Part I — Basic Provisions

Part I. - Basic Provisions

Chapter 16.101 through Chapter 16.105, inclusive, shall be known as the general provisions of the zoning ordinance.

Chapter 16.101 - GENERAL PROVISIONS

The provisions of Title 16 of the municipal code shall be known as the "zoning ordinance" of the city of Vallejo and cited herein as "the zoning code". These regulations are adopted pursuant to the authority contained in section 65850 of the California Government Code.

The purpose of the Zoning Code shall be to serve the public health, safety and general welfare, to provide the advantages resulting from the implementation of the Vallejo general plan, cited in the Zoning Code as 'the general plan", and to achieve the following objectives:

A.

To provide a precise guide for the physical development of the city in a manner that will progressively achieve the arrangement of land uses depicted in the general plan, consistent with the goals and policies of the general plan;

B.

To foster harmonious and workable relationships between different land uses to ensure compatible infill development consistent with the general plan;

C.

To support economic development and job creation and provide for the housing needs of all economic segments of the community consistent with the housing element;

D.

To promote high quality architecture, landscaping and urban design that will conserve the city's natural beauty, improve its appearance and enhance its physical character;

E.

To provide adequate open spaces for light and air;

F.

To facilitate the adequate provision and appropriate location of community facilities, institutions, parks, and recreational areas;

G.

To promote the stability of existing land uses that conform with the general plan, protecting them from adverse influences and harmful intrusions, and conserve and enhance the value of real property; and

H.

Promote responsible use and conservation of natural resources taking full account of present needs and interests without compromising the interests of future generations and other species. The Zoning Code shall apply, to the extent permitted by law, to all property within the corporate limits of the city of Vallejo and to property for which applications for annexation and/or subdivisions have been submitted to the city of Vallejo, including all uses, structures and land owned by any private person, firm, corporation or organization, or the city of Vallejo or other local, State or federal agencies. 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 of Vallejo.

I.

Compliance with Regulations. No land shall be used, and no structure shall be constructed, occupied, enlarged, altered, demolished or moved in any zoning district, except in accordance with the provisions of the Zoning Code. The lawful use or uses of all buildings, improvements and premises existing in any zoning district at the time of the adoption of and codified in the Zoning Code may be continued except as provided by the Zoning Code.

1.

Conformity of Open Spaces. No yard, court or open space, or part thereof, shall be included as a part of the yard, court or open space similarly required for any other building, structure or dwelling under this Code.

2.

Permitted Uses. Any use that is not listed or enumerated in the Zoning Code is prohibited. Unless specified in this Code, no land use may be established within the city by right. All persons wishing to establish a use within the city must apply to the planning and development services director (director), as defined in Section 16.601.604, planning and development services director or his or her designee to ascertain if the

proposed use is permitted and must apply for and receive approval for the proposed use as provided in the Zoning Code.

3.

Permits. Any person desiring to operate, establish, expand, convert one use to another, or relocate any use shall file with the planning division an application for the appropriate permit on a standard application form supplied by the planning division.

4.

Use Justification. It is the burden of the applicant to supply evidence to justify the approval of the proposed use, as applicable.

J.

Relation to Other Regulations.

1.

General. The regulations of the Zoning Code and requirements or conditions imposed pursuant to the Zoning Code shall not supersede any other regulations or requirements adopted or imposed by the Vallejo city council, the state of California, or any federal agency that has jurisdiction by law over uses and development authorized by the Zoning Code. All uses and development authorized by the Zoning Code shall comply with all other such regulations and requirements. Where conflict occurs between the provisions of the Zoning Code and any other city ordinance, chapter, resolution, guideline or regulation, the more restrictive provisions shall control, unless otherwise specified.

2.

Permit Streamlining Act. It is the intent of the Zoning Code that all actions taken by the review authority and decision-making body pursuant to the Zoning Code that are solely adjudicatory in nature be within a time frame consistent with the provisions of Government Code Section 65920 et seq. (The Permit Streamlining Act). Nothing in the Zoning Code shall be interpreted as imposing time limits on actions taken by the review authority and decision-making body pursuant to the Zoning Code that are legislative in nature or that require both adjudicatory and legislative judgments.

3.

Relation to Private Agreements. The Zoning Code shall not annul any recorded easement, covenant, or other agreement now in effect, provided that where the Zoning Code imposes greater restriction than imposed by an easement, covenant, or agreement, the Zoning Code shall control.

4.

Relation to Prior Ordinance. The provisions of the Zoning Code supersede all prior Zoning Ordinances codified in Title 16 of the Vallejo Municipal Code and any amendments. No provision of the Zoning Code shall validate any land use or structure established, constructed or maintained in violation of the prior

Zoning Ordinance, unless such validation is specifically authorized by the Zoning Code and is in conformance with all other regulations.

1.

Application During Local Emergency. The city council may authorize a temporary deviation from a provision of the Zoning Code during a local emergency declared and ratified under the Vallejo Municipal Code. The city council may authorize a temporary deviation during such emergency by resolution without notice or public hearing.

K.

Consistency with the General Plan. Any permit, license or approval issued pursuant to the Zoning Code must be consistent with the General Plan and all applicable specific plans. In any case where there is a conflict between the Zoning Code and the general plan, the general plan shall prevail.

L.

Effect on previously approved projects and projects in progress. Notwithstanding the provisions of this Zoning Code, the following projects may proceed in accordance with the provisions of the previous Zoning Code.

1.

Projects with Currently Valid Building Permit. Any building or structure for which a building permit has been issued may be completed and used in accordance with the plans, specifications and permits on which said building permit was granted, provided that the issued building permit has not expired and that substantial construction has begun and is diligently pursued, and completed prior to the expiration of the building permit. Only one extension of up to one year shall be granted for any such building permit.

2.

Previously Approved Development Permit. The erection, construction, enlargement, demolition, moving, conversion of, and excavation and grading for any building or structure for which a development permit had been approved prior to the Effective Date of Ordinance Number 1855 N.C., and for which construction has begun and the entitlement vested within one year of the Effective Date of Ordinance Number 1855 N.C. is valid and remains in effect.

3.

Applications Deemed Complete. Any project for which an development permit application was filed and determined by the department to be or which is deemed complete by operation of law, prior to the effective date of Ordinance Number 1855 N.C. will be reviewed under the prior Zoning Code. However, in the event that such application is approved, a building permit must be applied for within one year of approval of such development permit approval, if such building permit is approved within such one year period, construction must be commenced and be vested within one year of the approval of such building permit. Any application submitted after the effective date of Ordinance Number 1855 N.C. or any application not vested

within the time period set forth herein shall result in any future development at the site being required to be in compliance with this Zoning Code.

If any chapter, section, paragraph, sentence, clause or phrase of the Zoning Code is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Zoning Code. The Vallejo city council hereby declares that it would have passed the Zoning Code, and each chapter, section, sentence, clause and phrase thereof, regardless of the fact that any or one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

The city council shall by resolution establish, and from time to time, amend the Master Fee Schedule that includes fees for permits, appeals, amendments, and approvals required or permitted by the Zoning Code. Applications processed concurrently shall be subject to separate fees for each application filed unless specifically exempted by the city council.