Article 2 — Scope — Avalon Zoning Code

§ 9-3.201. Minimum Requirements of This Title. ¶

[Ord. 672]

In interpreting and applying the provisions of this title the Planning Commission and/or City Council shall be held to the minimum requirements for the promotion of the public health, safety, comfort, convenience, and general welfare.

§ 9-3.202. Replacement of Other Ordinances. ¶

[Ord. 672]

The provisions of this title shall not be deemed or construed to repeal, amend, modify, alter or change any other ordinance or any part thereof not specifically repealed, amended, modified, altered or changed herein, except in such particulars or matters as this title is more restrictive than such other ordinance, or part thereof, and that in all particulars wherein this title shall remain in full force and effect.

§ 9-3.203. Reference to Any Portion of This Title. ¶

[Ord. 672]

Whenever reference is made to any portion of this title, or of any other law or ordinance, the reference applies to all amendments and additions now or hereafter made.

§ 9-3.204. Compliance with Other Ordinances and Laws. ¶

[Ord. 672]

Nothing in this title shall be construed to authorize the use of any lot or parcel of land in violation of this title or any other applicable statute, ordinance or regulation.

§ 9-3.205. Severability of Any Portion of This Title. ¶

[Ord. 672]

If any provisions or portion of any provision of this title, or the application thereof to any person or circumstances, is held invalid the remainder of the title and the application of such provision to other persons or circumstances shall not be affected thereby.

§ 9-3.206. Continuation of Previously Granted Ordinances. ¶

[Ord. 672]

All exceptions heretofore granted pursuant to the provisions of Ordinance No. 286, as amended, shall be deemed to exist hereafter as variance pursuant to Chapter 9-8 , Article 4 (Variances and Conditional Use Permits), and shall be subject to all the conditions and provisions governing such variances upon the effective date of this title.

§ 9-3.207. Continuation of Previously Granted Permits. ¶

[Ord. 672, as amended by § 1, Ord. 741, eff. July 7, 1983]

All uses authorized by permit, license or other approval heretofore lawfully existing under Ordinance No. 286, as amended, shall continue in effect until revoked or terminated and shall be continued under this title and shall be subject to all conditions governing such permit, license or approval.

§ 9-3.208. Continuation of Existing Nonconforming Uses. ¶

[Ord. 672]

Any use established or conducted, or any building or improvement lawfully existing as a nonconforming use prior to the effective date of this title pursuant to Ordinance No. 286, as amended, shall be deemed to be continued under this title except as noted in Chapter 9-8 , Article 7.

§ 9-3.209. Lawfully Established Uses Made Nonconforming Because of Changes in Standards… ¶

[Ord. 672]

A use which is not in violation of any provisions of this title and is a nonconforming use only because it does not meet the requirements of the standards of development may be changed or expanded as provided in Article 7, Chapter 9-8 , (nonconforming uses) subject to all other provisions of this title or any other ordinance or law.

§ 9-3.210. Procedure Regarding Pending Proceedings. ¶

[Ord. 672]

When prior to the effective date of this title and pursuant to Ordinance No. 286, as amended, an action has been taken under any of the following conditions, such action shall be deemed to have been taken pursuant to the provisions of this title and shall be processed, insofar as possible, in accordance with the provisions of this title: (1) an application has been filed; (2) the Commission has determined on its own initiative to hold a meeting.

§ 9-3.211. License Approval Continued. ¶

[Ord. 672, as amended by § 2, Ord. 741, eff. July 7, 1983]

The rights given by the permit, license or other approval under any ordinance repealed by this title shall continue in effect, except that exercise of such rights shall be subject to the provisions of this title which are not inconsistent therewith.

§ 9-3.212. Violations of Previous Ordinance. ¶

[Ord. 672]

Any use established or conducted, or any building or improvement existing, in violation of Ordinance No. 286, as amended, upon the effective date of this title, shall not be deemed to have acquired the status of a nonconforming use by reason of the adoption of this title, or any provisions thereof. To the extent that such use, building or improvement was a violation of Ordinance No. 286, as amended, or any other ordinance, statute or law, or is in violation of this title, it shall be deemed a continuing violation.

§ 9-3.213. Conviction of Crime Continued. ¶

[Ord. 672]

Any conviction for a crime under any ordinance which is repealed by this title, which crime is continued as a public offense by this title, constitutes a conviction under such repealed ordinance.

§ 9-3.214. Repeals. ¶

[Ord. 672]

Ordinance No. 286, as amended.