General Provisions
A. This title shall be known and cited as the “zoning code” or “code” or “this title.”
B. The zoning map that is a part of the zoning code shall be known as the “city of Helena official zoning map” or “zoning map” (see Section 17.01.070, Zoning map).
A. This title shall be known and cited as the “zoning code” or “code” or “this title.”
B. The zoning map that is a part of the zoning code shall be known as the “city of Helena official zoning map” or “zoning map” (see Section 17.01.070, Zoning map).
C. The zoning code and the zoning map shall be subject to change from time to time as may be determined by the city council. (Ord. 23-4 § 5 (Exh. A))
The St. Helena zoning code is adopted pursuant to the authority contained in Section 65850 of the California Government Code. (Ord. 23-4 § 5 (Exh. A))
The purpose of this zoning code is to:
A. Protect and promote the public health, safety, peace, comfort, and general welfare;
B. Encourage orderly, compatible, and beneficial uses of land;
C. Minimize conflicts which might result from incompatible and inappropriate land uses;
D. Maintain and enhance the desirable character of the city and its various neighborhoods and areas;
E. Lessen congestion on streets;
F. Prevent and lessen the human and property loss resulting from natural and manmade hazards;
G. Facilitate the provision of adequate community facilities such as schools, parks, streets, fire protection, and other public requirements;
H. Provide open space for light and air;
I. Protect agricultural soils, vegetation, wildlife, and other natural resources from incompatible and deleterious activities;
J. Preserve, protect, and enhance the environment of the city;
K. Provide for a variety of housing types and housing opportunities;
L. Protect the city’s historic resources; and
M. Otherwise promote the general community welfare in accord with the city’s general plan. (Ord. 23-4 § 5 (Exh. A))
The provisions of this title shall apply to all land and all owners of land within the incorporated limits of the city and shall be applicable not only to private persons, agencies, and organizations, but also to all public agencies and organizations to the full extent that such provisions may now or hereafter be enforceable in connection with the activities of any such public agency or organization. In their interpretation and application, the provisions of this title shall be held to be minimum requirements.
A. Compliance With Use Regulations. No land, building, structure or premises shall be used, designated or intended to be used for any purpose or in any manner other than that which is permitted by this title, the regulations of the applicable zoning district in which such land, building, structure and premises is located, and any conditions of approval imposed upon any permit authorized by this title.
B. Compliance With Development Standards. No building or part thereof or structure shall be erected, constructed, reconstructed, structurally altered, enlarged, rebuilt or removed except in conformity to the yard, setback, building location and height regulations of this title, the regulations of the applicable zoning district in which such building or part thereof or structure is located, and any conditions of approval imposed upon any permit authorized by this title.
C. Conflicting Regulations. Where conflict occurs between the regulations of this title and the building code or other regulations effective within the city, the more restrictive regulation shall apply except in areas subject to discretionary design review provisions.
D. Limitations. Except as otherwise authorized by the city council, the city shall not process any application for a permit, approval or clearance that is sought pursuant to this title (including, without limitation, a conditional use permit, variance, zoning amendment, or general plan amendment) for any property found in violation of this title until the violation is corrected. (Ord. 23-4 § 5 (Exh. A))
A. It is the policy of the city as expressed in the general plan that the zoning code be consistent with the general plan. For this purpose, consistency is achieved when the various land uses authorized by this title are compatible with the objectives, policies, general land uses, and programs specified in the general plan.
B. In accord with this policy, the zoning code is intended to implement the general plan of the city as expressed in the text, maps, and diagrams of all elements of the general plan taken together. In determining consistency, the compatibility and timing of proposed developments and other uses of land shall be considered pursuant to the policies of the general plan.
C. This title recognizes the supremacy of the general plan. If an inconsistency between the zoning code and the general plan should for whatever reason arise, the general plan shall prevail over the zoning code; the city, shall, in good faith, make every effort to resolve the inconsistency within a reasonable period of time. Any amendment of this title shall be consistent with the general plan. (Ord. 23-4 § 5 (Exh. A))
No matter how carefully constructed, the zoning code will require interpretation in its day-to-day administration. In adopting the zoning code, it is the intent of the city to interpret and administer the zoning code in a reasonable fashion consistent with the public interest of the residents of the city. In their interpretation and application, the provisions of this title shall be held to be the minimum requirements guided by the following:
A. Where this title imposes a greater restriction than is imposed or required by other rules, regulations or ordinances, the provisions of this title shall control.
B. Where other rules, regulations, or ordinances impose greater restrictions or more specific standards than those of this title, the more specific shall control.
C. Where provisions of this title are in conflict, the more specific regulations shall apply over the more general; where provisions of this title remain in conflict, the more restrictive provisions shall apply. (Ord. 23-4 § 5 (Exh. A))
The designations, locations and boundaries of the base districts and overlays established in this title shall be shown on the zoning map or maps of the city. The zoning map accompanying and incorporated into this title by reference shall govern the administration and enforcement of all regulations, standards, and permits. The zoning map as amended or changed from time to time, together with all notations, references, data and other information, is adopted and made a part of this title. Any amendment or rezoning of a property or properties from one zoning district to another zoning district shall constitute an amendment to this title and shall be so referenced in the amending zoning ordinance. (Ord. 23-4 § 5 (Exh. A))
All areas within the incorporated boundaries of the city whether land or water, public or private shall be considered to be zoned and shall be governed by the regulations of this title. Where uncertainty exists as to the boundaries of any district as shown on the zoning map, the planning commission, upon written application or upon its own motion, shall determine the location of such boundaries. In its determination, the planning commission shall be guided by the following rules:
A. The legal description of the lot or lots referenced by the assessor’s parcel number of any prior rezoning and/or the existing zoning map;
B. Unless otherwise clearly indicated on the zoning map, zoning district boundaries shall coincide with property lines, sectional lines, center lines of blocks, and/or the boundaries of publicly owned lands; and
C. Where the location of the zoning district boundaries cannot be determined by the above rules, the boundaries shall be located by the use of the scale on the zoning map. (Ord. 23-4 § 5 (Exh. A))
If any section, sentence, clause, phrase, word, portion, or provision of this chapter is held invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect, impair, or invalidate any other section, sentence, clause, phrase, word, portion, or provision of this title which can be given effect without the invalid provision. The invalidation of the application of any section, sentence, clause, phrase, word, portion, or provision of this title to a particular property or structure, or any particular properties or structures, by any court of competent jurisdiction shall not affect the application of such section, sentence, clause, phrase, word, portion, or provision to any other property or structure not specifically included in said invalidation. (Ord. 23-4 § 5 (Exh. A))
General Provisions
A. This title shall be known and cited as the “zoning code” or “code” or “this title.”
B. The zoning map that is a part of the zoning code shall be known as the “city of Helena official zoning map” or “zoning map” (see Section 17.01.070, Zoning map).
A. This title shall be known and cited as the “zoning code” or “code” or “this title.”
B. The zoning map that is a part of the zoning code shall be known as the “city of Helena official zoning map” or “zoning map” (see Section 17.01.070, Zoning map).
C. The zoning code and the zoning map shall be subject to change from time to time as may be determined by the city council. (Ord. 23-4 § 5 (Exh. A))
The St. Helena zoning code is adopted pursuant to the authority contained in Section 65850 of the California Government Code. (Ord. 23-4 § 5 (Exh. A))
The purpose of this zoning code is to:
A. Protect and promote the public health, safety, peace, comfort, and general welfare;
B. Encourage orderly, compatible, and beneficial uses of land;
C. Minimize conflicts which might result from incompatible and inappropriate land uses;
D. Maintain and enhance the desirable character of the city and its various neighborhoods and areas;
E. Lessen congestion on streets;
F. Prevent and lessen the human and property loss resulting from natural and manmade hazards;
G. Facilitate the provision of adequate community facilities such as schools, parks, streets, fire protection, and other public requirements;
H. Provide open space for light and air;
I. Protect agricultural soils, vegetation, wildlife, and other natural resources from incompatible and deleterious activities;
J. Preserve, protect, and enhance the environment of the city;
K. Provide for a variety of housing types and housing opportunities;
L. Protect the city’s historic resources; and
M. Otherwise promote the general community welfare in accord with the city’s general plan. (Ord. 23-4 § 5 (Exh. A))
The provisions of this title shall apply to all land and all owners of land within the incorporated limits of the city and shall be applicable not only to private persons, agencies, and organizations, but also to all public agencies and organizations to the full extent that such provisions may now or hereafter be enforceable in connection with the activities of any such public agency or organization. In their interpretation and application, the provisions of this title shall be held to be minimum requirements.
A. Compliance With Use Regulations. No land, building, structure or premises shall be used, designated or intended to be used for any purpose or in any manner other than that which is permitted by this title, the regulations of the applicable zoning district in which such land, building, structure and premises is located, and any conditions of approval imposed upon any permit authorized by this title.
B. Compliance With Development Standards. No building or part thereof or structure shall be erected, constructed, reconstructed, structurally altered, enlarged, rebuilt or removed except in conformity to the yard, setback, building location and height regulations of this title, the regulations of the applicable zoning district in which such building or part thereof or structure is located, and any conditions of approval imposed upon any permit authorized by this title.
C. Conflicting Regulations. Where conflict occurs between the regulations of this title and the building code or other regulations effective within the city, the more restrictive regulation shall apply except in areas subject to discretionary design review provisions.
D. Limitations. Except as otherwise authorized by the city council, the city shall not process any application for a permit, approval or clearance that is sought pursuant to this title (including, without limitation, a conditional use permit, variance, zoning amendment, or general plan amendment) for any property found in violation of this title until the violation is corrected. (Ord. 23-4 § 5 (Exh. A))
A. It is the policy of the city as expressed in the general plan that the zoning code be consistent with the general plan. For this purpose, consistency is achieved when the various land uses authorized by this title are compatible with the objectives, policies, general land uses, and programs specified in the general plan.
B. In accord with this policy, the zoning code is intended to implement the general plan of the city as expressed in the text, maps, and diagrams of all elements of the general plan taken together. In determining consistency, the compatibility and timing of proposed developments and other uses of land shall be considered pursuant to the policies of the general plan.
C. This title recognizes the supremacy of the general plan. If an inconsistency between the zoning code and the general plan should for whatever reason arise, the general plan shall prevail over the zoning code; the city, shall, in good faith, make every effort to resolve the inconsistency within a reasonable period of time. Any amendment of this title shall be consistent with the general plan. (Ord. 23-4 § 5 (Exh. A))
No matter how carefully constructed, the zoning code will require interpretation in its day-to-day administration. In adopting the zoning code, it is the intent of the city to interpret and administer the zoning code in a reasonable fashion consistent with the public interest of the residents of the city. In their interpretation and application, the provisions of this title shall be held to be the minimum requirements guided by the following:
A. Where this title imposes a greater restriction than is imposed or required by other rules, regulations or ordinances, the provisions of this title shall control.
B. Where other rules, regulations, or ordinances impose greater restrictions or more specific standards than those of this title, the more specific shall control.
C. Where provisions of this title are in conflict, the more specific regulations shall apply over the more general; where provisions of this title remain in conflict, the more restrictive provisions shall apply. (Ord. 23-4 § 5 (Exh. A))
The designations, locations and boundaries of the base districts and overlays established in this title shall be shown on the zoning map or maps of the city. The zoning map accompanying and incorporated into this title by reference shall govern the administration and enforcement of all regulations, standards, and permits. The zoning map as amended or changed from time to time, together with all notations, references, data and other information, is adopted and made a part of this title. Any amendment or rezoning of a property or properties from one zoning district to another zoning district shall constitute an amendment to this title and shall be so referenced in the amending zoning ordinance. (Ord. 23-4 § 5 (Exh. A))
All areas within the incorporated boundaries of the city whether land or water, public or private shall be considered to be zoned and shall be governed by the regulations of this title. Where uncertainty exists as to the boundaries of any district as shown on the zoning map, the planning commission, upon written application or upon its own motion, shall determine the location of such boundaries. In its determination, the planning commission shall be guided by the following rules:
A. The legal description of the lot or lots referenced by the assessor’s parcel number of any prior rezoning and/or the existing zoning map;
B. Unless otherwise clearly indicated on the zoning map, zoning district boundaries shall coincide with property lines, sectional lines, center lines of blocks, and/or the boundaries of publicly owned lands; and
C. Where the location of the zoning district boundaries cannot be determined by the above rules, the boundaries shall be located by the use of the scale on the zoning map. (Ord. 23-4 § 5 (Exh. A))
If any section, sentence, clause, phrase, word, portion, or provision of this chapter is held invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect, impair, or invalidate any other section, sentence, clause, phrase, word, portion, or provision of this title which can be given effect without the invalid provision. The invalidation of the application of any section, sentence, clause, phrase, word, portion, or provision of this title to a particular property or structure, or any particular properties or structures, by any court of competent jurisdiction shall not affect the application of such section, sentence, clause, phrase, word, portion, or provision to any other property or structure not specifically included in said invalidation. (Ord. 23-4 § 5 (Exh. A))