17.07.330.1 Interpretations.

A.

Generally. Interpretations of land uses shall be in accordance with the definitions set out in Section 17.06.300, Definitions, and the standards for interpretation set out in Subsection 17.01.030.8, Unlisted uses. Other interpretations of this Zoning Code shall follow the analytical steps set out in this section. No interpretation may conflict with the purpose statements found in individual sections and in Subsection 17.07.330.2, Purpose.

B.

Quantifiable or numeric standards. If the section to be interpreted has a quantifiable standard, no interpretation can result in a reduction of the standard. If the number is a maximum, then a higher numeric value cannot be made. If it is a minimum, then higher numbers may be used.

C.

Qualitative standards. Non-numeric standards shall be construed in favor of the element being protected unless there is sufficient evidence to indicate that the alternative language will protect the public as well as provide the landowner other options.

D.

Illustrations. Illustrations are generally provided for explanatory purposes, and do not necessarily set out all options or alternatives for each standard in this Zoning Code. Where an illustration appears to set out different substantive requirements than the text of this Zoning Code, the text shall control.

17.07.330.2 Purpose.

A.

General purposes. The general purposes of this Zoning Code are to promote the public health, safety, comfort, morals, convenience, and general welfare by:

1.

Protecting the quality of life of city residents;

2.

Ensuring that highway systems are carefully planned to:

a.

Lessen or avoid congestion in public ways;

b.

Enhance opportunities for multimodal and nonvehicular travel; and

c.

Reduce unnecessary vehicle miles traveled.

3.

Ensuring that the community grows with adequate public ways and utilities, and health, educational and recreational facilities by:

a.

Promoting the orderly growth, development, improvement, and redevelopment of the community; and

b.

Protecting natural resources and the environment, including potable water supplies.

4.

Ensuring that the needs of business and industry are recognized by:

a.

Providing for sufficient commercial and industrial property to allow for economic development within the city;

b.

Providing for a fair, orderly and efficient development review process; and

c.

Protecting the value of property and buildings.

5.

Ensuring that residential areas provide healthful surroundings for family life;

6.

Protecting the fiscal and functional integrity of the city by:

a.

Ensuring that the growth of the city is commensurate with and that will promote the efficient and economical use of public funds; and

b.

Encouraging development in areas where transportation, water, sewers, schools, parks, and other public requirements exist; and limit development where such facilities do not exist.

7.

Preserving, enhancing, and protecting the unique and special character of the city, by:

a.

Implementing the city's general plan;

b.

Securing adequate light, air, convenience of access, and safety from fire, flood, and other danger;

c.

Fostering a balanced community;

d.

Promoting the preservation, enhancement, development, and redevelopment of a variety of housing types at a variety of price points, in order to provide decent housing opportunities to a broad market;

e.

Preventing the overcrowding of land and the undue concentration of population;

f.

Promoting nodes of activity with compact urban forms;

g.

Minimizing and mitigating conflicts among adjacent land uses; and

h.

Preserving and protecting places and areas of historical, cultural, scenic, or architectural importance and significance.

B.

Specific purposes. Specific purposes of this Zoning Code are also set out in individual chapters, sections and subsections.

17.07.330.3 Enforcement.

A.

Generally. No land in the City of Williams shall be used, nor any building or structure erected, constructed, enlarged, altered, maintained, moved or used in violation of this Zoning Code as amended from time to time. Any such violation of this Zoning Code shall be considered unlawful and may be found to be a public nuisance.

B.

Remedies. The city may pursue any appropriate remedy to redress a violation of this Zoning Code. If the city prevails in a court proceeding to enforce this Zoning Code, it may seek reimbursement of its litigation expenses, costs, and fees from the violator.

1.

Penalties.

a.

Any person, firm or corporation whether as principal, agent, employee or otherwise, violating any of the provisions of this title is guilty of an infraction and punishable as such by citation for each offense, and every day during any portion of which any violation of this title is committed, continued or permitted by such person, firm or corporation.

b.

Penalty for infraction shall be as follows:

i.

A fine not exceeding fifty dollars for a first violation;

ii.

A fine not exceeding one hundred dollars for a second violation of the same ordinance within one year; and

iii.

A fine not exceeding two hundred fifty dollars for each additional violation of the same ordinance within one year.

2.

Extraordinary remedies. In addition to the penalties available, the city may pursue declaratory or injunctive relief in a court of competent jurisdiction to prevent or abate a violation.

3.

Restitution and restoration.

a.

Restitution may be sought if violations are not corrected within the time period stated in the notice of violation, or if the violation results in irreparable harm to the city.

b.

Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the city may take necessary corrective action, the cost of which shall become a lien upon the property until paid.

4.

Holds on further permits. No further permits (including certificates of occupancy) will be issued for development on property that is the subject of an enforcement proceeding, except as necessary to correct the violation, until the case is resolved, including payment of any assessed fines, restoration of land, or restitution to the city for funds expended to abate the violation.

5.

Permit suspension and rescission.

a.

Suspension.

i.

If the director finds that a use or condition presents an immediate threat to the public health or safety, he or she may suspend a permit for a period of up to thirty days, if the suspension of the use will abate the threat.

ii.

Upon suspension of a permit, the case shall be referred to the city council for a hearing on permanent revocation of the permit. The hearing shall be held within thirty days of the referral, and the city council may establish a time frame for compliance and conditions which must be satisfied for restoration of the permit. The hearing shall be cancelled if the director or designee finds that the violation is cured before the hearing.

iii.

The director shall enforce the decision of the city council by lifting the suspension if the violation is cured according to the council's order, or revoking the permit if it is not.

b.

Revocation. The city may permanently revoke a permit if:

i.

The operator of a use does not remedy a threat to the public health or safety that was the basis for a permit suspension.

ii.

The applicant made a material misrepresentation on the application for development approval or on the record of the decision on the application.

iii.

The applicant violates conditions of approval and does not cure the violations within the time periods established by the city pursuant to this chapter.

iv.

In addition to any other fines, penalties or enforcement provisions set forth in this chapter, failure to comply in any respect with an approved design review application shall constitute grounds for immediate stoppage of the work involved in the noncompliance until the matter is resolved.

6.

Revocation of surety. In the event that other enforcement remedies listed herein do not cause the correction of the violation(s), the city council, acting on the recommendation of the director, may initiate a claim upon any bond or surety posted with the application. The city may seek recovery of any costs associated with the correction of the violation(s), along with any fines levied and not paid.

(Ord. No. 244-21, § 1, 7-21-2021)

17.07.340.1 Title and reference.

A.

Title. This Code shall be known as the "City of Williams, California Zoning Code."

B.

Reference. This Code is referred to herein as "Zoning Code."

17.07.340.2 Severability. If any division, section, paragraph, clause, provision, or portion of this Zoning Code is held unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Zoning Code shall not be affected. If any application of this Zoning Code to a particular structure, land, or water is adjudged unconstitutional or invalid by a court of competent jurisdiction "as-applied," such judgment shall not be applicable to any other structure, land, or water not specifically included in said judgment.

17.07.340.4 Conflicting provisions.

A.

Generally. In the event that the provisions of this Zoning Code conflict with each other or with other titles of the City of Williams Code of Ordinances:

1.

The more restrictive provision shall control, if the provisions were adopted at the same time; or

2.

The more recent provision shall control if the provisions were adopted at different times.

B.

State and federal law. No part of this Zoning Code relieves any applicant from compliance with applicable provisions of state or federal law. If a use, structure, operational characteristic, construction technique, environmental impact, or other matter is prohibited by state or federal law, it is also prohibited in the city. Likewise, if a matter is regulated by state or federal law, then compliance with state or federal law does not relieve the applicant from compliance with this Zoning Code, unless the application of this Zoning Code is legally preempted.

(Ord. No. 244-21, § 1, 7-21-2021)