§ 106.10.040. Applicability of the Zoning Code

This Zoning Code applies to all land uses, subdivisions, and development within the City of Citrus Heights, as follows:

A.

New land uses or structures, changes to land uses or structures. It shall be unlawful, and a violation of this Zoning Code, for any person to establish, construct, reconstruct, alter, or replace any use of land or structure, except in compliance with the requirements of Section 106.22.020 (General Requirements for Development and New Land Uses), and Chapter 106.70 (Nonconforming Uses, Structures, and Parcels).

B.

City permits and licenses. No Building Permit, Grading Permit, or Business License shall be issued by the City unless the proposed construction or activity complies with all applicable provisions of this Zoning Code.

C.

Subdivisions. Each subdivision of land approved within the City shall comply with the minimum lot size requirements of Article 2 (Zoning Districts and Allowable Land Uses), the City's subdivision ordinances, and all applicable requirements of this Zoning Code.

D.

Continuation of an existing land use. An existing land use is lawful and not in violation of this Zoning Code only when operated and maintained in compliance with all applicable provisions of this Zoning Code, including Chapter 106.70 (Nonconforming Uses, Structures, and Parcels). However, the requirements of this Zoning Code are not retroactive in their effect on a land use that was lawfully established before the effective date of this Zoning Code or any applicable amendment, except as otherwise provided by Chapter 106.70.

E.

Effect of Zoning Code changes on projects in progress.

1.

A land use permit application that has been accepted by the Department as complete prior to the effective date of this Zoning Code or any amendment shall be processed in compliance with the requirements in effect when the application was accepted as complete.

2.

A project that has been approved by the City but is not yet under construction on the effective date of this Zoning Code or any amendment need not be changed to satisfy any new or different requirements of this Zoning Code, provided that the approved use of the site shall be established, including the completion of all structures and other features of the project as shown on the approved permit, before the expiration of the permit, or applicable time extension.

3.

A project that is under construction on the effective date of this Zoning Code or any amendment need not be changed to satisfy any new or different requirements of this Zoning Code, provided that the approved use of the site shall be established, including the completion of all structures and other features of the project as shown on the approved permit, before the expiration of the permit, or applicable time extension.

F.

Government projects. The provisions of this Zoning Code shall apply to each City, Redevelopment Agency, County, special district, and State or Federal government or agency project to the maximum extent allowed by law, and as follows:

1.

Specific types of public or governmental uses that are listed in Article 2 (Zoning Districts and Allowable Land Uses) shall be allowed only where indicated by Article 2, shall comply with the planning permit requirements and development standards of this Zoning Code applicable to the specific land use.

2.

Where a specific public or governmental use is not listed in Article 2 (Zoning Districts and Allowable Land Uses), the use shall be permitted only in zones permitting private uses of a substantially similar nature, as determined by the Director.

G.

Minimum requirements. The provisions of this Zoning Code shall be minimum requirements for the promotion of the public health, safety, and general welfare. When this Zoning Code provides for discretion on the part of a City official or body, that discretion may be exercised to impose more stringent requirements than set forth in this Zoning Code, as may be determined by the applicable review authority to be necessary to promote orderly land use and development; environmental resource protection; and the other purposes of this Zoning Code.

H.

Conflicting requirements.

1.

Zoning Code and Municipal Code provisions. If conflicts occur between requirements of this Zoning Code, or between this Zoning Code and the City of Citrus Heights Municipal Code, or other regulations of the City, the most restrictive requirements shall apply.

2.

Development agreements or specific plans. If conflicts occur between the requirements of this Zoning Code and standards adopted as part of any development agreement or applicable specific plan, the requirements of the development agreement or specific plan shall apply.

3.

Private agreements. This Zoning Code applies to all land uses and development regardless of whether it imposes a greater or lesser restriction on the development or use of structures or land than a private agreement or restriction (for example, CC&Rs), without affecting the applicability of the agreement or restriction. The City shall not enforce a private covenant or agreement unless it is a party to the covenant or agreement, or a portion thereof.

I.

Other requirements may apply. Nothing in this Zoning Code eliminates the need for obtaining any other permits required by the City, or any permit, approval or entitlement required by any other applicable special district or agency, and/or the regulations of any State, or Federal agency. No use that is illegal under local, State, or Federal law shall be allowed in any zone within the City.