This chapter establishes rules and procedures for interpreting the Zoning Ordinance to ensure the consistent application and enforcement of the Zoning Ordinance.
The Development Services Director is delegated the responsibility and authority by the City Council to interpret the meaning and applicability of all provisions in the Zoning Ordinance.
A.
General Rules. The following general rules apply to the interpretation and application of the Zoning Ordinance.
1.
In the extent of an inconsistency, the more specific or restrictive provision shall govern over the general or less restrictive provision.
2.
Where there is a conflict between text and any figure, illustration, graphic, heading, map, table, or caption, the text governs.
3.
The words "shall," "will," "must," "is to," and "are to" are mandatory. "Should" means a regulation that is not mandatory, but must be either fulfilled or the applicant must demonstrate an alternative that fulfills the intent of the regulation. "May" is permissive.
4.
The following conjunctions are interpreted as follows:
5.
All officials, bodies, agencies, ordinances, policies, and regulations referred to in the Zoning Ordinance are those of the City of Upland unless otherwise noted.
B.
Calendar Days. Numbers of days specified in the Zoning Ordinance are construed as continuous calendar days. Where the last of a number of days falls on a holiday or weekend, time limits specified in the Zoning Ordinance are extended to the following working day.
C.
Zoning Map Boundaries. If there is uncertainty about the location of any zone boundary or other line of the Zoning Map as determined by the Development Services Director, the following rules apply:
1.
Zone boundaries shown as approximately following the property line of a parcel shall be construed to follow the property line.
2.
Zone boundaries shown as following roads or other rights-of-way, or natural features such as creeks shall be construed to follow the centerline of the roads, rights-of-way, or creeks.
D.
Parcels Containing Two or More Zones.
1.
For parcels containing two or more zones ("split zoning"), the location of the zone boundary shall be determined by the Development Services Director.
2.
For parcels containing two or more zones ("split zoning"), the applicable regulations for each zone shall apply within the zone boundaries as identified on the Zoning Map.
E.
Purpose Statements. The purpose statements in Part 2 (Zoning Districts, Land Uses, and Development Standards) provide a brief statement concerning each zoning district. The purpose statement summarizes the intentions of each zone in the Zoning Ordinance. The purpose statement does not list all permitted uses, administratively permitted uses, conditionally permitted uses, or uses listed as not allowed uses (see Use Regulation Tables in Part 2 for a listing of all permitted, administratively permitted, conditionally permitted or unpermitted uses for each zone).
F.
Use Regulation Tables. Use regulation tables in Part 2 (Zoning Districts, Land Uses, and Development Standards) establish permitted land uses within each zone. Within each use regulation table, uses are categorized as residential, community, commercial, office/professional, mixed-use, industrial/agricultural/natural resource, telecommunication and utilities, and other uses. All uses are defined in Part 7 (Definitions). Notations within these tables shall have the following meanings:
1.
Permitted Uses. A "P" means that a use is permitted by right in the respective zone and is not subject to discretionary review and approval.
2.
Administratively Permitted Uses. An "AUP" means that a use requires approval through an Administrative Use Permit.
3.
Conditionally Permitted Uses. A "CUP" means that a use requires approval of a Conditional Use Permit.
4.
Uses Not Allowed. A "-" in a cell means that a use is not allowed in the respective zone.
5.
Applicable Regulations. Standards in the Zoning Ordinance that apply to specific uses are identified in the column entitled "Applicable Regulations." Standards referenced in the applicable regulations column apply in all zones unless otherwise expressly stated. These standards are identified because they are specifically related to the stated use. However, other sections of the Zoning Ordinance may apply, and it should not be interpreted that they are not applicable because they are not listed under the "Applicable Regulations" column.
6.
Unlisted Land Uses. If a proposed land use is not specifically listed in the Zoning Ordinance, the use is not permitted except as follows:
a.
The Development Services Director may determine that an unlisted proposed use is equivalent to a listed permitted or conditionally permitted use and is permitted in the same manner as the equivalent listed use if all of the following findings can be made:
i.
The use is no greater in density or intensity than other uses in the applicable zone.
ii.
The use is compatible with permitted or conditionally permitted uses in the applicable zone.
iii.
The use will meet the purpose of the applicable zone.
iv.
The use is consistent with the goals and policies of the General Plan.
v.
The use will not be detrimental to the public health, safety, or welfare.
b.
When the Development Services Director determines that a proposed use is equivalent to a listed permitted or conditionally permitted use, the proposed use shall be treated in the same manner as the listed use with respect to development standards, permits required, and all applicable requirements of the Zoning Ordinance.
i.
For uses that are determined to be similar to permitted uses, the procedures contained in Section 17.44.020 (Zoning Clearance) shall apply.
A.
Request for Interpretation. The Development Services Director shall respond in writing to written requests for interpretation of the Zoning Ordinance if, in the opinion of the Development Services Director, the requested interpretation would substantially clarify an ambiguity that interferes with the effective administration of the Zoning Ordinance. When the Development Services Director makes such a determination, the following procedures shall apply:
1.
The request shall be in writing and shall state which provision is to be interpreted.
2.
The petitioner of the request shall provide any information that the Development Services Director requires to assist in its review.
3.
The Development Services Director shall respond to an interpretation request within 30 days of receiving the request.
B.
Form and Content of Interpretation. Official interpretations prepared by the Development Services Director shall be in writing and shall quote the provisions of the regulations that are being interpreted. The interpretation shall describe the circumstance that caused the need for the interpretation.
C.
Official Record of Interpretations. An official record of interpretations shall be kept and updated regularly by the Development Services Department. The record of interpretations shall be indexed by the number of the section that is the subject of the interpretation and made available for public inspection during normal business hours.
D.
Development Services Director Referral to Planning Commission. The Development Services Director may refer any request for interpretation of the Zoning Ordinance to the Planning Commission for review and interpretation (see Section 17.47.030 (Appeal Subjects and Jurisdiction)).
E.
Appeals. Any official interpretation prepared by the Development Services Director may be appealed to the Planning Commission. The Planning Commission's interpretation may be appealed to the City Council (see Table 17.43-1(Review and Decision Making Authority)).