Chapter 20.04
ENACTMENT AND APPLICABILITY
Sections:
Article I Purpose and Applicability
20.04.010 Objectives of the Land Use Code
20.04.020 Nature of the Land Use Code
Article II Interpretation
Article III Compliance and Enforcement
20.04.050 Compliance with California laws
20.04.060 Permits, certificates and licenses
20.04.070 Violations: penalties
20.04.080 Voidable conveyances
Article I Purpose and Applicability
20.04.010 Objectives of the Land Use Code
This Land Use Code has been adopted to protect and promote the public health, safety and general welfare of the community and to implement policies contained in the Healdsburg General Plan and any specific plans adopted pursuant to the General Plan. More specifically, the Land Use Code is intended to:
A. Provide a precise guide to the physical development of the City in accord with the goals and policies expressed in the General Plan.
B. Promote the economic stability of existing land uses that are consistent with the development policies of the General Plan and protect them from intrusions by inharmonious or harmful land uses.
C. Prevent excessive population densities and overcrowding.
D. Ensure the provision of adequate open space for light, air and fire safety.
E. Reduce the risk of injury or exposure to hazards for people and property.
F. Permit the development of office, commercial, industrial, and related land uses that are consistent with the General Plan in order to strengthen the City’s economic base.
G. Require the provision of adequate off-street parking facilities.
H. Conserve and enhance the City’s architectural and cultural resource base.
I. Improve the design and aesthetic quality of new construction.
J. Provide for the gradual elimination of land uses and structures that are inconsistent with the policies of the General Plan and which may adversely affect other property or uses.
K. Provide mechanisms for the protection of heritage trees, in that heritage trees increase property values of the community, improve the quality of the environment, aid in the control of erosion, and support forms of life that are beneficial to the community interest. It is a matter of public concern that the unnecessary, heedless, or wanton destruction of heritage trees be avoided to the greatest extent possible.
L. Establish a consistent, thorough and timely public review process to ensure conformity with the provisions of this Title.
M. Promote a positive business climate by establishing consistent and logical land use regulations and requirements, permitting existing and prospective business establishments to understand such requirements.
N. Provide protection from excessive, unnecessary and unreasonable noise for all residents from any and all sources within the community.
O. Control the adverse effect of noise on the community.
P. Promote the construction of housing within Healdsburg that is affordable to all economic segments of the population, including households of low and very low incomes.
Q. Encourage affordable housing construction throughout the community, rather than concentrated within specific areas or neighborhoods.
R. Implement Policy B.1 set forth in the Housing Element of the General Plan, which requires that all new above-moderate housing development projects with 10 or more units to include at least 10 percent of the proposed units as affordable to low and very low income households and five percent as moderate.
S. Implement appropriate provisions of the California Health and Safety Code requiring that 15 percent of all new housing units constructed within redevelopment project areas be sold or rented to individuals and households of moderate, low or very low incomes.
T. Allow payment of an equitable in-lieu fee or other alternative mechanisms for the provision of affordable housing where such housing is not constructed within new housing development projects.
U. Protect the visual character of the city and the health and safety of its residents from the potential adverse effects of telecommunication facility development and installation. (Ord. 1018 § 2 (Exh. A § 100(r)), 2004; Ord. 950 § 2 (Exh. A § 100), 1998.)
20.04.020 Nature of the Land Use Code
The Land Use Code consists of a separate Zoning Map designating certain zoning districts on real property and a set of regulations known as the Land Use Code. The Land Use Code establishes regulations, requirements and standards including but not limited to: controlling the uses of land, the density of population, the uses and locations of structures, the height and bulk of structures, open spaces surrounding buildings, the areas and dimensions of lot areas and building sites, the location, size, and illumination of signs, and requiring the provision of usable open space, screening and landscaping, off-street parking and loading facilities. The Land Use Code also regulates inclusionary housing requirements, protection of heritage trees, riparian areas and the development of hillside properties. (Ord. 950 § 2 (Exh. A § 105), 1998.)
Article II Interpretation
20.04.030 Interpretation
A. In the interpretation and application, the provisions of this Title shall be held to be minimum requirements. No provision of this Title is intended to abrogate, repeal, annul, impair or interfere with any existing ordinance of the City of Healdsburg, except as is specifically repealed herein, provided that where this Title imposes a greater restriction on the use of land or structures or the height or bulk of structures, or requires greater open space about structures, or greater dimensions, than is imposed or required by an existing ordinance, this Title shall control.
B. All words in the present tense shall include the future tense. All words in the singular number shall include the plural number, and all words used in the plural number shall include the singular number, unless the natural construction of the wording indicates otherwise.
C. The word “shall” is mandatory.
D. The word “City” shall mean the City of Healdsburg, California. The words “City Council” shall mean the City Council of the City of Healdsburg. The words “planning commission” shall mean the planning commission duly appointed by the City Council. The words “City Clerk” shall mean the City Clerk of the City of Healdsburg. The words “planning and building director” shall mean the planning and building director of the City of Healdsburg. The term “planning and building department” shall mean the planning and building department of the City of Healdsburg. The word “secretary” shall mean the secretary of the Healdsburg planning commission.
E. If a particular land use is not listed as either a permitted or conditional use in the land use table for any of the zoning districts included in this Title, it is to be considered a use that is not allowed in that district, unless it is determined to be allowed under the provisions of Chapter 20.28 HMC, Article II - Determination of Unspecified Uses.
F. The planning and building director shall have the authority to interpret the meaning of the Land Use Code in the event of uncertainty, pursuant to Chapter 20.28 HMC, Article III.
G. This Title is not intended to abrogate, annul, impair, interfere with any deed restriction, covenant, easement, or other agreement between parties, provided that where this Title imposes a greater restriction on the use of land or structures or the height or bulk of structures, or requires greater open spaces about structures or greater dimensions of sites than is imposed or required by deed restriction, covenant, easement or other agreement, this Title shall control. (Ord. 971 § 2 (Exh. A § 110), 2001; Ord. 950 § 2 (Exh. A § 110), 1998.)
Article III Compliance and Enforcement
20.04.040 Conformity required
A. No site or structure shall be used or designated for use for any purpose or in any manner other than in conformity with the regulations for the zoning district in which the site or structure is located.
B. No structure shall be erected and no existing structure or use shall be moved, altered, or enlarged except in conformity with the regulations for the zoning district in which the structure or use is located.
C. No yard space provided in compliance with the regulations for the zoning district in which it is located shall be deemed to provide a yard space for any other structure, and no yard or usable open space on one site shall be deemed to provide a yard or usable open space for a structure on any other site.
D. No yard, court, or usable open space shall be used, encroached upon, or reduced in any manner except in conformity with the regulations for the zoning district in which the yard, court, or open space is located, unless a variance is obtained pursuant to Chapter 20.28 HMC, Article VI.
E. No lot held in one ownership at the time of the adoption of this Title or at any time thereafter shall be reduced in any manner below the minimum area, frontage, width, or depth prescribed for the zoning district in which the lot is located, unless a variance is obtained pursuant to Chapter 20.28 HMC, Article VI. (Ord. 950 § 2 (Exh. A § 130), 1998.)
20.04.050 Compliance with California laws
The administration of this Title is subject to the requirements of the planning and zoning law of the State of California and the California Environmental Quality Act, including the State of California rules and regulations promulgated thereunder, and procedures established by resolution of the City Council. Applicants shall pay the City necessary fees as may be adopted by City Council resolution to defray necessary City functions for the review of any applications or permits required. (Ord. 950 § 2 (Exh. A § 135), 1998.)
20.04.060 Permits, certificates and licenses
All officials, departments, and employees of the City of Healdsburg vested with the authority or duty to issue permits, certificates, or licenses shall comply with the provisions of this Title and shall issue no permit, certificate, or license which conflicts with the provisions of this ordinance. Any permit, certificate, or license issued in conflict with the provisions of this Title shall be void. (Ord. 950 § 2 (Exh. A § 3100), 1998.)
20.04.070 Violations: penalties
Violation of any provision of the Land Use Code may be enforced in any manner authorized by the Municipal Code, or by any other applicable law, including without limitation, the following provisions:
A. Any person, firm, corporation, or organization violating any provision of this Title shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than $500.00 and by imprisonment for a term not exceeding six months, or by both a fine and imprisonment. A person, firm, corporation or organization shall be deemed guilty of a separate offense for each day during any portion of which a violation of this Title is committed, continued, or permitted by the person, firm, corporation or organization and shall be punishable as herein provided.
B. Any structure or sign erected, moved, altered, enlarged, or maintained and any use of a site contrary to the provisions of this Title shall be and is hereby declared to be unlawful and a public nuisance, and the City attorney shall immediately institute necessary legal proceedings for the abatement, removal, and enjoinment thereof in the manner provided by law, shall take such other steps as may be necessary to accomplish these ends, and shall apply to a court of competent jurisdiction to grant such relief as will remove or abate the structure, sign, or use and restrain or enjoin the person, firm, corporation or organization from erecting, moving, altering, or enlarging the structure or sign or using the site contrary to the provisions of this Title.
C. The cutting down of established tree(s), the pruning, girdling, poisoning, or other act taken to kill or endanger the life of a tree(s), without a tree permit as required by Chapter 20.24 HMC, Article II, is a misdemeanor, punishable as otherwise provided in this code and, in addition to such penalty and separate therefrom, violators may be assessed a fee equal to the valuation of the tree as determined by a tree specialist, including the tree specialist’s fee. (Ord. 991 § 2 (Exh. A), 2002; Ord. 950 § 2 (Exh. A § 3105), 1998.)
20.04.080 Voidable conveyances
Any deed of conveyance, sale or contract to sell made contrary to the provisions of this Title shall be voidable at the sole option of the grantee, buyer, or person contracting to purchase, heirs, personal representative, or trustee in insolvency or bankruptcy, within one year after the date of execution of the deed of conveyance, sale or contract to sell, but the deed of conveyance, sale or contract to sell but the deed of conveyance, sale or contract to sell is binding upon any assignee or transferee of the grantee, buyer, or person contracting to purchase other than those above enumerated, and upon the grantor, vendor, or person contracting to sell the assignee, heir, or devisee. (Ord. 950 § 2 (Exh. A § 3110), 1998.)