§ 17.1.3. Scope of zoning regulations.

A.

Property Affected. Zoning regulations apply to all land within the City, except where specifically limited by district or otherwise.

B.

Streets, Utilities and Rights-of-Way. A public or private street or alley, utility, and other right-of-way is considered to be in the same zoning district as the property to which it is contiguous. Where contiguous properties are classified in different zoning districts, the centerline of the street or right-of-way is the district boundary, unless otherwise depicted on the zoning map.

C.

Compliance With Regulations. No land may be used, and no structure may be constructed, occupied, enlarged, altered, demolished or moved in any zoning district except as provided in this title.

D.

Public Nuisance. Neither this title nor the approval of a permit authorized by this title authorizes the maintenance of a public nuisance.

E.

Compliance With Public Notice Requirements. Compliance with public notice requirements prescribed by this title is sufficient notice to allow the City to proceed with a public hearing and take action on an application, regardless of actual receipt of mailed or delivered notice, to the extent provided by law.

F.

Requests For Notice. Where this title or applicable state law requires that notice be given by first class mail to "any person who has filed a written request for such notice," that request must be filed with the Planning Director and is subject to the applicable fee.

G.

Conflict With Other Regulations. Where a conflict occurs between this title and another City resolution, guideline or regulation, this title controls, unless otherwise specified in this title.

H.

Relation to Private Agreements. This title does not affect or annul an easement, covenant or agreement. However, if this title imposes a greater restriction than imposed by an easement, covenant or agreement, this title controls.

I.

Relation to Prior Ordinance. This title supersedes prior zoning regulations of the City. However, this title does not validate or legalize a land use or structure established, constructed, or maintained in violation of prior zoning regulations.

J.

Zoning of Annexed Land. The Planning Director may conduct a study to determine the most appropriate general plan designation for land proposed for annexation to the City, and may recommend prezoning consistent with the general plan designation. If prezoning is approved by the Planning Commission and the City Council, the zoning becomes effective upon annexation. Land annexed without prior prezoning shall be zoned RVL-E, with a ten-acre minimum lot size.

K.

Application During Local Emergency. The City Council may authorize a deviation from a provision of this title during a local emergency declared and ratified under the Municipal Code. The City Council may authorize a deviation by resolution without notice or public hearing.

L.

Severability. If a section, subsection, sentence, or phrase of this title is for any reason held to be invalid, the remaining portions of this title are not affected. It is expressly declared that this title and each section, subsection, sentence, and phrase would have been adopted regardless of the fact that a portion of this title would be declared invalid.

(Ord. 02-03 § 33 (part); Ord. 99-5 § 2 Exh. A (part))