This chapter is intended to provide for a consistent application of the zoning code by establishing rules and procedures for interpreting provisions within the Code.

(Ord. 2010-05, § 1(exh. A), 2010.)

A.

Authority. The director of community development shall have the responsibility and authority to interpret the meaning and applicability of all provisions in the zoning code.

B.

General rules. The following general rules shall apply to the interpretation and application of the zoning code:

1.

The specific shall supersede the general.

2.

Where there is a conflict between the text and a caption or illustration, the text shall govern.

3.

The words "shall", "will", "is to" and "are to" are mandatory. "Should" is not mandatory but is strongly recommended, and "may" is permissive.

4.

The following conjunctions shall be interpreted as follows:

a.

"And" means that all items or provisions so connected shall apply.

b.

"Or" means that all items or provisions so connected may apply singularly or in any combination.

c.

"Either . . . or" means that the items or provisions so connected shall apply, but not in combination.

d.

"And/or" means that all items or provisions so connected shall apply singularly or in combination.

5.

All officials, bodies, agencies, ordinances, policies and regulations referred to in the zoning code are those of the City of Chino unless otherwise noted.

C.

Calendar days. Numbers of days specified in the zoning code shall be construed as continuous calendar days. Where the last of a number of days falls on a holiday or weekend, time limits specified in the zoning code shall be extended to the following working day.

D.

Calculations. The decimal results of calculations shall be rounded to the next highest whole number when the fraction/decimal is .5 or more, and to the next lowest whole number when the fraction/decimal is less than .5.

E.

Unlisted land uses. If a proposed land use is not specifically listed in Chapters 20.03 to 20.09 (Zoning Districts) of the zoning code, the use shall not be permitted except as follows:

1.

The director of community development may determine that an unlisted proposed use is equivalent to a listed use and is permitted if the following findings can be made:

a.

The use is consistent with the goals and policies of the general plan.

b.

The use will meet the purpose and intent of the applicable zoning district.

c.

The use will not adversely affect the character of the applicable zoning district.

d.

The use has the same basic characteristics as other uses permitted in the zoning district.

e.

The use will not be detrimental to the public health, safety or welfare.

f.

The use will generate no greater environmental impacts than other uses permitted in the zoning district.

2.

When the director of community development determines that a proposed use is equivalent to an unlisted use, the proposed use shall be treated in the same manner as the listed use in respect to zones permitted, permits required and all standards and requirements of the zoning code that apply.

3.

Determinations by the director of community development shall be rendered in a manner consistent with section 20.02.030 (Procedures for Interpretation).

4.

Determinations by the director of community development may be appealed to the planning commission as provided in Subsection 20.23.130.I (Appeals).

F.

Zoning map boundaries. If there is uncertainty about the location of any zoning district boundary or other line of the zoning map, the following rules shall apply:

1.

Zoning district boundaries shown as approximately following the property line of a lot shall be construed to follow such property line.

2.

Zoning district boundaries shown as following roads or other rights-of-way shall be construed to follow the centerline of such roads or right-of-way.

3.

On unsubdivided land or where a district boundary divides a lot, the location of the district boundary shall be determined by using the scale appearing on the zoning map, unless the boundary location is indicated by dimensions printed on the map.

4.

The director of community development shall have the authority to correct errors in the zoning map to render the map consistent with the action of the city council and consistent with public record.

5.

Where uncertainty as to the exact location of a zone boundary, the planning commission shall make such determination by written decision, which shall be in the form of a resolution adopted by a majority of its voting membership.

G.

Use regulation tables. Notations within the use regulation tables for zoning district located within this Code shall have the following meanings:

1.

Permitted uses. A "P" means that a use is permitted by right in the respective zoning district and is not subject to discretionary review and approval.

2.

Conditionally permitted uses. A "C" means that a use requires approval of a special conditional use permit as provided by section 20.23.050 (Special Conditional Use Permits) of this Code.

3.

Administratively permitted uses. An "A" means that a use requires approval through an administrative action as provided by section 20.23.120 (Administrative Approval) of this Code.

4.

Uses permitted with a wireless telecommunications facility permit for Private Property (WTFPP). A "WTFPP" means that the use requires approval through either an minor wireless telecommunications facility permit for private property (Minor WTFPP) or a major wireless telecommunications facility permit for private property (Major WTFPP) as provided by section 20.22.040 (Required Permits and Other Approvals) of this Code.

5.

Incidental uses. An "I" means that a use is permitted by right provided that the use is subordinate and directly related to a principal use, building or structure located on the site.

6.

Not permitted. A "■" in a cell means that a use is not allowed in the respective zoning district.

7.

Additional regulations. Supplemental standards in the zoning code that apply to specific uses are identified in the column entitled "additional regulations". Standards referenced in the additional regulations column apply in all zoning districts unless otherwise expressly stated.

(Ord. 2010-05, § 1(exh. A), 2010; Ord. 2013-003, § 1, 2013; Ord. 2021-001, § 1, 2021.)

A.

Request of interpretation. The director of community development shall respond in writing to any written request for interpretation of the regulations set forth in this title, and the following procedure shall apply:

1.

The written request shall state which provision is to be interpreted, and it shall provide any information that the director of community development deems necessary to assist in the review.

2.

The director of community development shall respond to an interpretation request within thirty days of receiving the request.

3.

The director of community development may refer any request for interpretation to the planning commission for a determination.

B.

Form and content of interpretation. Official interpretations prepared by the director of community development shall be in writing, and shall quote the provisions of the regulations that are being interpreted. The interpretation shall describe the circumstance that caused the need for the interpretation.

C.

Official record of interpretations. An official record of interpretations shall be kept on file by the community development department. The record of interpretations shall be indexed by the number of the section that is the subject of the interpretation and made available for public inspection during normal business hours.

D.

Appeals. Any interpretation of the zoning code by the director of community development may be appealed to the planning commission as provided in Subsection 20.22.130.I (Appeals). If the appeal results in a change of interpretation, the new interpretation shall be filed in the official record of interpretations.

(Ord. 2010-05, § 1(exh. A), 2010.)