Chapter 17.01 — GENERAL PROVISIONS

Pursuant to the authority of Section 65800 et seq. of the California Government Code, there is adopted a zoning ordinance for the city of Lakeport, California.

(Ord. 796 Att. A(part), 1999)

This title shall be known and cited as the "City of Lakeport Zoning Ordinance." (Ord. 796 Att. A(part), 1999)

• A. This title serves to implement the Lakeport general plan. The ordinance codified in this title is adopted to promote and protect the public health, safety, peace, morals, comfort, convenience, and general welfare.

• B. This title establishes various zoning districts in the city; establishes setbacks, height limits, parking standards, and open spaces within said districts; specifies the uses of land and of buildings permitted in said districts; prescribes regulations for the erection, construction, alteration, and maintenance of buildings, structures, uses, signs, and other improvements in said districts, including the requirement that permits be secured for certain buildings, structures, uses, and improvements, and for the use of land; defines the terms used herein; specifies the procedure for any amendment hereof; and prescribes penalties for the violation of any of the provisions hereof.

• (Ord. 796 Att. A(part), 1999)

• A. Applicability.

  1. The provisions of this title shall apply to all development proposed and undertaken in the incorporated city limits of Lakeport including, where applicable, development undertaken by the state, county, or other units of local government.

  2. No building or structure shall be erected, reconstructed, or structurally altered in any manner, nor shall any building or land be used for any purpose, other than as permitted by and in conformance with the provisions of this title and all other laws or maps referred to herein.

• B. Exemptions.

  1. Development by the federal government or an agency of the federal government acting in its governmental capacity.

  2. Development by the state of California or an agency of the state acting in its governmental capacity.

3. Development by local agencies exempt pursuant to the California Government Code .

(Ord. 796 Att. A(part), 1999)

If any provision of this title conflicts with any provision of any regulation contained in any previously adopted ordinance of the city, the provisions of this chapter shall be controlling. (Ord. 796 Att. A(part), 1999)

The Lakeport city council shall establish by resolution a schedule of fees for processing the various applications and permits required by this title. All required fees shall be paid at the time of filing the application with the community development department and no processing shall commence until the necessary fees are paid. (Ord. 796 Att. A(part), 1999)

If any ambiguity arises concerning the intent of the provisions set forth in this title, the planning commission, at a public meeting, shall consider all pertinent facts, discuss the matter, and by resolution set forth its findings and interpretation on said ambiguity. The planning commission's resolution of interpretation shall be forwarded to the city council and, upon concurrence by the council, shall be considered city policy. The city council, in the event that there is disagreement with respect to the interpretation, shall consider all pertinent facts and by resolution of the council set forth its findings and interpretation. Thereafter, said city council interpretation shall be considered city policy. Resolutions of interpretation shall be incorporated into future updates of the zoning ordinance.

In the interpretation of this title and in its application, the provisions shall be held to be minimum requirements, except where they are expressly stated to be maximum requirements. It is not intended to impair, or interfere with any private restrictions placed upon property by covenant or deed. However, where this title imposes a greater restriction upon the use of buildings, structures, or premises, or upon the heights of buildings or yard areas, or coverage or other open spaces that are imposed or required by such private restrictions, the provisions of this title shall control.

(Ord. 796 Att. A(part), 1999)

• A. It shall be the duty of the community development director to enforce the provisions of this title pertaining to the use of land or buildings and the erection, construction, reconstruction, moving, alteration, or addition to any buildings or structures.

B. Any permit shall be subject to revocation if found to be illegal. (Ord. 796 Att. A(part), 1999)

Any person, company, or corporation that causes any use to be established, any structure to be altered, converted, moved, or commenced contrary to the provisions of this title shall be cited by the community development director, and he shall order all violations corrected immediately. (Ord. 796 Att. A(part), 1999)

Any person, whether as principal, agent, employee, or otherwise, violating or causing the violation of any of the provisions of this title shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars or by imprisonment in the county jail for six months or both such fine and imprisonment. Any violation of this title which is committed and continues from day to day, constitutes a separate offense for each and every day during which such violation is committed or continued. (Ord. 796 Att. A(part), 1999)