Chapter 10.02 — GENERAL PROVISIONS

A zoning ordinance for the City of Tulare, State of California, which is a part of the Tulare Municipal Code, has been adopted, as provided in this title.

(Ord. 2025-01, passed 1-7-2025)

The zoning ordinance is adopted to preserve, protect, and promote the public health, safety, peace, comfort, convenience, prosperity, and general welfare of the citizens of Tulare. More specifically, the zoning ordinance is adopted to achieve the following objectives:

(A) Provide a Zoning Map and associated regulations to guide the physical development of the city in such a manner as to progressively achieve the general arrangement of the land uses described and depicted in the Tulare General Plan.

• (B) Ensure that new development is logical, desirable, and in conformance with the objectives and policies of the General Plan.

• (C) Provide standards for the orderly development of Tulare; conserve natural resources.

• (D) Maintain and protect the value of property.

• (E) Promote a safe and effective traffic circulation system.

• (F) Ensure the provision of adequate open space for light, air, and recreation.

• (G) Promote the economic stability of existing land uses that conform to the General Plan and protect them from intrusions by inharmonious or harmful land uses.

• (H) Permit the development of residential, office, commercial, and industrial land uses in accordance with the General Plan to strengthen Tulare's economic base.

• (I) Protect the character of Tulare's downtown and its residential neighborhoods.

• (J) Provide the private sector with a document upon which it can base investment decisions.

• (K) Inform the public where certain types of development will occur in the community as well as the development standards to which they will develop.

• (L) Coordinate with the County of Tulare in regard to the use of land within Tulare's General Plan planning area, and the standards to which development will conform if it occurs outside the city limits.

• (Ord. 2025-01, passed 1-7-2025)

This title shall be known as the "zoning ordinance." The words "code" and "ordinance," as used in this title, shall have the same meaning.

(Ord. 2025-01, passed 1-7-2025)

The zoning ordinance shall consist of a Zoning Map designating certain districts and a set of regulations controlling land uses, population density, structures' uses and locations, and the height and bulk of structures. It shall also consist of the open spaces about structures; the appearance of certain uses and structures; the areas and dimensions of sites; the location, size, and illumination of signs; the number and design of off-street parking and off-street loading facilities; and the process for approving discretionary land use actions. The Zoning Map will delineate Tulare's zone districts.

(Ord. 2025-01, passed 1-7-2025)

This title is adopted pursuant to the provisions of the Planning and Zoning Law, Cal. Gov’t Code Title 7, § 65000 of the State of California.

(A) The Community Development Director (Director) shall resolve any questions that involve the interpretation or application of this title. The Director may seek the advice of the City Attorney before deciding on any interpretation. The Director's opinion on any provision of this title may be appealed to the Planning Commission. The Planning Commission shall review the provision of this title in question and shall set forth its findings as a resolution. This finding shall govern unless appealed to the City Council.

(B) From time to time, persons may wish to use the property for purposes that, while consistent with provisions of the district in which the property is located, may, in the findings of the Director, violate the purpose and objectives of this title. When such findings are made, the Director may inform the person that the proposed use of the property is not permitted and shall subsequently report the findings to the Planning Commission for their review, findings, and recommendation.

(Ord. 2025-01, passed 1-7-2025)

The zoning ordinance is the primary tool used to implement the goals and policies contained within the General Plan. All matters governed by this title shall substantially conform to the purposes, intent, or provisions of the General Plan. Any recommendations for zone changes, if found to be not in conformance with the General Plan and its phrasing, shall not be permitted unless it is also found that the General Plan is in error or need of change. In this situation, the General Plan must also be amended to maintain consistency between the General Plan and the zoning ordinance.

(Ord. 2025-01, passed 1-7-2025)

Specific plans are designed to meet the requirements of the State Government Code and the General Plan. All uses, buildings, or structures located within a specific plan area shall comply with the provisions of the applicable specific plan. Where such provisions conflict with the zoning ordinance, the requirements of the adopted specific plan shall take precedence over the zoning ordinance. In instances where the specific plan is silent, the provisions of the zoning ordinance shall prevail.

(Ord. 2025-01, passed 1-7-2025)

Design guidelines, which can be adopted by the City Council, are intended to supplement the general design and development regulations located in the zoning ordinance. Design guidelines represent the city's preferences and provide examples of appropriate, quality design that positively contribute to the character of the community, but they are not intended to preclude alternatives or restrict imagination. In the event there is a conflict between the zoning ordinance and the design guidelines, the regulations in the zoning ordinance shall prevail. (Ord. 2025-01, passed 1-7-2025)

No provision of this title is intended to abrogate, repeal, annul, impair, or interfere with any existing ordinance of the city. Where this title imposes greater restrictions or regulations than are imposed or required by an existing ordinance, deed restriction, covenant, easement, or agreement between parties, this title shall control. (Ord. 2025-01, passed 1-7-2025)

Any conflicts between the requirements of this title, or between this title and other regulations, shall be resolved as follows:

(A) In the event of any conflict between the provisions of this title, the most restrictive requirement shall control. (B) In the event of any conflict between the requirements of this title and standards adopted as part of any development agreement or specific plan, the requirements of the development agreement or specific plan shall control. (C) In the event of any conflict between the requirements of this title and other regulations of the city, the most restrictive requirement shall control, as determined by the city.

(D) It is not intended that the requirements of this title shall interfere with, repeal, abrogate, or annul any easement, covenant, or other development agreement that existed when this zoning ordinance became effective. This zoning ordinance applies to all land uses and development regardless of whether it imposes a greater or lesser restriction on the development or use of structures or land than an applicable private agreement or restriction, without affecting the applicability of any agreement or restriction. The city will not enforce any private covenant or agreement unless the city is a party to the covenant or agreement. Where a requirement of a private covenant or agreement directly conflicts with a requirement in this title, the city will enforce the requirements of this title.

(Ord. 2025-01, passed 1-7-2025)

To the extent permitted by applicable law, 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 or any of its agencies or political subdivisions; by any county or city, including the City of Tulare, or any of its agencies; or by any authority or district organized under the laws of the state, except for exemptions specifically allowed by state and federal law or amendments thereto. Lands that are exempt from these regulations are:

(A) Public streets and alleys.

(B) Railroad rights-of-way.

(Ord. 2025-01, passed 1-7-2025)

(A) The Director of the Community Development Department shall be responsible for enforcing the provisions of this title, including objectives, conditions, development standards, and processing procedures, issuing citations, and making arrests pursuant to Cal. Penal Code § 836.5.

(B) All or any part of any real property, structure, or use which is established, operated, erected, moved, altered, enlarged, or maintained, contrary to the provisions of this title, is hereby declared to be unlawful and a public nuisance and shall be subject to the remedies and penalties set forth in this chapter and/or revocation procedures contained in other chapters of this title.

(C) Any permit, certificate, or license issued subsequent to the effective date of and in conflict with this title shall be null and void.

(D) In the discharge of enforcement duties, authorized persons shall have the right to enter any site or structure for the purpose of investigation and inspection. The right of entry shall be exercised only at reasonable hours and only with the consent of the owner or tenant unless a written order from the court has been issued.

(E) Any person violating any provisions of this title shall be guilty of an infraction pursuant to Cal. Penal Code § 19(c) and upon conviction thereof shall be subject to the general penalty provisions of this chapter. A person shall be deemed guilty of a separate offense for each day during any portion of which a violation of this title is committed, continued, or permitted by the person, and shall be punishable by the person as herein provided.

(F) Any structure or part of a structure erected, moved, altered, enlarged, or maintained, and any use of a site contrary to the provisions of this title is hereby declared to be unlawful and a public nuisance, and the City Attorney shall immediately institute necessary legal proceedings for the abatement, removal, and enjoinment thereof in the manner provided by law and shall take such other steps as may be necessary to accomplish these ends, and shall apply to a court of competent jurisdiction to grant the relief as will remove or abate the structure or use and restrain or enjoin the person from erecting, moving, altering or enlarging the structure or using the site contrary to the provisions of this title.

(G) All remedies provided for herein shall be cumulative and not exclusive.

(H) Any person, partnership, organization, firm, or corporation, whether as principal, agent, employee, or otherwise, violating any provision(s) of this title or any condition imposed on an entitlement, permit, or license, or violating or failing to comply with any order made hereunder, shall be guilty of an infraction or a misdemeanor and, upon conviction thereof, shall be punished by:

(1) A fine not exceeding $50 for a first violation.

(2) A fine not exceeding $100 for the second violation of the same provision of this title within one year.

(3) A fine not exceeding $250 for each subsequent violation of the same provision of this title within one year.

(4) The phrase "violation of the same provision," as used in this section, means and refers to a violation of the same numbered section of the Tulare zoning ordinance. In addition, each day such violation continues shall be regarded as a new and separate offense.

(I) The city may impose fees on applicants to cover the full costs incurred by the city for the monitoring and enforcement of the requirements of this title as well as those conditions and mitigation measures imposed on an approved permit or license.

(Ord. 2025-01, passed 1-7-2025)

(A) All officials, departments, and employees of the city vested with the authority or duty to issue permits, certificates, or licenses shall comply with the provisions of this title and the rest of the Tulare Municipal Code and shall issue no permit, certificate, or license that conflicts with the provisions of this title. Any permit, certificate, or license issued in error that is in conflict with the provisions of this title shall, upon its issuance, be void.

(B) A business license for any new business or for a new location for any existing business activity shall not be issued until the Director or designee has determined that the conduct of the business activity is not in violation of any provision of this title.

(Ord. 2025-01, passed 1-7-2025)