Sections:

Sections:

Sections:

This title shall be cited as the zoning ordinance of the City of Portola.

(Ord. 289 § 2 (Exh. A (part)), 2002)

The purpose of this title is to protect and promote the public health, safety, and welfare of the city and to provide the economic and social advantages, which result from an orderly, planned use of the environment.

(Ord. 289 § 2 (Exh. A (part)), 2002)

A.

This title is enacted based on the authority vested in the City of Portola by the State of California.

B.

It is the policy of the City of Portola to eliminate any inconsistencies between this title and the general plan adopted by the city. It is intended that each parcel shall be zoned consistent with the general plan and any applicable specific plan. Where an inconsistency exists between the general plan and the zoning designation for a parcel, the zoning designation shall govern.

(Ord. 289 § 2 (Exh. A (part)), 2002)

A.

Continuation of an Existing Land Use or Structure. It is unlawful and a violation of the Portola Municipal Code for anyone to maintain a use of a parcel that violates any provision of this title; provided, however, a land use that was lawfully established before this title was enacted or before enactment of any applicable amendment to this title may continue, provided no expansion or modification to said pre-existing nonconforming uses or structures shall be permitted, except as allowed by Chapter 17.37 (Nonconforming Uses, Structures and Parcels).

B.

Effect of Ordinance Changes on Applications in Progress. The enactment of this title, or an amendment hereto, may have the effect of imposing a different standard on development or a new land use, from that which previously applied to a parcel.

Following the effective date of this title, or any amendment of this article, the following provisions shall apply:

1.

Pending applications. Applications which have been determined by the planning department to be complete pursuant to Government Code Section 65943 before the effective date of this title, or any amendment hereto, shall comply with the provisions of the city's former zoning ordinance as were in effect the date of approval of the application.

2.

Approved applications. Applications approved prior to the effective date of this chapter, or any amendment hereto, may be constructed or used in accordance with the conditions of approval therefor; provided, however, approval of any extension shall be governed by the provisions of Section 17.04.040 (B)(3), below.

3.

Time extensions. An approval of an extension of time may be conditioned to comply with the provisions of this title in effect when the application for time extension is deemed complete pursuant to Government Code Section 65943.

C.

Other Requirements May Apply. Nothing in this title shall eliminate requirements to obtain any other permit, license, approval or entitlement required by other provisions of this code, or by the regulations of any city department, or by any county, regional, state, or federal agency.

(Ord. 289 § 2 (Exh. A (part)), 2002)

If any part of these regulations is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of these regulations. It is hereby expressly declared that this title and each part would have been adopted irrespective of the fact that any part might be declared invalid or unconstitutional.

(Ord. 289 § 2 (Exh. A (part)), 2002)

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)

A.

The following primary zone districts are established and shall be shown on the zoning map as established by Section 17.10.020:

B.

In addition to the primary zone districts established pursuant to subsection A above, the following overlay and special purpose zones are established:

(Ord. 289 § 2 (Exh. A (part)), 2002)

A.

The boundaries of the zoning districts established by Section 17.10.010 shall be shown upon the map designated as the "City of Portola Zoning Map" (referred to herein as the "Zoning Map"), which shall be placed on file with the city clerk and available for public review.

B.

The zoning map has been adopted by the council in compliance with applicable law, and is hereby incorporated into this title by reference as though it were fully set forth herein.

C.

The following conversion matrix shows the equivalent zones used on the updated zoning map:

(Ord. 289 § 2 (Exh. A (part)), 2002)