The provisions of this title shall be referred to as the "Bradbury Development Code" or "development code."

(Ord. No. 297, § 9.01.010.010, 3-20-2007)

The purpose of the regulations contained in this title is to classify, designate, regulate and restrict the use of buildings, land and structures, in order to permit the optimum use of land within the City; to serve the needs of residential, agricultural, water conservation and other purposes 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 and facilities, such as transportation, water, sewage, schools, parks and other public requirements; to lessen congestion on streets; and to promote the public health, safety, welfare and general prosperity with the aim of preserving a wholesome, serviceable and attractive community.

(Ord. No. 297, § 9.01.010.020, 3-20-2007)

(a)

The development code set forth in this title is enacted based on the authority vested in the City by the State, including, but not limited to: the State Constitution; the Planning and Zoning Law (Government Code § 65000 et seq.); the Subdivision Map Act (Government Code § 66410 et seq.); and the California Health and Safety Code.

(b)

This title and the zoning map (Section 9.58.030) are the primary tools used by the City of Bradbury to implement the goals, objectives, and strategies of the Bradbury General Plan, which is the overall development policy document of the City, hereafter referred to as the "General Plan."

(Ord. No. 297, § 9.01.010.030, 3-20-2007)

This title applies to all land uses, structures, subdivision, and development within the City, as provided herein.

(1)

New land uses or structures, changes to land uses or structures. Compliance with the requirements of this title is necessary for any person or entity to lawfully establish, construct, reconstruct, alter, or replace any use of land or structure.

(2)

Continuation of an existing land use. All uses allowed by reason of 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 9.19.020 and 9.19.030. Notwithstanding any other provision hereof, no such use which is being lawfully exercised in compliance with all applicable laws and with the conditions of approval applicable thereto, shall be deemed to be nonconforming, for any purpose, except as herein specifically set forth.

(3)

Continuation of existing nonconforming uses. No use established or conducted, nor any building or improvement existing or maintained, in violation of the former development code regulations of the City, shall be deemed to have acquired a legal nonconforming status by reason of the adoption of these regulations.

(4)

Effect of development code changes on projects in progress. If, as of the effective date of these regulations, legislative or administrative action is in process pursuant to the provisions of the former development code of the City, 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 hereof.

(5)

Other requirements may still apply. Nothing in this development code eliminates the need for obtaining any permit, approval or entitlement required by other provisions of this Code or complying with the regulations of any City department, or any City, County, regional, State, or Federal agency or district.

(6)

Conflicting requirements. Any conflicts between different requirements of this title, or between this title and another regulation, shall be resolved in compliance with Section 9.01.050.

(7)

Minimum requirements. These regulations shall be deemed and construed to be the minimum requirements necessary for the promotion of the public health, safety, interest and welfare, unless the contest of a specific regulation clearly provides otherwise.

(8)

Reference to other laws. Whenever reference is made herein to other provisions hereof or other laws, that reference shall be deemed to apply to all amendments now, or hereafter, adopted.

(9)

Replacement of previous regulations. Insofar as the regulations contained in this Code are substantially similar to the former development code regulations in effect as of the date of adoption hereof, these said provisions shall be construed as restatements and continuations of such regulations and not as new enactments.

(Ord. No. 297, § 9.01.010.040, 3-20-2007)

It shall be the duty of the City Manager, where reasonably necessary, to interpret the provisions of this title to assure adherence to the City Council's purpose and intent in adopting the provisions contained in this title. All such interpretations shall be reduced to written form, and shall be permanently maintained by the City Manager.

(1)

Any person who is aggrieved by any such interpretation may, in writing, within ten days after the date of the City Manager's decision, request that such interpretation be reviewed by the Planning Commission. Upon receipt of such a request, the Planning Commission, at its next regularly scheduled meeting, shall review the interpretation as made, and shall approve, modify or disapprove the same. The Planning Commission shall issue its decision in writing.

(2)

Any person aggrieved by the decision of the Planning Commission may, in writing, within ten days after the date of the Planning Commission's decision, request that such decision be reviewed by the City Council. Upon receipt of such request, the City Council, at its next regularly scheduled meeting, shall review the decision and shall approve, modify or disapprove the same. The interpretation by the City Council shall be deemed final and conclusive. The City Council shall issue its decision in writing within 45 days of the close of the hearing.

(Ord. No. 297, § 9.01.010.050, 3-20-2007)

If any provision hereof or the application thereof to any person or property is held invalid for any reason, the remaining provisions hereof shall not be affected by such invalidity.

(Ord. No. 297, § 9.01.010.060, 3-20-2007)