Chapter 9.02 — GENERAL PROVISIONS

Sections:

9.02.010 Adoption. 9.02.020 Purposes and objectives. 9.02.030 Short title. 9.02.040 Components. 9.02.050 Authority. 9.02.060 Relationship to the General Plan. 9.02.070 Relationship to specific plans. 9.02.080 Relationship to design guidelines. 9.02.090 Relationship to other titles of the Municipal Code. 9.02.100 Conflict between other regulations. 9.02.110 Application. 9.02.120 Enforcement. 9.02.130 Issuance of permits, certificates, and licenses.

There is adopted, as provided in this title, a Zoning Ordinance for the City of Avenal, State of California, which is a part of the Avenal Municipal Code.

The Zoning Ordinance is adopted to preserve, protect, and promote the public health, safety, peace, comfort, convenience, prosperity, and general welfare of the citizens of Avenal. More specifically, the Zoning Ordinance is adopted to achieve the following objectives:

• A. Provide a zoning map and associated regulations to guide the physical development of Avenal in such a manner as to progressively achieve the general arrangement of the land uses described and depicted in the Avenal General Plan.

• B. Provide the economic and social advantages resulting from an orderly planned use of land resources.

• C. Guide development so that it is consistent with the City of Avenal General Plan and promotes good design by adhering to accepted standards.

• D. Prescribe and apply zoning districts of a number, size, and location deemed necessary to carry out the purposes of the City of Avenal General Plan and this Ordinance.

• E. Coordinate policies and regulations of the City of Avenal with regard to the use of land with such policies and regulations of the County of Kings in order to facilitate the transition from county to municipal jurisdiction.

• F. Maintain and protect the value of property.

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• G. Ensure the provision of adequate open space for light, air, and recreation.

• H. Promote the economic stability of existing land uses that conform to the General Plan and protect them from intrusions by inharmonious or harmful land uses.

• I. Permit the development of agricultural, residential, office, commercial, and industrial land uses in accordance with the General Plan to strengthen Avenal’s economic base.

• J. Protect the character of Avenal’s downtown and its residential neighborhoods.

• K. Maintain and enhance significant environmental resources.

• L. Protect agricultural producers in areas of planned urban expansion.

• M. Provide for the enforcement of the regulations of this Ordinance.

• N. Provide the private sector with a document upon which it can base investment decisions.

• O. Inform the public where certain types of development will occur in the community as well as the development standards to which they will develop.

This title shall be known as the “Zoning Ordinance.” The words “Code” and “Ordinance” as used in this title, shall have the same meaning.

The Zoning Ordinance shall consist of a zoning map designating certain districts and a set of regulations controlling land uses, population density, structures’ uses and locations, and the height and bulk of structures. It shall also consist of the open spaces about structures; the appearance of certain uses and structures; the areas and dimensions of sites; the location, size, and illumination of signs; the number and design of off-street parking and off-street loading facilities; and the process for approving discretionary land use actions.

This title is adopted pursuant to the provisions of the Planning and Zoning Law, Title 7 of Government Code Section 65000 of the State of California.

The Zoning Ordinance is the primary tool used to implement the goals and policies contained within the General Plan. All matters governed by this title shall substantially conform to the General Plan’s purposes, intent, or provisions. Any recommendations for zone changes, if found to be not in conformance with the General Plan and its phrasing, shall not be permitted unless it is also found that the General Plan is in error or in need of change. In this situation, the General Plan must also be amended to maintain consistency between the General Plan and the Zoning Ordinance.

Specific plans are designed to meet the requirements of the State Government Code and the General Plan. All uses, buildings, or structures located within a specific plan area shall comply with the provisions of the applicable specific plan. Where such provisions conflict with the Zoning Ordinance, the requirements of the adopted specific plan shall take precedence over the Zoning

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Ordinance. In instances where the specific plan is silent, the provisions of the Zoning Ordinance shall prevail.

Design guidelines, which can be adopted by the City Council, are intended to supplement the general design and development regulations located in the Zoning Ordinance. Design guidelines represent the City’s preferences and provide examples of appropriate, quality design that positively contribute to the character of the community, but they are not intended to preclude alternatives or restrict imagination. In the event there is a conflict between the Zoning Ordinance and the design guidelines, the regulations in the Zoning Ordinance prevail.

No provision of this title is intended to abrogate, repeal, annul, impair, or interfere with any existing ordinance of the City. Where this title imposes greater restrictions or regulations than are imposed or required by an existing ordinance, deed restriction, covenant, easement, or agreement between parties, this title shall control.

Any conflicts between the requirements of this title or between this title and other regulations shall be resolved as follows:

• A. In the event of any conflict between the provisions of this title, the most restrictive requirement shall control.

• B. In the event of any conflict between the requirements of this title and standards adopted as part of any development agreement or specific plan, the requirements of the development agreement or specific plan shall control.

• C. In the event of any conflict between the requirements of this title and other regulations of the City, the most restrictive requirement shall control, as determined by the City.

• D. It is not intended that the requirements of this title shall interfere with, repeal, abrogate, or annul any easement, covenant, or other development agreement that existed when this Zoning Ordinance became effective. This Zoning Ordinance applies to all land uses and development regardless of whether it imposes a greater or lesser restriction on the development or use of structures or land than an applicable private agreement or restriction, without affecting the applicability of any agreement or restriction. The City will not enforce any private covenant or agreement unless the City is a party to the covenant or agreement. Where a requirement of a private covenant or agreement directly conflicts with a requirement in this title, the City will enforce the requirements of this title.

To the extent permitted by applicable law, this title shall apply to all property, whether owned by private persons, firms, corporations, or organizations; by the United States of America or any of its agencies; by the State or any of its agencies or political subdivisions; by any county or city, including the City of Avenal, or any of its agencies; or by any authority or district organized under the laws of the State, except for exemptions specifically allowed by State and federal law or amendments thereto.

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The provisions of this title shall be enforced in accordance Chapter 9.94 of this title and with Chapter 2 of Title 1 of the Avenal Municipal Code.

• A. All officials, departments, and employees of the City vested with the authority or duty to issue permits, certificates, or licenses shall comply with the provisions of this title and the rest of the Avenal Municipal Code and shall issue no permit, certificate, or license that conflicts with the provisions of this title. Any permit, certificate, or license issued in error that is in conflict with the provisions of this title shall, upon its issuance, be void.

• B. A business license for any new business or for a new location for any existing business activity shall not be issued until the Director or designee has determined that the conduct of the business activity is not in violation of any provision of this title.

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