Fowler Municipal Code Art. 1 Purpose and Enforcement

The purpose of the zoning ordinance is to promote and protect the public health, safety, and general welfare by adopting a zoning plan and regulations providing for the classification of areas of the City into several zones, and to protect the established character of the City by insuring orderly development.

The zoning ordinance consists of a zone map designating certain districts and a set of regulations controlling the uses of land; the density of population; the uses and locations of structures; the height and bulk of structures; 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 and requiring off-street parking and off-street loading facilities.

This ordinance shall be known as the "Zoning Ordinance." The words "ordinance," "code" and "chapter" used herein shall have the same meaning.

A. The provisions of this chapter are held to be minimum requirements except where expressly stated to be otherwise. No provision of this code is intended to repeal or interfere with any existing ordinance of the City of Fowler, except as specifically repealed herein, or deed restriction, covenant, easement, or other agreement between parties, provided that where this code imposes greater restrictions than imposed or required by an existing ordinance, deed restriction, covenant, easement, or agreement between parties, this ordinance shall control.

B. In the event of need for clarification or interpretation, the Planning Commission shall ascertain all pertinent facts and by resolution set forth its findings. Said resolution shall be transmitted to the City Council, and if approved by the Council, said clarification or interpretation shall govern. The foregoing shall apply in the following cases:

1. If ambiguity arises concerning the appropriate classification of a particular use within the meaning and intent of this chapter;

2. If ambiguity exists with matters of height, yard, area, and other requirements;

3. If uncertainty exists with reference to a zone boundary;

4. If unforeseen conditions arise or technological changes have been introduced;

5. If ambiguity or uncertainty arises as to the meaning of any word or provision contained in this chapter.

6. Where uncertainty exists concerning how best to achieve General Plan consistency.

This code 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 of California or any of its agencies or political subdivisions; by any county or city, including the City of Fowler or any of its agencies; or by any authority or district organized under the laws of the State of California, all subject to the following exceptions:

A. Public streets and alleys.

B. Underground utility lines and facilities.

C. Overhead communication lines.

D. Overhead and underground electric and gas distribution and transmission facilities.

E. Railroad rights-of-way.

F. Other exemptions specifically allowed by State Law.

No department, official or other employee of the City shall issue a permit, license or certificate for uses, buildings, structures or purposes in conflict with provisions contained in this chapter. Any such permit, license or certificate issued in conflict with this chapter, intentionally or otherwise, shall be null and void.

Nothing in this chapter shall authorize the use of any parcel of land in violation of this chapter or any other applicable statute, ordinance, or regulation. Any permit or other entitlement issued in violation of any provisions of this chapter shall be void.

The City shall be authorized to enforce provisions of this chapter and to issue citations and make arrests pursuant to the California Penal Code and the Fowler Municipal Code.

In the discharge of enforcement duties, authorized persons shall have the right to enter any site or structure for the purpose of investigation and inspection. Such right of entry shall be exercised only at reasonable hours and only with the consent of the owner or tenant unless a written order of a court of competent jurisdiction has been issued.

Any building or structure erected, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of this chapter, and any use of land, buildings, or premises established, conducted, operated or maintained contrary to the provisions of this chapter shall be and the same are hereby declared to be unlawful and a public nuisance. The Building Official or the City Attorney shall immediately initiate all necessary legal proceedings for the abatement, removal and enjoinment thereof in the manner provided by law, and shall take such other steps as may be necessary to accomplish these ends, and may apply to a court of competent jurisdiction to grant such relief as will remove and abate the structure or use and restrain or enjoin the person, firm or corporation, or an organization from erecting, moving, altering or enlarging the structure or using the site contrary to the provisions of the ordinance. The remedies prescribed by this section are cumulative and nonexclusive.

Any violation of this ordinance is unlawful, and any person, firm, corporation, or organization violating or causing the violation of any provisions of this ordinance shall be punishable as set forth in Title 1, Chapter 2 of the Fowler Municipal Code. Each and every day such violation continues shall constitute a separate offense and shall be punishable as provided herein.

If any section, sentence, clause, or phrase of this chapter is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this chapter or of any section hereof. The Council hereby declares that it would have passed and does hereby pass this chapter, and each section, sentence, clause and phrase hereof, irrespective of the fact that any one (1) or more sections, sentences, clauses, or phrases be declared invalid or unconstitutional.