Hesperia Municipal Code Art. I General Provisions

Footnotes:

--- (6) ---

Editor's note— Ord. No. 2011-10, § 3(Exh. A), adopted Aug. 16, 2011, amended Article I in its entirety to read as herein set out. Former Art. I, §§ 16.16.010—16.16.040, pertained to general provisions and derived from the 1997 codification, SBCC §§ 86.0105—86.0130.

Any zone or land use designations previously existing under county standards prior to any annexation shall be determined under the standards most applicable to the existing general plan land use designation.

The provisions of the development code are applied to the following land use designations:

Note: ;b1; 1 Same as P-1.

(Ord. No. 2011-10, § 3(Exh. A), 8-16-11)

A. The boundaries of established designations are shown and delineated on the map entitled "official general plan land use map," as amended and as certified by the city clerk and on file with the city, which are adopted as the official general plan land use map. In addition, the official general plan land use map incorporates specific plans, including the Main Street and Freeway Corridor Specific Plan. These specific plans are identified on the general plan land use map by name or number.

B. Changes, additions and amendments to the official general plan land use map shall be determined and defined from time to time by resolution adopting a land use map which shall become, upon final adoption and certification by the city clerk, a part of the official general plan map.

C. Unless otherwise noted, general plan land use designation boundaries shall extend to street right-of-way centerlines.

(Ord. No. 2011-10, § 3(Exh. A), 8-16-11)

The land use map showing the official general plan land use map, classifications and boundaries of land use designations and all notations, references and other information shown thereon, after final adoption in the manner required by law, shall thereafter be as much a part of the development code as if all the matters and information set forth by the map were fully described herein.

(Ord. No. 2011-10, § 3(Exh. A), 8-16-11)

Where uncertainty exists as to the boundaries of any designations shown on the land use map, the following rules shall apply:

A. Where such boundaries are indicated as approximately following street and alley lines or lot lines, such lines shall be construed to be such boundaries.

B. In unsubdivided property and where a designation boundary divides a lot, the locations of such boundaries, unless indicated by dimensions, shall be determined by use of the scale appearing on the map.

C. Where any uncertainty exists, the planning commission shall determine the location of boundaries.

D. Where a public street or alley is officially vacated or abandoned, the regulations applicable to the property to which it reverts shall apply to such vacated or abandoned street or alley.

(Ord. No. 2011-10, § 3(Exh. A), 8-16-11)

The boundaries of such designations are shown on the general plan land use map. The regulations of the development code governing the uses of land, buildings, structures, the height of buildings and structures, the sizes of yards about buildings and structures and other matters as hereinafter set forth, are established and declared to be in effect upon all land included within the boundaries of each and every designation shown upon the general plan land use map.

(Ord. No. 2011-10, § 3(Exh. A), 8-16-11)

A. Except as otherwise provided in the development code, buildings or structures shall be erected, reconstructed, structurally altered, enlarged, moved or maintained, and buildings, structures or land shall be used or designed to be used only for uses permitted in the land use designation in which such building, structure or land is located, and then only after applying for and securing all permits and licenses required by all laws and ordinances.

B. Where the term "other uses similar to the above" is mentioned, it shall be deemed to mean other uses which, in the judgment of the reviewing authority as evidenced by a written decision, are similar to and not more objectionable to the general welfare than the uses listed in the same section. In no instance, however, shall the reviewing authority determine, nor shall these regulations be so interpreted, that a use shall be permitted in a land use designation when such use is specifically listed as first permissible in a less restricted land use designation. The planning commission may, on its own motion or at the request of any party affected thereby, reconsider and change a written decision regarding other uses previously determined by the reviewing authority. Upon requesting such reconsideration, an unsuccessful applicant may appeal to the city council in the same manner and upon payment of the same fee as if the applicant were appealing from denial of a deviation.

C. Prior to taking an action to find a use similar to and not more objectionable to the general welfare than the uses listed within the text of a land use designation of this chapter, the planning commission or reviewing authority shall find all of the following:

1. That the use is not first listed as a permitted use in a less restrictive land use designation;

2. That the proposed use is compatible with the intent of the land use designation and is applicable throughout the city in that land use designation;

3. That the proposed use is consistent with the general plan and any applicable community plan or specific plan;

4. That the use is capable of meeting the standards and requirements of the land use designation;

5. That the use will not be more objectionable to the general welfare than the uses listed within the land use designation.

D. Uses of a more restrictive land use designation when listed as "permitted uses" in a less restrictive land use designation shall not be applied cumulatively with the same uses in the less restrictive land use designation.

(Ord. No. 2011-10, § 3(Exh. A), 8-16-11)