Chapter 17.04


17.04.010    Zoning plan adopted.

17.04.020    Purpose.

17.04.030    Interpretation.

17.04.040    Enforcement.

17.04.050    Legal procedure.

17.04.060    Applicability of State law.

17.04.070    Penalties.

17.04.080    Administrative Coordinator.

17.04.090    Permissive nature of zoning ordinance.

17.04.010 Zoning plan adopted.

There is adopted a zoning plan for the City. Said zoning plan is a districting plan, as provided by law. The ordinance codified in this title shall be known and may be cited as the “zoning ordinance.” [Ord. 772 § 17.01.010, 1986. Code 1987 § 17.01.010].

17.04.020 Purpose.

The purpose of this title is to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, comfort and general welfare.

The zoning or districting plan effectuated by this title is a part of the master plan and consists of the establishment of various districts, including all the territory within the boundaries of the City, within which the use of land and buildings, the space of buildings, and the height and bulk of buildings are regulated.

No buildings or structures shall be erected, reconstructed or structurally altered in any manner, nor shall any buildings or land be used for any purpose other than as permitted and in conformance with this title and all other ordinances, laws and maps referred to therein. [Ord. 772 § 17.01.020, 1986. Code 1987 § 17.01.020].

17.04.030 Interpretation.

When interpreting and applying the provisions of this title they shall be held to the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Except as specifically herein provided, it is not intended by the adoption of the ordinance codified herein to repeal, abrogate, annul, or in any way to impair or interfere with any existing provision of law or ordinance, or any rules, regulations or permits previously adopted or issued, or which shall be adopted or issued pursuant to law relating to the erection, construction, establishment, moving, alteration, or enlargement of any building or improvement. It is not intended by this title to interfere with or abrogate or annul any easement, covenant or other agreement between parties. However, in cases in which this title imposes a greater restriction upon the erection, construction, establishment, moving, alteration or enlargement of buildings, or the use of any building or premises in any district or districts than is imposed or required by such existing provisions of law or ordinance, or by such rules, regulations or permits, or by such easements, covenants or agreements, then in such case the provision of this title shall control. [Ord. 772 § 17.01.030, 1986. Code 1987 § 17.01.030].

17.04.040 Enforcement.

All departments, officials and public employees of the City, vested with the duty or authority to issue permits or licenses shall conform to the provisions of this title, and shall issue no permit or license for uses, buildings, or purposes in conflict with the provisions of this title and any such permit or license issued in conflict with the provisions of this title shall be null and void. It shall be the duty of the Building Inspector of the City to enforce the provisions of this title pertaining to the erection, construction, reconstruction, moving, conversion, alteration or addition to any building or structure. [Ord. 772 § 17.01.040, 1986. Code 1987 § 17.01.040].

17.04.050 Legal procedure.

A. Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this title, and any use of land, building, or premises established, conducted, operated or maintained contrary to the provisions of this title is unlawful and a public nuisance; and the City Attorney shall, upon order of the City Council, immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner prescribed by law, and shall take such other steps and shall apply to such courts, as may have jurisdiction to grant such relief as will abate and remove such building or structure, and restrain and enjoin any person, firm or corporation from setting up, erecting, building, maintaining or using any such building contrary to the provisions of this title.

B. The remedies provided for herein shall be cumulative and not exclusive. [Ord. 772 § 17.01.050, 1986. Code 1987 § 17.01.050].

17.04.060 Applicability of State law.

Except as otherwise provided in this title or other chapters of the Municipal Code or the City Charter, the provisions of the Government Code pertaining to zoning and planning shall be applicable to all matters as if set forth in full herein. [Ord. 772 § 17.01.060, 1986. Code 1987 § 17.01.060].

17.04.070 Penalties.

Any person, firm, corporation, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this title is guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine of not more than $500.00 or by imprisonment in the County jail for a term not exceeding 180 days, or by both such fine and imprisonment. Such person, firm or corporation is guilty of a separate offense for each and every day during any portion of which any violation of this title is committed or continued by such person, firm or corporation, and shall be punishable as herein provided. [Ord. 772 § 17.01.070, 1986. Code 1987 § 17.01.070].

17.04.080 Administrative Coordinator.

The Community Development Director or his/her designee shall be the individual responsible to provide for coordination of review and decision-making and the provisions of information regarding the status of all applications and permits required by this title. [Ord. 772 § 17.01.080, 1986. Code 1987 § 17.01.080].

17.04.090 Permissive nature of zoning ordinance.

The provisions of this title are such that they specify uses or structures permitted within a zoning district. If such uses or structures are not listed as permitted or otherwise provided for within this title then these uses or structures shall not be permitted. [Ord. 772 § 17.01.090, 1986. Code 1987 § 17.01.090].