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Belvedere City Zoning Code

19.04 General

Provisions

19.04.010 Statutory provisions incorporated by reference.

This Title is enacted pursuant to Articles I and II, Chapter 4 of the Government Code of this state, which Articles I and II and any amendments thereof hereafter enacted, or any statute hereafter enacted in lieu thereof upon the repeal thereof, is incorporated herein and made a part of this Title by this reference. (Ord. 89-1 § 1, 1989.)

19.04.012 Title.

This Title shall be known and cited as the “Zoning Ordinance of the City of Belvedere.” (Ord. 89-1 § 1, 1989.)

19.04.015 Objectives.

The Zoning Ordinance is adopted to protect and to promote the public health, safety, comfort, convenience, prosperity and general welfare. More specifically, the Zoning Ordinance is adopted in order to achieve the following objectives:

A. To provide a precise guide for the physical development of the City in such a manner as to preserve its essential residential character, and, consistent with that objective, to achieve progressively the arrangement of land uses and open spaces depicted in the general plan;

B. To foster a harmonious, convenient, workable relationship among land uses;

C. To promote the stability of existing land uses that conform with the general plan and to protect them from inharmonious influences and harmful intrusions;

D. To ensure that public and private lands-ultimately are used for the purposes which are most appropriate and most beneficial to the City as a whole;

E. To prevent excessive population densities and overcrowding of the land with structures;

F. To promote a safe, effective traffic circulation system;

G. To require the provision of adequate off-street parking and truck-loading facilities;

H. To permit office and commercial activities in appropriate locations in accordance with the general plan in order to strengthen the City’s economic base;

I. To facilitate the appropriate location of community facilities;

J. To preserve the natural beauty of the City’s setting and ensure conservation of its scenic, recreation and wildlife resources;

K. To ensure that uses and structures enhance their sites and harmonize with improvements in the surrounding area;

L. To ensure that new development will not overtax existing utilities systems or community facilities or services or that, alternatively, provision is made to supplement existing utilities systems or community facilities or services where needed to accommodate new development. (Ord. 89-1 § 1, 1989.)

19.04.020 Scope of chapter requirements—Limitations.

A. In their interpretation and application, the provisions of this title shall be held to be the minimum requirements adopted for the promotion of the public health, safety and welfare. It is not intended by this title to impair, interfere with, abrogate, repeal or annul existing provisions of other laws or ordinances, except those contrary to or inconsistent with this title. Nor is it intended by this title to impair, interfere with or abrogate or annul existing private restrictions placed upon property by or with restrictive covenants running with the land; except, that where this title imposes a greater restriction upon the use of any premises or land than is imposed or required by existing provisions of contracts, covenants or other private agreements, the provisions of this title shall control. Any amendment to this title shall not invalidate variances, use permits, building permits or other permits validly issued prior to, and existing on, the effective date of such amendment.

B. Two-unit developments, as defined by Section 19.08.527, will be reviewed and approved under Chapter 19.77. In the event of a conflict between Chapter 19.77 and any other provisions of this title, Chapter 19.77 shall prevail. (Ord. 2022-10 § 5, 2023; Ord. 89-1 § 1, 1989.)

19.04.030 City officers and employees to observe provisions.

All departments, officers and employees of the City vested with the duty or authority to issue licenses, permits or certificates of occupancy, where required by law, shall observe the provisions of this Title. (Ord. 89-1 § 1, 1989.)

19.04.040 Administration—City Council and Planning Commission powers.

The City Council and the Planning Commission shall each have power to issue subpoenas for and to require the attendance of witnesses and the production of records and documents, to administer oaths, and to certify to all official acts under this Title. (Ord. 89-1 § 1, 1989.)

19.04.050 Contents.

The Zoning Ordinance shall consist of a zoning map designating certain districts and a set of regulations controlling the uses of land, the density of population, the height, bulk, size, locations, and uses of structures, the open spaces about structures, the areas and dimensions of site, the appearance of certain uses, structures and signs; requiring the provision of screening and landscaping, and off-street parking and off-street loading facilities; and controlling the location, number, size and illumination of signs. (Ord. 89-1 § 1, 1989.)

19.04.060 Fees.

The City Council shall set by resolution a schedule of fees for processing the various applications required by this Title. All required fees shall be paid at the time of filing, and no processing shall commence until the fee is paid. (Ord. 89-1 § 1, 1989.)