1. APPLICATION
All land or structures shall be used and constructed in accordance with the regulations and requirements of this Development Code including obtaining applicable permits prior to use initiation.
2. CONFLICTING PERMITS AND LICENSES TO BE VOIDED
All permits or licenses shall be issued in conformance with the provisions of this Development Code. Any permit or license subsequently issued and in conflict with this Development Code shall be null and void.
3. SIMILAR USES PERMITTED
When a use is not specifically listed in this Development Code, it shall be understood that the use may be permitted if it is determined by the Director that the use is similar to other uses listed.
It is further recognized that every conceivable use cannot be identified in this Development Code, and anticipating that new uses will evolve over time, this Section establishes the Director's authority to compare a proposed use and measure it against those listed in this Development Code and the Standard Industrial Classification Manual for determining similarity.
In determining "similarity," the Director shall make all of the following findings:
A. The proposed use shall meet the intent of, and be consistent with the goals, objectives and policies of the General Plan;
B. The proposed use shall meet the stated purpose and general intent of the district in which the use is proposed to be located;
C. The proposed use shall not adversely impact the public health, safety and general welfare of the City's residents; and
D. The proposed use shall share characteristics common with, and not be of greater intensity, density or generate more environmental impact, than those uses listed in the zone in which it is to be located.
4. MINIMUM REQUIREMENTS
When interpreting and applying the regulations of this Development Code, the provisions shall be the minimum requirements, unless otherwise stated.
5. CONFLICT WITH OTHER REGULATIONS
Where conflicts occur between the provisions of this Development Code and the Building and Fire Codes, or other regulations of the City, the more restrictive shall apply.
It is not intended that this Development Code shall interfere with, repeal, abrogate or annul any easement, covenant, or other agreement in effect at the time of adoption. Where this Development Code imposes a greater restriction upon the use of structures or land, the provisions of this Development Code shall apply.
Nothing contained in this Development Code shall be deemed to repeal or amend any regulation of the City requiring a permit or license or both. Nor shall anything in this Development Code be deemed to repeal or amend the Building Code of the City.
6. LANGUAGE
In interpreting this Development Code, it is understood that the term "shall" is mandatory, "should" is not mandatory, and "may" is permissive.
7. IMPLEMENTATION
All applications which have been accepted as complete, pursuant to Government Code Section 65943, by the Department prior to the effective date of this Development Code, shall be processed in compliance with the regulations and requirements in effect at the time the application was accepted as complete. Applications for extensions of time shall be consistent with this Development Code.
(Ord. MC-1393, 12-02-13; Ord. MC-782, 5-03-91)