The geographical boundaries of zoning districts are shown upon the zoning map of the city of Lemon Grove. The map, and all amendments, changes and extensions thereof, and all legends, symbols, notations, references and other matters shown thereon, shall be a part of this title and shall constitute Section
17.12.030.
The following rules shall apply in determining the boundaries
or classification of any district shown on the zoning map:
A. Where
the indicted district boundaries are shown as approximately following
street or alley lines, the center line of such streets or alleys shall
be construed to be the boundary; otherwise such boundaries shall be
determined by use of the scale appearing on the zoning map, unless
specifically indicated by dimensions.
B. If
a district boundary line divides or splits a lot of record, the lot
shall be deemed to be included within the district which is the more
restrictive. These provisions shall not apply to acreage.
C.
1. Where
a street, alley, or right-of-way is officially vacated, the property
formerly in such street, alley or right-of-way shall be included within
the district or zone or adjoining property on either side thereof.
2. In
the event such street, alley, or right-of-way was a boundary between
two or more different districts or zones, the new district or zone
boundary shall be the property line which is created by such vacation.
D. A symbol
indicating the classification of property on the zoning map shall
apply in each instance to the whole of the area within the district
boundaries.
E. Uncertainty
of Boundaries. Where uncertainty still exists, the planning commission
shall, by written resolution, recommend the location of any district
or zone boundary or setback line to the council for action and final
decision.
The boundaries of such districts as shown upon the zoning map, or amendments thereto, are adopted and the specific regulations as hereinafter set forth for each district and the general regulations applicable therein as set forth in Chapter
17.04 are established and declared to be in effect upon all lands included within the boundaries of each and every district as shown upon the zoning map.
Except as provided in this development code:
A. No
building or structure shall be erected and no existing building shall
be moved, altered, added to, or enlarged, nor shall any land, building,
or premises be used, or be designated to be used, for any purpose
or in any manner, nor shall any yard or other open space surrounding
any building be encroached upon or reduced, except as permitted by
and in conformity to the regulations specified in this chapter for
the land use district as set forth in the zoning map, or any amendment
thereto.
B. No
yard or open spaces provided about any building for the purpose of
complying with the provisions of this chapter shall be considered
as providing a yard or open space for any other building or any other
lot.
C. It
is unlawful to divide any parcel of land so as to create a parcel
of land not meeting all of the requirements of this chapter.
D. No
building or structure shall be erected nor shall any use be made of
any land within any setback areas as shown on the zoning map except
landscaping or vehicular or pedestrian thoroughfares, such setbacks
being in addition to front or street side yards otherwise required
herein.
E. No
use shall be made of land in the city, which use is a nuisance to
the area in which such use is made or intended to be made.
A. It
is recognized that in the development of a comprehensive zoning ordinance,
not all uses of land can be listed, nor can all future uses of lands
be anticipated. The listings of uses permitted or permitted subject
to a conditional use permit in each zone, or subject to a conditional
use permit, are illustrative and meant to indicate the types and scales
of development intended for each district. A use may have been omitted
from the list of those specified as permissible in each of the various
districts herein designated, or ambiguity may arise concerning the
appropriate classification of a particular use within the meaning
and intent of this chapter. Where such uncertainty exists, the development
services director shall determine the appropriate classification for
any such use.
B. If the development services director believes that the determination of the appropriateness of a particular use in a zone should be made by the city council, all pertinent facts shall be transmitted to the city council for consideration at its next regular meeting. Any decision of the development services director may be appealed pursuant to Section
17.28.020 of this title.
(Ord. 386 § 3, 2009; Ord. 426 § 2, 2014; Ord. 434 § 2, 2015; Ord. 444 § 3, 2017)
Unincorporated territory adjoining the city may be pre-zoned
for the purpose of determining the zoning that will apply to such
property in the event of subsequent annexation. The method of accomplishing
such pre-zoning shall be as provided for by this title for zoning
within the city. Such zoning shall become effective at the same time
that the annexation becomes effective.
The regulations set forth for any overlay district shall modify
the regulations for the principal district with which it may be combined.
All uses and regulations of the principal district shall apply, except
insofar as they are modified or augmented by the overlay district
regulations.