Town of Truckee DC Chapter 18.03

Chapter 18.03 - Interpretation of Code Provisions

Sections:

18.03.010 - Purpose of Chapter
18.03.020 - Rules of Interpretation
18.03.030 - Procedures for Interpretations

18.03.010 - Purpose of Chapter

This Chapter provides rules for resolving questions about the meaning or applicability of any part of this Development Code. The provisions of this Chapter are intended to ensure the consistent interpretation and application of the provisions of this Development Code and the General Plan.

18.03.020 - Rules of Interpretation

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

B. Language.

1. Abbreviated titles and phrases. For the purpose of brevity, the following phrases, personnel and document titles are shortened hereafter in this Development Code. The Town of Truckee is referred to hereafter as the "Town." The Town of Truckee Development Code is referred to hereafter as "this Development Code." The Community Development Director is referred to hereafter as "Director," the Town Council is referred to as the "Council," the Planning Commission is referred to as the "Commission." "Buildings and structures" are referred to hereafter as "structures."

2. Terminology. When used in this Development 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 . . .". When used to describe the applicability of two or more requirements of this Development Code, the word "or" shall mean that compliance with any of the series is sufficient, and the words "and," and "and/or" shall mean that compliance with all of the series is required.

3. Number of days. Whenever a number of days is specified in this Development Code, or in any permit, condition of approval, or notice issued or given as provided in this Development Code, the number of days shall be construed as calendar days. Time limits will extend to the following working day where the last of the specified number of days falls on a weekend or holiday.

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

C. Calculations - Rounding. Where provisions of this Development Code require calculations to determine applicable requirements, any fractional/decimal results of the calculations shall be rounded as provided by this Subsection.

1. Minimum lot area, maximum density. The fractional/decimal results of calculations of the number of parcels or residential units allowed through subdivision or a land use permit based on a minimum lot area or maximum density requirement shall be rounded down to the next lowest whole number. For example, the RM-6 zoning district would allow a parcel to be proposed for development with up to six dwellings per acre of site area, which would allow up to 15 dwelling units on a 2.6 acre parcel (6 x 2.6 = 15.6, rounded down to 15).

2. All other calculations. For all calculations required by this Development Code other than those described in Subsection C.1 above or in another section stating the calculations for a specific development standard, the fractional/decimal results of calculations shall be rounded to the next highest whole number when the fraction/ decimal is 0.5 or more, and to the next lowest whole number when the fraction is less than 0.5.

D. 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. (See also 18.06.040, Zoning District Regulations).

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.

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.

E. Allowable uses of land. If a proposed use of land is not specifically listed in Article II, the use shall not be allowed, except as follows.

1. Allowed by other section. The proposed use of land is specifically allowed by another section of this Development Code, e.g. home occupations allowed as an accessory use in all residential zoning districts by Section 18.58.120.

2. Similar uses allowed.

a. Similar use determination. The Director may determine that a proposed use not listed in Article II is allowable for the purpose of accepting a land use permit application for processing, and the review authority may approve an application for an unlisted use, if all of the following findings are made:

1. The characteristics of, and activities associated with, the proposed use are similar to 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 population density than the uses listed in the district;

2. The proposed use will meet the purpose/intent of the zoning district that is applied to the site; and

3. The proposed use will be consistent with the goals, objectives and policies of the General Plan and any Specific Plan.

b. Applicable standards and permit requirements. When the review authority 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 Development Code apply.

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

F. Minimum requirements. When the regulations of this Development Code are being interpreted and applied, all provisions shall be considered to be minimum requirements, unless stated otherwise (e.g., height limits and site coverage requirements for structures, and the numbers and size of signs allowed are maximums, not minimums).

G. Conflicting requirements:

1. Development Code provisions. In the event of any conflict between the zoning district regulations of Article II and the provisions of Article III (Site Planning and General Development Standards), the provisions of Article III shall control.

2. Development Code and Municipal Code provisions. If conflicts occur between requirements of this Development Code, or between this Development Code and other regulations of the Town, the most restrictive shall control.

3. Development Agreements, Specific Plans, Planned Developments. If conflicts occur between the requirements of this Development Code and standards adopted as part of any Development Agreement, Specific Plan, or Planned Development, the requirements of the Development Agreement, Specific Plan, or Planned Development shall control.

4. Development Code and Subdivisions. If conflicts occur between the requirements of this Development Code and any conditions of approval, restrictions, or other provisions imposed by a subdivision map, the conditions of approval, restrictions, and provisions of the subdivision map shall control unless the Director finds (a) the conditions of approval, restrictions, or other provisions of the subdivision map would be detrimental to the public health, safety, or welfare of the Town or injurious to property or improvements in the vicinity; or (b) the characteristics and circumstances of the property and surrounding area and/or the project have substantially changed and clearly demonstrate that the conditions of approval, restrictions, or other provisions of the subdivision map are no longer necessary. In these cases, the requirements of the Development Code shall prevail.

5. Private agreements. This Development 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.

18.03.030 - Procedures for Interpretations

If the Director determines that the meaning or applicability of any of the requirements of this Development Code are subject to interpretation generally or as applied to a specific case, the Director may issue an official interpretation. Interpretations may also be requested in compliance with this Section.

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

B. Record of interpretations. Official interpretations shall be:

1. In writing, and shall quote the provisions of this Development Code 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 Council, Commission, Town Attorney, Town Manager and Department staff.

Any provisions of this Development Code that are determined by the Director to need refinement or revision should be corrected by amending this Development Code as soon as is practical. Until amendments can occur, the Director will 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.

C. Appeals and referral. Any interpretations of this Development Code by the Director may be appealed to the Commission as provided by Chapter 18.140 (Appeals). The Director may also refer any interpretation to the Commission for a determination.