Chapter 17.04

Interpretation of the Zoning Code

The purpose of this chapter is to specify the authority and procedures for clarifying any ambiguity in the regulations of this Zoning Code, and to ensure its consistent interpretation and application. [Source: NEW]

• A. Authority. The Director has the authority to interpret any provision of this Zoning Code. Whenever the Director determines that the meaning or applicability of any Zoning Code requirement is subject to interpretation, the Director may issue an official interpretation. The Director may also refer any issue of interpretation to the Planning Commission for their determination. [Source: 17.01.050.A]

• B. Language. When used in this Zoning Code, the words "shall," "must," "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 "includes" and "including" shall mean "including, but not limited to." [Source: 17.01.050.B]

• C. Time Limits. Whenever a number of days is specified in this Zoning Code, or in any permit, condition of approval, or notice provided in compliance with this Zoning Code, the number of days shall be construed as calendar days. A time limit shall extend to the following working day where the last of the specified number of days falls on a day when Town offices are closed. [Source: 17.01.050.C]

• D. Zoning Map Boundaries. See Chapter 17.06 (Zones and Zoning Map). [Source: 17.01.050.D]

• E. Allowable Uses of Land. See Article 2 (Zones, Allowable Uses, and Development Standards). [Source: 17.01.050.E]

• F. State Law Requirements. Where this Zoning 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. [Source: 17.01.050.F]

• A. Uses Not Listed are Not Allowed. Since the language used in this Zoning Code is deemed permissive, if a proposed use of land is not specifically listed in Article 2 (Zones, Allowable Uses, and Development Standards), the

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17.04.050

use shall not be allowed, except as provided in Subsection B (Director's Determination), below. [Source: NEW]

• B. Director's Determination. Based on the authority granted in Section 17.04.020 (Rules of Interpretation), above, the Director may determine that a proposed land use that is not listed in Article 2 (Zones, Allowable Uses, and Development Standards) may be allowed. In making this determination, the Director shall first make all the following findings: [Source: NEW]

  1. The characteristics of, and activities associated with, the proposed use are equivalent to those of one (1) or more of the uses listed in the zone as allowed, and will not involve a greater level of activity, population density, intensity, dust, emissions, noise, odor, parking, traffic generation, or similar impacts than the uses listed in the zone;

  2. The proposed use is consistent with the purpose/intent of the zone that is applied to the location of the use;

  3. The proposed use will be consistent with the goals, objectives, and policies of the General Plan and/or any applicable area plan, community plan, or specific plan to the maximum extent practicable; and

  4. The proposed use is not specifically listed as allowed in any other zone(s).

• C. Applicable Standards and Permit Requirements. When the Director determines that a proposed but unlisted use is equivalent to a listed use, the proposed use shall be treated in the same manner as the listed use in determining where the use is allowed, what permits are required, and what development standards and requirements of this Zoning Code apply. Director determinations shall be considered official and are available to the public. [Source: NEW]

• A. Zoning Code and Town Code Provisions. If conflicts occur between requirements of this Zoning Code, or between this Zoning Code, the Town of Windsor Code, or other regulations of the Town, the most restrictive shall apply. [Source: 17.01.040.F.1]

• B. Development Agreements or Specific Plans. If conflicts occur between the requirements of this Zoning Code and standards adopted as part of any Development Agreement or applicable Specific Plan, the requirements of the Development Agreement or Specific Plan shall apply. [Source: 17.01.040.F.2]

• C. Private Agreements. This Zoning 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. The Town shall not enforce any private covenant or agreement unless it is a party to the covenant or agreement. [Source: 17.01.040.F.3]

• A. Headings. The headings of the articles, chapters, sections, subsections, paragraphs, subparagraphs, clauses, and subclauses of this Zoning Code, together with the accompanying illustrations, examples, and explanatory notes, are inserted as a matter of convenience and illustrative purposes only and in no way define, limit, or enlarge the scope or meaning of this Zoning Code or its provisions. [Source: NEW]

• B. Illustrations. In case of a conflict between the Zoning Code text and any diagram, illustration, or image contained in this Code, the text shall govern. [Source: NEW]

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TOWN OF WINDSOR CODE