The purpose of zoning this Chapter is to implement the General Plan by providing a context for the application of specific regulations regarding the allowable uses of land, and structures and their development.

Land, buildings and/or structures shall be used and constructed in accordance with the regulations and requirements of this Development Code; including obtaining applicable permits prior to use initiation. Construction, alteration, reconstruction and/or enlargement of buildings and the uses of buildings and land shall comply with the provisions of this Code subject to all applicable provisions of all Town ordinances, including the Town's Municipal Code.

In order to regulate the use of the land, buildings, and structures, and to establish minimum site development regulations and performance standards applicable to sites within the Town, the zoning districts listed in Table 9.05.030-A of this Code, Zoning Districts, are hereby established.

Table 9.05.030-A Zoning Districts

¹  Suffixes apply to zoned lands in the sphere of influence and to the north of the Town limits. These suffixes denote the minimum acreage per lot, as described in Chapter 9.28.

(Ord. No. 513, § 22, 8-27-2019)

A.

Boundaries Established. Boundaries of the zoning districts established by this Chapter shall be shown on the official Zoning Districts Map of the Town of Apple Valley. The official Zoning Districts Map, together with all legends, symbols, notations, references, district boundaries and other information thereon, shall be a part of this Development Code and is adopted concurrently herewith.

B.

Map on File. The official Zoning Districts Map and a record of all prior amendments thereto shall be kept on file with the Town Clerk, and shall constitute the original record. A copy of the currently effective District Map shall also be kept on file with the Planning Division. Changes in the boundaries of any district shall be made by ordinance and shall be reflected on the official Zoning Districts Map within thirty (30) days of the effective date of the ordinance.

The provisions of the overlay districts are established to be implemented in conjunction with the base zoning districts. Overlay districts shall be administered in the same manner as the base districts pursuant to the provisions of this Code. The overlay district symbol shall be applied to the official Zoning Districts Map in parentheses following the district symbol of the base district. In the event overlay district standards differ from those of the base district, the more restrictive standards shall apply.

A.

Wherever a lot or site is divided by the boundary between districts, the regulations applicable within each district shall apply to each portion of the site situated in a separate district.

B.

Where a boundary follows a public street or alley, the centerline of the street or alley shall be the boundary. Where a boundary follows a lot line, the lot line shall be the boundary.

C.

Where a district boundary divides a lot or parcel, the location of the district boundary, unless indicated by dimension, shall be determined by use of the scale appearing on the official Zoning Districts Map.

D.

A symbol or symbols indicating the classification of property on the official Zoning Districts Map shall in each case apply to the whole of the area within the zoning district boundaries.

E.

Where any public right-of-way is officially vacated or abandoned, the land use district regulations applied to abutting property shall thereafter extend to the centerline of such vacated or abandoned right-of-way.

F.

If any uncertainty exists, the Director shall determine the location of the district boundary.

A.

Applicability. When a use is not specifically listed in this Code, the use may be permitted if it is determined by the Director that the use is similar to other uses listed for a zoning district.

B.

Review Authority. The Town recognizes that every conceivable use cannot be identified in this Code; and, anticipating that new uses will evolve over time this Chapter establishes the Director's authority to determine similarity of a proposed use with those listed in this Code for a zoning district.

C.

Required Findings. In determining similarity of uses, the Director shall make all of the following findings before determining that a use is similar to other listed uses for the zoning district:

1.

The proposed use shall meet the intent of, and be consistent with the goals, objectives and policies of the General Plan;

2.

The proposed use shall meet the stated purpose and general intent of the district in which the use is proposed to be located;

3.

The proposed use shall not adversely impact the public health, safety and general welfare of the Town's residents; and

4.

The proposed use shall share characteristics in common with, and not be of greater intensity, density or generate more environmental impact, than those uses listed in the land use district in which it is to be located.

D.

Unlawful Uses. Uses which are unlawful under Federal or State law shall not be treated as permitted uses, and shall not be determined to be similar uses under this Section.

(Ord. No. 487, § 3, 9-27-2016)

The provisions of this Development Code are not intended to interfere with or void any easements, covenants or other existing agreements that are more restrictive than the provisions of this Development Code.

A.

Conflict With Other Regulations. Whenever the provisions of this Development Code impose more restrictive regulations than are imposed by any other applicable regulation, the provisions of this Development Code shall govern.

B.

Clarification of Ambiguity. If ambiguity arises concerning the appropriate classification of a particular use within the meaning and intent of this title, or if ambiguity exists with respect to matters of height, yard requirements, area requirements or District boundaries as set forth herein, it shall be the duty of the Director to ascertain all pertinent facts and set forth the findings and interpretations.

When interpreting and applying the regulations of this Code, the provisions contained herein shall be the minimum requirements, unless otherwise stated.

The density and intensity standards established in the Land Use Element of the General Plan shall apply to each lot, except as otherwise may be provided in this Development Code.

A.

For the purposes of establishing district regulations to become effective upon annexation, property outside the corporate boundaries of the Town, within the Sphere of Influence, may be classified within one or more districts in the same manner and subject to the same procedural requirements as prescribed for property within the Town.

B.

Upon passage of an ordinance establishing the applicable prezoning designation for property outside the Town, the official Zoning Districts Map shall be revised to show the prezoning classification to become effective upon annexation.

If any chapter, section, subsection, paragraph, sentence, clause or phrase of this Development Code is for any reason, held to be invalid or unconstitutional, such decision shall not effect the validity of the remaining portions of this Development Code. The Council hereby declares that it would have adopted this Development Code and each chapter, section, subsection, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one (1) or more portions of this Development Code might be declared invalid.