Title 17 — ZONING

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Title 17 - ZONING

ARTICLE I. - ZONING CODE ENACTMENT AND APPLICABILITY CHAPTER 17.04. - PURPOSE AND EFFECT OF ZONING

This title is and may be cited as the Town Zoning Code, Title 17 of the Town Municipal Code, hereafter referred to as "this Zoning Code."

(Code 1990, § 17.04.010; Ord. No. 14-02, § 4, 3-19-2014)

This title carries out the policies of the Mammoth Lakes general plan by classifying and regulating the uses of land and structures within the Town. This chapter is a "permissive title" whereby any use not listed as a permitted use within the various zone classifications is deemed to be prohibited. This chapter is adopted to protect and to promote the public health, safety, comfort, convenience, prosperity, and general welfare of residents and businesses in the Town. Additional purposes of this chapter are to:

(1)

Implement the general plan by encouraging the uses of land as designated by the general plan;

(2)

Provide standards for the orderly growth and development of the Town;

(3)

Require high quality planning and design for development, that enhances the visual character of the Town, avoids conflicts between land uses, enhances functionality and safety, and preserves the scenic qualities of the Town by maintaining adequate open space;

(4)

Conserve and protect the natural resources of the Town, its natural beauty and significant environmental amenities;

(5)

Encourage a range of transportation options with a strong pedestrian emphasis and emphasize connectivity, convenience, and alternatives to use of personal vehicles;

(6)

Assist in reducing dependence on the automobile by fostering development that is compact in form, and pedestrian-oriented; and

(7)

Create a comprehensive and stable pattern of land uses upon which to plan transportation, water supply, sewerage and other public facilities and utilities.

(Code 1990, § 17.04.020; Ord. No. 14-02, § 4, 3-19-2014)

The provisions of this chapter are not intended to abrogate any easements, covenants, or other existing agreements which are more restrictive than the provisions of this chapter.

(Code 1990, § 17.04.030; Ord. No. 14-02, § 4, 3-19-2014)

(a)

This chapter is enacted based on the authority vested in the Town by the State, including, but not limited to, the State constitution; Government Code § 65800 et seq.; the California Environmental Quality Act, Public Resources Code § 21000 et seq.; Subdivision Map Act, Government Code § 66410 et seq.; and Health and Safety Code § 1 et seq.

(b)

This chapter is the primary tool used by the Town to carry out the goals, objectives, and policies of the Town's general plan. The Town Council intends that this chapter be consistent with the general plan, and that any land use, or development approved in compliance with this chapter will also be consistent with the general plan.

(Code 1990, § 17.04.040; Ord. No. 14-02, § 4, 3-19-2014)

This chapter applies to all land uses, buildings and structures, the size of yards abutting buildings and structures, the height and bulk of buildings, the density of population, the number of dwelling units per acre, standards of performance and other provisions are declared to be in effect upon all land included within the boundaries of each and every zone established by this chapter, as follows:

(1)

New land uses or structures, changes to land uses or structures. It shall be unlawful, and a violation of this chapter, for any person to establish, construct, reconstruct, alter, or replace any use of land or structure, except in compliance with the requirements of Section 17.08.020, and Chapter 17.96.

(2)

Issuance of construction permits. No building, grading, or other construction permit, temporary or final Certificate of Occupancy, or final building inspection may be issued or granted by the Department unless:

a.

The proposed land use or structure satisfy the requirements of Subsection (1) of this section;

b.

The Director determines that the parcel was legally created in compliance with the Subdivision Map Act, Government Code § 66410 et seq., and Title 16 as applicable at the time the parcel was created; and

c.

All conditions and requirements of any applicable land use permit have been met or guaranteed by security approved by the Town.

(3)

Occupancy of a site, structure, or vehicle for dwelling purposes. No land, structure, or vehicle shall be used for living or dwelling purposes for more than two weeks in any calendar year unless the land, structure, or vehicle is approved for occupancy for dwelling purposes in compliance with this chapter.

(4)

Continuation of an existing land use. An existing land use is lawful and not in violation of this Code only when operated and maintained in compliance with all applicable provisions of this chapter or, where applicable, Chapter 17.96. However, the requirements of this chapter do not invalidate a land use that was legally established before the effective date of the ordinance from which this chapter is derived or any applicable amendment.

(5)

Other requirements may still apply. Nothing in this chapter eliminates the need for obtaining any other permits required by the Town, or any permit, approval or entitlement required by other provisions of this Code or the regulations of any Town department, or any County, regional, State, or Federal agency.

(6)

Conflicting permits and licenses to be void. All permits or licenses shall be issued by the Town in compliance with the provisions of this chapter. Any permit or license issued in conflict with this chapter shall be void.

(Code 1990, § 17.04.050; Ord. No. 14-02, § 4, 3-19-2014)

This chapter shall be administered by the Town Council, Planning and Economic Development Commission, Community and Economic Development Director, and the Mammoth Lakes Community and Economic Development Department, in compliance with Chapter 17.92.

(Code 1990, § 17.04.060; Ord. No. 14-02, § 4, 3-19-2014)

If any portion of this chapter is for any reason held to be invalid, unconstitutional or unenforceable by a court of competent jurisdiction, these decisions shall not affect the validity of the remaining portions of this chapter. The Town Council hereby declares that this chapter and each article, chapter, section, subsection, paragraph, subparagraph, sentence, clause, phrase and portion thereof would have been adopted irrespective of the fact that one or more portions of this chapter may be declared invalid, unconstitutional or unenforceable.

(Code 1990, § 17.04.070; Ord. No. 14-02, § 4, 3-19-2014)

CHAPTER 17.08. - DEVELOPMENT AND LAND USE APPROVAL REQUIREMENTS

This chapter describes the general requirements for the approval of proposed development and new land uses by the Town. Land use permit requirements for specific land uses are established by Chapters 17.16 through 17.32 and Chapters 17.36 through 17.56.

(Code 1990, § 17.08.010; Ord. No. 14-02, § 4, 3-19-2014)

17.08.020. - Requirements for development and new land uses.

No use of land or structures shall be established, constructed, reconstructed, altered, allowed or replaced unless the use of land or structures complies with the following requirements:

(1)

Allowable use. The land use shall be identified by Chapters 17.16 through 17.32 as being allowable in the zoning district applied to the site.

(2)

Permit requirements. Any land use permit required by this chapter shall be obtained before the proposed use is constructed, otherwise established or put into operation, unless the proposed use is listed in Section 17.08.030. The land use permit requirements of this chapter are established by Chapters 17.16 through 17.32 and Chapters 17.36 through 17.56.

(3)

Development standards. The use or structures shall comply with all other applicable requirements of this chapter, including the development standards of Chapters 17.16 through 17.32, and the provisions of Chapters 17.36 through 17.56.

(4)

Legal parcel. The U.S. Subdivision Map Act, Government Code § 66410 et seq., and Title 16, as applicable at the time the parcel was created.

(5)

Previous approvals and agreements. The use or structures shall comply with applicable provisions and requirements of any of the following permits, entitlements or agreements:

a.

Conditions of approval. Any conditions of approval imposed by any land use permit previously granted by the County or Town and still in effect;

b.

Development agreements. Any development agreement approved by the Town in compliance with Chapter 17.104 and still in effect;

c.

Master plans. Any conditions of approval or other provisions imposed by a master plan previously approved by the County or Town and still in effect; and

d.

Subdivisions. Any conditions of approval, restrictions, or other provisions imposed by a subdivision map previously approved by the County or Town and recorded in the County Recorder's office.

(Code 1990, § 17.08.020; Ord. No. 14-02, § 4, 3-19-2014)

The land use permit requirements of this chapter do not apply to the activities, uses of land or structures identified by this section, which are allowed in all zoning districts subject to compliance with this section.

(1)

General requirements for exemption. The activities, uses of land or structures identified by following Subsection (2) of this section are exempt from the land use permit requirements of this chapter only when:

a.

The activity or use is established and operated in compliance with all applicable development standards of Chapters 17.16 through 17.32, and the provisions of Chapters 17.36 through 17.56; and

b.

Any permit or approval required by regulations other than this chapter is obtained in compliance with Section 17.08.050.

(2)

Exempt activities and uses. The following activities, uses of land or structures are exempt from the land use permit requirements of this chapter when in compliance with Subsection (1) of this section.

a.

Governmental activities. Activities of the State or an agency of the State, or the Federal Government on land owned or leased by a governmental agency.

b.

Interior remodeling. Interior alterations that do not increase the number of rooms or the gross floor area (i.e., habitable space) within the structure, change the permitted use of the structure, or otherwise intensify the use.

c.

Nonresidential repairs and maintenance. Ordinary repairs and maintenance for uses and structures other than residential uses and structures, if:

1.

The work does not result in any change in the approved land use of the site or structure, or the addition to, enlargement or expansion of the structure;

2.

Any exterior repairs employ the same or similar materials and design as the original;

3.

Any exterior repairs comply with any previous design approval; and

4.

All repairs and maintenance comply with applicable provisions of Chapter 17.96.

d.

Residential activities, uses and structures.

1.

Decks, paths and driveways. Residential decks, platforms, on-site paths, and driveways that are not required to have a building permit or grading permit by Title 15, provided that they are not over 18 inches above natural grade and not over any basement or story below. Driveways are required to obtain appropriate permits from the Public Works Department.

2.

Fences and walls. Residential fences and walls are exempt from land use permit requirements as provided by Section 17.36.040.

3.

Multifamily residential repairs and maintenance. Ordinary repairs and maintenance for residential uses and structures other than single-family uses and structures, if:

(i)

The work does not result in any change in the approved land use of the site or structure, or the addition to, enlargement or expansion of the structure;

(ii)

Any exterior repairs employ the same or similar materials and design as the original;

(iii)

Any exterior repairs comply with any previous design approval; and

(iv)

All repairs and maintenance comply with applicable provisions of Chapter 17.96.

4.

Single-family residential repairs and maintenance. Ordinary repairs and maintenance for single-family residential uses and structures, if:

(i)

The work does not result in any change in the approved land use of the site or structure;

(ii)

The work does not result in an addition, enlargement or expansion of the structure; and

(iii)

All repairs and maintenance comply with applicable provisions of Chapter 17.96.

5.

Small residential accessory structures. Portable storage sheds and other small structures in residential zoning districts that are:

(i)

Exempt from building and grading permit requirements in compliance with Title 15;

(ii)

120 square feet or less; and

(iii)

In compliance with the setback requirements of Chapters 17.16 through 17.32, and with any applicable setback requirements in Section 17.52.040.

6.

Spas, hot tubs, and fishponds. Portable spas, hot tubs, and fishponds, etc., that comply with the side and rear setback requirements established by Chapters 17.16 through 17.32 for the applicable zoning district, or Section 17.52.040, where applicable.

e.

Utility infrastructure. The erection, construction, alteration, or maintenance by a public utility or public agency of underground or overhead utilities (i.e., water, gas, electric, telecommunication, supply or disposal systems, including wires, mains, drains, sewers, pipes, conduits, cables, fire-alarm boxes, police call boxes, traffic signals, hydrants, etc.), but not, including structures, electrical substations which receive electricity at 100,000 volts or greater, and electrical distribution lines of 100,000 volts or greater, shall be permitted in any zoning district. Satellite, cellular telephone, wireless communications, and other antennas are subject to Section 17.52.280.

f.

Water facilities. The location or construction of facilities for the production, generation, storage, or transmission of water, in compliance with Government Code § 53091.

(Code 1990, § 17.08.030; Ord. No. 14-02, § 4, 3-19-2014; Ord. No. 15-01, § 4(exh. A, § 1), 1-21-2015; Ord. No. 20-13, exh. A(g), 11-18-2020)

Requirements for establishing a temporary use (e.g., construction yards, seasonal sales lots, special events, temporary office trailers, etc.) are in Chapter 17.52 and Chapter 17.56.

(Code 1990, § 17.08.040; Ord. No. 14-02, § 4, 3-19-2014)

An allowed land use that is exempt from a land use permit, or has been granted a land use permit, may still be required to obtain other issued permits before the use is constructed, or otherwise established and put into operation. Nothing in this chapter shall eliminate the need to obtain any permits or approvals required by: Other provisions of this Code, including building permits, grading permits, or other construction permits if they are required by Title 15; any encroachment permit required by Title 12; or subdivision approval if required by Title 16; the County, any special district, or any regional, State or Federal agency. The applicant shall obtain all necessary permits before starting work or establishing new uses.

(Code 1990, § 17.08.050; Ord. No. 14-02, § 4, 3-19-2014)