Chapter 17.06
RULES OF INTERPRETATION
Sections:
17.06.020 Minimum requirements.
17.06.050 Differences of meaning.
17.06.060 Classification of uses.
17.06.010 General.
The city planner shall decide any questions involving the interpretation or application of any provision of this title. However, any interpretation of the city planner may be appealed to the planning commission and the interpretation of the planning commission may be appealed to the city council. (Ord. 90-02 §2(part), 1990).
17.06.020 Minimum requirements.
The regulations and development standards set forth in this title are the minimum requirements for the protection of the public safety, health, convenience, comfort, or general welfare. It is not the intention of this title to interfere with or abrogate or annul any easements, covenants, or other agreements between parties. However, where this title imposes a greater restriction upon the use of buildings or premises, or upon the height of buildings, or requires larger lot areas than are required by other ordinances, rules, regulations or by easements, covenants or agreements, the regulations of this title shall govern. (Ord. 90-02 §2(part), 1990).
17.06.030 Zone boundaries.
In the event of a difference or conflict between the text of this title and the zoning districts shown on the official zoning map, the designation(s) on the official zoning maps shall prevail.
Where uncertainty exists with respect to the boundaries of the various zones as shown on the official zoning map, the following rules shall apply:
A. Zone boundaries are either streets or alleys unless otherwise shown, and where the designations on the official zoning map indicate that various zones are approximately bounded by streets or alleys, said streets or alleys shall be construed to be the boundary of such zone.
B. Where doubt exists as to the location of a zone boundary in the interior of a block, the boundary shall be the nearest interior lot line existing at the effective date of the ordinance codified in this title or at the date when the property may have been subsequently rezoned.
C. Where the street layout on the ground or the lot lines differ from such layout or lines shown on the official zoning map, the matter shall be referred to the city planner to determine the exact boundary and the map shall be amended to conform to the layout on the ground. (Ord. 90-02 §2(part), 1990).
17.06.040 Language.
Where used in this title the word "shall" is always mandatory and not discretionary. The word "may" is permissive. The present tense includes the past and future tenses; and the future tense includes the present. The masculine gender includes the feminine and neuter. The singular number includes the plural, and the plural the singular. The word "includes" 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.
The word "city" shall mean the city of Kerman. The words "city council" and "council" shall mean the city council of the city of Kerman. The words "planning commission" and "commission" shall mean the planning commission of the city of Kerman. (Ord. 90-02 §2(part), 1990).
17.06.050 Differences of meaning.
In case of difference of meaning or implication between the text of this title and any other ordinance now in effect or hereafter adopted, or any caption, illustration or table within this title, the text of this title shall prevail. (Ord. 90-02 §2(part), 1990).
17.06.060 Classification of uses.
From time to time persons may desire to use property for purposes which are not specifically identified on the permitted or conditionally permitted use list of a zone district. In order to carry out the intent of this title and to accommodate such uses, the city council authorizes the planning commission to make findings on requests for a classification of use. In determining the use classification, the planning commission must find that the use is substantially similar in character, intensity and compatibility to a use or uses within the zone district applicable to the property. 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 city planner shall also initiate proceedings to update the zoning ordinance to add the specific use under consideration.
By resolution, the commission may approve, modify, or deny a classification of use. The decision of the commission shall be final unless appealed to the city council. Said appeal shall be in accordance with procedures identified in Chapter 17.22. (Ord. 90-02 §2(part), 1990).