§ 1500-01-030. Applicability

This Zoning Code applies to all property, uses, structures and regulated activities within unincorporated areas under Sutter County's jurisdiction. Any governmental agency may be exempt from the provisions of this Zoning Code only to the extent such agency, property or activity may not be lawfully regulated by the County.

A.

Compliance with Zoning Code. No land shall be used and no structure constructed, altered, reconstructed, occupied, demolished or moved other than as allowed by this Zoning Code.

B.

Minimum Requirements. Unless otherwise stated, the provisions of this Zoning Code shall be the minimum requirements for the promotion and protection of the public health, safety, peace, comfort, convenience, prosperity and general welfare.

C.

Discretionary Approval. Where the Zoning Code provides for discretion on the part of the County review authority, the discretion may be exercised to impose additional or more flexible requirements than required by this Zoning Code in order to promote orderly land use and development, environmental resource protection, or other purposes of this Zoning Code.

D.

Relationship to Other Regulations.

1.

General Plan. If a conflict occurs between the requirements of this Zoning Code and the Sutter County General Plan, the requirements of the General Plan shall prevail.

2.

Other County Regulations. In the event of an inconsistency between this Zoning Code and any other duly adopted County regulation, the more restrictive of such provisions shall prevail.

3.

Development Agreements and Specific Plans. If a conflict occurs between the requirements of this Zoning Code and standards adopted as part of a development agreement or specific plan, the requirements of the development agreement or specific plan shall prevail.

4.

Private Agreements. This Zoning Code shall not interfere with, abrogate, annul, or repeal any easement, covenant (e.g., CC&Rs), deed restriction or other agreements in effect between private parties. However, where this Zoning Code imposes greater restrictions than are imposed or required by a private covenant or agreement, the provisions of this Zoning Code shall prevail. Sutter County shall not be responsible for enforcing or monitoring any private covenant or agreement, unless it is party to the covenant or agreement.

E.

Other Permits and Requirements. Nothing in this Zoning Code eliminates the need to obtain any other permit, license, approval or entitlement required by the County; regulations of a special district or agency; or regulation of a state or federal agency.

F.

Prior Rights and Violations. The enactment of this Zoning Code shall not terminate or otherwise effect vested land use development permits, approvals or agreements authorized under the provisions of any ordinance, nor shall violation of a prior ordinance be excused by the adoption of this Zoning Code

G.

Pending and Approved Applications.

1.

Pending Applications. Applications submitted to the County that have been deemed complete pursuant to Government Code Section 65943 before the effective date of this Zoning Code, or any amendment hereto, shall comply with the provision of the Zoning Code in effect on the date that the application was deemed complete.

2.

Approved Applications. Applications approved prior to the effective date of this Zoning Code, or any amendment hereto, may be constructed or used in accordance with the adopted plans and conditions of approval.

3.

Time Extensions. An approval of an extension of time for an application approved prior to the effective date of this Zoning Code, or any amendment hereto, may be conditioned to comply with the provisions of the Zoning Code in effect on the date when the application for time extension was deemed complete pursuant to Government Code Section 65943.

H.

Severability. If any portion of this Zoning Code is for any reason held by a court of competent jurisdiction to be invalid, unconstitutional, or unenforceable, such decision shall not affect the validity of the remaining portions of this Zoning Code. The Sutter County Board of Supervisors hereby declares that this Zoning Code and each article, chapter, section, paragraph, subparagraph, sentence, clause, phrase and portion thereof, is adopted irrespective of the fact that one or more portions of this Zoning Code may be declared invalid, unconstitutional, or unenforceable.

(Ord. No. 1635, § 1, 6-27-2017)