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Coachella City Zoning Code

CHAPTER 17

02 - GENERAL PROVISIONS

17.02.010 - Comprehensive zoning chapter.

The ordinance codified in this chapter and its accompanying map shall be known as "The Comprehensive Zoning Ordinance of the City of Coachella." It is adopted as a means for implementing the general plan, under the provisions of the Government Code of the State of California, Title 7, Planning.

(Prior code § 010.01)

17.02.020 - Intent and purpose.

A.

To promote and protect the public health, safety, welfare and general prosperity of the city.

B.

To implement the general plan.

C.

To encourage the most desirable and appropriate use of land for open spare, agricultural, residential, commercial, industrial and other purposes, and the most desirable density of population throughout the city.

D.

To ensure the orderly and adequate provision of community utilities and facilities such as transportation, water, sewerage, schools, and other public requirements.

E.

To encourage the most appropriate use and occupancy of buildings.

F.

To promote good civic design and arrangements.

G.

To provide reasonable standards with respect to, but not limited to the following:

1.

The use and intensity of use of structures and land for residential, commercial, industrial or other purposes; population density; the location, height, bulk and size of buildings and other structures;

2.

Yards, courts, and other private and public open spaces; parking and loading; signs; private streets; planned street lines; building lines; grading of land.

All in accordance with the general plan.

(Prior code § 010.02)

17.02.030 - Finding of fact.

A.

The city council declares that due and careful consideration has been given to the suitability of each and every zone for the regulations applicable to it, and that these regulations are found to best serve the above purposes. The city council further finds that these regulations are in the public interest, and that due and careful consideration has been given to the relationship between these regulations and the general plan of the city, and the established plans in the unincorporated area of the county of Riverside.

B.

The city council further finds that the property development standards included in this chapter are necessary to preserve the community health, safety and general welfare; to assure adequate levels of light, air and density of development; to maintain and enhance the locally recognized value of community appearance; to promote the safe and efficient circulation of pedestrian and vehicular traffic; and to encourage the development of property in such a manner as not to adversely affect the use and enjoyment of adjoining lands.

(Prior code § 010.03)

17.02.040 - Interpretation.

In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for promoting the public health, safety, convenience, comfort, and general welfare of the community. When the requirements of this chapter impose higher requirements than are imposed or required by existing provisions of law or ordinance, the provisions of this chapter shall govern. When, however, the provisions of other laws or ordinances impose greater restrictions than required by this chapter, the provisions of the other laws or ordinances shall govern. It is not the intent of this chapter to interfere with, or nullify any easements, covenants, or agreements which are not in conflict with the provisions of this chapter.

(Prior code § 011.01)

17.02.050 - Applicability.

The provisions of this chapter are applicable not only to private persons, agencies and organizations, but also to all public agencies and organizations to the full extent that they may be enforceable in connection with the activities of any such public agencies or organizations.

(Prior code § 011.02)

17.02.060 - Enforcement.

The zoning administrator or such other city official as may be designated by the city manager, under the general supervision of the city manager, shall enforce the provisions of this chapter, and shall have the authority to issue citations for violations of this chapter.

(Prior code § 011.03)

17.02.070 - Permits not to be issued.

No building permit, business license, or other similar permit, shall be issued for the erection or use of any building or structure or part thereof, or for the use of any land which is not in accordance with all the provisions of this chapter.

(Prior code § 011.04)

17.02.080 - Building permit.

All applications for building permits shall be accompanied by a site plan as defined in Section 070.08, drawn to scale, showing the actual dimensions of the lot to be built upon, the location, height and area of the building to be erected, and such other information as may be necessary for the enforcement of this chapter.

(Prior code § 011.05)

17.02.090 - Permits for new use of land.

No land heretofore vacant shall hereafter be used or an existing use of land be hereafter changed to a use of a different class or type unless a permit is first obtained from the building director for the new or different use.

(Prior code § 011.06)

17.02.100 - Commencement of operation under permits and licenses.

No permits or licenses issued by city officials shall be deemed effective until all applicable provisions of this chapter and such special conditions as may have been imposed under provisions of this chapter by the planning commission and/or city council shall have been met and complied with.

(Prior code § 011.07)

17.02.110 - Continuation of previously granted variances.

All variances heretofore granted pursuant to the provisions of Ordinance No. 284 as amended, shall be deemed to exist hereafter as variances pursuant to Chapters 17.70 through 17.82, and shall be subject to all conditions and provisions governing such variances upon the effective date of this chapter.

(Prior code § 011.08)

17.02.120 - Continuation of previously granted permits.

All permitted uses heretofore lawfully existing under Ordinance No. 284 of the city, as amended, shall continue in effect until revoked or terminated and shall be continued under this chapter and shall be subject to all conditions governing such permit.

(Prior code § 011.09)

17.02.130 - License approval continued.

The rights given by any permit, license or other approval under any ordinance repealed by this chapter shall not be affected by such repeal, but such rights shall hereafter be exercised in accordance with the provisions of this chapter.

(Prior code § 011.10)

17.02.140 - Violations of previous ordinances.

Any use or structure previously unlawful shall not be deemed to have acquired the status of a nonconformity by reason of the adoption of the ordinance codified in this chapter. To the extent that said use or structure was previously in violation of Ordinance No. 284, as amended, or any other ordinance, statute or law, or is in violation of this chapter, it shall be deemed a continuing violation.

(Prior code § 011.11)

17.02.150 - Legal procedure.

Any building or structure erected or maintained and/or any use of property contrary to the provisions of this chapter shall be and the same is declared to be unlawful and a public nuisance and the city attorney shall, upon order of the city council, immediately commence action or actions, proceeding or proceedings for the abatement, removal and enjoinment thereof, in the manner provided by law and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such building, structure or use and restrain and enjoin any person from setting up, erecting or maintaining such building or structure, or using any property contrary to the provisions of this chapter. It shall be the right and duty of every citizen to participate and assist the city officials in the enforcement of this chapter.

(Prior code § 011.12)

17.02.160 - Responsibility for violations.

It shall be the duty of all architects, contractors, subcontractors, builders and other persons having to do with the establishment of any use of land or the erection, altering, changing or remodeling any building or structure to see that a proper permit has been granted before such work is begun. Any such architect, builder, contractor or other person doing or performing any such work without a permit having been issued, is in conflict with the requirements of this chapter and shall be deemed guilty of violation of this chapter in the same manner and to the same extent as the owner of the premises or the persons for whom the use is established, or for whom such buildings are erected, or altered, and shall be subject to the penalties prescribed in this chapter for violation.

(Prior code § 011.13)

17.02.170 - Remedies.

All remedies provided for in this chapter shall be cumulative and not exclusive.

(Prior code § 011.14)

17.02.180 - Penalties.

Any violation of this chapter shall constitute a misdemeanor. Each day that a violation of this chapter is continued or permitted to exist without compliance shall constitute a separate offense.

(Prior code § 011.15)

(Ord. No. 1098, § 38, 12-14-16)

17.02.190 - Intent and purpose.

This chapter is intended to set forth those provisions of a general nature which apply to uses in all zone classifications. It shall also be the purpose of this part to set forth standards and conditions which shall apply to various uses and terms wherever found in this chapter.

(Prior code § 070.01)

17.02.200 - Use.

A.

Conflicting Regulations. Wherever any provisions of this chapter impose more stringent requirements, regulations, restrictions, or limitations than are imposed or required by the provisions of any other law, ordinance, restriction or covenant, then the provisions of this chapter shall govern.

B.

Scope. No building, or part thereof, shall hereafter be erected, altered, or used, and no parcel of land shall be used, except in conformity with the provisions of this chapter.

C.

Enumeration and Authorization of Use. The express enumeration and authorization in this chapter of a particular class of building, structure, or use in a designated zone shall be deemed a prohibition of such building, structure, or use in all other zones, except as otherwise specified.

D.

Additional Permitted Uses.

1.

Uses other than those specifically mentioned in this chapter as uses permitted in each of the zones may be permitted therein, provided such uses are similar to those mentioned and are, in the opinion of the city planning commission, as evidenced by resolution of record, not more obnoxious or detrimental to the welfare of the community than the permitted uses specifically mentioned in any zone.

2.

The planning director shall maintain a permanent list of additional permitted uses, together with the date of determination and the resolution number.

3.

The planning commission shall not, under the provisions of this subsection, include uses in a zone which are specifically listed as permitted uses in another zone.

E.

Location of Dwellings and Street Access. Except where otherwise provided for in this chapter, every dwelling shall face or front upon a dedicated public street or permanent means of access to a dedicated public street, and in no event shall the access to any dwelling be only from an alley.

F.

Dwelling and Other Occupancies. Where a dwelling is located, placed, or erected above another type of use, in nonresidential zones, no yard shall be required for the dwelling.

G.

Lots Recorded. Any lot shown upon an official subdivision map or record of survey map duly approved and recorded, or any lot for which a bona fide deed has been duly recorded prior to the effective date of Ordinance 71 (October 7, 1953), may be used as a building site.

(Prior code § 070.02)