Ione Municipal Code Ch. 17.04 Zoning Code Establishment, Administration, and Entitlements

This title shall be known as the "Zoning Code of the City of Ione."

(Ord. No. 528, 2-15-2022)

The zoning code carries out the policies of the Ione general plan by classifying and regulating the uses of land and structures within the city, consistent with the general plan and the Municipal Code. This zoning code is adopted and established to serve the public health, safety, comfort, convenience, and general welfare and to provide the economic and social advantages resulting from an orderly planned use of land resources, and to encourage, guide, and provide a definite plan for the future growth and development of the city. More specifically, the purposes of this zoning code are to:

A. Provide standards and guidelines for the orderly growth and development of the city that will assist in protecting the characteristics and community identity of Ione;

B. Create a comprehensive and stable pattern of land uses up on which to plan transportation, water supply, sewer service, and other public facilities and utilities;

C. Conserve and protect the city's natural features such as creeks, oak trees, and historic and environmental resources;

D. Minimize automobile congestion by promoting safe and effective traffic circulation and adequate off-street parking facilities; and

E. Ensure compatibility between residential and non-residential development and land uses.

(Ord. No. 528, 2-15-2022)

A. Relationship to prior ordinance. The provisions of this title, as it existed prior to the effective date of the ordinance enacting this title, Ordinance No. 423, are repealed and superseded as provided in Ordinance No. 423. No provision of this title shall validate or legalize any land use or structure established, constructed, or maintained in violation of the title as it existed prior to its repeal by Ordinance No. 423.

B. Prior rights and violations. The enactment of this title shall not terminate or otherwise affect vested land use development permits, approvals, or agreements authorized under the provisions of any ordinance, nor shall violation of prior ordinance be excused by the adoption of this title.

C. New land uses or structures. It shall be unlawful, and a violation of the Municipal Code for any person to establish, construct, reconstruct, alter, or replace any use of land or structure, except in compliance with the requirements of this title.

D. Continuation of an existing land use or structure. It is unlawful and a violation of the Municipal Code for anyone to use a parcel or structure in a manner that violates any provision of this title. However, a land use that was lawfully established before this title was enacted, or before enactment of any applicable amendment to this title, may continue as provided in Chapter 17.16 (Nonconforming uses). No expansion or modification to a pre-existing legal nonconforming use or structure shall be permitted except as allowed by Chapter 17.16 (Nonconforming uses).

E. Subdivisions. Any subdivision of land proposed within the city after the effective date of this zoning code shall be consistent with the minimum lot size requirements of Article II, zoning districts, allowable uses, and development standards, the subdivision requirements of the city subdivision code (Title 16), and all other applicable requirements of this zoning code.

F. Effect of zoning code changes on pending applications. Following the effective date of this title, or any amendment of this title, regulations of this title are applicable to all pending entitlement applications, unless prohibited by state law. Entitlement applications are no longer deemed pending once the appeal period has expired or the appeal process fully exercised.

G. Conflicting requirements.

1. Zoning code and Municipal Code provisions. If conflicts occur between requirements of this zoning code, or between this zoning code, the Municipal Code, or other plans and policies adopted by the city, the zoning code shall govern.

2. Development agreements. If conflicts occur between the requirements of this zoning code and standards adopted as part of any development agreement, the requirements of the development agreement shall govern.

3. Private agreements. This zoning code applies to all land uses and development but may not affect private agreements or restrictions in the use of land or development of structures. The city shall not enforce any private covenant or agreement unless it is a party to the covenant or agreement.

H. Other requirements/permits. Nothing in this zoning code eliminates the need for obtaining any other permits required by the city, or any permit, approval, or entitlement required by the regulations of any regional, state, or federal agency.

I. Public nuisance. Neither the provisions of this title nor the approval of any permit authorized by this title shall authorize the maintenance of any public nuisance as defined in this Municipal Code.

J. Severability, partial invalidation of zoning code. If any portion of this title is held to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, such determinations shall not affect the validity of the remaining portions of this title. The city council hereby declares that this title and each article, chapter, section, subsection, paragraph, subparagraph, sentence, clause, phrase and portion thereof is adopted without regard to the fact that one or more portions of this title may be declared invalid, unconstitutional, or unenforceable.

(Ord. No. 528, 2-15-2022)