§ 19.04

The purpose of this Chapter is to specify the authority and procedures for clarifying any ambiguity in the regulations of this Development Code, and to ensure its consistent interpretation and application.

A.

Authority. The Director has the authority to interpret provisions of this Development Code according to Section 19.04.030 (Procedures for Interpretation). Whenever the Director determines that the meaning or applicability of a Development Code requirement is subject to interpretation, the Director shall issue a written interpretation. The Director may also refer any issue of interpretation to the Commission for a determination. A decision of the Director may be appealed to the Commission in compliance with Chapter 19.144 (Appeals).

B.

Terminology. When used in this title, the following rules apply to all provisions of this Development Code:

1.

Language. When used in this Development Code, the words "shall," "must," "will," "is to," and "are to" are always mandatory. "Should" is not mandatory but is strongly recommended; and "may" is permissive.

2.

Tense. The present tense includes the past and future tense, and the future tense includes the present.

3.

Number. The singular number includes the plural number, and the plural the singular, unless the natural construction of the words indicates otherwise.

4.

Calculations.

a.

Residential density. When the number of dwelling units allowed on a site is calculated based on the minimum site area per dwelling unit, any fraction of a unit shall be rounded down to the next lowest whole number.

b.

Other calculations. For calculations other than residential density, the fractional/decimal results of calculations shall be rounded to the next highest whole number unless otherwise specified.

5.

Conjunctions. "And" indicates that all connected items or provisions shall apply. "Or" indicates that the connected items or provisions may apply singly or in any combination. "Either...or" indicates that the connected items and provisions shall apply singly but not in combination. "Includes" and "including" shall mean "including but not limited to".

6.

Local reference. "City" as used herein means the City of Duarte and all public officials, bodies, and agencies referenced herein are those of the City unless otherwise stated.

7.

Definitions. As defined in Article 9 (Definitions) and/or as determined/interpreted by the Director.

C.

Number of days. Whenever the number of days is specified in this Development Code, or in any permit, condition of approval, or notice issued or given as provided in this Development Code, the number of days shall be construed as calendar days. When the last of the specified number of days falls on a weekend or City holiday, time limits shall extend to the end of the next working day.

D.

Minimum requirements. When interpreting and applying the regulations of this Development Code, all provisions shall be considered to be minimum requirements, unless specifically stated otherwise.

19.04.030 - Procedures for interpretation.

A.

Authority of director to interpret; referral to commission. Whenever the Director determines that the meaning or applicability of any of the requirements of this Code is subject to interpretation generally, or as applied to a specific case, the Director may issue an official interpretation or refer the question to the Commission for determination.

B.

Request for interpretation. Any party may file a request for an interpretation or determination of this Code with the Director and shall include with such request the specific provisions in question and any other information necessary to assist the Director in the review.

C.

Record of interpretation/determinations. All interpretations and determinations by the Director and Commission shall be made in writing, and a permanent record of such interpretations and determinations shall be kept.

D.

Appeals. Any interpretation of this Code by the Director or Commission may be appealed in compliance with Chapter 19.144 (Appeals).

A.

Use not listed is not allowed. If a proposed use of land is not specifically listed in Article 2 (Zones, Allowable Uses, and Development Standards), the use shall not be allowed, except as provided below.

B.

Director's determination. Based on the authority granted in 19.040.030 (Procedures for Interpretation), above, the Director may determine that a proposed land use that is not listed in Article 2 (Zones, Allowable Uses, and Development Standards) may be allowed. In making this determination, the Director shall first make all of the following findings:

1.

The characteristics of, and activities associated with, the proposed use are equivalent to those of one or more of the uses listed in the zone as allowable, and will not involve a greater level of activity, population density, intensity, traffic generation, parking, dust, odor, noise, emissions, or similar impacts than the uses listed in the zone;

2.

The proposed use will meet the purpose/intent of the zone that is applied to the location of the use; and

3.

The proposed use will be consistent with the goals, objectives, and policies of the General Plan and/or any applicable Specific Plan or Planned Development Permit.

C.

Applicable standards and permit requirements. When the Director determines that a proposed but unlisted land 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 Code apply.

In case of a conflict between the Development Code text and any diagram, illustration, or image contained in the Code, the text shall control.

Chapter 19.06 - ZONING MAP AND ZONES

Sections: