Division 1
GENERAL PROVISIONS

CHAPTER 17.10
INTRODUCTORY PROVISIONS

17.10.010 Authority for this Ordinance

This Ordinance is adopted under the authority granted to the City of Palmdale by Article 11, Section 7 of the California Constitution and in accordance with the requirements of California Government Code Sections 65800 et. seq. and 66410 et. seq.

17.10.020 Short Title

This Ordinance shall be known as the “Palmdale Zoning Ordinance.”

17.10.030 Replacement of Previous Ordinances

The provisions of this Ordinance insofar as they are substantially the same as the provisions of any ordinance or portions of any ordinance repealed by this Ordinance shall be construed as restatements and continuations thereof, and not as new enactment’s.

17.10.040 Purpose

The purpose of this Zoning Ordinance is to promote the public health, safety, and general welfare and to preserve and enhance the quality of life within the City by establishing regulations 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 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 under-utilized 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.

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 Zoning Ordinance 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 in accordance with the provisions of this Zoning Ordinance and any other applicable codes, ordinances and resolutions.

3.    No permit or entitlement may be issued or renewed for any use, construction, improvement or other purpose unless specifically provided for, or permitted by, this Zoning Ordinance, and any other applicable codes, ordinances and resolutions.

4.    Parolee homes of two or more parolees unrelated by blood, marriage or legal adoption are prohibited. (Zoning Ordinance Amendment 08-01, adopted by City Council March 3, 2010.)

5.    Sex offender homes or Probationer homes of two or more unrelated sex offenders and/or two or more individuals on probation are prohibited. (Zoning Ordinance Amendment 08-01, adopted by City Council March 3, 2010.)

B.    Violations

Any person violating any provision of this Zoning Ordinance, 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 Chapter 1.12 PMC.

C.    Public nuisance

Any use of property contrary to the provisions of this Zoning Ordinance 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 Section.

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 Planning, Senior Code Enforcement Officer, or any representative thereof designated by the Director, is hereby authorized to notify, cite and take legal action against any person who is in violation of the provisions of the Zoning Ordinance.

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 development proposals within the incorporated area of the City shall be found to 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 City of Palmdale Municipal Code.