Chapter 11-01
AUTHORITY, PURPOSES, AND EFFECTS

Sections:

Article 1. General Provisions

11-01-010    Citation.

11-01-020    Authority.

11-01-030    Purposes of this Title.

11-01-040    Applicability.

11-01-050    Compliance with this Title.

11-01-060    Violations of this Title.

11-01-070    Buildings under construction.

11-01-080    Severability.

11-01-090    Fees.

Article 1. General Provisions

11-01-010 Citation.

This Title of the San Juan Bautista Municipal Code shall be known and cited as the “zoning ordinance.”

11-01-020 Authority.

This Title is adopted pursuant to Section 65000 et seq. of the California Government Code.

11-01-030 Purposes of this Title.

The purpose of this Title is to protect and to promote the public health, safety, peace, comfort, convenience, and general welfare. More specifically, this Title is adopted in order to achieve the following objectives:

(A) To guide the physical development of the City consistent with the land use goals and policies of the General Plan.

(B) To foster a harmonious, convenient, and workable relationship among land uses.

(C) To protect and promote the stability of existing land uses that conform with the General Plan.

(D) To ensure that public and private lands are ultimately used for the purposes that are most appropriate and most beneficial from the standpoint of the City as a whole.

(E) To promote a safe, effective traffic circulation system.

(F) To foster the provision of adequate off-street parking and off-street loading facilities.

(G) To facilitate the appropriate location of community facilities and institutions.

(H) To safeguard and enhance the appearance of the City and its historic character.

11-01-040 Applicability.

This Title shall apply to all land uses, subdivisions, and development in the City, as provided by this Title.

11-01-050 Compliance with this Title.

(A) It shall be unlawful for any building or structure to be moved, erected, used, altered, enlarged, or rebuilt or for any use to be established or changed that does not strictly conform to the provisions of this Title.

(B) It shall be unlawful for any yard, open space, or land to be used for any purpose or in any way not specifically permitted by this Title.

(C) No department, official, or employee of the City of San Juan Bautista vested with the duty or authority to issue permits or licenses for buildings, structures, or uses subject to the requirements of this Title shall issue a permit or license in conflict with the provisions of this Title; any permit or license issued in conflict with any provision of this Title shall be null and void. Further, no permit or license shall be issued by any department, official, or employee of the City of San Juan Bautista for any building, structure, or use subject to the requirements of this Title on a parcel of land where the department, official, or employee is aware that a violation of this Title exists.

11-01-060 Violations of this Title.

Any person using any building, structure, or parcel of land in violation of any provision of this Title is guilty of a misdemeanor and shall be prosecuted to the fullest extent of the law under Chapter 11-28 SJBMC, Enforcement.

11-01-070 Buildings under construction.

Any use, building or structure for which a planning or building permit has been issued prior to the effective date of the ordinance codified in this Title may be completed and used in accordance with the plans, specifications, and permits on which the permit was granted, if construction is commenced within one (1) year after the issuance of the permit and pursued to completion. No extensions of time shall be granted for commencement of construction.

11-01-080 Severability.

If any chapter, section, subsection, paragraph, sentence, clause, or phrase of this Title is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Title. The San Juan Bautista City Council hereby declares that it would have passed the ordinance codified in this Title, and each chapter, section, subsection, sentence, clause, and phrase thereof, regardless of the fact that any or one (1) or more chapters, sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.

11-01-090 Fees.

The City Council shall establish by resolution, and may amend and revise from time to time, fees for processing the various applications authorized or required by this Title. All fees shall be paid at the time an application is filed, and no processing shall commence until the fee is paid in full.

Legislative History: Ord. 2007-03 (2/20/07).