Petaluma Municipal Code Ch. 1 Purpose and Applicability of Zoning Ordinance

Sections:

1.010 Purposes of the Zoning Ordinance.

1.020 Authority for the Zoning Ordinance.

1.030 Responsibility for Administration.

1.040 Applicability of the Zoning Ordinance.

1.050 Rules of Interpretation.

The City of Petaluma Zoning Ordinance carries out the policies of the Petaluma General Plan by classifying and

regulating the uses of land and structures within the City, consistent with the General Plan. This Zoning Ordinance

is adopted to protect and promote the public health, safety, comfort, convenience, prosperity, and general welfare

of residents, and businesses in the City.

This Zoning Ordinance is enacted based on the authority vested in the City of Petaluma by the State of California,

including but not limited to: the California Constitution; the Planning and Zoning Law (California Government Code

Sections 65000 et seq.); and the California Environmental Quality Act (California Public Resources Code Sections

21000 et seq.).

A. Responsible bodies and individuals. This Zoning Ordinance shall be administered by: the Petaluma City Council,

hereafter referred to as the "Council;" the Planning Commission, referred to as the "Commission;" the Community

Development Director, referred to as the "Director;" and the Petaluma Community Development Department,

hereafter referred to as the "Department." This Zoning Ordinance may refer to these bodies and individuals

individually and collectively as the "review authority." See also Chapter 24 (Administrative Procedures).

B. Exercise of discretion. If a provision of this Zoning Ordinance allows a review authority to exercise discretion in

the application of a speciEc standard or requirement, but does not identify speciEc criteria for a decision, the

following criteria shall be used in exercising discretion:

1. The proposed project complies with all applicable provisions of this Zoning Ordinance;

2. The exercise of discretion will act to ensure the compatibility of the proposed project with its site,

surrounding properties, and the community; and

3. The decision is consistent with the General Plan.

This Zoning Ordinance applies to all land uses, subdivisions, and development within the City of Petaluma, as

follows.

A. New land uses or structures, changes to land uses or structures. It shall be unlawful, and a violation of this Zoning

Ordinance for any person to establish, construct, reconstruct, alter, or replace any use of land or structure, except

in compliance with the requirements of Section 3.020 (General Requirements for Development and New Land

Uses), and Chapter 22 (Nonconforming Uses and Structures). No Planning Permit, Building Permit or Grading

Permit shall be issued by the City unless the proposed construction complies with all applicable provisions of this

Zoning Ordinance.

B. Subdivisions. Any subdivision of land proposed within the City after the eHective date of this Zoning Ordinance

shall be consistent with the minimum lot size and dimensions requirements of Chapter 4 (Zones Districts) and all

other applicable requirements of this Zoning Ordinance.

C. 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 oGcial or body, that discretion may be exercised to impose more stringent requirements than

set forth in this Zoning Ordinance, as may be determined by the review authority to be necessary to promote

appropriate land use and development, environmental resource protection, and the other purposes of this Zoning

Ordinance.

D. ConFicting requirements:

1. Zoning Ordinance requirements. If diHerent requirements within this Zoning Ordinance conFict, the

provisions of Chapters 6, 15, 16, and 17 (Floodway/Flood Plain, Preservation of the Cultural and Historic

Environment, Hillside Protection, and Tree Preservation) control over the provisions of Chapter 4.

2. Zoning Ordinance and Municipal Code provisions. If a conFict occurs between requirements of this Zoning

Ordinance and requirements of the Petaluma Municipal Code, or other regulations of the City, the most

restrictive shall apply.

3. Development agreements or speci(c plans. If a conFict occurs between the requirements of this Zoning

Ordinance and standards adopted as part of any development agreement or applicable speciEc plan, the

requirements of the development agreement or speciEc plan shall apply.

4. Private agreements. This Zoning Ordinance applies to all development and land uses regardless of

whether it imposes a greater or lesser restriction on the development or use of structures or land than a private agreement or restriction (for example, CC&Rs), without aHecting the applicability of any agreement or

restriction.

E. Other requirements may apply. Nothing in this Zoning Ordinance eliminates the need for obtaining any other

permit required by the City, or any permit, approval or entitlement required by another special district or agency,

or the regulations of any State or Federal agency.

A. Authority. The Director has the authority to interpret any provision of this Zoning Ordinance. If the Director

determines that the meaning or applicability of any Zoning Ordinance requirement is subject to interpretation, the

Director may issue an oGcial interpretation. The Director may also refer any issue of interpretation to the

Commission for their determination.

B. Language. When used in this Zoning Ordinance, the words "shall," "must," "will," "is to," and "are to" are always

mandatory. "Should" is not mandatory but is strongly recommended; and "may" is permissive. The present tense

includes the past and future tenses; and the future tense includes the present. The singular number includes the

plural number, and the plural the singular, unless the natural construction of the word indicates otherwise. The

words "includes" and "including" shall mean "including but not limited to. . .".

C. Time limits. Whenever a number of days is speciEed in this Zoning Ordinance, or in any permit, condition of

approval, or notice provided in compliance with this Zoning Ordinance, the number of days shall be construed as

consecutive calendar days. A time limit shall extend to 5 p.m. on the following working day where the last of the

speciEed number of days falls on a weekend or holiday.

D. Zoning Map boundaries. See Section 2.020 (Zoning Map and Zones).

E. Allowable uses of land. See Section 3.030 (Allowable Land Uses and Planning Permit Requirements).

F. State law requirements. Where this Zoning Ordinance references applicable provisions of State law (for

example, the California Government Code, Subdivision Map Act, or Public Resources Code), the reference shall be

construed to mean the applicable State law provisions as they may be amended from time to time.

G. Con)icting requirements. See Section 1.040 (D) (ConFicting requirements).

The Petaluma Implementing Zoning Ordinance is current through Ordinance 2907, passed September 8,

Disclaimer: The city clerk’s oGce has the oGcial version of the Petaluma Implementing Zoning Ordinance. Users

should contact the city clerk’s oGce for ordinances passed subsequent to the ordinance cited above.

City Website: cityofpetaluma.net

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