El Cerrito Municipal Code Ch. 19.02 Rules for Construction of Language and Interpretation

The purpose of this Chapter is to provide precision in the interpretation of the zoning regulations. The meaning and construction of words and phrases defined in the Chapter apply throughout this Zoning Ordinance, except where the context indicates a different meaning.

(Ord. 2008-2 Div. II (part), 2008.)

A. The specific controls the general. For example where there is a general provision that states "Quality materials shall be used to construct a fence" and a specific provision in the same section states "All fences shall be constructed of wood", the interpretation is that all fences governed by that section shall be constructed of wood, no other materials shall be allowed.

B. If there is a conflict between a more specific statute and a general one, the specific one controls. Where there is no conflict, however, a general provision is still applicable.

C. 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. "Or" indicates that the connected words or provisions may apply singly or in any combination.

3. "Either . . . or" indicates that the connected words or provisions shall apply singly but not in combination.

D. In case of conflict between the text and a graphic or diagram, the text controls.

E. References to departments, commissions, boards, or other offices are to those of the City of El Cerrito unless otherwise indicated.

F. References to a public official in the City are to that person who performs the function referred to and includes a designated deputy of such official.

G. All references to days are to calendar days unless otherwise indicated. In the event a date ends on a Saturday, Sunday, or a day when the City offices are closed, the date shall be considered to be the next consecutive business day. The end of a period shall be the close of business on the last day.

H. Section titles and section headings contained herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of any section.

I. The words "activities" and "facilities" include any part thereof of the activity or facility.

(Ord. 2008-2 Div. II (part), 2008.)

A. Zoning Regulations. Where uncertainty exists regarding the interpretation of any provision of this Zoning Ordinance or its application to a specific site, the Zoning Administrator shall determine the intent of the provision pursuant to Section 19.33.040.

B. Zoning Map. The following rules shall apply to zoning boundary determinations:

1. Where the exact boundaries of a district cannot be readily or exactly ascertained by reference to the official Zoning Map, the boundary shall be deemed to be along the nearest street centerline, lot line, or geographic feature, such as a creek, as the case may be.

2. Public streets, utility and other rights-of-way shall be in the same zoning district as contiguous property. Where contiguous property is classified in different zoning districts, the centerline of the street or right-of-way shall be the district boundary, unless otherwise depicted on the zoning map.

3. District boundaries shown as lying at the edge of a body of water shall be construed to follow the adopted 100-year floodplain identified for the watercourse.

4. If any uncertainty remains as to the location of a district boundary or other feature shown on the zoning map, the location shall be determined by the Zoning Administrator.

C. Record of Interpretation. The Zoning Administrator shall keep a master record of interpretation made pursuant to this Section which shall be available to the public.

(Ord. 2008-2 Div. II (part), 2008.)