Division 3. Relationship of Zoning Regulations to Other Laws and Regulations

9183.1 Continuity of Zoning Regulations.

The provisions of this Chapter, insofar as they are substantially the same as previous provisions of the Carson Municipal Code or any other ordinance repealed, amended or superseded upon the enactment of the provisions of this Chapter, shall be construed as restatements and continuations of said previous provisions, and not as new enactments.

9183.2 Pending Proceedings.

Proceedings initiated under provisions repealed, amended or modified by the provisions of this Chapter, and any vested right, shall not be affected by the enactment of the provisions of this Chapter, except that subsequent proceedings shall conform to the provisions of this Chapter insofar as possible.

9183.3 Rights Under Previous Approvals.

An Exception, Variance, Special Use Permit or other approval previously granted by the City and which would be eligible for consideration as a Variance, Conditional Use Permit or other approval under this Chapter shall be deemed to be approved under this Chapter, subject to the terms of such approval, with respect to existing uses and facilities. Any change in use or major expansion of facilities shall be subject to the provisions of this Chapter.

An Exception, Special Use Permit or other approval granted prior to the incorporation of the City and which would be eligible for consideration as a Variance, Conditional Use Permit or other approval under this Chapter shall be deemed to be approved under this Chapter, subject to the terms of such approval, upon the receipt by the Director of a written request therefor from the property owner or his authorized representative, with respect to existing uses and facilities. Any change in use or major expansion of facilities shall be subject to the provisions of this Chapter.

All other Exceptions, Special Use Permits and other approvals or conditions thereof, not in conformance with the provisions of this Chapter, shall be deemed to be nonconforming and subject to the provisions of Division 2 of this Part.

Notwithstanding any other provisions of this Section, if an Exception, Special Use Permit or other approval deemed to be approved pursuant to this Section, or any condition thereof, has resulted in a nonconformity, such nonconformity shall be subject to the provisions of Division 2 of this Part (CMC 9182.01 through 9182.42). (Ord. 86-735U, § 1; Ord. 86-741U, § 1; Ord. 86-752, § 1)

9183.4 Previous Violation or Conviction.

Any violation of and/or conviction under any provision repealed, amended or modified by the provisions of this Chapter shall be considered as a violation of and/or conviction under this Chapter.

9183.5 Severability.

If any provision of this Chapter, and the application thereof, to any person or circumstance is held invalid, the remainder of this Chapter, and the application of such provision to other persons or circumstances, shall not be affected thereby.

9183.6 Conflicting Regulations.

Whenever any provision of this Chapter covers the same subject matter, overlaps, conflicts with or is contradictory to any other law or regulation, that provision, law or regulation which is more restrictive or imposes the higher standard shall control, except as otherwise expressly provided.

9183.7 Private Agreements.

The provisions of this Chapter are not intended to abrogate, annul or impair any easement, covenant or other agreement between parties, except, where this Chapter imposes a greater restriction or higher standard than that required by private agreement, this Chapter shall control.

9183.8 Reserved.

9183.9 Nuisances.

Neither the provisions of this Chapter nor any approval pursuant thereto authorizes the establishment or maintenance of any use or circumstance which constitutes a public or private nuisance.