Chapter 18.10
APPLICABILITY AND INTERPRETATION
Sections:
18.10.010 Purpose and applicability.
18.10.020 General rules for applicability of zoning regulations.
18.10.030 Rules for construction of language.
18.10.040 Rules for interpretation of text and zoning map – Record keeping.
18.10.050 Applicability of land use and development regulations.
18.10.010 Purpose and applicability.
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 requires a different meaning. (Ord. 710 § 35-2.1, 1996; 1991 code § 35-2.1)
18.10.020 General rules for applicability of zoning regulations.
A. Applicability to property. Zoning regulations shall apply to all land within the city, including land owned by the city and other local, state, or federal agencies to the extent allowed by law, with the exception of city-funded projects on public agency-owned property. 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, demolished or moved in any zoning district except in accord with this title.
D. Public nuisance. Neither the provisions of this title nor the approval of any permit authorized by this title shall authorize the maintenance of a public nuisance. A violation of any provision of this title is a public nuisance. (Reference: PHMC § 18.135.010.)
E. Compliance with public notice requirements. Compliance with public notice requirements prescribed by this title 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.
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,” the request shall be filed with the zoning administrator 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.
G. Conflict with other regulations. Where conflict occurs between the provisions of this title and any other city code, chapter, resolution, guideline, or regulation, the more restrictive provision shall control unless otherwise specified in this chapter.
H. Relation to private agreements. This title shall not interfere with or annul any easement, covenant, or other agreement now in effect.
I. Relation to prior ordinance. The provisions of this title supersede all prior zoning ordinances of the city.
J. Extension of time for holidays and weekends. If a deadline falls on a weekend or holiday, the time for performing an act shall be extended to the next working day.
K. Zoning of land proposed for annexation. The zoning administrator shall recommend prezoning consistent with the general plan designation for land within the city’s sphere of influence. If prezoning is approved by the planning commission and the city council, the zoning shall become effective upon annexation.
L. Application during local emergency. The city council, or its authorized designee, may authorize a deviation from a provision of this title during a local emergency declared and ratified under the municipal code in accordance with the California Emergency Services Act (Gov’t Code § 8550 et seq.). (Ord. 934 § 2, 2019; Ord. 890 § 3, 2015; Ord. 710 § 35-2.2, 1996; 1991 code § 35-2.2)
18.10.030 Rules for construction of language.
In addition to the general provisions of the Pleasant Hill Municipal Code, the following rules of construction shall apply:
A. The particular controls the general.
B. Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows:
1. And indicates that all connected words or provisions shall apply;
2. Or indicates that the connected words or provisions may apply singly or in any combination; and
3. Either ... or indicates that the connected words or provisions shall apply singly but not in combination.
C. In case of conflict between the text and a diagram, the text controls.
D. A reference to a public official in the city is to that person who performs the function referred to and includes a designated deputy of such official.
E. All references to days are to calendar days unless otherwise indicated.
F. Section headings shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of any section.
G. The words activities and facilities include any part thereof. (Ord. 727 § 2, 1998; Ord. 710 § 35-2.4, 1996; 1991 code § 35-2.4)
18.10.040 Rules for interpretation of text and zoning map – Record keeping.
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 shall apply:
1. District boundaries shown as approximately following the property line of a lot shall be construed to follow the property line.
2. On unsubdivided land, or where a district boundary divides a lot, the location of the district boundary shall be determined by using the scale appearing on the zoning map, unless the boundary location is indicated by dimensions printed on the map.
3. District boundaries shown as approximately following the right-of-way line of a freeway, street, railroad, or other identifiable boundary line shall be construed to follow the right-of-way or boundary line.
4. District boundaries shown as lying within the right-of-way lines of a freeway, street, railroad, or other identifiable boundary line shall be construed to follow the centerline of the right-of-way or boundary line.
5. If any 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. Record of interpretation. The zoning administrator shall keep a record of interpretations made under this section which shall be available to the public. (Ord. 710 § 35-2.6, 1996; 1991 code § 35-2.6)
18.10.050 Applicability of land use and development regulations.
A. Establishment of base zoning districts. Base zoning districts into which the city is divided are established as follows:
|
Base District Designator |
Base District Name |
|---|---|
|
R-6 |
Single-Family Residential District: Minimum lot size: 6,000 sq. ft. |
|
R-7 |
Single-Family Residential District: Minimum lot size: 7,000 sq. ft. |
|
R-10 |
Single-Family Residential District: Minimum lot size: 10,000 sq. ft. |
|
R-10A |
Single-Family Residential District: Minimum lot size: 10,000 sq. ft.1 |
|
R-15 |
Single-Family Residential District: Minimum lot size: 15,000 sq. ft. |
|
R-20 |
Single-Family Residential District: Minimum lot size: 20,000 sq. ft. |
|
MRVL |
Very Low Density Multiple-Family Residential District: 7 to 11.9 units per acre |
|
MRL |
Low Density Multiple-Family Residential District: 12 to 19.9 units per acre |
|
MRM |
Medium Density Multiple-Family Residential District: 20 to 29.9 units per acre |
|
MRH |
High Density Multiple-Family Residential District: 30 to 40 units per acre |
|
NB |
Neighborhood Business District |
|
RB |
Retail Business District |
|
C |
General Commercial District |
|
PAO |
Professional and Administrative Office District |
|
LI |
Limited Industrial District |
|
PUD/PPD |
Planned Unit Development or Precise Plan District |
|
HPUD |
Hillside Planned Unit Development District |
|
1In R-10A, the average lot size must be at least 10,000 sq. ft. Smaller lots may be permitted, but not less than 7,000 sq. ft. |
|
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References to R districts refer to all single-family and multifamily residential districts. |
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B. Establishment of overlay zoning districts. Overlay zoning districts, one or more of which may be combined with a base district, are established as follows:
1. CR – Cultural Resource Overlay District;
2. H – Historic Overlay District. (Ord. 796 § 1, 2005; Ord. 710 § 35-2.8, 1996; 1991 code § 35-2.8)