A. Purpose: The zoning administrator has the authority to interpret the zoning code on a regular basis. Certain interpretation may be elevated when necessary to the planning commission to make formal interpretations that may have a significant impact on the community at large. This section provides the framework for interpretations and clarifies the use of some basic terms.
B. Rules Of Interpretation: The planning director shall have the authority and responsibility to interpret terms, provisions, and requirements of this title according to the following:
1. Terminology: The following rules apply to all provisions of this title:
a. Language: The words "shall", "will", "is to", and "are to" and similar words and phrases are always mandatory. "Should" is not mandatory but is strongly recommended and "may" is permissive.
b. Tense And Number: The present tense includes the past and future tense, and the future tense includes the present. The singular number includes the plural, and plural numbers include the singular unless the natural construction of the word indicates otherwise.
c. 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".
2. Number Of Days: Whenever a number of days is specified in this code, or in any entitlement, condition of approval, or notice issued or given as provided in this code, 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.
3. Minimum Requirements: All provisions of this code are considered to be minimum requirements, unless specifically stated otherwise.
4. Calculations; Rounding: Where any provision of this code requires calculation to determine applicable requirements, any fractional/decimal results of the calculation shall be rounded to the nearest whole number (0.5 or more is rounded up, less than 0.5 is rounded down).
5. Exclusive Listings: Any list of any item, including zones or uses, is exclusive. If a use or other item is not listed, it is not permitted, unless the use is determined to be similar to a listed use or use category.
6. Zone Boundaries: Where uncertainty exists with respect to the boundaries of the various zones as shown on the zoning map, the provisions of subsection 9-3-3
E, "Zoning Map Interpretation", of this title shall apply.
C. Official Zoning Interpretations: Official interpretations may be prepared whenever an ambiguity in a zoning regulation exists, or a formal request for an interpretation is made by an applicant, property owner, or interested party to the planning director. The procedure for an official zoning interpretation shall be as provided in section 9-2B-8, "Official Zoning Interpretation", of this title. (Ord. 2013-05, 2-6-2014)