Chapter 23.04
TITLE 23 APPLICABILITY
Sections:
23.04.010 Relationship to prior Title 23.
23.04.020 Prior rights and violations.
23.04.030 New land uses or structures.
23.04.040 Continuation of an existing land use or structure.
23.04.060 Effect of Zoning Code changes on pending applications.
23.04.070 Conflicting requirements.
23.04.080 Other requirements/permits.
23.04.100 Severability, partial invalidation of EGMC Title 23.
23.04.110 Conformance with zoning regulations.
23.04.010 Relationship to prior Title 23.
The provisions of this title, as it existed prior to the effective date of Ordinance No. 26-2006, are repealed and superseded as provided in the ordinance enacting this title. No provision of this title shall validate or legalize any land use or structure established, constructed, or maintained in violation of this title as it existed prior to repeal by the ordinance enacting this title. [Ord. 8-2011 §4(B), eff. 6-24-2011]
23.04.020 Prior rights and violations.
The enactment of this title shall not terminate or otherwise affect vested land use development permits, approvals, or agreements authorized under the provisions of any ordinance, nor shall violation of a prior ordinance be excused by the adoption of this title. [Ord. 26-2006 §3, eff. 8-11-2006]
23.04.030 New land uses or structures.
It shall be unlawful, and a violation of this title, for any person to establish, construct, reconstruct, alter, or replace any use of land or structure, except in compliance with the requirements of this title. [Ord. 8-2011 §4(C), eff. 6-24-2011]
23.04.040 Continuation of an existing land use or structure.
It is unlawful and a violation of the Elk Grove Municipal Code for anyone to use a parcel or structure in a manner that violates any provision of this title. However, a land use that was lawfully established before this title was enacted, or before enactment of any applicable amendment to this title, may continue with few exceptions listed in EGMC Chapter 23.84, Nonconforming Uses, Buildings, and Structures. No expansion or modification to said preexisting legal nonconforming use or structure shall be permitted except as allowed by EGMC Chapter 23.84, Nonconforming Uses, Buildings, and Structures. [Ord. 26-2006 §3, eff. 8-11-2006]
23.04.050 Subdivisions.
Any subdivision of land proposed within the City after the effective date of this title shall be consistent with the minimum lot size requirements of Division III, Zoning Districts, Allowable Uses, and Development Standards, of this title, the subdivision requirements of the City of Elk Grove subdivision ordinance, and all other applicable requirements of this title. [Ord. 8-2011 §4(D), eff. 6-24-2011]
23.04.060 Effect of Zoning Code changes on pending applications.
The enactment of this title or amendments to its requirements may have the effect of imposing different standards on new land uses, development, and/or structures than those that applied to existing land uses, development, and/or structures. Following the effective date of this title, or any amendments to this title, the following provisions shall apply:
A. Pending Applications. All land use permit applications that are pending before the City shall be processed according to the regulations in effect when the application was first heard before the designated approving authority. If final action on the application is delayed for more than sixty (60) days from the date of the first hearing by the designated approving authority, the application shall be considered based upon the regulations in effect at the subsequent hearing.
B. Approved Projects Not Yet Under Construction. Any structure authorized by a conditional use permit, design review, variance, or other quasi-judicial permit or action for which construction has not begun as of the effective date of this title or any amendment, may still be constructed in compliance with the approved permit, as long as construction is completed and the approved land use is established before the expiration of the permit or, where applicable, before the expiration of any approved time extension (see EGMC Section 23.18.030, Exercising permits).
C. Projects Under Construction. A structure that is under construction pursuant to a building permit as of the effective date of this title or any amendment may be completed and need not be changed to satisfy any new or different requirements of this title so long as construction is beyond the approval of the first building inspection on the effective date of this title or any amendment. Such a structure shall be deemed to be a lawfully existing building. [Ord. 23-2014 §3 (Exh. A), eff. 10-10-2014; Ord. 8-2011 §4(E), eff. 6-24-2011]
23.04.070 Conflicting requirements.
A. EGMC Title 23 and Municipal Code Provisions. If conflicts occur between requirements of this title, or between this title, the Elk Grove Municipal Code, or other plans and policies adopted by the City, EGMC Title 23 shall govern.
B. Development Agreements or Specific Plans. If conflicts occur between the requirements of this title and standards adopted as part of any development agreement or applicable specific plan, the requirements of the development agreement or specific plan shall govern.
C. Private Agreements. This title applies to all land uses and development regardless of whether it imposes a greater or lesser restriction on the development or use of structures or land than a private agreement or restriction, without affecting the applicability of any agreement or restriction. The City shall not enforce any private covenant or agreement unless it is a party to the covenant or agreement. [Ord. 8-2011 §4(F), eff. 6-24-2011]
23.04.080 Other requirements/permits.
Nothing in this title eliminates the need for obtaining any other permits required by the City, or any permit, approval, or entitlement required by the regulations of any regional, State, or Federal agency. [Ord. 8-2011 §4(G), eff. 6-24-2011]
23.04.090 Public nuisance.
Neither the provisions of this title nor the approval of any permit authorized by this title shall authorize the maintenance of any public nuisance as defined in Division VI, Zoning Definitions A – Z, of this title. [Ord. 26-2006 §3, eff. 8-11-2006]
23.04.100 Severability, partial invalidation of EGMC Title 23.
If any portion of this title is held to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, such determinations shall not affect the validity of the remaining portions of this title. The City Council hereby declares that this title and each article, chapter, section, subsection, paragraph, subparagraph, sentence, clause, phrase and portion thereof is adopted without regard to the fact that one or more portions of this title may be declared invalid, unconstitutional, or unenforceable. [Ord. 8-2011 §4(H), eff. 6-24-2011]
23.04.110 Conformance with zoning regulations.
Except as otherwise provided in EGMC Chapter 23.84 (Nonconforming Uses, Buildings, and Structures):
A. No building or structure shall be used or designated for any purpose or in any manner other than is permitted in the zoning district in which such building, land or premises is located.
B. No building shall be erected, reconstructed or structurally altered to exceed in height the limit designated in this title for the zoning district in which such building is located.
C. No building shall be erected, nor shall any existing building be altered, enlarged or rebuilt, nor shall any open space be encroached upon or reduced in any manner, except in conformity to the yard, building site area, and building location regulations designated in this title for the zoning district in which such building or open space is located.
D. No yard or other open space abutting any building and provided for the purpose of complying with the provisions of this title shall be considered as providing a yard or open space for any other building on any other building site. [Ord. 23-2014 §3 (Exh. A), eff. 10-10-2014]