Sections:

A.

Title 20 of the Merced Municipal Code shall be known and officially cited as the "Merced City Zoning Ordinance" and referred to in this title as "the Zoning Ordinance."

B.

The zoning ordinance is adopted pursuant to the authority contained in Section 65850 of the California Government Code.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

A.

General. The zoning ordinance is adopted to implement the Merced general plan and to protect the public health, safety, and general welfare of the Merced community.

B.

Specific. The zoning ordinance is intended to:

1.

Promote orderly and beneficial development that supports a high quality of life in Merced.

2.

Utilize land resources efficiently.

3.

Provide public infrastructure and services in a cost-effective manner.

4.

Protect the character and stability of residential areas.

5.

Promote good connections between existing and planned urban areas.

6.

Expand transportation choices for residents, including walking, biking, and riding transit.

7.

Protect the economic vitality of commercial areas by promoting commercial development that contributes to a high quality design environment.

8.

Stimulate economic growth, investment, and quality jobs for Merced residents.

9.

Increase housing choices for residents.

10.

Provide high quality parks, recreational uses, and other public amenities.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

The zoning ordinance implements the goals and policies of the Merced general plan by regulating the uses of land and structures within the city.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

The zoning ordinance shall be administered by the Merced City Council, the planning commission, the site plan review committee, and the director of development services or their designees as established in Chapter 20.64 (Administrative Responsibility).

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

A.

Applicability to Property. The zoning ordinance applies to all land, uses, and structures within the Merced city limits and to property for which applications for annexation and/or subdivisions have been submitted to the City of Merced.

B.

Governmental Agencies. Any governmental agency shall be exempt from the provisions of this title only to the extent that such property may not be lawfully regulated by the City of Merced.

C.

Compliance with Regulations. No land shall be used and no structures built, occupied, modified, moved, or destroyed except in accordance with the provisions of the zoning ordinance.

D.

Conflicting Regulations. Where conflict occurs with other city regulations or with state or federal laws, higher law shall control over lower law unless local variation is permitted. Where conflicting laws are of equal stature, the more restrictive provision shall control unless otherwise specified in the zoning ordinance or in state or federal law.

E.

Relation to Prior Ordinances. The provisions of this title supersede all prior zoning ordinances codified in Title 20 of the Merced Municipal Code and any amendments. No provision of this title shall validate any land use or structure established, constructed or maintained in violation of the prior zoning ordinance, unless such validation is specifically authorized by this title and is in conformance with all other regulations.

F.

Enforcement. The zoning ordinance shall be enforced in the manner determined to be the most appropriate, which may include, but not be limited to, the procedures as established in Merced Municipal Code Title 1 (General Provisions) as well as any other procedures available in state or federal law.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

This chapter establishes rules and procedures for interpreting the zoning ordinance to ensure that it is applied and enforced in a consistent manner.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

The director of development services, planning manager, planning division staff, city attorney, and his/her designees are delegated the authority by the city council to interpret the meaning and applicability of all provisions in the zoning ordinance.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

A.

General Rules. The following general rules apply to the interpretation and application of the zoning ordinance.

1.

The specific controls over the general.

2.

Where there is a conflict between text and any figure, illustration, graphic, heading, map, table, or caption, the text governs.

3.

The words "shall," "will," "is to," and "are to" are mandatory. "Should" means a regulation that is not mandatory, but must be either fulfilled or the applicant must demonstrate an alternative that fulfills the intent of the regulation. "May" is permissive.

4.

The following conjunctions are interpreted as follows:

a.

"And" means that all items or provisions so connected apply.

b.

"Or" means that all items or provisions so connected apply singularly or in any combination.

c.

"Either . . . or" means that one (1) of the items or provisions so connected apply singularly, but not in combination.

5.

All officials, bodies, agencies, ordinances, policies, and regulations referred to in the zoning ordinance are those of Merced unless otherwise noted.

B.

Calendar Days. Numbers of days specified in the zoning ordinance are construed as continuous calendar days unless otherwise noted. Where the last of a number of days falls on a holiday or weekend, time limits specified in the zoning ordinance are extended to the following working day.

C.

Land Use Regulation Tables. Land use regulation tables in Part 2 (Zoning Districts) establish permitted land uses within each zoning district. Notations within these tables shall have the following meanings:

1.

Permitted Uses. A "P" means that a use is permitted by right in the respective zoning district and is not subject to discretionary review and approval.

2.

Conditionally Permitted Uses. A "C" means that a use requires approval of a conditional use permit. An "M" means that a use requires approval of a minor use permit.

3.

Site Plan Review Required. A "SP" means that a use requires approval of a site plan review permit.

4.

Uses Not Allowed. An "X" in a cell means that a use is not allowed in the respective zoning district.

D.

Unlisted Land Uses. If a proposed land use is not specifically listed in the zoning ordinance, the use is not permitted except as follows:

1.

The director of development services may determine that an unlisted proposed use is equivalent to a permitted use (or requires a site plan permit, conditional use permit, minor use permit, or other such permit) if all of the following findings can be made:

a.

The use is no greater in density or intensity than other uses in the applicable zoning district.

b.

The use is compatible with permitted or conditionally permitted uses in the applicable zoning district.

c.

The use will meet the purpose of the applicable zoning district.

d.

The use is consistent with the goals and policies of the general plan.

e.

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

f.

The use is similar to one (1) or more other uses allowed in that zone.

2.

A proposed use unlisted in the land use regulation table for a zoning district shall not be permitted if that land use is listed as a permitted use in one (1) or more other zoning districts. In such a case, the absence of the use in the land use regulation table shall be interpreted as a prohibition of the use in the respective zoning district, unless the director of development services deems otherwise under the provisions of Section 20.04.030(D)(1) above.

3.

When the director of development services determines that a proposed use is equivalent to a listed use, the proposed use shall be treated in the same manner as the listed use with respect to development standards, permits required, and all applicable requirements of the zoning ordinance.

E.

Uses Prohibited by State or Federal Law. No use that is prohibited, unlawful, violates or is inconsistent with federal or state law, or any provision in this zoning ordinance, shall be allowed or permitted in any zoning district within the City of Merced.

F.

Zoning Map Boundaries. Where uncertainty exists as to the boundaries of zoning districts as shown on the official zoning map, the following rules shall apply:

1.

Boundaries indicated as approximately following the centerlines of streets, highways, or alleys shall be construed to follow such centerlines.

2.

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

3.

Boundaries indicated as approximately following city limits shall be construed as following city limits.

4.

Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.

5.

In unsubdivided property or where a zoning district boundary divides a parcel, the location of the boundary, unless the same is indicated by dimensions shown upon the map, shall be determined by the use of the scale on the map.

6.

In case further uncertainty exists, the director of development services shall determine the exact location of the boundaries. The director's decision may be appealed to the planning commission that upon written application by a property owner or upon its own motion, shall determine the exact location of the boundaries.

G.

Parcels Containing Two (2) or More Zoning Districts.

1.

For parcels containing two (2) or more zoning districts ("split zoning"), the location of the zoning district boundary shall be determined by the director of development services.

2.

For parcels containing two (2) or more zoning districts, the applicable regulations for each zoning district shall apply within the zoning district boundaries as identified on the zoning map.

3.

When a zoning district boundary interferes with existing structures or setbacks, the director may approve a minor adjustment of the boundary.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

A.

Request for Interpretation. The director of development services or his/her designee shall respond in writing to written requests for interpretation of the zoning ordinance if, in the opinion of the director, the requested interpretation would substantially clarify an ambiguity which interferes with the effective administration of the zoning ordinance. When the director makes such a determination, the following procedures shall apply:

1.

The request shall be in writing and shall state which provision is to be interpreted and shall be accompanied by a fee as set forth in the latest planning and development fee schedule.

2.

The request shall provide any information that the director requires to assist in its review.

3.

The director shall respond to an interpretation request within thirty (30) days of receiving the request.

B.

Form and Content of Interpretation. Official interpretations prepared by the director shall be in writing, and shall quote the provisions of the regulations that are being interpreted. The interpretation shall describe the circumstance that caused the need for the interpretation.

C.

Official Record of Interpretations. An official record of interpretations shall be kept and updated regularly by the development services department. The record of interpretations shall be indexed by the number of the section that is the subject of the interpretation and made available for public inspection during normal business hours.

D.

Director of Development Services Referral to Planning Commission. The director may refer any request for interpretation of the zoning ordinance to the planning commission for review and interpretation.

E.

Appeals. Any official interpretation prepared by the director may be appealed to the planning commission. The planning commission's interpretation may be appealed to the city council.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

This chapter identifies the zoning districts that apply to land within the Merced city limits and establishes the official Merced zoning map.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

A.

Base Zoning Districts. Merced is divided into zoning districts that implement the general plan land use map as shown in Table 20.06-1.

B.

Overlay Zones. The zoning ordinance and zoning map include the overlay zones shown in Table 20.06-2. Overlay zones impose additional regulations on properties beyond what is required by the underlying base zoning district. See Chapter 20.22 for regulations that apply to overlay zones.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

A.

Adoption. The city council hereby adopts the Merced zoning map ("zoning map"), which establishes the boundaries of all base zoning districts and overlay zones provided for in the zoning ordinance.

B.

Incorporation by Reference. The zoning map, including all legends, symbols, notations, references, and other information shown on the map, is incorporated by reference and made a part of the zoning ordinance.

C.

Location. The zoning map is kept, maintained, and updated by the development services department, and is available for viewing by the public at the department and on the official City of Merced website. The digital version of the zoning map for the City of Merced is maintained online by the Merced County Association of Governments.

D.

Replacement of Official Zoning Map. In the event the official zoning map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the city council may, by resolution, adopt a new official zoning map which shall supersede the prior official zoning map. The new official zoning map may correct drafting or other errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending the original zoning ordinance or any subsequent amendment thereof. The new official zoning map shall be identified by the signature of the mayor, attested by the city clerk, and bear the seal of the city under the following words: "This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted (insert date of previous map adoption) of the City of Merced, California."

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)