Chapter 17.04


17.04.010    Relationship To Prior Code

17.04.020    Prior Rights And Violations

17.04.030    New Land Uses Or Structures

17.04.040    Continuation Of An Existing Land Use Or Structure

17.04.050    Subdivisions

17.04.060    Effect Of Zoning Code Changes On Pending Applications

17.04.070    Conflicting Requirements

17.04.080    Other Requirements/Permits

17.04.090    Public Nuisance

17.04.100    Severability, Partial Invalidation Of Zoning Code

17.04.010 Relationship To Prior Code:

The provisions of this title, as it existed prior to the effective date hereof, are repealed and superseded as provided in the ordinance enacting this title. No provision of this title shall validate or legalize any land use or structure established, constructed, or maintained in violation of the title as it existed prior to repeal by the ordinance enacting this title. (Ord. 473 §3, 2007)

17.04.020 Prior Rights And Violations:

The enactment of this title shali not terminate or otherwise affect vested land use development permits, approvals, or agreements authorized under the provisions of any ordinance, nor shall violation of any prior ordinance be excused by the adoption of this title. (Ord. 473 §3, 2007)

17.04.030 New Land Uses Or Structures:

It shall be unlawful, and a violation of this title for any person to establish, construct, reconstruct, alter, or replace any use of land or structure, except in compliance with the requirements of this title. (Ord. 473 §3, 2007)

17.04.040 Continuation Of An Existing Land Use Or Structure:

It is unlawful and a violation of this code for anyone to use a parcel or structure in a manner that violates any provision of this title. However, a land use that was established lawfully before this title was enacted, or before enactment of any applicable amendment to this title, may continue with few exceptions listed in chapter 17.84, "Nonconforming Uses, Buildings, And Structures", of this title. No expansion or modification to said preexisting legal nonconforming use or structure shall be permitted except as allowed by chapter 17.84 of this title. (Ord. 473 §3, 2007)

17.04.050 Subdivisions:

Any subdivision of land proposed within the city after the effective date hereof shall be consistent with the minimum lot size requirements of division III, "Zoning Districts, Allowable Uses, And Development Standards", of this title, the subdivision requirements of the city of Greenfield subdivision ordinance, and all other applicable requirements of this title. (Ord. 473 §3, 2007)

17.04.060 Effect Of Zoning Code Changes On Pending Applications:

Following the effective date of this title, or any amendment of this title, regulations of this title are applicable to all pending applications in process, unless prohibited by state law. Applications are no longer considered pending once the appeal period has expired or the appeal process has been fully exercised. (Ord. 473 §3, 2007)

17.04.070 Conflicting Requirements:

A.    Zoning Code And Municipal Code Provisions: If conflicts occur between requirements of this title and other provisions of this code, or other plans and policies adopted by the city, this title shall prevail.

B.    Private Agreements: This title applies to all land uses and development regardless of whether it imposes a greater or lesser restriction on the development or use of structures or land than a private agreement or restriction, without affecting the applicability of any agreement or restriction. The city shall not enforce or consider any private covenant or agreement unless it is a party to the covenant or agreement. (Ord. 473 §3, 2007)

17.04.080 Other Requirements/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. (Ord. 473 §3, 2007)

17.04.090 Public Nuisance:

Neither the provisions of this title nor the approval of any permit authorized by this title shall authorize the maintenance of any "public nuisance" as defined in division VI. "Zoning Definitions", of this title. (Ord. 473 §3, 2007)

17.04.100 Severability, Partial Invalidation Of Zoning Code:

If any portion of this title is held to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, such determinations shall not affect the validity of the remaining portions of this title. The city council hereby declares that this title and each article, section, subsection, paragraph, subparagraph, sentence, clause, phrase and portion thereof is adopted without regard to the fact that one or more portions of this title may be declared invalid, unconstitutional or unenforceable. (Ord. 473 §3, 2007)