The purpose of this chapter is to specify the authority and procedures for clarifying any ambiguity in the regulations of this Zoning Code, and to ensure its consistent interpretation and application.
(Ord. 1976 § 2, 2019)
A.
Authority. The Director has the authority to interpret the provisions of this Zoning Code in compliance with Section 18.04.030 (Procedures for Interpretation), below. Whenever the Director determines that the meaning or applicability of a Zoning Code requirement is subject to interpretation, the Director shall issue a written interpretation. The Director may also refer any issue of interpretation to the Commission for a determination. A decision of the Director may be appealed to the Commission in compliance with Chapter 18.144 (Appeals).
B.
Terminology. When used in this Zoning Code, the following rules apply to all provisions of this Zoning Code:
1.
Language. When used in this Zoning Code, the words "shall," "must," "will," "is to," and "are to" are always mandatory. "Should" is not mandatory but is strongly recommended and "may" is permissive.
2.
Tense. The present tense includes the past and future tense, 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 words indicate otherwise.
4.
Calculations.
a.
Residential Density. When the number of dwelling units allowed on a site is calculated based on the minimum site area per dwelling unit, any fraction of a unit shall be rounded down to the next lowest whole number.
b.
Other Calculations. For all calculations other than residential density, the fractional/decimal results of calculations exceeding 0.500 shall be rounded to the next highest whole number, unless otherwise specified.
5.
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."
6.
Local Reference. "County" as used in this Zoning Code means Merced County and all public officials, bodies, and agencies referenced in this Code are those of the County, unless otherwise stated.
7.
Definitions. All terms used in this Zoning Code shall be as defined in Article 8 (Definitions) and/or as determined/interpreted by the Director.
C.
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. When the last of the specified number of days falls on a weekend or County holiday, time limits shall extend to the end of the next working day.
D.
State Law Requirements. Where this Zoning Code refers to provisions of State law (for example, the California Government Code, Subdivision Map Act, Public Resources Code, etc.), the references shall be interpreted to be to the applicable State law provisions as they may be amended from time to time.
E.
Minimum Requirements. When interpreting and applying the regulations of this Zoning Code, all provisions shall be considered to be minimum requirements, unless specifically stated otherwise.
(Ord. 1976 § 2, 2019)
A.
Authority of Director to Interpret—Referral to Commission. Whenever the Director determines that the meaning or applicability of any of the requirements of this Zoning Code is subject to interpretation generally, or as applied to a specific case, the Director may issue an official interpretation or refer the question to the Commission for determination.
B.
Request for Interpretation. Any party may file a request for an interpretation or determination of this Zoning Code with the Director and shall include with the request the specific provisions in question and any other information necessary to assist the Director in the review.
C.
Record of Interpretations/Determinations. All interpretations and determinations by the Director and Commission shall be made in writing, and a permanent record of the interpretations and determinations shall be kept.
(Ord. 1976 § 2, 2019)
A.
Use Not Listed is Not Allowed. If a proposed use of land is not specifically listed in Article 2 (Zones, Allowable Uses, and Development Standards), the use shall not be allowed, except as provided in subsection B of this section.
B.
Director's Determination. Based on the authority granted in Section 18.04.030 (Procedures for Interpretation), above, the Director may determine that a proposed land use that is not listed in Article 2 (Zones, Allowable Uses, and Development Standards) may be allowed. In making this determination, the Director shall first make all of the following findings:
1.
The characteristics of, and activities associated with, the proposed 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, dust, emissions, noise, odor, parking, traffic generation, or similar impacts than the uses listed in the zone;
2.
The proposed use will meet the purpose/intent of the zone that is applied to the location of the use;
3.
The proposed use will be consistent with the goals, objectives, and policies of the General Plan and/or any applicable community plan; and
4.
The proposed use is not listed as allowable in any other zone.
C.
Applicable Standards and Permit Requirements. When the Director determines that a proposed but unlisted use is equivalent to a listed use, the proposed 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 standards and requirements of this Zoning Code apply.
(Ord. 1976 § 2, 2019)
A.
Headings. The headings of the articles, chapters, sections, subsections, subparagraphs, and clauses of this Zoning Code, together with the accompanying illustrations, examples, and explanatory notes, are inserted as a matter of convenience and in no way define, limit, or enlarge the scope or meaning of this Zoning Code or its provisions.
B.
Illustrations. In case of a conflict between the Zoning Code text and any diagram, illustration, or image contained in this Code, the text shall control.
(Ord. 1976 § 2, 2019)