
Offices. All offices shall be limited in size to 5,000 square feet.
c.
Restaurants. All restaurants, coffee shops, coffee houses, or cafes shall be limited in size to 2,000 square feet, including outdoor dining and seating areas.
d.
Retail Uses. All allowed retail uses shall be limited in size to 1,500 square feet and shall be limited to the main floor or basement, if the main floor is raised.
e.
Other Nonresidential Uses. All other nonresidential uses shall be limited in size to 2,000 square feet, except bed and breakfast inns, child care facilities, live-work spaces, and multiuse facilities.
2.
Waiver. The Commission may waive the above requirements, subject to a Commission use permit in compliance with Chapter 16.168 (Use Permit), if:
a.
Existing Structure. An existing structure would allow a larger operation than permitted in subsection (C)(1) of this section, without adversely impacting the Magnolia historic district and further the purpose of the Magnolia historic overlay district; and
b.
New Structure. A larger structure than allowed in subsection (C)(1) of this section, would:
i.
Meet all requirements of this Development Code without applying the exceptions granted by this section (Magnolia historic overlay district),
ii.
Be designed to be compatible with, and of the same scale as, the historic buildings on the block the structure is located and the block the structure is facing, and
iii.
Provide a historic setting for the structure.
D.
Permit Requirements.
1.
Land Use Permits. Development and new land uses within the -MHD overlay district shall obtain the land use permits required in Table 2-4.
3.
Certificates of Appropriateness. Any new construction or changes to the exterior of a structure or its grounds, as defined, shall require a certificate of appropriateness, in compliance with Section 16.220.060 (Certificates of appropriateness). All new construction and exterior alterations are required to conform to the historical design and character of the existing structure and/or the district.
E.
Development Standards. Development and new land uses within the -MHD overlay district shall comply with the following development standards for primary structures:
TABLE 2-5 DEVELOPMENT STANDARDS IN THE MAGNOLIA HISTORIC DISTRICT | |
|---|---|
Development Feature | Requirement in the –MH Overlay District |
Minimum lot size | 5,000 sq. ft. |
Minimum lot area per dwelling unit | 2,500 sq. ft. |
Maximum density | 29 dwelling units per net acre |
Setbacks | |
Front | 10 ft. |
Side | 5 ft. |
Rear | 10 ft. |
Site coverage—Maximum allowed | 75% |
Height limit | 45 ft. |
F.
Accessory Structures. All accessory structures shall be in compliance with Section 16.80.020 (Accessory uses and structures), except as follows:
1.
Location. Accessory structures shall not be allowed in the front yard. Accessory structures may be located to the side or rear of the primary structure in compliance with Section 16.80.020 (Accessory uses and structures), except:
a.
Accessory structures to single-family residences may be located up to the side or rear property line in compliance with the separation requirements of the latest editions of the California Building Code and the California Fire Code; and
b.
Accessory structures in compliance with the separation requirements of the latest edition of the California Building Code may be separated from the primary structure by less than five feet.
2.
Height. The height of an accessory structure may exceed 15 feet if it is in keeping with the historic character of the district and the primary structure subject to an administrative use permit. A certificate of appropriateness shall be required before obtaining the administrative use permit to determine if the proposed accessory structure is in keeping with the historic character of the district and the primary structure.
G.
Parking. Parking requirements shall be in compliance with Chapter 16.64 (Off-Street Parking and Loading Standards), except as follows:
1.
Exception. The following are exceptions to Chapter 16.64:
a.
Residential Uses. One enclosed or covered parking space per dwelling unit to be located, if feasible, in the rear yard.
b.
Nonresidential Uses. One space per 500 square feet of floor area, except live-work space in compliance with subsection (G)(1)(c) of this section, and child care facilities and bed and breakfasts in compliance with Table 3-9 (Parking Requirements by Land Use). The parking spaces shall be located behind the primary structure and screened from adjacent property and the street by a six foot high wall.
c.
Live-Work Spaces. One enclosed or covered parking space per dwelling unit plus one space per 500 square feet of the nonresidential floor area. The driveway may be considered in meeting the required number of nonresidential spaces.
H.
Landscaping. All yards adjacent to a public right-of-way shall be landscaped in compliance with Chapter 16.56 (Landscaping Standards).
I.
Fences. Fences, hedges, and walls may be provided in compliance with the requirements for residential zoning districts in Chapter 16.48 (Fences, Hedges, and Walls), except:
1.
Chain-link fencing and barbed wire/razor wire fencing as described in Section 16.48.100 shall not be permitted.
2.
Wrought iron fences within the front and streetside setback area may be allowed up to six feet in height in compliance with Section 16.48.060(B) (Wrought iron fences).
J.
Hours of Operation. Unless otherwise specified in a use permit or temporary activity permit, all nonresidential activities shall cease by 10:00 p.m. A waiver may be granted by the Commission, subject to a Commission use permit, if:
(Prior code § 16-240.060; Ord. 023-07 C.S. §§ 12—14; Ord. 015-09 C.S., eff. 12-3-09; Ord. 2020-06-09-1501 C.S. § 6; Ord. 2022-07-12-1601-02 C.S. § 11)
A.
Purpose. The Commercial-Industrial (-CI) overlay district is intended to preserve urban industrial land as viable sites of production and employment while buffering heavy industrial activities from existing residential uses. Allowable uses in this place type include light industrial, clean manufacturing, agricultural technologies, food processing, energy resources and technologies, offices, commercial uses to support business endeavors, repurposed buildings with live/work artist studios, and other nonnoxious industrial and manufacturing uses.
B.
Applicability. The -CI overlay district may be combined with an underlying commercial zoning district established by Section 16.16.020 (Zoning districts established) within the district boundaries. Where there may be a conflict, the standards in this section shall prevail.
 |
C.
Allowed Land Uses. The following uses shall be allowed subject to the following restrictions:
ALLOWABLE LAND USES AND PERMIT REQUIREMENTS IN THE COMMERCIAL-INDUSTRIAL OVERLAY | ||
|---|---|---|
LAND USES | PERMIT REQUIREMENT | SPECIFIC USE STANDARDS |
Artisan Food and Beverage | P | 16.80.170 |
Electricity generating plants/facilities other than nuclear | C | 16.80.170 |
Electronics, equipment & appliance manufacturing | P | 16.80.170 |
Fabric product manufacturing | P | 16.80.170 |
Food and beverage product manufacturing | P | 16.80.170 |
Furniture and fixtures manufacturing | P | 16.80.170 |
Handcraft industries, small-scale manufacturing | P | 16.80.170 |
Manufacturing | ||
Light | P | 16.80.170 |
Cannabis testing laboratory* | P | 16.80.195 |
Metal products fabrication, machine/welding shops | P | 16.80.170 |
Petroleum storage and distribution | 16.80.170 | |
Printing and publishing | 16.80.170 | |
Research & development (R&D) | P | 16.80.170 |
Storage yards | C | 16.80.170 |
Warehouses | C | 16.80.170 |
Wholesaling and distribution | C | 16.80.170 |
Educational facilities | ||
Vocational and technical schools | P | |
Equipment repair and maintenance training | L | |
Specialized education and training | P | |
Vehicle repair and maintenance training | L | |
Indoor recreation facilities | A | |
Construction, farm & heavy equipment sales | P | 16.80.330 |
Mobile home sales | A | 16.80.330 |
Recreational vehicle & boat sales— New/used | A | 16.80.330 |
Animal services | ||
Kennel and boarding facilities | A | |
Training facilities | L | |
Veterinary clinics and animal hospitals | P | 16.80.370 |
Auto/vehicle services | ||
Fueling stations | L | 16.80.320 16.80.340 |
Maintenance/minor repair | P | 16.80.320 |
Major repair/body work | L | 16.80.340 |
Vehicle storage | C | 16.80.020.C |
Personal storage facilities (mini-storage) | A | 16.80.200 |
Social services facilities | ||
Feeding centers | C | |
Emergency shelters | P | 16.80.155 |
Communications facilities | ||
Minor | P | Ch. 16.44 |
Major | A | Ch. 16.44 |
Motion picture production | A | |
Key: |
|---|
P = Use permitted |
L = Land development permit required |
A = Administrative use permit required |
C = Commission use permit required |
E = Use not allowed, except under special circumstances |
Empty box = Use not allowed |
D.
Development Standards. Development and new land uses within the -CI overlay district shall comply with the following development standards for primary structures:
1.
Enclosed Use Requirements and Exceptions. Proposed development and new land uses shall be conducted entirely within an enclosed structure except for those cases in which another type of roofed enclosure is approved by the Director or Commission for use at a particular location, subject to the following:
2.
Screening Standards.
a.
Open storage of goods or materials incidental to the primary activity shall be screened from any adjacent public street by a solid, decorative, masonry wall, or landscaped berm and wall, the design and height to be approved by the Director;
b.
Loading and unloading areas and ground-mounted equipment, including utility vaults, air conditioners, fuel containers, etc., that are visible from any adjacent public streets shall be screened by a solid, decorative masonry wall or landscaped berm and wall that has a minimum height of eight feet above the adjacent street grade; and
3.
Security.
a.
Security systems and onsite monitoring will be conditioned for outdoor storage and proposed operations that require discretionary review (i.e., use permit) from the City.
b.
Lighting.
ii.
Light fixture heights should not exceed eight feet when adjacent to residential uses unless the setback of the fixture from property line is twice the height of the fixture. No ground mounted light fixture shall exceed 25 feet in height.
iii.
Any lighting located adjacent to riparian areas shall be directed downward and away from riparian areas.
(Ord. 2022-07-12-1601-02 C.S. § 12)