§ 10.04

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. 2024-001, 9-10-2024)

A. Authority. The Community Development Director shall decide any questions involving the interpretation or application of any provision of this Zoning Code. However, any interpretation of the Director may be appealed to the Planning Commission and the interpretation of the Planning Commission may be appealed to the City Council.

B. Minimum Requirements. In their interpretation and application, the provisions of this Zoning Code are held to be minimum requirements except where they are expressly stated otherwise.

C. State Law Requirements. Where this Zoning Code refers to provisions of State law (e.g., 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.

D. Terminology. When used in this Zoning Code, the following rules shall apply:

1. Language. When used in this Zoning Code, the word "shall" is always mandatory and not discretionary. The word "should" is not mandatory but is strongly recommended. The word "may" is permissive.

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, and the plural the singular, unless the natural construction of the word indicates otherwise.

4. Conjunctions. When used in this Zoning Code "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."

5. Local Reference. The word "City" as used in this Zoning Code shall mean the City of Reedley and all public officials, bodies, and agencies references in this Zoning Code are those of the City, unless otherwise specified.

6. Definitions. All terms used in this Zoning Code shall be defined in Article 8 (Definitions) and/or as determined/interpreted by the Community Development Director. (Ord. 2024-001, 9-10-2024)

A. Request for Interpretation. Any party may file a request for an interpretation or clarification of this Zoning Code with the Community Development Director. Request for review shall include the specific provisions in question and any other information necessary to assist the Director in their review.

B. Types of Interpretations. The authority of the Community Development Director as established in Section 10.04.020 A (Authority), shall apply in all the following cases:

1. If ambiguity arises concerning the appropriate classification of a particular use within the meaning and intent of this Zoning Code, subject to the additional requirements established in Section 10.04.040 (Uses Not Classified).

2. If ambiguity exists with reference to matters of height, yard area, and other requirements.

3. If uncertainty exists with reference to a zone district boundary. See Section 10.06.050 (Uncertainty of Zoning District Boundaries) for additional regulations pertaining to the interpretation of zoning district boundaries.

4. If an unforeseen condition arises or technological changes have been introduced which require interpretation of their impact on the provisions of this Zoning Code.

5. If ambiguity or uncertainty arises as to the meaning of any word or provision contained in this Zoning Code.

6. If a conflict, ambiguity, or uncertainty arises between the Zoning Code text and any diagram, illustration, or image contained in this Zoning Code. (Ord. 2024-001, 9-10-2024)

A. Land Use Not Listed is Not Allowed. If a proposed land use is not specifically listed in Article 2 (Zoning Districts, Allowable Land Uses, and Development Standards), the use shall not be al-lowed, except as provided in Subsection B, below.

B. Community Development Director Determination. The Community Development Director upon application or on their own initiative, may determine that a proposed land use that is not listed in Article 2 (Zoning Districts, Allowable Land Uses, and Development Standards) may be allowed. The Community Development Director may approve, modify, or deny a classification of use request. The decision of the Community Development Director shall be final unless appealed in compliance with Section 10.04.020 (Authority). In making this determination, the Community Development Director shall, at their discretion, make at least five (5) of the following findings:

1. The addition of the land use complies with the purposes of the zoning district in which the land use is proposed;

2. The land use has the same basic characteristics as the land uses allowed in the zoning district;

3. The land use can reasonably be expected to comply with the development standards established for the zoning district in which the proposed land use is to be added;

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

5. The land use will not generate additional vehicular traffic than the volume normally generated by any of the land uses allowed in the zoning district;

6. The land use will not adversely affect the character of any zoning district in which it is proposed to be allowed;

7. The land use will not generate additional odor, dirt, smoke, noise, vibration, illumination, glare, unsightliness, or any other objectionable influence than the amount normally generated by any of the other land uses allowed in the zoning district;

8. The land use will not generate any greater hazard of fire or explosion than the hazards normally generated by any of the other land uses allowed in the zoning district.

C. When a land use has been added to a list of allowed uses in compliance with this Section, the land use shall be deemed to be listed as an allowed use in the appropriate zoning district and shall be added to the text of that section of this Zoning Code when it is next published. Although, the allowed use in the appropriate zoning district is permitted, the filing of a discretionary, ministerial, and/or Building Permit may still be required, if applicable. (Ord. 2024-001, 9-10-2024)

A. Headings. The headings of the article, chapter, section, subsection, paragraph, subparagraph, sentence, clause, phrase, and portion thereof of this Zoning Code, together with the accompanying illustrations, examples, and explanatory notes, are inserted as a matter of convenience and illustrative purposes only and in no way define, limit, or enlarge the scope or meaning of this Zoning Code or its provisions.

B. Illustrations and Diagrams. In case of a conflict between the Zoning Code text and any dia-gram, illustration, or image contained in this Code, the Community Development Director shall make a determination subject to appeal provisions provided in Section 10.04.020 . (Ord. 2024-001, 9-10-2024)