Patterson City Zoning Code
Division I
ADMINISTRATION
§ 18.02.010 Title, authority, and general content.
This title may be cited as the "city of Patterson zoning ordinance." This title is adopted pursuant to the authority granted to the city of Patterson by California Government Code Section 65800 et seq. The zoning code consists of the zoning map and certain designated zoning districts and regulations for each, as well as general requirements, which control the uses of land, population density, uses and locations of structures, height and bulk of structures, open spaces about structures, the aspects of certain uses in structures, the areas and dimensions of building sites, requirements for off-street parking, and attendant regulations within such zoning districts.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.02.020 Purpose and intent.
The zoning code is adopted to promote and protect the public health, safety, peace, morals, comfort, convenience, and general welfare and, among other purposes, is adopted for the specified purposes more particularly described as follows:
A.
To implement the general plan of the city;
B.
To provide a definite and comprehensive zoning plan for development of the city and to guide, control, and regulate the future growth of the city in accordance with such plan and the city's general plan;
C.
To protect the character and the social and economic stability of agricultural, residential, commercial, industrial, and other areas and land uses within the city, and to assure the orderly and beneficial development thereof;
D.
To minimize conflicts between private individuals or groups or other conflicts which might result from incompatible or inappropriate adjacent land uses;
E.
To maintain and to enhance desirable characteristics of neighborhoods; to provide open space for light and air; to prevent undue concentration of population; to promote orderly community development; and to otherwise promote the implementation of the city of Patterson general plan;
F.
To promote orderly growth with the provision of providing adequate infrastructure and the efficient use of land.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.02.030 Applicability of regulations.
This title applies to all land uses, structures, subdivisions, and development within the city of Patterson, as outlined below. Generally, the enactment of this code shall not terminate or otherwise affect entitlements, permits, or approvals authorized under the provisions of any ordinance repealed, suspended, or revised by the adoption of this code, nor shall any prior violation of any such prior ordinance be excused by the adoption of this code.
A.
New or Altered Land Uses or Structures. Compliance with this title is required to lawfully establish, construct, reconstruct, alter, or replace any use of land or structure.
B.
Existing Uses and Structures. An existing land use or structure is lawful only when it was legally established and is operated and maintained in compliance with all applicable provisions of this title. See Chapter 18.94 (Nonconforming Uses and Structures) for more details.
C.
Minimum Requirements. The provisions of this title shall be the minimum to ensure the public health, safety, and welfare. For discretionary actions, city officials or bodies have the discretion to impose more stringent requirements than set forth in this title as may be necessary to promote orderly land use development and the purposes of this title.
D.
Land Use Permit or Entitlement Required—Limitation on Subsequent Permits. Land use permits or entitlements are required when a development, as defined in this title, is proposed. No person shall begin construction, occupy, or conduct a use or operation within the city, and the city shall not issue any other permit related to the development, until any required land use permit or entitlements have been approved and the appeals period has expired.
E.
Other Requirements and Permits. Nothing in this title eliminates the need for obtaining any other permits required by the city, or any permit, approval, or entitlement required by the regulations of any regional, state, or federal agency.
F.
Effect of Zoning Ordinance Changes on Projects in Process. The enactment of this title, or any amendments thereto, may have the effect of imposing different standards on new land uses, development, and/or structures than those that applied to existing land uses, development, and/or structures. Following the effective date of this title, the following provisions shall apply. Successive amendments to this title shall specify their applicability to pending applications and projects not yet or under construction; in the event an amendment is silent on this matter, the following shall apply:
1.
Pending Applications. All land use permit applications that are active and that have been determined by the planning director to be complete before the effective date of this title, or any amendments thereto, will be processed according to the regulations in effect when the application was deemed complete.
2.
Approved Projects Not Yet Under Construction. Any structure authorized by a planning permit or entitlement for which construction has not begun as of the effective date of this title, or any amendment thereto, may still be constructed in compliance with the approved permit, as long as construction is completed and the approved land use is established before the expiration of the permit or, where applicable, before the expiration of any approved time extension.
3.
Projects Under Construction. A structure that is under construction pursuant to a valid building permit on the effective date of this title, or any amendments thereto, may be completed and need not be changed to satisfy any new or different requirements of this title as long as construction is beyond the approval of the first inspection on the effective date of this title, or any amendment thereto; and provided, that construction is diligently prosecuted to completion. Such a structure shall be deemed to be a lawfully existing building.
G.
Conflicting Requirements. Wherever conflict occurs between the provisions of this title and any other provision of law, the more restrictive of any such provisions shall apply, except for conflicts between the requirements of this title and any adopted specific plan or special planning area, in which case the requirements of the specific plan or special planning area shall govern.
H.
Severability. If any portion of this title is for any reason held by a court of competent jurisdiction to be invalid, unconstitutional, or unenforceable, such decision shall not affect the validity of the remaining portions of this title. The city council hereby declares that this title and each division, chapter, section, subsection, paragraph, subparagraph, sentence, clause, phrase, and portion thereof is adopted, irrespective of the fact that one or more portions of this title may be declared invalid, unconstitutional, or unenforceable.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.04.010 Purpose.
The purpose of this chapter is to establish and describe the respective administrative responsibilities of city officials and bodies (e.g., planning director, planning commission, city council) for purposes of this title.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.04.020 Planning agency.
California Government Code Section 65100 requires each jurisdiction to establish a planning agency to carry out the land use and planning functions of the jurisdiction. The functions of the planning agency, as designated by the title, shall be carried out by the following bodies. In the absence of an assignment, the city council shall retain responsibility and authority as the legislative body of the city.
A.
Planning Director. The planning director, or designee, shall have the responsibility and authority to administer and enforce this title as follows:
1.
Application Process. Receive and review all applications for development pursuant to this title. Processing includes but is not limited to the certification of completed applications, the establishment of a permanent file, posting of public notices, collection of applicable fees, preparation of reports, processing of appeals, and presentation of staff reports to the planning commission and city council.
2.
Interpretation. Interpret the provisions and advise the public on the requirements of this title.
3.
Amendment. Initiate action for amendment of this title where it is determined that such amendment would better implement the general plan goals and objectives and increase its effectiveness and/or improve or clarify the contents of this title.
4.
Permit Issuance. Issue permits under this title and certify that all such permits are in full conformance with its requirements.
5.
Coordination. Refer and coordinate matters related to the administration of this title with other agencies and city departments and provide information on the status of all development permits.
B.
City Manager. The city manager or designee shall oversee the work of the planning director and shall exercise such other powers and duties as are prescribed by state law or local ordinance, or as directed by the city council.
C.
Planning Commission. Pursuant to California Government Code Section 65101, the city of Patterson has an established planning commission. The planning commission shall have the following land use responsibilities:
1.
Hear and decide applications for entitlements as provided in Division II (Procedures).
2.
Initiate studies of amendments to this title and make recommendations to the city council for amendments as provided in Division II (Procedures) and in California Government Code Section 65853.
3.
Hear and make recommendations to the city council on applications for zoning amendments, the general plan and amendments thereto, specific plans, prezoning, and other related planning studies.
4.
Exercise such other powers and duties as are prescribed by state law or local ordinance, or as directed by the city council.
D.
City Council. The city council is the legislative body of the city and shall have the following land use responsibilities:
1.
Hear and decide appeals of the planning commission.
2.
Hear and decide applications for permits and entitlements as listed in Division II (Procedures).
3.
Direct planning-related policy amendments and special studies as necessary or desired.
4.
Exercise such other powers and duties as are prescribed by state law or local ordinance.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.06.010 Purpose.
The purpose of this chapter is to specify the authority and procedures for clarification of ambiguity in the regulations of this title in order to ensure the consistent interpretation and application of the title.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.06.020 Rules of interpretation.
The planning director shall have the authority and responsibility to interpret terms, provisions, and requirements of this code in accordance with the rules listed below.
B.
Terminology. The following rules apply to all provisions in this code:
1.
Language. The words "shall," "will," "is to," and "are to" and similar words and phrases are always mandatory. "Should" is not mandatory but is strongly recommended, and "may" is permissive.
2.
Tense and Number. The present tense includes the past and future tense, and the future tense includes the present. The singular number includes the plural, and plural numbers include the singular unless the natural construction of the word indicates otherwise.
3.
Conjunctions. "And" indicates that all connected items or provisions shall apply. "Or" indicates that the connected items or provisions may apply singly or in any combination. "Either…or" indicates that the connected items and provisions shall apply singly but not in combination. "Includes" and "including" shall mean "including but not limited to."
C.
Number of Days. Whenever a number of days is specified in this code, or in any entitlement, condition of approval, or notice issued or given as provided in this code, the number of days shall be construed as calendar days, unless business days are specified. Time limits will extend to the following business day where the last of the specified number of days falls on a day that the city is not open for business.
D.
Minimum Requirements. All provisions of this code are considered to be minimum requirements, unless specifically stated otherwise.
E.
Calculations—Rounding. Where any provision of this code requires calculation to determine applicable requirements, any fractional/decimal results of the calculation shall be rounded to the nearest whole number (0.5 or more is rounded up, less than 0.5 is rounded down).
F.
Zoning Regulations. Any list of any item, including zones or uses, is exclusive. If a use or other item is not listed, it is not permitted unless the use is determined to be similar to a listed use or use category.
G.
Zone Boundaries. Where uncertainty exists as to the boundaries of any districts shown on the official zoning map, the following rules shall apply:
1.
Where a zoning district's boundaries approximately follow lot, alley, or street lines, such lot lines and street and alley centerlines shall be construed as the district boundaries.
2.
If a zoning district's boundary line divides a lot and the boundary line location is not otherwise designated by ordinance, the location of the boundary line shall be determined by use of the scale appearing on the zoning map.
3.
Where a public street or alley is officially vacated or abandoned, the property encompassed by said street or alley shall be included within the district or districts of the adjoining property on either side of said vacated or abandoned street or alley. If the adjoining properties are in different zoning districts, the boundary lines shall be the centerline of the former street or alley and the extension of the side yard lines of the adjacent properties.
H.
Consistency of Text and Diagrams. Diagrams are provided within this code to illustrate the requirements of the zoning code's text. In the event of conflict between the text of this code and provided diagrams, the text shall determine the city's regulations.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.06.030 Conflicts with other regulations.
Wherever conflict occurs between the provisions of this title and any other provision of law, the more restrictive of any such provisions shall apply.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.08.010 Purpose.
The purpose of this chapter is to establish the authority and process for enforcement of the requirements of this title and any conditions of approval for the planning permits and entitlements identified in this title for purposes of protecting the public health, safety, and welfare of the city of Patterson.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.08.020 Enforcement.
All departments, officials, and public employees of the city vested with the duty of authority to issue permits or licenses shall conform to the provisions of this title, and shall issue no permit or license for uses, buildings, or purposes in conflict with the provisions of this title, and any such permit or license issued in conflict with the provisions of this title shall be null and void. It shall be the duty of the building official of the city to enforce the provisions of this title pertaining to the erection, construction, reconstruction, moving, conversion, alteration, or addition to any building or structure. It shall be the duty of the planning director to enforce all other provisions of this title.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.08.030 Penalties.
Any person, firm, or corporation, whether as principal, agent, employee, or otherwise, violating or causing the violation of any of the provisions of this title is guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine of not more than one thousand dollars or by imprisonment in the county jail for a term not exceeding one hundred fifty days or by both such fine and imprisonment. Such person, firm, or corporation is guilty of a separate offense for each and every day during any portion of which any violation of this title is committed or continued by such person, firm, or corporation, and shall be punishable as herein provided.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.08.040 Legal procedure.
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, is unlawful and a public nuisance, and the city attorney shall, upon order of the city council, immediately commence action or proceedings for the abatement and removal and enjoyment thereof in the manner provided by law, and shall take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building or structure, and restrain and enjoin any person, firm, or corporation from setting up, erecting, building, maintaining, or using any such building or parcel contrary to the provisions of this title.
(Ord. 738 § 1 (Exh. A) (part), 2013)
§ 18.08.050 Remedies cumulative.
The remedies provided for in this title shall be cumulative and not exclusive.
(Ord. 738 § 1 (Exh. A) (part), 2013)