§ 15.02 — Aliso Viejo Zoning Code

15.02.050 Interpretation of language and numbers. ¶

A. Language. The following rules for interpretation of language shall apply:
1. The specific shall supersede the general.
2. The word “shall” identifies a mandatory requirement.
3. The word “should” identifies a policy provision which must be followed in the absence of compelling opposing considerations identified by the city decision-making authority.
4. The words “encouraged,” “discouraged,” and “be considered” identify optional, though highly recommended provisions.
5. The word “may” is discretionary.
6. Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows:
a. “And” indicates that all connected words or provisions shall apply.
b. “Or” indicates that the connected words or provisions may apply singularly or in any combination.
c. “Either...or” indicates that the connected words or provisions shall apply singularly but not in combination.
7. In case of conflict between the text and a diagram, the text shall control.
8. All references to the “zoning code” shall mean AVMC Title 15.
9. All references to “municipal code” shall mean the City of Aliso Viejo Municipal Code.
10. All references to departments, boards or other public agencies are to those of the city of Aliso Viejo, unless otherwise indicated.
11. All references to the “state” shall mean the state of California. Any reference to a specific state of California regulation or law shall also mean “as the regulation of law may be subsequently amended by the
state of California.”
12. All references to public officials are to those of the city of Aliso Viejo and include designated representative of such officials, unless otherwise indicated.
13. All references to days are to calendar days unless otherwise indicated. If a deadline falls on a Saturday, Sunday or holiday, it shall be extended to the next full day in which the offices of the planning
department are open for business.
14. Words used in the present tense shall include the future tense.
15. Title, Chapter, Section. Subsection and paragraph headings contained in this zoning code shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of any section
hereof.
16. The words “activities” and “facilities” include any part thereof.
17. The word “used” shall include arranged, designed, constructed, altered, converted, rented, leased or intended to be used.
18. The words “chapter,” “section,” “subsection” and “paragraph” refer to the Aliso Viejo zoning code unless otherwise noted.
19. All terms shall be construed pursuant to Chapter 15.94 AVMC, Definitions. Terms that are not defined shall be given their common and ordinary meaning.
B. Rounding of Fractional Numbers. If in the application of the requirements of this zoning code, a fractional number is obtained that is less than one-half (0.5), the number shall be rounded down to the
nearest whole number. A number that is obtained that is one-half (0.5) or greater shall be rounded up to the next higher whole number, except when calculating density. For example, 4.499 would be rounded
to four and 4.500 would be rounded to five. In regard to calculating density, fractional numbers shall be rounded down to the next lower whole number except as permitted in accordance with California
Health and Safety Code Section 65915.[Ord. 2011-131 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

15.02.060 No contravention of state or federal law. ¶

Any land use that contravenes state or federal law shall be prohibited in all planning areas, districts or zones within the city. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A); Ord. 2006-085].

15.02.070 Severability. ¶

If any section, subsection, paragraph, sentence, clause, phrase or portion of this zoning code is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such decision shall not affect the validity of the remaining portions thereof. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

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