Division 1. Enactment and Applicability
Chapter 17.02
TITLE, PURPOSE, AND APPLICABILITY OF THE ZONING CODE
Sections:
17.02.020 Purpose and authority.
17.02.040 Relationship to prior code.
17.02.050 Relationship to general plan.
17.02.060 Severability, partial invalidation of zoning code.
17.02.010 Title.
Title 17 of the city of Kerman municipal code, containing the city’s zoning regulations, shall be known as the "City of Kerman Zoning Code" and referred to as the "zoning code." (Ord. 24-01 §2(Exh. A-1)).
17.02.020 Purpose and authority.
A. Purpose of the Zoning Code. The purpose of the zoning code is to preserve and promote the public health, safety, and welfare of the city, and to facilitate growth and expansion of the city in a precise and orderly manner. More specifically, this zoning code is adopted to achieve the following objectives:
1. Assure that the public and private lands are ultimately used for purposes which are appropriate and most beneficial for the city;
2. Implement the goals, policies, implementation programs, and land use map of the general plan;
3. Assure the appropriate location of community facilities;
4. Promote a safe, effective traffic circulation system;
5. Require adequate off-street parking and loading areas;
6. Prevent the overbuilding of land by development through the regulation of parcel coverage, setbacks, height, and parcel density and dimensions;
7. Promote a well designed city through the regulation of signs, landscaping, structure design, and other improvement standards associated with development;
8. Promote and protect commercial and industrial development within the city, in order to strengthen its economic base; and
9. Conserve the city’s natural resources and community assets.
B. Authority. This zoning code is enacted based on the authority vested in the city by the state of California, including but not limited to the State Constitution; the Planning and Zoning Law (Government Code Sections 65000 et seq.); and the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.). (Ord. 24-01 §2(Exh. A-1)).
17.02.030 Applicability.
This zoning code applies to all areas within the municipal boundaries of the city of Kerman whether owned, leased, or operated by private persons, farms, corporations, or organizations. Additionally, any property owned, leased, or operated by the United States, the state of California, the county of Fresno, or any other public or governmental body or agency, shall be governed by the provisions of this zoning code, as follows:
A. Where such public or governmental uses are specifically listed, they shall be governed as indicated.
B. Where such public or governmental uses are not specifically listed, they shall be permitted only in zones allowing private uses of a substantially similar nature as provided in Section 17.04.030(B) (Classification of Uses).
C. Property owned by the United States, the state of California, the county of Fresno, or any other governmental agency, shall be exempt from the provisions of this zoning code only to the extent that their property may not be lawfully regulated by the city. (Ord. 24-01 §2(Exh. A-1)).
17.02.040 Relationship to prior code.
The provisions of this zoning code, as it existed before the effective date of Ordinance No. 24-01, are repealed and superseded as provided in the ordinance enacting this title. No provision of this zoning code shall validate or legalize any land use, structure, or subdivision constructed, created, established, or maintained in violation of the city ordinances as they existed before repeal by the ordinance enacting this zoning code, except as addressed by nonconformities created by this zoning code, in compliance with Division 5 (Nonconformities). (Ord. 24-01 §2(Exh. A-1)).
17.02.050 Relationship to general plan.
A. Zoning Code Is the Primary Tool. Nothing in this zoning code eliminates the need for obtaining any other permits or entitlements required by the city, or any permit, approval, or entitlement required by the regulations of any regional, state, or federal agency.
1. General Plan. The general plan is a comprehensive, long range, general policy statement for the entire community. The general plan designates appropriate locations and densities for residential, commercial, mixed use, industrial, office, public, and open space uses.
2. Zoning Code. This zoning code is a specific statement of allowable uses of land and related development standards by zone designed to control the use, type, bulk, height, space, and location of structures and land. This zoning code is intended to be applied to the city based on land use designations established in the general plan.
B. General Plan Consistency. The council intends that this zoning code be consistent with the general plan and any applicable specific plan to the maximum extent practicable, and that any development, land use, or subdivision approved in compliance with this zoning code shall also be consistent with the general plan and any applicable specific plan to the maximum extent practicable.
C. Inconsistencies Between the General Plan and Zoning Code. Where inconsistencies are found to exist between the general plan and this zoning code, the general plan shall control the use and development of the land until the council adopts an amendment(s) to achieve consistency with the existing or current general plan. (Ord. 24-01 §2(Exh. A-1)).
17.02.060 Severability, partial invalidation of zoning code.
If any portion of this zoning code is held to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, the determination shall not affect the validity of the remaining portions of this zoning code. The council hereby declares that this zoning code and each division, chapter, article, section, subsection, paragraph, subparagraph, sentence, clause, phrase, and portion thereof are adopted without regard to the fact that one or more portions of this zoning code may be declared invalid, unconstitutional, or unenforceable. (Ord. 24-01 §2(Exh. A-1)).