11-1.2 Director Interpretation and Construction Language — Selma Zoning Code

A. Interpretation

In interpreting and applying the provisions of this Ordinance, the same shall be construed to be the minimum requirement for the promotion of the public health, safety, comfort, convenience, and general welfare.

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Where this Ordinance imposes more stringent restrictions on the use of land or buildings, or upon the height of buildings, or requires larger open spaces around or different location of buildings than may be imposed or required by any other law, rule or regulation or by any easement, covenant or agreement, then the provisions of this Ordinance shall control.

B. Construction Language

In interpreting the various provisions of this Ordinance, the following rules of construction shall apply:

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a. The particular controls the general.
b. Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows:

“And” indicates that all connected words or provisions shall apply.

“And/or” indicates that the connected words or provisions may apply singularly or in any combination.

“Or” indicates that the connected words or provisions may apply singularly or in any combination.

“Either... or” indicates that the connected words or provisions shall apply singularly but not in combination.

c. In case of conflict between the text and a diagram or graphic, the text controls. Diagrams, graphics, and maps are for illustrative purposes only.

Final– Selma Zoning Code

City of Selma Zoning Code Update

d. All references to Departments, Committees, Commissions, Boards, or other Public Agencies are to those of the City, unless otherwise indicated.
e. All references to public officials are to those of the City, and include designated deputies of such officials, unless otherwise indicated.
f. All references to days are to calendar days, unless otherwise indicated. If a deadline falls on a weekend or holiday, or a day when the City offices are closed, it shall be extended to the next working day. The end of a time period shall be the close of business on the last day of the period.
g. Sections and section headings contained herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of any section.
h. 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, and therefore are interchangeable. The singular number includes the plural number, and the plural the singular, and therefore are interchangeable, unless the common meaning of the word indicates otherwise. The words “includes” and “including” shall mean “including, but not limited to.”

is permissive. The present tense includes the past and future tenses; and the future tense includes the present, and therefore are interchangeable. The singular number includes the plural number, and the plural the singular, and therefore are interchangeable, unless the common meaning of the word indicates otherwise. The words “includes” and “including” shall mean “including, but not limited to.”

i. 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, Specific Plan, or the provisions of the Zoning Ordinance 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 Ordinance by written decision which interpretation shall be placed on the Planning Commission agenda as a discussion item.
j. Effect. The interpretation shall become the standard interpretation for future applications effective fourteen consecutive calendar days from the date of the Planning Commission meeting when the interpretation appears on the agenda unless the Planning Commission decides at that meeting to review the interpretation. Such review can occur either at the same meeting that the interpretation first appears on the agenda or at a subsequent meeting. The interpretation, as it may be altered or revised by the Planning Commission, shall become effective fourteen consecutive calendar days from the date of the Planning Commission meeting when the review occurs unless during that fourteen-day time period a member of the City Council submits a written request to the Director that the interpretation be placed on the City Council agenda for its review. If such a Council member request is made and review undertaken, the interpretation, as it may be altered or revised by the City Council, shall become effective fourteen consecutive calendar days from the date of the City Council’s review.
k. Publication. The interpretation shall be published on the Planning Division website after the interpretation becomes effective.