TITLE 17:  ZONING
   Chapter
      17.004.   GENERAL PROVISIONS
      17.008.   DEFINITIONS
      17.012.   ZONE DISTRICTS ESTABLISHED
      17.016.   NON-CONFORMING USES AND STRUCTURES
      17.020.   DESIGN REVIEW REGULATIONS
      17.024.   REQUIRED PERMITS
      17.028.   VARIANCES
      17.032.   USE PERMITS
      17.036.   APPEALS AND DIRECTED REFERRALS
      17.040.   GENERAL ZONE REGULATIONS
      17.044.   EXCEPTIONS AND MODIFICATIONS
      17.048.   RESIDENTIAL ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS
      17.052.   OFF-STREET PARKING AND LOADING REQUIREMENTS
      17.056.   TRAFFIC IMPACT PERMIT
      17.060.   RIDGELINE DEVELOPMENT
      17.064.   SIGNS
      17.068.   FLOODPLAINS
      17.072.   HILL AREA RESIDENTIAL DEVELOPMENT OVERLAY ZONE
      17.076.   RS-7.5 SINGLE-FAMILY RESIDENTIAL ZONE, MEDIUM DENSITY
      17.080.   RS-6 SINGLE-FAMILY RESIDENTIAL ZONE, HIGH DENSITY
      17.084.   RD 5.5-7 RESIDENTIAL ZONE, HIGH DENSITY
      17.088.   RM MULTIPLE-FAMILY RESIDENTIAL ZONE
      17.090.   RM-S MULTIPLE-FAMILY RESIDENTIAL - SENIOR - RESIDENTIAL ZONE
      17.092.   CL LIMITED COMMERCIAL ZONE
      17.096.   CH HIGHWAY COMMERCIAL ZONE
      17.100.   CC CENTRAL COMMERCIAL ZONE
      17.104.   CS CENTRAL COMMERCIAL ZONE
      17.108.   CR COMMERCIAL RECREATION ZONE
      17.110.   CANNABIS USES
      17.112.   PDD PLANNED DEVELOPMENT DISTRICT ZONE
      17.116.   SF-RMP SINGLE-FAMILY RESIDENTIAL MASTER PLANNED DISTRICT
      17.120.   A AGRICULTURAL AND CONSERVATION DISTRICT
      17.124.   UR UPLAND RESIDENTIAL ZONE
      17.128.   O-A OPEN AREA ZONE
      17.130.   PD PUBLIC DOMAIN ZONE
      17.132.   WATER CONSERVATION
      17.136.   FLOOR AREA
      17.138   REGULATIONS APPLYING IN MULTIPLE ZONING DISTRICTS
CHAPTER 17.004:  GENERAL PROVISIONS
Section
   17.004.010   Purpose
   17.004.020   Interpretation
   17.004.030   Initiation of amendments
   17.004.040   Amendment; hearing
   17.004.050   Amendment; application filing fee
   17.004.060   Amendment; notice of hearing; generally
   17.004.070   Zone change amendment; notice of hearing
   17.004.080   General amendment; notice of hearing
   17.004.090   Contents of notice
   17.004.100   Amendment; hearing by Planning Commission
   17.004.110   Amendment; decision of Planning Commission
   17.004.120   Amendment; hearing by Council
   17.004.130   Amendment; decision by Council
   17.004.140   Compliance with regulations
   17.004.150   Posting of notices
   17.004.160   Violations deemed nuisance; abatement
   17.004.170   Remedies cumulative
§ 17.004.010  PURPOSE.
   Pursuant to the provisions of Cal. Gov’t Code § 65800, an official land use zoning ordinance for the Town of Fairfax is adopted and established to serve the public health, safety, comfort, convenience and general welfare, and to provide the economic and social advantages resulting from an orderly planned use of land resources, and to encourage, guide and provide for the future growth and development of the town in accord with the Fairfax general plan.
(Prior Code, § 17.02.010)  (Ord. 352, passed - -1973)
§ 17.004.020  INTERPRETATION.
   (A)   In interpreting and applying the provisions of this title, the same shall be construed to be the minimum requirement for the promotion of the public health, safety, comfort, convenience and general welfare.
   (B)   This title shall not be so construed as to interfere with, abrogate or annul any easement, covenant or other agreement.
   (C)   Where this title imposes more stringent restrictions than may be imposed or required by any other ordinance, rule or regulation, or by any easement, covenant or agreement, then the provision of this title shall control.
(Prior Code, § 17.02.020)  (Ord. 352, passed - -1973)
§ 17.004.030  INITIATION OF AMENDMENTS.
   Amendment to this title may be initiated in one of the following manners:
   (A)   By verified application of any interested person or persons;
   (B)   By resolution of intention adopted by the Planning Commission; or
   (C)   By resolution of intention adopted by the Council, which resolution shall be referred to the Planning Commission for hearing.
(Prior Code, § 17.02.030)  (Ord. 352, passed - -1973)
§ 17.004.040  AMENDMENT; HEARING.
   (A)   Upon filing with or adoption by the Planning Commission of any such application or resolution, the Planning Commission shall hold a public hearing thereon and such additional public hearings as the Planning Commission deems necessary.
   (B)   The Planning Commission or its Secretary shall set the time and place for the hearing, which shall be held within 40 days following the filing with, or adoption by, the Planning Commission of the application or resolution.
(Prior Code, § 17.02.040)  (Ord. 352, passed - -1973)
§ 17.004.050  AMENDMENT; APPLICATION FILING FEE.
   (A)   At the time of filing of the verified application mentioned in § 17.004.030(A), the applicant shall pay to the Clerk a filing fee in accordance with the schedule of fees fixed and adopted from time to time by resolution of the Town Council.
   (B)   No part of any fee paid shall be refunded.  The application shall be accompanied by maps, drawings, plot plans and such other information as may be required from time to time by resolution of the Planning Commission or the Town Council.
(Prior Code, § 17.02.050)  (Ord. 352, passed - -1973; Am. Ord. 443, passed - -1978)
§ 17.004.060  AMENDMENT; NOTICE OF HEARING; GENERALLY.
   (A)   For the purpose of this section, any amendment of this title which affects the permitted uses of real property shall be referred to as a “zone change amendment” and any other amendment to this title shall be referred to as a “general amendment.”
   (B)   Any amendment which is a zone change amendment shall be noticed in the manner provided in § 17.004.070.
   (C)   Any general amendment which does not involve a zone change amendment shall be noticed in the manner provided in § 17.004.080 of this chapter.
(Prior Code, § 17.02.060)  (Ord. 352, passed - -1973; Am. Ord. 628, passed - -1994)
§ 17.004.070  ZONE CHANGE AMENDMENT; NOTICE OF HEARING.
   Notice of the time and place of any public hearing on the matter of a zone change amendment to this title shall be given in all of the following ways.
   (A)   Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to the owner of the subject real property or to the owner’s duly authorized agent and to the project applicant.
   (B)   Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to each local agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.
   (C)   (1)   Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to all owners of real property, as shown on the last equalized assessment roll, and to renters within 300 feet of the real property that is the subject of the hearing. The subject property shall be posted by the applicant in a manner described in the Town of Fairfax submittal packet at least 10 days prior to the public hearing.
      (2)   In lieu of utilizing the assessment roll, the town may utilize records of the County Assessor or Tax Collector which contain more recent information than the assessment roll.
   (D)   Notice of the hearing shall be posted at least ten days prior to the hearing in at least three public places within the Town of Fairfax, including one public place in the area directly affected by the proceeding.
(Prior Code, § 17.02.070)  (Ord. 352, passed - -1973; Am. Ord. 628, passed - -1994; Am. Ord. 716, passed 9-6-2006)
§ 17.004.080  GENERAL AMENDMENT; NOTICE OF HEARING.
   Notice of the time and place of any public hearing on the matter of a general amendment to this title shall be given by posting the same at least ten days prior to the hearing in at least three public places within the Town of Fairfax.
(Prior Code, § 17.02.080)  (Ord. 352, passed - -1973; Am. Ord. 628, passed - -1994)
§ 17.004.090  CONTENTS OF NOTICE.
   (A)   The notice shall include the date, time and place of the public hearing, the identity of the hearing body, or officer, a general explanation of the matter to be considered and a general description, in text or by diagram, of the location of the property, if any, that is the subject of the hearing.
   (B)   The notice of hearing shall contain a statement substantially as follows:
“If you challenge the (nature of the proposed action) in court, you may be limited to raising only those issues you, or someone else, raised at the public hearing described in this notice, or in written correspondence delivered to the (public entity conducting the hearing) at, or prior to, the public hearing.”
(Prior Code, § 17.02.085)  (Ord. 628, passed - -1994)
§ 17.004.100  AMENDMENT; HEARING BY PLANNING COMMISSION.
   (A)   The public hearing shall be held at the time and place for which set and noticed.
   (B)   Any hearing may be continued by the majority of members present at any hearing, who may fix a time and place to which the hearing may be continued, even in the absence of a quorum, in which case the presiding officer at the hearing shall publicly announce, prior to the conclusion of the hearing, the time and place to which the hearing is to be continued, and no further notice shall be required.
   (C)   A majority in number of the total voting membership of the Planning Commission shall constitute a legal quorum for the purpose of conducting the hearing.
   (D)   The recommendation of any amendment to this title shall be by resolution of the Planning Commission, carried by the affirmative vote of not less than two-thirds of its total voting membership.
   (E)   The Planning Commission shall have authority to establish any reasonable rules of procedure for the conduct of the hearings.  The Planning Commission may require any person who is to testify before it to be placed under oath, in which case the member presiding at the hearing shall be empowered to administer the oath.
   (F)   The Planning Commission may cause the investigations to be made as it deems necessary and in the public interest in any matter to be heard by it.  The investigation may be made by one or more members of the Planning Commission or by members of its staff or its agents or employees.  The facts established by the investigation may be submitted to the Planning Commission, in writing, to be filed with the records of the matter, or may be presented in testimony before the Planning Commission, and may be considered by the Planning Commission in making its decision.
   (G)   The Planning Commission shall cause a written summary of all pertinent testimony heard at the public hearing, together with a record of the names and addresses of all persons testifying, to be prepared and filed with the papers relating to the matter.
(Prior Code, § 17.02.090)  (Ord. 352, passed - -1973)
§ 17.004.110  AMENDMENT; DECISION OF PLANNING COMMISSION.
   (A)   Within 40 days after conclusion of a public hearing, the Planning Commission shall, by resolution, make its findings, decision and recommendations in the matter.
   (B)   In matters initiated by verified application, failure of the Planning Commission to adopt such a resolution within the 40-day period shall be deemed to constitute a denial of the application.
   (C)   In matters initiated by resolution of the Council, failure of the Planning Commission to adopt such a resolution within the 40-day period shall be deemed to constitute approval of the proposed amendment.
   (D)   In matters initiated by verified application, the Planning Commission shall cause a copy of its resolution to be mailed to the applicant within ten days from the date of adoption thereof.
   (E)   In all matters, if the recommendation of the Planning Commission is to approve the proposed action, it shall cause to be forwarded to the Council within ten days from the date of its action, a copy of the resolution, a copy of the written summary of the testimony and a copy of any recommended amendment.
   (F)   In matters initiated by resolution of the Council, if the recommendation of the Planning Commission is to disapprove the proposed action, its resolution and other papers shall be forwarded to the Council, as provided in division (E) above.
(Prior Code, § 17.02.100)  (Ord. 352, passed - -1973)
§ 17.004.120  AMENDMENT; HEARING BY COUNCIL.
   (A)   Upon receipt of the resolution and other papers mentioned in § 17.004.110(F), the Council or the Town Clerk when so authorized by the Council, shall set a time and place for a hearing on the matter, which shall be held within 40 days following the receipt; provided that, in matters initiated by resolution of the Council, upon which the recommendation or report of the Planning Commission has been unfavorable, the Council may determine to take no further action.
   (B)   Notice of the time and place of the hearing shall be given in the manner as provided in §§ 17.004.070 or 17.004.080, depending upon the nature of the proposed amendment.
(Prior Code, § 17.02.110)  (Ord. 352, passed - -1973; Am. Ord. 628, passed - -1994)
§ 17.004.130  AMENDMENT; DECISION BY COUNCIL.
   (A)   (1)   Within 40 days after the conclusion of the public hearing thereon, the Council shall by resolution make its findings and determination whether or not to adopt the amendment.
      (2)   In matters initiated by verified application, failure of the Council to adopt such a resolution within the 40-day period shall be deemed to constitute a denial.
   (B)   The action of the Council on such matters shall be final; provided that, no change shall be made in any amendment proposed by the Planning Commission until the proposed change has been referred to the Planning Commission for a report and a copy of the report has been filed with the Council; provided that, failure of the Planning Commission to report within 40 days shall be deemed to be approval of the proposed change.
(Prior Code, § 17.02.120)  (Ord. 352, passed - -1973)
§ 17.004.140  COMPLIANCE WITH REGULATIONS.
   (A)   All real property in the town shall be used only as provided for in this title and all owners of property shall observe all regulations prescribed for the zone in which property is located.
   (B)   No building or part thereof or other structure shall be erected and no existing building shall be moved, altered, added to or enlarged, nor shall any land, building, structure or premises be used, designated or intended to be used for any purpose or in a manner, except permitted in the zone in which the building, land or premises is located.
   (C)   No building or structure, or part thereof, shall be erected, and no existing building or structure shall be moved, altered, reconstructed or structurally changed, to exceed in height or area the limit permitted for the zone in which the building or structure is located.
   (D)   No building or structure, or part thereof, shall be erected, nor shall any existing buildings or structure be moved, altered, enlarged or rebuilt, nor shall any open space be encroached upon or reduced in any manner, except in conformity to the yard, building site area and building location regulations designated for the zone in which the building or open space is located.
(Prior Code, § 17.02.130)  (Ord. 352, passed - -1973)
§ 17.004.150  POSTING OF NOTICES.
   (A)   Where specified in the provisions of this title, notices shall be posted in three public places in the town, which places are designated as follows:
      (1)   The bulletin board, Fairfax Post Office;
      (2)   The bulletin board, Council Chambers; and
      (3)   The bulletin board, Town Hall.
   (B)   Notwithstanding the foregoing, when any notice is required by law to be posted in the area directly affected by the proceeding, the required notice shall also be posted in the area.
(Prior Code, § 17.02.140)  (Ord. 352, passed - -1973; Am. Ord. 628, passed - -1994)
§ 17.004.160  VIOLATIONS DEEMED NUISANCE; ABATEMENT.
   (A)   Any building or structure erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this title, and any use of any land, building or premises established, conducted, operated or maintained contrary to the provisions of this title, is declared to be unlawful and a public nuisance.
   (B)   Any act or condition declared to be unlawful and a public nuisance pursuant to this section shall, upon order of the Council, by appropriate proceedings begun by the Town Attorney, be abated, removed or enjoined in the manner prescribed by law.
(Prior Code, § 17.02.150)  (Ord. 352, passed - -1973)
§ 17.004.170  REMEDIES CUMULATIVE.
   The remedies mentioned in § 17.004.160 shall be cumulative and not exclusive.
(Prior Code, § 17.02.160)  (Ord. 352, passed - -1973)