Fowler Municipal Code Ch. 9.15 Rules of Interpretation

The purpose of this Chapter is to specify the authority, procedures, and rules for clarifying ambiguity in the regulations of this Title to ensure consistent interpretation and application of the Title.

A. Authority to Interpret. Where uncertainty exists regarding the interpretation of any provision of this Title or its application to a specific site, the Director shall have the authority and responsibility to interpret such terms, provisions, and requirements.

B. Record of Interpretation. Code interpretations shall be made in writing and shall state the facts upon which the Director relied to make the determination. The Department shall keep a record of interpretations made pursuant to this Chapter on file for future reference.

C. Applicability of Interpretation. Code interpretations shall be applied in all future cases, provided that any interpretation may be superseded by a later interpretation when the Director determines that the earlier interpretation was in error or no longer applicable under the current circumstances.

D. Right to Appeal. A Code interpretation by the Director may be appealed to the Planning Commission as provided in Section 9.30.090 (Appeals of Discretionary Actions).

The following rules of interpretation shall be used in the application of the terms, provisions, and requirements of this Code.

A. Abbreviations. The following phrases, personnel, and document titles are shortened in this Code:

1. City of Fowler = City.

2. Title 9 (Zoning) = Title = Zoning Ordinance = Ordinance = Zoning Code = Code.

3. Community Development Director = Director.

4. City Council = Council.

5. Community Development Department = Department.

6. Planning Commission = Commission.

B. Terminology. The following rules apply to all provisions in this Code:

1. Language. The words "shall," "will," "is to," and "are to" and similar words and phrases are always mandatory. "Should" is not mandatory but is strongly recommended. "May" is permissive.

2. Tense and number. The present tense includes the past and future tense, and the future tense includes the present. The singular number includes the plural, and plural numbers include the singular unless the natural construction of the word indicates otherwise.

3. 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."

C. Number of Days. Whenever a number of days is specified in this Title, or in any permit, approval, condition of approval, or notice issued or given as provided in this Title, the number of days shall be construed as calendar days, unless business days are specified. Where the last of the specified number of days to act in accordance with this Code falls on a weekend or City holiday as set by the City Council, the time limit will extend to the following business day.

D. Minimum Requirements. All provisions of this Title are considered to be minimum requirements, unless specifically stated otherwise.

E. Calculations and Rounding. Where any provision of this Title requires calculation to determine applicable requirements, any fractional/decimal results of the calculation shall be rounded to the nearest whole number (0.5 or more is rounded up, less than 0.5 is rounded down).

F. Zoning Regulations. Any list of any item, including zones or uses, is exclusive. If a use or other item is not listed, it is not permitted unless the use is determined to be similar to a listed use or use category in accordance with Chapter 9.80 (Similar Use Determination).

G. Zone District Boundaries. Where uncertainty exists with respect to the boundaries of the various zones as shown on the Zoning Map, the following rules shall apply:

1. Zone district boundaries shown as approximately following the property line of a lot or an open space line shown on a map shall be construed to follow such lines.

2. Where a zone district boundary divides a lot, the location of the district boundary shall be determined by the Director. Such determinations shall not constitute amendment of the Zoning Map.

3. Zone district boundaries shown as approximately following right-of-way lines of highways, streets or other identifiable boundary lines shall be construed to follow such right-of-way or boundary lines.

4. Zone district boundaries shown as lying within right-of-way lines of highways, streets, defined natural features, or other identifiable boundary lines shall be construed to follow the centerline of such right-of-way or boundary lines.

5. Zone district boundaries shown as lying at the edge of a mapped floodplain boundary line shall be construed to follow the adopted the Federal Emergency Management Agency or the California Department of Water Resources floodplain boundary or contour for the watercourse, as determined by the Director.

6. If the zone district classification of any land is in question, it shall be deemed to be in the most restrictive adjoining district consistent with the General Plan.

7. If any uncertainty remains as to the location of a zone district boundary or other feature shown on the Zoning Map, the location shall be determined by the Director. Such determinations shall not constitute amendment of the Zoning Map.

H. Consistency of Text and Diagrams. Diagrams are provided within this Title to illustrate the requirements of the Title's text. In the event of conflict between the text of this Title and provided diagrams, the text shall determine the City's regulations.