This title shall be known as the "Zoning Ordinance of the City of Barstow."

(Ord. No. 934-2015, § 19.00.010, 7-20-2015)

The intent and purpose of this title is to encourage, classify, designate, regulate, restrict, and segregate the highest and best location and use of buildings, structures, and land for residence, commerce, trade, industry, water conservation, recreation, or other purposes in appropriate places; to regulate and limit the height, number of stories, and size of buildings, and other structures hereafter erected or altered; to regulate and determine the size of yards and other open spaces; and to regulate and limit the density of population, and for this purpose to delineate the city into land use districts of such number, shape, and area as may be deemed best suited to carry out these regulations and provide for their enforcement. Further, such regulations are deemed necessary in order to encourage the most appropriate use of land; to conserve and stabilize the value of property; to provide adequate open spaces for light and air and to prevent and fight fires; to prevent undue concentration of population; to lessen congestion on streets; to facilitate adequate provisions for community utilities such as transportation, water, sewerage, schools, parks, flood control and other public requirements; and to promote the esthetic, public health, safety, and general welfare; all in accordance with a comprehensive plan for the orderly development of the city and its environs.

(Ord. No. 934-2015, § 19.00.020, 7-20-2015)

(a)

In interpreting and applying the provisions of this title, they shall be held to the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare. It is not intended by this title to interfere with or abrogate or annul any easement, covenant or other agreement between parties. Where this title imposes a greater restriction upon the height of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or by easements, covenants or agreements, the provisions of this title shall control.

(b)

If ambiguity exists with reference to requirements as set forth herein and as they may pertain to unforeseen circumstances, it shall be the duty of the commission and council to ascertain all pertinent facts concerning the ambiguity and by resolution set forth its findings and reasons thereof, and thereafter their interpretation shall govern.

(Ord. No. 934-2015, § 19.00.030, 7-20-2015)

All departments, officials or public employees vested with the duty or authority to issue permits or licenses where required by law, shall conform to the provisions of this title. Licenses or permits for uses, buildings or purposes which would be in conflict with the provisions of this title shall not be issued. Any such license or permit, if issued in conflict with the provisions hereof, shall be null and void. Premises shall not be occupied or used and buildings hereafter erected or altered shall not be occupied or used until a certificate of compliance shall have been issued by the authorized planning personnel. This certificate of compliance shall be required when a building permit, or new business license use of land or buildings by this title or other ordinances of the city.

(Ord. No. 934-2015, § 19.00.040, 7-20-2015)

Any building or structure erected or maintained, or any use of property contrary to the provisions of this title is unlawful, and the city attorney, shall, upon order of the planning commission, city council, or the city manager immediately commence an action or actions, proceeding or proceedings for the abatement, removal and enjoyment thereof, in the manner provided by law; and shall take such other steps, and apply to such court or courts as may have jurisdiction to grant relief as will abate or remove the building, structure or use and restrain and enjoin any person from erecting or maintaining the building or structure or using any property contrary to the provisions of this title. It shall be the right and duty of every citizen to participate and assist the city officials in the enforcement of the provisions of this title.

(1)

All remedies provided for herein shall be cumulative and not exclusive. The conviction and punishments of any person hereunder shall not relieve that person from the responsibility of correcting prohibited conditions or removing prohibited buildings, structures or improvements, nor prevent the enforced correction or removal thereof.

(2)

Any person, firm or corporation whether as principal, agent, employee or otherwise, violating or causing or permitting the violation of any of the provisions of this title, or of any permit or exception granted hereunder shall be guilty of a misdemeanor and upon conviction thereof, shall be punishable for each offense by a fine of not more than five hundred dollars or by imprisonment in the county jail for a term not to exceed six months or by both such fine and imprisonment.

(3)

Each such person, firm or corporation shall be deemed guilty of a separate offense upon each day during any part of which any violation of any of the provisions of this title is committed, continued, permitted or maintained by such person, firm or corporation and punishable as herein provided.

(4)

In the event that any person, firm or corporation shall fail, neglect or refuse to demolish, remove, abate or correct a structure or condition existing in violation of this title, upon his or its property after a civil court order or criminal conviction obtained to this section, the city council by order or resolution may require the economic development and planning manager or city manager to demolish, remove, abate or correct the offending structure or condition. A statement of the cost of such work shall be transmitted to the city council who shall cause the same to be paid and levied as a special assessment against the property.

(Ord. No. 934-2015, § 19.00.050, 7-20-2015)

All construction, building, improvement, alterations, or enlargement undertaken after the effective date of the ordinance codified in this title within the city shall conform with the requirements, character, and conditions as to the use, height, and area laid down for each of these several land use districts as described in the following sections of this title. No person, firm or corporation shall erect, construct, establish, move into, alter, enlarge, or use, or to cause or permit to be erected, constructed, established, moved into, altered, enlarged, or used any building, structure, improvement, or use of premises located in any land use district described herein contrary to the provisions of this title.

(Ord. No. 934-2015, § 19.00.060, 7-20-2015)

The existing use, or uses, of all buildings, improvements and premises not in conformity with the standards or requirements of the land use district in which they are located, in accordance with the provisions of this title, and which uses are legal, or for which variances, site approval, conditional use permits or exceptions were granted under previous ordinances may continue as hereinafter provided and subject to the provisions regulating permits and the nonconforming building or use provisions of this title.

(Ord. No. 934-2015, § 19.00.070, 7-20-2015)

The area and dimension provisions of the sections dealing with the requirements shall apply to all lots; provided, however, that where a lot has a width, depth or area less than that required in the district classification of which it is a part and was conveyed by deed or contract prior to the effective date of the ordinance codified in this title, the lot may be occupied by the uses permitted in the district, subject to the area per dwelling unit and yard requirements and such other regulations as apply uniformly to all lots in the district.

(Ord. No. 934-2015, § 19.00.080, 7-20-2015)