Modesto Municipal Code Art. 5 General Zoning Provisions

If ambiguity exists regarding the provisions of this Title, the Director shall make the determination as to meaning. At the discretion of the Director, any Director determination under this Title may be referred to the Planning Commission for decision. Where conflict between regulations occurs, the regulations in this Title shall apply.

(a) The Director and the Chief of Police are hereby designated as the officer authorized to enforce this Title. Their failure to enforce any provision of this Title shall not legalize any violation of such a provision, nor shall it give rise to any civil or criminal liability. Prior to the issuance of any permit by the Chief Building Official, the plans of and for the proposed erection, construction, reconstruction, alterations and use shall fully conform to all provisions of this Title.

(b) In addition to any other remedy provided by law, whenever any building, structure or land is being used or occupied contrary to the provisions of this Title, the Director or Chief of Police may order the use or occupancy discontinued and the building, structure or land or portion thereof to be vacated by serving notice on any person(s) causing the use or occupancy to be continued. The person(s) shall discontinue the use or occupancy within ten (10) days after the receipt of a notice or make the use of the building, structure or land or portion thereof comply with the requirements of this Title. The Director or Chief of Police may allow more than ten (10) days for compliance and designate a compliance date deemed reasonable under the circumstances. A notice and order shall be stayed pending the completion of an appeal or application for a variance.

All departments, officials or public employees vested with the duty or authority to issue permits or licenses where required by law shall conform to the provisions of this Title. No license or permit for uses, buildings or purposes in conflict with the provisions of this Title shall be issued. Any license or permit, if issued in conflict with the provisions hereof, shall be null and void.

(a) Limitation of Land Use. No building shall be erected, reconstructed or structurally altered, nor shall any building or land be used for any purpose except as specifically allowed in the zone in which the building or land is located.

(b) Nuisance. The operation of any land use shall not cause an unreasonable amount of noise, odor, dust, mud, vibration or electrical interference detectable off the premises.

(c) Uses Not Specified. If a use is not specifically listed as a permitted or conditional use in one of the zones, the Director shall determine the zone or zones in which it is allowed as a permitted or conditional use. The determination shall be based on comparable uses which are listed and reference documents like the "Standard Industrial Classification Manual" may also be utilized.

(a) Design Review Guidelines. In reviewing any proposed development, the Board, Commission, Council or Director may utilize design review guidelines as may be adopted from time to time by the Board, Commission or Council.

(b) Fees. Filing fees for any of the procedures authorized by this title are required to be paid by applicants, except that public agencies shall be exempt from such fees. The City Council shall establish these fees by resolution adopted from time to time.

(c) Site Plan Requirements. If a site plan, elevation, perspective or floor plan is required by this Title as part of an application, the plan drawings shall conform to all standards as published by the Director.