Chapter 17.03 — INTERPRETATION OF CODE PROVISIONS

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 and the General Plan.

• A. Authority. The City Planner is assigned the responsibility and authority to interpret the requirements of this Development Code.

• B. Language.

  1. Abbreviated titles and phrases. For the purpose of brevity, the following phrases, personnel and document titles are shortened hereafter in the Development Code. The City of Jackson is referred to hereafter as the "City." The City of Jackson Development Code is referred to hereafter as "Development Code." "Buildings and structures" are referred to hereafter as "structures."

  2. Terminology. When used in the 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 " When used to describe the applicability of two or more requirements of this Development Code, the word "or" shall mean that compliance with any of the series is sufficient, and the words "and," and "and/or" shall mean that compliance with all of the series is required.

  3. Number of days. Whenever a number of days are specified in the Development Code, or in any permit, condition of approval, or notice issued or given as provided in the 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.

  4. State law requirements. Where the Development Code references applicable provisions of State law (for example, the California Government Code , Subdivision Map Act, Public Resources Code , etc.), the reference shall be construed to be to the applicable State law provisions as they may be amended from time to time.

• C. Calculations—Rounding. Where provisions require calculations to determine applicable requirements, any fractional/decimal results of the calculations shall be rounded as provided by this subsection.

  1. Minimum lot area, maximum density. The fractional/decimal results of calculations of the number of parcels or residential units allowed through subdivision or a land use permit based on a minimum lot area or maximum density requirement shall be rounded down to the next lowest whole number. For example, the RH zoning district would allow a parcel to be proposed for development with up to 1 apartment residential unit per 2,000 square feet of site area, which would allow up to 21 dwelling units on a one acre (43,560 square foot) parcel (43,560/2,000 = 21.78, rounded down to 21).

on a minimum lot area or maximum density requirement shall be rounded down to the next lowest whole number. For example, the RH zoning district would allow a parcel to be proposed for development with up to 1 apartment residential unit per 2,000 square feet of site area, which would allow up to 21 dwelling units on a one acre (43,560 square foot) parcel (43,560/2,000 = 21.78, rounded down to 21).

2. All other calculations. For all calculations required other than those described in subsection C.1 above or in another section stating the calculations for a specific development standard, 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. 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. (See also 17.06.040, Zoning District Regulations.)

  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.

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.

• E. Allowable uses of land. If a proposed use of land is not specifically listed in Article II, the use shall not be allowed, except as follows.

  1. Allowed by other section. The proposed use of land is specifically allowed by another section of this Development Code, e.g. home occupations allowed as an accessory use in all residential zoning districts by Section 17.58.120 .

  2. Similar uses allowed.

     • a. Similar use determination. The City Planner may determine that a proposed use not listed in Article II is allowable for the purpose of accepting a land use permit application for processing, and the review authority may approve an application for an unlisted use, if all of the following findings are made:

       • (1) The characteristics of, and activities associated with, the proposed use are similar to those of one or more of the uses listed in the zoning district as allowable, and will not involve a higher level of activity or population density than the uses listed in the district;

       • (2) The proposed use will meet the purpose/intent of the zoning district that is applied to the site; and

       • (3) The proposed use will be consistent with the goals, objectives and policies of the General Plan and any Planned Development.

• b. Applicable standards and permit requirements. When the review authority determines that a proposed, but unlisted, use is similar to a listed use, the proposed use will be treated in the same manner as the listed use in determining where it is allowed, what permits are required and what other standards and requirements apply.

  - c. Planning Commission determination. The City Planner may forward questions about similar uses directly to the Planning Commission for a determination at a public meeting. Any decision of the Planning Commission shall be in writing. 
  

• F. Minimum requirements. When the regulations are being interpreted and applied, 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).

• G. Conficting requirements.

  1. Development Code provisions. In the event of any conflict between the zoning district regulations of Article II and the provisions of Article III (Site Planning and General Development Standards), the provisions of Article III shall control.

  2. Development Code and Municipal Code provisions. If conflicts occur between requirements of this Development Code, or between the Development Code and other regulations of the City, the most restrictive shall control.

  3. Development Agreements, Specifc Plans, Planned Developments. If conflicts occur between the Development Code and the requirements and standards adopted as part of any Development Agreement, Specific Plan, or Planned Development, the requirements of the Development Agreement, Specific Plan, or Planned Development shall control.

4. Development Code and Subdivisions. If conflicts occur between the requirements of this Development Code and any conditions of approval, restrictions, or other provisions imposed by a subdivision map, the conditions of approval, restrictions, and provisions of the subdivision map shall control unless the City Planner finds (a) the conditions of approval, restrictions, or other provisions of the subdivision map would be detrimental to the public health, safety, or welfare of the City or injurious to property or improvements in the vicinity; or (b) the characteristics and circumstances of the property and surrounding area and/or the project have substantially changed and clearly demonstrate that the conditions of approval, restrictions, or other provisions of the subdivision map are no longer necessary. In these cases, the requirements of the Development Code shall prevail.

ty or injurious to property or improvements in the vicinity; or (b) the characteristics and circumstances of the property and surrounding area and/or the project have substantially changed and clearly demonstrate that the conditions of approval, restrictions, or other provisions of the subdivision map are no longer necessary. In these cases, the requirements of the Development Code shall prevail.

5. Private agreements. This article 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 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 a party to the covenant or agreement, or unless enforcement rights have been provided to the City in the covenant or agreement, provided that the City shall be under no obligation to enforce any covenant or agreement.

If the City Planner 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 City Planner may issue an official interpretation. Interpretations may also be requested in compliance with this Section.

• A. Request for interpretation. A request shall be written, specifically state the provision(s) in question, and provide any information to assist in their review.

• B. Record of interpretations. Official interpretations shall be:

  1. In writing, and shall quote the provisions 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 City Council, Planning Commission, City attorney, City Manager and Department staff.

Any provisions that are determined by the City Planner to need refinement or revision should be corrected by amending as soon as is practical. Until amendments can occur, the City Planner will maintain a complete record of all official interpretations, available for public review, and indexed by the number of the Section that is the subject of the interpretation.

• C. Appeals and referral. Any interpretations by the City Planner may be appealed to the Planning Commission as provided by Chapter 17.140 (Appeals). The City Planner may also refer any interpretation to the Commission for a determination.