Chapter 17.11

17.11.010 Minimum Requirements of this Ordinance

In interpreting and applying the provisions of this Ordinance, they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience, morals and general welfare.

17.11.020 Replacement of Other Ordinances

The provisions of this Ordinance 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deemed or construed to repeal, amend, modify, alter or change any other ordinance or any part thereof not specifically repealed, amended, modified, altered or changed herein, except in such particulars or matters as this Ordinance is more restrictive than such other ordinance, or part thereof; and that in all particulars wherein this Ordinance is not more restrictive, each such other ordinance shall remain in full force and effect.

17.11.030 Compliance with Other Ordinances and Laws

Nothing in this Ordinance shall be construed to authorize the use of any lot or parcel of land in violation of this Ordinance or any other applicable statute, ordinance or regulation.

17.11.040 Reference to any Portion of this Ordinance

Whenever reference is made to any portion of this Ordinance, or of any other law or ordinance, the reference applies to all amendments and additions now or hereafter made.

17.11.050 Severability of any Portion of this Ordinance

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.

17.11.060 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 Chapter 17.23 PMC (Variances), and shall be subject to all the conditions and provisions governing such variances upon the effective date of this Ordinance.

17.11.070 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 Ordinance and shall be subject to all conditions governing such permit.

17.11.080 Continuation of Previously Adopted Development Agreements

Nothing in this Ordinance shall be interpreted to supersede the provisions of a development agreement which was adopted prior to the effective date of this Ordinance 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 Ordinance, and such provisions are not in conflict with that development agreement, the Zoning Ordinance shall apply.

17.11.090 Continuation of Existing Nonconforming Uses

Any use established or conducted, or any building or improvement lawfully existing as a nonconforming use prior to the effective date of this Ordinance pursuant to Ordinance No. 140 shall be deemed to be continued under this Ordinance, and in determination of the termination date established by this Ordinance, shall be computed from the original date it became nonconforming under said Ordinance No. 140.

17.11.100 Lawfully Established Uses Made Nonconforming Because of Changes in Standards of Development

A use which was lawfully established but was made nonconforming (as defined in PMC 17.16.140) because of changes in standards of development may be changed or expanded as provided in Chapter 17.29 PMC (Nonconforming Uses and Structures) subject to all other provisions of this Ordinance or any other ordinance or law.

17.11.110 Procedures Regarding Pending Proceedings

A.    Except as otherwise provided in this Section, after the effective date of this Ordinance, any pending application or project which has not been deemed complete shall be subject to the applicable provisions of this Ordinance. Any pending application, project or proceeding which has been deemed complete shall be subject to the provisions of the Zoning Ordinance of the City of Palmdale which were in effect on the date such proceeding was deemed complete.

B.    The Planning Director may determine that the approval of a Subdivision Development Plan (SDP) pursuant to PMC 17.26.020 is subject to the side yard setback provisions in effect as of the effective date of the tentative tract 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 this Ordinance, 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 which would preclude adherence to PMC 17.41.090(D) 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. (Zoning Ordinance Amendment 02-03, adopted by City Council July 9, 2003.)

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 building plans or model homes with five (5) 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 Ordinance.

17.11.120 License Approval Continued

The rights given by any permit, license or other approval under any ordinance repealed by this Ordinance, shall not be affected by such repeal, but such rights shall hereafter be exercised in accordance with the provisions of this Ordinance.

17.11.130 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 this Ordinance, shall not be deemed to have acquired the status of a nonconforming use by reason of the adoption of this Ordinance, 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 Ordinance, it shall be deemed a continuing violation.

17.11.140 Conviction of Crime Continued

Any conviction for a crime under any ordinance which is repealed by this Ordinance, which crime is continued as a public offense by this Ordinance, constitutes a conviction under this Ordinance for any purpose for which it constituted a conviction under such repealed ordinance.

17.11.150 Private Agreements

The provisions of this Zoning Ordinance are not intended to abrogate any easements, covenants, conditions and restrictions or other existing private agreements which are more restrictive than the provisions of this Zoning Ordinance.

17.11.160 Interpretation of Language

In the event the Zoning Ordinance requires interpretation, the Planning Director may make the interpretation or may refer the matter to the Planning Commission for action. The Planning Commission shall be the final authority unless the matter is appealed to the City Council, pursuant to PMC 17.20.110.

17.11.170 Similar Use Determination

The Planning Director may authorize a use not listed within a zoning district if the Planning Director makes a determination that the use is similar to, and no more objectionable than other uses permitted or conditionally permitted in the zoning district, pursuant to PMC 17.24.120, Determination on Unlisted Uses.

17.11.180 Repeals

This Ordinance supersedes Ordinance No. 140, and all subsequent amendments thereto.