Fowler Municipal Code Ch. 9.05 Purpose and Applicability

This Title is known as the "City of Fowler Zoning Ordinance" hereinafter referred to as the "Title."

The provisions of this Title are hereby established and adopted to protect and promote the health, safety, and general welfare of the public, and more particularly to:

A. Implement the goals and objectives of the City of Fowler General Pan and to manage future growth and development in accordance with such Plan.

B. Protect the character, physical, social, and economic stability of land uses within the City by ensuring orderly and beneficial development.

C. Reduce hazards to the public resulting from the inappropriate location, use, or design of buildings and other improvements.

D. Provide adequate light, air, privacy, and conveniences of access to property.

This Title is adopted pursuant to the authority granted to the City by State Planning and Zoning Law (Gov. Code § 65000, et seq.), the California Environmental Quality Act (Pub. Res. Code § 21000, et seq.), and other applicable requirements.

This Title applies to all land uses, structures, subdivisions, and development within the City, as follows:

A. New or Altered Land Uses or Structures. Compliance with this Title is required to lawfully establish, construct, reconstruct, alter, or replace any use of land or structure.

B. Existing Uses and Structures. See Chapter 9.235 (Nonconforming Uses and Structures).

C. Projects in Process. The enactment of this Title, or any amendments hereto, may have the effect of imposing different standards on new land uses, development, and/or structures than those that applied prior to enactment of this Title. Following the effective date of this Title, the following provisions shall apply. The following shall apply, unless amendments are made in the future which specify otherwise:

1. Pending applications. All land use permit applications that are active and that have been determined by the Director to be complete before the effective date of this Title, or any amendments thereto, will be processed according to the regulations in effect when the application was deemed complete. Applicants will have the option of using the regulations in effect at time of application or the regulations adopted as part of this Title.

2. Approved projects not yet under construction or exercised. Any project approved prior to the effective date of this Title, which includes a use or improvement that does not conform to the regulations set forth herein, may be developed to the extent authorized by the approval, provided the approval has not expired or, where applicable, before a time extension approved prior to this effective date of this Title has expired.

3. Projects under construction. A structure that is under construction pursuant to a valid building permit on the effective date of this Title, or any amendments thereto, may be completed and need not be changed to satisfy any new or different requirements of this Title as long as construction is being diligently pursued and is consistent with applicable permit approvals.

D. Public Projects. No federal, State, county, or City governmental project shall be subject to the provisions of this Title, including such projects operated by any combination of these agencies or by a private person for the benefit of any such government agency, unless the agency provides by contract or otherwise that the project shall be constructed or operated in compliance with any or all provisions of this Title.

The provisions of this Title shall not be deemed or construed to repeal, amend, modify, alter, or change any other City ordinance or provision of law not specifically repealed, amended, modified, altered, or changed herein. In the event the provisions of this Title conflict with any other City ordinance or provision of law, the more restrictive of any such provision shall apply, except as follows:

A. Specific Plans. See Chapter 9.85 (Specific Plan).

B. Development Agreements. Where a development agreement has been adopted containing specific use and development standards, such standards shall apply over those of the underlying zone district. If a development agreement does not address a specific use or development standard, those of the underlying zone district will be applicable. See Chapter 9.40 (Development Agreement).

The provisions of this Title are not intended to invalidate any legally adopted easements, covenants, or other agreements which are more restrictive than the provisions of this Title.

Should any section, chapter, paragraph, phrase, or portion of this Title be declared unconstitutional or invalid or be set aside by any court of competent authority, such action shall not affect other sections, chapters, paragraphs, phrases, or parts hereof as adopted or amended.