San Fernando Municipal Code Div. 2 Interpretation of Zoning Code Provisions

This section provides rules for resolving questions about the meaning or applicability of any requirement of this chapter. The rules provided in this section are intended to ensure consistent interpretation and application of the provisions of this chapter.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

The director shall have the responsibility and authority to interpret the requirements of this chapter unless specified otherwise in this chapter.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a) Terminology. When used in this chapter, 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 .. .." The words "buildings and structures" are referred to as "structures."

(b) Common words use. If not specifically defined herein, or the context otherwise requires, then words of common use shall be defined as found in standard dictionaries.

(c) Number of days. Whenever a number of days is specified in this chapter, or in any permit, condition of approval, or notice issued or given as provided in this chapter, the number of days shall be construed as calendar days, unless otherwise specified. Time limits will extend to the following working day where the last of the specified number of days falls on a weekend, a city-recognized holiday, or a day the city is not open for business.

(d) Minimum requirements. When any regulation of this chapter is being interpreted and applied, all provisions shall be considered to be minimum requirements, unless stated otherwise (such as height limits and site coverage requirements for structures, and the numbers and size of signs allowed are maximums, not minimums).

(e) State law requirements. Where this chapter references provisions of state law (e.g., The California Government Code, Subdivision Map Act, Public Resources Code, and the like), the reference shall be construed to be the current state law provisions, as they may be amended from time to time.

(f) Residential zones. Whenever this chapter refers to "residential zones," it shall mean properties in the R1, R2, R3, RPD overlay and residential zones with a PD overlay.

(g) Calculations - rounding. Wherever this chapter requires calculations to determine applicable requirements, any fractional result of the calculation shall be rounded to the next higher whole number when the fraction is 0.5 or greater, and to the next lowest whole number when the fraction is less than 0.5. In the case of the number of dwelling units, numerical quantities that are a fraction of whole numbers shall be rounded to the next higher whole number.

(h) 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 distances printed on the zoning map, the location of the boundary will be determined by the scale on the zoning map; and

(3) Where a public street or alley, railroad, or utility right-of-way is officially vacated or abandoned, the property that was formerly in the right-of-way will be included within the zoning district of the adjoining property on either side of the centerline of the vacated or abandoned right-of-way or easement.

(i) Allowable uses of land. If a proposed use of land is not specifically listed in division 2 (Residential Zones), division 3 (Commercial Zones), division 4 (Industrial Zones), division 5 (Specific Plan Zones) and division 6 (Overlay Zones) of article II, the use shall not be allowed, except as follows.

(j) Applicable standards and permit requirements. When the commission determines that a proposed use not listed in article II 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 chapter apply.

(k) Procedure for interpretations. At the written request of any interested person, or at the director's discretion, the director may determine the meaning or applicability of any requirement of this title and may issue an official interpretation.

(l) Request for interpretation. A request shall be written that specifically states the provision(s) in question and provides any information to assist in the review.

(m) Record of interpretations. Official interpretations shall be:

(1) In writing, and shall quote the provisions of this title being interpreted, and explain their meaning or applicability in the particular or general circumstances that caused the need for interpretation; and

(2) Distributed to the council, commission, city attorney, city clerk, and all pertinent staff.

(n) Appeals and referral. Any interpretation of this chapter by the director may be appealed to the commission as provided in division 2 of article V of the SFMC. The director may also refer any interpretation to the commission for a determination.

(o) Amendments. Any provision of this chapter determined by the director to need refinement or revision should be corrected by amending this chapter as soon as is practical. Until amendments can occur, the director will maintain a complete record of all official interpretations, available for public review, and indexed by the number of the section being interpreted.

(p) Procedure for unlisted uses. Any use may be permitted which in the judgment of the commission, as evidenced by resolution in writing, are similar to and no more objectionable than any of those enumerated in the applicable zone district.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)