Chapter 23.12


23.12.010    Purpose.

23.12.020    Applicability and authority for interpretations.

23.12.030    Rules of interpretation.

23.12.040    Official zoning interpretation.

23.12.050    Repealed.

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.

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. Planning Commission Routing and Action. The Development Services Director shall forward the official zoning interpretation to the Planning Commission as an action item at its next regularly scheduled Planning Commission meeting for Planning Commission approval or disapproval. The action on the interpretation shall not be final until after Planning Commission meeting and action.

2. General Routing. A copy of the official zoning interpretation shall be provided by the Development Services Director to the City Manager, City Attorney, City Council, and to the applicant, property owner, or interested party requesting the interpretation at the same time or prior to being provided to the Planning Commission. Such routing shall include a public notice identifying the pending action by the Planning Commission including the date it is scheduled to appear before the Commission.

3. Appeal. Planning Commission action on interpretations by the Development Services Director 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, official zoning interpretations shall be incorporated into this title by amendment as soon as is possible. [Ord. 24-2015 §11 (Exh. I), eff. 2-12-2016; Ord. 8-2011 §6(B), eff. 6-24-2011]

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]