§ 22.02

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 of this Development Code and the Marin Countywide Plan.

(Ord. No. 3577, 2012)

A.

Authority. The Director 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 in this Development Code:

2.

Terminology. When used in this Development 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. "Including" means ". . . including but not limited to. . .".

3.

Number of days. Whenever a number of days is specified in this Development Code, or in any permit, condition of approval, or notice issued or given as provided in this Development 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 weekend or holiday acknowledged by the Board as a County-observed holiday.

4.

Minimum requirements. When the regulations of this Development Code are being interpreted and applied, all provisions shall be considered to be minimum requirements, unless stated otherwise (e.g., height limits, site coverage requirements for structures, and the numbers and size of signs allowed are identified as maximums, not minimums). Residential densities shall be construed as maximums, but not entitlements. For purposes of subdivision, the maximum allowable density shall be determined on a case-by-case basis.

C.

Calculations - Rounding. Where provisions of this Development Code 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 and number of lots. The fractional/decimal results of calculations of the number of parcels allowed through subdivision based on a minimum lot area requirement shall be rounded down to the next lowest whole number. For example, the R-1 zoning district minimum lot area requirement of 7,500 square feet would allow division of a 21,000 lot into two lots (21,000/7,500 = 2.66, rounded down to two).

2.

Residential density. When the number of housing units allowed on a site is calculated based on density limits established by a zoning district, any fraction of a unit shall be rounded up to the next whole unit.

3.

Floor Area Ratio (FAR). When calculating the allowable floor area of a structure based on the FAR established by the applicable zoning district, the fractional/decimal results of calculations shall be rounded to the next highest whole number.

4.

All other calculations. For all calculations required by this Development Code other than those described in Subsections C.1 and C.2 above, the fractional/decimal results of calculations shall be rounded to the next highest whole number.

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:

1.

Where zoning district boundaries approximately follow lot, alley, or street lines, the lot lines and street and alley centerlines shall be construed as the zoning district boundaries;

2.

If a zoning 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; and

4.

Any property not clearly designated on the Zoning Map in any of the zoning districts established by Section 22.06.020 (Zoning Districts Established) shall hereby be designated as being in the A2 (Agriculture, Limited) zoning district (Chapter 22.08 (Agricultural and Resource-Related Districts)).

E.

Allowable uses of land. If a proposed use of land is not specifically listed in Article II (Zoning Districts and Allowable Land Uses) the use shall not be allowed, except as follows:

1.

The Director may determine that a proposed use not listed in Article II (Zoning Districts and Allowable Land Uses) is allowable if all of the following findings are made:

a.

The characteristics of, and activities associated with, the proposed use are equivalent to those of one or more of the allowable uses listed in the zoning district;

b.

The proposed use will not involve a higher level of activity or population density than the uses listed in the zoning district;

c.

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

d.

The proposed use will be consistent with the goals, objectives and policies of the Marin Countywide Plan.

2.

When the Director determines that a proposed, but unlisted, use is equivalent to a listed allowable 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 Development Code apply.

3.

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

F.

Conflicting requirements.

1.

State and Federal Law. If conflicts occur between the requirements of this Development Code and Federal or State laws, Federal and State laws shall prevail.

2.

Private agreements. It is not intended that the requirements of this Development Code are to interfere with,

repeal, abrogate or annul any easement, covenant, or other agreement that existed when this Development Code became effective. This Development 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 a private agreement or restriction, without affecting the applicability of any agreement or restriction.

Many communities have private conditions, covenants, and restrictions (CC&Rs) administered by homeowners' associations. The County cannot enforce any private covenant or agreement unless it is a party to the covenant or agreement.

(Ord. No. 3577, 2012; Ord. No. 3819, § I(exh. A), 2024)

The Director shall respond in writing to any written request for interpretation of the provisions of this Development Code. Any member of the public may submit an interpretation request to the Director.

A.

Request for interpretation. The written request shall state the provision(s) in question, and provide any information that the Director deems necessary to assist in the review.

B.

Record of interpretations. Whenever the Director 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 Director may issue an official interpretation. Official interpretations shall be:

1.

In writing, and shall quote the provisions of this Development Code 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 Board, Commission, County Counsel, County Clerk, and Agency staff.

Any provisions of this Development Code that are determined by the Director to need refinement or revision will be corrected by amending this Development Code 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.

C.

Referrals. The Director may refer a written interpretation to the Commission for a determination.

(Ord. No. 3577, 2012)

ARTICLE II - ZONING DISTRICTS AND ALLOWABLE LAND USES Chapter 22.06 - Establishment of Zoning Districts