Chapter 17.01
PURPOSE AND INTENT
Sections:
17.01.030 Components of the zoning ordinance.
17.01.050 Compliance with other ordinances and laws.
17.01.060 Compliance required.
17.01.070 Violation as nuisance.
17.01.010 Purpose.
The purpose of this title is to promote and protect the public health, safety and general welfare of the people of the city by adopting a zoning plan and regulations providing generally for:
A. The classification of areas of the city, including further annexations thereto, into several zones;
B. The protection of the established character of various zoned areas within the city and to ensure orderly development by regulating the use of land and improvements thereon and the location, size and character of structures or improvements to be erected or placed thereon, including alterations or additions to existing structures or improvements. (Ord. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993)
17.01.020 Short title.
The ordinance codified in this title shall be known as the “zoning ordinance.” The words “ordinance” and “code” as used herein shall have the same meaning. (Ord. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993)
17.01.030 Components of the zoning ordinance.
The zoning title shall consist of a zone plan designating certain districts and a set of regulations controlling the uses of land; the density of population; the uses and locations of structures; the height and bulk of structures; the open spaces around structures, the appearance of certain uses and structures; the areas and dimensions of sites; the location, size and illumination of signs; and requiring the provision of off-street parking and off-street loading facilities. (Ord. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993)
17.01.040 Severability.
If any provisions or portion of any provision of this title, or the application thereof to any person or circumstances, is held invalid, the remainder of this title and the application of such provisions to other persons or circumstances shall not be affected thereby. (Ord. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993)
17.01.050 Compliance with other ordinances and laws.
Nothing in this title shall be construed to authorize the use of any lot or parcel of land in violation of this title or any other applicable statute, ordinance, rule or regulation. Any permit or other entitlement issued in violation of any provisions of this title shall be void. (Ord. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993)
17.01.060 Compliance required.
No building or structure shall be constructed or reconstructed, moved, altered, converted or located nor shall any building or land be used for any purpose other than as permitted by and in conformance with this title, and all other applicable statutes, ordinances, rules and regulations, maps, plans and other requirements and documents referred to herein. (Ord. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993)
17.01.070 Violation as nuisance.
Any building or structure constructed or reconstructed, altered, converted, moved, located or maintained contrary to the provisions of this title and any use of any land, building or premises established, conducted, operated or maintained contrary to the provisions of this title shall be and is hereby declared to be unlawful and a public nuisance. The city attorney or building official may, as authorized, commence proceedings for the abatement and removal thereof in the manner provided by law, and shall take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as well as abate and remove and enjoin any person from setting up, building, maintaining or using any such building contrary to the provisions of this title. (Ord. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993)
17.01.080 Interpretation.
A. In the interpretation and application, the provisions of this title are held to be minimum requirements except where they are expressly stated to be otherwise. No provision of this title is intended to abrogate, repeal, annul, impair or interfere with any existing ordinance of the city of Dinuba, except as specifically repealed herein, or deed restriction, covenant, easement or other agreement between parties; provided, that where this title imposes greater restrictions or regulations than are imposed or required by an existing ordinance, deed restriction, covenant, easement or agreement between parties, this title shall control.
B. In event of need for clarification or interpretation, the planning commission shall ascertain all pertinent facts and by resolution shall set forth its findings. Said resolution shall be transmitted to the city council and, if approved by the council, said clarification or interpretation shall govern until modified by resolution adopted in like manner or by appropriate amendment of this title. The foregoing shall apply in the following cases:
1. If ambiguity arises concerning the appropriate classification of a particular use within the meaning and intent of this title;
2. If ambiguity exists with reference to matters of height, yard, area and other requirements;
3. If uncertainty exists with reference to a zone boundary;
4. If unforeseen conditions arise or technological changes have been introduced;
5. If ambiguity or uncertainty arises as to the meaning of any word or provision contained in this title. (Ord. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993)
17.01.090 Application.
This title shall apply to all property whether owned by private persons, firms, corporations or organizations; by the United States of America or any of its agencies; by the state of California or any of its agencies or political subdivisions; by any county or city, including the city of Dinuba or any of its agencies; or by any authority or district organized under the laws of the state of California, all subject to the following exceptions:
A. Public streets and alleys;
B. Underground utility lines and facilities;
C. Overhead communication lines;
D. Overhead and underground electric and gas distribution and transmission facilities;
E. Railroad rights-of-way;
F. Other exemptions specifically allowed by state law or amendments thereto. (Ord. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993)