Chapter 17.01 — GENERAL PROVISIONS

This Zoning Code is adopted pursuant to Article XI, Section 7, of the Constitution of the State of California and in compliance with the requirements of Title 7 of the Government Code, Planning and Zoning Law, for the purpose of promoting the health, safety, and general welfare. [Ord. No. 528, Exhibit D, 9/10/14.]

This Zoning Code shall be known as the “Adelanto Zoning Code.”

[Ord. No. 528, Exhibit D, 9/10/14.]

The purposes of this Zoning Code are:

• (a) To implement the Adelanto General Plan and Adelanto North 2035 Comprehensive Sustainable Plan;

(b) To classify, segregate, restrict, designate, regulate, and encourage the best type, location, and use of buildings, structures, and land;

(c) To limit the intensity, height, number of stories, and size of buildings and other structures hereafter designed, erected, or altered;

(d) To regulate and determine the size of yards and other open spaces;

(e) To regulate and limit the intensity of development;

(f) To facilitate adequate provisions for community facilities, such as transportation, water, sewage, schools, and parks; and

(g) To provide the economic and social advantages resulting from an orderly use of land and its resources.

[Ord. No. 528, Exhibit D, 9/10/14.]

This Zoning Code is intended to provide the legislative framework to enhance and implement the goals, policies, plans, principles, and standards of the Adelanto General Plan and Adelanto North 2035 Comprehensive Sustainable Plan.

[Ord. No. 528, Exhibit D, 9/10/14.]

When projects are determined to be subject to the provisions of the California Environmental Quality Act (CEQA), applications shall be reviewed in accordance with the provisions of this Zoning Code, the California Environmental Quality Act, the CEQA Guidelines, and any environmental guidelines adopted by the City of Adelanto.

[Ord. No. 528, Exhibit D, 9/10/14.]

(a) The provisions of this Zoning Code shall not be interpreted to repeal, amend, modify, alter, or change any other code that is not specifically repealed, amended, modified, altered, or changed.

(b) Nothing in this Zoning Code shall be interpreted to authorize the use of a lot or parcel in any way that is in violation of any other applicable statute, code, or regulation.

(c) When provisions of various adopted codes are different, the more restrictive provisions shall apply, except as the same may be superseded by resolution or ordinance.

(d) The rights granted by any permit, license, or other approval under any ordinance repealed by this Zoning Code shall be continued, but in the future, to the extent permitted by law, such rights shall be exercised in accordance with the provisions of this Zoning Code. [Ord. No. 528, Exhibit D, 9/10/14.]

No person shall use any premises except as specifically permitted by and subject to the regulations and conditions of this Zoning Code. Except as otherwise provided herein, wherever this Zoning Code prohibits the use of premises for a particular purpose, those premises and any improvements on those premises shall not be used for that purpose, and no structure or improvement shall be constructed, altered, or moved onto the premises which is designed, arranged, or intended to be occupied or used for that purpose.

[Ord. No. 528, Exhibit D, 9/10/14.]

For the purposes of carrying out the intent of this Zoning Code, and unless the context clearly indicates another meaning, the following words, phrases, and terms shall have the meaning ascribed to them as follows:

• (a) References in the masculine and feminine genders are interchangeable.

• (b) Unless the context clearly indicates to the contrary, words in the present and future are interchangeable, and words in the singular and plural are interchangeable.

• (c) Unless the context clearly indicates to the contrary the following conjunctions shall be interpreted as follows:

• (1) “And” indicates that all connected items or provisions apply.

• (2) “Or” indicates that the connected items or provisions may apply singularly or in any combination.

• (3) “Either..or” indicates that the connected items or provisions shall apply singularly but not in combination.

• (d) Unless the context clearly indicates to the contrary, other words and phrases shall be construed as set forth in this Chapter.

• (e) The word “City” shall mean the City of Adelanto.

• (f) The word “Council” shall mean the City of Adelanto City Council, the governing body of the City.

• (g) The word “County” shall mean the County of San Bernardino.

• (h) The word “Director” shall mean the Planning Director of the City of Adelanto.

• (i) The word “Planning Commission” shall mean the City of Adelanto Planning Commission.

• (j) The word “shall” is mandatory and not discretionary. The word “may” is permissive and discretionary.

• (k) The word “State” shall mean the State of California.

• (l) The word “use” shall include arrange, design, construct, alter, convert, rent, lease, occupy, or intend to utilize.

• (m) The words “Zoning Code” or “Code” shall be Title 17 of the Municipal Code of the City of Adelanto.

• [Ord. No. 528, Exhibit D, 9/10/14.]

The provisions of this Zoning Code shall be interpreted and applied as the minimum requirements and the maximum potential limits for the protection of the public health, safety, comfort, convenience, and general welfare.

[Ord. No. 528, Exhibit D, 9/10/14.]

Wherever reference is made to any provision of this Zoning Code, or to any other law or ordinance, the reference shall apply to that law or ordinance and any amendments or additions made thereto.\

[Ord. No. 528, Exhibit D, 9/10/14.]

If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Zoning Code 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 Zoning Code. The City Council hereby declares that it would have adopted this Zoning Code and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. [Ord. No. 528, Exhibit D, 9/10/14.]

Unless a violation of this Zoning Code is designated as an infraction, any violation of any provision hereof is declared to be a misdemeanor subjecting the violator to punishment in accordance with the Municipal Code.

[Ord. No. 528, Exhibit D, 9/10/14.]