Division 1. Introductory Provisions
Chapter 17.10
INTRODUCTORY PROVISIONS
Sections:
17.10.010 Authority for this Title.
17.10.030 Replacement of previous ordinances.
17.10.060 General Plan consistency.
17.10.010 Authority for this Title.
The ordinance codified in this Title is adopted under the authority granted to the City by Article 11, Section 7 of the California Constitution and pursuant to the requirements of California Government Code Sections 65800 et seq. and 66410 et seq. (Ord. 1603 § 4 (Exh. I), 2023)
17.10.020 Short title.
This Title of the PMC shall be known as the “Zoning Ordinance” or “Ordinance” hereafter. (Ord. 1603 § 4 (Exh. I), 2023)
17.10.030 Replacement of previous ordinances.
The provisions of this Title insofar as they are substantially the same as the provisions of any ordinance or portions of any ordinance repealed by this Title shall be construed as restatements and continuations thereof, and not as new enactments. (Ord. 1603 § 4 (Exh. I), 2023)
17.10.040 Purpose.
The purpose of this Title is to promote the public health, safety, and general welfare and to preserve and enhance the quality of life within the City by establishing standards to ensure that an appropriate mix of land uses is developed in an orderly manner. To achieve this purpose, the City desires to achieve a pattern and distribution of land uses which generally meets the following objectives:
(A) To implement the goals, objectives, and policies of the City General Plan;
(B) To retain and enhance established residential neighborhoods, commercial and industrial districts, public facilities, recreation, open space and other amenities;
(C) To allow for the infill and redevelopment of areas at similar scale and character;
(D) To accommodate expansion of development into vacant and underutilized lands, while considering environmental and infrastructural constraints;
(E) To provide a diversity of areas throughout the community characterized by differing land use activity, scale, and intensity;
(F) To maintain and enhance significant environmental and visual resources;
(G) To provide opportunities for economic development, including business creation and expansion in a variety of manufacturing, service, and marketing industries; and
(H) To establish Palmdale as a distinctive community with a high quality of life and a visually pleasing, secure environment for the City’s residents and businesses. (Ord. 1603 § 4 (Exh. I), 2023)
17.10.050 Prohibitions.
(A) General Prohibitions.
(1) No structure shall be moved into an area, erected, reconstructed, added to, enlarged, advertised on, or structurally altered or maintained, and no structure or land shall be used for any purpose, except as specifically provided and allowed by this Title and any other applicable codes, ordinances, and resolutions.
(2) No person shall use or permit to be used any structure or land, nor shall any person erect, structurally alter or enlarge any structure or advertise on any structure except pursuant to the provisions of this Title and any other applicable codes, ordinances, and resolutions.
(3) No permit, entitlement, or other approval under this Title may be issued or renewed for any use, construction, improvement or other purpose unless specifically provided for, or permitted by, this Title, and any other applicable codes, ordinances and resolutions. In all cases, no permit, entitlement, or other approval may be issued or renewed where the property, including all structures and land, fails to comply with all applicable health, zoning, fire, building and safety, or nuisance prevention laws of the State or of the City or where there are fees, fines, or other penalties owing the City in connection with the property; provided, however, that this Section shall not be construed to require that the applicant actually be in compliance with such laws or have paid such penalties at the time set for review and approval or to prohibit legal nonconforming land uses that otherwise comply with applicable laws and have no penalties owing in connection with the property. The Review Authority of the City, as applicable, may approve a permit, entitlement, or other approval and condition its operative date upon the later submission by the applicant a certificate of occupancy issued by the Division of Building and Safety or other satisfactory evidence that the property is then in compliance with all such applicable laws or proof of payment of such penalties.
(B) Violations. Any person violating any provision of this Title, or any amendment thereto, is guilty of a misdemeanor. Each violation is a separate offense for each and every day during any portion of time during which the violation is committed and is subject to the penalties specified in PMC Chapter 1.12 (Penalty Provisions).
(C) Public Nuisance. Any use of property contrary to the provisions of this Title is illegal and is deemed to be a public nuisance. The authorized legal representative of the City may commence actions and proceedings for the abatement thereof, in the manner provided by law, and may take such other steps and may apply to any court having jurisdiction to grant such relief as will abate or remove such use and restrain and enjoin any person from using any property contrary to the provisions of this Title.
(D) Injunctions. The provisions of this Section may also be enforced by injunction issued by any court having jurisdiction over the owner or occupant of any real property affected by such violation or prospective violation.
(E) Enforcement. The Director of Economic and Community Development, Code Enforcement Officer, or any representative they may designate, is hereby authorized to notify, cite, and take legal action against any person who is in violation of the provisions of this Title. (Ord. 1603 § 4 (Exh. I), 2023)
17.10.060 General Plan consistency.
The Zoning Ordinance is the primary tool for implementing the goals, objectives, and policies of the Palmdale General Plan pursuant to the mandates of State law. All project proposals within the incorporated area of the City shall be consistent with the General Plan prior to approval.
No land shall be developed, nor shall any use be initiated, which is not found to be in conformance with the General Plan, applicable Specific Plan, Zoning Ordinance or other applicable provisions of the PMC. (Ord. 1603 § 4 (Exh. I), 2023)