Division 1. General Provisions
Chapter 9.01
ZONING ORDINANCE AUTHORITY AND APPLICABILITY
Sections:
9.01.030 Authority of title and general plan consistency.
9.01.040 Replacement of previous ordinances.
9.01.060 Minimum requirements of this title.
9.01.070 Replacement of other ordinances.
9.01.080 Compliance with other ordinances and laws.
9.01.090 Reference to any portion of this title.
9.01.100 Severability of any portion of this title.
9.01.110 Continuation of previously granted variances.
9.01.120 Continuation of previously granted permits.
9.01.130 Procedure regarding pending proceedings.
9.01.140 License approval continued.
9.01.150 Violations of previous ordinance.
9.01.160 Conviction of crime continued.
9.01.170 Administration and enforcement.
9.01.180 Regulation of power or duty by the commission.
9.01.190 Assumption of power or duty of public officer.
9.01.010 Title.
This title shall be known as the “Bell Gardens zoning ordinance.” (Ord. 806 § 1, 2007).
9.01.020 Purpose.
This title generally exists to provide for the creation of zones in the incorporated area of the city and to prescribe area requirements, classes of uses, and standards of development for buildings, structures, improvements, and premises in the various zones of the city. Specifically, the purpose of this title is to encourage, classify, designate, regulate, restrict, and segregate the highest and best location and use of buildings, structures, and land to serve the needs of agriculture, residences, commerce, industry, and other purposes in appropriate places; to regulate and limit the height, number of stories and size of buildings and to administer property development standards, including but not limited to structure height, bulk, design, yard setbacks, lot coverage, density, parking, signage, landscaping, etc.; and to promote the public health, safety, welfare and general prosperity with the aim of preserving a wholesome, serviceable and attractive community. (Ord. 806 § 1, 2007).
9.01.030 Authority of title and general plan consistency.
This title is adopted pursuant to Section 11 of Article XI of the Constitution of the state of California and in compliance with the requirements of state planning law, Title 7 of the Government Code. In compliance with state law, this title has been found to be consistent with the city of Bell Gardens general plan. Any land use entitlement or other approval granted by this title must also be consistent with the city’s general plan. (Ord. 806 § 1, 2007).
9.01.040 Replacement of previous ordinances.
The provisions of this title, insofar as they are substantially the same as the provisions of any ordinance or portions of any ordinance repealed by the ordinance codified in this title, shall be construed as restatements and continuations thereof, and not as new enactments. (Ord. 806 § 1, 2007).
9.01.050 Prohibited uses.
A person shall not use any premises in any zone except as hereafter specifically permitted in this title and subject to all the regulations and conditions enumerated in this title. Wherever this title prohibits the use of any premises for any purpose, such premises and any building, structure, or improvement on such premises shall not be used, occupied, altered, or improved for such purpose, and no building, structure, or improvement on such premises shall be erected, constructed, established, maintained, allowed to remain, altered, moved onto, or enlarged which is designed, arranged, or intended to be occupied or used for such purpose. (Ord. 840 § 10, 2011; Ord. 806 § 1, 2007).
9.01.060 Minimum requirements of this title.
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, morals and general welfare. (Ord. 806 § 1, 2007).
9.01.070 Replacement of other ordinances.
The provisions of this title shall not be deemed or construed to repeal, amend, modify, alter or change any other ordinance or any part thereof not specifically repealed, amended, modified, altered or changed herein, except in such particulars or matters as this title is more restrictive than such other ordinance, or part thereof; and that in all particulars wherein this title is not more restrictive, each such other ordinance shall remain in full force and effect. (Ord. 806 § 1, 2007).
9.01.080 Compliance with other ordinances and laws.
Nothing in this title shall be construed to authorize the use of any lot or parcel of land in violation of this title or any other applicable statute, ordinance or regulation. (Ord. 806 § 1, 2007).
9.01.090 Reference to any portion of this title.
Whenever reference is made to any portion of this title or any other law or ordinance, the reference applies to all amendments and additions now or hereafter made. (Ord. 806 § 1, 2007).
9.01.100 Severability of any portion of this title.
If any provisions or portion of any provision of this title, or the application thereof to any person or circumstances, 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. 806 § 1, 2007).
9.01.110 Continuation of previously granted variances.
All exceptions (variances) heretofore granted pursuant to the provisions of Ordinance No. 1 adopting by reference the Los Angeles County Zoning Ordinance No. 1494, as amended to August 1, 1961, shall be deemed to exist hereafter as variances pursuant to Chapter 9.50 BGMC, Variances and Conditional Use Permits, and shall be subject to all the conditions and provisions governing such variances upon the effective date of the ordinance codified in this title. (Ord. 806 § 1, 2007).
9.01.120 Continuation of previously granted permits.
All permit uses heretofore lawfully existing under Ordinance No. 1 adopting by reference Los Angeles County Zoning Ordinance No. 1494, as amended to August 1, 1961, shall continue in effect until revoked or terminated and shall be continued under this title subject to all conditions governing such permits. (Ord. 806 § 1, 2007).
9.01.130 Procedure regarding pending proceedings.
When prior to the effective date of the ordinance codified in this title and pursuant to Ordinance No. 1 adopting the Los Angeles County Zoning Ordinance No. 1494 (as amended to August 1, 1961), an action has been taken under any of the following conditions, such action shall be deemed to have been taken pursuant to the provisions of this title and shall be processed, insofar as possible, in accordance with the provisions of this title:
A. An application has been filed;
B. The commission has determined on its own initiative to hold a hearing;
C. A hearing has been held; or
D. A recommendation has been made. (Ord. 806 § 1, 2007).
9.01.140 License approval continued.
The rights given by any permit, license or other approval under any ordinance repealed by this title shall not be affected by such repeal, but such rights shall hereafter be exercised in accordance with the provisions of this title. (Ord. 806 § 1, 2007).
9.01.150 Violations of previous ordinance.
Any use established or conducted, or any building or improvement existing, in violation of Ordinance No. 1 adopting the Los Angeles County Zoning Ordinance No. 1494, as amended to August 1, 1961, upon the effective date of the ordinance codified in this title, shall not be deemed to have acquired the status of a nonconforming use by reason of the adoption of this title, or any provision thereof. To the extent that such use, building or improvement was a violation of Ordinance No. 1 adopting by reference Los Angeles County Zoning Ordinance No. 1494, as amended to August 1, 1961, or any other ordinance, statute or law, or is a violation of this title, it shall be deemed a continuing violation. (Ord. 806 § 1, 2007).
9.01.160 Conviction of crime continued.
Any conviction for a crime under any ordinance which is repealed by this title, 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. 806 § 1, 2007).
9.01.170 Administration and enforcement.
The planning commission is hereby vested with the duty of administering and the power of enforcing this title. (Ord. 806 § 1, 2007).
9.01.180 Regulation of power or duty by the commission.
Whenever by ordinance an administrative power is granted to or an administrative duty imposed upon the commission, the commission may authorize or instruct the staff to exercise such administrative power, or perform such administrative duty. The staff shall exercise all such powers and perform all such duties as instructed by the commission. (Ord. 806 § 1, 2007).
9.01.190 Assumption of power or duty of public officer.
Whenever a power is granted to or a duty imposed upon a public officer by this title, the power may be exercised or the duty may be performed by the commission, a deputy of the public officer, or a person authorized, pursuant to law or ordinance, by said officer, unless this title expressly provides otherwise. (Ord. 806 § 1, 2007).