Note: Prior ordinance history: Ord. Nos. 9060, 9189, 9336,
9638, 9785, 9804, NS-180, NS-243, NS-274, NS-283, NS-355, NS-409,
NS-662, NS-663, and NS-675.
A.
The
intent and purpose of the R-W residential waterway zone is to:
1.
Implement
the R-23 (Residential 15-23 du/ac) land use designation of the Carlsbad
general plan;
2.
Provide
an area in which residential development centered about a navigable
waterway may be accommodated; and
3.
Provide
regulations and standards for the development of residential dwellings
and other permitted or conditionally permitted uses as specified in
this chapter.
(Ord. NS-718 § 13, 2004; Ord. CS-432, 9/27/2022)
A.
In an R-W zone, notwithstanding any other provision of this title, only the uses listed in Table A, below, shall be permitted, subject to the requirements and development standards specified by this chapter, and subject to the provisions of Chapter 21.44 of this title governing off-street parking requirements.
B.
The uses permitted by conditional use permit, as indicated in Table A, shall be subject to the provisions of Chapter 21.42 of this title.
C.
A use
similar to those listed in Table A may be permitted if the City Planner
determines such similar use falls within the intent and purposes of
this zone, and is substantially similar to the specified permitted
uses.
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Table A
Permitted Uses
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In the table, below, subject to all applicable permitting and
development requirements of the municipal code:
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"P" indicates use is permitted. (See note 7 below)
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"CUP" indicates use is permitted with approval of a conditional
use permit. (See note 7 below)
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1 = Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this title.
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2 = Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title.
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3 = Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of this title.
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"Acc" indicates use is permitted as an accessory use.
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Use
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P
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CUP
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Acc
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Accessory buildings/structures (e.g., garages, workshops, tool sheds, patio covers, decks, etc.) (see notes 1 and 2 below) (defined: Section 21.04.020)
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X
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X
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Animal keeping (household pets) (subject to Section 21.53.084)
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X
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Animal keeping (wild animals) (subject to Section 21.53.085)
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X
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Aquaculture (defined: Section 21.04.036)
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2
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Biological habitat preserve (subject to Section 21.42.140(B)(30); defined: Section 21.04.048)
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2
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Boat launching/docking facilities (see note 3 below)
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X
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Campsites (overnight) (subject to Section 21.42.140(B)(40))
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2
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Cemeteries
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3
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Churches, synagogues, temples, convents, monasteries, and other
places of worship
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2
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Dwelling, one-family (see note 4 below) (defined: Section 21.04.125)
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X
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Dwelling, two-family (defined: Section 21.04.130)
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X
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X
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Educational institutions or schools, public/private (defined: Section 21.04.140)
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2
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Employee housing (serving six or fewer persons)
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X
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X
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X
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Farmworker housing complex, small (subject to Section 21.10.125; defined: Section 21.04.148.4)
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1
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Greenhouses > 2,000 square feet (subject to Section 21.42.140(B)(70))
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1
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Golf courses (see note 5 below)
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3
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Home occupation (subject to Section 21.10.040)
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X
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Housing for senior citizens (subject to Chapter 21.84)
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X
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X
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Mobile buildings (subject to Section 21.42.140(B)(90); defined: Section 21.04.265)
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2
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Mobile home (see notes 4 and 6 below) (defined: Section 21.04.266)
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X
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Packing/sorting sheds > 600 square feet (subject to Section
21.42.140(B)(70))
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1
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Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Section 21.04.297)
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2
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Residential care facilities (serving six or fewer persons) (defined: Section 21.04.300)
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X
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X
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X
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Supportive housing (defined: Section 21.04.355.1)
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X
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X
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Transitional housing (defined: Section 21.04.362)
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X
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Windmills (exceeding height limit of zone) (subject to Section
21.42.140(B)(160))
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1 / 2
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Zoos (private) (subject to Section 21.42.140(B)(170); defined: Section 21.04.400)
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2
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Notes:
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1.
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Private garages (defined: Section 21.04.150) shall accommodate not more than two cars per dwelling unit.
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2.
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When associated with a two-family or multiple-family dwelling, accessory buildings shall not include guesthouses or accessory living quarters (defined: Section 21.04.165).
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3.
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Boat launching and docking facilities are permitted only for
the sole use of residents of any subdivision in which the facility
is located, and which is within the R-W zone.
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4.
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One-family dwellings are permitted when developed as two or
more detached units on one lot. Also, a single one-family dwelling
shall be permitted on any legal lot that existed as of October 28,
2004, and which is designated and zoned for residential use. Any proposal
to subdivide land or construct more than one dwelling shall be subject
to the density provisions of the general plan and intent of the underlying
residential land use designation.
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5.
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A conditional use permit is not required for a golf course if
it is approved as part of a master plan for a planned community development.
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6.
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Mobile homes must be certified under the National Mobile Home
Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401
et seq.) on a foundation system pursuant to Section 18551 of the State
Health and Safety Code.
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7.
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(Ord. NS-718 § 13, 2004; Ord. NS-746 § 10, 2005; Ord. NS-791 § 16, 2006; Ord. CS-102 §§ XXXV—
XXXVII, 2010; Ord. CS-164 § 10,
2011; Ord. CS-189 § XX,
2012; Ord. CS-191 § XII,
2012; Ord. CS-224 § XVII,
2013; Ord. CS-249 § X,
2014; Ord. CS-324 § 2,
2017; Ord. CS-384 §§ 10,
15, 2020; Ord. CS-432, 9/27/2022)
No building in the R-W zone shall exceed a height of thirty-five
feet.
(Ord. NS-718 § 13, 2004)
Every lot shall have a front yard of not less than ten feet
in depth.
(Ord. NS-718 § 13, 2004)
(Ord. NS-718 § 13, 2004)
There shall be a rear yard of not less than eight feet in depth.
(Ord. NS-718 § 13, 2004)
A.
All accessory structures shall comply with the following development standards, except as otherwise permitted for accessory dwelling units pursuant to Section 21.10.030:
1.
The
lot coverage shall include accessory structures in the lot coverage
calculations for the lot;
2.
The
distance between buildings used for human habitation and accessory
buildings shall be not less than ten feet;
3.
When
proposed on a lot adjoining native vegetation, accessory structures
within a fire suppression zone must be reviewed and approved by the
fire department;
4.
Buildings
shall not exceed one story;
5.
Building
height shall not exceed fourteen feet if a minimum roof pitch of 3:12
is provided or ten feet if less than a 3:12 roof pitch is provided;
and
B.
Habitable
detached accessory structures shall comply with all requirements of
the zone applicable to placement of a dwelling unit on a lot including
setbacks.
C.
Detached
accessory structures which are not dwelling units and contain no habitable
space, including, but not limited to, garages, workshops, tool sheds,
decks over thirty inches above grade and freestanding patio covers
shall comply with the following additional development standards when
located within a lot's required setback areas:
1.
The
maximum allowable building area per structure shall not exceed a building
coverage of four hundred forty square feet;
2.
The
following setbacks shall apply: a front yard setback of twenty feet,
a rear yard setback of five feet, a side yard setback of five feet,
and an alley setback of five feet;
3.
The
maximum plumbing drain size shall be one and one-half inches in diameter
so as to prohibit toilets, showers, bathtubs and other similar fixtures;
and
4.
The
additional development standards listed above (subsections (C)(1)
through (3) of this section) shall apply to the entire subject accessory
structure, not just the portion encroaching into a lot's setback area.
(Ord. NS-718 § 13, 2004; Ord. CS-324 § 16, 2017; Ord. CS-384 § 19, 2020)
The minimum required area of a lot in the R-W zone shall not
be less than five thousand square feet.
(Ord. NS-718 § 13, 2004)
Every lot shall have a width of not less than forty feet at
the rear line of the required front yard.
(Ord. NS-718 § 13, 2004)
All buildings, including accessory buildings and structures,
shall not cover more than seventy-five percent of the area of the
lot.
(Ord. NS-718 § 13, 2004)
A.
Not
less than seventy percent in number of the R-W zoned lots in any subdivision
in an R-W zone shall have direct access to a navigable waterway.
B.
For each twenty lots or portion thereof without direct access to a navigable waterway, there shall be provided a boat launching facility within the subdivision on an R-W zoned lot which does have direct access to a navigable waterway. The area of such lot not utilized for the boat launching facility shall be improved for parking and shall conform to the requirements of Sections 21.44.080 and 21.44.100.
C.
"Direct
access" for the purpose of this section means that at least twenty
feet or one-half, whichever is the longer, of a side or rear lot line
shall border upon such navigable waterway.
D.
"Navigable
waterway" for the purpose of this section means an ocean inlet or
lagoon, or other arm of the sea, actually usable for boating; and
any channel actually usable for boating and docking facilities connecting
with an ocean inlet or lagoon or other arm of the sea.
(Ord. NS-718 § 13, 2004)
