Chapter 17.12 — Interpretation of Zoning Code Provisions

This Chapter provides rules for resolving questions about the meaning or applicability of any part of this Zoning Code. The provisions of this Chapter are intended to ensure the consistent interpretation and application of the requirements of this Zoning Code and the General Plan.

A.

Authority. The Zoning Administrator shall have the responsibility and authority to interpret the meaning and applicability of all provisions and requirements of this Zoning Code.

B.

Language.  

Abbreviated titles and phrases. For the purpose of brevity, the following phrases, personnel and document titles are shortened in this Zoning Code. The City of Pasadena is referred to as the "City." The City of Pasadena Zoning Code is referred to as "this Zoning Code." The Director of Planning and Permitting is referred to as "Director," the City Council is referred to as the "Council," the Planning Commission is referred to as the "Commission." The Planning and Permitting Department is referred to as the "Department." The Zoning and Hearing Officer is referred to as the "Hearing Officer." "Buildings and structures" are referred to as "structures."

Terminology. When used in this Zoning Code, the words "shall," "will," "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 …". The words "and" means that all connected words or provisions apply; the word "or" means that the connected words or provisions shall apply singly or in any combination. The word "either … or" indicates that the connected words or provisions shall apply singly, but not in combination.

Number of days. Whenever a 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, 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.

Internal cross-references. When a provision of the Zoning Code refers to a requirement elsewhere, the subject of the cross reference is assumed to be another Chapter or provision of the Zoning Code, or another provision within the same Section, unless the title of another document is provided. For example:

a.

"See Section 17.12.010" means "See Section 17.12.010 of this Zoning Code";

b.

"… in compliance with Subsection D.2," means "… in compliance with Subsection D.2 of this Section;" and

c.

"See Chapter 9.20 of the Municipal Code," means "See Chapter 9.20 of the Pasadena Municipal Code."

State law requirements. Where this Zoning Code 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.

C.

Calculations - Rounding. Where provisions of this Zoning Code require calculations to determine applicable requirements, any fractional/decimal results of the calculations shall be rounded as provided by this Subsection.

Residential density, minimum lot area, and number of lots. The fractional/decimal results of calculations of the number of dwelling units allowed on a parcel based on maximum density requirements, and the number of parcels allowed through subdivision based on a minimum lot area requirement, shall be rounded down to the next lowest whole number, except when calculating a density bonus in compliance with 17.42 (Affordable Housing Incentives and Requirements). In the case of a density bonus, the fractional/decimal results of a calculation of the number of dwelling units allowed shall be rounded up to the next whole number.

All other calculations. For all calculations required by this Zoning Code other than those described in Subsection C.1 above, the fractional/decimal results of calculations shall be rounded to the next highest whole number when the fraction/decimal is 0.5 or more, and to the next lowest whole number when the fraction is less than 0.5.

D.

Conflicting requirements. Any conflicts between different requirements of this Zoning Code, or between this Zoning Code and other regulations, shall be resolved as follows.

Zoning Code provisions. Where uncertainty exists regarding the interpretation of any provision of this Zoning Code or its application to a specific site, the Zoning Administrator shall determine the intent of the provision. The determination shall take the form of a written zoning administration interpretation which shall constitute the precedent for all future interpretation of the subject section.

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

Municipal Code provisions. In the event of any conflict between requirements of this Zoning Code and other regulations of the City, the Zoning Administrator shall determine which provision shall control.

Private agreements. It is not intended that the requirements of this Zoning Code shall interfere with, repeal, abrogate, or annul any easement, covenant, or other agreement that existed when this Zoning Code became effective. This Zoning Code applies to all land uses and development regardless of whether it imposes a greater or lesser restriction on the development or use of structures or land than an applicable private agreement or restriction, without affecting the applicability of any agreement or restriction. The City shall not enforce any private covenant or agreement unless it is a party to the covenant or agreement.

City adopted guidelines. In the event of any conflict between requirements of this Zoning Code and any City adopted guidelines, the Zoning Code shall control.

General versus specific. The specific requirement shall control over the general requirement.

E.

Zoning Map boundaries. See Section 17.20.020 (Zoning Map and Zoning Districts).

F.

Allowable uses of land. See Section 17.21.030 (Allowable Land Uses and Permit Requirements).

Whenever the Zoning Administrator determines that the meaning or applicability of any of the requirements of this Zoning Code are subject to interpretation generally, or as applied to a specific case, the Zoning Administrator may issue an official interpretation or refer the question to the Board of Zoning Appeals for determination.

A.

Request for interpretation. The request for an interpretation or determination shall be filed with the Department and shall identify each specific provision in question, and any other information necessary to assist the Department in their review.

B.

Appeals. Any interpretation of this Zoning Code by the Zoning Administrator or the Board of Zoning Appeals may be appealed in compliance with Chapter 17.72 (Appeals).