(A)   Purpose: The purpose of this title is to promote the growth of the city in an orderly manner that is consistent with the Selma General Plan and to preserve and promote the public health, safety, and welfare of the city. More specifically, this Zoning Ordinance is adopted to achieve the following objectives:

      1.   To provide a precise guide and standards for the physical development of the City in a manner that achieves orderly growth and development of the city, consistent with the goals and policies of the General Plan;

      2.   Ensure compatibility between residential and nonresidential development and land uses;

      3.   Promote a well-designed city through the regulation of signing, landscaping, and site planning;

      4.   Prevent the overbuilding of land by development through the regulation of lot coverage, setbacks, height, lot density, and lot dimension;

      5.   Provide a safe, effective traffic circulation system, including parking and loading areas;

      6.   Provide and protect residential, commercial, and industrial development in the city in order to strengthen its economic base;

      7.   Protect and enhance the quality of the natural and built environment;

      8.   Conserve the city's natural resources, community assets, and architectural history;

      9.   Provide for a mix of housing types and densities which will ensure adequate and affordable housing for all economic segments of the community;

      10.   Provide a full range of commercial activity for residents and employment opportunities appropriate to the community;

      11.   Provide an appropriate interface between land uses that include commercial, industrial, mixed-use and residential land uses;

      12.   To provide for citizen participation in the development decision-making process; and

      13.   To maintain and foster community identity citywide, through the enforcement of the objectives listed above.

   (B)   Applicability:

      1.   Applicability to Property:

         (a)   This title shall apply, to the extent permitted by state and federal law, to all property within the municipal boundaries of the City of Selma, including all uses, structures, and land owned by any person, firm, corporation, or organization or the City or other local, state, or federal agencies. Any governmental agency shall be exempt from the provisions of this title only to the extent that such property may not be lawfully regulated by the City. City government uses, including, without limitation, fire stations, police stations, and public safety facilities, may be permitted in any district subject to the approval of a Conditional Use Permit.

         (b)   No land shall be used, and no structure shall be constructed, occupied, enlarged, altered, demolished, or moved in any zoning district, except in accordance with the provisions of this Zoning Ordinance. Specific uses of land, buildings, and structures listed as prohibited in any zoning district are hereby declared to be detrimental to the public health, safety, and welfare. The enumeration of prohibited uses shall not by implication enlarge the scope of permitted uses; they are for purposes of clarity only. A proposed use type within a zoning district must be listed as a permitted use type or similar to the listed use type per the applicable zoning district or determined to be such through the determination of the City Manager or designee, in order to be authorized under the Zoning Ordinance.

   (C)   Authority: This title is adopted pursuant to the provisions of Chapter 4 of Title 7 of the Government Code of the state of California, commonly known as the conservation and planning law pursuant to GOV §

   (D)   Relationship To General Plan And Other Ordinances And Regulations:

      1.   General Plan: The General Plan is a comprehensive, long-range, general policy statement for the entire community. The General Plan designates appropriate locations and densities for residential, commercial, industrial, agricultural, public, and open space uses. In comparison, the Zoning Ordinance is a specific statement of permissible uses of land by zoning district designed to control the use, type, bulk, height, space and location of buildings and land. The Zoning Ordinance is the primary tool by which the City implements the policies of the General Plan. The Zoning Ordinance is intended to be applied based on land use designations established in the General Plan.

The Zoning Ordinance shall be consistent with the General Plan of the City of Selma. Where inconsistencies do exist, the General Plan shall control the use and development of such land until such time as the City Council revises the Zoning Ordinance to achieve consistency with the General Plan.#check if this abides with new senate bill

      2.   Permit Streamlining Act: All actions taken by the decision-making body pursuant to this title shall be consistent with the provisions of California Government Code Section 65920 et seq. (the Permit Streamlining Act) to the extent applicable.

      3.   Relation To Private Agreements: Where this title imposes greater restriction than imposed by an easement, covenant, or agreement, this title shall control.

      4.   Effect On Previously Approved Projects And Projects In Progress: The following projects shall have a vested right to proceed without complying with this title.

      5.   Previously Approved Development: The erection, construction, enlargement, demolition, moving, conversion of, and excavation and grading for any building or structure for which a valid permit or building permit was issued prior to the effective date of this title and which does not subsequently expire. A permit that does not contain an express limit on the time for exercising the permit shall be deemed valid only if a building permit is obtained within one year of the effective date of this title.

      6.   Vesting Tentative Maps: Any residential project for which a vesting tentative map application was determined complete prior to the effective date of this title.

      7.   Applications For Projects In Progress: Any application for a Planning entitlement, except a Development Agreement application, determined complete on or before adoption of this title.

   (E)   Severability, Partial Invalidation: If any section, subsection, or portion of this title is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this title. The City Council hereby declares that it would have adopted this title and any section, subsection, or portion thereof, irrespective of the fact that any one or more section, subsections or portions be declared invalid or unconstitutional. (Ord. 2024-6, 6-17-2024)

   (A)   Interpretation:

      1.   In interpreting and applying the provisions of this title, the same shall be construed to be the minimum requirement for the promotion of the public health, safety, comfort, convenience, and general welfare.

Where this title imposes more stringent restrictions on the use of land or buildings, or upon the height of buildings, or requires larger open spaces around or different location of buildings than may be imposed or required by any other law, rule or regulation or by any easement, covenant or agreement, then the provisions of this title shall control.

   (B)   Construction Language:

      1.   In interpreting the various provisions of this title, the following rules of construction shall apply:

         (a)   The particular controls the general.

         (b)   Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows:

   "And" indicates that all connected words or provisions shall apply.

   "And/or" indicates that the connected words or provisions may apply singularly or in any combination.

   "Or" indicates that the connected words or provisions may apply singularly or in any combination.

   "Either... or" indicates that the connected words or provisions shall apply singularly but not in combination.

         (c)   In case of conflict between the text and a diagram or graphic, the text controls. Diagrams, graphics, and maps are for illustrative purposes only.

         (d)   All references to Departments, Committees, Commissions, Boards, or other Public Agencies are to those of the City, unless otherwise indicated.

         (e)   All references to public officials are to those of the City, and include designated deputies of such officials, unless otherwise indicated.

         (f)   All references to days are to calendar days, unless otherwise indicated. If a deadline falls on a weekend or holiday, or a day when the City offices are closed, it shall be extended to the next working day. The end of a time period shall be the close of business on the last day of the period.

         (g)   Sections and section headings contained herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of any section.

         (h)   When used in this Zoning Code, 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, and therefore are interchangeable. The singular number includes the plural number, and the plural the singular, and therefore are interchangeable, unless the common meaning of the word indicates otherwise. The words "includes" and "including" shall mean "including, but not limited to."

         (i)   Whenever, in the opinion of the Director, or at the discretion of the Planning Commission, there is any question regarding the interpretation of the General Plan, Specific Plan, or the provisions of the Zoning Ordinance or its application to any specific case or situation, that warrants formal interpretation, the Director shall interpret the relevant provision of the General Plan, Specific Plan, or Zoning Ordinance by written decision which interpretation shall be placed on the Planning Commission agenda as a discussion item.

         (j)   Effect: The interpretation shall become the standard interpretation for future applications effective fourteen (14) consecutive calendar days from the date of the Planning Commission meeting when the interpretation appears on the agenda unless the Planning Commission decides at that meeting to review the interpretation. Such review can occur either at the same meeting that the interpretation first appears on the agenda or at a subsequent meeting. The interpretation, as it may be altered or revised by the Planning Commission, shall become effective fourteen consecutive calendar days from the date of the Planning Commission meeting when the review occurs unless during that fourteen (14) day time period a member of the City Council submits a written request to the Director that the interpretation be placed on the City Council agenda for its review. If such a Council member request is made and review undertaken, the interpretation, as it may be altered or revised by the City Council, shall become effective fourteen (14) consecutive calendar days from the date of the City Council's review.

         (k)   Publication:; The interpretation shall be published on the Planning Division website after the interpretation becomes effective. (Ord. 2024-6, 6-17-2024)

   (A)   Establishment Of Zoning Districts: The classes of zoning districts and combining districts as designated in this chapter and the regulations pertaining thereto are hereby applied to the land areas of the city as delineated on the zoning map of the City of Selma and the lands so designated shall be subject to the regulations of this chapter. Changes in classification of zones and boundaries of zones may be made by:

      1.   Adoption of an amended zoning map, or part or subpart thereof, showing the change thereon, in the manner provided for amendment of this title.

      2.   Other amendment of this title which describes the change, without adoption of an amended map.

   (B)   Boundaries: The boundaries of the zoning districts are shown on the official Zoning Map. The Zoning Map, together with all legends, symbols, notations, references, zoning district boundaries, and other information on the map adopted by the Council, are hereby incorporated into this Code by reference.

      1.   Before property is annexed to the city it shall be pre-zoned to a district that is consistent with the General Plan. If a General Plan land use designation has not been placed upon the property, a general plan amendment will be required to establish a land use designation for the property before the property can be pre-zoned and annexed to the city. (Ord. 2024-6, 6-17-2024)

A copy of the zoning boundaries map, as amended from time to time, shall be filed in the office of the Community Development Department of the City of Selma. A copy shall also be filed with the City Clerk of the City of Selma.

For purposes of convenience in administration, the Zoning Map may be divided into parts and subparts, which may be separately shown or employed for purposes of amending the zoning map or any official reference thereto. (Ord. 533, 6-5-1961; amd. Ord. 2004-5, 4-19-2004; Ord. 2024-6, 6-17-2024)

If there is uncertainty as to any boundary of any zone, the following rules shall apply:

   (A)   Where such boundary is shown as approximately following the line of any street, alley, or other public way, or any lot line, such line shall be deemed to be such boundary.

   (B)   Where such boundary does not follow any existing line, as mentioned in subsection 11-1-5(A) of this section, the location shall be as shown by the dimensions indicated on the zoning map, if any, or by use of the scale appearing thereon.

   (C)   If any part of any public street, alley or way is officially vacated or abandoned, the Zoning District regulations applicable to abutting properties shall apply to the former centerline of the vacated or abandoned street or alley.

   (D)   If any land is not shown on the zoning map as within a zone, or if any land is annexed to or consolidated with the city subsequent to the effective date of this title, it shall remain un-zoned and unable to be developed in the City until appropriate review is conducted.

   (E)   Where any private right-of-way or easement of any railroad, railway, transportation, or public utility company is vacated or abandoned, the district regulations applicable to abutting properties shall apply to the former centerline of the vacated or abandoned right-of-way easement.

   (F)   The air rights above or the ground rights below any freeway, parkway, highway, street, alley, or easement shall be in the same district as is applicable to the property abutting the freeway, parkway, highway, street, alley, or easement. In cases where a freeway, parkway, highway, street, alley, or easement forms the boundary between districts, the centerline of the right-of-way shall be the boundary.

   (G)   In case of any remaining uncertainty, the Director shall determine the location of the district boundary. The Director's decision may be appealed to the Planning Commission in accordance with the procedures set forth in Section 11-7-8 Appeals. Notwithstanding the foregoing, if the district boundary uncertainty arises in the context of a discretionary permit application, then the location of the boundary shall be determined by the decision-making body for that discretionary permit application. (Ord. 2024-6, 6-17-2024)

Notwithstanding anything set forth or provided for in this Code, if other provisions of the Municipal Code, or other applicable laws, rules, or regulations, conflict with the provisions set forth in this Code, then the other such laws, rules, or regulations shall be applicable. (Ord. 2024-6, 6-17-2024)