02 - GENERAL PROVISIONS2
Sections:
For statutory provisions relating to local planning, see Gov. Code § 65100 et seq.; for the provisions pertaining to the adoption and administration of zoning laws and ordinances and their implementation, see Gov. Code § 65850 et seq.
The zoning regulations and districts as herein set forth are made in accordance with a comprehensive plan and are designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. They are made with reasonable consideration, among other things, as to the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city.
(1965 code Title XII, Ch. 2, § 1)
In interpreting and applying the provisions of this title they are the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare. It is not intended by this title to interfere with or abrogate or annul any easement, covenant, or other agreement between parties. Where this title imposes a greater restriction upon the use of buildings or land, or upon the 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 control.
(1965 code Title XII, Ch. 2, § 10)
The regulations specified in this title are subject to the general provisions and exceptions established by this chapter. Any use that is not permitted expressly by any provisions of this title shall be prohibited.
(1965 code Title XII, Ch. 3, § 1)
(Ord. No. 1453, § 1, 10-13-09; Ord. No. 1570, § 1, 8-9-16)
Except as hereinafter provided, buildings or structures shall be erected, reconstructed, structurally altered, enlarged, moved or maintained and buildings, structures or land shall be used or designed to be used only for uses permitted in the zone in which such buildings, structure or land is located and then only after applying for and securing all permits and licenses required by all laws and the municipal code.
(1965 code Title XII, Ch. 3, § 2)
A.
A determination of whether a particular use is within the scope of permitted uses and allowable accessory uses in a particular zone shall constitute a "determination of use."
B.
The planning commission shall have authority to act on a determination of use.
C.
A person with an interest in real property located within a particular zone who intends to develop such real property with a use not expressly allowed in such zone shall apply to the planning commission for a determination of use provided that such use is not detrimental to the public health, safety and general welfare.
D.
The determination of the planning commission shall become final and thereafter control development within the particular zone unless such determination of use is appealed to the city council in accordance with Chapter 18.68 of the Rialto Municipal Code-Appeal.
(1965 code Title XII, Ch. 3, § 2)
(Ord. No. 1453, § 1, 10-13-09; Ord. No. 1570, § 1, 8-9-16)
Where any provision of this title imposes more stringent requirements, regulations, restrictions or limitations than are imposed or required by the provisions of any other law or title then the provisions of this title govern.
(1965 code Title XII, Ch. 3, § 4)
The provisions of this title do not limit or interfere with the construction, installation, operation, and maintenance for public utility purposes, of water and gas pipes, mains and conduits, electric light and electric power transmission and distribution lines, telephone and telegraph lines, oil pipe lines, sewers and sewer mains, and incidental appurtenances.
(1965 code Title XII, Ch. 3, § 5)
Any area annexed to the city after the effective date of this title is automatically placed in the "R-1 A" single family zone, and remains in that zone until the land use zoning map for the area has been adopted by the planning commission and city council unless the commission and council determine the precise zoning as a part of the annexation procedure.
(Ord. 1234 (part), 1995: 1965 code Title XII, Ch. 3, § 6)
Every dwelling shall face or have frontage upon a street or permanent means of access to a street by way of a public or private easement or passageway as required by the planning commission. Such easement shall be not less than ten feet in width.
(1965 code Title XII, Ch. 3, § 11)
Where any commercial or industrial use is permitted in a zone which adjoins a residential zone the residential zone shall be separated therefrom by a solid masonry wall six feet in height, provided that the wall shall not exceed three and one-half feet in height where it is in the front yard area of the adjoining residential zone.
(Ord. 1169 § 1 (part), 1992: 1965 code Title XII, Ch. 3, § 17)
The city attorney, upon request of the city council, institutes any necessary legal proceedings to enforce the provisions of this title, and he/she is authorized, in addition to the remedy herein provided, to institute an action for an injunction to restrain, or any other appropriate action or proceedings to enforce such provisions.
(Ord. 1234 (part), 1995: Ord. 636 § 2, 1973; 1965 code Title XII, Ch. 2, § 11)
All persons or business entities seeking any permit or entitlement from the city pursuant to the provisions of these zoning regulations shall disclose whether such person, entity or representatives or officers of the business entity is related to any officer or employee of the city by blood or marriage within the third degree which would subject such officer or employee to the prohibition of California Government Sections 87100 et seq., Fair Political Practices Commission Regulation Section 18702, or Government Code Section 1090, as such provisions may be amended from time-to-time. To this end, any such application shall prominently provide the following disclosure:
By submitting and signing any/this application, the applicant hereby attests under penalty of perjury, both on behalf of the entity submitting the application as well as its officers, representatives and the undersigned, that it/they have no financial interests, as such term is defined in California Government Sections 87100 et seq., Fair Political Practices Commission Regulation Section 18702, or Government Code Section 1090, whether written or verbal, with any City of Rialto elected or appointed official or employee, except as specifically disclosed in the space provided immediately below in this application: _______ [insert any applicable city official/employee names]. The nature of the relationship with the person listed above is _______.
(Ord. No. 1572, § 3, 9-13-16)
02 - GENERAL PROVISIONS2
Sections:
For statutory provisions relating to local planning, see Gov. Code § 65100 et seq.; for the provisions pertaining to the adoption and administration of zoning laws and ordinances and their implementation, see Gov. Code § 65850 et seq.
The zoning regulations and districts as herein set forth are made in accordance with a comprehensive plan and are designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. They are made with reasonable consideration, among other things, as to the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city.
(1965 code Title XII, Ch. 2, § 1)
In interpreting and applying the provisions of this title they are the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare. It is not intended by this title to interfere with or abrogate or annul any easement, covenant, or other agreement between parties. Where this title imposes a greater restriction upon the use of buildings or land, or upon the 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 control.
(1965 code Title XII, Ch. 2, § 10)
The regulations specified in this title are subject to the general provisions and exceptions established by this chapter. Any use that is not permitted expressly by any provisions of this title shall be prohibited.
(1965 code Title XII, Ch. 3, § 1)
(Ord. No. 1453, § 1, 10-13-09; Ord. No. 1570, § 1, 8-9-16)
Except as hereinafter provided, buildings or structures shall be erected, reconstructed, structurally altered, enlarged, moved or maintained and buildings, structures or land shall be used or designed to be used only for uses permitted in the zone in which such buildings, structure or land is located and then only after applying for and securing all permits and licenses required by all laws and the municipal code.
(1965 code Title XII, Ch. 3, § 2)
A.
A determination of whether a particular use is within the scope of permitted uses and allowable accessory uses in a particular zone shall constitute a "determination of use."
B.
The planning commission shall have authority to act on a determination of use.
C.
A person with an interest in real property located within a particular zone who intends to develop such real property with a use not expressly allowed in such zone shall apply to the planning commission for a determination of use provided that such use is not detrimental to the public health, safety and general welfare.
D.
The determination of the planning commission shall become final and thereafter control development within the particular zone unless such determination of use is appealed to the city council in accordance with Chapter 18.68 of the Rialto Municipal Code-Appeal.
(1965 code Title XII, Ch. 3, § 2)
(Ord. No. 1453, § 1, 10-13-09; Ord. No. 1570, § 1, 8-9-16)
Where any provision of this title imposes more stringent requirements, regulations, restrictions or limitations than are imposed or required by the provisions of any other law or title then the provisions of this title govern.
(1965 code Title XII, Ch. 3, § 4)
The provisions of this title do not limit or interfere with the construction, installation, operation, and maintenance for public utility purposes, of water and gas pipes, mains and conduits, electric light and electric power transmission and distribution lines, telephone and telegraph lines, oil pipe lines, sewers and sewer mains, and incidental appurtenances.
(1965 code Title XII, Ch. 3, § 5)
Any area annexed to the city after the effective date of this title is automatically placed in the "R-1 A" single family zone, and remains in that zone until the land use zoning map for the area has been adopted by the planning commission and city council unless the commission and council determine the precise zoning as a part of the annexation procedure.
(Ord. 1234 (part), 1995: 1965 code Title XII, Ch. 3, § 6)
Every dwelling shall face or have frontage upon a street or permanent means of access to a street by way of a public or private easement or passageway as required by the planning commission. Such easement shall be not less than ten feet in width.
(1965 code Title XII, Ch. 3, § 11)
Where any commercial or industrial use is permitted in a zone which adjoins a residential zone the residential zone shall be separated therefrom by a solid masonry wall six feet in height, provided that the wall shall not exceed three and one-half feet in height where it is in the front yard area of the adjoining residential zone.
(Ord. 1169 § 1 (part), 1992: 1965 code Title XII, Ch. 3, § 17)
The city attorney, upon request of the city council, institutes any necessary legal proceedings to enforce the provisions of this title, and he/she is authorized, in addition to the remedy herein provided, to institute an action for an injunction to restrain, or any other appropriate action or proceedings to enforce such provisions.
(Ord. 1234 (part), 1995: Ord. 636 § 2, 1973; 1965 code Title XII, Ch. 2, § 11)
All persons or business entities seeking any permit or entitlement from the city pursuant to the provisions of these zoning regulations shall disclose whether such person, entity or representatives or officers of the business entity is related to any officer or employee of the city by blood or marriage within the third degree which would subject such officer or employee to the prohibition of California Government Sections 87100 et seq., Fair Political Practices Commission Regulation Section 18702, or Government Code Section 1090, as such provisions may be amended from time-to-time. To this end, any such application shall prominently provide the following disclosure:
By submitting and signing any/this application, the applicant hereby attests under penalty of perjury, both on behalf of the entity submitting the application as well as its officers, representatives and the undersigned, that it/they have no financial interests, as such term is defined in California Government Sections 87100 et seq., Fair Political Practices Commission Regulation Section 18702, or Government Code Section 1090, whether written or verbal, with any City of Rialto elected or appointed official or employee, except as specifically disclosed in the space provided immediately below in this application: _______ [insert any applicable city official/employee names]. The nature of the relationship with the person listed above is _______.
(Ord. No. 1572, § 3, 9-13-16)