HomeMy Public PortalAboutTitle 18 Article 1TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE
ARTICLE I
Development Code Enactment
and Applicability
Chapter 18.01 - Purpose and Effect of Development Code ......................................................... I-3
18.01.010 - Title ....................................................................................................................... I-3
18.01.020 - Purposes of Development Code ............................................................................ I-3
18.01.030 - Authority, Relationship to General Plan ...............................................................I-4
18.01.040 - Applicability of the Development Code ............................................................... I-4
18.01.050 - Responsibility for Administration ......................................................................... I-7
18.0 1.060 - Partial Invalidation of Development Code ............................................................ I-7
Chapter 18.02 - Development and Land Use Approval Requirements ...................................... I-9
18.02.010 -
18.02.020 -
18.02.030 -
18.02.040 -
18.02.050 -
Purpose of Chapter ............................................................................................... 1-9
Requirements for Development and New Land Uses ........................................... I-9
Exemptions from Land Use Permit Requirements .............................................. 1-10
Temporary Uses .................................................................................................. 1-13
Additional Permits or Approvals May be Required ............................................ 1-13
Chapter 18.03 - Interpretation of Code Provisions ................................................................... I- 15
18.03.010
18.03.020
18.03.030
Purpose of Chapter ............................................................................................. 1-15
Rules of Interpretation ........................................................................................ 1-15
Procedures for interpretations ............................................................................. I- 18
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Contents
TRUCKEE MUNICIPAL CODE - TITLE ! 8, DEVELOPMENT CODE
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TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE
Purpose and Effect of Code
18.01
CHAPTER 18.01 - PURPOSE AND EFFECT
OF DEVELOPMENT CODE
Sections:
18.01.010-
18.01.020 -
18.01.030 -
18.01.040 -
18.01.050 -
18.01.060 -
Title
Purposes of Development Code
Authority, Relationship to General Plan
Applicability of the Development Code
Responsibility for Administration
Partial Invalidation of Development Code
18.01.010 - Title
This Title is and may be cited as the Town of Truckee Development Code, Title 18 of the Truckee
Municipal Code, hereafter referred to as "this Development Code."
18.01.020 - Purposes of Development Code
This Development Code carries out the policies of the Truckee General Plan by classifying and
regulating the uses of land and structures within the Town of Truckee. This Development Code is
adopted to protect and to promote the public health, safety, comfort, convenience, prosperity, and
general welfare of residents, and businesses in the Town. Additional purposes of this Development
Code are to:
A. ImpLement the General Plan by encouraging the uses of land designated by the General Plan;
B. Provide standards for the orderly growth and development of the Town that will maintain its
established historic, small town, and open space characteristics;
C. Require high quality planning and design for development, that enhances the visual character of
the Town, avoids conflicts between land uses, and preserves the scenic qualities of the Town by
maintaining adequate open space;
D. Conserve and protect the natural resources of the Town, its natural beauty and significant
environmental amenities;
E. Assist in reducing dependence on the automobile by fostering development that is compact in
form, and pedestrian-oriented;
F. Create a comprehensive and stable pattern of land uses upon which to plan transportation, water
supply, sewerage and other public facilities and utilities; and
G. Provide regulations for the subdivision of land in compliance with the Subdivision Map Act, Title
7, Section 4, Division 2 of the California Government Code.
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TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE
Purpose and Effect of Code
18.01
18.01.030 - Authority, Relationship to General Plan
This Development Code is enacted based on the authority vested in the Town of Truckee by the
State of California, including but not limited to the State Constitution; Sections 65800 and
subsequent sections of the California Government Code; the California Environmental Quality
Act; Subdivision Map Act; and the Health and Safety Code.
This Development Code is the primary tool used by the Town of Truckee to carry out the goals,
objectives, and policies of the Truckee General Plan. The Truckee Town Council intends that this
Development Code be consistent with the Truckee General Plan, and that any land use,
subdivision, or development approved in compliance with this Development Code will also be
consistent with the Truckee General Plan.
18.01.040 - Applicability of the Development Code
This Development Code applies to all land uses, structures, subdivisions, lot line adjustments, and
development within the Town of Truckee, as follows.
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New land uses or structures, changes to land uses or structures. It shall be unlawful, and a
violation of this Development Code, for any person to establish, construct, reconstruct, alter, or
replace any use of land or structure, except in compliance with the requirements of Section
18.02.020 (Requirements for Development and New Land Uses), and Chapter 18.130
(Nonconforming Uses, Structures, and Parcels).
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Issuance of construction permits. No building, grading, or other construction permit, temporary
or final certificate of occupancy, or final building inspection may be issued or granted by the
Department unless:
1. The proposed land use and/or structure satisfies the requirements of Subsection A. above;
The Director determines that the parcel was legally created in compliance with the
Subdivision Map Act and Article V (Subdivisions), as applicable at the time the parcel was
created, or Chapter 18.86 (Lot Line Adjustments); and
All conditions and requirements of any applicable land use permit have been met or
guaranteed by security approved by the Town.
Subdivision of land. Any subdivision of land proposed within the Town of Truckee after the
effective date of this Development Code shall be consistent with the general development
requirements of Article II (Zoning Districts and Allowable Land Uses), the subdivision
requirements of Article V (Subdivisions), and all other applicable requirements of this
Development Code. Lot line adjustments shall comply with Chapter 18.86 (Lot Line
Adjustments).
Occupancy of a site, structure, or vehicle for dwelling purposes. No land, structure, or vehicle
shall be used for living or dwelling purposes for more than two weeks in any calendar year unless
the land, structure, or vehicle is approved for occupancy for dwelling purposes in compliance with
this Development Code.
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TRUCKEE MUNICIPAL CODE - TITLE 1 8, DEVELOPMENT CODE
Purpose and Effect of Code
18.01
to
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Continuation of an existing land use. An existing land use is lawful and not in violation of the
Truckee Municipal Code only when operated and maintained in compliance with all applicable
provisions of this Development Code or, where applicable, Chapter 18.130 (Nonconforming Uses,
Structures, and Parcels). However, the requirements of this Development Code are not retroactive
in their effect on a land use that was lawfully established before the effective date of this
Development Code or any applicable amendment.
Effect of Development Code changes on projects in progress. The enactment of this
Development Code or amendments to its requirements may impose different standards on new
land uses than those that applied to previous development (For example, this Development Code
or a future amendment could require more off-street parking spaces for a particular land use than
former Nevada County Land Use and Development Code or Truckee Zoning Ordinance
provisions). The following provisions determine how the requirements of this Development Code
apply to land use permit and subdivision applications for projects in progress at the time
requirements are changed.
Projects with pending applications. All applications that have been determined by the
Director to be complete in compliance with Section 18.70.060 (Initial Application
Review/Environmental Assessment) before the effective date of this Development Code
or any amendment, will be processed according to the requirements in effect when the
application was accepted as complete, provided that the applicant complies with all requests
for information, and proceeds with any necessary arrangements for the preparation and
completion of environmental documents, within 90 days of a written request from the
Town. Applications for land use permit or Tentative Map extensions of time (see Sections
18.84.050 and 18.96.150, respectively) shall be consistent with the requirements of this
Development Code that are in effect when the time extension application is accepted as
complete.
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Approved projects not yet under construction. Any approved development for which
construction has not begun as of the effective date of this Development Code or
amendment, may still be constructed as approved, as long as all of the following standards
are met:
Required Building Permits have been obtained before the expiration of any applicable
land use permit (Section 18.84.050, Time Limits, Phasing, and Extensions) or, where
applicable, before the expiration of any approved time extension granted under
Section 18.84.050;
Construction is determined by the Director to be diligently pursued before the
expiration of any applicable land use permit (Section 18.84.050, Time Limits,
Phasing, and Extensions) or, where applicable, before the expiration of any approved
time extension granted under Section 18.84.050. For the purposes of this section,
diligent pursuit shall require, at a minimum, completion of all on-site grading in
compliance with an approved grading plan or, if no grading is required, the
installation of the foundation for all structures on the parcels;
The use of the property including the construction of all buildings and structures and
other features of the project as shown on the approved permit shall be completed
before the expiration of any applicable land use permit (Section 18.84.050, Time
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TRUCKEE MUNICIPAL CODE- TITLE 18, DEVELOPMENT CODE
Purpose and Effect of Code
18.01
Limits, Phasing, and Extensions) or, where applicable, before the expiration of any
approved time extension granted under Section 18.84.050;
The use of the property including the construction of all buildings and structures and
other features of the project as shown on the approved permit shall comply with the
requirements of the Development Code in effect at the time of the approved land use
permit; and
e. The Director may approve minor changes to the project based on compliance with the
requirements and standards of this Development Code if the changes:
Do not involve a feature of the project that was specifically addressed or was
a basis for findings in a negative declaration or environmental impact report
(EIR) for the project;
Do not involve a feature of the project that was specifically addressed or was
a basis for conditions of approval for the project or that was a specific
consideration by the review authority in the approval of the permit; and
3. Do not involve a substantial change to the site plan or the building design.
For example, the Director may approve minor changes to the number, design, and/or
specifications of parking spaces if such changes are consistent with the parking
requirements of this Development Code, parking was not specifically identified in the
staff report as an issue for discussion, and parking was not specifically considered by
the review authority as an issue for discussion or deliberation.
Approved projects not requiring construction. Any approved land use not requiring
construction that has not been established as of the effective date of this Development Code
or amendment, may still be established in compliance with its approved permit, as long as
all of the following standards are met:
The use of the property as shown on the approved permit shall be established before
the expiration of any applicable land use permit (Section 18.84.050, Time Limits,
Phasing, and Extensions) or, where applicable, before the expiration of any approved
time extension granted under Section 18.84.050;
The use of the property as shown on the approved permit shall comply with the
requirements of the Development Code in effect at the time of the approved land use
permit; and
c. The Director may approve minor changes to the project based on compliance with the
requirements and standards of this Development Code if the changes:
Do not involve a feature of the project that was specifically addressed or was
a basis for findings in a negative declaration or environmental impact report
(EIR) for the project;
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Purpose and Effect of Code
18.01
Do not involve a feature of the project that was specifically addressed or was
a basis for conditions of approval for the proejct or that was a specific
consideration by the review authority in the approval of the permit; and
3. Do not involve a substantial change to the site plan or the building design.
Approved subdivisions not yet recorded. Any approved subdivision for which a Parcel
or Final Map has not been recorded as of the effective date of this Development Code or
amendment, may still have a Parcel or Final Map recorded in compliance with the approved
Tentative Map, as long as recordation occurs before the expiration of the Tentative Map
(Section 18.96.130, Tentative Map Time Limits) or, where applicable, before the expiration
of any approved time extension granted under Section 18.96.150 (Extensions of Time for
Tentative Maps).
Projects under construction. A structure that is under construction on the effective date
of this Development Code or any amendment, need not be changed to satisfy any new or
different requirements of this Development Code, provided that the approved use of the site
shall be established, including the completion of all structures and other features of the
project as shown on the approved permit, before the expiration of any applicable land use
permit, or time extension granted in compliance with Section 18.84.050 (Time Limits,
Phasing, and Extensions).
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Other requirements may still apply. Nothing in this Development Code eliminates the need for
obtaining any other permits required by the Town, or any permit, approval or entitlement required
by other provisions of the Municipal Code or the regulations of any Town department, or any
County, regional, State, or Federal agency.
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Conflicting permits and licenses to be void. All permits or licenses shall be issued by the Town
in compliance with the provisions of this Development Code. Any permit or license issued in
conflict with this Development Code shall be void.
18.01.050 - Responsibility for Administration
This Development Code shall be administered by the Truckee Town Council, Planning Commission,
Zoning Administrator, Community Development Director, and the Truckee Community Development
Department, in compliance with Chapter 18.120 (Administrative Responsibility).
18.01.060 - Partial Invalidation of Development Code
If any portion of this Development Code is for any reason held to be invalid, unconstitutional or
unenforceable by a court of competent jurisdiction, these decisions shall not affect the validity of the
remaining portions of this Development Code. The Truckee Town Council hereby declares that this
Development Code and each article, chapter, section, subsection, paragraph, subparagraph, sentence,
clause, phrase and portion thereof would have been adopted irrespective of the fact that one or more
portions of this Development Code may be declared invalid, unconstitutional or unenforceable.
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TRUCKEE MUNICIPAL CODE- TITLE 18, DEVELOPMENT CODE
Purpose and Effect of Code
18.01
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TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE
Development and Land Use Approval Requirements
18.02
CHAPTER 18.02 - DEVELOPMENT AND LAND USE APPROVAL
REQUIREMENTS
Sections:
18.02.010 - Purpose of Chapter
18.02.020 - Requirements for Development and New Land Uses
18.02.030 - Exemptions from Land Use Permit Requirements
18.02.040 - Temporary Uses
18.02.050 - Additional Permits or Approvals May Be Required
18.02.010 - Purpose of Chapter
This Chapter describes the general requirements of this Development Code for the approval of proposed
development and new land uses by the Town. Land use permit requirements for specific land uses are
established by Articles II (Zoning Districts and Allowable Land Uses) and III (Site Planning and
General Development Standards).
18.02.020 - Requirements for Development and New Land Uses
No use of land or structures shall be established, constructed, reconstructed, altered, allowed or replaced
unless the use of land or structures complies with the following requirements.
A. Allowable use. The land use shall be identified by Article II (Zoning Districts and Allowable
Land Uses) as being allowable in the zoning district applied to the site.
Permit requirements. Any land use permit required by this Development Code shall be obtained
before the proposed use is constructed, otherwise established or put into operation, unless the
proposed use is listed in Section 18.02.030 (Exemptions from Land Use Permit Requirements).
The land use permit requirements of this Development Code are established by Article Ii (Zoning
Districts and Allowable Land Uses).
Development standards. The use and/or structures shall comply with all other applicable
requirements of this Development Code, including the development standards of Article II
(Zoning Districts and Allowable Land Uses), and the provisions of Article III (Site Planning and
General Development Standards).
Legal parcel. The use and/or structures shall only be established on a parcel of land which has
been legally created in compliance with the Subdivision Map Act, Article V (Subdivisions), and
Chapter 18.86 (Lot Line Adjustments), as applicable at the time the parcel was created.
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Development and Land Use Approval Requirements
18.02
E. Previous approvals and agreements. The use and/or structures shall comply with applicable
provisions and requirements of any of the following permits, entitlements or agreements:
Conditions of approval. Any conditions of approval imposed by any land use permit
previously granted by the County or Town and still in effect;
2. Development Agreements. Any Development Agreement approved by the Town in
compliance with Chapter 18.150 (Development Agreements) and still in effect;
Planned Developments. Any conditions of approval or other provisions imposed by a
Planned Development previously approved by the County or Town and still in effect; and
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Subdivisions. Any conditions of approval, restrictions, or other provisions imposed by a
subdivision map previously approved by the County or Town and recorded in the Nevada
County Recorders Office.
18.02.030 - Exemptions from Land Use Permit Requirements
The land use permit requirements of this Development Code do not apply to the activities, uses of land
and/or structures identified by this Section, which are allowed in all zoning districts subject to
compliance with this Section.
General requirements for exemption. The activities, uses of land and/or structures identified
by following Subsection B. are exempt from the land use permit requirements of this
Development Code only when:
The activity or use is established and operated in compliance with all applicable
development standards of Articles II (Zoning Districts and Allowable Land Uses) and III
(Site Planning and General Development Standards); and
Any permit or approval required by regulations other than this Development Code is
obtained in compliance with Section 18.02.050 (Additional Permits or Approvals May Be
Required).
The activity or use will not result in any exterior improvements, modifications, or
alterations to structures located in the -HP district.
Exempt activities and uses. The following activities, uses of land and/or structures are exempt
from the land use permit requirements of this Development Code when in compliance with
Subsection A. above.
Activities within railroad rights-of-way. Railroad and railroad-related operations,
activities, and facilities within the Union Pacific railroad right-of-way and operating
properties.
Electrical facilities. The location or construction of facilities for production or generation
of electrical energy, electrical substations in an electrical transmission system which
receives electricity at less than 100,000 volts, and electrical distribution lines of less than
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Development and Land Use Approval Requirements
18.02
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100,000 volts, in compliance with Government Code Section 53091 and Public Resources
Code Section 12808.5.
Govermnental activities. Activities of the State or an agency of the State, or the Federal
Government on land owned or leased by a governmental agency.
Interior remodelling. Interior alterations that do not increase the number of rooms or the
gross floor area within the structure, change the permitted use of the structure, or otherwise
intensify the use.
Non-residential repairs and maintenance. Ordinary repairs and maintenance for uses and
structures other than residential uses and structures, if:
(a) The work does not result in any change in the approved land use of the site or
structure, or the addition to, enlargement or expansion of the structure;
(b) Any exterior repairs employ the same or similar materials and design as the
original;
(c) Any exterior repairs comply with any previous design approval; and
(d) All repairs and maintenance comply with applicable provisions of Chapter
18.130 (Nonconforming Uses, Structures, and Parcels).
6. Residential activities, uses and structures.
Decks, paths and driveways. Residential decks, platforms, on-site paths, and
driveways that are not required to have a Building Permit or Grading Permit by Title
15 (Building and Construction) of the Municipal Code, and are not over 18 inches
above natural grade and not over any basement or story below.
b. Fences and walls. Residential fences and walls are exempt from land use permit
requirements as provided by Section 18.30.070 (Fences, Walls, and Hedges).
Multi-family residential repairs and maintenance. Ordinary repairs and
maintenance for residential uses and structures other than single-family uses and
structures, if:
(1) The work does not result in any change in the approved land use of the site or
structure, or the addition to, enlargement or expansion of the structure;
(2) Any exterior repairs employ the same or similar materials and design as the
original;
(3) Any exterior repairs comply with any previous design approval; and
(4) All repairs and maintenance comply with applicable provisions of Chapter
18.130 (Nonconforming Uses, Structures, and Parcels).
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TRUCKEE MUNICIPAL CODE- TITLE 18, DEVELOPMENT CODE
Development and Land Use Approval Requirements
18.02
d. Single-family residential repairs and maintenance. Ordinary repairs and
maintenance for single family residential uses and structures, if:
(1) The work does not result in any change in the approved land use of the site or
structure;
(2) The work does not result in an addition, enlargement or expansion of the
structure; and
(3) All repairs and maintenance comply with applicable provisions of Chapter
18.130 (Nonconforming Uses, Structures, and Parcels).
e. Small residential accessory structures. Portable storage sheds and other small
structures in residential zoning districts that are:
(1) Exmnpt from building and grading permit requirements in compliance with
Title 15 (Building and Construction) of the Municipal Code;
(2) Less than 120 square feet in roof area; and
(3)
In compliance with the setback requirements of Article II (Zoning Districts and
Allowable Land Uses), and with any applicable setback requirements in
Section 18.58.210 (Residential Accessory Uses and Structures).
Spas, hot tubs, and fish ponds. Portable spas, hot tubs, and fish ponds, etc., that do
not exceed: 120 square feet in total area, including related equipment; contain more
than 2,000 gallons of water; and exceed three feet in depth. These facilities shall
comply with the side and mar setback requirements established by Article II (Zoning
Districts and Allowable Land Uses) for the applicable zoning district, or Section
18.58.210 (Residential Accessory Uses and Structures), where applicable.
Solar collectors. The addition of solar collection systems to the roofs of existing
structures, provided that the collectors are located in compliance with Section 18.30.140
(Solar Access and Solar Equipment Guidelines).
Utility infrastructure. The erection, construction, alteration, or maintenance by a public
utility or public agency of underground or overhead utilities (i.e., water, gas, electric,
telecommunication, supply or disposal systems, including wires, mains, drains, sewers,
pipes, conduits, cables, fire-alarm boxes, police call boxes, traffic signals, hydrants, etc.),
but not including structures, electrical substations which receive electricity at 100,000 volts
or greater, and electrical distribution lines of 100,000 volts or greater, shall be permitted
in any zoning district. Satellite, cellular telephone, wireless communications, and other
antennas are subject to Section 18.58.250 (Telecommunications Facilities).
Water facilities. The location or construction of facilities for the production, generation,
storage, or transmission of water, in compliance with Government Code Section 53091.
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TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE
Development and Land Use Approval Requirements
18.02
18.02.040 - Temporary Uses
Requirements for establishing a temporary use (e.g., construction yards, seasonal sales lots, special
events, temporary office trailers, etc.) are in Chapter 18.80 (Temporary Use Permits).
18.02.050 - Additional Permits or Approvals May be Required
An allowed land use that is exempt from a land use permit, or has been granted a land use permit, may
still be required to obtain other issued permits before the use is constructed, or otherwise established
and put into operation. Nothing in this Chapter shall eliminate the need to obtain any permits or
approvals required by:
A. Other provisions of the Municipal Code, including: Building Permits, Grading Permits, or other
construction permits if they are required by Title 15; any Encroachment Permit required by Title
13; or subdivision approval if required by Article V (Subdivisions);
B. Nevada County, any special district, or any regional, State or Federal agency.
The applicant shall obtain all necessary permits before starting work or establishing new uses.
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Development and Land Use Approval Requirements
18.02
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TRUCKEE MUNICIPAL CODE - TITLE t 8, DEVELOPMENT CODE
Interpretation 18.03
CHAPTER 18.03 - INTERPRETATION OF CODE PROVISIONS
Sections:
18.03.010 - Purpose of Chapter
18.03.020 - Rules of Interpretation
18.03.030 - Procedures for Interpretations
18.03.010 - Purpose of Chapter
This Chapter provides roles for resolving questions about the meaning or applicability of any part of
this Development Code. The provisions of this Chapter are intended to ensure the consistent
interpretation and application of the provisions of this Development Code and the General Plan.
18.03.020 - Rules of Interpretation
A. Authority. The Director is assigned the responsibility and authority to interpret the requirements
of this Development Code.
B. Language.
Abbreviated titles and phrases. For the purpose of brevity, the following phrases,
personnel and document titles are shortened hereafter in this Development Code. The
Town of Truckee is referred to hereafter as the "Town." The Town of Truckee
Development Code is referred to hereafter as "this Development Code." The Community
Development Director is referred to hereafter as "Director," the Town Council is referred
to as the "Council," the Planning Commission is referred to as the "Commission."
"Buildings and structures" are referred to hereafter as "structures."
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Terminology. When used in this Development Code, 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. 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 "includes" and "including" shall mean "including but not limited to
· . .". When used to describe the applicability of two or more requirements of this
Development Code, the word "or" shall mean that compliance with any of the series is
sufficient, and the words "and," and "and/or" shall mean that compliance with all of the
series is required.
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Number of days. Whenever a number of days is specified in this Development Code, or
in any permit, condition of approval, or notice issued or given as provided in this
Development Code, the number of days shall be construed as calendar days. Time limits
will extend to the following working day where the last of the specified number of days
falls on a weekend or holiday.
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Interpretation
TRUCKEE MUNICIPAL CODE- TITLE 18, DEVELOPMENT CODE
18.03
State law requirements. Where this Development Code references applicable provisions
of State law (for example, 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.
Calculations - Rounding. Where provisions of this Development Code require calculations to
determine applicable requirements, any fractional/decimal results of the calculations shall be
rounded as provided by this Subsection.
Minimum lot area, maximum density. The fractional/decimal results of calculations of
the number of parcels or residential units allowed through subdivision or a land use permit
based on a minimum lot area or maximum density requirement shall be rounded down to
the next lowest whole number. For example, the RM-6 zoning district would allow a parcel
to be proposed for development with up to six dwellings per acre of site area, which would
allow up to 15 dwelling units on a 2.6 acre parcel (6 x 2.6 = 15.6, rounded down to 15).
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All other calculations. For all calculations required by this Development Code other than
those described in Subsection C. l above or in another section stating the calculations for
a specific development standard, 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.
Zoning Map boundaries, if there is uncertainty about the location of any zoning district
boundary shown on the official Zoning Map, the following rules are to be used in resolving the
uncertainty. (See also 18.06.040, Zoning District Regulations).
Where district boundaries approximately follow lot, alley, or street lines, the lot lines and
street and alley centerlines shall be construed as the district boundaries.
If a district boundary divides a parcel and the boundary line location is not specified by
distances printed on the zoning map, the location of the boundary will be determined by
using the scale appearing on the zoning map.
Where a
formerly
property
public street or alley is officially vacated or abandoned, the property that was
in the street or alley will be included within the zoning district of the adjoining
on either side of the centerline of the vacated or abandoned street or alley.
Allowable uses of land. If a proposed use of land is not specifically listed in Article II, the use
shall not be allowed, except as follows.
Allowed by other section. The proposed use of land is specifically allowed by another
section of this Development Code, e.g. home occupations allowed as an accessory use in
all residential zoning districts by Section 18.58.120.
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Interpretation
TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE
18.03
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2. Similar uses allowed.
Similar use determination. The Director may determine that a proposed use not
listed in Article II is allowable for the purpose of accepting a land use permit
application for processing, and the review authority may approve an application for
an unlisted use, if all of the following findings are made:
The characteristics of, and activities associated with, the proposed use are
similar to those of one or more of the uses listed in the zoning district as
allowable, and will not involve a higher level of activity or population density
than the uses listed in the district;
The proposed use will meet the purpose/intent of the zoning district that is
applied to the site; and
The proposed use will be consistent with the goals, objectives and policies of
the General Plan and any Specific Plan.
b°
Applicable standards and permit requirements. When the review authority
determines that a proposed, but unlisted, use is similar to a listed use, the proposed
use will be treated in the same manner as the listed use in determining where it is
allowed, what permits are required and what other standards and requirements of this
Development Code apply.
c. Commission determination. The Director may forward questions about similar uses
directly to the Commission for a determination at a public meeting.
Minimum requirements. When the regulations of this Development Code are being interpreted
and applied, all provisions shall be considered to be minimum requirements, unless stated
otherwise (e.g., height limits and site coverage requirements for structures, and the numbers and
size of signs allowed are maximums, not minimums).
G. Conflicting requirements:
Development Code provisions. In the event of any conflict between the zoning district
regulations of Article II and the provisions of Article III (Site Planning and General
Development Standards), the provisions of Article III shall control.
Development Code and Municipal Code provisions. If conflicts occur between
requirements of this Development Code, or between this Development Code and other
regulations of the Town, the most restrictive shall control.
o
Development Agreements, Specific Plans, Planned Developments. If conflicts occur
between the requirements of this Development Code and standards adopted as part of any
Development Agreement, Specific Plan, or Planned Development, the requirements of the
Development Agreement, Specific Plan, or Planned Development shall control.
September 2001
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Interpretation
TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE
18.03
Development Code and Subdivisions. If conflicts occur between the requirements of this
Development Code and any conditions of approval, restrictions, or other provisions
imposed by a subdivision map, the conditions of approval, restrictions, and provisions of
the subdivision map shall control unless the Director finds (a) the conditions of approval,
restrictions, or other provisions of the subdivision map would be detrimental to the public
health, safety, or welfare of the Town or injurious to property or improvements in the
vicinity; or (b) the characteristics and circumstances of the property and surrounding area
and/or the project have substantially changed and clearly demonstrate that the conditions
of approval, restrictions, or other provisions of the subdivision ~nap are no longer
necessary. In these cases, the requirements of the Development Code shall prevail.
Private agreements. This Development 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 a private agreement or restriction, without affecting the
applicability of any agreement or restriction. The Town shall not enforce any private
covenant or agreement unless it is a party to the covenant or agreement.
18.03.030 - Procedures for Interpretations
If the Director determines that the meaning or applicability of any of the requirements of this
Development Code are subject to interpretation generally or as applied to a specific case, the Director
may issue an official interpretation. Interpretations may also be requested in compliance with this
Section.
A. Request for interpretation. A request shall be written, specifically state the provision(s) in
question, and provide any information to assist in their review.
B. Record of interpretations. Official interpretations shall be:
In writing, and shall quote the provisions of this Development Code being interpreted, and
explain their meaning or applicability in the particular or general circumstances that caused
the need for interpretation; and
Distributed to the Council, Commission, Town Attorney, Town Manager and Department
staff.
Any provisions of this Development Code that are determined by the Director to need refinement
or revision should be corrected by amending this Development Code as soon as is practical. Until
amendments can occur, the Director will maintain a complete record of all official interpretations,
available for public review, and indexed by the number of the Section that is the subject of the
interpretation.
Co
Appeals and referral. Any interpretations of this Development Code by the Director may be
appealed to the Commission as provided by Chapter 18.140 (Appeals). The Director may also
refer any interpretation to the Commission for a determination.
September 2001
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