20.08.050 Interpretation of zoning code provisions.
A. Procedures for Interpretation.
1. The director of community development, where reasonably necessary, shall interpret the provisions of this zoning code to assure adherence to the provisions contained in the code. Any person who is aggrieved by any such interpretation may submit in writing, within 10 days after the date of the director’s decision, a request that such interpretation be reviewed by the planning commission.
2. Upon receipt of such a request, the planning commission shall in a timely manner review the interpretation as made, and shall approve, modify, or disapprove the director of community development’s interpretation.
3. Any person aggrieved by the decision of the planning commission may, in writing, within 10 days after the date of the planning commission’s decision, request that the decision be reviewed by the city council.
4. Upon receipt of such request, the city council, at its next regularly scheduled meeting, shall review the decision and approve, modify, or disapprove the planning commission’s determination. The interpretation by the city council shall be final and conclusive.
B. Rules of Interpretation.
1. Terminology. When used in this chapter, the following rules apply to all provisions of this zoning code:
a. Language. When used in this zoning code, the words “shall,” “must,” “will,” “is to,” and “are to” are mandatory. “Should” is not mandatory but is strongly recommended, and “may” is permissive.
b. Tense. The present tense includes the past and future tense, and the future tense includes the present.
c. Number. The singular number includes the plural number, and the plural the singular, unless the natural construction of the words indicates otherwise.
d. Calculations.
i. Residential Density. When the calculation of residential density results in a fraction, the number of allowed units is rounded up to the whole number. For projects eligible for a density bonus pursuant to Government Code Section 65915 or any successor statute and Chapter 20.52 CMC, Part 10 (Housing Incentives), any fractional number of permitted density bonus units shall be rounded up to the next whole number.
ii. Other Calculations. For calculations other than residential density, 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, except as otherwise provided.
e. 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.”
f. Local Reference. “City” as used in this zoning code means the city of Cudahy, and all public officials, bodies, and agencies referenced are those of the city unless otherwise stated.
g. Definitions. As defined in Chapter 20.88 CMC and/or as determined/interpreted by the director.
2. Number of Days. Whenever the 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, 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.
3. Minimum Requirements. When interpreting and applying the regulations of this zoning code, all provisions shall be minimum requirements, unless specifically stated otherwise.
C. Uses Not Classified.
1. Use Not Listed Is Not Allowed. If a use of land is not specifically listed in the zoning code, the use shall not be allowed, except as provided below.
2. Director’s Determination. Based on the authority granted in subsection (A) of this section, the director may determine that a land use that is not listed in this zoning code may be allowed. In making this determination, the director shall first make all of the following findings:
a. 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;
b. The use will meet the purpose/intent of the zone that is applied to the location of the use; and
c. The use will be consistent with the goals, objectives, and policies of the general plan.
3. 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 this zoning code apply. (Ord. 690 § 4 (Exh. A), 2018).