§ 155.108 INTERPRETATION.

This § 155.108 establishes rules and procedures for interpreting the Zoning Code to ensure that it is applied and enforced in a consistent manner.

(Ord. 885-C.S., passed 5-21-19)

(A) Director. The Director has the authority to:

(1) Interpret the meaning and applicability of the Zoning Code; and

(2) Issue official interpretations of the Zoning Code as provided in § 155.108.030 (Official Interpretations).

(B) Department staff. Department staff may apply the rules for interpreting the Zoning Code established in this § 155.108 when performing duties described in § 155.404.030 (Development Services Department).

(Ord. 885-C.S., passed 5-21-19)

(A) Director interpretations. When the Director determines that a provision in the Zoning Code requires clarification, the Director may issue an official interpretation. Official interpretations will be in writing and maintained by the Department for public review.

(B) Referrals to Planning Commission. The Director may refer any issue of interpretation to the Planning Commission for review and final determination.

(C) Appeals. Official interpretations of the Zoning Code may be appealed in accordance with § 155.416 (Appeals and Reviews).

(Ord. 885-C.S., passed 5-21-19)

(A) Meaning and intent. All language shall be construed according to the purpose and intent set out in § 155.104.040 (Purpose of the Zoning Code).

(B) Minimum requirements. The Zoning Code establishes minimum requirements to protect the public health, safety and welfare. Where the Zoning Code allows for city discretion, the city may impose more stringent requirements to achieve the purpose and intent of the Zoning Code set out in § 155.104.040 (Purpose of the Zoning Code).

(C) Harmonious construction. The city intends that all provisions of the Zoning Code be construed harmoniously. When two or more provisions of the Zoning Code appear to conflict, the city may construe such provisions to give effect to both, if possible, by harmonizing them with each other. In cases of unresolvable conflict, the more restrictive will govern.

(D) Headings, tables and figures. In cases where text conflicts with any heading, table or figure, the text controls.

(E) Lists and examples. Lists of items or examples that use terms such as “including,” “such as” or similar language are intended to provide examples, not to be exhaustive lists of all possibilities. Unless otherwise specifically indicated, the word “including” always means “including, but not limited to.”

(F) Computation of time. References to “days” are calendar days unless otherwise stated. When “business days” are referenced, they include only days when Eureka City Hall is open. The end of a time period is computed by excluding the first day and including the last day.

(G) Rounding of fractional numbers. Unless otherwise stated, a fraction of one-half or more will be rounded to the next highest whole number and a fraction of less than one-half will be rounded to the next lowest whole number.

(H) References to other regulations, publications and documents. Whenever reference is made to a law or regulation, it will be construed as a reference to the most recent edition of such law or regulation, unless specifically stated.

(I) Technical and non-technical terms. Words and phrases will be construed according to the common and approved usage of the language. Technical words and phrases with a particular and appropriate meaning in law will be construed and understood according to such meaning.

(J) Public officials and agencies. All public officials, bodies and agencies to which references are made are those of the City of Eureka, unless otherwise indicated.

• (K) Mandatory and discretionary terms. The words “will,” “must,” “shall” and “is” are always mandatory. The words “should” is encouraged but not required and “may” is permissive.

• (L) Conjunctions. Unless the context clearly suggests the contrary, conjunctions will be interpreted as follows.

• (1) “And” means that all connected items apply.

• (2) “And/or” means that the connected items may apply singularly or in any combination.

• (3) “Or” means that one or more of the connected items may apply.

• (4) “Either...or” means that the connected words or provisions shall apply singularly, but not in combination.

• (M) Tenses and plurals. Words used in one tense (past, present or future) include all other tenses, unless the context clearly indicates otherwise. The singular includes the plural, and the plural includes the singular.

(N) Terms not defined. The Director has the authority to provide a definition for an undefined term based upon intended meaning of the term. Director determinations will be in writing and maintained by the Department for public review. (Ord. 885-C.S., passed 5-21-19)

(A) Land use regulation tables. Land use regulation tables in the Zoning District Standards identify permitted land uses within each zoning district. Notations within these tables have the following meanings:

(1) Permitted uses. A "P" means a use is permitted by right in the zoning district after obtaining a zoning clearance in accordance with § 155.412.150 (Zoning Clearances).

(2) Conditionally permitted uses. A "C" means a use requires approval of a conditional use permit in accordance with § 155.412.120 (Use Permits).

• (3) Minor permitted uses. An "M" means a use requires approval of a minor use permit in accordance with § 155.412.120 (Use Permits).

• (4) Uses not allowed. A "-" (dash) means a use is not allowed in the zoning district.

(B) Unlisted land uses.

(1) A land use not listed in a land use regulation table is not permitted if the use is listed as an allowed use in one or more other zoning districts. In such a case, the absence of the use in the land use regulation table means that the use is prohibited in the zoning district.

• (2) For a proposed use not listed in any land use regulation table, the Director may determine that the proposed use is equivalent to a permitted or conditionally permitted use if all of the following findings can be made:

• (a) The use is consistent with the goals and policies of the General Plan;

• (b) The use will not be detrimental to the public health, safety or welfare;

• (c) The use will meet the purpose of the zoning district;

• (d) The use is similar to other uses allowed in the zoning district;

• (e) The density or intensity of the use is similar to other uses in the zoning district; and

• (f) The use is compatible with permitted and/or conditionally permitted uses in the zoning district.

(3) When the Director determines that a proposed use is equivalent to a listed use, the proposed use will be treated in the same manner as the listed use with respect to development standards, permits required and all applicable requirements of the Zoning Code.

• (4) Director determinations will be in writing and maintained by the Department for public review.

• (5) The Director may refer any equivalent use determination to the Planning Commission for review and final decision.

• (6) Equivalent use determinations may be appealed in accordance with § 155.416 (Appeals and Reviews).

• (C) Types of uses.

• (1) Primary land uses.

(a) A primary land use is the main purpose for which a site is developed and occupied, including the activities that are conducted on the site a majority of the hours during which activities occur.

(b) Multiple primary land uses may occupy a single site or building. A land use on a site with multiple uses is considered a separate primary use if it operates independently from the other uses (e.g., different owner, business name, services provided) and could continue operations if the other uses were no longer present on the site.

(c) Each primary land use on a site is subject only to its own permit requirements identified in the land use regulation tables in the Zoning District Standards subchapter regardless of the permit requirements that apply to other uses on the site. For example, if one primary land use that requires a conditional use permit (CUP) occupies the same space in a building as another primary land use allowed by-right, the land use allowed by-right is not required to obtain a CUP.

(d) Each primary land use on a site is subject only to the standards and limitations that apply to the individual use. For example, if one primary use is subject to conditions of approval limiting its hours of operations, other primary uses on the site would not be subject to those same limitations unless specifically required as through their conditions of approval for their individual permits.

(2) Secondary uses.

(a) A secondary use is a land use specifically identified in § 155.504 (Land Use Classifications) as allowed only when combined with a permitted primary use. For example, a drive-through facility is a secondary use allowed only when combined with a permitted primary use (e.g., restaurants, cafés and beverage sales). A secondary use by its nature cannot exist without an associated primary use.

(b) A secondary use may require different permits from its associated primary use as identified in the land use regulation tables in the Zoning District Standards subchapter. For example, a restaurant may be permitted by-right, but a drive-through facility associated with the restaurant would require a conditional use permit. A secondary use may be subject to standards and limitations separate from the requirements that apply to its associated primary use.

(3) Accessory uses.

• (a) An accessory use is a use that is subordinate to and dependent on a primary use on the same lot.

• (b) Accessory uses are subject to the requirements in § 155.304.020 (Accessory Uses).

(c) An accessory use that complies with § 155.304.020 (Accessory Uses) is considered a component of its primary use and may operate by-right without the requirement to obtain additional permits unless specifically required by the Zoning Code. (Ord. 885-C.S., passed 5-21-19; Am. Ord. 902-C.S., passed 8-18-20; Am. Ord. 951-C.S., passed 10-17-23)

(A) Uncertain zoning district boundaries. Where zoning district boundaries on the Zoning Map are uncertain, the following rules apply.

(1) Boundaries shown as approximately following the centerlines of streets, highways or alleys are construed to follow the centerline.

(2) Boundaries shown as approximately following the coastal zone boundary are construed to follow the coastal zone boundary.

(3) Boundaries shown as approximately following platted lot lines are construed as following the lot lines. If lot lines shift as

a result of updated survey data or lot line adjustment, zoning district boundaries are construed to follow these shifted lot lines.

• (4) Boundaries shown as approximately following city limits are construed as following city limits.

• (5) Boundaries shown following railroad lines are construed to be midway between and parallel to the main tracks.

(6) If a boundary does not follow a lot line and divides a parcel, the location of the boundary is determined using the scale on the Zoning Map.

(7) Where further uncertainty exists, the Planning Commission shall determine the exact boundary location considering the

general purpose of the Zoning Code, the purpose of the applicable zoning districts, site conditions of the subject property and all other relevant information.

(B) Split zoning. For parcels containing two or more zoning districts (“split zoning”), the regulations for each zoning district will apply within the zoning district boundaries as identified on the Zoning Map.

(Ord. 885-C.S., passed 5-21-19)