Chapter 17.12 — INTERPRETATION OF CODE PROVISIONS

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

(Code 1990, § 17.12.010; Ord. No. 14-02, § 4, 3-19-2014)

(a)

Authority. The Community and Economic Development Director is assigned the responsibility and authority to interpret the requirements of this chapter.

(b)

Language.

(1)

Abbreviated titles and phrases. For the purpose of brevity, the following phrases, personnel and document titles are shortened in this chapter. The community and Economic Development Director is referred to as "Director," the Planning and Economic Development Commission is referred to as the "Commission," and buildings and structures are referred to hereafter as "structures."

(2)

Number of days. Whenever a number of days is specified in this chapter, or in any permit, condition of approval, or notice issued or given as provided in this chapter, the number of days shall be construed as calendar days. Time limits will extend to 5:00 p.m. on the following working day where the last of the specified number of days falls on a weekend or holiday.

(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 or street lines, the lot lines and street centerline 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 is officially vacated or abandoned, the property that was formerly in the street will be included within the zoning district of the adjoining property on either side of the centerline of the vacated or abandoned street.

(d)

Allowable uses of land. If a proposed use of land is not specifically listed in Chapters 17.16 through 17.32, 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 chapter, e.g., home occupations allowed as an accessory use in all residential zoning districts by Chapter 17.52.

(2)

Similar uses allowed.

a.

Similar use determination. The Director may determine that a proposed use not listed in Chapters 17.16 through 17.32 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:

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;

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

The proposed use will be consistent with the goals, objectives and policies of the general plan and any specific plan.

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 of this chapter apply.

c.

Commission determination. The Director may forward questions about similar uses directly to the Commission for a determination at a public meeting.

(e)

Minimum requirements. When the regulations of this chapter 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).

(f)

Conflicting requirements.

(1)

Chapter and Code provisions. If conflicts occur between requirements of this chapter, or between this chapter and other regulations of the Town, the most restrictive shall control, unless otherwise specified.

(2)

Development agreements, specific plans, planned developments. If conflicts occur between the requirements of this chapter and standards adopted as part of any development agreement, specific plan, or master plan, the requirements of the development agreement, specific plan, or master plan shall control.

(3)

Chapter and subdivisions. If conflicts occur between the requirements of this chapter 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 Director 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 Town or injurious to property or improvements in the vicinity; or

b.

The characteristics and circumstances of the property and surrounding area 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 this chapter shall prevail.

(4)

Private agreements. This chapter 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 Town shall not enforce any private covenant or agreement unless it is a party to the covenant or agreement.

(Code 1990, § 17.12.020; Ord. No. 14-02, § 4, 3-19-2014; Ord. No. 15-01, § 4(exh. A, § 26), 1-21-2015; Ord. No. 20-13, exh. A(b), 11-18-2020)

If the Director determines that the meaning or applicability of any of the requirements of this chapter are subject to interpretation generally or as applied to a specific case, the Director may issue an official interpretation. Interpretations may also be requested in compliance with this section.

(1)

Request for interpretation. A request shall be written, specifically state the provisions in question, and provide any information to assist in their review.

(2)

Record of interpretations.

a.

Generally. Official interpretations shall be in writing and shall quote the provisions of this chapter being interpreted and explain their meaning or applicability in the particular or general circumstances that caused the need for interpretation.

b.

Corrections and amendments. Any provisions of this chapter that are determined by the Director to need refinement or revision should be corrected by amending this chapter as soon as is practical. Until amendments can occur, the Director 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.

(3)

Appeals and referral. Any interpretations of this chapter by the Director may be appealed to the Commission as provided by Chapter 17.100. The Director may also refer any interpretation to the Commission for a determination.

(Code 1990, § 17.12.030; Ord. No. 14-02, § 4, 3-19-2014)