Chapter 17.02 — GENERAL PROVISIONS

There is adopted on April 23, 1980, by Ordinance No. 211, a zoning ordinance as provided herein, for the city of Orange Cove, state of California, said ordinance being a precise and detailed plan for the use of land of the city.

(Ord. 211 (part), 1980: prior code § 11-1-101)

This zoning title is enacted to preserve and promote the public health, safety and welfare of the city and of the public generally and to facilitate development and expansion of the municipality in a precise and orderly manner. More specifically, the zoning title is adopted in order to achieve the following objectives:

A.

To foster a workable, stable, and beneficial relationship among land uses, so as to achieve progressively the arrangement depicted on the general plan;

B.

To promote the stability of existing land uses which conform to the district in which they occur;

C.

To ensure that public and private lands ultimately are used for the purposes which are most appropriate and most beneficial from the standpoint of the city at large;

D.

To prevent excessive population densities and overcrowding of the land with structures;

E.

To promote a safe, effective traffic circulation system and the provision of adequate off-street parking and truck loading facilities;

F.

To facilitate the appropriate location of community facilities and institutions;

G.

To coordinate policies and regulations of the city relating to the use of land with such policies and regulations of the county in order to facilitate transition from county to municipal jurisdiction;

H.

To protect agricultural producers in areas of planned urban expansion.

(Ord. 211 (part), 1980: prior code § 11-1-102)

A.

This zoning title shall consist of a zoning map designating certain districts and these regulations, controlling the uses of land, the density of population, the uses and locations of structures, the height and bulk of structures, the open spaces about structures, the screening and landscaping of certain uses and structures, the areas and dimensions of sites, and the provision of off-street parking and loading facilities.

B.

The zoning map on file with the city clerk, is made a part of this title by reference with the same force and effect as if the boundaries, notations, references, and information shown on the map were specifically described in this title.

C.

In order that the zoning regulations be applied, all property in the city shall be considered to be classified in one of the districts hereinafter established, as approximately depicted on the official zoning map.

(Ord. 211 (part), 1980: prior code § 11-1-103)

The districts established by the zoning ordinance and depicted on the zoning map are designated as follows:

O open space and recreation district

R-A single-family residential/agricultural district

R-1-12 single-family low density residential district, minimum twelve thousand square feet per lot

R-1-6 single-family medium density residential district, minimum six thousand square feet per lot

R-1-3 single-family high density residential district, minimum three thousand square feet per lot

R-2 medium/high density residential district, minimum three thousand square feet lot area per dwelling unit

R-3 high density multiple family residential district, minimum three thousand square feet lot area per dwelling unit

R-3-A high density multiple family residential district-one story, minimum one thousand five hundred square foot lot area per dwelling unit

MHP mobile home park district

R-M/H, residential manufactured home

C-1 neighborhood shopping center district

C-2 community shopping center district

C-3 central business and shopping district

M-1 light manufacturing district

M-2 heavy manufacturing district

P off-street parking district

U-R urban reserve district

P-F public facilities district

PUD planned unit development district.

(Ord. 211 (part), 1980: prior code § 11-1-104)

Whenever any uncertainty exists as to the boundary of a district as shown on the zoning map, the following regulations shall control:

A.

Where a boundary is indicated as a street, alley, railroad right-of-way, canal, or other watercourse, the centerline of such shall be considered to be the boundary line. In the event of abandonment, the property

shall immediately become classified in the same district as the property adjoining the former street alley, railroad right-of-way, canal, or watercourse.

B.

Where a boundary line is indicated as following a lot or property line, it shall be construed as coinciding with the property ownership line.

C.

Where neither subsection A or B of this section applies, the boundary line shall be determined by the use of the scale designated on the zoning map.

D.

If further uncertainty exists, the planning commission, upon written request or on its own motion, shall determine the location of the boundary in question.

(Ord. 211 (part), 1980: prior code § 11-1-105)

Where property annexed to the city was previously in a particular zoning district of the county, it may be retained in the similar city classification if such district is also provided for by this title.

B.

Where property annexed to the city has been classified by the city pursuant to prezoning provisions, such prezoning classification shall become effective at the same time that the annexation becomes effective. The method of accomplishing prezoning (determining the zoning that will apply to such property in the event of subsequent annexation to the city) shall be the same as that for the zoning of property within the city as provided by this title. Prezoning shall be recorded on the official zoning map in the same manner as zoning amendments but shall be identified by the use of parentheses enclosing the district symbols.

C.

Where property annexed to the city was not prezoned by the city nor classified in a county zoning district which is also provided by this title, it shall be classified in the O district (open space, recreation district) until otherwise zoned pursuant to the amendment procedures prescribed in Chapter 17.58.

(Ord. 211 (part), 1980: prior code § 11-1-106)

Amendment to the zoning map shall be adopted in the manner provided for changing district boundaries as prescribed in Chapter 17.58. Amendments shall be recorded on the official zoning map in the office of the city clerk and identified by a number corresponding to the ordinance adopting the amendment.

(Ord. 211 (part), 1980: prior code § 11-1-107)

This title shall apply to all property whether owned by private persons, firms, corporations or organizations; by the United States of America or any of its agencies; by the state of California or any of its agencies or political subdivisions; by any city or county, including the city, or any of its agencies; or by any authority or district organized under the laws of the state, all subject to the following exceptions:

A.

Public streets and alleys;

B.

Underground utility lines and facilities;

C.

Underground and overhead communications lines;

D.

Overhead electric distribution and transmission lines, not to include transmission and distribution substations;

E.

Railroad rights-of-way.

(Ord. 211 (part), 1980: prior code § 11-1-108)

A.

In their interpretation and application, the provisions of this title shall be held to be minimum requirements.

B.

No provision of this title is intended to abrogate, repeal, annul, or interfere with any existing ordinance of the city, except as specifically stated herein, or deed restriction, covenant, easement, or other agreement between parties, provided that where this title imposes greater restrictions or regulations, this title shall control.

C.

Except as otherwise provided in this title, these regulations shall be considered a continuance of Ordinance 115 as amended.

(Ord. 211 (part), 1980: prior code § 11-1-109)

A.

All valid special use permits and valid variances heretofore issued pursuant to the provisions of Ordinance 115 shall continue in effect until otherwise revoked or terminated and shall be subject to all conditions governing the same and also subject to the provisions relating to such similar permits as set forth in this title.

B.

Any use or structure existing in violation of Ordinance 115, or any nonconforming use or structure which is also a violation or nonconforming use or structure by the provisions of this title, shall be deemed a continuing violation or non-conforming situation.

C.

Any structure or part thereof erected, altered, or moved into any district, on any site, lot, or property shall be used only for the purposes and in the manner intended as permitted or conditional, and all structures or sites, or any portion thereof, shall be developed or maintained only in complete conformity to the area, frontage, width, coverage, yard, height, separation, parking, and other property development standards hereinafter designated for the district in which such structure or site is located.

D.

Contiguous properties may be combined and used as a single site or property may be subdivided or split into separate sites provided that the parcels resultant from the combination or division are equal to or exceed the requirements of this title.

(Ord. 211 (part), 1980: prior code § 11-1-110)