Beaumont Municipal Code Ch. 17.A.04 Rules of Interpretation

This Chapter provides the specific rules that explain how to interpret this Title.

A. Interpretation of this Title.

1. No matter how carefully constructed, this Title will require interpretation in its day-to-day administration. In adopting this Title, it is the intent of the City to interpret and administer this Title in a reasonable fashion consistent with the public interest of the residents of the city.

2. Where there is uncertainty regarding the interpretation of any provision of this Title or its application to a specific site, the Community Development Director shall determine the interpretation of the provision. The determination of the Community Development Director may be appealed in accordance with the provisions of Subsection 17.D.02.040.O (Appeals). Nothing shall limit the authority of the Community Development Director to revise, reconsider, or otherwise modify or rescind any interpretation previously made.

3. In their interpretation and application, the provisions of this Title shall be held to be the minimum requirements guided by the following:

a. Where this Title imposes a greater restriction than is imposed or required by other rules, regulations or ordinances, the provisions of this Title shall control. In accordance with Section 17.A.02.050 (Relationship to the General Plan), in any case where there is a conflict between this Title and the General Plan, the General Plan shall control.

b. Where other rules, regulations, or ordinances impose greater restrictions or more specific standards than those of this Title, the greater restriction or more specific standard shall control.

c. Where provisions of this Title are in conflict, the more specific regulations shall apply over the more general; where provisions of this Title remain in conflict, the more restrictive provisions shall apply.

B. Conflict between Text and Figure. In the event of a difference or conflict between the text and a figure, illustration, heading, caption, diagram, or graphic, the text shall control.

C. Interpretation of Zone Boundaries. Where there is uncertainty regarding the location of a zone boundary or other feature shown on the Zoning Map, the following rules shall be used to resolve the uncertainty:

1. Unless otherwise clearly indicated on the Zoning Map, zone boundaries shall coincide with property lines and right-of-way or easement boundaries of alleys, streets, freeways, and/or railroads.

2. Dedicated streets, alleys, freeways, or railroad rights-of-way shall be deemed to be unclassified. If any public street, alley, or other right-of-way is vacated or abandoned, the land formerly in such street, alley, or right-of-way shall be included within the zoning of the adjoining property on each side.

3. For parcels containing two or more zones, the location of the zone boundary shall be determined by the Community Development Director, and the applicable regulations for each zone shall apply based on the zone boundary.

4. Where the location of the zone boundaries cannot be determined by the above rules, the boundaries shall be located by using the scale on the Zoning Map.

D. References to State Law. Where this Title references applicable provisions of state law (e.g., 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.

E. Calendar Days. All references to days are to calendar days, unless otherwise indicated. If a deadline falls on a weekend or holiday, or a day when the City offices are closed, the deadline shall be extended to the close of business on the next working day.

F. Calendar Year. All references to years are to calendar years, unless otherwise indicated.

G. Determination of Similar Use.

1. Each zone establishes a list of uses which are permitted, permitted with a Minor Conditional Use Permit, or permitted with a Conditional Use Permit, or not allowed. Occasionally, uses may be proposed which are not specifically listed in the use tables in Division 17.B (Zone Regulations).

2. The Community Development Director may administratively determine when an unlisted use is proposed in a zone that the proposed use is similar to an appropriate use category where the uses are clearly similar in character to those uses listed and consistent with the purpose of the zone and General Plan. A use determined to be similar shall apply to the zone uniformly regardless of location.

3. When a proposed, but unlisted, use is determined to be similar to a listed use, the proposed use will be treated in the same manner as the listed use in determining what approvals are required and what standards and requirements of this Title apply.

4. The Community Development Director's determination of similar use may be appealed to the Planning Commission pursuant to the provisions of Section 17.D.02.040.O (Appeals).

A. Interpretation of Words and Conjunctions. Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows:

1. "And" indicates that all connected words or provisions shall apply.

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

3. "Or" indicates that compliance with any of the series of connected words or provisions is sufficient.

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

5. The words "shall", "will", "must", "is to", and "are to" are always mandatory and not discretionary.

6. "Should" is not mandatory but is strongly recommended.

7. "May" is permissive and discretionary.

8. Unless the context clearly indicates otherwise, words in the present and future tense are interchangeable.

9. Unless the context clearly indicates otherwise, words in the singular and plural are interchangeable.

B. Undefined Terms. The Community Development Director shall make an interpretation for any definition not expressly identified in this Title.

C. Fractions. Whenever this Title requires consideration of distances, parking spaces, dwelling units, or other aspects of development or the physical environment expressed in numerical quantities, and the result of a calculation contains a fraction of a whole number, the results will be rounded as follows:

1. General Rounding. Fractions of one-half or greater shall be rounded up to the nearest whole number, and fractions of less than one-half shall be rounded down to the nearest whole number, except as otherwise provided.

2. Exception for State Affordable Housing Density Bonus. For projects eligible for bonus density in accordance with California Government Code § 65915 or any successor statute, any fractional number of permitted bonus density units shall be rounded up to the next whole number.