Where uncertainty exists as to the boundaries of any zone shown on the official zoning map of the city, or any part thereof or any amendment thereto, such uncertainty shall be resolved pursuant to Section 18.50.030.

(Prior code § 9240)

Areas annexed to the city shall be classified in an appropriate zone by the city council in a manner specified by the provisions of Government Code Title 7, Division 1, Chapter 4 (Government Code § 65800 et seq.).

(Prior code § 9241)

(Ord. No. 3121, § 13, 8-25-20)

If any ambiguity shall be found with reference to these regulations, including but not limited to the appropriate zone classification of a particular use, the commission shall consider the matter and shall recommend to the city council the appropriate clarification of such ambiguity. When such a commission recommendation has been approved by the city council, the same shall be in force and effect and shall govern the interpretation of the affected provisions of this title, to which the same relates, until such time as an appropriate amendment to this title has been duly adopted.

(Prior code § 9242)

A.

It shall be the duty of the director, where reasonably necessary, to interpret the provisions of this title to assure adherence to the city council's purpose and intent in adopting the provisions contained in this title. All such interpretations shall be reduced to written form, and shall be permanently maintained by the director.

B.

Any person who is aggrieved by such an interpretation by the director may, in writing, request that such interpretation be reviewed by the planning commission. If the planning commission's determination is not satisfactory to either the director or such person, either or both may request the city council to review the same. Upon receipt of such a request, the city council shall review the interpretation as made, and shall approve, modify or disapprove the same. The decision of the city council shall be final and conclusive.

C.

Actions taken pursuant to this section shall include but not be limited to the designation of the front and rear lot lines of a through lot.

(Prior code § 9245)

A.

Application to C and M Zones. No person shall use for any purpose any C-zoned or M-zoned lot, building or structure located thereon, nor shall the owner of any such lot allow such use, unless and until the director of building and safety issues for such use a certificate of occupancy indicating the same complies with all applicable laws, including but not limited to the provisions of this title.

B.

Application to R-Zoned Lots. The provisions of subsection A of this section shall apply to R-zoned lots, and buildings and structures located thereon, but only as to newly constructed or reconstructed buildings and/or structures. Such certificates of occupancy shall not be required for changes in occupancy on such lot, so long as such occupancy is limited to residential use.

C.

Action of Director of Building and Safety. Where the director of building and safety refuses the issuance of such a certificate he/she shall give the applicant written notice thereof. His/her decision shall be subject to an appeal in the time and manner provided in Section 18.50.040.

D.

Temporary Certificate. Temporary certificates of occupancy may be issued, in the discretion of the director of building and safety, where a portion of a building under construction may be safely occupied.

(Prior code § 9243)

No building permit required pursuant to the city's building regulations or a certificate of occupancy shall be issued for any building, structure or use which has been erected, constructed, maintained or utilized in violation of any provision of this title, or any other applicable law. Any such permit or certificate issued erroneously for a use, building or structure which does not comply with such laws shall for all purposes be null, void and of no effect.

(Prior code § 9244)

Any person who has obtained a building permit shall be allowed to exercise such permit and complete the project to which the permit applies notwithstanding a change of zoning which becomes effective after the permit has been issued but before it is exercised, if such permit is exercised within one hundred eighty days after its issuance

(Ord. 2787 § 17, 2001; Ord. 2478 § 2, 1989: Ord. 2477 § 2, 1989)

Any use, building or structure to which the provisions of this title apply, but which do not comply with such provisions, shall be a public nuisance.

(Prior code § 9246)

Whenever the planning commission, on a particular legislative or administrative matter pending before it, is unable to resolve the matter by the requisite vote of that body, either by virtue of disqualification of members, or by virtue of the absence of members of the commission, if it appears to the planning director that a decision cannot expeditiously be rendered by the commission on such matter, the planning director shall report the same to the city manager. If the city manager determines that the matter cannot be expeditiously acted upon by the planning commission he/she shall certify such matter to the city council for action by that body without further action by the planning commission. Upon the transfer of such matter to the city council the city clerk shall give the required legal notice for such matter and thereafter the city council shall dispose of such matter in accordance with applicable law.

(Ord. 2459 § 1, 1989: Ord. 2458 § 2, 1989)

(Ord. No. 3112, § 4, 2-25-20)