Lodi Municipal Code Ch. 17.01 Enactment and Applicability of Development Code

The purpose of the Lodi development code is to implement the policies of the general plan by classifying and regulating the uses of land and structures within the city of Lodi in a manner consistent with the general plan. To achieve this purpose, it is the intent of these regulations to:

A. Provide standards for the orderly development of the city, and continue a stable pattern of land uses;

B. Preserve the historical integrity and character of the city's neighborhoods and commercial areas;

C. Encourage a pedestrian-friendly community by promoting a mix of land uses and pedestrian oriented design in residential and commercial areas; and

D. Conserve and protect the natural resources of the city, including surrounding agricultural lands.

(Ord. No. 1869, § 2, 2-20-2013)

These regulations are enacted based on the authority vested in the city of Lodi by the state of California, including but not limited to: The State Constitution; the Planning and Zoning Law (Government Code Section 65000 et seq.); the Subdivision Map Act (Government Code Section 66410 et seq.); and the California Health and Safety Code.

(Ord. No. 1869, § 2, 2-20-2013)

This development code, hereafter referred to as "this code," applies to all land uses, structures, subdivisions, and development within the city of Lodi, as follows:

A. New land uses or structures, changes to land uses or structures. Compliance with the requirements of Chapter 17.12 (Development and Land Use Approval Requirements) or, where applicable, Chapter 17.68 (Nonconforming Uses, Structures, and Parcels), is necessary for any person or public agency to lawfully establish, construct, reconstruct, alter, or replace any use of land or structure.

B. Issuance of Building Permits. The city may issue building or other construction permits only when:

1. The proposed land use and/or structure satisfy the requirements of subsection A above, and all other applicable statutes, codes and regulations; and

2. The director determines that the site was subdivided in compliance with Article 5 (Subdivisions).

C. Subdivisions. Any subdivision of land proposed within the city after the effective date of this code shall be consistent with: the minimum lot size requirements of Article 2 (Land Use and Development Standards), and all other applicable requirements of this code, including the land use and development permit procedures as outlined in Article 4.

D. Effect of Regulations on Existing Uses and Structures. An existing land use or structure is lawful only when it was legally established, and is operated and maintained, in compliance with all applicable provisions of this code, including Chapter 17.68 (Nonconforming Uses, Structures and Parcels).

Existing land uses or structures that were in violation of city zoning regulations applicable before the effective date of this code are in violation of these regulations, and shall continue to be in violation unless they comply with the current requirements.

E. Effect of Regulations Changes on Projects in Progress. A land use permit application that has been accepted by the department as complete prior to the effective date of this code or any amendment shall be processed according to the requirements in effect when the application was accepted as complete.

F. Minimum Requirements. The provisions of this code shall be minimum requirements for the promotion of the public health, safety, and general welfare. When this code provides for discretion on the part of a city official or body, that discretion may be exercised to impose more stringent requirements than set forth in this code as may be necessary to promote orderly land use development and the purposes of this code.

G. Other Requirements May Apply. Nothing in this code eliminates the need for: obtaining any permit, approval, or entitlement required by the regulations of the county, or any regional, state, or federal agency.

H. Conflicting Requirements. Any conflict between different requirements of this code, or between this code and other city regulations, shall be resolved in compliance with Section 17.02.020(D) (Conflicting Requirements).

I. Severability. Invalidity or enforceability of one or more provisions of this code shall not affect other provisions of this code.

(Ord. No. 1869, § 2, 2-20-2013)

This development code shall be administered by the city council, planning commission, site plan and architectural review committee (SPARC), community development director, and the community development department in compliance with Chapter 17.66 (Administrative Responsibility).

(Ord. No. 1869, § 2, 2-20-2013)