§ 22.02.020. Rules of Interpretation.

A.

Authority. The Director shall have the responsibility and authority to interpret the meaning and applicability of all provisions and requirements of this Title.

B.

Effect of provisions.

1.

Minimum requirements. The regulations and standards set forth in this Title shall be considered minimum requirements, which are binding upon all persons and bodies charged with administering or enforcing this Title.

2.

Effect upon private agreements. It is not intended that these regulations shall interfere with or annul any easements, covenants or other agreement between parties. When these regulations impose a greater restriction upon the use of land, or upon the height of structures, or require larger open spaces than are imposed or required by other ordinances, rules, or regulations, or by covenants, easements or agreements, these regulations shall control.

C.

Language.

1.

Construction. When used in this Title, the words "shall," "will," and "is to" are always mandatory and not discretionary. The words "should" or "may" are permissive. The present tense includes the past and future tenses; and the future tense includes the present. The singular number includes the plural, and the plural the singular. "Including" means "including, but not limited to…"

2.

Definitions. Definitions of the specialized terms and phrases used in this Title are contained in Article 8 (Land Use Ordinance Definitions), or in certain other sections of this Title where the terms and phrases are used.

3.

Time of day. Whenever a certain hour or time of day is specified in this Title, or any permit, condition of approval or notice issued or given in compliance with this Title, the hour shall be standard time or daylight savings time, whichever is in current use in the county.

4.

Number of days. When a number of days is specified in this Title, or in any permit, condition of approval or notice issued or given in compliance with this Title, the number of days shall be deemed to be consecutive calendar days, unless the number of days is specifically identified as business days. When the term "week" is used, it shall mean the days from Sunday to the following Saturday, inclusive. If the last day for the performance of any act required to be performed within a specified time is a holiday, then the time period shall be extended to, and shall include, the next day that is not a holiday. The term "holiday" shall mean Saturday, Sunday, and all days when the County offices are closed for the entire day.

5.

Rounding of quantities. Whenever this Title requires consideration of distances, numbers of dwelling units, parking spaces or other aspects of development expressed in numerical quantities that are fractions of whole numbers, and this Title uses the quantities in the form of whole numbers only, the numbers shall be rounded to the next highest whole number when the fraction is 0.5 or more, and to the next lowest whole number when the fraction is less than 0.5; provided, however, that quantities expressing areas of land are to be rounded only in the case of square footage, and shall are not be rounded in the case of acreage.

6.

Internal cross-references. When a provision of this Title refers to a requirement elsewhere, the subject of the cross reference is assumed to be another Chapter or provision of this Title, or another provision within the same Section, unless the title of another document is provided. For example:

a.

"See Section 22.02.040" means "See Section 22.02.040 of this Title ";

b.

." . . in compliance with Subsection D.2," means ." . . in compliance with Subsection D.2 of this Section "; and

c.

"See Chapter 9.30 of this code," means "See Chapter 9.30 of the San Luis Obispo County Code. "

7.

Site area measured. For any uses that require a minimum site area, the area used shall be the net site area (defined in Article 8 (Land Use Ordinance Definitions) as "Site Area, Net"). For parcels of one acre or greater, site area greater than or equal to 0.995 acres net will be rounded up for the purposes of defining net site areas. For example, a parcel of 4.995 acres net will be considered as conforming to a five acre net site area requirement. A parcel of 0.90 acres net would not be considered as conforming to a one acre net site area requirement.

[Added 1994, Ord. 2696]

D.

Map boundaries and symbols. If questions arise about the location of any land use category or combining designation boundary, or the location of a proposed public facility, road alignment or other symbol or line on the official maps, the following procedures are to be used to resolve these questions in the event that planning area standards (Article 9), do not define precise boundary or symbol location:

1.

Where a boundary is shown as approximately following a lot line, the lot line shall be considered to be the boundary.

2.

Where a land use category applied to a parcel of land is not shown to include an adjacent street or alley, the land use category shall be considered to extend to the centerline of the right-of-way.

3.

Where a boundary is indicated as approximately following a physical feature such as a stream, drainage channel, topographic contour line, power line, railroad right-of-way, street or alleyway, the boundary location shall be determined by the Department, based upon the character of the particular feature used as a boundary.

4.

In cases of large ownerships containing separate land use categories unrelated to lot lines or terrain features, the precise location of boundaries is to be determined through Conditional Use Permit review and approval (Section 22.62.060), before any development.

5.

In other cases where boundaries are not related to property lines or contours, planning area standards (Article 9) define the precise boundary location or the necessary procedure for determining its location.

6.

Symbols used to delineate a combining designation may not be property specific. In the case of Historic, and Energy and Extractive area symbols, the text of the applicable Land Use Element area plan will identify the extent of the area covered by the symbol application.

7.

Symbols indicating proposed public facilities are not property specific. They show only the general area within which a specific facility should be established. The actual distance around a symbol where a facility may be located is defined by Framework for Planning, Part I of the Land Use Element.

E.

Allowable uses. See Section 22.06.030.C (Uses Not Listed).

[Amended 1982, Ord. 2091; 1986, Ord. 2250; 1992, Ord. 2553; 1994, Ord. 2696] [22.01.041]