Division I. Administration
Chapter 18.02
PURPOSE AND APPLICABILITY
Sections:
18.02.010 Title, authority, and general content.
18.02.030 Applicability of regulations.
18.02.010 Title, authority, and general content.
This title may be cited as the “city of Patterson zoning ordinance.” This title is adopted pursuant to the authority granted to the city of Patterson by California Government Code Section 65800 et seq. The zoning code consists of the zoning map and certain designated zoning districts and regulations for each, as well as general requirements, which control the uses of land, population density, uses and locations of structures, height and bulk of structures, open spaces about structures, the aspects of certain uses in structures, the areas and dimensions of building sites, requirements for off-street parking, and attendant regulations within such zoning districts. (Ord. 738 § 1 (Exh. A) (part), 2013).
18.02.020 Purpose and intent.
The zoning code is adopted to promote and protect the public health, safety, peace, morals, comfort, convenience, and general welfare and, among other purposes, is adopted for the specified purposes more particularly described as follows:
A. To implement the general plan of the city;
B. To provide a definite and comprehensive zoning plan for development of the city and to guide, control, and regulate the future growth of the city in accordance with such plan and the city’s general plan;
C. To protect the character and the social and economic stability of agricultural, residential, commercial, industrial, and other areas and land uses within the city, and to assure the orderly and beneficial development thereof;
D. To minimize conflicts between private individuals or groups or other conflicts which might result from incompatible or inappropriate adjacent land uses;
E. To maintain and to enhance desirable characteristics of neighborhoods; to provide open space for light and air; to prevent undue concentration of population; to promote orderly community development; and to otherwise promote the implementation of the city of Patterson general plan;
F. To promote orderly growth with the provision of providing adequate infrastructure and the efficient use of land. (Ord. 738 § 1 (Exh. A) (part), 2013).
18.02.030 Applicability of regulations.
This title applies to all land uses, structures, subdivisions, and development within the city of Patterson, as outlined below. Generally, the enactment of this code shall not terminate or otherwise affect entitlements, permits, or approvals authorized under the provisions of any ordinance repealed, suspended, or revised by the adoption of this code, nor shall any prior violation of any such prior ordinance be excused by the adoption of this code.
A. New or Altered Land Uses or Structures. Compliance with this title is required to lawfully establish, construct, reconstruct, alter, or replace any use of land or structure.
B. Existing Uses and Structures. An existing land use or structure is lawful only when it was legally established and is operated and maintained in compliance with all applicable provisions of this title. See Chapter 18.94 (Nonconforming Uses and Structures) for more details.
C. Minimum Requirements. The provisions of this title shall be the minimum to ensure the public health, safety, and welfare. For discretionary actions, city officials or bodies have the discretion to impose more stringent requirements than set forth in this title as may be necessary to promote orderly land use development and the purposes of this title.
D. Land Use Permit or Entitlement Required—Limitation on Subsequent Permits. Land use permits or entitlements are required when a development, as defined in this title, is proposed. No person shall begin construction, occupy, or conduct a use or operation within the city, and the city shall not issue any other permit related to the development, until any required land use permit or entitlements have been approved and the appeals period has expired.
E. Other Requirements and 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.
F. Effect of Zoning Ordinance Changes on Projects in Process. The enactment of this title, or any amendments thereto, 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, the following provisions shall apply. Successive amendments to this title shall specify their applicability to pending applications and projects not yet or under construction; in the event an amendment is silent on this matter, the following shall apply:
1. Pending Applications. All land use permit applications that are active and that have been determined by the planning director to be complete before the effective date of this title, or any amendments thereto, will be processed according to the regulations in effect when the application was deemed complete.
2. Approved Projects Not Yet Under Construction. Any structure authorized by a planning permit or entitlement for which construction has not begun as of the effective date of this title, or any amendment thereto, 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.
3. Projects Under Construction. A structure that is under construction pursuant to a valid building permit on the effective date of this title, or any amendments thereto, may be completed and need not be changed to satisfy any new or different requirements of this title as long as construction is beyond the approval of the first inspection on the effective date of this title, or any amendment thereto; and provided, that construction is diligently prosecuted to completion. Such a structure shall be deemed to be a lawfully existing building.
G. Conflicting Requirements. Wherever conflict occurs between the provisions of this title and any other provision of law, the more restrictive of any such provisions shall apply, except for conflicts between the requirements of this title and any adopted specific plan or special planning area, in which case the requirements of the specific plan or special planning area shall govern.
H. Severability. If any portion of this title is for any reason held by a court of competent jurisdiction to be invalid, unconstitutional, or unenforceable, such decision shall not affect the validity of the remaining portions of this title. The city council hereby declares that this title and each division, chapter, section, subsection, paragraph, subparagraph, sentence, clause, phrase, and portion thereof is adopted, irrespective of the fact that one or more portions of this title may be declared invalid, unconstitutional, or unenforceable. (Ord. 738 § 1 (Exh. A) (part), 2013).