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Bell City Zoning Code

CHAPTER 17

04 GENERAL PROVISIONS

§ 17.04.010 Short title.

This title shall be referred to as the Bell zoning code.
(Prior code § 9200)

§ 17.04.020 Replacement of previous regulations.

Insofar as the provisions of this title are substantially similar to the former zoning regulations in effect as of the adoption of this title, the provisions of this title shall be construed as restatements and continuations of such regulations and not as new enactments.
(Prior code § 9201)

§ 17.04.030 Purpose.

The purpose of these regulations is to classify, designate, regulate and restrict the use of buildings, land and structures, in order to permit the highest and best use of land within the city to serve the needs of residential, commercial and industrial developments within the city, to regulate and limit the height, number of stories, size and location of buildings and other structures, hereafter designed, erected or altered; to regulate the size of yards and open spaces; to regulate and limit the density of population; to facilitate adequate provisions for community utilities, such as transportation, water, sewerage, schools, parks and other public requirements; to lessen congestion on streets; to promote the public health, safety, welfare and general prosperity with the aim of preserving a wholesome, serviceable and attractive community.
(Prior code § 9202)

§ 17.04.040 Minimum requirements.

In applying the provisions of these regulations to uses within the city, the same shall be deemed and construed to be the minimum requirements necessary for the promotion of the public health, safety, interest and welfare, unless the context of the regulation clearly otherwise provides.
(Prior code § 9203)

§ 17.04.050 Reference to other laws.

Whenever reference is made herein, to other provisions of this code, or other laws, such reference shall be deemed to apply to all amendments now, or hereafter, adopted, with reference thereto.
(Prior code § 9204)

§ 17.04.060 Continuations of zone variances and conditional use permits.

All uses allowed by reason of zone variances and conditional or special use permits heretofore issued by the city, shall be deemed to remain in full force and effect, subject to the provisions of Sections 17.96.170 and 17.96.180 of this title. Notwithstanding any other provision of this code, no use permitted by such variance or permit heretofore issued, which is being lawfully exercised in compliance with the conditions imposed upon the issuance thereof, shall be deemed to be nonconforming for any purpose, except as herein specifically set forth.
(Prior code § 9206)

§ 17.04.070 Continuation of existing nonconforming uses.

No use established or conducted, nor any building or improvement existing or maintained, in violation of the former zoning regulations of this city, shall be deemed to have acquired a legal nonconforming status by reason of the adoption of these regulations.
(Prior code § 9207)

§ 17.04.080 Procedure regarding pending proceedings.

If, as of the effective date of the ordinance codified in this chapter, pursuant to the provisions of Ordinance No. 380, as amended, legislative or administrative action is in process, such action shall be deemed to have been taken pursuant to the provisions of this title, and shall be finally processed, insofar as possible, in accordance with the provisions of this title.
(Prior code § 9208)

§ 17.04.090 Clarification of ambiguity.

If an ambiguity shall be found with reference to these regulations, including but not limited to, the appropriate classification of a particular use, the commission shall consider the matter and shall, by resolution, recommend to the city council the clarification of such ambiguity. When such a commission resolution has been approved by the city council, the same shall be deemed to be in force and effect and shall govern the interpretation of the affected provisions of this title, to which the same relates, until such time as an appropriate amendment thereto has been duly adopted.
(Prior code § 9245)

§ 17.04.100 Certificates of occupancy required.

No person shall use any building, land or structure, nor shall the owner of any property allow such use, unless and until the director issues, for such use, a certificate of occupancy, indicating the same complies with all applicable laws, including but not limited to, the provisions of this title. Where the director refuses the issuance of such a certificate, he or she shall give the applicant written notice thereof; his or her decision shall be subject to an appeal in the time and manner provided in Sections 17.20.050 and 17.20.060 of this title.
(Prior code § 9246)

§ 17.04.110 Violation of provisions-No building permit or certificate of occupancy to be issued.

No building permit or certificate of occupancy shall be issued for any building, structure or use which has been erected, constructed, maintained or utilized in violation of any provision of this title, or any other applicable law. Any such permit or certificate issued erroneously for a use, building or structure, which does not comply with such laws, shall, for all purposes, be null, void and of no effect.
(Prior code § 9247)

§ 17.04.120 Application of regulations to city-owned property.

The provisions of this title shall not apply to real property which is owned or leased, and is in use by the city, the Bell community redevelopment agency or the Bell surplus property authority.
(Prior code § 9248)