Chapter 17.02 ENUMERATION OF ZONES AND ADOPTION OF ZONING MAP

The locations and boundaries of the zoning districts are established as they are shown on a map entitled “The Zoning Map of the City of Fortuna” (hereafter referred to as “zoning map”) and amendments thereto, signed by the mayor and city clerk, which map and amendments are declared to be a part of this title. (Ord. 2011-692 § 2 (Exh. A)).

17.02.040 Determination of zone boundaries.

Where uncertainty exists as to the boundaries of any of the zoning districts shown on the zoning map, the following rules shall apply. Where more than one of the following rules are applicable in any given situation, the first enumerated and applicable rules shall prevail:

A. Where the district boundary line is shown by a specific dimension, such specific dimension shall control.

B. Where a district boundary is located within or along a street, alley, right-of-way, or channelized waterway, the district boundary line shall be deemed to be such street, alley, right-of-way, channelized waterway, or extensions thereof or therefrom.

C. Where a dedicated street or alley shown on the zoning map is vacated by resolution or ordinance, the property formerly in the street or alley shall be included within the zone of the adjoining properties on both sides of the vacated street or alley. In the event that the centerline of the vacated street or alley was the boundary between two or more different zones, the zone boundary remains the former centerline of the vacated street or alley.

D. Where a district boundary line is shown as approximately following platted lot lines, the district lot lines shall be deemed to coincide with such platted lot lines.

E. Where a centerline of a dedicated or vacated street or alley is the boundary between zones, that boundary may be extended across acreage, blocks, or large lots as deemed appropriate by the planning commission and city council.

F. Where zone boundary lines are not approximately street, alley, or lot lines, whether existing, vacated, or extended, and where the zoning boundaries are not accompanied by present or future detailed maps of smaller scale and lot text notations on zone depth from the centerline or frontage of a street, then the boundary lines of the zoning map shall be determined by the scale contained on such map. Where uncertainty exists, the zone boundary line shall be determined by the planning commission, consistent with the Fortuna general plan. (Ord. 2011-692 § 2 (Exh. A)).

17.02.050 All territory in city affected – Annexations.

A. All incorporated territory of the city shall be classified as specified by the zoning map adopted as part of this title.

B. Any land that shall be annexed to the city shall be appropriately zoned subject to the provisions of subsections (C) and (D) of this section.

C. The owner of any land, prior to filing a petition for annexation to the city, may file an application for prezoning by complying with local and state provisions and paying the fees established by the city council by fee resolution. The prezoning, as established by the planning commission with the approval of the city council, will be binding upon the city as of the effective date of the annexation.

D. In the event that a proposed annexation is instituted by the city or other property owners, any owner of land included in the proposed annexation, the city council, the planning commission, or the city manager, when acting in their official capacity, may file an application for prezoning by complying with the provisions and procedures set forth in this title.

E. The payment of fees is waived for the city, city council, planning commission, or city manager, when acting in their official capacity. Zoning established by the planning commission, with the approval of the city council, will be binding on the city as of the effective date of city council concurrence. (Ord. 2011-692 § 2 (Exh. A)).

17.02.060 Provisions applicable to all zones.

Each and every zone shall be subject to the requirements and regulations set forth in this title. The standards and considerations shall apply to principal and accessory uses as specified, and shall guide the planning commission in the issuance of conditional use permits. (Ord. 2011-692 § 2 (Exh. A)).

17.02.070 Zoning regulations – Conflicts.

In the event of conflict between the regulations set forth in this title the more restrictive regulations shall apply. In doubtful cases, the planning commission shall determine which of the conflicting regulations shall be applicable. (Ord. 2011-692 § 2 (Exh. A)).