Eureka Municipal Code § 155.104.100 Transitional Provisions

(A) Division 155.104.010(A) - Division Title

(1) Paragraph

(a) Paragraph

1. Paragraph

(Ord. 885-C.S., passed 5-21-19)

(A) Conflict with state or federal regulations. Where conflict occurs with state or federal laws, higher law shall control over lower law unless local variation is permitted.

(B) Conflicts with general plan, specific plans and development agreements. Where the Zoning Code conflicts with the General Plan, a specific plan or a development agreement, the General Plan, specific plan or development agreement will control.

(C) Conflict with other city regulations. Where the Zoning Code conflicts with other ordinances, resolutions or regulations of the City of Eureka, the more restrictive will control.

(D) Conflict with private agreements. It is not the intent of the Zoning Code to interfere with, abrogate or annul any easement, covenant, deed restriction or other agreement between private parties. If the Zoning Code imposes a greater restriction than imposed by a private agreement, the Zoning Code will control. Private agreements may impose greater restrictions than the Zoning Code, but the city is not responsible for monitoring or enforcing private agreements.

(Ord. 885-C.S., passed 5-21-19)

(A) Relation to prior zoning ordinance. This Zoning Code supersedes the prior Zoning Code codified as Ch. 155 of the Eureka Municipal Code.

(B) Violations continue. A violation of the prior Zoning Code continues to be a violation under this Zoning Code unless the violation is brought into compliance with this Zoning Code.

(C) Pending applications.

(1) If the city deems an application complete, but does not take final action on the application before the effective date of this Zoning Code, the application remains subject to the Zoning Code in effect when the application was deemed complete.

(2) If the city deems an application withdrawn under § 155.408.070 (Applications Deemed Withdrawn), any re-application is subject to the requirements of this Zoning Code.

(D) Approved projects.

(1) Permits and other approvals valid on the effective date of this Zoning Code remain valid until their expiration date.

(2) Projects with valid permits or approvals shall be completed in compliance with the standards in effect at the time of approval. If the permit or approval expires, future development must comply with the requirements of this Zoning Code.

(E) Non-conformities. A parcel, land use or structure legally established prior to June 20, 2019, that does not comply with this Zoning Code is considered non-conforming and subject to the requirements in § 155.424 (Non-Conformities).

(F) Transition to new zoning districts.

(1) Upon the effective date of this Zoning Code, land with zoning from the previous Zoning Code shall be rezoned to one of the zoning districts as established in § 155.116 (Zoning Districts and Map) and shown on the Zoning Map.

(2) A property must comply with the regulations of its zoning district classification as established in § 155.116 (Zoning Districts and Map) and shown on the Zoning Map.

(G) Planned development zoning districts. Requirements and allowances that applied within a planned development zoning district existing before the effective date of the Zoning Code remain in full force and effect.

(H) Qualifying overlay zoning districts. Limitations and restrictions that applied within a qualifying overlay zone existing before the effective date of the Zoning Code remain in full force and effect.

(I) References to prior zoning districts.

(1) In cases where city ordinances, policies, conditions of approval and other requirements reference a zoning district classification from the previous Zoning Code, such references will mean the equivalent zoning district in this Zoning Code.

(2) For requirements based on previous zoning districts with no equivalent zoning district in this Zoning Code, such references will be interpreted to best achieve the requirement’s original intent as determined by the Director.

(Ord. 885-C.S., passed 5-21-19)

If any portion of the Zoning Code is found invalid or unconstitutional by the decision of a court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this Zoning Code.

(Ord. 885-C.S., passed 5-21-19)