Article 1 — Chapter 17.06

INTERPRETATION

Sections:

17.06.010 Purpose. This Section provides rules for resolving questions about the meaning or applicability of any part of this Zoning Ordinance. The provisions of this section are intended to ensure the consistent interpretation and application of the provisions of this Zoning Ordinance to achieve compliance with the General Plan.

A. Authority. The Director is assigned the responsibility and authority to interpret the requirements of this Zoning Ordinance.

B. Language.

1. Terminology. When used in this Zoning Ordinance, the words “shall,” “must,” “will,” “is to,” and “are to” are always mandatory. “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.” 2. Abbreviated titles and phrases. For the purpose of brevity, the following phrases, personnel, and document titles have been shortened in this Zoning Ordinance. Tuolumne County is referred to as the “County.” Tuolumne County’s Zoning Ordinance is

referred to as “this Ordinance.” The Community Development Department Director is referred to hereafter as “Director,” the Board of Supervisors is referred to as the “Board,” the Planning Commission is referred to as the “Commission.” “Buildings and structures” are referred to hereafter as “structures.” An “allowable use” means those uses permitted or conditionally permitted in the district in which a property is located.

Number of days. Whenever a number of days is specified in this Zoning Ordinance, or in any permit, condition of approval, or notice issued or given as provided in this Zoning Ordinance, the number of days shall be construed as calendar days unless specifically stated otherwise. Time limits will extend to the close of business on the following working day where the last of the specified number of days falls on a weekend or holiday observed by the County.

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:

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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; and

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.

D. Allowable uses of land. If a proposed land use is not specifically listed in the regulations of the district in which a property is located, the use shall not be allowed, except as follows:

1. Similar uses allowed. The Director may determine that a proposed use not listed is allowable if all of the following findings are made:

a. The characteristics of activities associated with, and potential land use impacts of, the proposed use are consistent with 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 impact than the uses listed in the district; b. The proposed use will meet the purpose and intent of the zoning

district that is applied to the site; and c. The proposed use will be consistent with the goals, objectives, and policies of the General Plan and any other applicable adopted plan. This provision shall not constrain the Director from requiring an application for rezoning and/or Zoning Ordinance amendment where either is appropriate.

2. Applicable standards and permit requirements. When the Director 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 Zoning Ordinance apply.

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

• E. Conflicting requirements.

1. Zoning Ordinance and County Code provisions. If conflicts occur between requirements of this Zoning Ordinance, or between this Zoning Ordinance and other regulations of the County, including approved Final Subdivision Maps, the most restrictive shall apply, unless specifically stated otherwise. 2. Development Agreements or Specific Plans. If conflicts occur between the

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requirements of this Zoning Ordinance and standards adopted as part of any Development Agreement or other adopted area-wide or Specific Plan, the requirements of the Development Agreement or adopted plan shall apply, unless specifically stated otherwise. 3. Private agreements. The County shall not enforce any private covenant or agreement unless it is a party to the covenant or agreement. No regulation in this Zoning Ordinance shall be construed to supersede more restrictive use or development standard regulations contained in the Conditions, Covenants, and Restrictions of any property. However, in no case shall uses be allowed beyond those allowed by the Zoning Ordinance.

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

Whenever the Director determines that the meaning or applicability of any of the requirements of this Zoning Ordinance are subject to interpretation generally or as applied to a specific case, the Director may

issue an official interpretation. The public, in compliance with this section, may also request interpretations.

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

B. Record of interpretations. Any provisions of this Zoning Ordinance that are determined by the Director to need refinement or revision shall be corrected by updating this Zoning Ordinance as soon as is practical. Until amendments occur, the Director shall 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. Official interpretations shall be:

1. In writing, and shall quote the provisions of this Zoning Ordinance 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, Board Clerk, and Department staff.

C. Appeals and referral. Any interpretations of this Zoning Ordinance by the Director may be appealed to the Commission or Board as provided by Chapter 17.102 (Appeals). The Director may also refer any interpretation to the Commission for a determination.

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