Chapter 17.04 — INTERPRETATION OF THE ZONING REGULATIONS

• A. Ambiguity. The Director is assigned the responsibility and authority to interpret these regulations, subject to the appeal procedures of Chapter 17.126 (Appeals )XX .

• B. Conflict with Public Provisions . These regulations are not intended to interfere with or annul any other law or regulation. Where these regulations impose a restriction different from any other law or regulation, the more restrictive shall apply.

• C. Conflict with Private Provisions. These regulations are not intended to interfere with or annul any easement, covenant, or other agreement between private parties. Where these regulations impose a restriction different from a private agreement, the provisions which are more restrictive or which impose higher standards shall control.

• D. Internal Conflicts. Where provisions indicated in this Article conflict with provisions of other applicable laws, including these Zoning Regulation s, Specific Plans, and other adopted Ordinances, the more restrictive provision shall prevail.

• E. Terminology. When used in this Chapter, the following rules apply to all provisions of the Zoning Regulations:

  1. Language. When used in the Zoning Regulations, the words "shall," "must," "will," "is to," and "are to" are mandatory. Regulations containing the word "should" are be followed unless not doing so will result in better implementation of other zoning regulations or General Plan policies; with the overall objective of ensuring that the intent and spirit of the General Plan and Zoning Regulations are followed. "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 the Zoning Regulations means the City of San Luis Obispo, and all public officials, bodies, and agencies referenced are those of the City unless otherwise stated.

  6. Definitions. All words and terms shall be as defined in the Zoning Regulations, Municipal Code, and/or as determined/interpreted by the Director.

  7. State Law Requirements. References to applicable provisions of State law (e.g., the California Government Code, Public Resources Code) shall be construed to refer to the applicable State law provisions, as they may be amended from time to time.

• E. Number of Days. Whenever the number of days is specified in the Zoning Regulations, or in any permit, condition of approval, or notice issued or given as provided in the Zoning Regulations, the number of days shall be construed as calendar days, unless otherwise specified. 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.

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• F. Fractions. Except as otherwise provided, the fractional/decimal results of calculations of one-half (0.5) or greater shall be rounded up to the nearest whole number and fractions of less than one-half (0.5) shall be rounded down to the nearest whole number.

• G. Minimum Requirements. When interpreting and applying the Zoning Regulations, all provisions shall be considered to be minimum requirements, unless specifically stated otherwise.

• A. Authority of Director to Interpret. Whenever, in the opinion of the Director, or at the discretion of the Planning Commission, there is any question regarding the interpretation of the General Plan, a Specific Plan, or the provisions of the Zoning Regulations or its application to any specific case or situation that warrants formal interpretation, the Director shall interpret the relevant provision of the General Plan, Specific Plan, or Zoning Regulations by written decision or refer the question to the Planning Commission for determination.

• B. Appeals. Any interpretation of the Zoning Regulations by the Director or Planning Commission may be appealed in compliance with Chapter XXXX 1 7.126 (Appeals).

• A. Use Not Listed Is Not Allowed . If a use of land is not specifically listed in Article 2 (Zones, Allowable Uses, and Development and Design Standards) Chapter 17.10 (Use Regulations), the use shall not be allowed, except as provided below.

• B. Director’s Determination. Based on the authority granted in Subsection 17.04.020 (Procedures for Interpretation), the Director may determine that a land use that is not listed in Article 2 (Zones, Allowable Uses, and Development and Design Standards) Chapter 17.10 (Use Regulations) may be allowed. In making this determination, the Director shall first make all of the following findings:

  1. The characteristics of, and activities associated with, the 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, odor, noise, emissions, or similar impacts than the uses listed in the zone;

  2. The use will meet the purpose/intent of the zone that is applied to the location of the use; and

  3. The use will be consistent with the goals, objectives, and policies of the General Plan and/or any applicable specific plan or planned development.

• C. Applicable Standards and Permit Requirements. When the Director determines that an unlisted land use is equivalent to a listed use, the unlisted use will be treated in the same manner as the listed use in determining where the use is allowed, what permits are required, and what other standards and requirements of the Zoning Regulations apply.

• D. Uses Not Permitted in the City of San Luis Obispo. Notwithstanding the above, prohibited uses listed in Section 17.10.020.F (Prohibited Uses), any use not expressly allowed by these Zoning Regulations, and any other uses determined by the Director to have equivalent characteristics and activities to these prohibited uses, shall not be treated as permitted or conditionally permitted uses in any zone of the City of San Luis Obispo.

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In case of a conflict between the Zoning Regulations text and any diagram, illustration, graphic, or image contained in the Zoning Regulations, the text shall take precedence.

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