Chapter 17.11
SCOPE
Sections:
17.11.010 Replacement of other ordinances.
17.11.020 Compliance with other ordinances and laws.
17.11.030 Reference to any portion of this Title.
17.11.040 Severability of any portion of this Title.
17.11.050 Continuation of previously granted variances.
17.11.060 Continuation of previously granted permits.
17.11.070 Continuation of previously adopted development agreements.
17.11.080 Continuation of existing nonconforming uses.
17.11.100 Procedures regarding projects in progress and pending proceedings.
17.11.110 Violation of previous ordinance.
17.11.010 Replacement of other ordinances.
The provisions of this Title shall not be deemed or construed to repeal, amend, modify, alter, or change any other ordinance or any part thereof not specifically repealed, amended, modified, altered or changed herein, except in such particulars or matters as this Title is more restrictive than such other ordinance, or part thereof. (Ord. 1603 § 4 (Exh. I), 2023)
17.11.020 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, or regulation. Nothing in this Title eliminates the need for obtaining any other permits required by the City, or any permit, approval, or entitlement required by any other applicable special district or agency, and/or the regulations of any County, State, or Federal agency. No use that is illegal under local or State law shall be allowed in any zone within the City. (Ord. 1603 § 4 (Exh. I), 2023)
17.11.030 Reference to any portion of this Title.
Whenever reference is made to any portion of this Title, or of any other law or ordinance, the reference applies to all amendments and additions now or hereafter made. (Ord. 1603 § 4 (Exh. I), 2023)
17.11.040 Severability of any portion of this Title.
Provisions of this Title are declared to be severable. If any provision, clause, sentence, section, or any part thereof is held to be unconstitutional, invalid, or inapplicable to any person or circumstance by a court of competent jurisdiction, such unconstitutionality, invalidity, or inapplicability shall not affect or impair any of the remaining provisions, sentences, sections, or parts of this Title or their applicability to other persons or circumstances. (Ord. 1603 § 4 (Exh. I), 2023)
17.11.050 Continuation of previously granted variances.
All exceptions and variances heretofore granted pursuant to the provisions of Ordinance No. 140 shall be deemed to exist hereafter as variances pursuant to PMC Chapter 17.23 (Variances and Minor Exceptions), and shall be subject to all the conditions and provisions governing such variances upon the effective date of the ordinance codified in this Title. (Ord. 1603 § 4 (Exh. I), 2023)
17.11.060 Continuation of previously granted permits.
All permitted uses heretofore lawfully existing under Ordinance No. 140 shall continue in effect until revoked or terminated and shall be continued under this Title and shall be subject to all conditions governing such permit. (Ord. 1603 § 4 (Exh. I), 2023)
17.11.070 Continuation of previously adopted development agreements.
Nothing in this Title shall be interpreted to supersede the provisions of a development agreement which was adopted prior to the effective date of the ordinance codified in this Title and which is still in effect. However, in any instance where a development agreement is silent on standards, requirements or other provisions as contained in this Title, and such provisions are not in conflict with that development agreement, the Zoning Ordinance shall apply. (Ord. 1603 § 4 (Exh. I), 2023)
17.11.080 Continuation of existing nonconforming uses.
Existing legal nonconforming uses and structures may continue, pursuant to the provisions of PMC Chapter 17.28 (Nonconforming Uses, Structures and Parcels). (Ord. 1603 § 4 (Exh. I), 2023)
17.11.090 Substandard lots.
Legally created substandard lots on record prior to the adoption of this code shall be deemed in compliance with the minimum lot area requirements. The lot area per dwelling unit, however, shall remain as specified in the applicable zone. In no instance shall these provisions prevent the erection of a single-family dwelling on any substandard residential lot. (Ord. 1603 § 4 (Exh. I), 2023)
17.11.100 Procedures regarding projects in progress and pending proceedings.
(A) Except as otherwise provided in this Section, after the effective date of the ordinance codified in this Title, any pending application or project which has not been deemed complete shall be subject to the applicable provisions of this Title. Any pending application for a project or proceeding which has been deemed complete shall be subject to the requirements in effect on the date such application was deemed complete.
(B) The Director may determine that the approval of a subdivision development plan (SDP) pursuant to PMC § 17.26.020 (Subdivision development plan review) is subject to the side setback provisions in effect as of the effective date of the tentative tract map approval in which the lot is located; provided, that evidence submitted by the developer substantiates that the project met any one of the following criteria on the effective date of the ordinance codified in this Title, and that said criterion is still met on the date of SDP submittal for each lot on which the exemption is sought.
(1) The lot is in a recorded tract in which the shape or dimension of the lot or infrastructure or improvements have been constructed would preclude adherence to the residential setback standards in Division 3 (Residential Zones) of this Title without substantial expense on the part of the builder or developer. Such improvements could include, but are not limited to, utility stub-outs, individual lot grading, curb cuts or driveways.
(2) The lot is part of an approved tentative tract map within which at least one phase has been recorded and in which construction is underway, based on structural plans or model homes with five-foot setbacks on each side; provided, however, that if the lot is in a phase of said map which is proposed for development with a different product type than those depicted in the originally approved building plans or model homes, then the lot shall adhere to all applicable provisions of this Title. (Ord. 1603 § 4 (Exh. I), 2023)
17.11.110 Violation of previous ordinance.
Any use established or conducted or any building or improvement existing in violation of the Zoning Ordinance upon the effective date of the ordinance codified in this Title shall not be deemed to have acquired the status of a nonconforming use by reason of the adoption of this Title, or any provision thereof. To the extent that such use, building, or improvement was a violation of any ordinance, statute or law, or is a violation of this Title, it shall be deemed a continuing violation. (Ord. 1603 § 4 (Exh. I), 2023)
17.11.120 Private agreements.
The provisions of this Title are not intended to repeal, rescind, or revoke any easements, covenants, conditions, approvals, restrictions, or agreements which are more restrictive than the provisions of this Title. (Ord. 1603 § 4 (Exh. I), 2023)