Chapter 10.04 — CONSTRUCTION AND TERMINOLOGY

§ 10.04.010 Construction. ¶

The following rules shall apply in this title, unless inconsistent with the plain meaning of the context of this chapter:

(A) The present tense includes the past and future tenses, and the future tense includes the present.
(B) Words used in the singular shall include the plural, and words used in the plural shall include the singular.
(C) In the event there is any conflict or inconsistency between the heading of a chapter, section, or division of this title and the context thereof, such heading shall not be deemed to affect the scope, meaning, or intent of such context.
(D) The words "shall," "will," "is to," and "are to" are always mandatory. "Should" is not mandatory but is strongly recommended. "May" is permissive. "Shall not" and "may not" are always restrictive.
(E) The words "zone district," "zoning district," and "zone" shall have the same meaning.

(F) 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 unless business days are specified. Time limits will extend to the following business day where the last of the specified number of days falls on a day that the city is not open for business, except as otherwise provided for by other state and federal laws, regulations, and agencies.

(G) Whenever a time limit in this title is specified in months, the number of months shall be deemed to be consecutive months.

(H) When a provision of this title refers to a requirement elsewhere, the subject of the cross-reference is assumed to be another chapter, section, or division of this title or another provision within the same section or chapter unless the title of another document is provided.

(I) The provisions of this title are held to be minimum requirements, except where they are expressly stated to be otherwise.

(Ord. 2025-01, passed 1-7-2025)

§ 10.04.020General terminology of persons and entities.

(A) "Applicant" means the property owner or their authorized agent or contractor who is requesting approval of a project.

(B) "Building Official" means the Building Official of the City of Tulare or his/her designee.
(C) "City" means the City of Tulare, California.
(D) "City Council" and "Council" mean the City Council of the City of Tulare.
(E) "City Engineer" means the City Engineer of the City of Tulare or his/her designee.
(F) "Director" means the Community Development Director of the City of Tulare or his/her designee.
(G) "Planning Commission" means the Planning Commission of the City of Tulare.
(H) "Person" means person, firm, corporation, or organization.
(Ord. 2025-01, passed 1-7-2025)

§ 10.04.030 Rules of interpretation. ¶

(A) The Director shall have the responsibility and authority to interpret the meaning and applicability of all provisions and requirements of this title.

(B) A request for an interpretation or determination shall be filed with the Director and shall include all information required by the city.

(C) The Director has the option of forwarding any determination of the meaning or applicability of any provision of this title to the Planning Commission for consideration and decision.

(D) Any affected person may appeal the interpretation of the Director or the Planning Commission to the City Council. If appealed, the City Council shall then make the final interpretation.

(Ord. 2025-01, passed 1-7-2025)

§ 10.04.040 Rules of measurement. ¶

(A) For all measurements and calculations, the applicant or property owner shall be responsible for supplying drawings accurately illustrating the measurements that apply to a project. These drawings shall be drawn to scale and shall include sufficient detail to allow easy verification upon inspection by the city.

(B) When measuring a required distance, such as the minimum distance between a structure and a lot line, the measurement shall be made at the closest or shortest distance between the two objects.

(D) Measurements involving a structure are made to the closest wall of the structure unless otherwise specified.

(E) When measuring the distance between two land uses, the measurement shall be made from the closest lot line to the lot line.

(F) When measuring height, the measurement shall be the vertical distance from the highest point to the ground level directly below, unless otherwise specified; provided, however, the provisions of this section shall not apply to the height of any structure necessary for public safety or as required by any law or regulation of the state or an agency thereof.

(G) Where there is a grade difference on either side of a fence or wall, the height of the fence or wall shall be measured on the higher side.

(H) Minimum lot width shall be measured at the front setback line, or from the front property line if there is no required setback, as determined by the zoning of the lot.

(I) Lot depth is measured along an imaginary straight line drawn from the midpoint of the front property line of the lot to the midpoint of the rear property line or to the most distant point on any other lot line where there is no rear lot line.

(J) Required building setback area shall be measured as the minimum horizontal distance from the property line of the site or street line to a line parallel thereto on the site; provided, however, where a precise street plan has been adopted by the City Council, required front building setback area shall be measured from the precise street plan line.

(K) Where a site abuts a street having only a portion of its required width dedicated or reserved for street purposes, the site area and required building setback areas shall be measured from a line representing the boundary of the additional width required for street purposes abutting the site.

(Ord. 2025-01, passed 1-7-2025)