Lawndale City Zoning Code
CHAPTER 17
04 GENERAL PROVISIONS
§ 17.04.010 Purpose and intent.
The purpose of this title is to consolidate and coordinate all existing zoning regulations and provisions into one comprehensive zoning plan in order to designate, regulate, and restrict the location and use of buildings, structures, and land for residence, commerce, trade, industry, or other purposes; to regulate and limit the height, number of stories, and size of buildings and other structures hereafter erected or altered; to regulate and determine the size of yards and other open spaces; and to regulate and limit the density of population and, for said purposes, to divide the city into zones of such number, shape, and area as may be deemed best suited to carry out these regulations and to provide for their enforcement. Further, such regulations are deemed necessary 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 and to prevent and fight fires; to prevent undue concentration of population; to lessen congestion on streets; to facilitate adequate provisions for community utilities and facilities, such as transportation, water, sewerage, schools, parks, and other public requirements; and to protect and promote the health, safety, and general welfare, all in accordance with the comprehensive general plan.
(Ord. 777-95 § 2)
§ 17.04.020 General interpretation.
A.
Minimum Ordinance Requirements. In interpreting and applying the provisions of this title they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare.
B.
Conflicts. Where this title imposes a greater restriction upon the use of buildings or land or requires larger open spaces than are imposed or required by this code or other ordinances, rules, regulations or by easements, covenants or agreements, the provisions of this title shall control.
C.
Applicability and Effect of Prior Permits. The provisions of this title shall apply to the erection or alteration of any building or structure or to the use of any applicable parcel of land on the effective date of the ordinance codified in this title. Any zoning or building application duly received and accepted for which a filing or other fee has been paid prior to the effective date of the ordinance codified in this title shall be subject to the provisions of this code in effect on the date of such submission and acceptance.
No official or employee of the city authorized to issue permits or licenses shall issue such permits or licenses not in conformity with the provisions of this title where such conformity is required by law. Any permit or license issued in conflict with the provisions of this title shall be null and void.
Whenever any building or sign permit, special use permit, variance or special zoning approval has been issued prior to the effective date of the zoning regulations or any amendment thereto and the uses or improvements for which the permit was issued would not conform to the regulations or amendments, the uses or improvements may, nevertheless, be utilized or developed to the extent authorized by the issued permit, provided the permit has not expired under the terms of its issuance. The uses and improvements shall be deemed legally nonconforming and shall be subject to the provisions of this title governing nonconformity.
D.
Building Site Required. No building or structure shall be erected or moved onto any parcel of land in the city except on a lot of record as shown on the section of maps of the city, a lot certified as created in compliance with the Subdivision Map Act and local subdivision regulations, or a lot created as a result of public taking. No building or structure shall be altered or enlarged to increase the gross floor area by more than fifty percent within any one-year period except on a legal building site.
E.
Redevelopment Areas. When properties are within the boundaries of an approved redevelopment project area, the use regulations and development standards of the approved redevelopment plan shall supersede the zoning ordinance. When no applicable use regulations or development standards are a part of the redevelopment plan, the zoning ordinance shall apply.
F.
Omission or Ambiguity. If any use is for any reason omitted from the lists of those specified as permissible in each of the various zones herein designated, or if ambiguity arises concerning the appropriate classification of a particular use within the meaning and intent of this title, or if ambiguity exists with reference to matters of height, yard requirements or area requirements as set forth herein and as they may pertain to unforseen circumstances, it shall be the duty of the planning commission to ascertain all pertinent facts concerning said use and by resolution of record set forth its findings and the reasons therefor. Such findings and resolution shall be referred to the council and, if approved by the council, thereafter such interpretation shall govern.
G.
Ordinance Amendments Included. Whenever reference is made to any portion of this title or of any other law or ordinance, the reference applies to all amendments and additions now or hereafter made.
H.
Misinformation. Information erroneously presented by any official or employee of the city does not negate or diminish the provisions of this title pertaining thereto.
I.
Number of Days. Whenever a number of days is specified in this title, or in any permit, condition of approval or notice issued or given as set forth in this title, such number of days shall be deemed to be consecutive calendar days, unless otherwise specified.
J.
Density. All references to density in this title are based on gross site area after deductions for all necessary dedications, unless otherwise specified.
(Ord. 777-95 § 2)
§ 17.04.030 Application.
All departments, officials or public employees vested with the duty or authority to issue permits or licenses where required by law, shall conform to the provisions of this title. No such license or permit for uses, buildings or purposes where the same would be in conflict with the provisions of this title shall be issued. Any such license or permit, if issued in conflict with the provisions hereof, shall be null and void.
(Ord. 777-95 § 2)
§ 17.04.040 Repeals.
A.
Continuation of Existing Law. The provisions of this title insofar as they are substantially the same as the provisions of any ordinance or portions of any ordinance repealed shall be construed as restatements and continuations thereof, and not as new enactments.
B.
Pending Proceedings Not Affected. No hearing or other proceeding initiated or commenced before a repeal takes effect, and no right accrued, is affected either by such repeal or by the provisions of this title, but all procedure thereafter taken shall conform to the provisions of this title so far as possible. Where the commission prior to the effective date of a repeal has recommended the granting, denial, revocation or modification of any permit, exception, license or other approval, to the city council, the council may act upon such recommendation either before or after the effective date of the repeal. In all other cases, the commission shall, grant, deny, revoke or modify as now provided in this title even if the action was initiated prior to the effective date of the repeal.
C.
Pending Proceedings. If, prior to the effective date of the ordinance codified in this title, an application for an exception has been heard by city council or commission, but has not been decided on the effective date of the repeal, the city council or commission may consider the case as either an application for an exception or for a special use permit, and shall decide or recommend pursuant to the provisions of this title as they now exist.
D.
Rights Under Existing Approval Not Affected. No rights given by any permit, license or other approval under any ordinance repealed are affected by such repeal, but such rights shall hereafter be exercised according to the provisions of this title.
E.
Conviction of a Crime. Any conviction for a crime under any ordinance which is repealed, which crime is continued as a public offense by this title constitutes a conviction under this title for any purpose for which it constituted a conviction under such repealed ordinance.
(Ord. 777-95 § 2)
§ 17.04.050 Delegation of authority.
A.
Whenever by ordinance an administrative power is granted to, or an administrative duty imposed upon the planning commission, the commission may instruct the director to exercise such administrative power or perform such administrative duty. The director shall exercise all such powers, and perform all such duties as the director is instructed to do by the planning commission.
B.
Whenever a power is granted to, a duty imposed upon, a public officer by this title, the power may be exercised or the duty may be performed by the planning commission, a deputy of the officer, or a person authorized by the officer, pursuant to law or ordinance, unless this title expressly provides otherwise.
(Ord. 777-95 § 2)
§ 17.04.060 General plan-Approval and amendment.
The preparation, adoption and amendment of the general plan shall be in the manner as provided in Section 65350 et seq. of the California Government Code.
(Ord. 777-95 § 2)
§ 17.04.070 Severability.
If any provision of this title, or the application thereof to any person or circumstance is held invalid, the remainder of the title, and the application of such provision to other persons or circumstances, shall not be affected thereby.
(Ord. 777-95 § 2)