This title is and shall be cited as the City of Rancho Mirage
Zoning Ordinance, Title 17 of the Rancho Mirage Municipal Code, hereafter
referred to as this zoning ordinance.
(Ord. 777 § 1 (Exh. A,
2002))
This title implements the policies of the Rancho Mirage general
plan by classifying and regulating the uses of land and structures
within the city of Rancho Mirage. This title is adopted to protect
and to promote the public health, safety, comfort, convenience, prosperity,
and general welfare of residents, and businesses in the city. Additional
purposes of this title are to:
A. Implement
the goals, objectives, policies and programs of the Rancho Mirage
general plan, and to manage future growth and development in compliance
with that plan;
B. Provide
standards for the orderly growth and development of the city that
will maintain the community's unique characteristics in appropriate
locations;
C. Require
high quality planning and design for development, that enhances the
visual character of the city, avoids conflicts between land uses,
and preserves the scenic qualities of the city;
D. Conserve
and protect the natural resources of the city, its natural beauty
and significant environmental amenities; and
E. Create
a comprehensive and stable pattern of land uses upon which to plan
transportation, water supply, sewerage and other public facilities
and utilities.
(Ord. 777 § 1 (Exh. A,
2002))
A. Authority.
This title is enacted based on the authority vested in the city of
Rancho Mirage by the state of California, including but not limited
to the State Constitution; 65800 and subsequent sections of the California
Government Code; the California Environmental Quality Act, Subdivision
Map Act, and the
Health and Safety Code.
B. Implement
General Plan Consistency. This title is the primary tool used by the
city of Rancho Mirage to implement the goals, objectives, policies,
and programs of the Rancho Mirage general plan. The Rancho Mirage
city council intends that this title be consistent with the Rancho
Mirage general plan, and that any land use, subdivision, or development
approved in compliance with this title will also be consistent with
the Rancho Mirage general plan. A proposed use is considered to be
consistent with the general plan when the following conditions exist:
1. The
proposed use is compatible with the description of the land use element
designation in which the use is located, as shown by the land use
element map, and as described in the text of the general plan;
2. The
proposed use is in conformance with the goals, objectives, policies,
plans, programs, maps, and guidelines and the intent of the Rancho
Mirage general plan; and
3. The
proposed use is to be established and maintained in a manner which
is consistent with all elements of the general plan and all applicable
provisions contained therein.
(Ord. 777 § 1 (Exh. A,
2002))
All projects subject to the provisions of the California Environmental
Quality Act (CEQA) shall be reviewed in compliance with the provisions
of this title and State law (
Public Resources Code 21000 et. seq.,
and
Code of Regulations 15000 et. seq.).
(Ord. 777 § 1 (Exh. A,
2002))
This title applies to all land uses, structures, subdivisions,
lot line adjustments, and development within the city of Rancho Mirage,
as follows.
A. New Land Uses or Structures, Changes to Land Uses or Structures. It shall be unlawful, and a violation of this title, for any person to establish, construct, reconstruct, alter, or replace any use of land or structure, except in compliance with the requirements of Section
17.04.020 (Requirements for Development and New Land Uses), and Chapter
17.70 (Nonconforming Uses, Structures, and Parcels).
B. Issuance of Construction Permits. Building, grading, or other construction permits may be issued by the department only when the proposed land use and/or structure satisfy the requirements of subsection
A above, and the director determines that the site was subdivided in compliance with Municipal Code Title
16 (Subdivisions).
C. Subdivision
of Land. Any subdivision of land proposed within the city of Rancho
Mirage after the effective date of the ordinance codified in this
title shall be consistent with the minimum parcel size requirements
of Division II (Zoning Districts), the subdivision requirements of
Municipal Code Title 16 (Subdivisions), and all other applicable requirements
of this title.
D. Continuation of an Existing Land Use. An existing land use is lawful and not in violation only when operated and maintained in compliance with all applicable provisions of this title. The requirements of this title are not retroactive in their effect on a land use that was lawfully established before the effective date of the ordinance codified in this title or any applicable amendment. A use that was legally established but does not fully comply with all of the requirements of this title may be maintained in compliance with Chapter
17.70 (Nonconforming Uses, Structures, and Parcels).
E. Effect
of Zoning Ordinance Changes on Projects in Progress. The requirements
imposed through this title or amendments to those requirements are
applicable to subsequent or pending applications, unless rights to
develop in a manner inconsistent with those requirements have vested
in compliance with state law.
F. Other
Requirements May Still Apply. Nothing in this title eliminates the
need for obtaining any other approvals required by the city, or approvals
required by other provisions of the Municipal Code or the regulations
of a city department, or county, regional, state, or federal agency.
G. Conflicting
Approvals and Licenses to Be Void. From and after the effective date
of the ordinance codified in this title, any approvals issued in conflict
with the provisions of this title shall be void.
(Ord. 777 § 1 (Exh. A,
2002))
This title shall be administered by the Rancho Mirage city council, planning commission, community development director, and the community development department, in compliance with Chapter
17.66 (Administrative Responsibility).
(Ord. 777 § 1 (Exh. A,
2002))
If any title, article, chapter, section, subsection, paragraph,
subparagraph, sentence, clause, phrase, or portion of this title is
held to be invalid, unconstitutional or unenforceable by a court of
competent jurisdiction, these decisions shall not affect the validity
of the remaining portions of this title. The Rancho Mirage city council
hereby declares that this title and each title, article, chapter,
section, subsection, paragraph, subparagraph, sentence, clause, phrase,
or portion would have been adopted irrespective of the fact that one
or more portions of this title may be declared invalid, unconstitutional,
or unenforceable.
(Ord. 777 § (Exh. A, 2002))