A. Title: This title shall be known as the LEMOORE ZONING CODE, hereafter referred to as the zoning code.
B. Purpose Of The Zoning Code: This title establishes regulations governing the development and use of land in accordance with the city of Lemoore general plan (general plan) in a manner that protects the public health, safety, comfort and convenience, and welfare of residents and businesses of Lemoore. The zoning code provides information to facilitate the efficient review of development proposals, while providing opportunity for public review and comment for proposals that may have a significant impact on the community. Further, the zoning code:
1. Supports the general plan's goals, policies, and land use framework through:
a. Compact urban form as depicted on the general plan land use diagram;
b. Promotion of small town character;
c. Accommodation of economic development and jobs through adequately zoned properties;
d. Integration of neighborhoods and neighborhood centers;
e. Enhancement of community character and aesthetics;
f. Promotion of an interconnected network of open space and parks;
g. Support for a complete roadway system;
h. Promotion of a range of commercial and retail opportunities; and
i. Support for adequate, flexible school sites.
2. Creates a comprehensive and stable pattern of land uses to help ensure the provision of adequate water, sewage, transportation, drainage, parks, open space, and other public facilities and services.
3. Protects and promotes appropriately located commercial and industrial activities in order to preserve and strengthen the city's economic base.
4. Fosters a wholesome, serviceable, and attractive living environment, the beneficial development of areas that exhibit conflicting patterns of use, and the stability of existing land uses that conform with objectives, policies, principles, and standards of the general plan.
5. Provides a guide for the prezoning of properties within the sphere of influence in conjunction with the potential annexation proceedings, as provided by law.
6. Conserves and protects the city's natural resources and features such as canals, significant trees, and historic and environmental resources in accordance with the policies of the general plan.
7. Requires that permitted uses and development provide reasonable protection from fire, flood, landslide, erosion, or other manmade or natural hazards.
8. Ensures compatibility between residential and nonresidential development and land uses.
D. Applicability Of Regulations: This title applies to all land uses, structures, subdivisions, and development within the city of Lemoore, including:
1. Relationship To Prior Code: The provisions of this title, as it existed prior to the effective date of the ordinance enacting this title, are repealed and superseded as provided in ordinance 2013-05. 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 its repeal by ordinance 2013-05.
2. Prior Rights And Violations: The enactment of this title shall not terminate or otherwise affect vested land use development permits, approvals, or agreements authorized under the provisions of any ordinance, nor shall violation of prior ordinance be excused by the adoption of this title.
3. New Or Altered Land Uses Or Structures: Compliance with this title is required to lawfully establish, construct, reconstruct, alter, or replace any use of land or structure.
4. Land Use Permits (Entitlements): Land use permits are required when a "development" as defined by this title is proposed. No person shall initiate a development requiring a land use permit, and the city shall not issue any other permit related to the development, until a land use permit has been approved and the appeals period has expired.
5. Existing Uses And Structures: An existing land use or structure is lawful only when it was legally established and is operated and maintained in compliance with all applicable provisions of this code. A land use or structure that was lawfully established before this title was enacted, or before enactment of any applicable amendment to this title, may continue except as provided in chapter 2, article C, "Nonconforming Uses, Structures, And Properties", of this title. No expansion or modification to a preexisting legal nonconforming use or structure shall be permitted except as allowed by chapter 2, article C, "Nonconforming Uses, Structures, And Properties", of this title.
6. Minimum Requirements: The provisions of this title shall be the minimum to ensure the public health, safety, and welfare. For discretionary actions, city officials or bodies have the ability to impose more stringent requirements than set forth in this title as may be necessary to promote orderly land use development.
7. Effect Of Zoning Code Changes On Projects In Process: The enactment of this title or amendments to its requirements may have the effect of imposing different standards on new land uses, development, and/or structures than those that applied to existing land uses, development, and/or structures. Following the effective date of this title, or any amendments to this title, the following provisions shall apply:
a. Pending Applications: All land use permit applications that are active and that have been determined by the planning department to be complete before the effective date of this title or any amendment, will be processed according to the regulations in effect when the application was accepted as complete.
b. Approved Projects Not Yet Under Construction: Any structure authorized by a conditional use permit, site plan and architectural review, temporary use permit, or variance, for which construction has not begun as of the effective date of this title or any amendment, may still be constructed in compliance with the approved permit, as long as construction is completed and the approved land use is established before the expiration of the permit or, where applicable, before the expiration of any approved time extension.
c. Projects Under Construction: A structure that is under construction pursuant to a valid building permit on the effective date of this title or any amendment, may be completed and need not be changed to satisfy any new or different requirements of this title as long as construction is beyond the approval of the first inspection on the effective date of this title or any amendment, and provided that construction is diligently pursued to completion. Such a structure shall be deemed to be a lawfully existing building.
8. Conflicting Requirements: Wherever conflict occurs between the provisions of this title and any other provision of law, the more restrictive of any such provisions shall apply.
a. Municipal Code Provisions: If conflicts occur between requirements of this title and other portions of the municipal code, or between this title and other plans and policies adopted by the city, the most restrictive shall apply.
b. General Plan: If conflict occurs between the requirements of this title and the adopted city general plan, the requirements of the general plan shall govern.
c. Specific Plan: If conflict occurs between the requirements of this title and any adopted specific plan, the requirements of the specific plan shall govern.
d. Development Agreements: If conflicts occur between the requirements of this title and standards adopted as part of any development agreement, the requirements of the development agreement shall govern.
e. 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 (for example, CC&Rs) without affecting the applicability of any agreement or restriction. The city shall not enforce any private covenant or agreement unless it is a party to the covenant or agreement.
9. 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.
10. Public Nuisance: Neither the provisions of this title nor any permit or other approval authorized by this title shall authorize the maintenance of any public nuisance as defined in the municipal code.
11. Code Violations: No development shall be permitted and no permits shall be issued for the division, improvement, or use of land that has been divided or otherwise developed in violation of this title.
12. Severability: If any portion of this title is for any reason held by a court of competent jurisdiction to be invalid, unconstitutional, or unenforceable, such decision shall not affect the validity of the remaining portions of this title. The city council hereby declares that this title and each chapter, article, section, subsection, paragraph, subparagraph, sentence, clause, phrase, and portion thereof is adopted, irrespective of the fact that one or more portions of this title may be declared invalid, unconstitutional, or unenforceable. (Ord. 2013-05, 2-6-2014)
Notes
| 1 | 1. GOV § 65000 et seq. |
| 2 | 2. PRC § 21000 et seq. |