§ 81.01.050  Applicability of Development Code.
   This Development Code applies to all land, land uses, activities, structures, subdivisions, and development within the unincorporated areas of the County of San Bernardino, as provided by this Section.
   (a)   New Land Uses or Structures, Changes to Land Uses or Structures.  Compliance with the requirements of this Development Code is necessary in order for a person to lawfully establish, occupy, maintain, construct, reconstruct, alter, expand or replace any pertinent use of land or structure.
   (b)   Issuance of Building or Grading Permits.  The Building Official may only issue building, grading, or other construction permits after all applicable requirements of this Development Code, and all other applicable statutes, ordinances and regulations have been met.
   (c)   Subdivision of Land.  Any subdivision of land proposed within the County shall be consistent with:
      (1)   The minimum lot size requirements of Tables 82-4A, B, and C (Agricultural and Resource Management Land Use Zoning District Minimum Lot Size), Tables 82-8A, B, and C (Residential Land Use Zoning District Minimum Lot Size), Tables 82-12A, B, and C (Commercial Land Use Zoning District Minimum Lot Size), and Tables 82-18A, B, and C (Industrial and Special Purpose Land Use Zoning District Minimum Lot Size);
      (2)   Division 9 (Subdivisions); and
      (3)   All other applicable requirements of this Development Code.
   (d)   California Environmental Quality Act (CEQA).  All development projects subject to discretionary review shall also be subject to environmental review in compliance with the California Environmental Quality Act (CEQA).
   (e)   Effect of Development Code.  An existing land use is lawful only when it was legally established in compliance with all regulations applicable at the time the use was established and when it is operated and maintained in compliance with all applicable provisions of this Development Code, including Chapter 84.17 (Nonconforming Uses and Structures).
   (f)   Relationship to General Plan.  All of the provisions of this Development Code, as well as any land use authorized by this Development Code, shall be consistent with the San Bernardino County General Plan, which is the overall policy document of the County, hereafter referred to as the “General Plan.” This Development Code and the Land Use Map portion of the General Plan are the primary tools used by the County to implement the goals, objectives, policies, and strategies established in the General Plan.
   (g)   Relationship to Other Regulations, Easements, Etc.  Where this Development Code imposes a greater restriction upon the uses or design of structures or land, or upon the height of structures, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or by easements, covenants, or agreements, the provisions of this Development Code shall control.
   (h)   Minimum Requirements.  The provisions of this Development Code constitute minimum requirements for the promotion of public health, safety, and welfare, unless stated otherwise (for example, height limits and parcel coverage requirements for structures, and the numbers and sizes of signs allowed are maximums, not minimums). When this Development Code provides for discretion on the part of a County official or body, that discretion may be exercised to impose more stringent requirements where they are deemed necessary to promote public health and safety, orderly land development and all other purposes of this Development Code.
   (i)   Conflicts with Development Code or General Plan.  County-issued licenses or permits for uses or structures that conflict with the provisions of this Development Code or the General Plan  shall be null and void and shall not support any claim to a vested right to develop. See also § 81.02.020 (Rules of Interpretation).
   (j)   Uses or Activities Exempt under State or Federal Law.  The provisions of this Development Code shall not apply to any uses or activities that are exempt from local regulation under or preempted by State or Federal law.
   (k)   Other Requirements May Apply.  Nothing in this Development Code eliminates the need for obtaining any permit, approval, or entitlement required by other provisions of the County Code or complying with the regulations of any County department, or any regional, Special Districts, State, or Federal agency.
(Ord. 4011, passed - -2007)