Division I. General
Chapter 17.02
GENERAL PROVISIONS
Sections:
17.02.010 Purpose – Adoption of zoning provisions.
17.02.030 Effect on private agreements.
17.02.050 Conflict with other ordinances.
17.02.060 Zone boundary determination.
17.02.070 Newly annexed territory.
17.02.080 Effectuation of provisions.
17.02.090 Buildings under construction.
17.02.100 Existing construction.
17.02.010 Purpose – Adoption of zoning provisions.
A zoning ordinance establishing classifications of zones and regulations within those zones is established and adopted by the city council for the purpose of:
A. Promoting and protecting the public health, safety and welfare of the people of the city;
B. Safeguarding and enhancing the appearance and quality of development of the city; and
C. Providing for the social, physical and economic advantages resulting from comprehensive and orderly planned use of land resources. (Ord. 472 § 3, 2010; Ord. 441 § 1, 2000).
17.02.020 Application.
This title divides the city into zones and may further regulate and restrict the height, number of stories and size of buildings and other structures, the percentage of a lot that may be occupied, the size of yards, the number of dwelling units, the location and use of buildings, structures and lands for trade, industrial, residential and other purposes, and building setbacks. This title may, within an established zone, regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or lands. (Ord. 472 § 3, 2010; Ord. 441 § 1, 2000).
17.02.030 Effect on private agreements.
The provisions of this title are not intended to interfere with or abrogate or annul any easements, covenants or other existing agreements between parties. (Ord. 472 § 3, 2010; Ord. 441 § 1, 2000).
17.02.040 Interpretation.
If ambiguity arises concerning the appropriate classification of a particular use within the meaning and intent of this title, or if ambiguity exists with respect to matters of height, yard requirements, area requirements or zone boundaries as set forth in this title, it shall be the duty of the planning commission to ascertain all pertinent facts, and by resolution of record set forth the findings and the interpretations. Such resolutions shall be forwarded to the city council, and, if approved by the city council, thereafter such interpretation shall govern. (Ord. 472 § 3, 2010; Ord. 441 § 1, 2000).
17.02.050 Conflict with other ordinances.
Whenever the provisions of this title impose more restrictive regulations upon buildings or structures and the use of them, or the use of lands or premises, requiring larger open spaces or yards or setbacks than are imposed or required by other ordinances, the provisions of this title or rules or regulations promulgated thereunder shall govern. (Ord. 472 § 3, 2010; Ord. 441 § 1, 2000).
17.02.060 Zone boundary determination.
A. Where indicated zone boundaries are approximately street, alley or lot lines, such lines are determined to be the boundaries of the zone. Otherwise, the boundaries shall be determined by the dimensions shown on the official zoning map. In the absence of a dimension, the boundary shall be determined by the use of the scale shown on the map.
B. In the event that a vacated street, alley, right-of-way or easement was the boundary between two zones, the new zone boundaries shall be the new property line, and the vacated portion of the street, alley, right-of-way or easement shall take the zone of the property abutting same, and the new zoning boundary shall be at the new property line. (Ord. 472 § 3, 2010; Ord. 441 § 1, 2000).
17.02.070 Newly annexed territory.
A. Whenever public necessity, convenience, general welfare or good zoning practice justifies prezoning of property prior to annexation, and after due consideration by the planning commission, the city council may, by ordinance, place any property within unincorporated territory adjoining the city into any zone set forth in Chapters 17.15 through 17.42 HMC for the purpose of delineating the zoning that will apply to such property in the event of subsequent annexation to the city. The method of accomplishing such prezoning shall be set forth in the State of California Government Code, Sections 65854 to 65859, inclusive, except that prezoning shall be initiated only by the planning commission or city council, and shall only become effective on the date of the annexation of prezoned property becomes effective.
B. Territory annexed to the city and for which the city council has not by ordinance established a conditional prezone prior to annexation shall, upon the date that such annexation becomes effective and until a final zoning plan is adopted, be considered a part of the R-1 single-family residential zone and subject to all conditions and restrictions therein. A final zoning plan shall be adopted by the city council, after due consideration by the planning commission, for all newly annexed territories not subject to conditional prezoning, within one year after the effective date of such annexation. (Ord. 472 § 3, 2010; Ord. 441 § 1, 2000).
17.02.080 Effectuation of provisions.
The provisions of this title governing the use of land, buildings and structures, the size of yards, abutting buildings and structures, the height and bulk of buildings, standards of performance and other provisions are in effect upon all lands. (Ord. 472 § 3, 2010; Ord. 441 § 1, 2000).
17.02.090 Buildings under construction.
Any building for which a permit has been issued under the provisions of earlier ordinances of the city which are in conflict with this title and on which substantial construction has been performed by integration of materials on the site before the effective date of the ordinance codified in this title may nevertheless be completed and continued in accordance with the plans and specifications upon which the permit was issued. (Ord. 472 § 3, 2010; Ord. 441 § 1, 2000).
17.02.100 Existing construction.
Improvements which are existing on June 12, 2000, and which do not conform to the property development and performance standards in this title shall continue to exist as provided in this title. (Ord. 472 § 3, 2010; Ord. 441 § 1, 2000).