Chapter 19.01 — PURPOSE AND EFFECT OF LAND USE AND DEVELOPMENT REGULATIONS

This title is and may be cited as the City of Chico Land Use and Development Regulations, Title 19 of the Chico Municipal Code, hereafter referred to as "Regulations."

(Ord. 2185)

A. The purpose of the city in enacting, amending, and administering these Regulations is to promote and protect the public health, safety, and general welfare by adopting a Zoning Map (Section 19.01.040) and regulations generally providing for:

1. The classification of areas of the city, including future annexations, into several zoning districts;

2. The protection of the established character of the various zoned areas within the city and orderly development by regulating the uses of land, and the location, size, and character of structures or improvements erected or placed on the land, including alterations or additions to existing structures or improvements;

3. The implementation of the policies and goals in the Chico General Plan to achieve the arrangement of uses described in that plan and foster convenient, compatible, and workable relationships among these land uses;

4. The promotion of economic stability of existing land uses consistent with the economic development policies of the General Plan;

5. The preservation and enhancement of environmental resources and sensitive natural habitats, consistent with the resource management policies of the General Plan; and

6. The fostering of development patterns that promote energy conservation and efficient land use, and offer alternatives to automobile use by establishing densities and intensities that provide transit feasibility, and thereby also provide air quality benefits.

B. Consistent with subsection A, above, it is not the purpose of the city in enacting, amending, and administering these Regulations to:

(5/16/13) 1. Create vested rights in any person as to any particular use, density or intensity of use, or occupancy of real property, or as to any particular classification of an area into a particular zone district;

2. Affect the marketability or market value of any property;

3. Vest in the owner of any property or property interest any claim of ownership of any kind as to any component of the market value of such property or property interest claimed to be created, increased, decreased or eliminated as a result of the enactment, amendment or administration of these Regulations; or

4. Entitle any person to compensation from the city as to any damages alleged to result directly or indirectly from the enactment, amendment or administration of these Regulations.

(Ord. 2185, Ord. 2312 §28)

A. Authority, Legislative Intent. These Regulations are adopted by the City of Chico as a Charter City, in compliance with the home rule provisions of the City Charter.

B. General Plan Consistency. The City of Chico uses these Regulations as the primary tool to carry out the goals, objectives, and policies of the Chico General Plan. These Regulations are consistent with the Chico General Plan, and any land use, subdivision, rezone, or development approved in compliance with these Regulations will also be consistent with the General Plan.

(Ord. 2185)

The Council hereby adopts the City of Chico Zoning Map (hereafter referred to as the “Zoning Map”) and the Chico Municipal Airport Zoning Map (hereafter referred to as the “Airport Zoning Map”), which are on file with the City of Chico community development department.

A. Inclusion by Reference. The Zoning Map, and Airport Zoning Map, together with all legends, symbols, notations, references, zoning district boundaries, map symbols, and other information on the maps, have been adopted by the Council and are hereby incorporated into these Regulations by reference, together with any amendments previously or hereafter adopted, as though they were fully included here.

B. Zoning District Boundaries. The boundaries of the zoning districts established by Section 19.40.010 shall be shown upon the Zoning Map.

• C. Relationship to General Plan. The Zoning Map shall implement the General Plan, specifically including the General Plan Diagram.

D. Map Amendments. Amendments to the Zoning Map shall follow the process established in Chapter 19.06 (Amendments to Plans and Zoning).

E. Zoning Map Interpretation. The Zoning Map and Airport Zoning Map shall be interpreted in compliance with Section 19.02.020-D (Zoning Map Boundaries).

(Ord. 2185, Ord. 2364 §373, Ord. 2439 §168)

These Regulations apply to all land uses, subdivisions, and development within the City of Chico. No structure shall be erected, constructed or reconstructed, altered, converted, enlarged, or located, nor shall any structure or land be used other than in compliance with this section and all other applicable provisions of these Regulations.

A. New Land Uses and Structures. Compliance with all of the following requirements is necessary for any person or public agency to lawfully establish a new land use or structure. (The alteration or replacement of an existing land use or structure shall comply instead with Subsection D.)

1. Allowable Use. The proposed use of land shall be allowed by Division IV of these Regulations (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) within the zoning district that applies to the site.

2. Land Use and Zoning Permit/Approval Requirements. Any land use entitlement or other approval required by these Regulations shall be obtained before a proposed use is constructed, otherwise established, or put into operation, unless the proposed use or activity is one of the following, which are allowed in all zoning districts in compliance with

the following requirements. See also Section 19.08.030 regarding repairs to nonconforming structures. This section does not negate the necessity for obtaining other City, local, State, or Federal approvals, including building permits. a. Decks, Paths, and Driveways. Decks, platforms, on-site paths, and driveways that are not required to have building or grading permits by Title 16 (Buildings and Construction) of the Municipal Code, and are not over 18 inches above natural grade and not over any basement or story below.

b. Emergency Activities. Construction or land uses established to respond to situations of public emergencies, as determined by the City Manager.

c. Fences. Fences are exempt from land use entitlement requirements as determined by Section 19.60.060 (Fencing and screening).

• d. Irrigation. The installation of irrigation lines.

e. Interior Remodeling. Interior alterations that do not result in an increase in the number of rooms or the gross floor area within the structure, or a change in the allowable use of the structure.

f. Repairs and Maintenance. Ordinary repairs and maintenance, if the work does not result in any change in the approved land use of the site or structure, or the addition to, enlargement of, or expansion of the structure.

g. Retaining Walls. Retaining walls (retaining earth only) that result in grade changes of 18 inches or less and are not required by Chapter 16.22 et seq. (Grading Regulations) of the Municipal Code to have a grading permit.

h. Solar Collectors. The addition of solar collection systems to the roofs of existing structures, provided that the collectors are located in compliance with Section 19.60.100 (Solar energy development standards).

i. Spas, Hot Tubs, and Fish Ponds. Spas, hot tubs, ponds, and similar facilities that do not exceed 120 square feet in total area, including related equipment, contain more than 2,000 gallons of water, or exceed 3 feet in depth. j. Utilities. The erection, construction, alteration, or maintenance by a public utility or public agency of underground or overhead utilities (such as electric, gas, sewer, telecommunications, or water systems, including wires, mains, drains, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants), but not including structures, shall be permitted in any zoning district, provided that the route of any electrical transmission line(s) having the potential of 50,000 volts or more shall be subject to Council review and approval prior to acquisition of rights-of-way. Satellite and cellular telephone antennas are subject to Section 19.76.160 (Telecommunications facilities).

3. Development Standards. The proposed use of land or structures shall satisfy all applicable requirements of these Regulations, including minimum lot area, height limits, required yard and street setbacks, residential density, and sign standards.

B. Subdivision of Land. Any subdivision of land within the City occurring after the effective date of these Regulations shall be consistent with the minimum lot size requirements of Division IV (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), all other applicable requirements of these Regulations, and all applicable provisions of Title 18 (Subdivisions) of the Municipal Code.

C. Continuation of an Existing Land Use. An existing land use is lawful and not in violation of the Municipal Code only when operated and maintained in compliance with all applicable provisions of these Regulations. However, the requirements of these Regulations are not retroactive in their effect on a land use that was lawfully established before these Regulations or any applicable amendment became effective. See Chapter 19.08 (Nonconforming Structures, Uses, and Parcels) for provisions applicable to nonconforming uses.

D. Alteration or Expansion of an Existing Land Use or Structure. Alteration, expansion, or modification of an existing land use or structure shall comply with all applicable provisions of these Regulations, specifically including Chapter 19.08 (Nonconforming Structures, Uses, and Parcels). New construction which increases the square footage of an existing structure or a new or changed land use which would increase the required number of parking spaces by three or more additional parking spaces shall comply with applicable standards within Title 19.

ith all applicable provisions of these Regulations, specifically including Chapter 19.08 (Nonconforming Structures, Uses, and Parcels). New construction which increases the square footage of an existing structure or a new or changed land use which would increase the required number of parking spaces by three or more additional parking spaces shall comply with applicable standards within Title 19.

E. Effect of Amendments on Projects in Progress. The enactment or amendment of these Regulations may have the effect of imposing different standards on new land uses than those that were applied to existing development. For example, these Regulations or a future amendment could require larger building setbacks for a particular land use than former provisions. This subsection determines how the requirements of these Regulations apply to development projects in progress at the time requirements are changed.

1. Projects With Pending Applications. Any land use entitlement and subdivision application that has been determined by the director to be complete before the effective date of these Regulations or any amendment will be processed in compliance with the requirements in effect when the application was accepted as complete. Applications for land use entitlement time extensions (see Chapter 19.30 - Permit Implementation, Time Limits, Extensions) shall comply with these Regulations as they exist on the date when the time extension application is accepted as complete.

2. Approved Projects Not Yet Under Construction. Any approved development for which construction has not begun as of the effective date of these Regulations or any amendment may still be constructed as approved, as long as required building permits have been obtained before the expiration of any affected land use entitlement or, where applicable, before the expiration of any approved time extension. (See Chapter 19.30 - Permit Implementation, Time Limits, Extensions.)

3. Approved Land Uses Not Yet Established. Any approved land use that has not been established as of the effective date of these Regulations or any amendment may still be established in compliance with its approved permit, as long as establishment occurs before the expiration of the permit or, where applicable, before the expiration of any approved time extension. (See Chapter 19.30 - Permit Implementation, Time Limits, Extensions.)

4. Projects Under Construction. A structure that is being constructed under a valid building permit on the effective date of these Regulations or any amendment need not be changed to satisfy any new or different requirement of these Regulations.

F. Nuisance Prohibited. Nothing in these Regulations shall be construed to authorize the use of any real property for the creation or maintenance of a nuisance.

G. Other Requirements May Still Apply. Nothing in these Regulations eliminates the need for obtaining any other permits required by the City, or any permit, approval, or entitlement required by other provisions of the Municipal Code, or any regional, state, or federal agency.

H. Conflicting Permits and Licenses to be Void. All permits or licenses shall be issued by the City in compliance with the provisions of these Regulations, after the effective date of these Regulations or any applicable amendment. Any permit or license issued in conflict with these Regulations shall be void.

• I. Conflicting Requirements:

1. Other Municipal Code Provisions. If conflicts occur between requirements of these Regulations, or between these Regulations and any other applicable statute, ordinance, rule, or other regulation of the City, the more restrictive shall apply.

2. Private Agreements. It is not intended that the requirements of these Regulations are to interfere with, repeal, abrogate, or annul any easement, covenant, or other agreement that existed when these Regulations became effective or were amended. These Regulations apply 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 a private agreement or restriction. The City may not enforce any private covenant or agreement unless it is a party to the covenant or agreement. (Ord. 2185, Ord. 2364 §374)

These Regulations shall be administered by the Chico City Council, Planning Commission, Community Development Director, Zoning Administrator, the Community Development Department, Architectural Review Board,

Airport Commission, and Bidwell Park and Playground Commission, as provided in Title 2 (Administration and Personnel) of the Municipal Code.

(Ord. 2185, Ord. 2364 §375, Ord. 2439 §169)

If any division, chapter, section, subsection, paragraph, subparagraph, sentence, clause, phrase, or portion of these Regulations is for any reason held to be invalid, unconstitutional, or unenforceable, it shall not affect the validity of the remaining portions of these Regulations. The Chico City Council hereby declares that these Regulations and each division, chapter, section, subsection, paragraph, subparagraph, sentence, clause, phrase and portion thereof would have been adopted irrespective of the fact that one or more portions of these Regulations may be declared invalid, unconstitutional, or unenforceable.

(Ord. 2185)