Article 1 — Intent

Tehachapi Zoning Code | October 2014 Adopted |

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Chapter 1.10 Purpose and Application

Sections:

• 1.10.010 Purpose of Zoning Code

• 1.10.020 Applicability of the Zoning Code

The Zoning Code is adopted to promote and protect the public health, safety, and welfare through the orderly regulation of land uses throughout the City. In addition, the purposes of the Zoning Code are to:

A. Provide the economic and social advantages resulting from an orderly planned use of land resources;

B. Encourage and guide development consistent with the General Plan;

C. Divide the City into zones of a number, size, and location deemed necessary to carry out the purposes of the General Plan and the Zoning Code;

D . Regulate the size and use of lots, setbacks, and other open spaces;

E. Regulate the use, location, height, bulk, and size of buildings and structures;

F . Regulate the intensity of land use;

G . Regulate the density of population in residential areas;

• H. Establish requirements for off-street parking;

• I. Establish requirements for landscaping;

• J. Regulate signs and billboards;

K. Provide for the enforcement of the regulations of this Chapter. [18.02.020]

A. The Zoning Code shall apply, to the extent permitted by law, to all property in the City whether owned by:

1. Private persons, firms, corporations, or organizations;

   1. Zoning Code requirements. If different requirements within the Zoning Code conflict, the provisions of Article 3 control over Article 4 and 5, and the provisions of Article 6 control over Article 3, 4 and 5.

2. The United States or any of its agencies;

3. The state of California or any of its agencies or political subdivisions;

4. Any county or city, including the City of Tehachapi; or

   2. Zoning Code and Municipal Code provisions. If a conflict occurs between requirements of the Zoning Code and requirements of the Tehachapi Municipal Code or other regulations of the City, the most restrictive shall apply.

5. Any authority or public entity organized under the laws of the state of California. [18.02.030]

B. Any governmental agency shall be exempt from the provisions of the Zoning Code only to the extent that such property may not be lawfully regulated by the City.

C. Conflicting Requirements:

3. Specific plans. If a conflict occurs between the requirements of the Zoning Code and standards adopted as part of any applicable specific plan, the requirements of the specific plan shall apply.

4. Private agreements. The Zoning Code applies to all land uses and development regardless of whether it imposes a greater or lesser restriction on the development, land use, or land than a private agreement or restriction (for example, CC&Rs).

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Chapter 1.10 Purpose and Application

G. Effect of Zoning Code Changes on Projects in

Progress

A planning permit application that has been accepted by the Department as complete in compliance with Section 9.10.040 (Application Preparation and Filing) before the effective date of the Zoning Code shall be processed in compliance with the requirements in effect when the application is accepted as complete.

H. Other requirements may apply

Nothing in the Zoning Code eliminates the need for obtaining any other permits required by the City, or any permit, approval or entitlement required by any other applicable special district or agency, and/or the regulations of any State, or Federal agency.

A. It is unlawful for any structure to be moved, erected, used, altered, enlarged, or rebuilt or for any use to be established or changed that does not strictly conform to the Zoning Code.

B. It is unlawful for any setback, open space, or land to be used for any purpose not specifically allowed by the Zoning Code.

D. No department, official, or employee of the city vested with the duty or authority to issue permits or licenses for structures or uses subject to the standards of the Zoning Code shall issue a permit or license in conflict with the provisions of the Zoning Code; any permit or license issued in conflict with any provision of the Zoning Code shall be null and void. [18.02.060]

C . Any use not specifically allowed by the provisions of the Zoning Code is prohibited. All prohibited uses specified at any place within the Zoning Code are examples only and are not to be construed as a complete listing of all prohibited uses.

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Chapter 1.20 Authority and Administration of Zoning Code

Sections:

The Zoning Code is enacted based on the authority vested in the City of Tehachapi by the State of California, including but not limited to: the California Constitution; the Planning and Zoning Law (Government Code Sections 65000 et seq.); and the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.).

A. Responsible Bodies and Individuals [new]

The Zoning Code shall be administered by: the Tehachapi City Council, hereafter referred to as the “Council;” the Planning Commission, hereafter referred to as the “Commission;” the Community Development Director, hereafter referred to as the “Director;” and the Tehachapi Community Development Department, hereafter referred to as the “Department.” See also Section 1.10.040 (Applicability).

C. Delegation of Authority and Responsibility.

The City Planner may delegate any responsibility or authority charged to him/her by any section of the Zoning Code to any employee of the City. Any employee or employees so designated may act on behalf of the City Planner in a matter or proceeding specified in the Zoning Code. [18.06.020]

B. Exercise of Discretion [new]

In the event that a provision of the Zoning Code allows the Review Authority (responsible body or individual) to exercise discretion in the application of a specific standard or requirement, but does not identify specific criteria for a decision, the following criteria shall be used in exercising discretion:

1. The proposed project complies with all applicable provisions of the Zoning Code;

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.

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Chapter 1.20 Authority and Administration of Zoning Code

A. Authority

The Director has the authority to interpret any provision of the Zoning Code. Whenever the Director determines that the meaning or applicability of any Zoning Code requirement is subject to interpretation, the Director may issue an official interpretation. The Director may also refer any issue of interpretation to the Commission for their determination.

B. Language

When used in the Zoning Code, the following rules for words and language shall apply:

C. Time Limits

Whenever a number of days is specified in the Zoning Code, or in any permit, Condition of Approval, or notice provided in compliance with the Zoning Code, 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 specified number of days falls on a weekend or holiday.

D. Regulating Plan Boundaries

See Section 3.10.020 (Official Regulating Plan and Zones).

E. Allowable Uses of Land

1. The words “shall,” “must,” “will,” “is to,” and “are to” are always mandatory.

2. “Should” is not mandatory but is strongly recommended; and “may” is permissive.

3. The present tense includes the past and future tenses; and the future tense includes the present.

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

The Director has the authority to determine similar uses beyond what is explicitly identified in Article 3 (Specific to Zones). The Director may also refer any issue of similar use to the Commission for their determination.

F. State Law Requirements

Where the Zoning Code 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 be to the applicable State law provisions as they may be amended from time to time.

5. The words “includes” and “including” shall mean “including but not limited to . . .”.

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