Chapter 17.02 — INTERPRETATION OF CODE PROVISIONS

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

(Ord. No. 1869, § 2, 2-20-2013)

A.

Authority. The director shall have the responsibility and authority to interpret the meaning and applicability of all provisions and requirements of this code.

B.

Language.

Abbreviated Titles and Phrases. For the purpose of brevity, the following phrases, personnel and document titles are shortened in this code. The city of Lodi is referred to as the "city." The city of Lodi zoning and subdivision code is referred to as "this code." The community development director is referred to as "director," the city council is referred to as the "council," the planning commission is referred to as the "commission." The community development department is referred to as the "department." "Buildings and structures" are referred to as "structures."

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

Number of Days. Whenever a number of days is specified in this code, or in any permit, condition of approval, or notice issued or given as provided in this code, the number of days shall be construed as calendar days, unless business days are specified. Time limits will extend to the following business day where the last of the specified number of days falls on a day that the city is not open for business, except as otherwise provided for by the Map Act.

State Law Requirements. Where this code references applicable provisions of state law (e.g., 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 any provisions of this code require calculations to determine applicable requirements, any fractional/decimal results of the calculations shall be rounded as provided by this subsection.

Residential Density, Minimum Lot Area and Number of Lots. The fractional/decimal results of calculations of the number of dwelling units allowed on a parcel based on maximum density requirements, and the number of parcels allowed through subdivision based on a minimum lot area requirement, shall be rounded down to the next lowest whole number.

All Other Calculations. For all calculations other than those described in subsection (C)(1) above, 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.

Conflicting Requirements. Any conflicts between different requirements of this code, or between this code and other regulations, shall be resolved as follows:

Zoning and Subdivision Ordinance Provisions. In the event of any conflict between the provisions of this code, the most restrictive requirement shall control, except in case of any conflict between the zoning district regulations of Article 2 (Land Use and Development Standards) and the provisions of Article 3 (Site Planning and General Development Standards), the provisions of Article 3 shall control.

Development Agreements, Specific Plans, Planned Developments. In the event of any conflict between the requirements of this code and standards adopted as part of any development agreement, specific plan, or planned development approval, the requirements of the development agreement or specific plan shall control.

Municipal Code Provisions. In the event of any conflict between requirements of this code and other regulations of the city, the community development director shall determine which provision shall control.

Private Agreements. It is not intended that the requirements of this code shall interfere with, repeal, abrogate or annul any easement, covenant, or other agreement that existed when this zoning code became effective. This code 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 an applicable 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.

E.

Zoning Map Boundaries. See Chapter 17.10 (Zoning Districts and Map).

F.

Allowable Uses of Land. See Section 17.12.030 (Allowable Land Uses and Permit Requirements).

(Ord. No. 1869, § 2, 2-20-2013)

Whenever the community development director determines that the meaning or applicability of any of the requirements of this code are subject to interpretation generally, or as applied to a specific case, the director may issue an official interpretation or refer the question to the planning commission for determination.

A.

Request for Interpretation. The request for an interpretation or determination shall be filed with the department and shall include specific provisions in question, and any other information necessary to assist the Department in their review.

B.

Appeals. Any interpretation of this code by the director or commission may be appealed in compliance with Chapter 17.70 (Appeals).

(Ord. No. 1869, § 2, 2-20-2013)