Chapter 17.100 — PURPOSE AND EFFECT OF ZONING CODE

This Title is and shall be cited as the Westminster Zoning Code, Title 17 of the Westminster Municipal Code, hereafter referred to as "this Title." (Ord. 2456 § 2, 2010)

This Title carries out the policies of the Westminster General Plan (hereafter referred to as the "General Plan") by classifying and regulating the uses of land and structures within the City. This Title is adopted to protect and promote the public health, safety, and general welfare of residents and businesses in the City of Westminster (hereafter referred to as the "City"). More specifically, it is the purpose of this Title to:

• A. Provide standards that will guide the orderly growth and development of the City;

• B. Preserve and protect the integrity and character of the City's residential neighborhoods;

• C. Maintain vital areas for business activities that serve the community and protect the quality of life;

• D. Require thoughtful planning and design that enhances the visual character of the City and avoids conflicts between land uses;

• E. Create a comprehensive and stable pattern of land uses for which public services and infrastructure can be efficiently and adequately planned;

• F. Ensure that property within the City is well maintained by requiring each owner, occupant, or other person in charge of any property to keep it in good repair and in compliance with the provisions of this Title; and

• G. Develop new zoning standards and criteria where necessary to achieve consistency with the General Plan.

• (Ord. 2456 § 2, 2010)

• A. Authority. This Title is enacted based on the authority vested in the City by the Westminster Municipal Code (hereafter referred to as "WMC") and by the State of California, including, but not limited to: the State Constitution ; the State Planning and Zoning Law (California Government Code Section 65800 et seq.); the California Environmental Quality Act (California Public Resources Code, Division 13, Section 21000 et seq.); the California Health and Safety Code ; and other applicable statutory provisions.

• B. General Plan Consistency. The General Plan is the document that establishes the broad goals and policies for all future development within the City. This Title is the primary tool used to implement the goals, objectives, and policies of the General Plan. The City Council intends that this Title be consistent with the General Plan, and that any land use or development approved in compliance with this Title also be consistent with the General Plan.

• (Ord. 2456 § 2, 2010)

This Title applies to all land uses, structures, subdivisions, and development within the City:

• A. New Land Uses or Structures. It is unlawful, and a violation of this Title, for any person to establish or construct any land use or structure, except in compliance with the requirements of this Title.

• B. Existing Land Uses or Structures. The requirements of this Title are not retroactive in their effect on land uses or structures lawfully established before the effective date of the ordinance codified in this Title or any applicable amendment. Existing land uses or structures are lawful and not in violation of the WMC only when operated and maintained in compliance with all applicable provisions of this Title. Any alteration, expansion, or modification of existing land uses or structures shall comply with all provisions of this Title.

• C. Issuance of Building or Grading Permits. The City may issue building, grading, or other construction permits only when:

  1. The proposed land use and/or structure satisfies the requirements of subsection A. , New Land Uses or Structures , and all other applicable statutes, ordinances, rules, and regulations; and

  2. The site was subdivided in compliance with all applicable requirements of Title 16, Subdivisions, of the WMC or the County of Orange.

• D. Subdivision of Land. Any subdivision of land proposed within the City after the effective date of the ordinance codified in this Title shall be consistent with Title 16, Subdivisions , of the WMC.

• E. Effect of Zoning Code Amendments on Projects in Progress. All land use permit applications that have been determined by the Planning Division to be complete before the effective date of the ordinance codified in this Title, or any amendment to this Title, will be processed in compliance with the requirements in effect when the application was accepted as complete.

• F. Other Permits and Requirements. Nothing in this Title eliminates the need for obtaining any other permits required by the City, or any permit or approval required by other provisions of the WMC or the laws, rules, or regulations of any City department, or any County, regional, State, or Federal agency.

• G. Conflicting Permits and Licenses. All permits shall be issued by the City in compliance with the provisions of this Title after the effective date of the ordinance codified in this Title or any amendment to this Title. Any permit, excluding business tax certificates, issued in conflict with this Title shall be void.

• (Ord. 2456 § 2, 2010)

This Title shall be administered by the Mayor and the City Council (hereafter referred to as the "Council"), Planning Commission (hereafter referred to as the "Commission"), Design Review Board (hereafter referred to as the "Board"), Community Development Director or designee (hereafter referred to as the "Director"), and Planning Division (hereafter referred to as the "Division") as provided in Chapter 17.600 , Administrative Responsibility . (Ord. 2456 § 2, 2010)

If any article, section, subsection, paragraph, subparagraph, sentence, clause, phrase, term, or portion of this Title is for any reason held to be invalid, unconstitutional, or unenforceable, these decisions shall not affect the validity of the remaining portions of this Title. This Title and each portion thereof would have been adopted irrespective of the fact that one or more portions of this Title may be declared invalid, unconstitutional, or unenforceable. (Ord. 2456 § 2, 2010)

Failure to follow the procedural requirements contained within this Title shall not invalidate City actions taken in the absence of a clear showing of intent. (Ord. 2456 § 2, 2010)