Division I of Title 18 of the Morgan Hill Municipal Code shall be known and cited as the "Morgan Hill Zoning Code" and referred to in this title as the "zoning code."

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

The zoning code takes effect and is in force from and after July 7, 2018.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

The zoning code is adopted pursuant to the authority in Section 65850 of the California Government Code and all other relevant laws of the state of California. Whenever the zoning code refers to a section of state law that is later amended or superseded, the zoning code shall be deemed amended to refer to the amended section or the section that most nearly corresponds to the superseded section.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

General. The purpose of the zoning code is to implement the general plan and to protect the public health, safety, and welfare.

B.

Specific. The zoning code is intended to:

1.

Preserve and enhance Morgan Hill's small-town feel and family friendly character.

2.

Ensure that all development exhibits high-quality design that supports a unique sense of place.

3.

Protect and enhance the quality of life in residential neighborhoods.

4.

Encourage active and inviting commercial and mixed-use areas.

5.

Support a vibrant, diverse, and dynamic local economy.

6.

Allow for a broad range of housing choices that meets the needs of all segments of the community.

7.

Protect environmental resources and promote a sustainable development pattern.

8.

Preserve viable agricultural land, important habitat areas, and recreational open space.

9.

Support a balanced transportation system that accommodates the needs of automobiles, pedestrians, and bicycles.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

The zoning code implements the city of Morgan Hill general plan by establishing detailed regulations for land uses, structures and activities in Morgan Hill. All land uses, structures, and activities in Morgan Hill shall be consistent with the general plan.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

General. The zoning code applies to all land uses, structures, and activities in the city of Morgan Hill unless an exemption is specifically provided by the zoning code.

B.

Compliance Required. No land use shall be established nor shall any structure be constructed, altered, or moved until:

1.

All applicable development review and approval processes have been followed;

2.

All applicable approvals have been obtained; and

3.

All required permits or authorizations to proceed have been issued.

C.

Governmental Activities. The zoning code applies to special districts and state or federal governmental agencies to the extent legally permissible. The zoning code does not apply to public projects of the city of Morgan Hill. Private projects on leased lands owned by the city are not public projects of the city.

D.

Public Utilities. Public utility facilities are subject to the requirements of the zoning code except to the extent provided by Government Code Section 53091 and the California Public Utilities Code.

E.

Emergency Powers. The city council may authorize deviations from the zoning code during a local emergency declared and ratified under the Morgan Hill Municipal Code. The city council may authorize a deviation by resolution without notice or public hearing.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

Conflict with State or Federal Regulations. Where conflict occurs with state or federal laws, higher law shall control over lower law unless local variation is permitted.

B.

Conflict with Other City Regulations. Where the zoning code conflicts with other ordinances, resolutions, or regulations of the city of Morgan Hill, the more restrictive shall control.

C.

Conflict with Private Agreements. It is not the intent of the zoning code to interfere with, abrogate, or annul any easement, covenant, deed restriction, or other agreement between private parties. If the zoning code imposes a greater restriction than imposed by a private agreement, the zoning code shall control. Private agreements may impose greater restrictions than the zoning code, but the city is not responsible for monitoring or enforcing private agreements.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

Relation to Prior Ordinances. This zoning code supersedes the prior zoning code codified in Title 18 of the Morgan Hill Municipal Code.

B.

Violations Continue. Any violation of the prior zoning code will continue to be a violation under this zoning code subject to penalties and enforcement under Chapter 18.120 (Enforcement) unless the use, structure, or activity complies with this zoning code.

C.

Nonconforming Parcels, Uses, and Structures. A legal nonconforming parcel, land use, or structure may be maintained and continue as allowed by Chapter 18.68 (Nonconforming Uses and Structures).

D.

Previously Approved Projects and Projects in Progress. Permits and approvals valid on or before the effective date of this zoning code remain valid until their expiration date. Projects with valid approvals or permits may be carried out in accordance with the development standards in effect at the time of approval, provided that the permit or approval is valid and has not lapsed. A re-application for a permit or approval that expires after the effective date of this zoning code shall fully comply with the standards in effect at the time of re-application.

E.

Transition to New Zoning Districts.

1.

Upon the effective date of this zoning code, land that is zoned with a zoning district classification from the previous zoning code shall be re-classified or translated to one of the zoning districts as established in Chapter 18.14 (Zoning Districts and Map) and shown on the zoning map.

2.

A property shall comply with the regulations of its zoning district classification as shown on the zoning map.

F.

Planned Development Zoning Districts. Requirements that applied within a planned development zoning district existing before the effective date of the zoning code shall remain in full force and effect.

G.

References to Prior Zoning Districts.

1.

In cases where city ordinances, policies, conditions of approval, and other requirements reference a zoning district classification from the previous zoning code, such references shall be interpreted to mean the equivalent zoning district in this zoning code as shown in Table 18.04-1.

2.

For requirements based on previous zoning districts with no equivalent zoning district in this zoning code, the requirements of the previous zoning district in effect at the time the reference was established shall continue to apply.

Table 18.04-1: Equivalent Zoning Districts

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2327 N.S., § 11, 12-15-2021)

If any portion of the zoning code is found invalid or unconstitutional by the decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the zoning code. The city council hereby declares that it would have passed the zoning code, and each portion thereof, regardless of the fact that a portion has been declared invalid or unconstitutional.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)