Article 1 — PURPOSE AND APPLICABILITY OF ZONING ORDINANCE

ARTICLE 1. - PURPOSE AND APPLICABILITY OF ZONING ORDINANCE DIVISION 19.01 - ENACTMENT AND APPLICABILITY OF ZONING ORDINANCE

Chapter 19 of the Novato Municipal Code is and may be cited as the Novato Zoning Ordinance, hereafter referred to as "this zoning ordinance."

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

This zoning ordinance implements the goals and policies of the Novato General Plan by classifying and regulating the uses of land and structures within the City of Novato. In addition, this zoning ordinance is adopted to protect and to promote the public health, safety, and general welfare of residents, and preserve and enhance the aesthetic quality of the City. To fulfill these purposes, it is the intent of this Zoning Ordinance to:

A.

Provide standards for the orderly growth and development of the City, and guide and control the use of land to provide a safe, harmonious, attractive, and sustainable community;

B.

Implement the uses of land designated by the Novato General Plan and avoid conflicts between land uses;

C.

Maintain and protect the value of property;

D.

Conserve and protect the open space, scenic beauty, and other natural resources of the City;

E.

Protect the character, and social and economic stability of residential, commercial, and industrial areas;

F.

Assist in maintaining a high quality of life without causing unduly high public or private costs for development or unduly restricting private enterprise, initiative, or innovation in design; and

G.

Provide for appropriate citizen participation in the decisions made in compliance with this Zoning Ordinance.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

A.

This Zoning Ordinance is enacted based on the authority vested in the City of Novato by the State of California, including but not limited to: the State Constitution; the Planning and Zoning Law (Government Code Sections 65000 et seq.); the Subdivision Map Act (the "Map Act" Government Code Sections 66410 et seq.); and the California Health and Safety Code.

B.

This Zoning Ordinance and the Zoning Map (Section 19.04.030) are the primary tools used by the City of Novato to implement the goals, objectives, policies and programs of the Novato General Plan, which is the overall policy document of the City, hereafter referred to as the "General Plan."

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

This Zoning Ordinance applies to all land uses, structures, subdivisions, and development within the City of Novato, as provided by this Section.

A.

New Land Uses or Structures, Changes to Land Uses or Structures. Compliance with the requirements of Division 19.06 (Development and Land Use Approval Requirements) or, where applicable, Division 19.52 (Nonconforming Uses, Structures, and Parcels), is necessary for any person or entity to lawfully establish, construct, reconstruct, alter, or replace any use of land or structure.

B.

Issuance of Building or Grading Permits. The City may issue building, grading, 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, ordinances and regulations; and

2.

The City Engineer determines that the site was subdivided in compliance with Chapter IX of the Municipal Code (Land Subdivision).

C.

Subdivision of Land. Any subdivision of land proposed within the City after the effective date of this Zoning Ordinance shall be consistent with: the minimum lot size requirements of Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), any applicable Specific Plan, Master Plan or Precise Development Plan, all other applicable requirements of this Zoning Ordinance, and the City's subdivision regulations.

D.

Effect of Zoning Ordinance on Existing Uses and Structures. An existing land use or structure is lawful only when it was legally established in compliance with all applicable regulations, and when it is operated and maintained in compliance with all applicable provisions of this Zoning Ordinance, including Division 19.52 (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 Zoning Ordinance, are in violation of this Zoning Ordinance. These uses shall continue to be in violation unless they conform to the current provisions of this Zoning Ordinance.

E.

Effect of Zoning Ordinance Changes on Projects in Progress. A land use permit application that has been accepted by the Department as complete prior to March 10, 2000, (when the Revised Draft Zoning Ordinance was noticed and made available for public review) shall be processed according to the requirements in effect when the application was accepted as complete.

F.

Minimum Requirements. The provisions of this Zoning Ordinance shall be minimum requirements for the promotion of the public health, safety, and general welfare. When this Zoning Ordinance 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 Zoning Ordinance as may be necessary to promote orderly land use development and the purposes of this Zoning Ordinance.

G.

Other Requirements May Still Apply. Nothing in this Zoning Ordinance eliminates the need for: obtaining any permit, approval, or entitlement required by other provisions of the Municipal Code; or complying with the regulations of any City department, or any County, regional, State, or Federal agency.

H.

Conflicting Requirements. Any conflict between different requirements of this Zoning Ordinance, or between this Zoning Ordinance and other regulations, shall be resolved in compliance with Section 19.02.020.D (Conflicting Requirements).

I.

Exemption for City Projects. This Zoning Ordinance does not apply to any City facilities or real property owned, used, operated, leased or controlled by the City of Novato, the Redevelopment Agency of the City of Novato,

or the Novato Public Finance Authority. However, nothing in this section shall eliminate the requirements of the California Environmental Quality Act (CEQA) or General Plan consistency determination on public projects.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

This Zoning Ordinance shall be administered by: the City Council, hereafter referred to as the "Council;" Planning Commission, hereafter referred to as the "Commission;" Design Review Commission, hereafter referred to as the "DRC;" Zoning Administrator; Community Development Director, hereafter referred to as the "Director;" and the Community Development Department, hereafter referred to as the "Department;" in compliance with Chapter II of the Municipal Code and Division 19.50 of this Zoning Ordinance (Administrative Responsibility).

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)