Loomis City Zoning Code
Division 1
ZONING ORDINANCE APPLICABILITY
§ 13.10.010 Purpose.
The town of Loomis zoning title carries out the policies of the Loomis general plan by classifying and regulating the uses of land and structures within the town, 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 town. More specifically, the purposes of this title are to:
A.
Provide standards and guidelines for the continuing orderly growth and development of the town that will assist in protecting the rural character and community identity of Loomis;
B.
Conserve and protect the town's natural beauty and setting, including the rolling hills and oak trees, scenic vistas, and historic and environmental resources;
C.
Create a comprehensive and stable pattern of land uses upon which to plan transportation, water supply, sewerage, energy, and other public facilities and utilities;
D.
Minimize automobile congestion by promoting pedestrian-oriented development, safe and effective traffic circulation, and adequate off-street parking facilities; and
E.
Ensure compatibility between different types of development and land use.
Nothing herein is intended, or shall be interpreted, to allow activities or uses which are illegal under local, state or federal law. |
(Ord. 205 § 1 (Exh. A), 2003; Ord. 245 § 1, 2010)
§ 13.10.020 Authority.
The ordinance codified in this title is enacted based on the authority vested in the town of Loomis 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. 205 § 1 (Exh. A), 2003)
§ 13.10.030 Responsibility for administration.
A.
Responsible Bodies and Individuals. This title shall be administered by: the Loomis town council, hereafter referred to as the "council;" the planning commission, referred to as the "commission;" the town planning director, referred to as the "director;" and the town planning and building department, hereafter referred to as the "department." See also Chapter 13.70 (Administrative Responsibility).
B.
Exercise of Discretion. In the event that a provision of this title allows the review authority to exercise discretion in the application of a specific standard or requirement, but does not identify specific criteria for a decision, no discretion shall be exercised unless the review authority shall first make all of the following findings:
1.
The proposed project complies with all applicable provisions of this title;
2.
The exercise of discretion will act to improve the compatibility of the proposed project with its site, surrounding properties, and the community, to a greater extent than if discretion were not exercised;
3.
The manner in which discretion is exercised will result in a more practical application of the provisions of this title given specific characteristics of the site and its surroundings than if discretion were not exercised; and
4.
The decision is consistent with the general plan.
(Ord. 205 § 1 (Exh. A), 2003)
§ 13.10.040 Applicability.
This title applies to all land uses, subdivisions, and development within the town, as follows.
A.
New Land Uses or Structures, Changes to 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 Section 13.22.020 (General Requirements for Development and New Land Uses), and Chapter 13.72 (Nonconforming Uses, Structures, and Parcels). No building permit or grading permit shall be issued by the town unless the proposed construction complies with all applicable provisions of this title.
B.
Subdivisions. Any subdivision of land proposed within the town after the effective date of this Zoning Ordinance shall be consistent with the minimum lot size requirements of Article 2 (Zoning Districts, Allowable Land Uses and Permit Requirements), the Town's Subdivision Ordinance, and all applicable requirements of this Zoning Ordinance.
C.
Continuation of an Existing Land Use. An existing land use is lawful and not in violation of this title only when operated and maintained in compliance with all applicable provisions of this title, including Chapter 13.72 (Nonconforming Uses, Structures and Parcels). However, the requirements of this title are not retroactive in their effect on a land use that was lawfully established before the effective date of the ordinance codified in this title or any applicable amendment, except as otherwise provided by Chapter 13.72.
D.
Effect of Zoning Ordinance Changes on Projects in Progress.
1.
A land use permit application that has been accepted by the department as complete prior to the effective date of the ordinance codified in this title or any amendment shall be processed in compliance with the requirements in effect when the application was accepted as complete.
2.
A project that is under construction on the effective date of the ordinance codified in this title or any amendment, need not be changed to satisfy any new or different requirements of this title, provided that the approved use of the site shall be established, including the completion of all structures and other features of the project as shown on the approved permit, before the expiration of the permit, or applicable time extension.
E.
Minimum Requirements. The provisions of this title shall be minimum requirements for the promotion of the public health, safety, and general welfare. When this title provides for discretion on the part of a town official or body, that discretion may be exercised to impose more stringent requirements than set forth in this title, as may be determined by the applicable review authority to be necessary to promote orderly land use and development, environmental resource protection, and the other purposes of this title.
F.
Conflicting Requirements:
1.
Zoning Title and Town Code Provisions. If conflicts occur between requirements of this title, or between this title, the town of Loomis Municipal Code, or other regulations of the town, the most restrictive shall apply.
2.
Development Agreements or Specific Plans. If conflicts occur between the requirements of this title and standards adopted as part of any development agreement or applicable specific plan, the requirements of the development agreement or specific plan shall apply.
3.
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 (for example, CC&Rs), without affecting the applicability of any agreement or restriction. The town shall not enforce any private covenant or agreement unless it is a party to the covenant or agreement, or a portion thereof.
G.
Other Requirements May Apply. Nothing in this title eliminates the need for obtaining any other permits required by the town, or any permit, approval or entitlement required by the South Placer Municipal Utility District, the Placer County Water Agency, any fire district having jurisdiction, any other applicable special district or agency, and/or the regulations of any state or federal agency.
(Ord. 205 § 1 (Exh. A), 2003)
§ 13.10.050 Interpretations.
A.
Authority. The director has the authority to interpret any provision of this title. Whenever the director determines that the meaning or applicability of any zoning title requirement is subject to interpretation, the director may issue an official interpretation. The director may also refer any issue of interpretation to the commission for their determination.
B.
Language. When used in this title, the words "shall," "must," "will," "is to," and "are to" are always mandatory. "Should" is not mandatory but is strongly recommended; and "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 number, and the plural the singular, unless the natural construction of the word indicates otherwise. The words "includes" and "including" shall mean "including but not limited to . . ."
C.
Time Limits. Whenever a number of days is specified in this title, or in any permit, condition of approval, or notice provided in compliance with this title, the number of days shall be construed as calendar days. A time limit shall extend to 5:00 p.m. on the following working day where the last of the specified number of days falls on a weekend or holiday.
F.
State Law Requirements. Where this title references applicable provisions of state law (for example, the California Government Code, Subdivision Map Act, or Public Resources Code), the reference shall be construed to be to the applicable state law provisions as they may be amended from time to time.
(Ord. 205 § 1 (Exh. A), 2003)