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Larkspur City Zoning Code

18.04 General

Provisions

18.04.010 Short Title.

This title shall be known as the “City of Larkspur Comprehensive Zoning Ordinance.” (Ord. 1030 § 2(12), 2018; Ord. 295 § 1, 1962)

18.04.020 Continuance of Existing Regulations.

The provisions of the title, insofar as they are substantially the same as existing ordinances relating to the same subject matter, shall be construed as restatements and continuations and not as new enactments. (Ord. 1030 § 2(12), 2018; Ord. 295 § 2, 1962)

18.04.030 Purpose.

The purpose of the title is to establish such regulations as are deemed necessary in order to encourage the most appropriate use of land; to conserve and stabilize the value of property; to provide adequate open spaces for light and air; to prevent undue concentration of population; to lessen congestion on streets; to facilitate adequate provisions for community utilities such as transportation, water, sewerage, schools, parks, and other public requirements; to promote and protect the public health, safety, peace, morals, comfort, convenience, general welfare and natural beauty; to protect the character and economic stability of residential, commercial, industrial, and other areas within the City and to assure the orderly and beneficial development of such areas as parts of a well-coordinated community, all in accord with a comprehensive plan. (Ord. 1030 § 2(12), 2018; Ord. 295 § 3, 1962)

18.04.040 Commission Authority.

Pursuant to the Government Code, the Council hereby delegates to the Commission the responsibility for establishing administrative rules and Commission procedures under this title. Authority of the Commission may, with the approval of the Council, be delegated. Exercise of such delegated authority is subject to appeal to the Commission under Larkspur Municipal Code Chapter 2.50. (Ord. 1030 § 2(12), 2018; Ord. 295 § 4, 1962)

18.04.050 Compliance to Code.

A. No land shall be used for purposes other than permitted by this title for the district in which the land is located.

B. No structure shall be erected or structurally altered except in conformity with the requirements for the district in which the structure is or is to be situated. (Ord. 1030 § 2(12), 2018; Ord. 295 § 7, 1962)

18.04.060 Interpretation and Conflict.

In interpreting and applying the provisions of this title, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity, or general welfare. It is not intended by this title to interfere with or abrogate or annul any easements, covenants or other agreement between parties, provided, however, that where this title imposes a greater restriction upon the use of buildings or premises or upon height of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations, or by easements, covenants or agreements, the provisions of this title shall govern. (Ord. 1030 § 2(12), 2018; Ord. 295 § 250, 1962)

18.04.070 Enforcement.

All departments, officials and public employees of the City vested with the duty or authority to issue permits shall conform to the provisions of this title and shall issue no permit, certificate or license for uses, buildings or purposes in conflict with the provisions of this title; and any such permit, certificate or license issued in conflict with the provisions of this title shall be null and void. It shall be the duty of the Planning Commission and the Building and Planning Superintendent, or their delegated deputy, to enforce the provisions of this title pertaining to the erection, construction, reconstruction, moving, conversion, alteration or addition to any building or structure and the uses conducted upon any premises within the City. It shall be the duty of the Police Department and the officers of the City otherwise charged by law with the enforcement of City ordinances to enforce this title and all its provisions. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(12), 2018; Ord. 389 § 1, 1969; Ord. 295 § 252A, 1962)

18.04.080 Violation a Public Nuisance.

In the event any person, firm or corporation should erect, construct, move or alter or attempt to erect, construct, move or alter any building or structure, or use any property in violation of the provisions of this title, the same is a public nuisance and may be abated in accordance with the provisions of Larkspur Municipal Code Chapter 9.24. (Ord. 1030 § 2(12), 2018; Ord. 449 § 1, 1973; Ord. 295 § 252B, 1962)

18.04.090 Violation – Penalty.

Any person, firm, or corporation violating any provision of this title is guilty of a misdemeanor and, upon conviction thereof, shall be punished as specified in Larkspur Municipal Code Section 9.24.070. (Ord. 1069 § 2, 2023; Ord. 1030 § 2(12), 2018; Ord. 723 § 22, 1985; Ord. 649 § 2, 1980; Ord. 550 § 1, 1976; Ord. 497 § 1, 1974; Ord. 295 § 252C, D, 1962)

18.04.100 Injunctive Relief.

Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this title, and any use of any land, building, or premises established, conducted, operated, or maintained, contrary to the provisions of this title by any person, firm, or corporation, whether as to principal, agent, employee, or otherwise, shall be, and the same is hereby declared to be, unlawful and a public nuisance. The City Attorney shall, upon the order of the City Council, immediately commence an action or proceeding for the abatement and removal and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to any court as may have jurisdiction to grant such relief as will abate or remove such use and restrain and enjoin the violation. (Ord. 1030 § 2(12), 2018; Ord. 721 § 1, 1985)