La Puente Municipal Code § 10.04.030 Procedures for Interpretation

Sections:

• 10.04.010 Purpose.

• 10.04.020 Rules of Interpretation.

• 10.04.030 Procedures for Interpretation.

• 10.04.040 Uses Not Classified.

• 10.04.050 Text Takes Precedence over Graphics.

The purpose of this Chapter is to specify the authority and procedures for clarifying any ambiguity in the regulations of this Zoning Code, and to ensure consistent interpretation and application. (Ord. 935 § 3 (part), 2015)

In interpreting and applying the provisions of this Zoning Code, affected parties shall be held to the minimum requirement for the promotion of the public health, safety, comfort, convenience, and general welfare. It is not intended by this Zoning Code to interfere with or abrogate or annul any easement, covenant, or other agreement between parties. When this Zoning Code imposes a greater restriction upon the use of buildings or land, or upon the height of buildings, or requires larger open spaces than are imposed or required by other provisions of the Municipal Code or by easements, covenants, or agreements, the provisions of this Zoning Code shall control. (Ord. 935 § 3 (part), 2015)

A. Ambiguity of Provisions. If ambiguity arises concerning the meaning or applicability of any provision of the Zoning Code, the Director, as described in Section 10.110.060 (Director), shall have the responsibility to review pertinent facts, determine the intent of the provision, and to issue an administrative interpretation. The Director may refer any such matter to the Commission for decision.

B. Appeals of Interpretations. Interpretations by the Director and Commission may be appealed to the designated Appeal Authority as described in Chapter 10.114 (Appeals).

C. Terminology. When used in this Zoning Code, the following rules apply to all provisions:

1. Language. 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. 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 ...”.

5. Local Reference. “City” as used in this Zoning Code means the City of La Puente and all public officials, bodies, and agencies referenced herein are those of the City unless otherwise stated.

6. Number of Days. Whenever the number of days is specified in this Zoning Code, or in any permit, condition of approval, or notice issued or given as provided in this Zoning 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, unless otherwise provided by law.

7. Partial Numbers. All partial or fractional numbers shall be rounded up to the next highest whole number, except in the case of residential density, which shall be rounded down to a whole number, and parking space requirement, which shall be rounded up or down to the nearest whole number.

D. Minimum Requirements. When interpreting and applying the regulations of this Zoning Code, all provisions shall be considered to be minimum requirements, unless specifically stated otherwise. (Ord. 935 § 3 (part), 2015)

A. Uses not Classified Are not Allowed; Exceptions.

For any use not specifically listed or described in this Zoning Code, that use shall not be allowed, except as may provided in paragraph B.

B. Director’s Determination.

1. The Director shall have the authority to make an administrative determination as to whether a specific use is substantially similar to one of the listed uses in Article 2 (Zones, Allowable Land Uses, and Development and Design Standards). The Director may at his or her discretion refer the determination to the Commission.

2. In making a determination that a proposed use is or is not similar to those listed, the Director or Commission shall consider:

a. Whether 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, or noise than the uses listed in the zone;

b. The purposes of the applicable zone and/or specific plan; and

c. The goals and policies of the General Plan.

3. The Decision of the Director or Commission is appealable to the Council pursuant to the provisions of Chapter 10.114 (Appeals). All such final determinations shall be recorded in writing to include a finding that the proposed use is substantially similar to uses permitted in the proposed zone and consistent with the intent of the applicable zone. (Ord. 935 § 3 (part), 2015)

In case of a conflict between the Zoning Code text and any diagram, illustration, or image contained in the Zoning Code, the text shall control. (Ord. 935 § 3 (part), 2015)