Portola Municipal Code § 17.07.030 Authority for interpretations

This chapter specifies the authority and procedures to ensure the consistent interpretation and application of the requirements of this title.

(Ord. 289 § 2 (Exh. A (part)), 2002)

A. Minimum Requirements. The provisions of this title shall be deemed to be the minimum standards required for the protection of the public health, safety, and welfare.

B. Conflicting Requirements. Where the provisions of this chapter impose a more stringent development requirement or a greater restriction upon the use of buildings or land than are imposed or required by other laws, rules, and regulations, or by easements, covenants, or agreements, the provisions of this chapter shall govern.

C. Conflicts Between Provisions. In the event of any conflict between Article II (Zoning Districts and Permitted Uses) and Article III (General Development Regulations), the provisions of Article III shall govern.

D. Single Lot in Multiple Zoning Districts. In the event two or more lots are merged through the approval of a lot line adjustment, parcel, or tentative map in compliance with Title 16 of this code (subdivisions), such that a single lot is covered by two or more zoning districts, the uses of that parcel shall be consistent with the zoning district as shown for the portion of the lot on which the use is proposed to be placed.

E. Uncertainties in Zoning District Boundaries. Where the boundaries of any zoning district shown on the zoning maps is uncertain, the director shall apply the following rules to resolve such uncertainty:

1. Where a zoning district boundary approximately follows a lot, alley, or street line, such lot line, or center line of such street and alley shall be construed to be the boundary.

2. If a zoning district boundary divides a lot, and the boundary line location is not otherwise designated, the location of the boundary shall be determined by the use of the scale appearing on the zoning map.

3. Where a public street or alley is officially vacated by the city, the property within the vacated portion of the street or alley shall take on the zoning on the adjoining property. Where the vacated street or alley was the boundary of two or more districts, the new district boundary shall be determined at the time of abandonment.

4. The "floodplain" overlay zone refers to those areas designated as "Official Floodplain Maps" of the City of Portola and kept and maintained in the office of the building inspector, as provided by the Federal Emergency Management Agency (FEMA).

(Ord. 289 § 2 (Exh. A (part)), 2002)

The director shall have the authority to issue administrative interpretations of the provisions of this title to resolve ambiguities.

A. Record of Interpretations. Whenever the director determines that the applicability or meaning of any of the standards of this title are ambiguous, the director may issue an official interpretation. Official interpretations shall be in writing, and shall cite the provisions being interpreted, together with an explanation of their meaning or applicability in the particular or general circumstances that caused the need for interpretation.

Any provision of this title that is determined by the director to be ambiguous shall be clarified by amendment as soon as is practical. The director shall maintain a complete record of all official interpretations available for public review, indexed by the section number of this title that is the subject of the interpretation.

B. Appeal. Interpretations by the director may be appealed to the planning commission pursuant to Chapter 17.91.

(Ord. 289 § 2 (Exh. A (part)), 2002)