The purpose of this Chapter is to specify the authority and procedures for clarification of ambiguity in the regulations of this Title in order to ensure consistent interpretation and application.
(Ord. 1501 § 1, 2011)
A. 
This Zoning Code is enacted based on the authority vested in the City of Manteca by the State of California, including, but not limited to, the State Constitution, the Planning and Zoning Law (Government Code Section 65000 et seq.) and the California Environmental Quality Act (Public Resources Code Section 21000 et seq.).
B. 
If questions arise concerning the meaning or applicability of the provisions of this Title, it shall be the responsibility of the Community Development Director to review pertinent facts, determine the intent of the provision, and issue an administrative interpretation of said provision(s) as specified in this Chapter.
(Ord. 1501 § 1, 2011)
A. 
Zoning Boundaries. Where uncertainty exists with respect to the boundaries of the various zones as shown on the Zoning Map, the provisions of Chapter 17.20 (Establishment of Zoning Districts and Land Use Classification System) shall apply.
B. 
Zoning Regulations. 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, per the provisions of Section 17.10.040 (Similar Use Determination), the use is determined to be similar to a listed use or use category.
C. 
Conflicting Requirements. The regulations of this Title and requirements or conditions imposed pursuant to this Title shall not supersede any other regulations or requirements adopted or imposed by the City Council, any board, commission, or department of the City, or any other local, state, or federal agency that has jurisdiction by law over uses and development authorized by this Title. All uses and development authorized by this Title shall comply with all other such regulations and requirements. Where two or more ordinances regulate the same use or activity, the more restrictive ordinance shall apply.
D. 
Private Agreements. This Zoning Ordinance applies to all land uses and development, but may not affect private agreements or restrictions in the use of land or development of structures. The City shall not enforce any private covenant or agreement unless it is a party to the covenant or agreement.
E. 
General Terminology. When used in this Title, the following rules apply to all provisions of this Title.
1. 
Language and Conjunctions.
a. 
The word "City" refers to the City of Manteca.
b. 
The phrase "Community Development Director" refers to the City of Manteca Community Development Director and his or her designee.
c. 
The words "shall," "must," "will," "is to," and "are to" are always mandatory. "Should" is not mandatory but strongly recommended, and "may" is permissive.
d. 
The word "building" includes the word "structure."
e. 
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. 
Gender. Each gender includes the masculine, feminine, and neutral genders.
3. 
Tense and Number. Words used in the present tense include past and future and vice versa, unless manifestly inapplicable. Words in the singular include the plural, and words in the plural include the singular.
4. 
Number of Days. Whenever the number of days is specified in this Title, or in any permit, condition of approval or notice issued or given as provided in this Title, the number of days shall be construed as calendar days. When the last of the specified number of days falls on a weekend or City holiday, time limits shall extend to the end of the next working day. The term "holiday" or "City holiday" shall mean any day other than the weekend when the City offices are closed for the entire day.
F. 
Minimum Requirements. When interpreting and applying the regulations of this Title, all provisions shall be considered to be minimum requirements, unless specifically stated otherwise.
G. 
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).
(Ord. 1501 § 1, 2011)
A. 
Official Interpretation. Whenever the Community Development Director determines that an ambiguity in a zoning regulation exists or when an applicant, property owner, or interested party requests, the Community Development Director shall issue an official interpretation. Official interpretations shall be in writing and shall cite the provisions being interpreted, together with an explanation of the meaning or applicability of the provision(s) in the particular or general circumstances that caused the need for interpretation. The Community Development Director shall make an interpretation based on his or her judgment and understanding of the current Code. All official interpretations shall be maintained in the Community Development Department for public review and shall be provided to the requestor including information regarding the City's appeal procedures, as appropriate.
B. 
Amendment. Any provision determined by the Community Development Director to be ambiguous or conflicting pursuant to this Chapter shall be clarified by amendment to the Zoning Code as soon as is practical.
(Ord. 1501 § 1, 2011)
Appeal of the Community Development Director for official interpretations shall be made in accordance with the procedures specified in Section 17.08.070 (Appeals).
(Ord. 1501 § 1, 2011)