Title 9 — Zoning

§ 9.01.010 Purpose

These zoning regulations are adopted to promote the orderly development of land within the City of McLainberg; to protect the character and stability of residential, commercial, industrial, and open space areas; to minimize conflicts between incompatible land uses; and to implement the McLainberg General Plan.

§ 9.01.020 Zoning Map

The boundaries of the zoning districts are shown on the Official Zoning Map of the City of McLainberg, which is hereby incorporated by reference. The Zoning Map is maintained by the Community Development Department and is available for public inspection during business hours and online at the City's website.

§ 9.01.030 Interpretation of Zoning Map Boundaries

Where uncertainty exists regarding the boundary of any zoning district, the following rules shall apply: (a) where a boundary coincides with a street centerline, the centerline shall be the boundary; (b) where a boundary coincides with a parcel line, the parcel line shall be the boundary; (c) where a boundary crosses a parcel, the location shall be determined by measurement from the nearest street. Questions of interpretation shall be decided by the Planning Director, appealable to the Planning Commission.

§ 9.01.040 Effect of Zoning

No building, structure, or land shall hereafter be used or occupied, and no building or structure shall be erected, constructed, reconstructed, moved, altered, or enlarged, except in conformity with the provisions of this title and the Development Code applicable to the zoning district in which it is located.

§ 9.02.010 Residential Districts Established

The following residential zoning districts are hereby established within the City of McLainberg:

1. R-E (Rural Estate): Low-density residential with minimum lot sizes of one (1) acre. Designed to preserve the rural character of McLainberg's foothills areas.
2. R-1 (Single-Family Residential): Detached single-family dwellings on lots of 6,000 square feet or more. The primary residential district for established neighborhoods.
3. R-2 (Low-Density Multi-Family): Allows duplexes and triplexes in addition to single-family dwellings. Minimum lot size: 8,000 square feet.
4. R-3 (Medium-Density Multi-Family): Allows apartments and condominiums up to 20 units per acre. Intended for areas with transit access and proximity to services.
5. R-4 (High-Density Residential): Allows apartments and mixed-use residential at up to 40 units per acre. Intended for downtown-adjacent areas.

§ 9.02.020 Accessory Dwelling Units

Accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) are allowed in all residential zoning districts in compliance with Government Code §§ 65852.1 et seq. and the development standards set forth in the Development Code, Chapter 4.07. ADU applications shall be processed ministerially without discretionary review.

§ 9.03.010 Commercial Districts Established

The following commercial zoning districts are established:

1. C-N (Neighborhood Commercial): Small-scale retail and services oriented to adjacent residential neighborhoods. Maximum building height: 30 feet.
2. C-G (General Commercial): A wide range of retail, service, office, and compatible uses. Primary commercial corridor designation.
3. C-D (Downtown Commercial): Mixed-use commercial and residential in the historic downtown core. Ground floor commercial required. Maximum height: 50 feet.
4. C-O (Commercial Office): Professional and administrative offices, medical uses, and ancillary services.
5. C-R (Commercial Recreation): Recreational, hospitality, and tourism-oriented commercial uses.

§ 9.04.010 Industrial Districts Established

The following industrial zoning districts are established:

1. I-L (Light Industrial): Light manufacturing, warehousing, research and development, and compatible uses that can be conducted without significant noise, odor, or other nuisance impacts on adjacent properties.
2. I-G (General Industrial): A wider range of manufacturing, processing, and industrial service uses, subject to performance standards to minimize off-site impacts.

§ 9.05.010 OS-P (Open Space — Parks)

Lands in the OS-P district are designated for public parks, recreational facilities, trails, and open space managed by the City or other public agencies. Permitted uses include passive and active recreation, park facilities, and public utility facilities compatible with open space character.

§ 9.05.020 OS-C (Open Space — Conservation)

Lands in the OS-C district are environmentally sensitive areas including riparian corridors, wetlands, steep slopes, and wildlife habitat. Development within the OS-C district is severely restricted to protect natural resources. Only passive recreation and resource management activities are permitted.

§ 9.05.030 AG (Agriculture)

The AG district is intended to preserve existing agricultural lands, ranches, and farm operations within the City and sphere of influence. Permitted uses include crop cultivation, orchards, animal husbandry, farm stands, and agritourism activities consistent with the right-to-farm protections of California Food and Agriculture Code § 3482.5.

§ 9.06.010 Overlay Districts

The following overlay districts are established and applied in addition to the underlying zoning district:

1. HD (Historic District) Overlay: Applied to the McLainberg Historic Downtown District. Projects within the HD overlay require review by the Historic Preservation Committee for compliance with adopted design guidelines.
2. FH (Flood Hazard) Overlay: Applied to all FEMA-designated Special Flood Hazard Areas (SFHAs). Development requires compliance with Chapter 5 of the Development Code.
3. HWZ (High Wind Zone) Overlay: Applied to areas subject to sustained high winds as identified by the Fire Department. Enhanced construction standards apply per Title 8.
4. TOD (Transit Overlay District): Applied within a half-mile of transit stops. Reduced parking requirements and increased density bonuses apply.

§ 9.07.010 Continuation

Any legally established use or structure that does not conform to the regulations of the zoning district in which it is located as a result of subsequent rezoning or code amendments may be continued subject to the limitations of this chapter. Nonconforming status runs with the land and is not affected by change of ownership.

§ 9.07.020 Nonconforming Structures

A nonconforming structure may be maintained and repaired but may not be expanded in any way that increases the degree of nonconformity. If a nonconforming structure is destroyed by fire, earthquake, or other casualty to the extent of more than fifty percent (50%) of its replacement value, it shall not be rebuilt except in conformance with current zoning regulations unless exempt under state law.

§ 9.07.030 Discontinuance

If a nonconforming use is discontinued for a period of twelve (12) consecutive months, it shall be deemed abandoned and the right to continue the nonconforming use shall terminate. Any subsequent use of the land or structure shall conform to the regulations of the applicable zoning district.