Pismo Beach Municipal Code Ch. 17.02 Interpretation of 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 provisions of this Zoning Code and the general plan/local coastal program.

A. Authority. The director of public services is assigned the responsibility and authority to interpret the requirements of this Zoning Code.

B. Language.

1. Abbreviations. For the purpose of brevity, the following phrases, personnel and document titles are shortened hereafter in this Zoning Code. The city of Pismo Beach is referred to hereafter as the "city." The city of Pismo Beach Zoning Code is referred to hereafter as "this Zoning Code." The director of public services is referred to hereafter as "director," the city council is referred to as the "council," the planning commission is referred to as the "commission." "Buildings and structures" are referred to hereafter as "structures."

2. Terminology. When used in this Zoning Code, 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. 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 "includes" and "including" shall mean "including but not limited to . . .".

3. 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. Time limits will extend to the next working day where the last of the specified number of days falls on a weekend or holiday.

4. State Law Requirements. Where this Development Code references applicable provisions of State law (for example, 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.

5. Titles and Headings. The titles of the sections, subsections, figures, and tables in this Zoning Code are provided for convenience and general information only, and shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any chapter, section, subsection, figure, or table hereof.

C. Zoning Map Boundaries. If there is uncertainty about the location of any zoning district boundary shown on the official zoning map, the following rules are to be used in resolving the uncertainty:

1. Where district boundaries approximately follow lot, alley, or street lines, the lot lines and street and alley centerlines shall be construed as the district boundaries;

2. If a district boundary divides a parcel and the boundary line location is not specified by instructions printed on the zoning map, the location of the boundary will be determined by using the scale appearing on the zoning map; and

3. Where a public street or alley is officially vacated or abandoned, the property that was formerly in the street or alley will be included within the zoning district of the adjoining property on either side of the centerline of the vacated or abandoned street or alley.

D. Allowable uses of land. If a proposed use of land is not specifically listed in Sections 17.08.030 (Residential District Land Uses and Permit Requirements), 17.12.030 (Commercial District Land Uses and Permit Requirements), or 17.16.030 (Special Purpose District Land Uses and Permit Requirements), the use shall not be allowed, except as follows.

1. Similar Uses Allowed. The director may determine that a proposed use not listed in Article II is allowable for the purposes of accepting an application for processing, and the review authority may approve an application for an unlisted use, if all of the following findings are made:

a. The characteristics of, and activities associated with, the proposed use are equivalent to those of one or more of the uses listed in the zoning district as allowable, and will not involve a higher level of activity or population density than the uses listed in the district;

b. The proposed use will meet the purpose/intent of the zoning district that is applied to the site; and

c. The proposed use will be consistent with the goals, objectives and policies of the general plan/local coastal program and any specific plan.

2. Applicable Standards and Permit Requirements. When the director determines that a proposed, but unlisted, use is equivalent to a listed use, the proposed use will be treated in the same manner as the listed use in determining where it is allowed, what permits are required and what other standards and requirements of this Zoning Code apply.

3. Commission Determination. The director may forward questions about equivalent uses directly to the commission for a determination at a public meeting (a public hearing is not required).

E. Minimum Requirements. When interpreting and applying the regulations of this Zoning Code, all provisions shall be considered to be minimum requirements, unless stated otherwise (e.g., height limits and site coverage requirements for structures, and the numbers and size of signs allowed are maximums, not minimums).

F. Conflicting Requirements:

1. Zoning Code and Other Municipal Code provisions. If conflicts occur between different requirements of this Zoning Code, or between this Zoning Code and other Municipal Code provisions, the most restrictive shall apply.

2. Specific Plans. If conflicts occur between the requirements of this Zoning Code and standards adopted as part of any specific plan, the requirements of the specific plan shall apply.

3. Private Agreements. 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 a private agreement or restriction, without affecting the applicability of any agreement or restriction. The city shall not enforce any private covenant or agreement (for example, deed restrictions, CC&Rs, and other similar instruments).

Whenever the director determines that the meaning or applicability of any of the requirements of this Zoning Code are subject to interpretation as applied to a specific case, the director may issue an official interpretation. Interpretations may also be requested in compliance with this section.

A. Request for interpretation. A request shall be written, specifically state the provision(s) in question, and provide any information to assist in their review.

B. Record of Interpretations. The director will maintain a complete record of all official interpretations, available for public review, and indexed by the number of the section that is the subject of the interpretation. Official interpretations shall be:

1. In writing, and shall quote the provisions of this Zoning Code being interpreted, and explain their meaning or applicability in the particular circumstances that caused the need for interpretation;

2. Distributed to the council, commission, city attorney, city clerk, and department staff; and

3. Maintained in all copies of the Zoning Code used by the department.

C. Appeals and referral. Any interpretations of this Zoning Code by the director may be appealed to the commission as provided by Chapter 17.54 (Appeals). The director may also refer any interpretation to the commission for a determination.