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)