A.
Designation of Zones. The zones hereby established and into which the city is divided are designated as follows:
R-1 | Low Density Residential |
R-2 | Medium Density Residential |
R-3 | High Density Residential |
R-A | Rural Residential |
C-1 | Neighborhood Commercial |
C-2 | General Commercial |
C-3 | Service Commercial |
I | Industrial |
P | Public Facility |
O-S | Park/Open Space |
S-P | Specific Plan |
P-D | Planned Development Overlay |
B.
Zoning Maps. The designations, locations, and boundaries of the zones listed in subsection A of this section are set forth on the zoning map or maps of the city on file in the office of the city clerk. The zoning map or maps and all notations, references, data and other information shown thereon and this title shall together constitute the zoning ordinance.
C.
Classification of Territory. All territory within the city shall be classified as a part of that zoning district recommended by the planning commission and adopted by the city council in accordance with the general plan. All territory shall retain its classification unless and until it is otherwise zoned in the manner prescribed by law. The city may prezone unincorporated territory adjoining the city for the purpose of determining the zoning that will apply to such territory in the event of subsequent annexation to the city. The procedure for such prezoning shall be as prescribed in HMC § 17.04.048(D), and such prezoning shall become effective upon annexation of the territory to the city.
D.
Conformance with Zoning Regulations. Except as otherwise provided in this title:
1.
No building or part thereof or other structure shall be erected, altered, added to or enlarged nor shall any land, building, structure or premises be used, designated or intended to be used for any purpose, or in any manner other than as included among the uses listed in this title as permitted in the zone in which such building, land or premises is located.
2.
No building or part thereof or structure shall be erected, reconstructed or structurally altered to exceed in height the limit designated in this title for the zone in which the building is located.
3.
No building or part thereof or other structure shall be erected, nor shall any existing building be altered, enlarged, rebuilt, or moved into any zone, nor shall any open space be encroached upon or reduced in any manner, except in conformity to the yard, building site area, and building location regulations designated in this title for the zone in which such building or open space is located.
4.
No yard or other open space, off-street parking space, garage space, or loading space provided about any building for the purpose of complying with the provisions of this title shall be considered as a yard or open space, off-street parking space, garage space, or loading space for any other building, and no yard or other open space, off-street parking space, garage space or loading space on one building site shall be considered as providing a yard or other open space, off-street parking space, garage space, or loading space for any other building site, except as otherwise provided in this title.
E.
Zoning District Boundary Determination. Where any uncertainty exists as to the boundaries of a zoning district as shown on the zoning map, the following rules shall apply:
1.
Streets or Alleys. Where a zoning boundary line is indicated as following a street or alley, the centerlines of such streets or alleys shall be construed to be the boundaries of such zones.
2.
Lot Lines. Where a zoning boundary line follows or coincides approximately with a lot line or a property ownership line, it shall be construed as following the lot line or property ownership line.
3.
Zoning Map. Where a zoning boundary line is not indicated as following a street or alley and does not follow or coincide approximately with a lot line or property ownership line, the to-scale zoning map shall be used to determine the precise location of the zoning boundary line.
4.
Further Zoning Boundary Uncertainties. Where further uncertainty exists, the planning commission, upon receiving written application or upon its own motion, shall determine the location of the zoning boundary in question giving due consideration to the location indicated on the zoning map, the objectives of the zoning ordinance, the purposes set forth in the zoning district regulations and any previous actions of the city council or the planning commission.
F.
Limitation of Land Use.
1.
No building shall be erected, reconstructed or structurally altered, nor shall any building or land be used for any purpose except as specifically allowed in the zone in which the building or land is located.
2.
It shall be unlawful for any person or entity to locate or operate in any zone in the city any use which is illegal under state or federal law.
3.
It shall be unlawful, to the extent California law allows prohibition, for commercial, noncommercial, or nonprofit marijuana activities of all types including, but not limited to, dispensaries, collectives, cooperatives, transportation, distribution, cultivation, manufacturing, delivery, testing, processing or any business licensed by the state or other government entity under either Division 8, Chapter 3.5, or Division 10 of the California Business and Professions Code, as it may be amended from time to time, to locate or operate in all zones, planned developments, and all specific and master plan areas in the city of Hughson. To the extent California law allows prohibition, no person shall establish, operate, conduct or allow any commercial, noncommercial, or nonprofit marijuana activity anywhere within the city. The city shall not approve or issue any use permit, variance, building permit, or any other entitlement or permit, whether administrative or discretionary, for the establishment or operation of any marijuana business, activity, or operation, to the extent California law allows prohibition.
G.
Unlisted Uses Not Allowed. If a proposed use of land is not allowed as of right or allowed subject to a permit, according to the regulations set forth in this title for the applicable zone, the use shall not be allowed, except as follows:
1.
The planning officer may determine that a proposed use not listed for any zoning district is allowable as of right, subject to a zoning clearance, or that it is allowable subject to an administrative permit or use permit, if all of the following findings are made:
a.
The characteristics of, and activities associated with, the proposed use are equivalent to those of one or more of the allowable uses for the zoning district.
b.
The proposed use will not involve a higher level of activity, density or intensity than the allowable uses for the district.
c.
The proposed use will meet the purpose and intent of the applicable zoning district.
d.
The proposed use will be consistent with the goals, objectives and policies of the general plan.
2.
When the planning officer determines that a proposed use is equivalent to a listed use, the proposed use shall be treated in the same manner as the listed use for the purposes of determining where it is allowed, what permits are required and what other requirements of this title apply. A record of the determination shall be made in accordance with the procedures set forth in HMC § 17.01.080(E).
H.
Water Allocation. All uses shall be subject to the city's water allocation policy. A conditional use permit shall be required for all uses which need to demonstrate compliance with this policy.
(Ord. 08-06 § 1, 2008; Ord. 16-01 § 1, 2016; Ord. 17-01 § 1, 2017)