The purpose of this title is to regulate the use and improvement of land, buildings, and other structures in order to insure that the growth and development of the City of Mill Valley occurs in an orderly and desirable manner; to encourage the most appropriate use of land throughout the City; to control the proliferation of any given land uses; to provide adequate light, air, and reasonable access; to secure safety from fire and other dangers; to prevent overcrowding of land; to avoid undue concentration of population; to facilitate adequate provision for transportation, water, sewage, schools, parks, and other public improvements; to protect the character, integrity and viability of residential, commercial and other areas within the City; to ensure the conservation of energy and to promote and encourage the use of solar energy systems; and in general to promote the public health, safety, peace, quiet, convenience, comfort, and welfare. (For definition of Solar Energy System refer to Section 20.08.164.)
(Ord. 742 § 1; Ord. 999 § 6, November 15, 1982)
The provisions of this title are held to be the minimum requirements to accomplish its purpose. Except where provided, it is not intended by the adoption of this title to repeal or in any way to impair or interfere with any existing provisions of law, ordinance, rules, regulations or permits previously adopted or issued, or which shall be adopted or issued, or which shall be adopted or issued pursuant to law relating to the erection, construction, establishment, moving, alteration or enlargement of any building or improvement; nor is it intended by this title to interfere with, or annul any easement, covenant or other agreement between parties; provided, however, that in cases in which this title imposes a greater restriction than is imposed or required by the provisions of any other law, ordinance, rules, regulations or permits, then in such cases the provisions of this title shall control.
This title is not intended to legalize or give validity to any use of any land or building in the City of Mill Valley existing and maintained in violation of any prior law, rule or regulation or to bar any criminal or civil action for violation of any prior law, rule or regulation and all such civil and criminal actions are declared, saved and preserved.
All other ordinances and parts of ordinances of the City in conflict with this title, to the extent of such conflict and not further, are repealed, provided that nothing contained shall be deemed to repeal or amend any ordinance of the City requiring a permit or license, or both, to cover any business, trade or occupation.
This title shall be known and cited as the "Zoning Ordinance of the City of Mill Valley." Reference to section numbers herein are to the sections of this title.
(Ord. 1182 § 2, April 2, 2002)
No buildings or structures shall be erected, reconstructed, moved or structurally altered in any manner, nor shall any buildings, other structures or land be used or designed for any purpose or in any manner other than as permitted by and in conformance with this title.
(Ord. 1182 § 2, April 2, 2002)
It is unlawful to use or occupy, or permit the use of, or occupancy of, any lot or part thereof, or any structure hereafter erected, altered, or converted wholly or in part, until a certificate of occupancy has been issued. The Building Official shall issue a certificate of occupancy when a project complies with all provisions of this title and all other titles applicable thereto, including all health laws, and all conditions of any permits have been met.
No change of uses shall be made pertaining to any lot, or part thereof, nor in any structure now or hereafter erected, or altered, that is not consistent with the provisions of this title.
(Ord. 1182 § 2, April 2, 2002)
No building permit or certificate of occupancy shall be issued by the Building/Zoning Code Inspector for the use of any lot, or part thereof, nor for the use, erection or alteration of any building or structure, contrary to the provisions of this title. Any building permit or certificate of occupancy issued contrary to the provisions of this title shall be null and void.
(Ord. 1182 § 2, April 2, 2002)
The provisions of this title are not applicable to public utility transmission and distribution lines, pipelines, and towers, poles, and similar installations adjunct thereto, except that utility substations, generating plants, service yards, buildings, and similar uses shall be required to conform to this title.
(Ord. 1182 § 2, April 2, 2002)
No application for a building permit on any property or for any other permit or license for a new use of any property shall be approved by the various City departments while proceedings are pending for the reclassification of such property or for the establishment or change of a building setback line thereon unless the construction and use proposed under that permit or license would conform both to the existing classification of such property or setback line thereon and also to the different classification or setback line under consideration in those proceedings.
(Ord. 1182 § 2, April 2, 2002)
If any section, subsection, sentence, clause or phrase of this title is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this title. The City Council declares that it would have passed this title and each section, subsection, sentence, clause and phrase hereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases may be declared invalid.