Chapter 25.04 — INTERPRETATION OF THE ZONING CODE

The purpose of this chapter is to specify the authority and procedures for clarifying any ambiguity in the regulations of this Zoning Code and to ensure the Zoning Code's consistent interpretation and application.

(Ord. 2000, 2021; Ord. 2046, 3/2/2026)

• A. Authority. The Director has the authority to interpret provisions of this Zoning Code according to Section 25.04.030 (Procedures for Interpretation). Whenever the Director determines that the meaning or applicability of a Zoning Code requirement is subject to interpretation, the Director shall issue a written interpretation.

• B. Terminology. When used in this chapter, the following rules apply to all provisions of this Zoning Code:

  1. Language. When used in this Zoning Code, the words "shall," "must," "will," "is to," and "are to" are mandatory. "Should" is not mandatory but is strongly recommended, and "may" is permissive.

  2. Tense. The present tense includes the past and future tense, and the future tense includes the present.

  3. Number. The singular number includes the plural number, and the plural the singular, unless the natural construction of the words indicates otherwise.

  4. Calculations. Residential density and other calculations shall be consistent with the provisions of Section 25.30.020 (Fractions).

  5. 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."

  6. Local Reference. "City" as used in this Zoning Code means the City of Burlingame, and all public officials, bodies, and agencies referenced are those of the City unless otherwise stated.

  7. Definitions. As defined in Article 8 (Definitions) and/or as determined/interpreted by the Director.

  8. State Law Requirements. References to applicable provisions of State law (e.g., the California Government Code, Subdivision Map Act, Public Resources Code) shall be construed to refer to the applicable State law provisions, as they may be amended from time to time.

• C. Number of Days. Whenever the number of days is specified in this Zoning Code, or in any permit, condition of approval, or notice issued or given as provided in this Zoning Code,

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City of Burlingame, CA § 25.04.020

BURLINGAME CODE

§ 25.04.040

the number of days shall be construed as calendar days, unless otherwise specified. 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 Zoning Code, all provisions shall be considered to be minimum requirements, unless specifically stated otherwise.

• E. Ambiguity. If ambiguity arises concerning the appropriate classification of a particular use or regulation within the meaning or intent of this Zoning Code based on established or unforeseen circumstances, including technological changes in processing or application of materials, the Director shall have the authority to interpret the regulation based on understanding of this Zoning Code.

• (Ord. 2000, 2021; Ord. 2046, 3/2/2026)

• A. Authority of Director to Interpret. Whenever the Director or designee determines that the meaning or applicability of any of the requirements of this Zoning Code is subject to interpretation generally, or as applied to a specific case, the Director may issue an official interpretation.

• B. Request for Interpretation. Any party may file a request for an interpretation or determination of this Zoning Code with the Director and shall include with such request the specific provisions in question and any other information necessary to assist the Director in the review.

• C. Record of Interpretation/Determinations. All interpretations and determinations shall be made in writing, and a permanent record of such interpretations and determinations shall be kept.

• D. Appeals. Applicants may appeal the Director's interpretation to the Planning Commission for review and interpretation, which shall be final; thereafter, such interpretation shall govern.

• (Ord. 2000, 2021; Ord. 2046, 3/2/2026)

• A. Use Not Listed Is Not Allowed. If a use of land is not specifically listed in Article 2 (Zoning Districts, Allowable Uses, and Development Standards), the use shall not be allowed, except as provided below.

• B. Director's Determination. Based on the authority granted in Section 25.04.030 (Procedures for Interpretation), the Director may determine that a land use that is not listed in Article 2 (Zoning Districts, Allowable Uses, and Development Standards) may be allowed. In making this determination, the Director shall first make all of the following findings:

  1. The characteristics of, and activities associated with, the 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, population density, intensity, traffic generation, parking, dust, odor, noise, emissions, or similar impacts than the uses listed in the zoning district;

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City of Burlingame, CA

ZONING

§ 25.04.040

§ 25.04.050

2. The use will meet the purpose/intent of the zoning district that is applied to the location of the use; and

3. The use will be consistent with the goals, objectives, and policies of the General Plan and/or any applicable Specific Plan or Planned Development Permit.

• C. Applicable Standards and Permit Requirements. When the Director determines that an unlisted land use is equivalent to a listed use, the unlisted 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 Title 25 apply.

• (Ord. 2000, 2021; Ord. 2046, 3/2/2026)

In case of a conflict between the Zoning Code text and any diagram, illustration, graphic, or image contained in this Zoning Code, the text shall take precedence. (Ord. 2000, 2021; Ord. 2046, 3/2/2026)

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City of Burlingame, CA