Chapter 19.02 — INTERPRETATION OF REGULATIONS

This chapter provides rules for resolving questions about the meaning or applicability of any part of these Regulations. The provisions of this chapter are intended to ensure the consistent interpretation and application of the provisions of these Regulations and the General Plan.

(Ord. 2185)

A. Authority. The director or a designee is assigned responsibility and authority to interpret the requirements of these Regulations.

B. Language:

1. Terminology. When used in these Regulations, the words “shall,” “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. “Includes” and “Including” mean “including but not limited to . . .”

2. Number of Days. Whenever a number of days is specified in these Regulations, or in any permit, condition of approval, or notice issued or given in compliance with these Regulations, the number of days shall be construed as calendar days, ending at 5:00 p.m. Time limits will extend to the following working day where the last of the specified number of days falls on a weekend or holiday as defined in the Municipal Code.

C. Calculations - Where these Regulations require calculations to determine applicable requirements the following methods of calculation shall be used:

1. Residential Density shall be calculated by determining the number of dwelling units per gross acre. Gross acreage is the area of a site calculated to the centerline of bounding streets and other public rights of way.

2. Off-Street Parking Requirements. See Section 19.70.040 (Number of parking spaces required).

3. Rounding. For all calculations required by these Regulations other than those described in subsections C-1 through C-2 above, the fractional or decimal results of calculations shall be rounded to the next highest whole number when the fraction or decimal is 0.5 or more, and to the next lowest whole number when the fraction is less than 0.5.

D. Zoning Map Boundaries. If there is uncertainty about the location of any zoning district boundary shown on the official Zoning Map, the following rules are to be used in resolving the uncertainty:

1. Unless otherwise specified on the Zoning Map by dimensions or acreage, zoning district boundaries follow lot, alley, or street lines;

2. If a district boundary divides a parcel and the boundary line location is not specified by distances printed on the Zoning Map, the location of the boundary will be determined by using the scale appearing on the Zoning Map; and

3. Where a public street or alley is officially vacated or abandoned, the property that was formerly in the street or alley will be included within the zoning district of the adjoining property on each side of the centerline of the vacated or abandoned street or alley.

E. Allowable Uses of Land. If a proposed use of land is not specifically listed under any zoning district as a permitted or conditional use in Division IV (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), or

as a permitted or conditional use in any TND designation in Division VI (TND Regulations) the use shall not be allowed, except as follows.

1. Similar Uses Allowed. The Planning Director may determine that a proposed use not listed for any zoning district in Division IV or any TND designation in Division VI is allowable as a permitted or conditional use in compliance with Section 19.02.030 (Procedures for interpretations) if all of the following findings are made:

a. The characteristics of, and activities associated with, the proposed use are equivalent to those of one or more of the uses listed in the zoning district or TND designation as allowable, and will not involve a higher level of activity or density and/or intensity than the uses listed in the district or TND designation;

b. The proposed use will meet the purpose/intent of the zoning district or TND designation that is applied to the site; and

c. The proposed use will be consistent with the goals, objectives, and policies of the Chico General Plan.

2. Applicable Standards and Permit Requirements. When the director determines that a proposed, but unlisted, use is equivalent to a listed use, the proposed use will be treated in the same manner as the listed use in determining where it is allowed, what permits are required, and what other standards and requirements of these Regulations apply. A record of the determination shall be made in compliance with Section 19.02.030-C.

3. Commission Determination. The applicant may request and the director may forward questions about equivalent uses directly to the Planning Commission for a determination at a public hearing.

F. Minimum Requirements. When interpreting and applying these Regulations, all provisions shall be considered to be minimum requirements, unless stated otherwise (for example, height limits and site coverage requirements for structures, and the numbers and sizes of signs allowed are maximums, not minimums). (Ord. 2185, Ord. 2288, Ord. 2358 §1, Ord. 2364 §376)

The director shall respond in writing to any written request for interpretation of the provisions of these Regulations. A. Request for Interpretation. The written request shall state the provision(s) in question, and provide any information that the Director deems necessary to assist in the review.

B. Action on Requested Interpretations. The Director shall respond to an interpretation request within 30 days of receiving the request. As an alternative to issuing an official interpretation, the Director may refer any request for interpretation to the Planning Commission for a determination.

C. Record of Interpretations. Whenever the Director determines that the meaning or applicability of any of the requirements of these Regulations is subject to interpretation generally or as applied to a specific case, the Director shall issue an official interpretation. Official interpretations shall be:

1. In writing, and shall quote the provisions of these Regulations being interpreted and explain their meaning or applicability in the particular or general circumstances that caused the need for interpretation; and

2. Maintained on file in the Planning Division.

Any provisions of these Regulations that are determined by the Director to need refinement or revision will be

corrected by amending these Regulations as soon as is practical. Until amendments can occur, the Director will maintain a complete record of all official interpretations, available for public review, and indexed by the number of the section that is the subject of the interpretation.

D. Appeals and Referral. Any interpretation of these Regulations by the Director may be appealed within 10 days after the date of the written interpretation to the Planning Commission. As provided by Chapter 19.12 (Appeals), interpretations by the Commission may be appealed within 10 days to the Council. All appeals shall be filed in compliance with Chapter 19.12 (Appeals).

(Ord. 2185, Ord. 2364 §377)