The purpose of this title is to consolidate and coordinate all
existing zoning regulations and provisions into one comprehensive
zoning plan in order to designate, regulate, and restrict the location
and use of buildings, structures, and land for residence, commerce,
trade, industry, or other purposes; to regulate and limit the height,
number of stories, and size of buildings and other structures hereafter
erected or altered; to regulate and determine the size of yards and
other open spaces; and to regulate and limit the density of population
and, for said purposes, to divide the city into zones of such number,
shape, and area as may be deemed best suited to carry out these regulations
and to provide for their enforcement. Further, such regulations are
deemed necessary to encourage the most appropriate use of land; to
conserve and stabilize the value of property; to provide adequate
open spaces for light and air and to prevent and fight fires; to prevent
undue concentration of population; to lessen congestion on streets;
to facilitate adequate provisions for community utilities and facilities,
such as transportation, water, sewerage, schools, parks, and other
public requirements; and to protect and promote the health, safety,
and general welfare, all in accordance with the comprehensive general
plan.
(Ord. 777-95 § 2)
A.
Minimum
Ordinance Requirements. In interpreting and applying the provisions
of this title they shall be held to be the minimum requirements for
the promotion of the public health, safety, comfort, convenience and
general welfare.
B.
Conflicts.
Where this title imposes a greater restriction upon the use of buildings
or land or requires larger open spaces than are imposed or required
by this code or other ordinances, rules, regulations or by easements,
covenants or agreements, the provisions of this title shall control.
C.
Applicability
and Effect of Prior Permits. The provisions of this title shall apply
to the erection or alteration of any building or structure or to the
use of any applicable parcel of land on the effective date of the
ordinance codified in this title. Any zoning or building application
duly received and accepted for which a filing or other fee has been
paid prior to the effective date of the ordinance codified in this
title shall be subject to the provisions of this code in effect on
the date of such submission and acceptance.
No official or employee of the city authorized to issue permits
or licenses shall issue such permits or licenses not in conformity
with the provisions of this title where such conformity is required
by law. Any permit or license issued in conflict with the provisions
of this title shall be null and void.
Whenever any building or sign permit, special use permit, variance
or special zoning approval has been issued prior to the effective
date of the zoning regulations or any amendment thereto and the uses
or improvements for which the permit was issued would not conform
to the regulations or amendments, the uses or improvements may, nevertheless,
be utilized or developed to the extent authorized by the issued permit,
provided the permit has not expired under the terms of its issuance.
The uses and improvements shall be deemed legally nonconforming and
shall be subject to the provisions of this title governing nonconformity.
D.
Building
Site Required. No building or structure shall be erected or moved
onto any parcel of land in the city except on a lot of record as shown
on the section of maps of the city, a lot certified as created in
compliance with the Subdivision Map Act and local subdivision regulations,
or a lot created as a result of public taking. No building or structure
shall be altered or enlarged to increase the gross floor area by more
than fifty percent within any one-year period except on a legal building
site.
E.
Redevelopment
Areas. When properties are within the boundaries of an approved redevelopment
project area, the use regulations and development standards of the
approved redevelopment plan shall supersede the zoning ordinance.
When no applicable use regulations or development standards are a
part of the redevelopment plan, the zoning ordinance shall apply.
F.
Omission
or Ambiguity. If any use is for any reason omitted from the lists
of those specified as permissible in each of the various zones herein
designated, or if ambiguity arises concerning the appropriate classification
of a particular use within the meaning and intent of this title, or
if ambiguity exists with reference to matters of height, yard requirements
or area requirements as set forth herein and as they may pertain to
unforseen circumstances, it shall be the duty of the planning commission
to ascertain all pertinent facts concerning said use and by resolution
of record set forth its findings and the reasons therefor. Such findings
and resolution shall be referred to the council and, if approved by
the council, thereafter such interpretation shall govern.
G.
Ordinance
Amendments Included. Whenever reference is made to any portion of
this title or of any other law or ordinance, the reference applies
to all amendments and additions now or hereafter made.
H.
Misinformation.
Information erroneously presented by any official or employee of the
city does not negate or diminish the provisions of this title pertaining
thereto.
I.
Number
of Days. Whenever a number of days is specified in this title, or
in any permit, condition of approval or notice issued or given as
set forth in this title, such number of days shall be deemed to be
consecutive calendar days, unless otherwise specified.
J.
Density.
All references to density in this title are based on gross site area
after deductions for all necessary dedications, unless otherwise specified.
(Ord. 777-95 § 2)
All departments, officials or public employees vested with the
duty or authority to issue permits or licenses where required by law,
shall conform to the provisions of this title. No such license or
permit for uses, buildings or purposes where the same would be in
conflict with the provisions of this title shall be issued. Any such
license or permit, if issued in conflict with the provisions hereof,
shall be null and void.
(Ord. 777-95 § 2)
A.
Continuation
of Existing Law. The provisions of this title insofar as they are
substantially the same as the provisions of any ordinance or portions
of any ordinance repealed shall be construed as restatements and continuations
thereof, and not as new enactments.
B.
Pending
Proceedings Not Affected. No hearing or other proceeding initiated
or commenced before a repeal takes effect, and no right accrued, is
affected either by such repeal or by the provisions of this title,
but all procedure thereafter taken shall conform to the provisions
of this title so far as possible. Where the commission prior to the
effective date of a repeal has recommended the granting, denial, revocation
or modification of any permit, exception, license or other approval,
to the city council, the council may act upon such recommendation
either before or after the effective date of the repeal. In all other
cases, the commission shall, grant, deny, revoke or modify as now
provided in this title even if the action was initiated prior to the
effective date of the repeal.
C.
Pending
Proceedings. If, prior to the effective date of the ordinance codified
in this title, an application for an exception has been heard by city
council or commission, but has not been decided on the effective date
of the repeal, the city council or commission may consider the case
as either an application for an exception or for a special use permit,
and shall decide or recommend pursuant to the provisions of this title
as they now exist.
D.
Rights
Under Existing Approval Not Affected. No rights given by any permit,
license or other approval under any ordinance repealed are affected
by such repeal, but such rights shall hereafter be exercised according
to the provisions of this title.
E.
Conviction
of a Crime. Any conviction for a crime under any ordinance which is
repealed, which crime is continued as a public offense by this title
constitutes a conviction under this title for any purpose for which
it constituted a conviction under such repealed ordinance.
(Ord. 777-95 § 2)
A.
Whenever
by ordinance an administrative power is granted to, or an administrative
duty imposed upon the planning commission, the commission may instruct
the director to exercise such administrative power or perform such
administrative duty. The director shall exercise all such powers,
and perform all such duties as the director is instructed to do by
the planning commission.
B.
Whenever
a power is granted to, a duty imposed upon, a public officer by this
title, the power may be exercised or the duty may be performed by
the planning commission, a deputy of the officer, or a person authorized
by the officer, pursuant to law or ordinance, unless this title expressly
provides otherwise.
(Ord. 777-95 § 2)
The preparation, adoption and amendment of the general plan
shall be in the manner as provided in Section 65350 et seq. of the
California Government Code.
(Ord. 777-95 § 2)
If any provision of this title, or the application thereof to
any person or circumstance is held invalid, the remainder of the title,
and the application of such provision to other persons or circumstances,
shall not be affected thereby.
(Ord. 777-95 § 2)
