Chapter 17.04 INTERPRETATION OF THE ZONING CODE

Chapter 17.04
INTERPRETATION OF THE ZONING CODE

Sections:

17.04.040 Conflicting uses and requirements.

17.04.010 Purpose.

The purpose of this chapter is to specify the authority and procedures for clarifying any ambiguity in this zoning code, and to ensure its consistent interpretation and application. (Ord. 24-01 §2(Exh. A-1)).

17.04.020 Rules of interpretation.

A. Authority. The director shall decide any questions involving the interpretation or application of any provision of this zoning code. However, any interpretation of the director may be appealed to the commission and the interpretation of the commission may be appealed to the council.

B. Language.

1. When used in this zoning code, the word "shall" is always mandatory and not discretionary. The word "should" is not mandatory but is strongly recommended. The word "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, and the plural the singular, unless the natural construction of the word indicates otherwise. The words "includes" and "including" shall not limit a term to the specific examples, but is intended to extend its meaning to all other instances or circumstances of like kind or character.

2. The word "city" shall mean the city of Kerman.

3. The word "council" shall mean the city council of the city of Kerman. The word "commission" shall mean the planning commission of the city of Kerman.

4. The word "director" shall mean the community development director of the city of Kerman or their designee. In the event that position title is modified, the word "director" shall refer to that position title and to the position responsible for implementing and enforcing this zoning code.

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 Saturday, Sunday, or city-recognized holiday.

D. Zoning Map Boundaries. See Section 17.06.040(B) (Uncertainty of Boundaries).

E. Allowable Uses of Land. See Division 2 (Zones, Allowable Uses and Development Standards).

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 interpreted to be to the applicable state law provisions as they may be amended from time to time. (Ord. 24-01 §2(Exh. A-1)).

17.04.030 Uses not classified.

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 Division 2 (Zones, Allowable Uses, and Development Standards), the use shall not be allowed, except as provided in subsection B of this section.

B. Classification of Uses. The council authorizes the director to make written findings on requests for a classification of use. In determining the use classification, the director must find that the use is substantially similar in character, intensity, and compatibility to a use or uses within the zone applicable to the property.

C. Applicable Standards and Permit Requirements. Based on this finding, the use shall be processed in the same manner as the similar use and shall be subject to the same standards and regulations. In such instances, the director may also initiate proceedings to update the zoning code to add the specific use under consideration.

D. Director Determination. By written determination, the director may approve, modify, or deny a classification of use. The decision of the director shall be final unless appealed to the commission. Said appeal shall be filed and processed in compliance with Chapter 17.114 (Appeals). (Ord. 24-01 §2(Exh. A-1)).

17.04.040 Conflicting uses and requirements.

A. Differences in Meaning. In case of difference of meaning or implication between the text of this zoning code and any other ordinance now in effect or hereafter adopted, or any caption within this zoning code, the text of this zoning code shall prevail.

B. Easements, Covenants, and Private Agreements. It is not the intention of this zoning code to interfere with or abrogate or annul any easements, covenants, or other agreements between parties. However, where this zoning code imposes a greater restriction upon the use of structures or parcels, or upon the height of buildings, or requires larger parcel areas than are required by other ordinances, rules, regulations or by easements, covenants or agreements, the regulations of this zoning code shall prevail. (Ord. 24-01 §2(Exh. A-1)).

17.04.050 Headings and illustrations.

A. Headings. The headings of the division, chapter, article, section, subsection, paragraph, subparagraph, sentence, clause, phrase, and portion thereof 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.

B. Illustrations and Diagrams. In case of a conflict between the zoning code text and any diagram, illustration, or image contained in this code, the text of this zoning code shall prevail. (Ord. 24-01 §2(Exh. A-1)).