Santa Clara County Zoning Ordinance - .NET Framework

1 Zoning Ordinance County of Santa Clara (Jan 18)CONTENTS Article 1: GENERAL PROVISIONS Title and Purpose Application of the Zoning Ordinance Definitions: General Terms Article 2: BASE DISTRICTS Definitions: Use Classifications Rural Base Districts (A, AR, HS, RR) Urban Residential Base Districts (R1, R1E, RHS, R1S, R3S, R2, R3) Commercial and Industrial Base Districts (CN, CG, OA, ML, MH) Special Purpose Base Districts (A1, RS, OS/F, SCA) Article 3: COMBINING DISTRICTS Lot-Size Combining Districts -d Design Review Combining -sr Scenic Road Combining -n Neighborhood Standards Combining -h Historic Preservation Combining -bw Bay Wetlands Combining -mh Monterey Highway Use Permit Area Combining -ps Public Services and Supportive Housing Combining -sm San Martin Use Permit Areas Combining DistrictArticle 4: SUPPLEMENTAL REGULATIONS AND STANDARDS Supplemental Use Regulations Supplemental Development Standards Off-Street Parking and Loading Signs Nonconforming Uses and Structures Article 5: PROCEDURES AND ADMINISTRATION Review Authority Common Procedures Appeals Architecture & Site Approval (ASA) Cluster Development Plan Design Review Lot Line Adjustment Special Permit Use Permit Variance Zoning Amendment Enforcement 1 Santa Clara County Zoning OrdinanceChapter : Title and Purpose March 2003 CHAPTER TITLE AND PURPOSE Sections: Adoption and Reference Function Purpose Adoption and ReferenceThis Ordinance shall be known and cited as the Zoning Ordinance of the County of Santa Clara .

2 All references to the Zoning Ordinance shall refer to this Ordinance and amendments thereto. FunctionThe Zoning Ordinance divides the unincorporated territory of the County into geographical districts designated as Zoning districts. Groups of these districts are designated as Zoning for rural uses, resource conservation, open space and environmental protection, while the remainder are designated as Zoning districts for urban uses. The Zoning Ordinance establishes regulations limiting the use of land and structures, the location, height and bulk of structures, the open space about buildings and principal uses, and provides for such other measures that will accomplish the purposes of the Zoning Ordinance and the general plan. PurposeThe Zoning Ordinance is adopted to promote and protect the public health, safety, peace, comfort, convenience and general welfare, and for the following more particularly specified purposes: A.

3 To implement the general plan and to guide and manage the future growth of the unincorporated areas within the County of Santa Clara in accordance with that plan, as described in the goals and objectives of the general plan; B. To regulate land use and development in a manner that will encourage and support the beneficial use and orderly development of lands within the County ; C. To minimize adverse effects on the public resulting from the inappropriate creation, location, use or design of building sites, buildings, land uses, parking 2 Santa Clara County Zoning Ordinance Chapter : Title and Purpose March 2003 areas, or other forms of land development by providing appropriate standards for development; D. To protect and enhance the significant natural, historic, archeological and scenic resources within the County as identified by the County General Plan; and E. To assist the public in identifying and understanding regulations affecting the development and use of land.

4 3 Santa Clara County Zoning OrdinanceChapter : Application of the Zoning Ordinance Rev: January 2017 CHAPTER APPLICATION OF THE Zoning Ordinance Sections: Organization of Regulations Interpretation of Terms Precision of Numbers/ Rounding Interpretation of Regulations Zoning District Boundaries Zoning Maps Compliance Organization of RegulationsA. Articles and Chapters. The Zoning Ordinance is organized into five articles. Each article contains two or more chapters. B. Article 1: General Provisions. Article 1 contains introductory information setting forth the purpose of the Zoning Ordinance , and is also a guide to using the Zoning Ordinance . It also contains definitions of general terms used throughout the Ordinance . C. Article 2: Base Districts. Article 2 contains the primary regulations for each Zoning district. The first chapter, Chapter , defines the use classifications that are referenced throughout Article 2 and elsewhere in the Zoning Ordinance , and the remaining four chapters comprise the base district regulations.

5 Article 2 is the customary starting point for determining the fundamental Zoning provisions that apply within a district or to a particular parcel of land within the unincorporated portion of the County . 1. The official Zoning maps maintained in the planning office divide all territoryin the unincorporated portion of the County into Zoning districts. Article 2distributes these Zoning districts (base districts) within four generalcategories Rural, Urban Residential, Commercial and Industrial, and SpecialPurpose each the subject of a separate chapter, as Base Districts (Chapter );b. Urban Residential Base Districts (Chapter ); and Industrial Base Districts (Chapter ); andd. Special Purpose Base Districts (Chapter ).2. Chapters through provide several types of information:4 Santa Clara County Zoning OrdinanceChapter : Application of the Zoning OrdinanceRev: January 2017 indicate the uses allowed in each base district these uses aredescribed in Chapter : Definitions: Use Classifications;b.

6 They contain the property development standards, such as minimum lotsize, maximum height of buildings, and minimum setbacks; may include additional provisions that apply to particular uses orzoning districts; andd. They may refer the reader to another part of the Zoning Ordinance , such asto the chapter on parking and Article 3: Combining Districts. Article 3 contains the regulations for each combining Zoning district, which augment or in some cases supersede the regulations of a base district with which it is combined. After consulting Article 2 to determine the basic regulations applying to a district or a particular parcel of land, the user of the Zoning Ordinance should also determine if a combining district applies to the parcel. In case of conflict, the provisions of the combining districts prevail. E. Article 4: Supplemental Standards and Regulations. Article 4 contains standards and regulations that are in addition to those found in Articles 2 and 3 for particular uses and types of development: 1.

7 Chapter contains supplemental regulations for specific uses. The Supplemental Regulations column in the tables showing allowed uses inChapters , , , and direct the user to specific sections inChapter Chapter contains supplemental standards for specific types ofdevelopment. The user should read through the list of sections on the firstpage of Chapter to see if any of the topics other chapters in Article 4 each deal with a specific standards issue,including parking and loading, signs, and Article 5: Procedures and Administration. Article 5 describes the procedures for the various types of permits and other approvals required by the Zoning Ordinance . It also describes the procedures for amending and enforcing the Zoning Ordinance . Interpretation of TermsThe following terms are to be interpreted as indicated below. A. Definitions. Definitions of certain terms used in this Zoning Ordinance are found in Chapter Definitions of use classifications are found in Chapter 5 Santa Clara County Zoning OrdinanceChapter : Application of the Zoning Ordinance Rev: January 2017 B.

8 Tense. All words used in the present tense shall include the future tense, unless the context indicates otherwise. C. Number. All words in the plural number shall include the singular number and all words in the singular number shall include the plural number, unless the context indicates otherwise. D. Shall. The word "shall" is mandatory and not discretionary. E. County . The word " County " (uppercase) as used herein shall refer to the County of Santa Clara , a political subdivision of the State of California. The word " County " (lowercase) as used herein shall, depending on the specific context in which it is used, mean either (a) the geographical territory comprising all unincorporated portions of Santa Clara County , (b) the entire geographical territory of Santa Clara County , including its incorporated cities, or (c) any other referenced County . F. General Plan. The term "General Plan" as used herein shall mean the Santa Clara County General Plan, unless otherwise expressly stipulated.

9 G. Ordinance Code. The term " Ordinance Code" as used herein shall mean the Ordinance Code of the County of Santa Clara . H. Zoning Ordinance . The term " Zoning Ordinance " as used herein shall mean Appendix I, Zoning , of the Ordinance Code of the County of Santa Clara , which is also cited as the Zoning Ordinance of the County of Santa Clara . I. Board of Supervisors. The term "Board of Supervisors" shall mean the Board of Supervisors of the County of Santa Clara . J. Planning Commission. The term "Planning Commission" shall mean the Planning Commission of the County of Santa Clara . K. Director. The terms "Director" and Planning Director as used herein shall each mean the Director of the County of Santa Clara Department of Planning and Development, or authorized designee, unless otherwise expressly stipulated. L. Zoning Administrator. The term " Zoning Administrator" as used herein shall mean the Zoning Administrator of the County of Santa Clara .

10 M. Planning Office. The term "Planning Office" as used herein shall mean the Planning Office of the County of Santa Clara . N. Boundaries. The words " County boundary" shall mean the exterior boundary of the County of Santa Clara or the boundary of any incorporated municipality within the County , or both. 6 Santa Clara County Zoning OrdinanceChapter : Application of the Zoning OrdinanceRev: January 2017 O. Articles, Chapters, and Sections. References to articles, chapters, and sections (also referenced with the symbol ) apply to articles, chapters, and sections of this Zoning Ordinance , unless otherwise indicated. P. Subsections. References to subsections apply to a subsection of the section in which the term is mentioned, or the lower order subsection of a higher order subsection, unless otherwise indicated. Q. Historical Heritage Coordinator. The term Historical Heritage Coordinator as used herein shall mean the Historical Heritage Coordinator of the County of Santa Clara , who serves as staff to the Historical Heritage Commission.