A. General.
1. The Zoning Administrator has the authority to interpret any provision of this Development Code. Interpretation of this Code includes clarification of intention and procedure, and determination of unspecified land uses and uncertainties pertaining to the Zoning Map.
B. Permitted uses.
1. Interpretation also includes determinations as to whether a use of land is permitted by this Development Code. If a proposed use of land is not specifically listed in Article II (Zoning Districts), the use shall only be permitted if the Zoning Administrator makes the following determinations:
a. The characteristics of, and activities associated with, the proposed use are equivalent to those of 1 or more of the uses listed in the zoning district as allowable, and would not involve a higher level of activity or population density than the uses listed in the district;
b. The proposed use would meet the purpose/intent of the zoning district that is applied to the subject site; and
c. The proposed use would be consistent with the goals and policies of the General Plan and any applicable specific plan.
2. If the Zoning Administrator determines that an unlisted use is equivalent to a listed use, the proposed use shall be treated in the same manner as the listed use in determining where it is allowed, what permits are required, and what other standards and requirements of this Development Code would apply.
C. Zoning Map. Uncertainties regarding the location of a zoning district boundary on the Zoning Map shall be determined by the Zoning Administrator as follows:
1. If a district boundary approximately follows a lot, alley, or street line, this line shall be construed as the district boundary;
2. If a district boundary divides a lot and the boundary line location is not specified by distances on the Zoning Map, the location of the boundary will be determined using the Zoning Map scale; and
3. If a public street or alley is officially vacated or abandoned, the land that was formerly in the street or alley will be included within the zoning district of the adjoining property on either side of the centerline of the vacated or abandoned street or alley.
D. Referral. Whenever the Zoning Administrator determines that the meaning or applicability of any Development Code requirement is subject to interpretation, the Zoning Administrator may issue an official interpretation, or may refer any issue of interpretation to the Board of Adjustment for its determination.
E. Procedure. A request for an interpretation or determination of the meaning or applicability of any of the requirements of this Development Code shall be made in compliance with Article V (Procedures and Enforcement).
(Ord. 16-1411, passed 2-23-2016)