This title shall be known, cited and referred to as "the City of Union City Zoning Ordinance."

The purpose of this title is to bring into reality the proposals of the General Plan and to accomplish the following:

In interpreting and applying the provisions of this title, they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience, morals and general welfare.

The provisions of this title shall not be deemed or construed to repeal, amend, modify, alter or change any other ordinance or any part thereof not specifically repealed, amended, modified, altered or changed in this title, except in such particulars or matters as this title is more restrictive than such other ordinance or part thereof, and that in all particulars wherein this title is not more restrictive, each such other ordinance shall remain in full force and effect.

In their interpretation and application, the provisions of this zoning title shall be held to be the minimum requirements for the promotion of the public health, safety, morals and welfare.

Where the conditions imposed by any provisions of this title upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this title or of any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive (or which impose higher standards or requirements) shall govern.

This title is not intended to annul any permits issued prior to the effective date of the ordinance codified herein nor to abrogate any easement, covenant or any other private agreement provided that where the regulations of this title are more restrictive (or impose higher standards or requirements) than such easements, covenants or other private agreements, the requirements of this title shall govern.

Public utility distribution and transmission lines, both overhead and underground, shall be permitted in all districts without limitation as to height and without the necessity of first obtaining a use permit; provided, however, that the routes of proposed electric transmission lines shall be submitted to the Planning Commission for recommendation prior to acquisition of rights-of-way therefor.

The erection, construction, alteration or maintenance, of service facilities by an operator, shall be allowed in any district, subject to the following definitions, requirements, restrictions, limitations and standards in Sections 18.04.090 through 18.04.140.

Any proposal by an operator (not already having a franchise or other effective permission so to do) to place service facilities in, upon, under or over public streets shall be submitted to the City Manager prior to the granting of any encroachment permits pursuant to Chapter 12.08. The City Manager shall, within 30 calendar days of the receipt of any such proposal, report to the City Council the fact of such proposal and any pertinent information regarding the granting of a franchise, license, or permit for the proposed use of the streets or other privilege. If the City Council determines to require a franchise, license or special permit as a condition to the use of the streets or other privilege to be granted by the City, the provisions of Sections 6000 et seq. of the Public Utilities Code of the State of California or any other applicable provisions of law shall pertain to such franchise, license, or permit. If the City Council determines that a franchise, license, or special permit is not necessary to provide for the best interests of the City, or that a requirement for such a franchise, license or special permit is precluded by applicable law, the matter shall be referred back to the Public Works Department for the granting of encroachment permits pursuant to Chapter 12.08.

Any proposal by an operator to place service facilities in locations which are not within public streets, shall be allowed only if a conditional use permit has been obtained. The Planning Commission may grant a conditional use permit for use of land for such service facilities pursuant to provisions of this title, giving particular consideration to the effect of the location and manner of operation of the service facilities upon future developments of the City's public street system and privately owned lands within the undeveloped and growing areas in which such service facilities will be located.

Any proposal as aforesaid which includes the placing of service facilities in, upon, under or over both public streets and private lands shall comply with the provisions of Section 18.04.110 regarding submission to the Planning Commission, prior to submission pursuant to Section 18.04.090(A), regarding franchise, license or special permit considerations by the City Council.

Sections 18.04.040 through 18.04.140 shall not apply to feeder type service facilities providing a direct connection between the consumer of a public utility and major distribution lines or mains, nor to existing service facilities located within the City, nor to service facilities which are erected, constructed, altered or maintained in connection with any subdivision approved pursuant to the subdivision ordinance (Title 17).

No provision of Sections 18.04.040 through 18.04.130 shall be deemed to relieve any person from compliance with other applicable provisions of law such as (but not limited to) Sections 65552 and 65703 of the Government Code.

It is the intention of the City Council that the severable provisions of this zoning title are severable, in accordance with the following:

Except as may otherwise be provided in Chapter 18.16, any uses of land or buildings established hereafter, and any enlargements of or additions to existing uses occurring hereafter shall be subject to all regulations of this title which are applicable to the zoning districts in which such buildings, uses or land shall be located.

Prior to the annexation of any territory to the City, a plan for zoning the area to be annexed shall be forwarded to the City Council by the City Planning Commission.

Any deed of conveyance, sale or contract to sell made contrary to the provisions of this title, shall be voidable at the sole option of the grantee, buyer or person contracting to purchase, his/her heirs, personal representative or trustee in insolvency or bankruptcy, within one year after the date of execution of the deed of conveyance, sale or contract to sell, but the deed of conveyance, sale or contract to sell is binding upon any assignee or transferee of the grantee, buyer or person contracting to purchase other than those above enumerated and upon the grantor, vendor or person contracting to sell or his/her assignee, heir or devisee.