Pittsburg Municipal Code § 18.06.070 Development on lots divided by district boundaries

The purpose of this chapter is to provide precision in interpretation of the zoning regulations. The meaning and construction of words and phrases defined in this chapter apply throughout the zoning regulations, except where the context indicates a different meaning.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

The following rules of construction apply in addition to the general provisions of PMC Title 1.

A. The particular controls the general;

B. Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows:

"And"

indicates that all connected words and provisions apply,

"Or"

indicates that the connected words or provisions may apply singly or in any combination,

"Either...or"

indicates that the connected words or provisions apply singly but not in combination;

C. In case of conflict between the text and a diagram, the text controls;

D. References to departments, commissions, boards and other offices or instrumentalities are to those of the city unless otherwise indicated;

E. A reference to a public official of the city is to that person who performs the function referred to and includes a designated deputy of the official;

F. A reference to days is to calendar days unless otherwise specified by state law. If a deadline falls on a weekend or holiday, the time for performing an act is extended to the next working day.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

A. Applicability to Property. Zoning regulations apply to all land within the city including land owned by the city and other local, state and federal agencies to the extent provided by law. Application of regulations to specific lots is governed by the zoning map.

B. Applicability to Streets and Rights-of-Way. A public street, utility, and other right-of-way is considered to be in the same zoning district as the property to which it is contiguous. Nothing in this subsection is intended to make the zoning regulations applicable to a public utility easement or right-of-way under the control of the city; provided, however, that all wireless facilities in the public right-of-way shall be subject to Article XX (Wireless Telecommunications Facilities) of Chapter 18.84 PMC. Where contiguous property is classified in a different zoning district, the centerline of the street or right-of-way is the district boundary, unless otherwise depicted on the zoning map.

C. Compliance with Regulations. No land may be used, and no structure may be constructed, occupied, enlarged, altered, or moved in any zoning district except in accord with this title.

D. Public Nuisance. Neither this title nor the approval of a permit authorized by this title authorizes the maintenance of a public nuisance.

E. Compliance with Public Notice Requirements. Compliance with public notice requirements prescribed by this title is 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.

F. Requests for Notice. Where this title requires that notice be given by first class mail to "any person who has filed a written request for such notice," that request must be filed with the city planner and is subject to the applicable fee.

G. Conflict with Other Regulations. Where a conflict occurs between this title and another city ordinance, resolution, guideline, or regulation, the more restrictive provision controls unless otherwise specified in this title.

H. Relation to Private Agreements. This title does not affect or annul an easement, covenant, or agreement. However, if this title imposes a greater restriction than imposed by an easement, covenant, or agreement, this title controls.

I. Relation to Prior Ordinance. This title supersedes prior zoning regulations of the city. However, this title does not validate or legalize a land use or structure established, constructed, or maintained in violation of prior zoning regulations.

J. Zoning of Annexed Land. The zoning administrator may conduct a study to determine the most appropriate general plan designation for land proposed for annexation to the city, and may recommend prezoning consistent with the general plan designation. If prezoning is approved by the planning commission and the city council, the zoning becomes effective upon annexation. Land annexed without prior prezoning shall be zoned S as prescribed by Chapter 18.64 PMC.

K. Application During Local Emergency. The city council may authorize a deviation from a provision of this title during a local emergency declared and ratified under Chapter 2.44 PMC. The city council may authorize a deviation by resolution without notice or public hearing.

L. Severability. If a section, subsection, sentence, or phrase of this title is for any reason held to be invalid, the remaining portions of this title are not affected. It is expressly declared that this title and each section, subsection, sentence, and phrase would have been adopted regardless of the fact that a portion of this title would be declared invalid.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 16-1418 § 4 (Exh. A), 2016)

A. Zoning Regulations. Where uncertainty exists regarding the interpretation of a provision of this title or its application to a specific site, the zoning administrator shall determine the intent of the provision.

B. Zoning Map. Where uncertainty exists regarding the boundary of a zoning district, the following rules apply:

1. A district boundary shown as approximately following the property line of a lot is construed to follow that property line.

2. On unsubdivided land, or where a district boundary divides a lot, the location of the district boundary is determined by using the scale appearing on the zoning map, unless the boundary location is indicated by dimensions printed on the map.

3. A district boundary shown as approximately following the right-of-way line of a freeway, alley, railroad, or other identifiable boundary line is construed to follow the right-of-way or boundary line.

4. A district boundary shown as lying within, but not generally contiguous to, a right-of-way line of a freeway, street, alley, railroad, or other identifiable boundary line is construed to follow the centerline of the right-of-way or boundary line.

5. Where a conflict occurs between the zoning districts and district boundaries depicted on the zoning map and the land use designations and land use designation boundaries depicted on the land use diagram in the general plan, the general plan land use diagram governs.

6. If an uncertainty remains as to the location of a district boundary or other feature shown on the zoning map, the location shall be determined by the zoning administrator.

C. Appeal. An interpretation of the zoning regulations or zoning map by the zoning administrator may be appealed to the planning commission, as provided in PMC § 18.18.050.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

A. A use permit, variance, design review approval, or tentative parcel or subdivision map, which is valid on the effective date of the ordinance codified in this title remains valid until its expiration date.

B. This title does not require a change in plans, construction or designated use of a structure for which a building permit was issued before June 20, 2007, or a later amendment to it.

C. A reapplication for an expired permit must meet the standards in effect at the time of reapplication.

D. A permit issued before June 20, 2007, that is proposed to be modified after June 20, 2007, may only be approved in accordance with this title.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

An applicant may request that two or more applications for separate discretionary permits requested or required in conjunction with a project be consolidated. The findings and decisions for each permit must be considered individually. However, for the purpose of discretionary action, these multiple permits constitute one project.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. B), 2007)

A. Zoning Designation System. Land use, development regulations and performance standards applicable to a specific site are shown on the zoning map by a zoning designation consisting of classes of letter designators:

1. A land use regulation designator indicates the principal land uses permitted or conditionally permitted in each district.

2. An overlay district designator is included in a zoning designation if the provisions of one or more overlay districts apply to a site.

3. An ordinance number is added to a specified zoning designation and overlay district to reference the enabling legislation and specific regulations.

B. Establishment of Base Zoning Districts. Base zoning districts into which the city is divided are established as follows:

C. Establishment of Overlay Zoning Districts. Overlay zoning districts, one or more of which may be combined with a base district, are established as follows:

D. References to Classes of Base Districts. A reference to an R district refers to all residential districts; a reference to a C district refers to all commercial districts; and a reference to an I district refers to all industrial districts.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 05-1257 § 4, 2005; Ord. 07-1284 § 3 (Exh. B), 2007)

The regulations applicable to each district apply to the area within that district. A use other than parking serving a principal use on the site may not be located in a district unless it is a permitted or conditionally permitted use. Pedestrian or vehicular access from a street to a use may not traverse a portion of the site in a district unless the use is a permitted or conditional use.

(Ord. 979 § 2 (Exh. A), 1990; Ord. 05-1257 § 4, 2005; Ord. 07-1284 § 3 (Exh. B), 2007; Ord. 23-1509 § 2, 2023)