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(A) Erection of buildings and structures - Except as hereinafter otherwise provided, land or buildings may be used and structures may be erected or altered only in accordance with the following provisions:
(1) No building shall be erected and no existing building shall be moved, altered or enlarged, nor shall any land, building or premises be used, designed or intended to be used for any purpose or in any manner other than a use listed in this article or amendments thereto, as permitted in the sub-zone in which such land, building or premises is located.
(2) No building shall be erected nor shall any existing building be moved, reconstructed or structurally altered to exceed in height the limit established by this chapter for the sub-zone in which such building is located. Furthermore, all such buildings shall conform to the city building code.
(3) No building shall be erected nor shall any existing building be moved, altered, enlarged or rebuilt nor shall any open spaces surrounding any buildings be encroached upon or reduced in any manner, except in conformity with the building setback requirements established article II or amendments thereto for the sub-zone in which such building is located.
(4) No yard or open space provided adjacent to any buildings for the purpose of complying with the regulations of this chapter, shall be considered as providing a yard or open space for any other building or structure.
(`64 Code, Sec. 37-1.4.0)
(B) Conflicting permits and licenses to be voided - All departments, officials and employees vested with the duty and authority to issue permits or licenses shall act in conformance with the provisions of this article and shall issue no permits or licenses for uses, buildings or purposes in conflict with the provisions of this chapter. Any permit or license issued in conflict with this chapter shall be null and void.
(`64 Code, Sec. 37-1.4.1)
(C) Administrative authority - The director may authorize a representative to carry out any of the duties and responsibilities delegated to the director by this article.
(`64 Code, Sec. 37-1.4.2)
(D) Zoning clearance - Prior to issuance of a building permit, a zone clearance shall be issued by the development services department certifying that the permit or use complies with all provisions of this chapter. A zone clearance shall be required for all building permits other than for interior modifications.
(`64 Code, Sec. 37-1.4.3)
(E) Certificate of occupancy - No structure hereafter erected or altered subject to a building permit shall be occupied or used until a certificate of occupancy has been issued by the director of public works.
(`64 Code, Sec. 37-1.4.4)
(F) Change of business or use - In the event of a proposed change of use for commercial or industrial purposes on a parcel of land, or in a building or portion thereof, no new use shall occupy or use any such parcel of land or building until a zone clearance has been issued for such use or tenancy. A zone clearance shall not be required for a change of residential occupancy except as otherwise required in this chapter.
(`64 Code, Sec. 37-1.4.5)
(G) Violations of ordinances - No certificate of occupancy shall be issued for any occupancy or use which is in violation of any city ordinance or State law.
(`64 Code, Sec. 37-1.4.6)
(H) Nonconforming uses - Zone clearances for nonconforming uses may be issued by the development services department and the certificate shall state that the use is a nonconforming use and does not conform with the provisions of this chapter.
(`64 Code, Sec. 37-1.4.7)
(I) Uses not specifically permitted in stated sub-zones - If a proposed use is not listed as permitted or conditionally permitted, such use shall be assumed to be prohibited unless the city council determines, following recommendations from the commission and a public hearing, that the proposed use is substantially the same as a listed use. (`64 Code, Sec. 37-1.4.8)
(J) Minimum requirements - In interpreting, analyzing and applying the provisions of this chapter unless otherwise stated, the provisions shall be held to be the minimum requirements for promotion of public health, safety, peace and general welfare.
(`64 Code, Sec. 37-1.4.9)
(K) Conflict with other provisions -
(1) Where conflicts occur between the provisions of this chapter, the coastal land use plan, the coastal act and the building code or other regulations in effect within the city, the more restrictive of any such provision shall apply, unless the more restrictive provision is inconsistent with the coastal act. Nothing contained in this chapter shall be deemed to repeal or amend any provision of the city requiring a permit or license or both, for any business, trade or occupation, nor shall anything in this chapter be deemed to repeal or amend the building code. If provisions of this chapter overlap or conflict, the provision more protective of coastal resources shall apply.
(2) This chapter shall not interfere with, abrogate or annul any easement, covenant or other agreement now in effect; provided however, that if this article imposes a greater restriction upon the use of the buildings or land or upon the height of buildings or requires larger open spaces than are imposed or required by other ordinances, rules or regulations or by easements, covenants or agreements, the provisions of this chapter shall apply.
(`64 Code, Sec. 37-1.4.10)
(L) Number of buildings on a residentially zoned lot - Except multiple-family sub-zones, not more than one principal residential building shall be situated on a single lot of record in any residential sub-zone.
(`64 Code, Sec. 37-1.4.11)
(M) Consistency with the general plan and the coastal land use plan - An application approved by any reviewing body must be found to be consistent with the objectives, policies, general land uses and programs of the city general plan and the coastal land use plan. If there are any conflicts between the provisions or land use designations of the coastal land use plan and the general plan, the coastal land use plan shall prevail.
(`64 Code, Sec. 37-1.4.12)
(N) Recordation of easements and dedication - Offers for or the execution of dedications or easements for coastal access, recreation or open space purposes shall be recorded prior to or simultaneously with the recordation of the related land division. Where no land division is involved or required, such easements and dedications shall be recorded prior to the issuance of building permits or initiation of use, whichever occurs first.
(`64 Code, Sec. 37-1.4.14)
(Ord. No. 2034, 2716)