Chapter 18.04
GENERAL PROVISIONS
Sections:
18.04.030 Effect on previous approvals.
18.04.040 Effect on previous zoning districts.
18.04.400 Development plan for the Roseburg Commerce Park.
18.04.010 Citation.
This code may be cited as the Mt. Shasta “Land Development Code.” The Mt. Shasta Land Development Code is enacted as the exclusive City ordinance for the implementation of Cal. Gov’t Code Title 7, Division 1, Chapters 4 through 9, commencing at § 65800, Zoning Regulations, and Division 2, Chapters 1 through 7, the Subdivision Map Act. In addition, the Land Development Code, under authority vested in the City of Mt. Shasta by the State of California, includes regulations for design standards, development program implementation, and permit streamlining. (Ord. CCO-09-02, 2009; Ord. 258 § 1.3, 1967)
18.04.020 Purpose.
Land development regulation is a significant part of the growth and development of the City of Mt. Shasta. The Land Development Code is intended to bring together the State zoning and subdivision enabling requirements with regulations, development standards, and building requirements that are written to serve the needs of the people of the City of Mt. Shasta.
The Land Development Code is intended to provide a means of implementing the General Plan, its policies and implementing programs. The code provides a means to uniformly establish land use districts, site development standards for the use of land in those districts, and ensure that there are provisions to provide City services to those lands. The code will provide procedures for prompt, fair project consideration and review. (Ord. CCO-09-02, 2009; Ord. 258 § 1.1, 1967)
18.04.030 Effect on previous approvals.
(A) If a permit was legally issued under the provisions of an earlier version of the Mt. Shasta zoning ordinance, the use or building allowed by that permit is considered to be legal and valid under the provisions of the Land Development Code. The permit remains legal and valid as long as any conditions incorporated as a part of the original approval have been completed or are continually satisfied. If the use is abandoned for a period of more than one year (366 or more calendar days), the use is considered to be abandoned, and must be reestablished under the provisions of this code.
(B) Any parcel of land that was legally created under the provisions of the Mt. Shasta subdivision ordinance in effect at the time the ordinance codified in this title was enacted shall be considered to be a legally existing parcel of land under the provisions of this code.
(1) In districts requiring side yards, the width of the interior side yard on any parcel in existence on the effective date of this section may be reduced to 10 percent of the width of such parcel but in no case to less than three feet.
(C) Any land use or parcel of land that was not legally established under the provisions of the previous zoning and subdivision codes shall not qualify for the protection granted prior permits under the provisions of this section.
(1) This means that a land use or activity that was considered a violation of prior ordinances shall still be considered a zoning violation. It also means that in order to resolve the violation, the standards of the Land Development Code currently in effect must be applied to correct the violation, not the old ordinances.
(2) A parcel of land created in violation of prior subdivision ordinances shall not be considered a legally existing parcel. The City shall not issue any building or development permits until the subdivision violation is corrected. In order to correct the violation, the standards of the current General Plan and Land Development Code shall be used, not the ordinances or General Plan in effect when the violation was created. (Ord. CCO-09-02, 2009; Ord. 258 § 1.2, 1967)
18.04.040 Effect on previous zoning districts.
The Land Development Code makes changes to the names and abbreviations used in prior ordinances to identify zoning districts. Upon the effective date of the Land Development Code, all parcels within an older zoning district shall have the zone automatically changed to the new zoning district as follows:
(A) All parcels within the single-family residential (R-1) district shall be classified into the low density residential (R-1) district.
(B) All parcels within the single-family residential (R1/B1) district shall be classified into the low density residential (R1/B1) district.
(C) All parcels within the duplex residential (R-2) district shall be classified into the medium density residential (R-2) district.
(D) All parcels within the multiple residential (R-3) district shall be classified into the high density residential (R-3) district.
(E) All parcels within the multiple residential-professional (R-4) district shall be classified into the high density residential (R-3) district.
(F) All parcels within the central business district (C-1) shall be classified into the downtown commercial (C-1) district.
(G) All parcels within the general commercial district (C-2) shall be classified into the general commercial (C-2) district.
(H) All parcels within the controlled manufacturing (CM) district shall be classified into the employment center (E-C) district.
(I) All parcels within the general industrial (M) district shall be classified into the employment center (E-C) district.
(J) All parcels within the unclassified (U) district shall be classified into the unclassified (U) district.
(K) All parcels within the planned development (P-D) district shall be classified into the planned development (P-D) district. (Ord. CCO-09-02, 2009)
18.04.400 Development plan for the Roseburg Commerce Park.
The development plan for the Roseburg Commerce Park shall be the development standards for the Roseburg Commerce Park planned unit development. (Ord. CCO-11-05 § 56, 2011; Ord. CCO-09-04, 2009; Ord. CCO-00-01, 2000)