Portola Municipal Code § 17.04.040 Applicability

This title shall be cited as the zoning ordinance of the City of Portola.

(Ord. 289 § 2 (Exh. A (part)), 2002)

The purpose of this title is to protect and promote the public health, safety, and welfare of the city and to provide the economic and social advantages, which result from an orderly, planned use of the environment.

(Ord. 289 § 2 (Exh. A (part)), 2002)

A. This title is enacted based on the authority vested in the City of Portola by the State of California.

B. It is the policy of the City of Portola to eliminate any inconsistencies between this title and the general plan adopted by the city. It is intended that each parcel shall be zoned consistent with the general plan and any applicable specific plan. Where an inconsistency exists between the general plan and the zoning designation for a parcel, the zoning designation shall govern.

(Ord. 289 § 2 (Exh. A (part)), 2002)

A. Continuation of an Existing Land Use or Structure. It is unlawful and a violation of the Portola Municipal Code for anyone to maintain a use of a parcel that violates any provision of this title; provided, however, a land use that was lawfully established before this title was enacted or before enactment of any applicable amendment to this title may continue, provided no expansion or modification to said pre-existing nonconforming uses or structures shall be permitted, except as allowed by Chapter 17.37 (Nonconforming Uses, Structures and Parcels).

B. Effect of Ordinance Changes on Applications in Progress. The enactment of this title, or an amendment hereto, may have the effect of imposing a different standard on development or a new land use, from that which previously applied to a parcel.

Following the effective date of this title, or any amendment of this article, the following provisions shall apply:

1. Pending applications. Applications which have been determined by the planning department to be complete pursuant to Government Code Section 65943 before the effective date of this title, or any amendment hereto, shall comply with the provisions of the city's former zoning ordinance as were in effect the date of approval of the application.

2. Approved applications. Applications approved prior to the effective date of this chapter, or any amendment hereto, may be constructed or used in accordance with the conditions of approval therefor; provided, however, approval of any extension shall be governed by the provisions of Section 17.04.040 (B)(3), below.

3. Time extensions. An approval of an extension of time may be conditioned to comply with the provisions of this title in effect when the application for time extension is deemed complete pursuant to Government Code Section 65943.

C. Other Requirements May Apply. Nothing in this title shall eliminate requirements to obtain any other permit, license, approval or entitlement required by other provisions of this code, or by the regulations of any city department, or by any county, regional, state, or federal agency.

(Ord. 289 § 2 (Exh. A (part)), 2002)

If any part of these regulations is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of these regulations. It is hereby expressly declared that this title and each part would have been adopted irrespective of the fact that any part might be declared invalid or unconstitutional.

(Ord. 289 § 2 (Exh. A (part)), 2002)