The purpose of division 16-12 is to provide rules for resolving questions about the meaning or applicability of any part of this zoning ordinance. The provisions of division 16-12 are intended to ensure the consistent interpretation and application of the requirements of this zoning ordinance.

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010)

The director is assigned the authority to interpret any provision of this zoning ordinance, including the zoning map and the planned development map. Whenever the director determines that the meaning or applicability of any zoning ordinance requirement is subject to interpretation, the director may issue an official interpretation. The director's official interpretation may be appealed to the council. The director may also refer any issue of interpretation to the commission for its determination at a public meeting and the commission decision may be appealed to the council.

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010)

For the purposes of this zoning ordinance, certain grammatical forms used herein are construed as follows, unless the context of a particular provision clearly requires a different construction.

A.

Language.

1.

Mandatory and permissive. When used in this zoning ordinance, the words "shall," "must," "will," "is to," and "are to" denote mandatory provisions. "Should" is not mandatory but is strongly recommended; and "may" denotes permissive provisions.

2.

Tense. The present tense includes the past and future tenses; and the future tense includes the present.

3.

Number. The singular number includes the plural number, and the plural the singular, unless the natural construction of the word indicates otherwise.

4.

Include. The words "includes" and "including" shall mean "including but not limited to . . ."

5.

Gender. The masculine gender includes the feminine and the neuter.

6.

General plan. "General plan" rather than "Town of Tiburon general plan," after Town of Tiburon general plan is first used in the first article.

7.

Deny. The word "deny" shall be used rather than "disapprove."

8.

Compliance. "In compliance with …" shall be used, rather than "pursuant to," "in accordance with," "under," etc.

9.

Review authority. Review authority means the board; commission; council; director; or designee acting on a zoning permit application.

10.

Town. Town shall be used rather than "Town of Tiburon".

11.

Municipal Code. Municipal Code shall be used rather than "Tiburon Municipal Code."

12.

Zone. Zone shall be used rather than "zoning district," or "zone district."

B.

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

1.

"See section 16-90.020" means "See section 16-90.020 of this zoning ordinance."

2.

"…in compliance with subsection D.2," means "…in compliance with subsection D.2 of this section"; and

3.

"See article II" means "See article II of this zoning ordinance."

C.

State law requirements. Where this zoning ordinance references applicable provisions of state law (for example, the California Government Code, Subdivision Map Act, or Public Resources Code), the reference shall be construed to be to the applicable state law provisions as they may be amended from time to time.

D.

Number of days. Whenever a number of days is specified in this zoning ordinance, or in any permit, condition of approval, or notice issued or given as provided in this zoning ordinance, 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 weekend, a town-observed holiday, or a day upon which town hall is closed to public business.

E.

Minimum requirements. When the regulations of this zoning ordinance are being interpreted and applied, all provisions shall be considered to be minimum requirements, unless stated otherwise (e.g., height limits and site coverage requirements are identified as maximums, not minimums).

F.

Calculations rounding. Where provisions of this zoning ordinance require calculations to determine applicable requirements, any fractional/decimal results of the calculations shall be rounded as provided by this subsection.

1.

Residential density. When the number of housing units allowed on a site are calculated based on density limits established by a zone, any fraction of a unit of 0.9 or greater shall be counted as a whole unit; any fraction of a unit less than 0.9 shall be rounded down to the next lowest whole number.

2.

Floor area ratio (FAR). When calculating the allowable floor area of a structure based on the FAR established by the applicable zone, the fractional/decimal results of calculations shall be rounded to the next highest whole number when the fraction/decimal is 0.5 or more, and to the next lowest whole number when the fraction is less than 0.5. For example, a maximum FAR of 0.35 applied to a lot of seven thousand four hundred fifty six square feet results in a maximum allowable floor area of two thousand six hundred ten square feet (7,456 x .035 = 2,609.6, rounded up to 2,610).

3.

All other calculations. Unless otherwise specified, for all calculations required by this zoning ordinance other than those described in subsections F.1. and F.2. above, the fractional/decimal results of calculations shall be rounded to the next highest whole number when the fraction/decimal is 0.5 or more, and to the next lowest whole number when the fraction is less than 0.5.

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010)