Ione Municipal Code Ch. 17.12 Interpretation

The purpose of this chapter is to specify the authority and procedures for clarification of ambiguity in the regulations of this title in order to ensure the consistent interpretation and application.

(Ord. No. 528, 2-15-2022)

If ambiguity arises concerning the meaning or applicability of the provisions of this title, it shall be the responsibility of the city planner to review pertinent facts, determine the intent of the provision, and to issue an administrative interpretation of said provision(s) as specified in this chapter:

A. The classification of a particular use;

B. The development standards applicable to a particular zoning district or use; or

C. Zoning boundaries.

(Ord. No. 528, 2-15-2022)

A. Terminology. When used in this title, the following rules apply to all provisions of this title:

1. Language. 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.

2. Tense and number. The present tense includes the past and future tense, 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 words indicates otherwise.

3. Conjunctions. "And" indicates that all connected items or provisions shall apply. "Or" indicates that the connected items or provisions may apply singly or in any combination. "Either...or" indicates that the connected items and provisions shall apply singly but not in combination. "Includes" and "including" shall mean "including but not limited to..."

B. Zoning regulations. Any list of any item, including zones or uses, is exclusive. If a use or other item is not listed, it is not permitted.

C. Number of days. Whenever the number of days is specified in this title, or in any permit, condition of approval, or notice issued or given as provided in this title, the number of days shall be construed as calendar days. When the last of the specified number of days falls on a weekend or city holiday, time limits shall extend to the end of the next working day.

D. Minimum requirements. When interpreting and applying the regulations of this title, all provisions shall be considered to be minimum requirements, unless specifically stated otherwise.

(Ord. No. 528, 2-15-2022)

Whenever the city planner determines that an ambiguity in a zoning regulation exists or when an applicant requests an interpretation based on his or her judgment or understanding of the chapter, the city planner shall issue an official interpretation. Official interpretations shall be in writing and shall cite the provisions being interpreted together with an explanation of the meaning or applicability of the provision(s) in the particular or general circumstances that caused the need for interpretation. The city planner shall make an interpretation based on his or her judgment and understanding of the current code.

Any provision determined by the city planner to be ambiguous pursuant to this chapter shall be clarified by amendment as soon as is practical. The city planner shall maintain a complete record of all official interpretations available for public review, indexed by the chapter number of this title that is the subject of the interpretation, including all interpretations made by the planning commission and city council. The applicant or property owner initiating the request for such interpretation shall receive a notice of action, including the record of interpretation and information regarding the city's appeal procedures. All recorded interpretations shall also be provided to the planning commission, city manager, city attorney, and city council in writing.

(Ord. No. 528, 2-15-2022)

Interpretations by the city planner may be appealed to the planning commission as specified in Section 17.08.060 (Appeals). Following appeal, if the applicant disagrees with the commission's determination, the applicant may appeal to the city council.

(Ord. No. 528, 2-15-2022)