Title 17 of the Upland Municipal Code shall be known and officially cited as the "Zoning Ordinance of Upland, California" and referred to in this title as "the Zoning Ordinance."
A.
General. The Zoning Ordinance is adopted to implement the Upland General Plan and to protect and promote the health, safety, and welfare of Upland residents.
B.
Specific. The Zoning Ordinance is intended to:
1.
Divide the City into zones and adopt a map of such land use zones.
2.
Govern the use of land for residential and nonresidential purposes.
3.
Foster a balanced community with complementary land uses that provide sufficient housing, employment, shopping, civic, cultural, open spaces, and recreational opportunities for Upland's residents.
4.
Promote an environmentally sustainable pattern of development through the implementation of smart growth practices and the reduction of greenhouse gas emissions.
5.
Preserve the quality of life and character of existing residential neighborhoods.
6.
Provide high-quality housing in a range of types, densities, and unit sizes that meets the housing needs of residents of all income levels.
7.
Protect Upland's designated historic residential districts and structures.
8.
Ensure that development is attractive, constructed with quality and durable materials, promotes harmony in the visual relationships, and transitions between newer and older buildings.
9.
Promote economic growth and the creation of jobs for Upland residents.
10.
Promote and support an efficient multi-modal transportation system that facilitates walking, biking, and the use of public transportation in lieu of car travel.
11.
Protect Upland's natural resources, including open space areas, the urban forest and habitat for special-status species as limited and valuable resources and integral parts of a sustainable environment.
12.
Protect the public from hazards associated with natural and man-made disasters, including airport-related hazards.
13.
Allow for public services, facilities and infrastructure to adequately serve the City's population.
14.
Establish authorization for commissions and committees and define the powers and duties of the commissions and committees.
15.
Allow for public participation in government decision making regarding land use and development in a manner consistent with state law.
The Zoning Ordinance implements the goals and policies of the Upland General Plan by regulating the uses of land and structures within the City in accordance with the General Plan. The Zoning Ordinance and the General Plan shall be consistent with one another. If there are inconsistencies between the Zoning Ordinance and the General Plan, the General Plan governs.
The Zoning Ordinance is used in conjunction with the Cable Airport Land Use Compatibility Plan to regulate uses and structures in the airport influence area of Cable Airport.
The Zoning Ordinance is used in conjunction with the Ontario International Airport Land Use Compatibility Plan to regulate uses and structures in the airport influence area of Ontario International Airport.
The Zoning Ordinance shall be administered by the Upland City Council, Planning Commission, and Development Services Director as established in Chapter 17.43 (Permit Application Filing and Processing).
A.
Applicability. The Zoning Ordinance applies to all land, uses, and structures within the incorporated area under City of Upland jurisdiction.
B.
Compliance with Regulations. No land shall be used and no structures constructed or occupied except in accordance with the provisions of the Zoning Ordinance.
C.
Conflicting Regulations. Where conflict occurs with other City regulations or with State or federal laws, higher law shall control lower law unless local variation is permitted. Where conflicting laws are of equal stature, the more restrictive provision shall control unless otherwise specified in the Zoning Ordinance or in State or federal law.
D.
Private Agreements. The Zoning Ordinance is not intended to interfere with, repeal, abrogate, or annul any easement; covenant; deed restriction; Covenants, Conditions, and Restrictions (CC&Rs); or other agreement between private parties. Where conflict occurs between the Zoning Ordinance and a private agreement, the City shall follow the Zoning Ordinance. The City of Upland shall not be responsible for monitoring or enforcing private agreements.
A.
Violations. It shall be unlawful for any owner, person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this code.
B.
Penalties for Violations. Any person, firm or corporation whether as principal, agent, employee or otherwise, violating any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished in compliance with the provisions of Municipal Code Chapter 1.1.6 (Penalty Provisions).