Modoc County Municipal Code Ch. 18.150 Interpretive Actions

The provisions in this chapter shall apply throughout this title.

(Ord. 236-73 Exh. A(part), 1991)

Whenever requested by any person, the planning director or planning commission may consider written requests for interpretations of this title. The director may alternatively refer a request to commission. The written interpretation shall be delivered or mailed to the person making the request. The determination of the director may be appealed to the commission as provided in Chapter 18.144. The commission shall notify the appellant of the hearing as provided in Section 18.140.060, and shall render its decision in writing to the planning director and appellant. The procedures in this section are determined to be administrative and no public hearing or notice is required.

(Ord. 236-73 Exh. A(part), 1991)

Where any of the regulations specified in this title are inconsistent with the general plan or an applicable specific plan, the general plan or specific plan shall prevail. All interpretations of this title shall conform to the general plan and any applicable specific plan to the greatest extent possible.

(Ord. 236-73 Exh. A(part), 1991)

A. Unless otherwise shown or specified, zone district boundaries are lot lines, the centerlines of streets, alleys, or railroad rights-of-way, or such lines extended. Where a public street or alley is officially vacated or abandoned, the regulations applicable to the property to which it reverts shall apply to such vacated or abandoned street or alley.

B. When a principal zone boundary divides a lot or parcel into two zones, unless otherwise specifically designated, the entire lot or parcel shall be placed into the zone that accounts for the greater area of the lot, provided the boundary adjustment is for a distance of less than twenty feet.

C. In all other cases or when uncertainty exists the planning commission shall, upon written request or upon its own motion, determine the location of zone boundaries.

(Ord. 236-73 Exh. A(part), 1991)

The various chapters, sections, and parts thereof, set out in this title are interrelated. The construction of uses permitted, uses permitted with an administrative permit, and uses permitted with a use permit in the principal zones and overlay zones is as follows:

A. Within each zone district, uses permitted with an administrative or use permit shall not be allowed as permitted uses, whether excluded from a listing of permitted uses by direct reference or by inference. Uses which might otherwise be allowed accessory to a permitted use shall not be allowed accessory to a permitted use when listed as a use permitted with an administrative or use permit. Uses which would otherwise be included within a general class of uses listed as permitted uses shall not be allowed as permitted uses when listed as a uses permitted with an administrative or use permit.

B. In any chapter, section, or part thereof, which sets out a purpose, the construction and permissibility of all uses, actions and conditions shall fully consider the overlying purpose of the zone or regulation.

C. Within each zone district, any use which is listed as a use permitted with an administrative or use permit shall not be allowed as a use similar to a permitted use under Section 18.100.060. Within each zone district, any use which is part of a general class of uses listed as a use permitted with an administrative or use permit shall not be allowed as a use similar to a permitted use under Section 18.100.060, except when similar uses in the class are specifically listed as permitted uses.

D. When not otherwise specified, the general use and development standards and meanings set out in the definitions shall prevail when interpreting zone district regulations. For example, the definition of "public use" excludes airports. It is presumed that certain accessory uses, not otherwise regulated, have an integral relationship to the conduct of uses permitted, and uses permitted with an administrative or use permit, as characterized under the definition of accessory uses. However, when a use which would otherwise be an accessory use is specifically listed as a use permitted with an administrative or use permit, then the applicable regulations apply.

E. Overlay zone regulations modify and supersede the principal zone district regulations applicable to a particular lot, to the extent specified by the overlay zone.

F. When a use permit has been approved for a particular lot, the planning commission may restrict future permitted and administrative uses to those specified in the use permit.

(Ord. 236-73 Exh. A(part), 1991)

More than one permitted use may be established on one lot in any zone district, provided there is no conflict with the applicable zone requirements and all other provisions of this title and law are met. When a use permit is approved for a particular lot, the planning commission may restrict future permitted and administrative uses to those specified in the use permit.

(Ord. 236-73 Exh. A(part), 1991)