Calaveras County Municipal Code § 17.01.050 Applicability

Title 17 of the Calaveras County Municipal Code shall be known and cited as the "Calaveras County Zoning Code", "zoning code of the county of Calaveras", or "zoning code".

The Calaveras County Zoning Code is adopted pursuant to the authority contained in Section 65850 of the California Government Code.

The purpose of this zoning code is to implement the county's general plan and to protect and promote the public health, safety, peace, comfort, convenience, prosperity, and general welfare. More specifically, the code is adopted to achieve the following objectives:

A. Provide standards for the orderly growth and development of the county, and guide and control the use of land, consistent with the goals and policies of the general plan.

B. To provide a means to classify, and ensure the potential for adequate development of, real property in the unincorporated portion of the county;

C. To ensure that there are adequate services available to meet the needs of residences, business, commerce, recreation and industry;

D. To establish fair, consistent development standards;

E. To provide a means of prompt, fair, project consideration and review.

F. Allow for public participation in government decision-making regarding land use and development in a manner consistent with state law.

G. Define duties and powers of administrative bodies and officers responsible for implementation of the code.

This zoning code implements the goals and policies of the Calaveras County general plan by regulating the use of land and structures within the county. This zoning code and the general plan shall be consistent with one another. Any permit, license, or approval issued pursuant to this zoning code must be consistent with the general plan and all applicable specific plans. In any case where there is a conflict between this zoning code and the general plan, the general plan shall control.

A. Applicability to Property. This zoning code shall apply, to the extent permitted by law, to all property within the unincorporated areas of Calaveras County, including all uses, structures, and land owned by any private person, firm, corporation or organization, or Calaveras County or other local, state or federal agencies. Any governmental agency shall be exempt from the provisions of this zoning code only to the extent that such property may not be lawfully regulated by Calaveras County.

B. Discretionary Approvals. Where this zoning code provides for more discretion on the part of a county official or body, that discretion may be exercised to impose more stringent requirements than set forth in this zoning code as may be necessary to promote orderly land use development and the purposes of this zoning code.

C. Compliance with Regulations. No land shall be used, and no structure shall be constructed, occupied, enlarged, altered, demolished, or moved in any zone, except in accordance with the provisions of this zoning code, including the development and performance standards herein, and any permit issued pursuant hereto. The temporary or transitory nature of a use does not exempt it from this requirement.

D. Conflicting Regulations. The regulations of this zoning code and requirements or conditions imposed pursuant to this zoning code shall not supersede any other regulations or requirements adopted or imposed by the Calaveras County Board of Supervisors, the state of California, or any federal agency that has jurisdiction by law over uses and development authorized by this zoning code. All uses and development authorized by this zoning code shall comply with all other such regulations and requirements. Where conflict occurs between the provisions of the code and any other county ordinance, chapter, resolution, guideline, or regulation, the more restrictive provisions shall control, unless otherwise specified or context so requires.

E. Private Agreements. This zoning code shall not interfere with or annul any recorded easement, covenant, or other agreement now in effect, provided that where this zoning code imposes greater restriction than imposed by an easement, covenant, or agreement, this zoning code shall control. Calaveras County shall not be responsible for monitoring or enforcing private agreements.

F. Prior Ordinance. The provisions of this zoning code supersede all prior ordinances codified in Title 17 of the Calaveras County Municipal Code and any amendments. No provisions of this zoning code shall validate any land use or structure established, constructed, or maintained in violation of the prior zoning code, unless such validation is specifically authorized by this zoning code and is in conformance with all other regulations.

G. Effect on Previously Approved Projects and Projects in Progress.

1. Building Permit. Any building or structure for which a Building Permit has been issued may be completed and used in accordance with the plans, specifications, and permits on which said Building Permit was granted.

2. Previously Approved Land Use Authorization. This zoning code shall not interfere with, repeal, abrogate, or annul any previously granted land use authorization. All allowances, requirements, and conditions of approval of previous land use authorizations shall apply until the applicable review authority specifically repeals the allowance, requirement, or condition.

3. Land Use Authorization in Process. An application for a discretionary land use authorization that has been accepted by the planning department as complete for processing prior to the adoption of this Code or any applicable amendment shall be processed according to the requirements of this zoning code or, upon written request from the project applicant, the prior Code.

H. Application During Local Emergency. The board of supervisors may authorize a deviation from a provision of this zoning code during a local emergency declared and ratified under the Calaveras County Municipal Code. The board of supervisors may authorize a deviation by resolution without notice or public hearing.

The zoning code shall be administered by the Calaveras County Board of Supervisors, Planning Commission, and planning director as established in Chapter 17.26, Planning Authorities.

If any section, subsection, paragraph, sentence, clause, or phrase 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 Calaveras County board of supervisors hereby declares that it would have passed this zoning code, and each section, subsection, sentence, clause, and phrase thereof, regardless of the fact that any or one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.

The board of supervisors shall establish by resolution, and may amend and revise from time to time, fees for processing the discretionary entitlement applications and other permits authorized or required by this zoning code. All fees shall be paid at the time an application is filed, and no processing shall commence until the fees are paid in full.