Berkeley Municipal Code Ch. 23.104 Interpreting the Zoning Ordinance

This chapter establishes rules and procedures for interpreting the Zoning Ordinance to ensure that it is applied and enforced in a consistent manner. (Ord. 7787-NS § 2 (Exh. A), 2021)

The Zoning Officer has the authority to interpret the meaning and applicability of the Zoning Ordinance. Zoning Officer interpretations are subject to review and modification by the Zoning Adjustments Board (ZAB) and the City Council, with the ultimate decision-making power resting with the City Council. (Ord. 7787-NS § 2 (Exh. A), 2021)

A. Meaning and Intent. All language shall be construed according to the purpose and intent set out in Section 23.102.040 (Purpose of the Zoning Ordinance).

B. Minimum Requirements. The Zoning Ordinance establishes minimum requirements to promote the public health, safety, and general welfare. When the Zoning Ordinance provides for discretion on the part of a City official or body, that discretion may be exercised to impose more stringent requirements as necessary to achieve the purpose and intent of the Zoning Ordinance set out in Section 23.102.040 (Purpose of the Zoning Ordinance).

C. Harmonious Construction. The City intends that all provisions of the Zoning Ordinance be construed harmoniously. When two or more provisions of the Zoning Ordinance appear to conflict, the City shall construe such provisions to give effect to both, if possible, by harmonizing them with each other. In cases of conflict, the more restrictive shall govern.

D. Headings, Illustrations, and Text. In cases where text conflicts with any heading, table, or figure, the text controls.

E. Lists and Examples. Unless otherwise specifically indicated, lists of items or examples that use terms such as "including," "such as," or similar language are intended to provide examples, not to be exhaustive lists of all possibilities.

F. Computation of Time. References to days are consecutive calendar days unless otherwise stated. When business days are referenced, they include only days when City Hall is open. The end of a time period is computed by excluding the first day and including the last day. If the last day is a holiday observed by the City or a City Hall non-business day, that day is excluded.

G. Rounding of Fractional Numbers. Unless otherwise stated, a fraction of one-half or more is rounded to the nearest highest whole number and a fraction of less than one-half is rounded to the next lowest whole number.

H. References to Other Regulations, Publications, and Documents. Whenever reference is made to a resolution, ordinance, regulation, or document, it is construed as a reference to the most recent edition of such resolution, ordinance, regulation, or document, unless specifically stated.

I. Technical and Non-Technical Terms. Words and phrases are construed according to the common and approved usage of the language, but technical words and phrases that may have acquired a peculiar and appropriate meaning in law are construed and understood according to such meaning.

J. Terms Not Defined. If there is a term used in the Zoning Ordinance that is not defined in this title, the Zoning Officer has the authority to provide a definition based upon intended meaning of the undefined term.

K. Public Officials and Agencies. All public officials, bodies, and agencies to which references are made are those of the City of Berkeley, unless otherwise indicated.

L. Mandatory and Discretionary Terms. The words "shall," "will," "must," and "is" are always mandatory. The words "may" and "should" are advisory and discretionary terms.

M. Conjunctions. Unless the context clearly suggests the contrary, conjunctions shall be interpreted as follows:

1. "And" means that all connected items apply.

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

3. "Or" means that any one of the connected items may apply singularly but not in combination.

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

N. Tenses and Plurals. Words used in one tense (past, present, or future) include all other tenses, unless the context clearly indicates the contrary. The singular includes the plural, and the plural includes the singular. (Ord. 7787-NS § 2 (Exh. A), 2021)

To determine if a non-residential project application is subject to a requirement which applies only if certain development or use thresholds are reached, any construction or change of use which is subject to the same regulation and was completed within one year before the application is considered part of the same application. (Ord. 7787-NS § 2 (Exh. A), 2021)

A. Zoning Map Boundaries. Where uncertainty exists as to the boundaries of districts shown on the Zoning Map, the following rules apply:

1. Boundaries shown as approximately following lot lines are construed to follow the lot lines.

2. Boundaries shown as approximately following the centerlines of streets, highways, and alleys are construed to follow the centerlines.

3. Boundaries shown as approximately following city limits are construed to follow city limits.

4. Where a district boundary divides a lot, the location of the boundary is determined by the use of the scale appearing on the Zoning Map unless otherwise indicated by a legal description of the property.

B. Lots Containing Two or More Districts.

1. For lots containing two or more districts, each part of the lot is subject to the regulations of district in which it is located, except as allowed by Paragraph (2) below.

2. The City may apply the setback requirements in one part of a lot to a part of the lot located in another district with a Use Permit, subject to the following:

(a) The development intensity (residential density and/or floor area ratio) of the project may not exceed the development intensity that would be allowed if the setbacks requirements are not adjusted; and

(b) Allowed land uses in each part of the lot are only as permitted in the district in which it is located. (Ord. 7787-NS § 2 (Exh. A), 2021)