This chapter provides rules for resolving questions about the
meaning or applicability of any part of this title. The provisions
of this chapter are intended to ensure the consistent interpretation
and application of the provisions of this title and the general plan.
(Ord. 777 § 1 (Exh. A,
2002))
A.
Language.
1.
Abbreviated
Titles and Phrases. For the purpose of brevity, the following phrases,
personnel and document titles are shortened hereafter in this title:
a.
The city of Rancho Mirage is referred to as the city.
b.
The city of Rancho Mirage zoning ordinance is referred to as this
zoning ordinance.
c.
The Rancho Mirage general plan and zoning map is referred to as the
zoning map.
d.
The community development director is referred to as director, the
community development department is referred to as the department,
the city council is referred to as the council, and the planning commission
is referred to as the commission.
e.
Buildings and structures are referred to as structures.
2.
Terminology.
When used in this title, the words shall, must, will, is to, and are
to are always mandatory. Should is not mandatory but is strongly recommended;
and may is permissive. The present tense includes the past and future
tenses; and the future tense includes the present. The singular number
includes the plural number, and the plural the singular, unless the
natural construction of the word indicates otherwise. The words include,
includes, and including shall mean including but not limited to ....
3.
Number
of Days. Whenever a number of days is specified in this title, or
in any approval, condition of approval, or notice issued or given
as provided in this title, the number of days shall be construed as
calendar days. Time limits will extend to the following working day
where the last of the specified number of days falls on a weekend
or holiday.
4.
Minimum
Requirements. When interpreting and applying the regulations of this
title, all provisions shall be considered to be minimum requirements,
unless stated otherwise (e.g., height limits and site coverage requirements
for structures, and the numbers and size of signs allowed are maximums,
not minimums.
5.
State
Law Requirements. Where this title references applicable provisions
of state law (e.g., the California Government Code, Subdivision Map
Act, Public Resources Code, etc.), the reference shall be construed
to be to the applicable state law provisions as they may be amended
from time to time.
B.
Authority. The director is assigned the responsibility and authority to interpret the requirements of this title. The directors determination may be appealed to the commission in compliance with Chapter 17.76 (Appeals).
C.
Zoning
Map Boundaries. If there is uncertainty about the location of any
land use designation or zoning district boundary shown on the zoning
map, the following rules are to be used in resolving the uncertainty:
1.
Where
the boundaries approximately follow lot, alley, or street lines, the
lot lines and street and alley centerlines shall be construed as the
boundaries;
2.
If
a boundary divides a parcel and the boundary line location is not
specified by distances printed on the zoning map, the location of
the boundary will be determined by using the scale appearing on the
zoning map; or by referring to the zone change exhibit; and
3.
Where
a public street or alley is officially vacated or abandoned, the property
that was formerly in the street or alley will be included within the
land use designation or zoning district of the adjoining property
on either side of the centerline of the vacated or abandoned street
or alley.
D.
Allowable
Uses of Land. If a proposed use of land is not specifically listed
in Division II (Zoning Districts), the use shall not be allowed, except
as follows.
1.
Similar
Uses Allowed. The director may determine that a proposed use that
is not listed in Division II (Zoning Districts) is allowable if the
proposed use is substantially the same in character and intensity
as those listed in Division II. The use is subject to the approval
process that governs the category in which it falls.
2.
Applicable
Standards and Requirements. When the director determines that a proposed,
but unlisted, use is similar to a listed use, the proposed use will
be treated in the same manner as the listed use in determining where
it is allowed, what approvals are required and what other standards
and requirements of this title apply.
3.
Commission
Determination. The director may forward questions about similar uses
directly to the commission for a determination.
E.
Conflicting
Requirements.
1.
Zoning
Ordinance and Municipal Code Provisions. If conflicts occur between
requirements of this title, or between this title and other regulations
of the city, the most restrictive shall apply.
2.
Development
Agreements or Specific Plans. When conflicts occur between the requirements
of this title and standards adopted as part of a development agreement
or specific plan, the requirements of the development agreement or
specific plan shall apply.
3.
Private
Agreements. This title applies to all land uses and development regardless
of whether it imposes a greater or lesser restriction on the development
or use of structures or land than a private agreement or restriction,
without affecting the applicability of the agreement or restriction.
The city shall not enforce private covenants or agreements, unless
they contain provisions that are required as a condition of approval
by the city. Only those provisions required as a condition of approval
shall be subject to enforcement by the city.
(Ord. 777 § 1 (Exh. A,
2002))
Whenever the director determines that the meaning or applicability
of the requirements of this title are subject to interpretation generally
or as applied to a specific case, the director may issue an official
interpretation. Interpretations may also be requested in compliance
with this section.
A.
Request
for Interpretation. A request shall be written, specifically state
the provision(s) in question, and provide information to assist in
their review.
B.
Record
of Interpretations. Official interpretations shall be:
1.
In
writing, and shall quote the provisions of this title being interpreted,
and explain their meaning or applicability in the particular or general
circumstances that caused the need for interpretation; and
2.
Distributed
to the council, commission, city attorney, city clerk, and department
staff.
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Provisions of this title that are determined by the director
to need refinement or revision should be corrected by amending this
title as soon as is practical. Until amendments can occur, the director
will maintain a record of official interpretations, available for
public review, and indexed by the section number that is the subject
of the interpretation.
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(Ord. 777 § 1 (Exh. A,
2002))
