Chapter 18.01
GENERAL PROVISIONS
Sections:
18.01.050 Consistency with general plan.
18.01.090 Conflicts and clarifications.
18.01.010 Title.
This title is known as the zoning code of the city of Cloverdale. (Ord. 698-2015 § 3 (Att. 1) (part), 2015)
18.01.020 Purpose and intent.
The city council of the city of Cloverdale has established these standards, guidelines, and procedures to protect and promote the public health, safety, convenience, and welfare of present and future citizens of Cloverdale, specifically to:
A. Implement the goals, objectives, policies and programs of the Cloverdale general plan, and manage future growth and development in accordance with that plan;
B. Protect the character of Cloverdale by providing standards for physical changes within the city;
C. Attain the aesthetic, physical, social and economic advantages resulting from comprehensive and orderly land use and resource planning; and
D. Promote stability and reduce conflict between and among the residential, commercial and industrial communities within the city while maintaining a flexible framework for land use decisions. (Ord. 698-2015 § 3 (Att. 1) (part), 2015)
18.01.030 Authority.
Authority for the regulations contained in this title is based on Section 7, Article XI of the California Constitution, the provisions of the California Planning and Zoning Law (Division 1 of Title 7 of the California Government Code), which provide for the regulation of the intensity of land use and the adoption of standards for the regulation of population density, and the police power granted to municipalities by the laws of the state of California. These authorities confer to the city the authority through this title to determine the form and function of physical development and use of land in the city. (Ord. 698-2015 § 3 (Att. 1) (part), 2015)
18.01.040 Applicability.
All properties within the boundaries of the city of Cloverdale shall be subject to the provisions of this title.
A. Private Projects.
1. No land, building, or structure shall be developed, used, constructed, altered, or maintained except in conformance with the provisions of this title.
2. No use that requires a permit, license or approval under the provisions of this title shall be made, continued, established or operated until the permit, license or approval is finally granted, and all conditions of the permit, license or approval have been complied with, performed, and completed.
3. No use that requires a permit, license or approval under the provisions of this title shall be established or operated in violation of, or contrary to, any terms or conditions of the granted permit, license or approval.
B. Public Projects. Unless otherwise exempted, federal, state, county, and city governmental projects shall be subject to the provisions of this title, including projects operated by any combination of these agencies, or by a private person for the benefit of any such governmental agency. (Ord. 698-2015 § 3 (Att. 1) (part), 2015)
18.01.050 Consistency with general plan.
An application for any permit, license or approval submitted for processing pursuant to this title must be consistent with the general plan and this title, or to the extent inconsistent with the general plan and/or this title, must include an application to amend the general plan and/or this title. In a case of a conflict in regulation between this title and the general plan, the general plan shall prevail.
All development and land uses within the city shall be consistent with the Cloverdale general plan, all applicable specific plans, this title and all other applicable laws, titles, ordinances, codes, policies, and regulations. (Ord. 698-2015 § 3 (Att. 1) (part), 2015)
18.01.060 Zoning districts.
A. Establishment of Zoning Districts. Cloverdale shall be divided into land use zoning districts which are consistent with and implement the general plan.
B. Adoption of Zoning Map. The boundaries of the zoning districts established pursuant to this section are delineated upon that certain map entitled the “City of Cloverdale Zoning Map” sometimes referred to as the “zoning map.” The zoning map, together with all legends, notations, references, boundaries, and other information thereon, is hereby incorporated into this title by reference.
A copy of the current zoning map shall be kept on file with the city clerk and planning director and shall be made available to the public. Changes in the boundaries of any zoning district shall be made by ordinance pursuant to Section 18.03.080, and shall be reflected on the zoning map. The city clerk shall be responsible for keeping official records relative to zoning map amendments.
C. Determination of Zoning District Boundaries.
1. Wherever a lot is divided by the boundary between zoning districts, the regulations applicable within each zoning district shall apply to the portion of the site situated in that zoning district.
2. The following rules shall apply for determining the boundaries of any zoning district on the zoning map:
a. Where boundaries are indicated as approximately following street and alley lines or other identifiable property or boundary lines, such lines shall be construed to be the zoning district boundary. Where boundaries are indicated as within a street or alley, the centerlines thereof shall be construed to be the zoning district boundary.
b. In property, where a zoning district boundary divides a lot, the location of the zoning district boundary, unless the same shall be indicated by dimensions, shall be generally determined by the planning director by use of the scale appearing on the zoning map.
c. A symbol or symbols indicating the classification of property on the zoning map shall in each instance apply to the whole of the areas within the zoning district boundaries. (Ord. 698-2015 § 3 (Att. 1) (part), 2015)
18.01.070 Severability.
If any provision of this title or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this title, and to this end, the provisions of this title are intended to be severable. When a provision of this title refers to another section of this title, a change in the referenced section number by subsequent amendment of this title shall not affect the applicability of the section contents, unless the referenced section contents are also amended or deleted. (Ord. 698-2015 § 3 (Att. 1) (part), 2015)
18.01.080 Indemnification.
In submitting an application for a permit, license or discretionary approval pursuant to this title, the applicant and property owner agree, as part of the application, to defend, indemnify and hold harmless the city of Cloverdale, the Cloverdale community development agency, and their respective agents, officers, employees (indemnitees) from any claim, action or proceeding of any kind, the purpose of which is to attack, set aside, void, or annul an approval of an application and/or adoption of an environmental document or determination concerning it. To the maximum extent permitted by applicable law, this agreement to indemnify, defend and hold harmless shall include, but not be limited to, damages, costs, expenses, attorney fees or expert witness fees that may be asserted or incurred by any person or entity, including the applicant, third parties and/or the indemnitees, arising out of or in connection with the approval of the application, whether or not there is concurrent, passive or active negligence on the part of the indemnitees. Counsel proposed by applicant and/or property owner to defend the indemnitees shall be subject to city and/or community development agency approval, which approval will not be unreasonably withheld.
Nothing in this section shall prohibit the city from participating in the defense of any claim, action or proceeding at its own expense. The city shall have the right to determine the existence of any conflict of interest which in its sole discretion affects the rights of the city and/or community development agency and/or the ability of the applicant and/or property owner and/or their legal counsel to adequately represent the city and/or community development agency in the defense of any claim, action or proceeding. In the event the city and/or the community development agency, in their sole discretion, determines that a conflict of interest exists, subject to applicable law, the city shall have the right to defend the claim, action or proceeding with counsel of its choice at the expense of applicant and/or the property owner.
In the event that an action, claim or proceeding described above is initiated, the city shall promptly notify the applicant and property owner of the existence of the action, claim or proceeding and shall cooperate in the defense. (Ord. 698-2015 § 3 (Att. 1) (part), 2015)
18.01.090 Conflicts and clarifications.
A. Relation to Private Agreements. The provisions of this title shall not interfere with or void any recorded easement, legally established covenant or other existing agreement which is more restrictive than the provisions of this title. Where this title imposes greater restriction than imposed by an easement, covenant or agreement, this title shall control.
B. Conflict with Other Regulations. Nothing in this title or requirements or conditions imposed pursuant to this title shall supersede any other regulations or requirements adopted by the city, the state of California or any federal agency that has jurisdiction by law over uses and development authorized by this title. Where conflict occurs between the provisions of this title and any other city ordinance, code, chapter, resolution, guideline or regulation, the more restrictive provision shall govern, unless otherwise specified.
C. Interpretation. The planning director has the authority to interpret any provision of this title and/or any definition not expressly provided in this title and to issue an interpretation. The planning director may also refer any issue of interpretation to the planning commission for its determination. In the event of disagreement with an interpretation of the planning director, upon written request, the interpretation shall be referred to the planning commission for review. Written requests received by the planning director shall be placed on the next available planning commission agenda. A fee to recover the cost of an interpretation by the planning commission sought by an applicant may be set by the city council.
D. Time Limits. All references to days are to calendar days, unless otherwise indicated. When a deadline falls on a weekend, holiday or a day when city offices are closed, the deadline shall be extended to the next working day. The end of a time period shall be the close of business on the last day of the period.
E. State Law Requirements. Any references in this title to specific provisions of state law shall be construed to mean the applicable state law provisions as they may be from time to time amended.
F. Section and Chapter Headings. Section and chapter headings shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning and intent of any section or chapter. In case of subsequent amendment to a section or chapter number or heading, references in this title to other sections or chapters of this code by number or chapter heading shall be construed in a manner which gives meaning to the intent of the reference.
G. Language. See Section 18.14.020. (Ord. 698-2015 § 3 (Att. 1) (part), 2015)