Chapter 23.12
INTERPRETATION AND ENFORCEMENT OF TITLE 23
Sections:
23.12.020 Applicability and authority for interpretations.
23.12.030 Rules of interpretation.
23.12.040 Official zoning interpretation.
23.12.045 Similar use determination.
23.12.060 Enforcement procedures.
23.12.010 Purpose.
The purpose of this chapter is to specify the authority and procedures for clarification of ambiguity in the regulations of this title in order to ensure consistent interpretation and application. [Ord. 26-2006 §3, eff. 8-11-2006]
23.12.020 Applicability and authority for interpretations.
If ambiguity arises concerning the meaning or applicability of the provisions of this title, it shall be the responsibility of the Development Services Director to review pertinent facts, determine the intent of the provision, and to issue an administrative interpretation of said provision(s) as specified in this chapter:
A. The classification of a particular use (see EGMC Section 23.26.020(E), Uses Not Listed/Similar Uses);
B. The development standards applicable to a particular zoning district or use; or
C. Zoning boundaries. [Ord. 24-2015 §11 (Exh. I), eff. 2-12-2016; Ord. 26-2006 §3, eff. 8-11-2006]
23.12.030 Rules of interpretation.
A. Terminology. When used in this title, the following rules apply to all provisions of this title:
1. Language. 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.
2. Tense and Number. The present tense includes the past and future tense, 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 words indicates otherwise.
3. Conjunctions. “And” indicates that all connected items or provisions shall apply. “Or” indicates that the connected items or provisions may apply singly or in any combination. “Either … or” indicates that the connected items and provisions shall apply singly but not in combination. “Includes” and “including” shall mean “including but not limited to…”
B. Zoning Regulations. Any list of any item, including zones or uses, is exclusive. If a use or other item is not listed, it is not permitted.
C. Number of Days. Whenever a number of days is specified in this title, or in any permit, condition of approval, or notice issued or given as provided in this title, the number of days shall be construed as calendar days. When the last of the specified number of days falls on a weekend or City holiday, time limits shall extend to the end of the next working day.
D. Minimum Requirements. When interpreting and applying the regulations of this title, all provisions shall be considered to be minimum requirements, unless specifically stated otherwise. [Ord. 26-2006 §3, eff. 8-11-2006]
23.12.040 Official zoning interpretation.
A. Applicability and Authority to Prepare. Whenever the Development Services Director determines that an ambiguity in a zoning regulation exists, or a formal request for an interpretation is made by an applicant, property owner, or interested party to the Development Services Director, the Development Services Director shall prepare an official zoning interpretation as described herein.
B. Official Zoning Interpretation Defined – Threshold for Preparation of Official Zoning Interpretation. An official zoning interpretation is a recorded decision on the meaning and/or application of the development standards, allowed use regulations, or other standards contained within this title. An official zoning interpretation is only prepared to address an ambiguity and is not prepared as part of the normal application of the code in review of development applications and zoning clearance/plan check. It is not used to determine if a proposed use is similar to another use listed in this title as such determinations are made through the similar use determination process described in EGMC Section 23.12.045 (Similar use determination).
C. Content of Official Zoning Interpretation. Official zoning interpretations shall be prepared by the Development Services Director, in writing, and shall cite the provisions being interpreted, together with any explanation of the meaning or applicability of the provision(s) in the particular or general circumstances that caused the need for the interpretation.
D. Procedure for Interpretations.
1. Development Services Director Action. The Development Services Director shall prepare the draft official zoning interpretation and place it, along with any relevant supporting information, as a regular agenda item on the next available Planning Commission agenda.
2. Planning Commission Review and Action. The Planning Commission shall review the draft official zoning interpretation and, based upon the materials and information presented at the meeting, either affirm, affirm with modification, or deny the interpretation.
3. Appeal. Official zoning interpretations may be appealed to the City Council pursuant to EGMC Section 23.14.060 (Appeals). Appeals of official zoning interpretations are not subject to appeal fees.
E. Keeping of Official Zoning Interpretations. The Development Services Director shall maintain a complete record of all official interpretations available for public review, indexed by the chapter number of this title that is the subject of the interpretation.
F. Codification of Official Zoning Interpretations. To the extent practical and appropriate, official zoning interpretations shall be incorporated into this title by amendment as soon as is possible. [Ord. 16-2021 §4 (Exh. B), eff. 9-10-2021; Ord. 24-2015 §11 (Exh. I), eff. 2-12-2016; Ord. 8-2011 §6(B), eff. 6-24-2011]
23.12.045 Similar use determination.
A. Applicability. All possible land uses may not be listed within the provisions of this title, and new uses may evolve over time. When a particular use is not specifically listed in this Zoning Code and it is unclear whether the use is permitted, the provisions established in this section allow the approving authority, to determine whether or not a proposed use is substantially similar to another use already listed in this title and whether such proposed use may be allowed in a particular zoning district.
B. Approving Authority. The Development Services Director shall be the designated approving authority for similar use determinations.
C. Procedure. The issuance of a similar use determination is an administrative function and no public hearing or notice is required. The determination may be appealed to the Planning Commission subject to the procedures of EGMC Section 23.14.060 (Appeals).
D. Approval Findings. In determining if a proposed use is substantially similar to another listed use, the approving authority shall make all of the following findings:
1. The characteristics of and activities associated with the proposed use are equivalent to one (1) or more of the listed uses and will not involve a higher level of activity or density than the uses listed in the zoning district (e.g., traffic, hours of operation, intensity of use, population density);
2. The proposed use will be consistent with the purposes of the applicable zoning district; and
3. The proposed use will be consistent with the General Plan, any applicable specific plan, and the Zoning Code.
E. Documentation of Determination. Determinations shall be made in writing and shall contain the facts that support the determination. The City shall maintain all such determinations on record for review by the general public upon request. The decision shall be provided, in writing, to the applicant, interested parties, and decision-makers. The notice shall include:
1. A brief statement explaining the criteria and standards considered relevant to the decision;
2. A statement of the standards and facts relied upon in rendering the decision; and
3. Statement of appeal rights and appeal deadlines.
F. Keeping of Similar Use Determinations. The Development Services Director shall maintain a complete record of all similar use determinations and make them available for public review. [Ord. 16-2021 §4 (Exh. B), eff. 9-10-2021]
23.12.050 Appeals.
Repealed by Ord. 8-2011. [Ord. 49-2008 §3, eff. 11-21-2008; Ord. 26-2006 §3, eff. 8-11-2006]
23.12.060 Enforcement procedures.
A. Purpose and Intent. The purpose of these provisions is to identify enforcement authority and provisions for enforcement of this title.
B. Action on Violations. Municipal code enforcement is the responsibility of the Code Enforcement Division. Working in partnership with the Development Services Director, the Code Enforcement Division shall investigate all alleged violations of the municipal code and violations of conditions of approval of land use and development permits issued under this title, and if it is the opinion that a violation does exist, shall notify the owner of the property involved to show cause why the violation should not cease. The property owner notification process, administrative citation process, and administrative appeals shall be conducted pursuant to EGMC Section 1.04.040 and EGMC Chapters 1.11, 1.12, and 16.18.
C. Public Nuisance Declared. Any building or structure, or any use of property contrary to or in violation of this title or condition of approval of land use and development permits issued under this title is unlawful and is a public nuisance. All abatement and enjoinment proceedings shall be conducted in accordance with EGMC Section 1.04.040 and EGMC Chapters 1.11, 1.12, and 16.18, as well as relevant provisions of State law. Additionally, should a violation of a condition of approval of a land use and development permit not be corrected in a reasonable time frame, the City (by initiation of any of the City’s designated planning agencies as identified in EGMC Section 23.10.020, Composition of Elk Grove Planning Agency) may undertake proceedings to revoke the permit in accordance with EGMC Chapter 23.20 (Modification and Revocation). [Ord. 24-2015 §11 (Exh. I), eff. 2-12-2016; Ord. 8-2011 §6(D), eff. 6-24-2011]