Greenfield City Zoning Code
Division I
ZONING CODE ENACTMENT AND APPLICABILITY
§ 17.02.010 Purpose.
This title carries out the policies of the Greenfield general plan by classifying and regulating the uses of land and structures within the city, consistent with the general plan. This title is adopted to protect and to promote the public health, safety, comfort, convenience, prosperity, and general welfare of residents and businesses in the city. More specifically, the purposes of this title are to:
A.
Provide standards and guidelines for the orderly growth and development of the city that will assist in protecting the characteristics and community identity of Greenfield;
B.
Create a comprehensive and stable pattern of land uses upon which to plan transportation, water supply, sewerage and other public facilities and utilities;
C.
Conserve and protect the city's natural features and historic and environmental resources;
D.
Minimize automobile congestion and promote pedestrian oriented development, safe and effective traffic circulation, and adequate parking facilities; and
E.
Ensure compatibility between residential and nonresidential development and land uses.
(Ord. 473 § 3, 2007; Ord. 533 § 2(part), 2018)
§ 17.02.020 Authority.
A.
This title is enacted based on the authority vested in the city of Greenfield by the state of California, including, but not limited to, Article XI, Section 7 of the state constitution; the planning and zoning law (California Government Code Section 65000 et seq.); the subdivision map act (California Government Code Section 66410 et seq.); and the California Environmental Quality Act (California Public Resources Code Section 21000 et seq.).
B.
California Government Code Section 65851 authorizes the legislative body of a city to adopt ordinances that do any of the following:
1.
Regulate the use of buildings, structures, and land as between industry, business, residences, open space, including agriculture, recreation, enjoyment of scenic beauty, use of natural resources, and other purposes;
2.
Regulate signs and billboards;
4.
Establish requirements for off-street parking and loading;
5.
Establish and maintain building setback lines;
6.
Create civic districts around civic centers, public parks, public buildings, or public grounds, and establish regulations for those civic districts; and
7.
Require, as a condition of the development of residential rental units, that the development include a certain percentage of residential rental units affordable to, and occupied by, households with incomes that do not exceed the limits for moderate-, low-, very low-, or extremely low-income households specified in Sections 50079.5, 50093, 50105, and 50106 of the California Health and Safety Code. The ordinance shall provide alternative means of compliance that may include, but are not limited to, in-lieu fees, land dedication, off-site construction, or acquisition and rehabilitation of existing units.
C.
California Government Code Section 65851 authorizes the legislative body of a city to divide the city, or portions thereof, into zones of the number, shape, and area it deems best suited to carry out the purpose of Chapter 4, Zoning Regulations, commencing with Section 65800 of the California Government Code.
(Ord. 473 § 3, 2007; Ord. 533 § 2(part), 2018)
§ 17.02.030 Discrimination Prohibited.
A.
Pursuant to California Government Code Section 65008, any action pursuant to this title is null and void if it denies to any individual or group of individuals the enjoyment of residence, landownership, tenancy, or any other land use because of any of the following reasons:
1.
The lawful occupation, age, race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or genetic information of that person;
2.
The method of financing of any residential development of the individual or group of individuals; or
3.
The intended occupancy of any residential development by persons or families of very low, low, moderate, or middle income.
B.
The enactment or administration of this title shall not prohibit or discriminate against any residential development or emergency shelter because of any of the characteristics of an individual or group of individuals listed in subsection A of this section, or because the development consists of a multifamily residential project that is consistent with both this title and the city's general plan.
C.
A housing development project may not be disapproved or subject to conditional approval in a manner that renders the project infeasible if the basis for the disapproval or conditional approval includes any of the reasons prohibited in subsection A of this section.
D.
A housing development whose intended occupants include any individuals or group of individuals with any of the characteristics listed in subsection A of this section, or are persons or families of very low, low, moderate, or middle income, may not be subject to different requirements than those imposed on developments generally.
(Ord. 473 § 3, 2007; Ord. 533 § 2(part), 2018)
§ 17.04.010 Relationship To Prior Code:
The provisions of this title, as it existed prior to the effective date hereof, are repealed and superseded as provided in the ordinance enacting this title. No provision of this title shall validate or legalize any land use or structure established, constructed, or maintained in violation of the title as it existed prior to repeal by the ordinance enacting this title.
(Ord. 473 § 3, 2007)
§ 17.04.020 Prior Rights And Violations:
The enactment of this title shali not terminate or otherwise affect vested land use development permits, approvals, or agreements authorized under the provisions of any ordinance, nor shall violation of any prior ordinance be excused by the adoption of this title.
(Ord. 473 § 3, 2007)
§ 17.04.030 New Land Uses Or Structures:
It shall be unlawful, and a violation of this title for any person to establish, construct, reconstruct, alter, or replace any use of land or structure, except in compliance with the requirements of this title.
(Ord. 473 § 3, 2007)
§ 17.04.040 Continuation Of An Existing Land Use Or Structure:
It is unlawful and a violation of this code for anyone to use a parcel or structure in a manner that violates any provision of this title. However, a land use that was established lawfully before this title was enacted, or before enactment of any applicable amendment to this title, may continue with few exceptions listed in chapter 17.84, "Nonconforming Uses, Buildings, And Structures", of this title. No expansion or modification to said preexisting legal nonconforming use or structure shall be permitted except as allowed by chapter 17.84 of this title.
(Ord. 473 § 3, 2007)
§ 17.04.050 Subdivisions:
Any subdivision of land proposed within the city after the effective date hereof shall be consistent with the minimum lot size requirements of division III, "Zoning Districts, Allowable Uses, And Development Standards", of this title, the subdivision requirements of the city of Greenfield subdivision ordinance, and all other applicable requirements of this title.
(Ord. 473 § 3, 2007)
§ 17.04.060 Effect Of Zoning Code Changes On Pending Applications:
Following the effective date of this title, or any amendment of this title, regulations of this title are applicable to all pending applications in process, unless prohibited by state law. Applications are no longer considered pending once the appeal period has expired or the appeal process has been fully exercised.
(Ord. 473 § 3, 2007)
§ 17.04.070 Conflicting Requirements:
A.
Zoning Code And Municipal Code Provisions: If conflicts occur between requirements of this title and other provisions of this code, or other plans and policies adopted by the city, this title shall prevail.
B.
Private Agreements: This title 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 a private agreement or restriction, without affecting the applicability of any agreement or restriction. The city shall not enforce or consider any private covenant or agreement unless it is a party to the covenant or agreement.
C.
California Government Code: This title shall be interpreted and applied consistent with the California Planning and Zoning Law, Government Code Section 65000 et seq. If conflicts occur between requirements, rules, regulations, and standards of this title and those of Government Code Section 65000 et seq., the requirements of the California Government Code shall prevail.
(Ord. 473 § 3, 2007; Ord. 533 § 2(part), 2018)
§ 17.04.080 Other Requirements/Permits:
Nothing in this title eliminates the need for obtaining any other permits required by the city, or any permit, approval, or entitlement required by the regulations of any regional, state, or federal agency.
(Ord. 473 § 3, 2007)
§ 17.04.090 Public Nuisance:
Neither the provisions of this title nor the approval of any permit authorized by this title shall authorize the maintenance of any "public nuisance" as defined in division VI. "Zoning Definitions", of this title.
(Ord. 473 § 3, 2007)
§ 17.04.100 Severability, Partial Invalidation Of Zoning Code:
If any portion of this title is held to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, such determinations shall not affect the validity of the remaining portions of this title. The city council hereby declares that this title and each article, section, subsection, paragraph, subparagraph, sentence, clause, phrase and portion thereof is adopted without regard to the fact that one or more portions of this title may be declared invalid, unconstitutional or unenforceable.
(Ord. 473 § 3, 2007)