Calexico Municipal Code § 17.01.140 Establishment of zones

For the purpose of promoting and protecting the public health, safety, and welfare of the people of the city, to safeguard and enhance the appearance and quality of development of the city, and to provide for the social, physical and economic advantages resulting from comprehensive and orderly planned use of land resources, a zoning ordinance defining classifications of zones and regulations within those zones is established and adopted by the city council.

(1992 zoning ord. (part))

The provisions of this title are not intended to abrogate any easements, covenants, or other existing agreements which are more restrictive than the provisions of this title.

(1992 zoning ord. (part))

Whenever the provisions of this title impose more restrictive regulations upon construction or use of buildings or structures or the use of lands or premises than are imposed or required by other ordinances previously adopted, the provisions of this title or rules or regulations promulgated thereunder shall govern.

(1992 zoning ord. (part))

A. In order to classify, regulate, restrict, and separate the use of land, buildings and structures in the various districts and to regulate the areas of yards and other open areas abutting and between buildings and structures and to regulate the density of population, the city is divided into the following zones:

1. Residential Zones.

2. Commercial Zones.

3. Industrial Zones.

4. Special Purpose Zones.

B. Adoption of Zones—Maps. Several zones and boundaries of those zones are established and adopted as shown, delineated and designated on the "official zoning map" of the city of Calexico, Imperial County, California, which map, together with all notations, references, data, zone boundaries, and other information thereon, is made a part hereof and is adopted concurrently herewith.

C. Filing. The original and current official zoning map shall be kept on file with the city clerk and shall constitute the original record. A copy of said map shall be also filed with the planning department.

D. Changes to the Zoning Map. Changes in the boundaries of the zones shall be made by ordinance and shall be reflected on the official zoning map.

(1992 zoning ord. (part))

(Ord. No. 1173, § 2, 10-12-16)

If ambiguity arises concerning the appropriate zone or classification of a particular use within the meaning and intent of this title, or if ambiguity exists with respect to matters of height, yard requirements, area requirements or zone boundaries as set forth herein, it shall be the duty of the planning director to ascertain all pertinent facts and forward said findings and interpretations, to the planning commission for a recommendation and then submit said recommendation to the council. If said recommendation is approved by the council, thereafter such interpretation shall govern.

(1992 zoning ord. (part))

A. Application of Provisions. The provisions of this title governing the use of land, buildings, and structures, the size of yards abutting buildings and structures, the height and bulk of buildings, the density of population, the number of dwelling units per acre, standards of performance, and other provisions are declared to be in effect upon all land included with the boundaries of each and every zone established by this title.

B. Buildings under Construction. Any building for which a building permit has been issued under the provisions of earlier ordinances of the city which are in conflict with this title, and on which substantial construction has been performed by integration of materials on the site before the effective date of the ordinance codified in this title, may nevertheless be continued and completed in accordance with the plans and specifications upon which the permit was issued.

C. Approved Tentative Tract Maps or Tentative Parcel Maps. Any approved tentative tract map or tentative parcel map which has been approved pursuant to the provisions of earlier ordinances of the city and which is in conflict with this title may nevertheless be continued and completed in accordance with the provisions of its approval provided it is completed within the time limit in effect at the time of its approval, without extension of time thereof, and provided it complies with all other ordinances and laws in effect at the time of this approval. Final tract maps may be approved pursuant to this section, and building and other permits may be issued for lots created pursuant to this section consistent with such approval.

(1992 zoning ord. (part))

A. Enforcement by City Officials. The city council, planning commission, city attorney, city manager, building official, planning director, city engineer, public works director, city clerk, and all officials charged with the issuance of licenses or permits, shall enforce the provisions of this title. Any permit, certificate, or license issued in conflict with the provisions of this title shall be void.

B. Actions Deemed a Nuisance. Any building or structure erected hereafter, or any use of property contrary to the provisions of a duly approved development review, variance, conditional use permit, or administrative permit, and/or this title shall be and the same is declared to be unlawful and a public nuisance per se and subject to abatement in accordance with city ordinance.

C. Remedies. All remedies concerning this title shall be cumulative and not exclusive. The conviction and punishment of any person hereunder shall not relieve such persons from the responsibility of correcting prohibited conditions or removing prohibited buildings, structures, signs, or improvements, and shall not prevent the enforced correction or removal thereof.

D. Penalties. Any person, partnership, organization, firm or corporation, whether as principal, agent, employee or otherwise, violating any provisions of this title or violating or failing to comply with any order or regulation made hereunder, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable as provided by city ordinance.

(1992 zoning ord. (part))