Chapter 17.04 — ZONING CODE

There is hereby adopted a Zoning Code for the City of Sebastopol, State of California, said Zoning Code being a districting plan as provided by law. This Zoning Code consists of the Zoning Map and certain designated zoning districts and regulations for each, as well as general requirements, which control the uses of land, population density, uses and locations of structures, height and bulk of structures, the areas and dimensions of building sites, requirements for off-street parking, and attendant regulations within such zoning districts.

The enactment of this code shall not terminate or otherwise affect variances, use permits, or other approvals authorized under the provisions of any ordinance repealed, suspended, or revised by the adoption of this code, nor shall any prior violation of any such prior ordinance be excused by the adoption of this code.

The City Council shall set, by resolution, and may amend and revise from time to time, in accordance with State law, fees for processing the various applications authorized or required by this code. All required fees shall be considered nonrefundable, and shall be paid at the time an application is filed. No processing of any application shall commence until the fee(s) is paid in full.

This title may be cited as the “City of Sebastopol Zoning Code” The City’s official Zoning Map, entitled “The Zoning Map of the City of Sebastopol,” which is on file in the Planning Department, is hereby incorporated by reference as part of this code. The boundaries of the zoning districts as set forth on the Zoning Map are hereby confirmed adopted and established, and may be changed in accordance with the provisions of this code.

The Zoning Code is adopted to promote and protect the public health, safety, peace, comfort, convenience, and general welfare and, for the specified purposes more particularly described as follows:

A. To implement the General Plan of the City of Sebastopol including the growth management policies.

B. To provide a definite and comprehensive zoning plan for development of the City and to guide, control, and regulate the future growth of the City in accordance with such plan and the City’s General Plan.

C. To protect the character and the social and economic stability of the land uses within the City, and to assure the orderly and beneficial development thereof.

D. To minimize disagreements between private individuals or groups or other disagreements which might result from incompatible or inappropriate adjacent land uses.

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E. To maintain and enhance desirable characteristics of neighborhoods, to provide for open space for light and air, to prevent undue concentration of population, to promote orderly community development, and to otherwise promote the implementation of the Sebastopol General Plan.

F. To promote efficient use of land, thereby minimizing unnecessary cost of development.

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

A. The Zoning Code shall apply, to the extent permissible under other laws, to all property within the City of Sebastopol except dedicated streets, alleys, paths or other dedicated rights-of-way, whether such property is in private or public ownership, except that projects of the City of Sebastopol approved by the City Council shall not be subject to this code.

B. Except as specifically herein provided, it is not intended by the adoption of this code to repeal, abrogate, annul, or in any way to impair or interfere with any existing provision of law or ordinance, or any rules, regulations, or permits previously adopted or issued, or which shall be adopted or issued pursuant to law relating to the erection, construction, establishment, moving, alteration, or enlargement of any building or improvement.

C. Except as specifically herein provided, it is not intended by the adoption of this code to interfere with or abrogate or annul any easement, covenant, or other agreement between parties; provided, however, that in cases in which this title imposes a greater restriction than is imposed or required by such existing provisions of law or ordinance or by such rules, regulations, or permits or by such easements, covenants, or agreements, the provisions of this code shall control.

Except as otherwise allowed by the Zoning Code, no uses shall be established, substituted, expanded, constructed, altered, moved, or otherwise changed, and no lot lines shall be created or changed, except in conformity with the Zoning Code.

All references to “State” refer to the State of California. References to codes, including, but not limited to, the Business and Professions Code, Civil Code, Education Code, Government Code, Health and Safety Code, Public Resources Code, Street and Highways Code, and Vehicle Code that are not within the SMC refer to those codes adopted by the State of California unless otherwise specified.

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