(A) Location and boundaries of zone. The designation, location and boundaries of the aforementioned zones and areas shall be by written description or by delineation on zoning maps which shall be adopted as specified in this title. The maps and written legal descriptions shall become a part of the zoning ordinance under this section and subject thereto. These maps and descriptions are not codified.
(B) Determining uncertain zoning district boundaries.
(1) The Director shall make decisions regarding uncertain zoning district boundaries. The Director’s decision may be appealed to the Planning Commission.
(2) Where uncertainty exists with respect to the boundaries of the various zones, the following rules shall be used in determining the following:
(a) Where boundary lines are indicated as following streets and alleys they shall be construed as following the centerlines thereof.
(b) Where boundary lines are indicated as approximately following lot lines, the lot lines shall be construed to be the boundaries.
(c) Where a boundary line divides a lot or crosses unsubdivided property, the location of the boundary shall be as indicated upon the zoning map using the scale appearing on the map.
(d) Where a lot held in one ownership and of record at the effective date of the ordinance codified in this title is divided by a district boundary line, the entire lot shall be construed to be within the less restricted district; provided, that this regulation shall not apply if it increases the area of the less restricted portion of the lot by more than 20%.
(3) Where further uncertainty exists, the Planning Commission upon written application, or upon its own motion, may by resolution determine the location of a disputed boundary, giving due consideration to the apparent indicated location thereof and the scale of the zoning map and the expressed intent of this title.
(4) Wherever any property is not, under these rules, specifically included in any district shown on the zoning map, the property is declared to be in an agricultural zone or as determined by the Planning Commission.
(C) Use determination. Determination of land uses not specifically listed in Chapter 25.03 (Zoning Map and Districts) shall be reviewed and determined by the Director per the provisions below.
(1) Director’s determination. The Director has the authority to determine when a proposed land use that is not listed in Chapter 25.03 (Zoning Map and Districts) is similar to another listed use that is permitted or administratively permitted if the following findings can be made:
(a) The characteristics of, and activities associated with, the proposed use are equivalent to those of one or more of the uses listed in the zoning district as allowable, and will not involve a greater level of activity, population density, intensity, traffic generation, parking, dust, odor, noise, or similar impacts as determined by special environmental studies as required by the Director, than the uses listed in the zoning district;
(b) The proposed use will meet the purpose/intent of the zoning district that is applied to the location of the use;
(c) The proposed use will be consistent with the goals, objectives, and policies of the general plan, or any applicable specific plan or planned development district; and
(d) The proposed use is not prohibited or illegal.
(2) Planning Commission appeal. The Director’s decision regarding a use determination can be appealed to the Planning Commission.
(3) Applicable standards and permit requirements. When the Director or Planning Commission determines that a proposed but unlisted land use is equivalent to a listed use, the proposed use will be treated in the same manner as the listed use in determining where the use is allowed, what permits are required, and what other standards and requirements of this zoning code apply.
(Ord. 1043, § 3 (part), 2022)