Chapter 17.06 — INTERPRETATION

The purpose of this chapter is to specify the authority and procedures for clarification of ambiguity in the regulations of this title in order to ensure consistent interpretation and application. (Ord. 2010-02 § 1 (part), 2010)

If questions arise concerning the meaning or applicability of the provisions of this title, it shall be the responsibility of the Community Development Director to review pertinent facts, determine the intent of the provision, and issue an administrative interpretation of said provision(s) as specified in this chapter. (Ord. 2010-02 § 1 (part), 2010)

The Community Development Director shall interpret terms, provisions, and requirements of this title according to the following:

A. Zoning District Boundaries. Where uncertainty exists with respect to the boundaries of the various zoning districts as shown on the zoning map, the provisions of Section 17.18.040F (Zoning Map Interpretation) shall apply.

B. Zoning Regulations. Any list of any item, including zoning districts or uses, is exclusive. If a use or other item is not listed, it is not permitted unless, per the provisions of Section 17.12.040 (Similar Use Determination), the use is determined to be similar to a listed use or use category.

• C. General Terminology. When used in this title, the following rules apply to all provisions of this title.

1. Language and conjunctions.

• a. The word CITY refers to the City of Pinole.

• b. The phrase COMMUNITY DEVELOPMENT DIRECTOR refers to the City of Pinole Community Development Director and his or her designee.

c. The words SHALL, MUST, WILL, IS TO, and ARE TO are always mandatory. “Should” is not mandatory but strongly recommended and “may” is permissive.

• d. The word BUILDING encompasses the word STRUCTURE.

e. 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…”

2. Gender. Each gender encompasses the masculine, feminine, and neuter genders.

3. Tense and number. Words used in the present tense include past and future and vice versa, unless manifestly inapplicable. Words in the singular include the plural, and words in the plural include the singular.

4. Number of days. Whenever the number of days is specified in this title, or in any permit, condition of approval or notice issued or given as provided in this title, 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. The term “holiday” or “city holiday” shall mean any day other than the weekend when the city offices are closed for the entire day.

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

E. Calculations - 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 (one half (0.5) or more is rounded up, less than one half (0.5) is rounded down). (Ord. 2010-02 § 1 (part), 2010)

A. Official Interpretation. Whenever the Community Development Director determines that an ambiguity in a zoning regulation exists or upon the request of an applicant, property owner or interested party, the Community Development Director shall issue an official interpretation. Official interpretations shall be in writing and shall cite the provisions being interpreted together with an explanation of the meaning or applicability of the provision(s) in the particular or general circumstances that caused the need for interpretation. All official interpretations shall be provided to the requestor, Planning Commission, City Manager, City Attorney and City Council. The official

interpretation shall also include information regarding the city's appeal procedures, as appropriate. The Community Development Director shall make an interpretation based on his or her judgment and understanding of the current Zoning Code and pertinent sections of the municipal code.

B. Amendment. Any provision determined by the Community Development Director to be ambiguous pursuant to this chapter shall be clarified by amendment to the Zoning Code as soon as is practical.

C. Record. The Community Development Director shall maintain a record of all official interpretations available for public review. (Ord. 2010-02 § 1 (part), 2010)

Appeal of the Community Development Director for official interpretations shall be made in accordance with the procedures specified in Section 17.10.070 (Appeals). (Ord. 2010-02 § 1 (part), 2010)