Chapter 17.12


17.12.010    Purpose

17.12.020    Applicability And Authority For Interpretations

17.12.030    Rules Of Interpretation

17.12.040    Record Of Interpretation

17.12.050    Appeals

17.12.060    Enforcement Procedures

17.12.010 Purpose:

The purpose of this chapter is to specify the authority and procedures for clarification of any ambiguity in the regulations of this title in order to ensure the consistent interpretation and application. (Ord. 473 §3, 2007)

17.12.020 Applicability And Authority For Interpretations:

If ambiguity arises concerning the meaning or applicability of the following provisions of this title, it shall be the responsibility of the planning 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 section:

A.    The classification of a particular use (see also section 17.26.030, "Similar Uses", of this title);

B.    The development standards applicable to a particular zoning district or use; or

C.    Zoning boundaries. (Ord. 473 §3, 2007)

17.12.030 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 the 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. 473 §3, 2007)

17.12.040 Record Of Interpretation:

Whenever the planning director determines that an ambiguity in a zoning regulation exists, the director shall issue an official interpretation. Official interpretations shall be in writing, and shall cite the provisions being interpreted, together with an explanation of the meaning or applicability of the provision(s) in the particular or general circumstances that caused the need for interpretation. Any provision determined by the planning director to be ambiguous pursuant to this section shall be clarified by amendment as soon as is practical. The planning director shall maintain a complete record of all official interpretations available for public review, indexed by the section number of this title that is the subject of the interpretation, including all interpretations made by the planning commission and city council. The applicant or property owner initiating the request for such interpretation shall receive a notice of action, including the record of interpretation and information regarding the city’s appeal procedures. All recorded interpretations shall be provided to the planning commission, city manager, city attorney, and city council as an information item within thirty (30) days of the planning director’s determination. (Ord. 473 §3, 2007)

17.12.050 Appeals:

Interpretations by the planning director may be appealed to the designated appeal authority pursuant to section 17.14.060, "Appeals", of this title. (Ord. 473 §3, 2007)

17.12.060 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: Enforcement of this code is the responsibility of the police chief. Working in partnership with the planning director, the police chief shall investigate all matters of municipal code violations, 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 applicable provisions of this code.

C.    Public Nuisance Declared: Any building or structure, or any use of property contrary to or in violation of this title is unlawful and is a public nuisance. All abatement and enjoinment proceedings shall be conducted in accordance with applicable regulations, as well as relevant provisions of state law. (Ord. 473 §3, 2007)