This chapter establishes rules and procedures for interpreting the zoning code to ensure that it is applied and enforced in a consistent manner.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

The city council delegates to the community development director and the director's designees the authority to interpret the meaning and applicability of all provisions in the zoning code.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

Meaning and Intent. All language shall be construed according to the purpose and intent set out in Section 18.04.040 (Purpose of the Zoning Code).

B.

Minimum Requirements. The zoning code establishes minimum requirements for the promotion of the public health, safety, and general welfare. When the zoning code provides for discretion on the part of a city official or body, that discretion may be exercised to impose more stringent requirements as necessary to achieve the purpose and intent of the zoning code set out Section 18.04.040 (Purpose of the Zoning Code).

C.

Headings, Illustrations, and Text. In cases where text conflicts with any heading, table, or figure, the text controls.

D.

Lists and Examples. Unless otherwise specifically indicated, lists of items or examples that use terms such as "including," "such as," or similar language are intended to provide examples, not to be exhaustive lists of all possibilities.

E.

Computation of Time. References to days are calendar days unless otherwise stated. When business days are referenced, they shall include only days when City Hall is open. The end of a time period shall be computed by excluding the first day and including the last day. If the last day is a holiday observed by the city or a City Hall non-business day, that day shall be excluded.

F.

References to Other Regulations, Publications, and Documents. Whenever reference is made to a resolution, ordinance, regulation, or document, it shall be construed as a reference to the most recent edition of such resolution, ordinance, regulation, or document, unless specifically stated.

G.

Technical and Non-Technical Terms. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases that may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.

H.

Public Officials and Agencies. All public officials, bodies, and agencies to which references are made are those of the city of Morgan Hill, unless otherwise indicated.

I.

Mandatory and Discretionary Terms. The words "shall," "will," "must," and "is" are always mandatory. The words "may" and "should" are advisory and discretionary terms.

J.

Conjunctions. Unless the context clearly suggests the contrary, conjunctions shall be interpreted as follows:

1.

"And" means that all connected items, conditions, provisions, or events apply.

2.

"And/or" means that the connected words or provisions may apply singularly or in any combination.

3.

"Or" means that one or more of the connected items, conditions, provisions, or events may apply.

4.

"Either…or" means that the connected words or provisions shall apply singularly but not in combination.

K.

Tenses and Plurals. Words used in one tense (past, present, or future) include all other tenses, unless the context clearly indicates the contrary. The singular includes the plural, and the plural includes the singular.

L.

Terms Not Defined. In the event there is a term used in the zoning code that is not defined in this title, the community development director shall have the authority to provide a definition based upon intended meaning of the undefined term.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

Land Use Regulation Tables. Land use regulation tables in Part 2 (Zoning Districts and Overlay Zones) establish permitted land uses within each zoning district. Notations within these tables have the following meanings:

1.

Permitted Uses. A "P" means that a use is permitted by right in the zoning district and is not subject to discretionary review and approval.

2.

Conditionally Permitted Uses. A "C" means that a use requires approval of a conditional use permit. An "A" means that a use requires approval of an administrative use permit.

3.

Uses Not Allowed. A "-" means that a use is not allowed in the zoning district.

B.

Unlisted Land Uses.

1.

A land use not listed in a land use regulation table is not permitted if the use is listed as a permitted use in one or more other zoning districts. In such a case, the absence of the use in the land use regulation table means that the use is prohibited in the zoning district.

2.

For a proposed use unlisted in all land use regulation tables, the community development director may determine that the proposed use is equivalent to a permitted or conditionally permitted use if all of the following findings can be made:

a.

The use is similar to other uses allowed in the zoning district.

b.

The density or intensity of the use is similar to other uses in the zoning district.

c.

The use is compatible with permitted or conditionally permitted uses in the zoning district.

d.

The use will meet the purpose of the zoning district.

e.

The use is consistent with the goals and policies of the general plan.

f.

The use will not be detrimental to the public health, safety, or welfare.

3.

When the community development director determines that a proposed use is equivalent to a listed use, the proposed use shall be treated in the same manner as the listed use with respect to development standards, permits required, and all applicable requirements of the zoning code.

C.

Unlawful Uses. Uses that are unlawful under federal or state law are prohibited uses within Morgan Hill.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

Zoning Map Boundaries. Where uncertainty exists as to the boundaries of zoning districts as shown on the zoning map, the following rules apply:

1.

Boundaries shown as approximately following the centerlines of streets, highways, or alleys are construed to follow the centerlines.

2.

Boundaries shown as approximately following platted lot lines are construed as following the lot lines.

3.

Boundaries shown as approximately following city limits are construed as following city limits.

4.

Boundaries shown following railroad lines are construed to be midway between the main tracks.

5.

In unsubdivided property or where a zoning district boundary divides a parcel, the location of the boundary is determined by the use of the scale appearing on the zoning map.

6.

In case further uncertainty exists, the community development director shall determine the exact location of the boundaries. The director's decision may be appealed to the planning commission to determine the exact location of the boundaries.

B.

Parcels Containing Two or More Zoning Districts.

1.

For parcels containing two or more zoning districts ("split zoning"), the location of the zoning district boundary shall be determined by the community development director.

2.

For parcels containing two or more zoning districts, the regulations for each zoning district shall apply within the zoning district boundaries as identified on the zoning map.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

Requests for Interpretation. The community development director shall respond in writing to written requests for interpretation of the zoning code if the requested interpretation would substantially clarify an ambiguity which interferes with the effective administration of the zoning code. When the director makes such a determination, the following procedures apply:

1.

The request shall be in writing, shall identify the provision to be interpreted, and shall be accompanied by the fee identified in the latest planning fee schedule.

2.

The request shall provide any information that the director requires to assist in its review.

3.

The director shall respond to an interpretation request within thirty days of receiving a complete request.

B.

Form and Content of Interpretation. Official interpretations prepared by the director shall be in writing, and shall quote the zoning code provisions being interpreted. The interpretation shall describe the circumstance that caused the need for the interpretation.

C.

Official Record of Interpretations. An official record of interpretations shall be kept and updated regularly by the development services department. The record of interpretations shall be indexed by the number of the section that is the subject of the interpretation and made available for public inspection during normal business hours.

D.

Referral to Planning Commission. The director may refer any request for interpretation of the zoning code to the planning commission for review and interpretation.

E.

Appeals. Any official interpretation prepared by the Director may be appealed to the planning commission. The planning commission's interpretation may be appealed to the city council.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)