§ 1.02

This section provides rules for resolving questions about the meaning or applicability of any part of this zoning ordinance. The provisions of this section are intended to ensure the consistent interpretation and application of the requirements of this zoning ordinance and the general plan. (Ord. No. 1062, § 2(Exh. A), 11-25-04)

• A. Authority. The planning agency shall have the final responsibility and authority to interpret the meaning and applicability of all provisions and requirements of this zoning ordinance, the community development director may act in an advisory capacity.

• B. Minimum requirements. The provisions of this zoning ordinance shall be strictly interpreted and applied as minimum requirements for the promotion of the public health, safety, convenience and general welfare.

• C. Language.

  1. Terminology. When used in this zoning ordinance, the words "shall," "will," "must," "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 "include," "includes," and "including" mean "including but not limited to . . . " and the word "used" includes the words "arranged for, designed for, occupied or intended to be occupied for."

  2. Abbreviated titles and phrases. For the purpose of brevity, and unless otherwise indicated, the follow-ing phrases, names of personnel and decision making bodies are shortened in this zoning ordinance.

The City of Cypress is referred to as the "city."

The city council is referred to as the "council."

The community development department is referred to as the "department."

The community development director is referred to as the "director."

The City of Cypress General Plan is referred to as the "general plan."

The planning agency shall mean the city council.

The State of California is referred to as the "state."

The nonconforming use hearing board is referred to as the "nonconforming use hearing board."

The County of Orange is referred to as the "county."

The City of Cypress Municipal Code is referred to as the "Municipal Code."

The California Subdivision Map Act is referred to as the "Map Act."

3. Number of days. Whenever a number of days is specified in this zoning ordinance, or in any permit, condition of approval, or notice issued or given as provided in this zoning ordinance, the number of days shall be construed as calendar days, unless business days are specified. Time limits will extend to the following business day where the last of the specified number of days falls on a day that the city is not open for business, except as otherwise provided for by the Map Act.

4. State law requirements. Where this zoning ordinance 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.

• D. Calculations—Rounding. Where provisions of this zoning ordinance require calculations to determine applicable requirements, any fractional/decimal results of the calculations shall be rounded as provided by this subsection.

1. Minimum parcel area and number of parcels. The fractional/decimal results of calculations of the number of housing units allowed within a zoning district shall be rounded down to the next lowest whole number.

   2. Residential density. The fractional/decimal results of calculations of the number of housing units allowed within a zoning district shall be rounded down to the next lowest whole number.

   3. All other calculations. For all calculations required by this zoning ordinance other than those described in subsections D.1 and D.2 above, the fractional/decimal results of calculations shall be rounded to the next highest whole number when the fraction/decimal is one-half (0.5) or more, and to the next lowest whole number when the fraction is less than one-half (0.5).

• E. Conflicting requirements. Any conflicts between different requirements of this zoning ordinance, or between this zoning ordinance and other regulations, shall be resolved as follows.

  1. Zoning ordinance provisions. In the event of any conflict between the provisions of this zoning ordinance, the most restrictive requirement shall control.

  2. Development agreements or specific plans. In the event of any conflict between the requirements of this zoning ordinance and standards adopted as part of any development agreement or specific plan, the requirements of the development agreement or specific plan shall control.

  3. Other ordinances or adopted codes. In the event of any conflict between requirements of this zoning ordinance and other ordinances or adopted codes, the most restrictive shall control, except as may be superseded by resolution or ordinance.

  4. Private agreements. It is not intended that the requirements of this zoning ordinance shall interfere with, repeal, abrogate or annual any easement, covenant, or other existing agreements that are more restrictive than the provisions of this zoning ordinance. The city shall not enforce any private covenant or agreement unless it is a party to the covenant or agreement.

• F. 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. Where zone boundaries are shown as approximately following legal lot lines or the right-ofway lines of highways, streets, or alleys, such lines shall be the zone boundaries. In all other cases where a district abuts a highway, street, or alley, the zone boundaries shall extend to the centerline of the high-way, street, or alley.

  2. In the case of unsubdivided property where a zone boundary divides a lot, the location of the boundary, unless the boundary is indicated by dimensions or legal description, shall be determined by use of the scale appearing on the zoning map.

  3. Where a public highway, street, or alley, or any portion thereof is officially vacated or abandoned, the vacated or abandoned highway, street, or alley shall acquire the zone classification of the property to which the vacated or abandoned portion reverts.

4. In the event of any other uncertainty regarding zone boundaries, the planning agency, by written decision, shall determine the location of the zone boundary.

• G. Allowable uses of land. If a proposed use of land is not specifically listed in article II (Zoning Districts and Allowable Land Uses) the use shall not be allowed, except as follows.

  1. Similar uses allowed. The planning agency may determine that a proposed use not listed in article II may be allowed as a permitted or conditional use, or is not allowed. In making such a determination, the planning agency shall first find that:

     • 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 as allowable, and will not involve a greater level of activity, population density, traffic generation, parking, dust, noise or intensity than the uses listed in the zoning district;

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

     • c. The proposed use will be consistent with the goals, objectives and policies of the general plan and any applicable specific plan.

       • A determination by the planning agency that a use is not allowed may be appealed in compliance with section 27 (Appeals and Revocations).

  2. Applicable standards and permit requirements. When the planning agency 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 the use is allowed, what permits are required and what other standards and requirements of this zoning ordinance apply.

• H. Measurement of height, yard and area requirements. When this zoning ordinance requires that compliance to a standard is met by specific measurements and there is an ambiguity concerning the measurement, the planning agency shall make a determination as to the correct measurement.

• (Ord. No. 1062, § 2(Exh. A), 11-25-04)

It shall be the duty of the planning agency to determine that the meaning or applicability of any of the requirements of this zoning ordinance are subject to interpretation generally, or as applied to a specific case.

• A. Request for interpretation. The request for an interpretation or determination shall be made to the department, shall include all information required by the department, and the fee established by the city's fee resolution.

• B. Findings, basis for interpretation. The issuance of an interpretation by the planning agency shall include findings stating the basis for the interpretation. The basis for an interpretation may include technological changes or new industry standards. The issuance of an interpretation shall also include a finding documenting the consistency of the interpretation with the general plan.

• C. Record of interpretations. Official interpretations shall be:

  1. Written, and shall quote the provisions of this zoning ordinance being interpreted, and the applicability in the particular or general circumstances that caused the need for interpretations, and the determination; and

  2. Kept on file in the community development department.

Any provision of this zoning ordinance that is determined by the planning agency to need refinement or revision will be corrected by amending this zoning ordinance as soon as is practical. Until an amendment can occur, the planning agency will maintain a complete record of all official interpretations as an appendix to this zoning ordinance, and indexed by the number of the section or subsection that is the subject of the interpretation.

• D. Appeals. Any interpretation of this zoning ordinance by the planning agency may be appealed in compliance with section 25 (Appeals and Revocations).