This chapter provides rules for resolving questions about the
meaning or applicability of any part of this Zoning Code. The provisions
of this Chapter are intended to ensure the consistent interpretation
and application of the requirements of this Zoning Code and the General
Plan.
(Ord. 3677 § 1, 2004)
A.
Authority.
The Zoning Administrator shall have the responsibility and authority
to interpret the meaning and applicability of all provisions and requirements
of this Zoning Code.
B.
Language.
1.
Terminology.
When used in this Zoning Code, the words "shall," "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" mean "including but
not limited to…."
2.
Number
of days. Whenever a number of days is specified in this Zoning Code,
or in any permit, condition of approval, or notice issued or given
as provided in this Zoning Code, the number of days shall be construed
as calendar days, unless business days are specified. Time limits
will extend to the following business day where the last of the specified
number of days falls on a day that the City is not open for business,
except as otherwise provided for by the Map Act.
3.
Number
of months. Whenever a time limit in this Zoning Code is specified
in months, the number of months shall be deemed to be consecutive
months.
C.
Calculations—Rounding.
Where provisions of this Zoning Code require calculations to determine
applicable requirements, any fractional/decimal results of the calculations
shall be rounded as provided by this subsection.
1.
Residential
density, minimum lot area and number of lots. The fractional/decimal
results of calculations of the number of dwelling units allowed on
a parcel based on maximum density requirements, and the number of
parcels allowed through subdivision based on a minimum lot area requirement,
shall be rounded down to the next lowest whole number. For example,
the CV zoning district allows a minimum lot area of 20,000 feet for
new subdivisions. Therefore, a parcel of 78,000 square feet could
be subdivided into a maximum of three parcels, if approved by the
review authority (78,000 / 20,000 = 3.9, rounded down to 3).
2.
Floor
area ratio. The decimal results of calculations of the floor area
ratio on a parcel shall be rounded to the nearest tenth. If the digit
to the right of the tenths place (hundredths place) is greater than
or equal to five, the tenths place digit is rounded up. If the hundredths
place digit is less than five, the tenths place digit remains unchanged
(3.46 = 3.5, 3.42 =3.4).
3.
All
other calculations. For all calculations required by this Zoning Code
other than those described in Subsection C.1 above, the fractional/decimal
results of calculations shall be rounded to the next highest whole
number when the fraction/decimal is 0.5 or more, and to the next lowest
whole number when the fraction is less than 0.5.
D.
Conflicting
requirements. Any conflicts between different requirements of this
Zoning Code, or between this Zoning Code and other regulations, shall
be resolved as follows.
1.
Zoning
Code provisions. In the event of any conflict between the provisions
of this Zoning Code, the most restrictive requirement shall control,
except in case of any conflict between the zoning district regulations
of Division 2 (Zoning Districts and Allowable Land Uses) and the provisions
of Division 3 (Site Planning and General Development Standards), the
provisions of Division 3 shall control. The provisions of Division
4 (Standards for Specific Land Uses) shall control over any conflicting
provisions in Divisions 2 and 3.
2.
Development
Agreements or Specific Plans. In the event of any conflict between
the requirements of this Zoning Code and standards adopted as part
of any Development Agreement or Specific Plan, the requirements of
the Development Agreement or Specific Plan shall control.
3.
City
Code provisions. In the event of any conflict between requirements
of this Zoning Code and other regulations of the City, the Zoning
Administrator shall determine which provision shall control.
4.
Private
agreements. It is not intended that the requirements of this Zoning
Code shall interfere with, repeal, abrogate or annul any easement,
covenant, or other agreement that existed when this Zoning Code became
effective. This Zoning Code 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 an applicable private
agreement or restriction, without affecting the applicability of any
agreement or restriction. The City shall not enforce any private covenant
or agreement unless it is a party to the covenant or agreement.
E.
Internal cross-references. When a provision of this Zoning Code refers to a requirement elsewhere, the subject of the cross reference is assumed to be another Division, Chapter, Section, or Subsection of this Zoning Code, or another provision within the same Section, unless the title of another document is provided. For example:
(Ord. 3677 § 1, 2004; Ord. 2020-014 § 2)
Whenever the Zoning Administrator determines that the meaning
or applicability of any of the requirements of this Zoning Code are
subject to interpretation generally, or as applied to a specific case,
the Zoning Administrator shall issue an official interpretation, or
refer the matter to the Commission in compliance with Subsection B.
A.
Request
for interpretation. The request for an interpretation or determination
shall be filed with the Department and shall include all information
required by the Department.
B.
Referral
of interpretation. The Zoning Administrator has the option of forwarding
any interpretation or determination of the meaning or applicability
of any provision of this Zoning Code directly to the Commission for
consideration.
C.
Findings,
basis for interpretation. The issuance of an interpretation shall
include findings stating the basis for the interpretation. The basis
for an interpretation may include technological changes or new industry
standards. The issuance of an interpretation shall also include a
finding documenting the consistency of the interpretation with the
General Plan, and any applicable Specific Plan.
D.
Record
of interpretations. Official interpretations shall be:
1.
Written,
and shall quote the provisions of this Zoning Code being interpreted,
and the applicability in the particular or general circumstances that
caused the need for interpretations, and the determination; and
2.
Distributed
to the Council, Commission, Director, DRB, City Manager, City Attorney,
City Clerk, and affected Department staff.
Any provision of this Zoning Code that is determined by the
Zoning Administrator to need refinement or revision will be corrected
by amending this Zoning Code as soon as is practical. Until an amendment
can occur, the Zoning Administrator will maintain a complete record
of all official interpretations as an appendix to this Zoning Code,
and indexed by the number of the Chapter or Section that is the subject
of the interpretation.
(Ord. 3677 § 1, 2004)
