Title 17 of the city of Kerman municipal code, containing the city’s zoning regulations, shall be known as the "City of Kerman Zoning Code" and referred to as the "zoning code." (Ord. 24-01 §2(Exh. A-1)).

A.    Purpose of the Zoning Code. The purpose of the zoning code is to preserve and promote the public health, safety, and welfare of the city, and to facilitate growth and expansion of the city in a precise and orderly manner. More specifically, this zoning code is adopted to achieve the following objectives:

1.    Assure that the public and private lands are ultimately used for purposes which are appropriate and most beneficial for the city;

2.    Implement the goals, policies, implementation programs, and land use map of the general plan;

3.    Assure the appropriate location of community facilities;

4.    Promote a safe, effective traffic circulation system;

5.    Require adequate off-street parking and loading areas;

6.    Prevent the overbuilding of land by development through the regulation of parcel coverage, setbacks, height, and parcel density and dimensions;

7.    Promote a well designed city through the regulation of signs, landscaping, structure design, and other improvement standards associated with development;

8.    Promote and protect commercial and industrial development within the city, in order to strengthen its economic base; and

9.    Conserve the city’s natural resources and community assets.

B.    Authority. This zoning code is enacted based on the authority vested in the city by the state of California, including but not limited to the State Constitution; the Planning and Zoning Law (Government Code Sections 65000 et seq.); and the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.). (Ord. 24-01 §2(Exh. A-1)).

This zoning code applies to all areas within the municipal boundaries of the city of Kerman whether owned, leased, or operated by private persons, farms, corporations, or organizations. Additionally, any property owned, leased, or operated by the United States, the state of California, the county of Fresno, or any other public or governmental body or agency, shall be governed by the provisions of this zoning code, as follows:

A.    Where such public or governmental uses are specifically listed, they shall be governed as indicated.

B.    Where such public or governmental uses are not specifically listed, they shall be permitted only in zones allowing private uses of a substantially similar nature as provided in Section 17.04.030(B) (Classification of Uses).

C.    Property owned by the United States, the state of California, the county of Fresno, or any other governmental agency, shall be exempt from the provisions of this zoning code only to the extent that their property may not be lawfully regulated by the city. (Ord. 24-01 §2(Exh. A-1)).

The provisions of this zoning code, as it existed before the effective date of Ordinance No. 24-01, are repealed and superseded as provided in the ordinance enacting this title. No provision of this zoning code shall validate or legalize any land use, structure, or subdivision constructed, created, established, or maintained in violation of the city ordinances as they existed before repeal by the ordinance enacting this zoning code, except as addressed by nonconformities created by this zoning code, in compliance with Division 5 (Nonconformities). (Ord. 24-01 §2(Exh. A-1)).

A.    Zoning Code Is the Primary Tool. Nothing in this zoning code eliminates the need for obtaining any other permits or entitlements required by the city, or any permit, approval, or entitlement required by the regulations of any regional, state, or federal agency.

1.    General Plan. The general plan is a comprehensive, long range, general policy statement for the entire community. The general plan designates appropriate locations and densities for residential, commercial, mixed use, industrial, office, public, and open space uses.

2.    Zoning Code. This zoning code is a specific statement of allowable uses of land and related development standards by zone designed to control the use, type, bulk, height, space, and location of structures and land. This zoning code is intended to be applied to the city based on land use designations established in the general plan.

B.    General Plan Consistency. The council intends that this zoning code be consistent with the general plan and any applicable specific plan to the maximum extent practicable, and that any development, land use, or subdivision approved in compliance with this zoning code shall also be consistent with the general plan and any applicable specific plan to the maximum extent practicable.

C.    Inconsistencies Between the General Plan and Zoning Code. Where inconsistencies are found to exist between the general plan and this zoning code, the general plan shall control the use and development of the land until the council adopts an amendment(s) to achieve consistency with the existing or current general plan. (Ord. 24-01 §2(Exh. A-1)).

If any portion of this zoning code is held to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, the determination shall not affect the validity of the remaining portions of this zoning code. The council hereby declares that this zoning code and each division, chapter, article, section, subsection, paragraph, subparagraph, sentence, clause, phrase, and portion thereof are adopted without regard to the fact that one or more portions of this zoning code may be declared invalid, unconstitutional, or unenforceable. (Ord. 24-01 §2(Exh. A-1)).

The purpose of this chapter is to specify the authority and procedures for clarifying any ambiguity in this zoning code, and to ensure its consistent interpretation and application. (Ord. 24-01 §2(Exh. A-1)).

A.    Authority. The director shall decide any questions involving the interpretation or application of any provision of this zoning code. However, any interpretation of the director may be appealed to the commission and the interpretation of the commission may be appealed to the council.

B.    Language.

1.    When used in this zoning code, the word "shall" is always mandatory and not discretionary. The word "should" is not mandatory but is strongly recommended. The word "may" is permissive. The present tense includes the past and future tenses; and the future tense includes the present. The singular number includes the plural, and the plural the singular, unless the natural construction of the word indicates otherwise. The words "includes" and "including" shall not limit a term to the specific examples, but is intended to extend its meaning to all other instances or circumstances of like kind or character.

2.    The word "city" shall mean the city of Kerman.

3.    The word "council" shall mean the city council of the city of Kerman. The word "commission" shall mean the planning commission of the city of Kerman.

4.    The word "director" shall mean the community development director of the city of Kerman or their designee. In the event that position title is modified, the word "director" shall refer to that position title and to the position responsible for implementing and enforcing this zoning code.

C.    Time Limits. Whenever a number of days is specified in this zoning code, or in any permit, condition of approval, or notice provided in compliance with this zoning code, the number of days shall be construed as calendar days. A time limit shall extend to the following working day where the last of the specified number of days falls on a Saturday, Sunday, or city-recognized holiday.

D.    Zoning Map Boundaries. See Section 17.06.040(B) (Uncertainty of Boundaries).

E.    Allowable Uses of Land. See Division 2 (Zones, Allowable Uses and Development Standards).

F.    State Law Requirements. Where this zoning code references applicable provisions of state law (for example, the California Government Code, Subdivision Map Act, or Public Resources Code), the reference shall be interpreted to be to the applicable state law provisions as they may be amended from time to time. (Ord. 24-01 §2(Exh. A-1)).

A.    Uses Not Listed Are Not Allowed. Since the language used in this zoning code is deemed permissive, if a proposed use of land is not specifically listed in Division 2 (Zones, Allowable Uses, and Development Standards), the use shall not be allowed, except as provided in subsection B of this section.

B.    Classification of Uses. The council authorizes the director to make written findings on requests for a classification of use. In determining the use classification, the director must find that the use is substantially similar in character, intensity, and compatibility to a use or uses within the zone applicable to the property.

C.    Applicable Standards and Permit Requirements. Based on this finding, the use shall be processed in the same manner as the similar use and shall be subject to the same standards and regulations. In such instances, the director may also initiate proceedings to update the zoning code to add the specific use under consideration.

D.    Director Determination. By written determination, the director may approve, modify, or deny a classification of use. The decision of the director shall be final unless appealed to the commission. Said appeal shall be filed and processed in compliance with Chapter 17.114 (Appeals). (Ord. 24-01 §2(Exh. A-1)).

A.    Differences in Meaning. In case of difference of meaning or implication between the text of this zoning code and any other ordinance now in effect or hereafter adopted, or any caption within this zoning code, the text of this zoning code shall prevail.

B.    Easements, Covenants, and Private Agreements. It is not the intention of this zoning code to interfere with or abrogate or annul any easements, covenants, or other agreements between parties. However, where this zoning code imposes a greater restriction upon the use of structures or parcels, or upon the height of buildings, or requires larger parcel areas than are required by other ordinances, rules, regulations or by easements, covenants or agreements, the regulations of this zoning code shall prevail. (Ord. 24-01 §2(Exh. A-1)).

A.    Headings. The headings of the division, chapter, article, section, subsection, paragraph, subparagraph, sentence, clause, phrase, and portion thereof of this zoning code, together with the accompanying illustrations, examples, and explanatory notes, are inserted as a matter of convenience and illustrative purposes only and in no way define, limit, or enlarge the scope or meaning of this zoning code or its provisions.

B.    Illustrations and Diagrams. In case of a conflict between the zoning code text and any diagram, illustration, or image contained in this code, the text of this zoning code shall prevail. (Ord. 24-01 §2(Exh. A-1)).

A.    Purpose. This chapter establishes the zones applied to property within the city and adopts the city’s zoning map.

B.    Intent. The intent of this chapter is to promote development in the city which is consistent with the goals, policies, and implementation programs of the general plan. (Ord. 24-01 §2(Exh. A-1)).

A.    General. The city shall be divided into zones which implement the general plan. The zones shown in Table 17.06-1 (Zone Classifications) are hereby established and shall be shown on the zoning map.

B.    Base Zones. Every parcel shall have a base zone that establishes the primary type and intensity of land use allowed, along with development standards for that particular type and intensity of land use.

C.    Combining Zones. A combining zone supplements the base zone for the purpose of establishing special land use allowances or limitations or development standards and regulations for a particular area in addition to the provisions of the underlying base zone. In the event of conflict between the base zone regulations and the combining zone regulations, the director shall determine which regulation(s) apply. When a combining zone is attached to a base zone additional governmental review may be required.

(Ord. 24-01 §2(Exh. A-1)).

A.    Adoption. The council hereby ratifies the city of Kerman zoning map (hereafter referred to as the "zoning map"), which is on file with the community development department. Such ratification is deemed adoption of the zoning map. This zoning code, together with the zoning map, is adopted in compliance with current state planning, zoning, and development laws. The zoning map is hereby incorporated into this zoning code by reference as though it were fully included here. Any additional maps (e.g., setback map, height map) adopted shall also be a part of this zoning code by reference.

B.    Zoning Map Contents. The boundaries, designations, and locations of the zones established by this zoning code shall be shown upon the zoning map.

C.    Zoning Map Amendments. Amendments to the existing zone boundaries of any identified zones shall be made by ordinance (rezone) in compliance with Chapter 17.112 (Amendments). (Ord. 24-01 §2(Exh. A-1)).

A.    General. In the event of a difference or conflict between the text of this zoning code and the zones shown on the zoning map, the designation(s) on the zoning map shall prevail.

B.    Uncertainty of Boundaries. Where uncertainty exists with respect to the boundaries of the various zones as shown on the official zoning map, the following rules shall apply:

1.    Where a boundary is indicated as a street, alley, railroad right-of-way, canal, or other watercourse, the centerline of such shall be considered to be the boundary line. In the event of abandonment, the property shall immediately become classified in the same zone as the property adjoining the former street, alley, railroad right-of-way, canal or watercourse.

2.    Where doubt exists as to the location of a zone boundary in the interior of a block, the boundary shall be the nearest interior parcel line existing at the effective date of the ordinance codified in this zoning code or at the date when the property may have been subsequently rezoned.

3.    Where the street layout on the ground or the parcel lines differ from such layout or lines shown on the zoning map, the matter shall be referred to the director to determine the exact boundary and the map shall be amended to conform to the layout on the ground. (Ord. 24-01 §2(Exh. A-1)).

A.    Where property annexed to the city has been classified by the city pursuant to pre-zoning provisions, such pre-zoning classification becomes effective at the same time the annexation becomes effective. The method of accomplishing pre-zoning, determining the zone that will apply to such property in the event of sub-annexation to the city, shall be the same as that specified for change amendments in compliance with Chapter 17.112 (Amendments).

B.    When property is annexed to the city it shall be pre-zoned to a zone that is consistent with the general plan. If a general plan land use designation has not been placed upon the property, the land shall be pre-zoned concurrent with a general plan amendment. (Ord. 24-01 §2(Exh. A-1)).