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, the General Plan 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, the General Plan or a Specific Plan, the requirements of the Development Agreement, the General Plan, or a 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:
1. 
"See Section 20-12.040" means "See Section 20-12.040 of this Zoning Code."
2. 
"…in compliance with Subsection D.2, means "…in compliance with Subsection D.2 of this Section"; and
3. 
"See Chapter 20-20," means "See Chapter 20 of Division 2 of this Zoning Code."
F. 
Zoning Map boundaries. See Section 20-20.020 (Zoning Map and Zoning Districts).
G. 
Allowable uses of land. See Section 20-22.030 (Residential District Land Uses and Permit Requirements).
(Ord. 3677 § 1, 2004; Ord. 2020-014 § 2; Ord. 2025-001, 1/28/2025)
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, DRPB, 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.
E. 
Appeals. Any interpretation of this Zoning Code may be appealed in compliance with Chapter 20-62 (Appeals).
(Ord. 3677 § 1, 2004; Ord. 2025-003, 2/25/2025)