§ 17.03

This chapter provides rules for resolving questions about the meaning or applicability of any part of this development code. The provisions of this chapter are intended to ensure the consistent interpretation and application of the provisions of this development code and the General Plan.

(Ord. No. 2010-265, § 3, 1-27-2010)

A.

Authority. The director is assigned the responsibility and authority to interpret the requirements of this development code.

B.

Language.

1.

Terminology. When used in this development code, 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 "includes" and "including" shall mean "including but not limited to..."

2.

Number of Days. Whenever a number of days is specified in this development code, or in any permit, condition of approval or notice issued or given as provided in this development code, 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.

3.

Minimum Requirements. When interpreting and applying the regulations of this development code, 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).

C.

Zoning Map Boundaries. If there is uncertainty about the location of any zoning district boundary shown on the official zoning map, the following rules are to be used in resolving the uncertainty:

1.

Where district boundaries approximately follow lot, alley or street lines, the lot lines and street and alley centerlines shall be construed as the district boundaries;

2.

If a district 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; 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 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 Table 2-2 - Land Use Table of Chapter 17.11, the use is prohibited except as allowed by Section 17.11.020.

E.

Conflicting Requirements.

1.

Development Code and Municipal Code Provisions. If conflicts occur between requirements of this development code, or between this development code and other regulations of the city, the most restrictive shall apply.

2.

Development Agreements or Specific Plans. If conflicts occur between the requirements of this development code and standards adopted as part of any development agreement or specific plan, the requirements of the development agreement or specific plan shall apply.

Private Agreements. This development code applies to all land uses and development regardless of whether it imposes a greater or lesser restriction on the development, maintenance, or use of structures or land than a 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 an express party and signatory to the covenant or agreement.

(Ord. No. 2010-265, § 3, 1-27-2010)

Whenever the director determines that the meaning or applicability of any of the requirements of this development code are subject to interpretation generally or as applied to a specific case, the director may issue an official interpretation. Interpretations may also be requested, by any interested party, in compliance with this section. Notwithstanding any provision in this chapter, a determination by the director or department staff, pursuant to Section 17.80.020 or another section, that a person is violating this development code is not subject to a request for interpretation, nor is that determination appealable to the commission or to the council, or subject to a call for review.

A.

Request for Interpretation. A request shall be written and filed within ten (10) days of any action by the department involving the provision which is the subject of the request. The written request shall specifically state the provision(s) in question, and may provide any additional information to assist in the review of the request.

B.

Record of Interpretations. If the director determines that a provision of this development code requires refinement or revision, an amendment to this development code should be made as soon as is practical. Until amendments can occur, the director will maintain a complete record of all official interpretations, which shall be available for public review, and indexed by the section number. Official interpretations shall be:

1.

In writing, and shall quote the provisions of this development code 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.

C.

Appeals and Referral. Any interpretations of this development code by the director may be appealed to the commission as provided by Chapter 17.74. The director may also refer any interpretation to the commission for a determination. Any interpretation by the director may be called up for review by the commission or council in accordance with Chapter 17.74.

(Ord. No. 2010-265, § 3, 1-27-2010)

Article II. - Zoning Districts and Allowable Land Uses Chapter 17.10 - ESTABLISHMENT OF ZONING DISTRICT AND ALLOWABLE LAND USES