§ 1500-02

This Chapter specifies the authority, procedures and rules for clarification of any ambiguity of this Zoning Code to ensure consistent interpretation and application.

(Ord. of 6-28-2022)

The Director shall have the authority to make formal interpretations of the meaning and applicability of all provisions of this Zoning Code when, in the opinion of the Director, an interpretation would substantially clarify an ambiguity which interferes with the effective administration of the Zoning Code.

(Ord. of 6-28-2022)

1500-02-030 - Procedures for Interpretation

A.

Request for Interpretation. A request for an interpretation of the Zoning Code shall be filed with the Planning Division on an official County application form. The application shall be filed with all required fees, materials, and other information deemed necessary by the Director to assist in the review.

B.

Response: The Director shall respond to a request for an interpretation within 30 days of receiving the request and any associated information deemed necessary.

C.

Record of Interpretation. Official interpretations prepared by the Director shall be in writing, shall cite the provision being interpreted, and shall describe the meaning or applicability of the provision as well as the circumstances that caused the need for the interpretation. The issuance of an interpretation shall also include a finding of consistency with the General Plan. The Planning Division shall maintain a complete record of all official interpretations available for public review.

D.

Referral to the Planning Commission. The Director may refer any interpretation of the Zoning Code to the Planning Commission for review and determination.

E.

Appeal. All actions of the Director and Planning Commission may be appealed pursuant to Section 150023-080.

(Ord. of 6-28-2022)

The following rules shall apply to the construction of language except where the context indicates a different meaning:

A.

Shall, Should and May. The words "shall", "will", "must", "are to" and "is to" are always mandatory. "Should" and "encouraged" are highly recommended and discretionary. "May" is advisory.

B.

Includes. The word "includes" shall not limit connected words or provisions to the specified example, but is intended to extend the meaning to all other instances or circumstances of like kind or character.

C.

And, Or and Either. The conjunction "and" indicates that all connected words or provisions shall apply. "and/or" and "or" indicate that the connected words or provisions may apply singularly or in any combination. "Either...or" indicates that the connected words or provisions shall apply singularly but not in combination.

D.

Tense. Words used in the present tense include the past and future tenses, and words used in the future tense include the past.

E.

Singular and Plural. Words used in the singular include the plural, and words used in the plural include the singular.

F.

Officials and Agencies. All references to public officials, departments, committees, commissions, boards or other public agencies are those of Sutter County, unless otherwise indicated.

G.

Headings. Article, chapter and section headings do not govern, limit, modify, or in any manner affect the scope, meaning, or intent of any provision.

H.

Illustrations. In the case of any conflict of meaning or implication between text and an illustration or caption, the text shall prevail.

I.

Calendar Days. All references to days are to calendar days, unless otherwise indicated. If a deadline falls on a weekend or holiday, or a day when County offices are closed, it shall extend to the next working day. The end of a time period shall be the close of business on the last day of the period.

(Ord. of 6-28-2022)

The following rules shall apply to the calculation of common measurements unless otherwise specified:

A.

General Rules

1.

Rounding of Fractions. Whenever the Zoning Code specifies distances, parking spaces, dwelling units, square feet, or other requirements in numerical quantities, the results of calculations containing a fraction of 0.5 or greater shall be rounded up to the nearest whole number, and fractions less than 0.5 shall be rounded down to the nearest whole number. Rounding provisions do not apply to minimum lot sizes, setbacks, building heights and other prescriptive development standards.

2.

Minimum Distance. When measuring a minimum distance, the measurement is made at the closest or shortest distance between the two specified locations (see Figure 1500-02-1).

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Figure 1500-02-1: Minimum Distance

3.

Horizontal Measurements. All horizontal distances are measured along a horizontal plane, and not measured following the topography of the land or other grade differentials (See Figure 1500-02-2).

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Figure 1500-02-2: Horizontal Distance

Measurements Involving a Structure. Measurements involving a structure are made to the closest support element of the structure (See Figure 1500-02-3).

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Figure 1500-02-3: Measurements Involving a Structure

5.

Vehicle Stacking and Travel Areas. Measurements for vehicle travel distances, such as stacking lanes, are measured at the centerline of the vehicle travel area (See Figure 1500-02-4).

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Figure 1500-02-4: Vehicle Stacking Distance

B.

Determining Specific Measurements

1.

Density. Is the number of dwelling units per gross acre. Allowed densities are assigned by the General Plan.

Lot Area, Gross. Is the area contained within the property lines of a lot, including up to the centerline of the street (See Figure 1500-02-5).

3.

Lot Area, Net. Is the area contained within the property lines of a lot, exclusive of public rights-of-way, canals, levees or other easements (See Figure 1500-02-5).

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Figure 1500-02-5: Lot Area

4.

Lot Width. Is the horizontal distance between side property lines, measured at the front setback line (See Figure 1500-02-6).

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Figure 1500-02-6: Lot Width

5.

Lot Coverage. Is the ratio of the total footprint area of all structures on a lot to the lot area, typically expressed as a percentage (See Figure 1500-02-7).

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Figure 1500-02-7: Lot Coverage

6.

Lot Frontage. Is the horizontal distance of a parcel contiguous with a street or street right-of-way, measured between side property lines. If a parcel has frontage on more than one street, the distance along one of the streets only may be used to calculate lot frontage. For lots located on the turnaround of a cul-de-sac, frontage is measured at the front setback line (See Figure 1500-02-8).

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Figure 1500-02-8: Lot Frontage

7.

Setback. Is the required distance that a building, structure, parking lot, or other designated feature must be located from the lot lines. Setbacks are measured as the horizontal distance between the nearest lot line and the closest point of the building, structure, parking lot or feature. Setback areas are also commonly referred to as 'yards" (See Figure 1500-02-9).

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Figure 1500-02-9: Setback

8.

Building Height. Is the vertical distance from the average level of the highest and lowest point of that portion of the lot covered by the building, to the highest point of the building roof, ridge, or parapet wall (See Figure 1500-02-10).

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Figure 1500-02-10: Building Height

C.

Determining Lot Lines

1.

Front Lot Line. Is the lot line separating a lot from a street right-of-way. The front lot line of a corner lot may face either street frontage, provided that the required rear yard setback is obtainable opposite from the designated front lot line (See Figure 1500-02-9). In cases where a lot does not have direct frontage on a street, the front lot line shall generally be the lot line that the primary facade of the building faces on, as determined by the Director.

2.

Rear Lot Line. Is that lot line, not intersecting a front lot line, which is most distant from and most closely parallel to the front lot line. If a rear lot line is less than ten (10) feet in length, or if the lot comes to a point at the rear, the rear lot line shall be deemed to be a ten (10) foot line parallel to the front lot line, lying wholly within the lot for the purposes of establishing the required minimum rear yard setback (See Figure 1500-029).

3.

Side Lot Line. Is any lot line that is not a front or rear lot line (See Figure 1500-02-9).

(Ord. of 6-28-2022)

The following rules shall apply to the determination of zoning district boundaries unless otherwise specified:

A.

Uncertainty in Boundaries. Where there is uncertainty about the location of any zoning district boundary shown on the Zoning Map, the following shall apply:

Zone boundaries shown approximately following the property line of a parcel shall be construed to follow the property line.

2.

Zone boundaries shown as following a street, alley or other right-of-way shall be construed to follow the centerline of the road or right-of-way.

3.

Where a public street or alley, or portion thereof, is officially abandoned, the property that was formally in the street or alley shall be included within the zoning district of the adjoining property on either side of the centerline of the abandoned street or alley.

4.

Zone boundaries that divide a parcel shall be determined by use of the scale appearing on the Zoning Map or adopted ordinance.

B.

Parcels with Multiple Zoning Districts. Where a parcel is covered by two or more zoning districts, the regulations of the parcel shall be consistent with the zoning district as shown on the subject portion of the parcel. If both zoning districts permit a single family residence, only one residence shall be permitted per legal parcel.

(Ord. of 6-28-2022)

Article 3 - Use Classifications Chapter - 1500-03