Title 17 is known and may be cited as the "city of Clovis Unified Development Ordinance." For convenience, it may be referred to as the "UDO."

(Ord. No. 2122-2019, § 3, 6-20-19).

The provisions of this UDO become effective on June 20, 2019, except as otherwise expressly stated.

(Ord. No. 2122-2019, § 3, 6-20-19).

The provisions of this UDO apply to all public and private uses and developments, except as provided by state or federal law or as otherwise expressly stated in this UDO.

(Ord. No. 2122-2019, § 3, 6-20-19).

Except as otherwise expressly stated, the provisions of this UDO apply to all land within the corporate limits of the city (see also 17.35.010 for provisions governing jurisdiction of subdivision-related regulations).

(Ord. No. 2122-2019, § 3, 6-20-19).

This UDO is adopted for the purposes of:

A.

Protecting and promoting the public health, safety and general welfare; and

B.

Implementing the policies and goals of the comprehensive plan and other relevant, officially adopted plans of the city.

(Ord. No. 2122-2019, § 3, 6-20-19).

A.

The provisions of this UDO are the minimum requirements deemed necessary to carry out the UDO's stated purposes.

B.

In addition to the requirements of this UDO, all uses, buildings and structures must comply with all other applicable ordinances, laws and regulations.

C.

All references in the UDO to other governmental regulations are for informational purposes only and do not constitute a complete list of such regulations. These references do not imply any responsibility for the city to enforce regulations imposed by other government authorities.

(Ord. No. 2122-2019, § 3, 6-20-19).

A.

Land may not be used for any purpose other than one that is allowed by the provisions of this UDO.

B.

A building or structure may not be erected, located, moved, reconstructed, extended or structurally altered except as allowed by this UDO.

C.

Buildings, structures and land may be used and occupied only in compliance with the provisions of this UDO.

D.

All lots created or modified must comply with all applicable provisions of this UDO.

(Ord. No. 2122-2019, § 3, 6-20-19).

A.

Conflict with State or Federal Regulations. If the provisions of this UDO are inconsistent with state or federal law, the more restrictive provision governs, to the extent allowed by law. The more restrictive provision is the one that imposes more stringent controls.

B.

Conflict with Other City Regulations. If the provisions of this UDO are inconsistent with one another or if they conflict with provisions found in other adopted ordinances or regulations of the city, the more restrictive provision governs unless otherwise expressly stated. The more restrictive provision is the one that imposes more stringent controls.

C.

Conflict with Private Agreements and Covenants. This UDO does not interfere with, abrogate or annul any easement, covenant, deed restriction or other agreement between private parties. If the provisions of this UDO impose a greater restriction than imposed by an agreement or covenant among private parties, the provisions of this UDO govern. The city is not responsible for monitoring or enforcing agreements or covenants among private parties.

(Ord. No. 2122-2019, § 3, 6-20-19).

A.

Meanings and Intent. Words and terms expressly defined in this UDO including those defined in Chapter 17.90 have the specific meanings assigned unless the context indicates another meaning. Words that are not expressly defined in this UDO have their common dictionary meaning.

B.

Computation of Time.

1.

References to "days" are to calendar days unless otherwise expressly stated. References to "business days" are references to regular city government working days, excluding Saturdays, Sundays and holidays observed by city government.

2.

The time in which an act is to be completed is computed by excluding the first day and including the last day. If the last day is a Saturday, Sunday or holiday observed by city government, that day is excluded.

3.

A day concludes at the close of business and any materials received after that time will be considered to have been received the following day.

C.

Tenses and Usage.

1.

Words used in the singular include the plural. The reverse is also true.

2.

Words used in the present tense include the future tense. The reverse is also true.

3.

The terms "must," "will," and "shall" are mandatory.

4.

The word "may" is permissive, not mandatory or required. The phrase "may not" is not permissive, but rather indicates a prohibited action.

5.

When used with numbers, "up to x," "not more than x" and "a maximum of x" all include "x."

6.

The word "person" includes a firm, association, organization, partnership, limited liability company, trust, or corporation, as well as an individual.

7.

The words "used" and "occupied" include "intended, designed or arranged to be used or occupied."

D.

Conjunctions. Unless the context otherwise expressly indicates, conjunctions have the following meanings:

1.

"And" indicates that all connected items or provisions apply; and

2.

"Or" indicates that the connected items or provisions may apply singularly or in combination.

E.

Headings and Illustrations. Headings and illustrations are provided for convenience and reference only and do not define or limit the scope of any provision of this UDO. In case of any difference of meaning or implication between the text of this UDO and any heading, drawing, table, figure or illustration, the text governs.

F.

Versions and Citations. All references in this UDO to other city, state or federal regulations are to be construed as referring to the most up-to-date version and citation for those regulations, unless otherwise expressly indicated. When the referenced regulations have been repealed and not replaced by other regulations, UDO requirements for compliance are no longer in effect.

G.

Lists and Examples. Unless otherwise expressly indicated, lists of items or examples that use "including," "such as," or similar terms are intended to provide examples only. They are not to be construed as exhaustive lists of all possibilities.

H.

Delegation of Authority. Whenever a provision appears requiring the head of a department or another officer or employee of the city to perform an act or duty, that provision will be construed as authorizing the department head or officer to delegate that responsibility to others over whom they have authority. Delegation of authority is not allowed when the provisions of this UDO expressly prohibit such delegation.

I.

Public Officials and Agencies.

1.

Unless otherwise expressly stated, all employees, public officials, bodies and agencies to which references are made are those of the city of Clovis or individuals or agencies legally authorized to act on behalf of the city of Clovis.

2.

References in this UDO to the "city" are references to the city of Clovis.

3.

References in this UDO to the "county" are references to Curry County.

4.

References in this UDO to the "city commission" are references to the Clovis City Commission.

5.

References in this UDO to the "planning and zoning commission" are references to the city of Clovis planning and zoning commission.

(Ord. No. 2122-2019, § 3, 6-20-19).

A.

Establishment. The location and boundaries of the zoning districts defined in this UDO must be established by ordinance and shown on a geographic coverage layer that is maintained as part of a geographic information system (GIS). This "zoning" geographic coverage layer constitutes Clovis' official zoning map.

B.

Maintenance and Updates. The planning and zoning administrator is responsible for directing revisions to the official zoning map to reflect its amendment as soon as possible after the effective date of zoning map amendments (rezonings).

C.

District Boundaries. Zoning district boundary lines must be described by legal description or by a map that accompanies the ordinance establishing the district or amending the district boundaries. When a legal description is used, the zoning district boundary is deemed to extend to the centerline of abutting streets. When a map is used, district boundary lines must be established by dimensions, property lines, recorded lot lines, or the centerline of abutting streets, alleys, or railroad rights-of-way, as those features were of record at the time of adoption.

D.

Map Interpretations. Where any uncertainty exists about a zoning boundary that was established by legal description, the legal description accompanying the amending ordinance governs. In other cases, the director of building safety is authorized to make an interpretation in accordance with the procedures of 17.65.120. The following rules apply to all map interpretations:

1.

A boundary shown on the zoning map as approximately following a street, alley or railroad right-of-way line will be construed as following the centerline of that street, alley or railroad right-of-way.

2.

A boundary shown on the zoning map as approximately following lot lines or other lot boundaries will be construed as following such lot lines or lot boundaries.

3.

A boundary shown on the zoning map as approximately following a section line or municipal boundary line will be construed as following that section line or municipal boundary line.

4.

A boundary shown on the zoning map as approximately following a river, stream, drainage channel or other watercourse will be construed as following the centerline of the watercourse. If, subsequent to the establishment of the boundary, the centerline of the watercourse should move as a result of natural processes (flooding, erosion, sedimentation, etc.), the boundary will be construed as moving with the centerline of the watercourse.

5.

A boundary shown on the zoning map as approximately following a ridge line or topographic contour line will be construed as following the actual ridge line or contour line. If, subsequent to the establishment of the boundary, the ridge line or contour line should move as a result of natural processes (erosion, slippage, subsidence, etc.), the boundary will be construed as moving with the ridge line or contour line.

6.

A boundary shown on the zoning map as approximately parallel to, or as an apparent extension of, a feature described above will be construed as being parallel to, or an extension of, the feature.

E.

Zoning of Annexed Land. When land is annexed or otherwise brought into the zoning jurisdiction of the city, it may be classified in a RS-170 or RS-7 district or assigned another zoning classification based on the comprehensive plan, existing land uses, any applicable annexation agreement and other relevant considerations.

(Ord. No. 2122-2019, § 3, 6-20-19).

The provisions of this section address the transition to this UDO from the UDO in effect immediately preceding the effective date specified in 17.05.020.

A.

Applications, Permits and Approvals.

1.

Any building, development or structure for which a building permit was issued or a complete building permit application had been accepted for processing before the effective date specified in 17.05.020 may be completed in conformance with the issued building permit and other applicable permits and conditions, even if such building, development or structure does not comply with provisions of this UDO. If the building, development or structure is not commenced and completed within the time allowed under the original building permit and any authorized permit extension, the building, development or structure may be constructed, completed and occupied only if it complies with the regulations of this UDO.

2.

Complete applications for conditional uses, variances or other zoning-related approvals that are pending approval on the effective date specified in 17.05.020 must be reviewed wholly under the terms of the UDO in effect immediately preceding the effective date specified in 17.05.020. Building permits for construction and development approved under such zoning approvals may be issued in accordance with 17.05.110.A.3.

3.

The director of building safety is authorized to issue building permits for construction or development approved before the effective date specified in 17.05.020 and for developments pending approval under 17.05.110.A.2, even if such building, development or structure does not fully comply with provisions of this UDO. If building is not commenced and completed within the time allowed under the building permit and any authorized permit extension, then the building, development or structure may be constructed, completed and occupied only if it complies with the regulations of this UDO.

4.

When a use classified as a conditional use under this UDO exists as an approved conditional use or permitted use on the effective date specified in 17.05.020, that use will be considered a lawfully established conditional use under this UDO. When any amendment to this UDO changes the classification of a permitted use to a conditional use, any use lawfully established before such amendment will be considered a lawfully established conditional use after the effective date of the amendment. A lawfully established existing use that is not allowed as a conditional use or permitted use in the district in which the use is now located will be considered a nonconforming use and will be subject to all applicable regulations of Chapter 17.75.

B.

Zoning District Name Conversions.

1.

General. The zoning district names in effect before the effective date specified in 17.05.020 are converted in this UDO as follows:

TABLE 05-1: ZONING DISTRICT NAME CONVERSIONS

^* Overlay designations are appended to base district names [e.g., RS7(c2)]

C.

Violations. The adoption of this UDO does not affect any pending or future prosecution of, or action to abate, violations of the previous UDO that occurred before the effective date specified in 17.05.020.

(Ord. No. 2122-2019, § 3, 6-20-19).

The city commission is expressly authorized to avoid the preemptive force of any provision of the Religious Land Use and Institutionalized Persons Act (RLUIPA) by any one or more of the following actions:

A.

Changing the policy or practice that results in a substantial burden on religious exercise;

B.

Retaining the policy or practice and exempting the substantially burdened religious exercise;

C.

Providing exemptions from the policy or practice for applications that substantially burden religious exercise; or

D.

Any other means that eliminates the substantial burden on religious exercise.

(Ord. No. 2122-2019, § 3, 6-20-19).

If any portion of this UDO is held to be invalid or unconstitutional by a court of competent jurisdiction, that portion is to be deemed severed from the UDO and does not affect or diminish the validity of the remainder of the UDO.

(Ord. No. 2122-2019, § 3, 6-20-19).