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

(Ord. 2043 § 1(part), 2004).

A.

Authority. The Community Development Director shall have the responsibility and authority to interpret the meaning and applicability of all provisions and requirements of this Zoning Code.

B.

Minimum requirements. The provisions of this Zoning Code shall be strictly interpreted and applied as minimum requirements (unless stated as maximums) for the promotion of the public health, safety, convenience, and general welfare.

C.

Language.

1.

Terminology. When used in this Zoning Code, the words "shall," "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 "include," "includes," and "including" mean "including but not limited to..." and the word "used" includes the words "arranged for, designed for, occupied, or intended to be occupied for."

2.

Abbreviated titles and phrases. For the purpose of brevity, and unless otherwise indicated, the following phrases, names of personnel, and decision making bodies are shortened in this Zoning Code in the following manner:

The City of Campbell is referred to as the "city."

The State of California is referred to as the "State."

The County of Santa Clara is referred to as the "county."

The City of Campbell Municipal Code is referred to as the "Municipal Code."

The California Subdivision Map Act is referred to as the "Map Act."

The United States Federal Government is referred to as "Federal."

3.

Number of days. Whenever a number of days is specified in this Zoning Code, or in any permit, condition of approval, or notice issued or given in compliance with this Zoning Code, the number of days shall be construed as calendar days, unless business days are specified. Time limits will extend to the following business day where the last of the specified number of days falls on a day that the city is not open for business, except as otherwise provided for by the Map Act.

4.

State law requirements. Where this Zoning Code references applicable provisions of State law (e.g., 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.

D.

Calculations—Rounding. Where provisions of this Zoning Code require calculations to determine applicable requirements, any fractional/decimal results of the calculations shall be rounded in compliance with this subsection.

1.

Minimum parcel area and number of parcels. The fractional/decimal results of calculations of the number of housing units allowed within a zoning district shall be rounded down to the next whole number.

2.

Residential density. The fractional/decimal results of calculations of the number of housing units allowed within a zoning district shall be rounded down to the next whole number.

3.

All other calculations. For all calculations required by this Zoning Code other than those described in subparagraphs (D)(1) and (D)(2) above, 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, unless otherwise specified.

E.

Conflicting requirements. Any conflicts between different requirements of this Zoning Code, or between this Zoning Code and other regulations, shall be resolved as follows:

1.

Zoning Code provisions. In the event of any conflict between the provisions of this Zoning Code, the most restrictive requirement shall control;

2.

Development agreements, overlay/combining district, area plan, neighborhood plan, or specific plans. In the event of any conflict between the requirements of this Zoning Code and standards adopted as part of any development agreement, overlay/combining district, area plan, neighborhood plan, or specific plan, the requirements of the development agreement, overlay/combining district, area plan, neighborhood plan, or specific plan shall control;

3.

Municipal Code provisions. In the event of any conflict between requirements of this Zoning Code and other regulations of the city, the most restrictive shall control; and

4.

Private agreements. It is not intended that the requirements of this Zoning Code shall interfere with, repeal, abrogate, or annul any easement, covenant, or other agreement that existed when this Zoning Code became effective. This Zoning 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 an applicable private agreement or restriction, without affecting the applicability of any agreement or restriction. The city shall not enforce any private covenant or agreement unless it is a party to the covenant or agreement.

F.

Allowable uses of land. If a proposed use of land is not specifically listed in Article 2 (Zoning Districts) the use shall not be allowed, except as follows:

1.

Similar uses allowed. The Community Development Director may determine that a proposed use not listed in Article 2 or specified by a master use permit authorized by Section 21.14.030.C (Master use permit) may be allowed as a permitted or conditional use, or is not allowed. A determination by the Community Development Director that a use is not allowed may be appealed in compliance with Chapter 21.62 (Appeals). In making this determination, the Community Development Director shall first find that:

a.

The characteristics of, and activities associated with the proposed use are equivalent to those of one or more of the uses listed in the zoning district as allowable, and will not involve a greater level of activity, dust, intensity, noise, parking, population density, or traffic generation than the uses listed in the zoning district;

b.

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

c.

The proposed use will be consistent with the goals, objectives, and policies of the General Plan and any applicable specific plan.

2.

Applicable standards and permit requirements. When the Community Development Director determines that a proposed, but unlisted use is equivalent to a listed use, the proposed use will be treated in the same manner as the listed use in determining where the use is allowed, what permits are required, and what other standards and requirements of this Zoning Code apply.

G.

Measurement of height and area requirements. When this Zoning Code requires that compliance to a standard is met by specific measurements and there is an ambiguity concerning the measurement, the Community Development Director shall make a determination as to the correct measurement.

H.

Gross floor area. When this Zoning Code specifies the maximum allowable floor area of a structure or a portion of a structure, the floor area shall be calculated on a "gross" basis, consistent with the definition of "Floor area, gross" provided in Chapter 21.72 (Definitions), unless otherwise specified.

(Ord. 2043 § 1(part), 2004; Ord. No. 2149, § 1(Exh. A), 6-7-2011; Ord. No. 2213, § 24, 11-1-2016; Ord. No. 2225, § 8, 8-15-2017; Ord. No. 2286, § 27, 8-16-2022; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

Whenever the Community Development Director determines that the meaning or applicability of any of the requirements of this Zoning Code are subject to interpretation generally, or as applied to a specific case, the Community Development Director may issue an official interpretation or refer the question to the Planning Commission for determination.

A.

Request for interpretation. The request for an interpretation or determination shall be made to the Community Development Department, shall include all information required by the Community Development Department, and the fee established by the city's fee resolution.

B.

Findings, basis for interpretation. The issuance of an interpretation by the Community Development Director shall include findings stating the basis for the interpretation. The basis for an interpretation may include technological changes or new industry standards. The issuance of an interpretation shall also include a finding documenting the consistency of the interpretation with the General Plan.

C.

Record of interpretations. Official interpretations shall be:

1.

Written, and shall quote the provisions of this Zoning Code being interpreted, and the applicability in the particular or general circumstances that caused the need for interpretations, and the determination; and

2.

Kept on file in the community development department.

Any provision of this Zoning Code that is determined by the Community Development Director to need refinement or revision will be corrected by amending this Zoning Code as soon as is practical. Until an amendment can occur, the Community Development Director will maintain a complete record of all official interpretations as an appendix to this Zoning Code, and indexed by the number of the chapter or section that is the subject of the interpretation.

D.

Referral of interpretation. (21.84.020) The Community Development Director has the option of forwarding any interpretation or determination of the meaning or applicability of any provision of this Zoning Code directly to the Planning Commission for consideration.

E.

Appeals. (21.84.020) Any interpretation of this Zoning Code by the Community Development Director or the Planning Commission may be appealed in compliance with Chapter 21.62 (Appeals).

(Ord. 2043 § 1(part), 2004; Ord. No. 2293, § 1(Exh. B), 5-2-2023)