Chapter 106.12 — INTERPRETATION OF ZONING CODE

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.

The Director has the authority to interpret any provision of this Zoning Code. Whenever the Director

determines that the meaning or applicability of any Zoning Code requirement is subject to interpretation, the Director may issue an official interpretation. The Director may also refer any issue of interpretation to the Commission for their determination in a public meeting.

A.

Language. When used in this Zoning 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 . . ."

B.

Effect of Interpretation. An interpretation by the Director at the request of an applicant is given based on the accuracy and completeness of information provided by the applicant, and is not binding on the City unless provided in writing in compliance with Section 106.12.040 (Procedure for Formal Interpretations).

C.

Time limits. Whenever a number of days is specified in this Zoning Code, or in any permit, condition of approval, or notice provided in compliance with this Zoning Code, the number of days shall be construed as calendar days. A time limit shall extend to 5:00 p.m. on the following working day where the last of the specified number of days falls on a weekend or holiday.

D.

Calculations - Rounding. Where a provision of this Zoning Code requires numerical calculations to determine applicable requirements, any fractional results of the calculations shall be rounded as follows, except where a specific rounding rule is provided by the Section requiring calculations.

1.

Residential density, minimum lot area and number of lots. The fractional/decimal results of calculations of the number of dwelling units allowed on a parcel based on maximum density requirements, and the number of parcels allowed through subdivision based on a minimum lot area requirement, shall be rounded down to the next lowest whole number.

2.

All other calculations. For all calculations required by this Zoning Code other than those described in Subsection D.1, 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.

E.

Internal cross-references. When a provision of this Zoning Code refers to a requirement elsewhere, the subject of the cross reference is assumed to be another Chapter, Section, or Subsection of this Zoning Code, or another provision within the same Section, unless the title of another document is provided. For example:

1.

"See Section 106.12.040" means "See Section 20-12.040 of this Zoning Code."

2.

". . . in compliance with Subsection D.2," means ". . . in compliance with Subsection D.2 of this Section"; and

3.

"See Chapter 106.20," means "See Chapter 106 of this Zoning Code."

F.

Zoning Map boundaries. See Section 106.20.020 (Zoning Map and Zoning Districts).

G.

Allowable uses of land. See Section 106.22.030 (Allowable Land Uses and Permit Requirements).

H.

State law requirements. Where this Zoning Code references applicable provisions of State law (for example, the California Government Code, Subdivision Map Act, or Public Resources Code), the reference shall be construed to be to the applicable State law provisions as they may be amended from time to time.

An applicant may request a formal interpretation of a provision of this Zoning Code by filing the request in writing and providing detailed information about the site and/or project that is subject to the interpretation, and by paying the required filing fee. When the Director issues a formal interpretation of one or more provisions of this Zoning Code, the interpretation:

A.

Shall be in writing;

B.

Shall be binding on the City to the extent that the information furnished by the applicant is accurate and complete; and

C.

May be appealed to the Commission and Council in compliance with Chapter 106.72 (Appeals).