This Title shall be known as "Zoning Regulations."

Zoning regulations are established to serve the public health, safety and general welfare and to provide the physical, economic and social advantages resulting from an orderly, planned use of land resources.

In interpreting and applying the provisions of this Title they shall be held to be the minimum requirement for the promotion of the public health, safety, comfort, convenience and general welfare. It is not intended that these regulations interfere with or abrogate or annul any easement, covenant or other agreement between parties. When this Title imposes a greater restriction upon the use of buildings or land than are imposed or required by other ordinances, rules, regulations or by easements, covenants, or agreements, the provisions of this Title shall control.

The Planning Commission (Commission) of the City of Modesto is hereby established to consist of seven (7) members appointed in accordance with and for the terms prescribed by Section 1102 of the Charter.

The Commission shall have the general powers and duties specified in Section 1107 of the Charter and shall have the power and duty to:

(a)

Perform all of the functions assigned to a Commission by the statutes of the State Law relating to planning and zoning, insofar as they are not inconsistent with the provisions of the Charter.

(b)

Prepare and recommend the adoption, amendment or repeal of the General Plan.

(c)

Advise and recommend to the proper officials of the City the approval, disapproval or modification of all land subdivision in accordance with the Subdivision Map Act of the State of California, or as may be provided by this Code.

(d)

Hold hearings on planning and zoning matters as prescribed by this Title.

(e)

Review and recommend to the City Council (Council) a capital improvements program budget.

(f)

Advise and recommend to the Council on matters required by law or referred by the Council.

The Commission shall elect a chairman and vice-chairman from its membership in accordance with Section 1104 of the Charter. In the absence or disability of either the chairman or vice-chairman, the Commission may designate a chairman pro tempore. The Commission shall hold at least one (1) regular meeting each month. The Commission shall adopt rules for the transaction of its business and shall keep a written record of its resolutions, transactions, findings and determinations.

The Community and Economic Development Department (Department) shall provide staff assistance to the Commission. The Community and Economic Development Director (Director) or the Director's designee shall serve as Secretary to the Commission.

All final actions by the Commission may be appealed to the Council.

The Board of Zoning Adjustment (Board) of the City of Modesto is hereby created to consist of seven (7) members appointed in accordance with and for the terms prescribed by Section 1102 of the Charter. One (1) member shall be appointed from members of the Commission.

The Board shall have the following powers and duties:

(a)

To consider planning and zoning matters as prescribed by this Title.

(b)

To advise and recommend to the Council on matters required by law or referred by the Council.

The Board shall elect a chairman and vice-chairman from its membership in accordance with Section 1104 of the Charter. In the absence or disability of either the chairman or vice-chairman, the Board may designate a chairman pro tempore. The Board shall hold at least one (1) regular meeting in each month. The Board shall adopt rules for the transaction of its business and shall keep a written record of its resolutions, transactions, findings and determinations.

The Department shall provide staff assistance to the Board. The Director or the Director's designee shall serve as Secretary to the Board.

All final actions by the Board may be appealed to the Council.

In order to classify and regulate the land use and development of the City of Modesto, the following zones are created:

(Amended by Ord. No. 3618-C.S., § 2(Exh. A), effective 6-25-15)

The location and boundaries of the various zones are as shown on the Zoning Map of the City, copies of which are on file in the office of the Department. This map and all notations, references and other information shown on it are made a part of this Title by reference. The Zoning Map may be divided into sections which may be separately referred to when amending the Zoning Map or for any official reference to the Zoning Map.

Where uncertainty exists as to the boundary of any zone, the following rules shall apply:

(a)

Where the zone boundary is indicated as being approximately upon the center line of a street, alley or block, or along a property line, then, unless otherwise definitely indicated on the map, the center line of the street, alley or block or the property line shall be construed to be the boundary of the zone.

(b)

Wherever the zone boundary is indicated as being approximately at the line of any river, irrigation canal or other waterway, railroad right-of-way, or public land or any section line, then the center of the stream, canal, or waterway, or the railroad right-of-way or the boundary line of the public land or section line shall be construed to be the boundary of the zone.

(c)

Where the application of the above rules does not clarify the zone boundary location, the Director shall interpret the map.

Prezoning is when land that is not in the City of Modesto, but is in the Modesto Sphere of Influence, is approved for a City Zone.

(a)

Prezoned land shall carry a "P" prefix before the zone classification and shall be so designated on the official Zoning Map of the City.

(b)

The zone established by prezoning shall become effective and the "P" prefix shall be automatically removed when the property is annexed.

(c)

New annexations are required to prezone the annexation area prior to or concurrent with the annexation.

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.