Sec. 38-5. General Rules for Applicability of Zoning Regulations.
A. Applicability to Property.Zoning regulations shall apply to all land within the City of Monterey, including land owned by the City of Monterey and, where applicable, other local, state, or federal agencies. Application of regulations to specific lots shall be governed by the zoning map.
B. Applicability to Streets and Rights of Way.Public streets, utility, and other rights of way shall be in the same zoning district as contiguous property. Where contiguous properties are classified in different zoning districts, the centerline of the street or right-of-way shall be the district boundary, unless otherwise depicted on the zoning map.
C. Compliance with Regulations.No land shall be used, and no structure shall be constructed, occupied, enlarged, altered, or moved in any zoning district except in accord with the provisions of this chapter.
D. Compliance with Public Notice Requirements.Compliance with public notice requirements prescribed by this chapter shall be deemed 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. Time limits are directory, not mandatory.
E. Requests for Notice.Where this chapter requires that notice be given by first class mail to “any person who has filed a written request for such notice,” the request shall be filed with the Community Development Director as defined in Section 38-11 and shall be subject to the applicable fees set to cover mailing costs. A request for mailing of a single notice of a single decision shall not require payment of a fee. Time limits are directory, not mandatory. (Ord. 3653 § 19, 2022)
F. Conflict with Other Regulations.Where conflict occurs between the provisions of this chapter and any other city code, chapter, resolution, guideline, or regulation, the more restrictive provision shall control unless otherwise specified in this chapter.
G. Relation to Private Agreements.This chapter shall not interfere with or annul any easement, covenant, or other agreement now in effect; provided, that where this chapter imposes greater restriction than imposed by an easement, covenant, or agreement, this chapter shall control.
H. Relation to Prior Ordinance.The provisions of this chapter supersede all prior zoning ordinances, as amended, of the City of Monterey. However, no provision of this chapter shall validate or legalize any land use or structure established, constructed, or maintained in violation of the prior zoning ordinance, as amended, unless specifically authorized by this chapter.
I. Relation to General Plan.Zoning applications filed under the provisions of this chapter shall be consistent with the City of Monterey General Plan, including applicable area or neighborhood plans.
J. Application During Local Emergency.The City Council may authorize deviations from any provision of this chapter during a local emergency. Such deviations shall be authorized by resolution of the City Council, without notice or public hearing.
K. Severability.If any section, subsection, sentence, or phrase of this chapter is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, the remaining portions of this chapter shall not be affected. It is expressly declared that this chapter and each section, subsection, sentence, and phrase would have been adopted regardless of the fact that one or more other portions of this chapter would be declared invalid or unconstitutional. (Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)