Chapter 28 — ZONING.[[1]]

Footnotes:

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Editor's note— Ord. No. 503, adopted Dec. 16, 2014, amended Ch. 28 in its entirety to read as herein set out. Former Ch. 28, §§ 28-1—28-106, pertained to similar subject matter and derived from Ord. No. 301, §§ 1.1, 1.2, 2.201—2.555, 3.1—3.6, 5.1—5.23, 6.1—6.5, 7.1—7.15, 8.1—8.7, 9.1—9.6, 10.1, 10.2; Ord. No. 307, § 1; Ord. No. 317, §§ 1—6, 8, 9; Ord. No. 331, § 1, Ord. No. 348, § 1; Ord. No. 374, § 1; Ord. No. 380, § 1; Ord. No. 385, §§ 1, 2; Ord. No. 389, § 1; Ord. No. 409, §§ 1, 2; Ord. No. 412, § 1; Ord. No. 468, § 1; Ord. No. 473, § 1.

ARTICLE I. - INTRODUCTION DIVISION 1. - ENACTMENT AND APPLICATION

Chapter 28 of the City Code of the City of Alturas shall be known, cited, and referred to as the City of Alturas Zoning Ordinance or "Zoning Ordinance."

This Zoning Ordinance is enacted to implement the City of Alturas General Plan by classifying and regulating the uses of land and structures within the incorporated area of the City of Alturas, and to protect and promote the public health, safety, comfort, convenience, prosperity and general welfare of the residents and businesses in the City.

(Ord. No. 503, 12-16-2014)

28.10.020 - Authority and relationship to general plan.

A.

Authority. This chapter is adopted based on the authority vested in the City of Alturas by the State of California, including but not limited to the State Constitution, Section 65800 et seq. of the California Government Code, the California Environmental Quality Act, the Subdivision Map Act, Housing Act, and applicable provisions of the Health and Safety Code.

B.

Relationship to General Plan. This chapter is hereby adopted and shall be maintained so as to be consistent with the City of Alturas General Plan in conformance with California Code Section 65860. Any

land use or development approved according to the requirements of this chapter shall be consistent with the General Plan.

C.

Resolving Conflicts with the General Plan. Where an inconsistency is discovered between the General Plan and the zoning designation for a lot, the General Plan designation shall govern and the inconsistency is hereby recognized to constitute a mapping error. It shall be the responsibility of the City to correct any such mapping error within 180 days from the date the inconsistency is discovered. The correction of a mapping error shall be exempt from the City's customary application and processing fees.

(Ord. No. 503, 12-16-2014)

A.

Responsible Bodies and Individuals. This chapter shall be administered by:

1.

The City of Alturas City Council, hereafter referred to as the Council;

2.

The Planning Commission, hereafter referred to as the Commission;

3.

The Director of Public Works Department, or his or her designee, hereafter referred to as the Director;

4.

The Public Works Department hereafter referred to as the Department.

B.

Responsibility and Authority of the Director. The duties and responsibilities of the Director are those enumerated in Article VI of this chapter, and other ordinances of the City Code. Whenever this chapter refers to the Director, it is expressly understood to include Department staff acting under the direction and control of the Director, and whenever this chapter refers to the Department it is expressly understood to describe Department staff acting under the direction and control of the Director.

C.

Rules of Application. This chapter shall be applied in the following manner:

1.

Minimum Requirements. The provisions of this chapter shall be deemed to be the minimum standards unless stated otherwise (for example, maximum building height or maximum density). These standards

shall apply to all buildings, structures and uses, except where this chapter provides for the exercise of discretion or where a Variance is granted pursuant to Section 28.52.050.

2.

Conflicting Provisions Between City Ordinances and Laws. If conflicts occur between different requirements of this chapter, or between provisions of this chapter and requirements imposed by other provisions of the City Code or other laws and regulations adopted by the City, the more stringent development requirement or greater restriction on the use of land or buildings shall apply.

3.

Single Lot Containing Multiple Zones. Where the boundaries of the zone district do not follow property line boundaries, a single lot may contain multiple zones. In that event, the City shall first determine if the zone boundary appears to be the result of a mapping error. In that case, the mapping error shall be resolved as provided in Subsection 5 below.

Where the City determines that a mapping error has not occurred, the uses of the lot shall be consistent with the zone as shown for the portion of the lot on which the use is proposed. Multiple uses of a lot with multiple zones are expressly allowed consistent with the requirements of each zone. Any uncertainty as to the boundaries of each zone within the lot shall be determined pursuant to Subsection 4 below.

4.

Map Boundaries. Where the boundaries of any zone shown on the Zoning Maps are uncertain, the following rules shall apply to resolve the uncertainty:

a.

Where a zone boundary approximately follows a lot line, or road or street, such lot line or the centerline of the road or street shall be construed to be the boundary.

b.

Where a zone boundary approximately follows a stream or river, ridge line or other distinct geographic or topographic feature, such stream or geographic feature shall be construed to be the boundary.

c.

If a zone divides a lot, and the boundary line location is not otherwise designated, the location of the boundary shall be determined by the use of the scale appearing on the zoning map.

5.

Map Corrections. Where a zone boundary is clearly in error, the Director shall cause the error to be corrected within 60 days of its discovery. The correction shall be based on historical data, prior zoning maps, clear legislative intent, and other available information. The correction shall be documented in a "Director Determination" letter, which shall be circulated as an informational item to the Commission, and

filed as a Director Determination Letter in accordance with Section 28.11.010 prior to corrective action being taken.

Where the record is unclear, the zoning shall be reviewed by the Commission to determine if the map is in error. If, after review of the record, the Commission finds that the map is in error, they shall adopt a Planning Commission Determination Letter, which shall be filed in accordance with Section 28.11.010 prior to corrective action being taken.

(Ord. No. 503, 12-16-2014)

28.10.040 - Applicability of Zoning Ordinance.

A.

Area of Applicability. The provisions of this chapter shall apply to all lands within the incorporated area of the City of Alturas except as provided in Subsection B.

B.

Exemptions from Zoning Ordinance Requirements. The provisions of this chapter do not apply to the following activities, uses, and structures, except where provisions of a memorandum of understanding between the City and another governmental agency provide for City land use regulatory authority:

1.

Activities of the Federal Government on federally owned or leased land.

2.

Activities of the State of California or any agency of the State on State owned or leased land.

3.

Activities of a local agency, as defined in California Government Code Section 53090, as provided in Section 53091 et seq.

4.

The location and construction of facilities for water and electrical energy as provided in Government Code Section 53091.

5.

Tribal lands not subject to the jurisdiction of the City.

6.

Existing and future preemptions of local land use authority resulting from State Law.

C.

Effect of Zoning Ordinance Changes on Projects in Progress. The enactment of this chapter or amendments hereto may have the effect of imposing different standards on development or new uses from that which previously applied. Following the effective date of this chapter the following provisions shall apply:

1.

Pending Applications. Applications which have been determined by the Department to be complete in compliance with Government Code Section 65943 before the effective date of this chapter, or any amendment hereto, shall comply with the provisions of the ordinance in effect on the date that the application was deemed complete.

2.

Approved Applications. Applications approved prior to the effective date of this chapter, or any amendment hereto, may be constructed or used in accordance with the conditions of approval therefore; provided, however, approval of any extension shall be governed by the provisions of Subsection 3 below.

3.

Time Extensions. An approval of an extension of time for an approved application may be conditioned to comply with the provisions of this chapter in effect when the application for time extension is deemed complete in compliance with Government Code Section 65943 where necessary to comply with state and federal law or to protect public health and safety.

4.

Subdivisions. Except as provided in Government Code Section 66498.1, the provisions of this chapter shall apply to the creation of lots authorized by an approved tentative map or tentative parcel map even if it is deemed complete prior to the effective date of this chapter. Consequently, the subsequent development of lots shall meet the provisions of this chapter in effect at the time that such subsequent development occurs unless provisions of an application under Subsections 1 and 2 apply.

D.

Private Agreements. The Zoning Ordinance is not intended to interfere with, repeal, abrogate, or annul any easement; covenant; deed restriction; Covenants, Conditions, and Restrictions (CC&Rs); or other agreement between private parties. Where conflict occurs between the Zoning Ordinance and a private agreement, the City shall follow the Zoning Ordinance. The City shall not be responsible for monitoring or enforcing private agreements.

(Ord. No. 503, 12-16-2014)