Chapter 14.10
PURPOSE, INTERPRETATION AND ENFORCEMENT
Sections:
14.10.030 Functions and authority of city planner.
14.10.060 Relationship to other regulations and to private restrictions.
14.10.080 Compliance with other ordinances and laws.
14.10.090 Nuisance prohibited.
14.10.100 Compliance required.
14.10.120 Violation as nuisance.
14.10.130 Remedies cumulative.
14.10.010 Purpose.
The purpose of this title is to promote and protect the public health, safety, and general welfare of the people of the city by adopting a zoning plan and regulations providing generally for:
(1) The classification of areas of the city, including further annexations thereto, into several zones;
(2) The protection of the established character of the various zoned areas within the city and to ensure orderly development by regulating the use of land and improvements thereon and the location, size, and character of structures or improvements to be erected or placed thereon, including alterations or additions to existing structures or improvements;
(3) The implementation of the policies and standards in the Biggs general plan to achieve the arrangement of uses described in that plan and foster convenient, harmonious and workable relationships among these land uses; and
(4) The promotion of economic stability of existing land uses consistent with the economic development policies of the general plan. [Ord. 409 § 3, 2017; Ord. 320 § 1, 1999. Formerly 14.05.010]
14.10.020 Authority.
The city council is authorized by the Planning and Zoning Laws of the California State Government Code, Title 7, Planning and Land Use, Division 1, Planning and Zoning, Chapter 4, Zoning Regulations, to regulate the following:
(1) Use of land and buildings;
(2) Height, bulk and size of buildings and structures;
(3) Construction and use of signs and billboards;
(4) Intensity of land use;
(5) Establishment and maintenance of building setback lines.
The provisions of the State Government Codes relating to zoning codes provide only a minimum of limitation in order that counties and cities may exercise the maximum degree of control over local zoning matters. [Ord. 409 § 3, 2017; Ord. 320 § 1, 1999. Formerly 14.05.020]
14.10.030 Functions and authority of city planner.
Provisions of this title shall be applied by the duly elected city council, the appointed city planning commission and staff members assigned the roles and responsibilities described herein. Specific procedures for applying the provisions of this title to applications for land use and land development are provided within the applicable sections of this title.
(1) City Planner Authority. Authority is hereby granted to the position of city planner to apply the provisions of this title and to exercise discretionary authority as described within this title. Reference within this title to the city planner refers to the permanent or temporary senior staff member employed by the city to provide city planning and land use and land development services.
(a) Procedure for Exercise of Discretionary Authority. Prior to exercising discretionary authority granted within this title, the city planner shall confer with the chair of the planning commission regarding the specific land use or development application. The chair of the planning commission may direct the city planner to bring any discretionary action before the planning commission for review and action.
(b) Report of Actions to Planning Commission. Following exercise of discretionary authority, the city planner shall inform the planning commission in writing at its next regular meeting on the nature of the land use or land development request, any action(s) that were taken on the request and the justification for determining that the action was within the authority of the city planner.
(c) City Administrator as City Planner. In the event that no individual is serving directly in the capacity of city planner, the duties and discretionary authorities assigned within this title to the city planner shall be conveyed to the city administrator. Acting in such capacity, the city administrator shall comply with all procedures as described herein for the city planner. [Ord. 409 § 3, 2017; Ord. 320 § 1, 1999. Formerly 14.05.030]
14.10.040 Applicability.
(1) Continuation of an Existing Land Use or Structure. It is unlawful and a violation of the Biggs Municipal Code for anyone to maintain the use of a parcel that violates any provision of this title; provided, however, a land use of a parcel that was lawfully established before this title was enacted or before enactment of any applicable amendment to this title may continue. No expansion or modification to said preexisting nonconforming uses or structures shall be permitted, except as allowed by Chapter 14.80 BMC (Nonconforming Buildings, Structures and Uses).
(2) Effect of Ordinance Changes on Applications in Progress. The enactment of this title, or amendment hereto, may have the effect of imposing a different standard on development or a new land use, from that which previously applied to the parcel.
Following the effective date of this title, or any amendment of this title, the following provisions shall apply:
(a) Pending Applications. Applications which have been determined by the city planner to be complete pursuant to Government Code Section 65943 shall comply with the provisions of this title as effective on the date acceptance of the application as complete.
(b) Approved Applications. Applications approved prior to the effective date of this title, or any amendment hereto, may be constructed or used in accordance with the conditions of approval thereof.
(c) Time Extensions. Approval of a time extension may be conditioned to comply with the provisions of this title which are in effect when the application for the time extension is accepted as complete.
(3) Other Requirements May Apply. Nothing in this title shall eliminate requirements to obtain any other permit, license, approval or entitlement required by other provisions of this code, or by the regulations of any city department, or by any county, state or federal agency.
(4) Effective Date. This title shall be effective April 19, 1999, and as of that date shall supersede the following city ordinances:
Ordinance #126 Zoning Enabling
Ordinance #148 Trailer Coaches and Campsites
Ordinance #169 Trailers
Ordinance #181 Revisions to Ordinance #126
Ordinance #185 Residential Trailer Zoning District
Ordinance #246 Adult Entertainment
Ordinance #262 Setbacks
Ordinance #265 Minimum Lot Size
Ordinance #278 Clear View Area
Ordinance #298 Use Permits Fees
Ordinance #302 Modifications to C-1 District
Ordinance #306 Residential Development Standards
Ordinance #309 Manufactured Housing Standards
Ordinance #310 Residential Development Standards
[Ord. 409 § 3, 2017; Ord. 320 § 1, 1999. Formerly 14.05.040]
14.10.050 Interpretations.
This section specifies the authority and procedures to ensure the consistent interpretation and application of the requirements of this title.
(1) Minimum Requirements. The provisions of this title shall be deemed to be the minimum standards required for the protection of public health, safety, and welfare.
(2) Conflicting Requirements. Where the provisions of this title impose a more stringent development requirement or a greater restriction upon the use of buildings or land than are imposed or required by other laws, rules, and regulations, or by easements, covenants, or agreements, the provisions of this title shall govern.
(3) Conflicts Between Provisions. In the event of any conflict between Chapter 14.110 BMC (Development Standards – General) and any subsequent sections pertaining to specific zoning districts, the provisions of Chapter 14.110 BMC shall govern.
(4) Single Lot in Multiple Zoning Districts. In the event two or more lots are merged through the approval of a lot line adjustment, parcel or tentative map in compliance with BMC Title 13 (Subdivisions), such that a single lot is covered by two or more zoning districts, the uses of that parcel shall be consistent with the zoning district as shown for the portion of the lot on which the use is proposed to be placed.
(5) Uncertainties in Zoning District Boundaries. Where the boundaries of any zoning district shown on the zoning maps is uncertain, the city planner shall apply the following rules to resolve the uncertainty:
(a) Where a zoning district boundary approximately follows a lot, alley or street, such lot line, or centerline of street or alley, shall be construed to be the boundary.
(b) If a zoning district divides a lot, and the boundary line location is not otherwise designated, the location of the boundary shall be determined by the use of the scale appearing on the zoning map.
(c) Where a public street or alley is officially vacated by the city, the property within the vacated portion of the street or alley shall be the zoning of the adjacent property. Where the street or alley was the boundary between two or more districts, the new boundary shall be determined at the time of abandonment.
(6) Consistency of Permitted or Conditionally Permitted Uses. In the event that a property owner or applicant seeks approval of a use of property not expressly authorized as a permitted or conditionally permitted use in any district by the regulation of the applicable zoning district or districts, the following criteria shall be applied to determine whether the proposed use is consistent with the applicable zoning district or districts:
(a) The use resembles or is of the same basic nature as a use or uses expressly authorized in the applicable zoning district or districts in terms of the following:
(i) The activities involved in or equipment or material employed in the use.
(ii) The effects of the use on the surrounding area, such as traffic impacts, noise, dust, odors, vibration and appearance.
(b) The use is consistent with the stated purpose of the applicable zoning district or districts. [Ord. 409 § 3, 2017; Ord. 330 § 1, 2001; Ord. 320 § 1, 1999. Formerly 14.05.050]
14.10.060 Relationship to other regulations and to private restrictions.
(1) Where a conflict occurs between the provisions of this title and any other applicable statute, ordinance, rule, or regulation of the city, the more restrictive shall apply.
(2) This title is not intended to interfere with, abrogate, or annul any easement, covenant or other agreement now in effect; provided, however, that where this title imposes greater restrictions than are imposed or required by any easement, covenant or agreement, the provisions of this title shall apply. [Ord. 409 § 3, 2017; Ord. 320 § 1, 1999. Formerly 14.05.060]
14.10.070 Severability.
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 this title and the application of such provisions to other persons or circumstances shall not be affected thereby. [Ord. 409 § 3, 2017; Ord. 320 § 1, 1999. Formerly 14.05.070]
14.10.080 Compliance with other ordinances and laws.
(1) 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, rule or regulation.
(2) Any permit or other entitlement deemed in violation of any provisions of this title shall be void. [Ord. 409 § 3, 2017; Ord. 320 § 1, 1999. Formerly 14.05.080]
14.10.090 Nuisance prohibited.
Nothing in this title shall be construed to authorize the use of any real property for the creation or the maintenance of a nuisance. [Ord. 409 § 3, 2017; Ord. 320 § 1, 1999. Formerly 14.05.090]
14.10.100 Compliance required.
No building or structure shall be erected, constructed or reconstructed, moved, altered, converted, enlarged, or located, nor shall any building or land be used for any purpose other than as permitted by and in conformance with this title, and all other applicable statutes, ordinances, rules and regulations, maps, plans and other requirements and documents referred to herein. [Ord. 409 § 3, 2017; Ord. 320 § 1, 1999. Formerly 14.05.100]
14.10.110 Enforcement.
All public employees, officials or departments of the city are authorized to enforce the provisions of this title. [Ord. 409 § 3, 2017; Ord. 320 § 1, 1999. Formerly 14.05.110]
14.10.120 Violation as nuisance.
Any building or structure erected, constructed or reconstructed, altered, enlarged, converted, moved, located or maintained contrary to the provisions of this title and any use of any land, building or premises established, conducted, operated or maintained contrary to the provisions of this title is hereby declared to be unlawful and a public nuisance. The city attorney may, as authorized, commence an action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law. The city attorney may also take other steps to restrain and enjoin any person from setting up, erecting, building, maintaining or using any such building contrary to the provisions of this title. [Ord. 409 § 3, 2017; Ord. 320 § 1, 1999. Formerly 14.05.120]
14.10.130 Remedies cumulative.
The remedies provided for herein shall be cumulative and not exclusive. [Ord. 409 § 3, 2017; Ord. 320 § 1, 1999. Formerly 14.05.130]