There is adopted, as provided in this title, a zoning ordinance for the city of Chowchilla, state of California, which is a part of the Chowchilla Municipal Code.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The zoning ordinance is adopted to preserve, protect, and promote the public health, safety, peace, comfort, convenience, prosperity and general welfare of the citizens of Chowchilla. More specifically, the zoning ordinance is adopted to achieve the following objectives:

A.

To provide a zoning map and associated regulations to guide the physical development of the city in such a manner as to progressively achieve the general arrangement of the land uses described and depicted in the Chowchilla General Plan;

B.

To foster a wholesome, serviceable and attractive living environment, the beneficial development of areas that exhibit conflicting patterns of use, and the stability of existing land uses that conform with the objectives, policies, principles and standards of the general plan;

C.

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

D.

To promote a safe, effective traffic circulation system, the provision of adequate off-street parking and truck loading facilities, and the appropriate location of community facilities;

E.

To protect and promote appropriately located commercial and industrial activities in order to preserve and strengthen the city's economic base;

F.

To protect and enhance real property values and the city's natural assets;

G.

To ensure that new development is logical, desirable, and in conformance with the objectives and policies of the general plan; and

H.

To provide and protect open space in accordance with the policies of the general plan;

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

This title shall be known as the "zoning ordinance." The words "code" and "ordinance" as used in this title shall have the same meaning.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

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 uses and locations of structures; and the height and bulk of structures. It shall also consist of the open spaces about structures; the appearance of certain uses and structures; the areas and dimensions of sites; the location, size and illumination of signs; and the number and design of off-street parking and off-street loading facilities.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 503-20, § 2(Atts. 2, 4), 10-27-2020)

This title is adopted pursuant to the provisions of the Planning and Zoning Law, Title 7 of Government Code Section 65000 of the state of California.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The zoning ordinance is the primary tool used to implement the goals and policies contained within the general plan. All matters governed by this title shall substantially conform to the purposes, intent or provisions of the general plan. Any recommendations for zone changes, if found to be not in conformance with the general plan and its phrasing, shall not be permitted unless it is also found that the general plan is in error or in need of change. In this situation, the general plan must also be amended to maintain consistency between the general plan and the zoning ordinance.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Specific plans are designed to meet the requirements of the State Government Code and the general plan. All uses, buildings, or structures located within a specific plan area shall comply with the provisions of the applicable specific plan. Where such provisions conflict with the zoning ordinance, the requirements of the adopted specific plan shall take precedence over the zoning ordinance. In instances where the specific plan is silent, the zoning ordinance shall prevail.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Design guidelines are intended to supplement the general design and development regulations located in the zoning ordinance. Conformance to the design guidelines is strongly encouraged, but not mandatory. The design guidelines represent the city's preferences and provide examples of appropriate, quality design that positively contribute to the character of the community, but they are not intended to preclude alternatives or restrict imagination. In the event there is a conflict between the zoning ordinance and the design guidelines, the regulations in the zoning ordinance shall prevail.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

No provision of this title is intended to abrogate, repeal, annul, impair or interfere with any existing ordinance of the city. Where this title imposes greater restrictions or regulations than are imposed or required by an existing ordinance, deed restriction, covenant, easement or agreement between parties, this title shall control.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Any conflicts between requirements of this title, or between this title and other regulations, shall be resolved as follows:

A.

In the event of any conflict between the provisions of this title, the most restrictive requirement shall control.

B.

In the event of any conflict between the requirements of this title and standards adopted as part of any development agreement or specific plan, the requirements of the development agreement or specific plan shall control.

C.

In the event of any conflict between requirements of this title and other regulations of the city, the most restrictive requirement shall control, as determined by the city.

D.

It is not intended that the requirements of this title shall interfere with, repeal, abrogate or annul any easement, covenant, or other development agreement that existed when this zoning ordinance became effective. This zoning ordinance applies to all land uses and development regardless of whether it imposes a greater or lesser restriction on the development or use of structures or land than an applicable private agreement or restriction, without affecting the applicability of any agreement or restriction. The city will not enforce any private covenant or agreement unless the city is a party to the covenant or agreement. Where a requirement of a private covenant or agreement directly conflicts with a requirement in this title, the city will enforce the requirements of this title.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

To the extent permitted by applicable law, this title shall apply to all property, whether owned by private persons, firms, corporations or organizations; by the United States of America or any of its agencies; by the state or any of its agencies or political subdivisions; by any county or city, including the city of Chowchilla, or any of its agencies; or by any authority or district organized under the laws of the state, except for exemptions specifically allowed by state and federal laws or amendments thereto.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The provisions of this title shall be enforced in accordance with Chapter 1.10 of the Chowchilla Municipal Code.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

All officials, departments and employees of the city vested with the authority or duty to issue permits, certificates, or licenses shall comply with the provisions of this title and the rest of the Chowchilla Municipal Code and shall issue no permit, certificate, or license which conflicts with the provisions of this title. Any permit, certificate, or license issued in error that is in conflict with the provisions of this title shall upon its issuance be void.

B.

A business license for any new business or for a new location for any existing business activity shall not be issued until the director has determined that conduct of the business activity is not in violation of any provision of this title.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)