Chapter 122 ZONING*
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*Cross references: Buildings and building regulations, ch. 14; swimming pool, spa, and hot tub code, § 14-301 et seq.; multiple-family rental dwelling unit inspection and maintenance code, § 14-391 et seq.; flood management, ch. 34; historical preservation, ch. 42; manufactured homes, mobile homes, and trailers, ch. 58; neighborhood preservation, ch. 62; planning and development, ch. 78; stormwater management and grading and erosion control, ch. 86; streets, sidewalks, and other public places, ch. 90; subdivisions, ch. 94; telecommunications, ch. 102; vegetation, ch. 114.
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Article I. In General
Sec. 122-1. Purpose.
Sec. 122-2. Effect of zoning or districting plan.
Sec. 122-3. Compliance with chapter.
Sec. 122-4. Definitions.
Sec. 122-5. Interpretation of chapter; conflicting laws, regulations or covenants.
Sec. 122-6. Enforcement.
Sec. 122-7. Penalties.
Sec. 122-8. Violations declared nuisance.
Sec. 122-9. Remedies cumulative.
Sec. 122-10. Repealer.
Secs. 122-11--122-30. Reserved.
Article II. Administration
Division 1. General
Secs. 122-31--122-50. Reserved.
Division 2. Zoning Administrator
Sec. 122-51. Office established; general authority.
Sec. 122-52. Administrative approvals.
Sec. 122-53. Zoning Administrator's permits.
Sec. 122-54. Approval of minor subdivisions.
Sec. 122-55. Appeals.
Secs. 122-56--122-70. Reserved.
Division 3. Use Permits
Sec. 122-71. General.
Sec. 122-72. Application.
Sec. 122-73. Amendments.
Sec. 122-74. Term.
Sec. 122-75. Public hearing.
Sec. 122-76. Action by Planning Commission.
Sec. 122-77. Appeal procedure.
Sec. 122-78. Effect of appeal.
Sec. 122-79. Limitation on subsequent applications after denial.
Secs. 122-80--122-100. Reserved.
Division 4. Design Review Board and Design Review Procedures
Sec. 122-101. Design review procedure adopted.
Sec. 122-102. Findings.
Sec. 122-103. Purpose.
Sec. 122-104. Design Review Board.
Sec. 122-105. Improvements subject to design review.
Sec. 122-106. Application for design review.
Sec. 122-107. Evaluation of proposed development.
Sec. 122-108. Submission of final plan.
Sec. 122-109. Appeal.
Sec. 122-110. Prohibitions; enforcement.
Sec. 122-111. Noncomplying improvements declared nuisance.
Sec. 122-112. Review of improvements to be constructed by school districts and governmental agencies.
Sec. 122-113. Effect on other ordinances.
Sec. 122-114. Severability.
Sec. 122-115. Approval of building permit plans.
Sec. 122-116. Resubmission of plans when modifications are required.
Sec. 122-117. Plan checking fee.
Secs. 122-118--122-140. Reserved.
Division 5. Development Agreements
Sec. 122-141. Purpose.
Sec. 122-142. Application forms and information.
Sec. 122-143. Fees.
Sec. 122-144. Parties to agreement.
Sec. 122-145. Application to be accompanied by proposed terms of agreement.
Sec. 122-146. Review of application.
Sec. 122-147. Contents.
Sec. 122-148. Notice of public hearing.
Sec. 122-149. Conduct of public hearing.
Sec. 122-150. Determination by Planning Commission.
Sec. 122-151. Decision by City Council.
Sec. 122-152. Amendment or cancellation by mutual consent.
Sec. 122-153. Recording of development agreement, amendment or cancellation.
Sec. 122-154. Periodic compliance review--Required; procedure.
Sec. 122-155. Same--Effect of decision.
Sec. 122-156. Modification or termination.
Sec. 122-157. Enforcement.
Secs. 122-158--122-180. Reserved.
Division 6. Appeals and Revocations
Sec. 122-181. Refiling and reconsideration of denied applications.
Sec. 122-182. Appellate authority of Planning Commission.
Sec. 122-183. Appeal from decision of Planning Commission.
Sec. 122-184. Expiration of permit or variance; grounds for revocation of permit, variance or design approval.
Sec. 122-185. Hearing on proposed revocation.
Sec. 122-186. Appeal of staff interpretation.
Sec. 122-187. Revocation of use permit for abandoned drive-in facilities.
Secs. 122-188--122-210. Reserved.
Division 7. Variances
Sec. 122-211. Authorized; procedure.
Sec. 122-212. Appeals.
Sec. 122-213. Purpose.
Sec. 122-214. Definitions.
Sec. 122-215. Requesting Reasonable Accommodation.
Sec. 122-216. Jurisdiction.
Sec. 122-217. Required Findings.
Sec. 122-218. Written Decision on the Request for Reasonable Accommodation.
Sec. 122-219. Appeals
Sec. 122-220. Rescission of Grant of Reasonable Accommodation.
Secs. 122-221--122-230. Reserved.
Division 8. Amendments
Sec. 122-231. General.
Sec. 122-232. Initiation.
Sec. 122-233. Public hearing.
Sec. 122-234. Action by Planning Commission.
Sec. 122-235. Action by City Council.
Sec. 122-236. Reapplication for reclassification of property or amendment to zoning map.
Secs. 122-237--122-280. Reserved.
Article III. Districts and District Regulations
Division 1. General
Sec. 122-281. Enumeration of districts.
Sec. 122-282. Zoning map.
Sec. 122-283. Occupancy of mobile homes, trailers and campers.
Secs. 122-284--122-300. Reserved.
Division 2. R-6, R-7, R-7.5, R-8, R-10, R-12, R-15, R-20, R-40 Single-Family Residential Districts
Sec. 122-301. Description and purpose.
Sec. 122-302. Uses permitted in all Single-Family Districts.
Sec. 122-303. Conditional uses in all Single-Family Districts, subject to obtaining permit.
Sec. 122-304. Home-based Businesses.
Sec. 122-305. Prohibited use.
Sec. 122-306. Development standards.
Sec. 122-307. Additions to existing residences.
Sec. 122-308. Exemptions from required minimum setback, lot area or lot width requirements for legal nonconforming residences and parcels.
Sec. 122-309. Two single-family dwelling units on one lot.
Sec. 122-310. Secondary living units.
Sec. 122-311. Sinclair/Alameda Neighborhood Overlay District.
Secs. 122-312--122-330. Reserved.
Division 3. Residential Density Bonus
Sec. 122-331. Density bonuses for affordable housing and childcare.
Secs. 122-332--122-360. Reserved.
Division 4. D-3 Duplex Residential District
Sec. 122-361. Description and purpose.
Sec. 122-362. Permitted uses.
Sec. 122-363. Child care facilities.
Sec. 122-364. Conditional uses, subject to obtaining use permit.
Sec. 122-365. Prohibited use.
Sec. 122-366. Building height limit.
Sec. 122-367. Building site area required.
Sec. 122-368. Percentage of lot coverage permitted.
Sec. 122-369. Yards required.
Secs. 122-370--122-390. Reserved.
Division 5. M-2.5, M-1.8, M-1 Low, Medium, and High Density Multiple Residential Districts
Sec. 122-391. Description and purpose.
Sec. 122-392. Uses.
Sec. 122-393. Prohibited use.
Sec. 122-394. Development standards.
Secs. 122-395--122-410. Reserved.
Division 6. Multifamily Residential Districts (Low to Medium Density), FAR 0.2 and FAR 0.2+ to 0.4
Sec. 122-411. Description and purpose.
Sec. 122-412. Uses.
Sec. 122-413. Prohibited use.
Sec. 122-414. Development standards.
Secs. 122-415--122-430. Reserved.
Division 7. APO Apartment and Professional Office District
Sec. 122-431. Description and purpose.
Sec. 122-432. Conditional uses, subject to obtaining a Zoning Administrator's permit.
Sec. 122-433. Conditional uses, subject to obtaining use permit.
Sec. 122-434. Child care facilities.
Sec. 122-435. Prohibited uses.
Sec. 122-436. Transitional treatment.
Sec. 122-437. Building height limit.
Sec. 122-438. Building site area required.
Sec. 122-439. Percentage of lot coverage.
Sec. 122-440. Yards required.
Sec. 122-441. Development standards.
Sec. 122-442. Concord Boulevard Overlay District.
Secs. 122-443--122-460. Reserved.
Division 8. NTS North Todos Santos District
Sec. 122-461. Description and purpose.
Sec. 122-462. Permitted uses.
Sec. 122-463. Uses permitted, subject to approval of Zoning Administrator.
Sec. 122-464. Uses permitted, subject to approval by Design Review Board and a use permit from Planning Commission.
Sec. 122-465. Prohibited use.
Sec. 122-466. Development standards.
Sec. 122-467. Design guidelines.
Sec. 122-468. Exceptions from building code requirements.
Secs. 122-469--122-490. Reserved.
Division 9. NC Neighborhood Commercial District
Sec. 122-491. Uses permitted.
Sec. 122-492. Uses that may be allowed, subject to issuance of permit by Zoning Administrator.
Sec. 122-493. Uses that may be permitted, subject to obtaining use permit.
Sec. 122-494. Child care facilities.
Sec. 122-495. Prohibited use.
Sec. 122-496. General limitations.
Sec. 122-497. Required setbacks.
Sec. 122-498. Transitional design requirements.
Sec. 122-499. Landscaping and site development standards.
Secs. 122-500--122-520. Reserved.
Division 10. SC Service Commercial District
Sec. 122-521. Description and purpose.
Sec. 122-522. Uses permitted.
Sec. 122-523. Uses permitted, subject to obtaining use permit.
Sec. 122-524. Child care facilities.
Sec. 122-525. Prohibited use.
Sec. 122-526. Required conditions.
Sec. 122-527. Building height limit.
Sec. 122-528. Building site area required.
Sec. 122-529. Yards required.
Sec. 122-530. Illumination.
Secs. 122-531--122-550. Reserved.
Division 11. SLI Special Light Industrial District
Sec. 122-551. Description and purpose.
Sec. 122-552. Uses permitted and prohibited.
Sec. 122-553. Child care facilities.
Sec. 122-554. Development standards.
Secs. 122-555--122-570. Reserved.
Division 12. DBD Downtown Business District
Sec. 122-571. Intent and purpose.
Sec. 122-572. Conformity to redevelopment plan.
Sec. 122-573. Uses permitted and approval procedures.
Sec. 122-574. Child care facilities.
Sec. 122-575. Prohibited use.
Sec. 122-576. Development standards.
Secs. 122-577--122-600. Reserved.
Division 13. LI Light Industrial District
Sec. 122-601. Purpose and intent.
Sec. 122-602. Uses permitted.
Sec. 122-603. Uses permitted, subject to securing use permit from Planning Commission.
Sec. 122-604. Child care facilities.
Sec. 122-605. Prohibited use.
Sec. 122-606. Development standards.
Secs. 122-607--122-630. Reserved.
Division 14. PI Planned Industrial District
Sec. 122-631. Purpose and intent.
Sec. 122-632. Uses permitted.
Sec. 122-633. Application for use permit.
Sec. 122-634. Administrative approvals.
Sec. 122-635. Uses permitted, subject to securing use permit.
Sec. 122-636. Child care facilities.
Sec. 122-637. Prohibited Use.
Sec. 122-638. Building height limit.
Sec. 122-639. Building site area required.
Sec. 122-640. Yards required.
Sec. 122-641. Setback and landscaping.
Sec. 122-642. Truck loading facilities.
Sec. 122-643. Manufacturing and storage areas.
Sec. 122-644. Exterior building finish.
Sec. 122-645. Illumination.
Secs. 122-646--122-660. Reserved.
Division 15. S Study District
Sec. 122-661. Purpose.
Sec. 122-662. Conformance with General Plan.
Secs. 122-663--122-680. Reserved.
Division 16. PD Planned District
Sec. 122-681. Purpose.
Sec. 122-682. Prohibited use.
Sec. 122-683. General requirements.
Sec. 122-684. Preliminary development plan.
Sec. 122-685. Subsequent permits.
Sec. 122-686. Fees.
Secs. 122-687--122-700. Reserved.
Division 17. Open Space Districts
Sec. 122-701. Permanent Open Space (POS) District.
Sec. 122-702. Child care facilities.
Sec. 122-703. Open Space Reserve District.
Secs. 122-704--122-740. Reserved.
Article IV. General Provisions and Exceptions
Sec. 122-741. Applicability.
Sec. 122-742. Restrictions for specified uses, operations, and permits.
Sec. 122-743. Height limits to maintain sight distance and solar access.
Sec. 122-744. Yards and setbacks.
Sec. 122-745. Nonconforming uses.
Sec. 122-746. Relocated uses.
Sec. 122-747. Notification of public hearings.
Sec. 122-748. Covenant of easement requirements.
Sec. 122-749. Release of covenant for easement.
Secs. 122-750--122-780. Reserved.
Article V. Planned Unit Development
Sec. 122-781. Purpose.
Sec. 122-782. Application procedure.
Sec. 122-783. Exhibits to be filed with application.
Sec. 122-784. Density transfer.
Sec. 122-785. Dedication of open space.
Sec. 122-786. Maintenance of open space.
Sec. 122-787. Variations from General Plan.
Secs. 122-788--122-810. Reserved.
Article VI. Hillside Development
Sec. 122-811. Purpose and intent.
Sec. 122-812. Applicability.
Sec. 122-813. Development standards.
Sec. 122-814. Hillside development plan.
Sec. 122-815. Design review.
Sec. 122-816. Plan requirements for property zoned Planned District.
Sec. 122-817. Erosion control plan.
Sec. 122-818. Fences.
Sec. 122-819. Amendment of approved plan.
Secs. 122-820--122-840. Reserved.
Article VII. Off-Street Parking Facilities
Sec. 122-841. General provisions.
Sec. 122-842. Definitions.
Sec. 122-843. Development and maintenance of parking areas.
Sec. 122-844. Location of required parking facilities.
Sec. 122-845. Required number of parking spaces.
Sec. 122-846. Bicycle and motorcycle parking facilities.
Sec. 122-847. Parking area and stall dimensions.
Sec. 122-848. Parking requirements in Downtown Business (DB) District.
Secs. 122-849--122-870. Reserved.
Article VIII. Fences
Sec. 122-871. Purpose.
Sec. 122-872. Height limitations.
Sec. 122-873. Barbed wire, razor wire, ultra barrier, electrified, and other hazardous fences.
Sec. 122-874. Fences in hillside areas.
Secs. 122-875--122-900. Reserved.
Article IX. Adult Entertainment Businesses
Sec. 122-901. Purpose and intent.
Sec. 122-902. Definitions.
Sec. 122-903. Location restrictions.
Sec. 122-904. Public display of sexually oriented material.
Sec. 122-905. Discontinuance of nonconforming activities.
Sec. 122-906. Use permit required.
Sec. 122-907. Contents of permit application.
Sec. 122-908. Permit application fee.
Sec. 122-909. Procedure for action on permit.
Sec. 122-910. Appeal of decision on permit.
Sec. 122-911. Judicial review of decision on permit.
Sec. 122-912. Expiration of permit.
Sec. 122-913. Grounds for denial of permit.
Sec. 122-914. Annual fee.
Sec. 122-915. Inspection of premises.
Sec. 122-916. Suspension of permit.
Sec. 122-917. Revocation of permit.
Sec. 122-918. Review of permit denial, suspension, or revocation.
Sec. 122-919. Transfer of permit.
Sec. 122-920. Prohibitions regarding minors.
Sec. 122-921. Hours of operation.
Sec. 122-922. Penalties.
Sec. 122-923. Exemptions.
Secs. 122-924--122-950. Reserved.
Article X. Environmental Quality Act of 1970 Procedures and Guidelines
Sec. 122-951. Purpose.
Sec. 122-952. Authority of Planning Commission.
Sec. 122-953. Adoption of rules and regulations.
Sec. 122-954. Monitoring and reporting program.
Sec. 122-955. Enforcement.
Sec. 122-956. Fees.
Secs. 122-957--122-980. Reserved.
Article XI. Antennas and Wireless Communications Facilities
Sec. 122-981. Purpose and intent; definitions; action on applications.
Sec. 122-982. Exceptions and special regulations.
Sec. 122-983. Review and approval.
Sec. 122-984. Appeal.
Sec. 122-985. Development requirements and standards.
Sec. 122-986. Severability.
Secs. 122-987--122-1010. Reserved.
Article XII. Signs
Sec. 122-1011. Purpose.
Sec. 122-1012. Definitions.
Sec. 122-1013. Prohibited signs and uses.
Sec. 122-1014. General regulations.
Sec. 122-1015. Permits.
Sec. 122-1016. Construction and maintenance.
Sec. 122-1017. Removal.
Sec. 122-1018. Signs in Residential (R) Districts.
Sec. 122-1019. Signs in Duplex (D), Multiple (M), and Land Use Intensity (LUI) Districts.
Sec. 122-1020. Signs in Apartment Professional Office (APO) Districts.
Sec. 122-1021. Signs in Downtown Business (DB) Districts.
Sec. 122-1022. Signs in Neighborhood Commercial (NC) Districts.
Sec. 122-1023. Signs in Service Commercial (SC) Districts.
Sec. 122-1024. Signs in Planned Industrial (PI) Districts.
Sec. 122-1025. Signs in Light Industrial (LI) and Special Light Industrial (SLI) Districts.
Sec. 122-1026. Signs in Planned (P) Districts.
Sec. 122-1027. Subdivision signs.
Sec. 122-1028. Political signs.
Sec. 122-1029. Miscellaneous signs.
Sec. 122-1030. Appeal to Planning Commission.
Sec. 122-1031. Appeal to City Council.
Sec. 122-1032. Variances.
Sec. 122-1033. Repealer.
Sec. 122-1034. Violations; penalties.
Sec. 122-1035. Severability.
Secs. 122-3036--122-1049. Reserved.
Article XIII. Inclusionary Housing
Sec. 122-1050. Purpose and Intent.
Sec. 122-1051. Definitions.
Sec. 122-1052. Requirement to Provide Inclusionary Units or Pay In-lieu Fee.
Sec. 122-1053. Required Number of Inclusionary Units.
Sec. 122-1054. In-lieu Fees.
Sec. 122-1055. Duration of Restrictions.
Sec. 122-1056. Inclusionary Housing Agreements
Sec. 122-1057. Development Incentives.
Sec. 122-1058. Compliance Monitoring Fees.
Sec. 122-1059. Off-Site Alternatives
Sec. 122-1060. Design Standards and Construction Timing.
Sec. 122-1061. Waivers or Adjustments
Sec. 122-1062. Allocation Priority.
ARTICLE I. IN GENERAL
Sec. 122-1. Purpose.
The purpose of this chapter is to promote the growth of the city in an orderly manner, and to promote and protect the public health, safety, peace, comfort, and general welfare.
(Code 1965, § 10101; Ord. No. 241)
Sec. 122-2. Effect of zoning or districting plan.
The zoning or districting plan effectuated by this chapter establishes various districts, including all the territory within the boundaries of the city, within which the use of land and buildings, the space for buildings, open space around buildings, and the height and bulk of buildings are regulated.
(Code 1965, § 10102; Ord. No. 241; Ord. No. 454)
Sec. 122-3. Compliance with chapter.
No building or structure shall be erected, reconstructed, or structurally altered in any manner, nor shall any building or land be used for any purpose, other than as permitted by and in conformance with this chapter and all ordinances, laws, and maps referred to therein.
(Code 1965, § 10103; Ord. No. 241)
Sec. 122-4. Definitions.
For the purpose of this chapter, certain terms used herein are defined.
(Code 1965, § 101210; Ord. No. 1206)
Adjacent. Directly abutting, having a boundary or property line(s) in common or bordering directly, or contiguous to.
(Code 1965, § 101210; Ord. No. 1206)
Apartment. A dwelling unit located in a duplex or multiple dwelling.
(Code 1965, § 101210; Ord. No. 1206)
Apartment building or apartment house. A building used and designated as a residence for three or more families living independently, with individual cooking and toilet/bathroom facilities.
(Code 1965, § 101210; Ord. No. 1206)
Block. The frontage along one side of a street between the two nearest intersecting streets.
(Code 1965, § 101210; Ord. No. 241; Ord. No. 1206)
Building. Any structure having a roof supported by columns or by walls and designed for the shelter or housing of any person, animal, or chattel.
(Code 1965, § 101210; Ord. No. 241; Ord. No. 1206)
Building, accessory. Subordinate building, the use of which is incidental to that of the main building on the same lot.
(Code 1965, § 101210; Ord. No. 241; Ord. No. 1206)
Building envelope. That portion of a lot which is circumscribed by the setback lines: that portion of a lot on which a main building may be built.
(Code 1965, § 101210; Ord. No. 1206)
Building height. Building height shall be the distance measured between the "base elevation" and the "top elevation," which shall be established as follows. Building height limits shall also be considered applicable to certain other structures, e.g., large antennas, which shall be subject to review and interpretation by the Zoning Administrator.
(Code 1965, § 101210; Ord. No. 1187; Ord. No. 1206; Ord. No. 95-3)
(1) Various height restrictions. Permissible building or structural height shall be determined by goals, objectives, policies and regulations contained in the General Plan, the Municipal Code, the Structural Height Limits Map for Buchanan Field Airport, the Structural Height Limits Map for the Mt. Diablo Medical Center Helipad and other city regulations. Maximum height shall be the lowest height allowed by the applicable regulations.
(Code 1965, § 101210; Ord. No. 1187; Ord. No. 1206; Ord. No. 95-3)
(2) Calculation. Maximum building height shall be calculated based upon the following:
(Code 1965, § 101210; Ord. No. 1187; Ord. No. 1206; Ord. No. 95-3)
a. As described in the current adopted edition of the California Building Code approved for use in the city.
(Code 1965, § 101210; Ord. No. 95-3)
b. When maximum building or structural height is determined by proximity to the airport, a helipad or related facility, height shall be measured from mean sea level to the highest part of the building or structure or the highest part of any appurtenance, whichever is higher.
(Code 1965, § 101210; Ord. No. 95-3)
c. Where the structure being measured is not governed by the California Building Code nor airport/helipad regulations, height shall be measured from the ground to the highest part of the structure or the highest part of any appurtenance, whichever is higher, or by other appropriate means as determined by the Chief of Planning.
(Code 1965, § 101210; Ord. No. 95-3)
(3) Measurement of height. Height (for buildings, appurtenances and fences) shall be measured from grade prior to construction or from approved new grade, based upon an approved grading plan. Existing grades are not to be modified so as to circumvent the provisions of this definition.
(Code 1965, § 101210; Ord. No. 95-3)
(4) Appurtenances. Appurtenances on building roofs (chimneys, weather vanes, antennas, etc.) may exceed the maximum height required by the city's zoning regulations by up to three feet but no more than three feet. Appurtenances on building roofs may be allowed to extend more than three feet above the maximum building height for particular reason only if specifically approved by the Chief of Planning or the Building Official and only as required by an applicable regulation, e.g., building code requirements for minimum chimney height.
(Code 1965, § 101210; Ord. No. 95-3)
(5) Building height for transitional setbacks. The building height used in the calculation of transitional setbacks shall be based upon eight feet for each building story, i.e., eight feet height for a one-story building, 16 feet height for a two-story building, 24 feet for a three-story building, etc.
(Code 1965, § 101210; Ord. No. 95-3)
Building, main. A building in which is conducted the principal use of the lot on which it is situated. In any R District, any dwelling shall be deemed to be a main building on a lot.
(Code 1965, § 101210; Ord. No. 241; Ord. No. 1206)
Building site. A legally created lot or parcel of land, in one ownership, and occupied or to be occupied by a main building and any accessory buildings, or by a dwelling group and its accessory buildings, together with such open spaces as are required by the terms of this Code.
(Code 1965, § 101210; Ord. No. 241; Ord. No. 1187; Ord. No. 1206)
Carport. An accessible and usable covered space, open on two or more sides, for the storage of automobiles.
(Code 1965, § 101210; Ord. No. 241; Ord. No. 1206)
Check casher or check cashing business.
(1) A person or entity that, for compensation, engages in whole or in part in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose. A "check casher" also includes a person as defined in Financial Code § 23000(d) licensed under California Deferred Deposit Transaction Law, Financial Code § 23000 et seq who offers, originates, or makes a deferred deposit transaction, who arranges a deferred deposit transaction for a deferred deposit originator, or who acts as an agent for a deferred deposit originator, or who assists a deferred deposit originator in the origination of a deferred deposit transaction. A deferred deposit transaction means a transaction whereby the check casher refrains from depositing a personal check written by a customer until a specific date pursuant to a written agreement as provided in Financial Code § 23035.
(Code 1965, § 101210; Ord. No. 95-5; Ord. No. 98-10; Ord. No. 05-2)
(2) "Check casher" or "check cashing business" does not include a state or federally chartered bank, savings association, credit union, or industrial loan company. "Check casher" or "check cashing business" also does not include a retail seller engaged primarily in the business of selling consumer goods, such as consumables to retail buyers, that cashes checks or issues money orders for a minimum flat fee, not exceeding $2.00, as a service to its customers that is incidental to its main purpose or business.
(Code 1965, § 101210; Ord. No. 95-5; Ord. No. 98-10)
Chief of Planning. Chief of Planning shall have the same meaning as Planning Manager.
(Ord. No. 02-5, § 5)
Child care facilities.
(1) Child care center. A facility other than a large or small family day care home which provides nonmedical care to children under 18 years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis. "Child care center" does not include family day care homes and typically serves 13 or more children.
(Code 1965, § 101210; Ord. No. 98-8)
(2) Family day care home. A home which regularly provides care, protection, and supervision for up to 14 or fewer children, in the provider's own home, for periods of less than 24 hours per day, while the parents or guardians are away who are not providers, and includes the following:
(Code 1965, § 101210; Ord. No. 98-8)
a. Large family day care home. A home which provides family day care to seven to 14 children, inclusive, including children who reside at the home, as defined in regulations issued by the state;
(Code 1965, § 101210; Ord. No. 98-8)
b. Small family day care home. A home which provides family day care for up to eight children, including children who reside at the home, as defined in regulations issued by the state.
(Code 1965, § 101210; Ord. No. 98-8)
District (zoning district). A portion of the city within which certain uses of land and buildings are permitted or prohibited and within which certain yards and other open spaces are required and certain height limits are established for buildings, all as set forth and specified in this chapter.
(Code 1965, § 101210; Ord. No. 241; Ord. No. 1206; Ord. No. 95-5; Ord. No. 98-8)
Drive-through, drive-in, or drive-up. Any business or use in which a service, product, or merchandise is provided to a person(s) who remains in or on a vehicle.
(Code 1965, § 101210; Ord. No. 1206; Ord. No. 95-5; Ord. No. 98-8)
Duplex. A building on one lot or parcel containing not more than two kitchens, designed and/or used to house not more than two families living independently of each other, including all necessary employees of each such family. The two living units must be separated by a common wall only.
(Code 1965, § 101210; Ord. No. 241; Ord. No. 1206; Ord. No. 95-5; Ord. No. 98-8)
Dwelling, multiple. A building, or portion thereof, used and designed as a residence for three or more families living independently of each other and doing their own cooking separately in individual kitchens in said building.
(Code 1965, § 101210; Ord. No. 241; Ord. No. 1206; Ord. No. 95-5; Ord. No. 98-8)
Dwelling, single-family. A building, or portion thereof, used and designed as a residence for one family.
(Code 1965, § 101210; Ord. No. 241; Ord. No. 1206; Ord. No. 95-5; Ord. No. 98-8)
Dwellings, groups. A group of two or more single-family dwellings, duplexes, or multiple dwellings occupying a parcel of land in one ownership and having any yard or court in common, but not including motels or hotels.
(Code 1965, § 101210; Ord. No. 241; Ord. No. 1206; Ord. No. 95-5; Ord. No. 98-8)
Family and related definitions. For the purpose of this chapter, a "family" is defined as follows:
(Code 1965, § 101210; Ord. No. 780; Ord. No. 1206; Ord. No. 95-5; Ord. No. 98-8)
(1) Any person, or two or more persons, occupying premises and living as a single housekeeping unit, as distinguished from a group occupying a hotel, a rooming or boarding house, or club.
(Code 1965, § 101210; Ord. No. 780; Ord. No. 1206; Ord. No. 95-5)
(2) Not more than six unrelated minors placed in a foster home or family care home licensed by the state or the county, living together as a single housekeeping unit, together with family care personnel limited to two adults.
(Code 1965, § 101210; Ord. No. 780; Ord. No. 1206; Ord. No. 95-5)
(3) A "family," as defined herein, shall be deemed to include domestic employees and temporary nonpaying guests.
(Code 1965, § 101210; Ord. No. 780; Ord. No. 828; Ord. No. 1206; Ord. No. 95-5)
(4) For the purpose of subsections (1), (2) and (3) above, the following words and phrases shall have the meanings ascribed to them as follows:
(Code 1965, § 101210; Ord. No. 1206; Ord. No. 95-5)
a. Foster home. A home which has been duly licensed by the state for the placement of dependent children therein.
(Code 1965, § 101210; Ord. No. 780; Ord. No. 1206; Ord. No. 95-5)
b. Family care home. A home which has been duly licensed, certified, or otherwise authorized by the state or the county for the placement of minors for permanent or temporary care therein.
(Code 1965, § 101210; Ord. No. 780; Ord. No. 1206; Ord. No. 95-5)
c. Domestic employees. Employees who live on the premises and engage in domestic tasks in the household.
(Code 1965, § 101210; Ord. No. 780; Ord. No. 1206; Ord. No. 95-5)
d. Temporary nonpaying guests. Guests who are visiting members of the household on a purely temporary basis, and who pay no consideration, and who will not be taking up permanent residence therein.
(Code 1965, § 101210; Ord. No. 780; Ord. No. 1206; Ord. No. 95-5)
Floor area (FA). The total floor area in a building (including basements, mezzanines, interior balconies, and upper stories or levels in a multistory building) unless otherwise stipulated; e.g., "ground" floor area.
(Code 1965, § 101210; Ord. No. 1206; Ord. No. 95-5; Ord. No. 98-8)
Floor area ratio (FAR). The ratio of floor area to land area (FAR = FA divided by LA).
(Code 1965, § 101210; Ord. No. 1206; Ord. No. 95-5; Ord. No. 98-8)
Garage. A building or portion of a building, not including carports as defined herein, that provides accessible and usable covered parking spaces for automobiles.
(Code 1965, § 101210; Ord. No. 241; Ord. No. 1206; Ord. No. 95-5; Ord. No. 98-8)
Gross roof area. The projected roof area of a building or structure. The gross roof area shall be calculated by projecting the eave lines of a roof to the ground in plan view.
(Code 1965, § 101210; Ord. No. 91-10; Ord. No. 95-5; Ord. No. 98-8)
Hotel/motel. Any building, or portion thereof, containing four or more guestrooms used, designed, intended to be used, let or hired out to be occupied, or which are occupied by four or more individuals for compensation, whether the compensation for hire be paid directly or indirectly.
(Code 1965, § 101210; Ord. No. 241; Ord. No. 1206; Ord. No. 91-10; Ord. No. 95-5; Ord. No. 98-8)
Junkyard. The use of more than 100 square feet of the area of any lot or the use of any portion of that half of any lot, which half adjoins any street, for the storage of junk, including scrap metal or other scrap materials, or inoperable machinery, whether for sale or storage.
(Code 1965, § 101210; Ord. No. 241; Ord. No. 1206; Ord. No. 91-10; Ord. No. 95-5; Ord. No. 98-8)
Land area (LA). For use in establishing density or intensity, "land area" shall be defined for the given types of uses as follows:
(Code 1965, § 101210; Ord. No. 1206; Ord. No. 91-10; Ord. No. 95-5; Ord. No. 98-8; Ord. No. 06-14)
(1) Nonresidential projects and all residential projects: Land area shall be the net area of the site excluding all rights of way for public streets or other areas which will not remain under the same title of ownership as the site itself.
(Code 1965, § 101210; Ord. No. 1206; Ord. No. 91-10; Ord. No. 95-5; Ord. No. 06-14)
Nonconforming uses. A use that does not conform to the regulations for the district in which it is situated.
(Code 1965, § 101210; Ord. No. 241; Ord. No. 1206; Ord. No. 91-10; Ord. No. 95-5; Ord. No. 98-8)
Nonconforming use, legal. A use which was legally in existence at a given location and which became a nonconforming use due to some action of the city related to the use or the location. Due to its prior status as a legal use, a legal nonconforming use may continue as provided in section 122-745 of this Code or so long as an amortization period has not expired.
(Code 1965, § 101210; Ord. No. 1206; Ord. No. 91-10; Ord. No. 95-5; Ord. No. 98-8)
Parking space or parking stall. A space located off the street, with access for the parking of automobiles; see article VII of this chapter (parking requirements), for precise requirements, provisions, and standards.
(Code 1965, § 101210; Ord. No. 241; Ord. No. 1206; Ord. No. 91-10; Ord. No. 95-5; Ord. No. 98-8)
Personal service uses. Personal service uses are uses of recurrently needed services of a personal nature such as barber and beauty shops, seamstresses, tailor, dry cleaning agents, shoe repair shops, self-service laundry, video rental stores, photocopying and photofinishing services and travel agencies.
(Ord. No. 06-14)
Professional.
(1) Any person engaged in work: (1) predominantly intellectual and varied in character, as opposed to routine mental, manual, mechanical, or physical work; (2) involving the consistent exercise of discretion and judgment in its performances: (3) of such a character that the output produced or the result accomplished cannot be standardized in relation to a given period of time; (4) requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher learning, or a hospital, as distinguished from a general academic education, or from an apprenticeship, or from training in the performance of routine mental, manual, or physical processes; or
(Code 1965, § 101210; Ord. No. 454; Ord. No. 1206; Ord. No. 91-10; Ord. No. 95-5; Ord. No. 98-8)
(2) Any person who has completed the courses of specialized intellectual instruction and study described in subsection (1) above, or is performing related work under the supervision of a professional person to qualify himself to become a professional employee as defined in subsection (1) above.
(Code 1965, § 101210; Ord. No. 454; Ord. No. 1206; Ord. No. 91-10; Ord. No. 95-5)
Restaurant. For general usage in this Code, a place of business which prepares and/or serves food to customers for their consumption either on or off the building site. For specific usage in determining the method of approval of such uses in certain zoning districts, the following words and phrases shall have the meanings ascribed to them as follows:
(Code 1965, § 101210; Ord. No. 1206; Ord. No. 91-10; Ord. No. 95-5; Ord. No. 98-8)
(1) Cafeteria. A business in which many varieties of ready-to-eat food are displayed in such a manner that customers go through a serving line to select from the various items displayed, the food so served is consumed on the premises, and the customer is seated while eating either inside or outside a building. A cafeteria may include incidental open air service.
(Code 1965, § 101210; Ord. No. 896; Ord. No. 1206; Ord. No. 91-10; Ord. No. 95-5)
(2) Coffee shop. A business which provides coffee, other beverages, snacks, and sandwiches to customers, primarily for their consumption in the place of business.
(Code 1965, § 101210; Ord. No. 1206; Ord. No. 91-10; Ord. No. 95-5)
(3) Drive-in restaurant, including drive-up or drive-through facilities. A business where customers are served ready-to-eat food by an employee of the business while the customer remains in an automobile; this includes what came to be known to the public as drive-up operations, restaurants, and windows.
(Code 1965, § 101210; Ord. No. 896; Ord. No. 1206; Ord. No. 91-10; Ord. No. 95-5)
(4) Restaurant. A business, the function of which is to prepare and cook food to be served to customers while seated at a counter, booth, or table either inside or outside a building: however, for purposes of determining permits for uses, this shall include coffee shops and cafeterias, unless otherwise specified.
(Code 1965, § 101210; Ord. No. 896; Ord. No. 1206; Ord. No. 91-10; Ord. No. 95-5)
(5) Self-service restaurant. A business dealing in sandwiches or other types of ready-to-eat food and soft drinks, or food made from dairy products, or any combination thereof, where the customer normally places and receives his order at a window or counter either inside or outside a building and carries the food to the place where it is to be consumed.
(Code 1965, § 101210; Ord. No. 896; Ord. No. 1206; Ord. No. 91-10; Ord. No. 95-5)
(6) Takeout restaurant. A business specializing in selling ready-to-eat food, other than candy and ice cream, where it is intended that the food purchased be consumed off the premises.
(Code 1965, § 101210; Ord. No. 896; Ord. No. 1206; Ord. No. 91-10; Ord. No. 95-5)
Rooming or boarding house (bed and breakfast). A dwelling other than a hotel where lodging and/or meals for a person or persons are provided for compensation.
(Code 1965, § 101210; Ord. No. 241; Ord. No. 1206; Ord. No. 91-10; Ord. No. 95-5; Ord. No. 98-8)
Setback. The area between a property line and a building or structure which must be kept clear or open; distance shall be measured from the property line to the nearest portion of a building or structure, excluding the allowable roof overhang.
(Code 1965, § 101210; Ord. No. 241; Ord. No. 1206; Ord. No. 91-10; Ord. No. 95-5; Ord. No. 98-8)
Structure. That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.
(Code 1965, § 101210; Ord. No. 91-10; Ord. No. 95-5; Ord. No. 98-8)
Use. The purpose for which land or premises of a building thereon is designed, arranged, or intended, or for which it is or may be occupied or maintained.
(Code 1965, § 101210; Ord. No. 241; Ord. No. 1206; Ord. No. 91-10; Ord. No. 95-5; Ord. No. 98-8)
Use, accessory. A use incidental and necessary to the principal use of a lot or a building located on the same lot.
(Code 1965, § 101210; Ord. No. 241; Ord. No. 1206; Ord. No. 91-10; Ord. No. 95-5; Ord. No. 98-8)
Yard, front. The yard or open space along the street toward which the building is primarily oriented is considered the front yard.
(Code 1965, § 101210; Ord. No. 241; Ord. No. 1206; Ord. No. 91-10; Ord. No. 92-14; Ord. No. 95-5; Ord. No. 98-8)
Yard, exterior side. The yard or open space of a parcel along a street which abuts the street and is not the front or rear yard shall be considered the exterior side yard.
(Code 1965, § 101210; Ord. No. 241; Ord. No. 1206; Ord. No. 91-10; Ord. No. 92-14; Ord. No. 95-5; Ord. No. 98-8)
Yard, interior side. The yard or open space between any section of the side wall of the building and the abutting parcel shall be considered the interior side yard.
(Code 1965, § 101210; Ord. No. 92-14; Ord. No. 95-5; Ord. No. 98-8)
Yard, rear. The yard or open space between any section of the rear wall of a building and the back property line.
(Code 1965, § 101210; Ord. No. 92-14; Ord. No. 95-5; Ord. No. 98-8)
Cross references: Definitions generally, § 1-10.
Sec. 122-5. Interpretation of chapter; conflicting laws, regulations or covenants.
When interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience, and general welfare. Except as specifically herein provided, it is not intended by the adoption of this chapter to repeal, abrogate, annul, or in any way to impair or interfere with any existing provision of law or ordinance, or any rules, regulations, or permits previously adopted or issued, or which shall be adopted or issued, pursuant to law, relating to the erection, construction, establishment, moving, alteration, or enlargement of any building or improvement; nor is it intended by this chapter to interfere with or abrogate or annul any easement, covenant, or other agreement between parties; provided, however, that in cases in which this chapter imposes a greater restriction upon the erection, construction, establishment, moving, alteration, or enlargement of buildings or the use of any such building or premises in said several districts or any of them, than is imposed or required by such existing provisions of law or ordinance or by such rules, regulations, or permits, or by such easements, covenants, or agreements, then in such case the provisions of this chapter shall control.
(Code 1965, § 101011; Ord. No. 241; Ord. No. 94-5)
Sec. 122-6. Enforcement.
All departments, officials, and public employees of the city, vested with the duty or authority to issue permits or licenses, shall conform to the provisions of this chapter, and shall issue no permit or license for uses, buildings, or purposes in conflict with the provisions of this chapter; and any such permit or license issued in conflict with the provisions of this chapter shall be null and void. It shall be the duty of the Building Official of the city to enforce the provisions of chapter 14 pertaining to the erection, construction, reconstruction, moving, conversion, alteration, or addition to any building or structure.
(Code 1965, § 101021; Ord. No. 241; Ord. No. 94-5)
Sec. 122-7. Penalties.
Any person, firm, or corporation, whether as principal, agent, employee, or otherwise, violating or causing the violation of any of the provisions of this chapter shall be deemed guilty of a misdemeanor punishable pursuant to section 1-23 of this Code. Such person, firm, or corporation shall be deemed to be guilty of a separate offense for each and every day during any portion of which any violation of this chapter is committed or continued by such person, firm, or corporation, and shall be punishable as herein provided.
(Code 1965, § 101022; Ord. No. 241; Ord. No. 94-5)
Sec. 122-8. Violations declared nuisance.
Any building or structure set up, erected, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of this chapter, and any use of any land, building, or premises established, conducted, operated, or maintained contrary to the provisions of this chapter, shall be and the same is hereby declared to be unlawful and a public nuisance. It shall be the duty of the Building Official or his designee to investigate all violations and suspected violations and to make a written report thereon. Said report shall contain the name of the parties to the violation, the nature of the violation and its location, and the number of the section of this chapter which has been violated; it shall also contain a space to record such action as the City Council may take. The City Attorney shall, upon order of the City Council, immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building or structure and restrain and enjoin any person, firm, or corporation from setting up, erecting, building, maintaining, or using any such building contrary to the provisions of this chapter.
(Code 1965, § 101023; Ord. No. 241; Ord. No. 454; Ord. No. 94-5)
Sec. 122-9. Remedies cumulative.
The remedies provided for herein shall be cumulative and not exclusive.
(Code 1965, § 101024; Ord. No. 241)
Sec. 122-10. Repealer.
Ordinance Nos. 99, 144, 159, 173, and 201 are hereby repealed and all other ordinances and parts of ordinances of said city in conflict with this chapter to the extent of such conflict, and no further, are hereby repealed provided that nothing herein contained shall be deemed to repeal or amend any ordinance of said city requiring a permit or license or both to cover any business, trade or occupation.
(Code 1965, § 101031; Ord. No. 241)
Secs. 122-11--122-30. Reserved.
ARTICLE II. ADMINISTRATION*
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*Cross references: Administration, ch. 2.
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DIVISION 1. GENERAL
Secs. 122-31--122-50. Reserved.
DIVISION 2. ZONING ADMINISTRATOR*
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*Cross references: Officers and employees, § 2-81 et seq.
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Sec. 122-51. Office established; general authority.
(a) The position of Zoning Administrator is hereby established for the city. The Zoning Administrator shall hear and decide applications for Zoning Administrator's permits, minor subdivisions, and administrative approvals according to the procedures set forth in this division, and shall perform other such duties as may be prescribed by laws, resolutions, and motions of the city. The Zoning Administrator shall also hear and decide applications for variances, except variances for those projects which are required to be heard and approved by the Planning Commission.
(Code 1965, § 10870; Ord. No. 894; Ord. No. 85-35; Ord. No. 89-14)
(b) The Zoning Administrator shall adopt rules and regulations for the transaction of the business of meetings and conduct of meetings.
(Code 1965, § 10870; Ord. No. 894; Ord. No. 85-35; Ord. No. 89-14)
Sec. 122-52. Administrative approvals.
(a) Administrative actions regarding certain uses or occupancies. The Zoning Administrator or his designee may administratively approve or deny a use or occupancy where authority to do so is provided for in this Code, by Planning Commission conditions of approval or by Design Review Board conditions of approval.
(Code 1965, § 10870.1; Ord. No. 92-24)
(b) Zoning Administrator's permit may be required. If it appears to the Zoning Administrator or his designee from the face of the application that the proposed use or occupancy could potentially cause adverse impacts to adjacent property owners and residents, including, but not limited to, increased traffic, noise, dust, fumes, or changes in hours of operation, the Zoning Administrator or his designee shall require the project sponsor to apply for a Zoning Administrator's permit as provided in section 122-53.
(Code 1965, § 10870.1; Ord. No. 92-24)
Sec. 122-53. Zoning Administrator's permits.
The Zoning Administrator may issue permits (conditional, revocable, or valid for a specific period of time) for any of the uses or purposes for which such permits are required or permitted by the terms of this Code.
(Code 1965, § 10871; Ord. No. 894; Ord. No. 85-35; Ord. No. 92-5)
(1) Application. Application for a Zoning Administrator's permit shall be made in writing, on a form prescribed by the Chief of Planning, and shall be accompanied by such information or plans as may be required by the Chief of Planning in order to permit a complete evaluation of the proposal. Such application shall be accompanied by a fee as set forth in the Resolution Establishing Fees and Charges for Various Municipal Services.
(Code 1965, § 10871; Ord. No. 894; Ord. No. 85-35; Ord. No. 89-14; Ord. No. 92-5)
(2) Amendments. Application may be made for an amendment to an existing Zoning Administrator's permit. The application shall be made in writing, on a form prescribed by the Chief of Planning. The application shall include a complete description of the proposed amendment and shall be accompanied by such information or plans as may be required by the Chief of Planning in order to permit a complete evaluation of the proposal. If the use of a building or property approved under a Zoning Administrator's permit is changed without prior approval of a Zoning Administrator's permit, the city may initiate a revocation hearing by the Zoning Administrator. Application for an amended Zoning Administrator's permit shall be accompanied by a fee as set forth in the Resolution Establishing Fees and Charges for Various Municipal Services.
(Code 1965, § 10871; Ord. No. 894; Ord. No. 85-35; Ord. No. 89-14; Ord. No. 92-5)
(3) Public hearing. A public hearing shall be held before the Zoning Administrator within 30 days after filing of a complete application, notice of which shall be given as required by section 122-747(b) of this Code, except as provided in section 122-742(j) of this Code, relating to large family day care homes.
(Code 1965, § 10871; Ord. No. 894; Ord. No. 85-35; Ord. No. 92-5)
(4) Action.
a. After the conclusion of the public hearing, the Zoning Administrator shall either grant, deny, continue, or refer the application to the Planning Commission. In order to grant a permit or permit amendment, the Zoning Administrator shall make findings that the establishment, maintenance, or operation of the use applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city.
(Code 1965, § 10871; Ord. No. 894; Ord. No. 85-35; Ord. No. 92-5)
b. The Zoning Administrator may impose such conditions in connection with the permit or permit amendment as deemed necessary to secure the purposes of this chapter and may require such guarantees and evidence that such conditions are being or will be met. The Zoning Administrator may also require, as a condition of approval, that the applicant obtain administrative approval for certain uses proposed.
(Code 1965, § 10871; Ord. No. 894; Ord. No. 85-35; Ord. No. 92-5)
(5) Term. Any use authorized by a Zoning Administrator's permit must be commenced within one year of the date of issuance of the permit, unless otherwise specified by the approving body. If any use for which a permit has been issued is not established or conducted within one year of approval of the Zoning Administrator's permit or other time period specified by the Zoning Administrator, the permit shall be deemed null and void, unless an extension has been granted in accordance with section 122-184. If the use of a building or property approved under a Zoning Administrator's permit ceases for a period of six months or more, the permit shall be considered abandoned and void.
(Code 1965, § 10871; Ord. No. 92-5)
Sec. 122-54. Approval of minor subdivisions.
(a) Authority. The Zoning Administrator may approve a subdivision of four or fewer lots, after appropriate notification to surrounding property owners and interested parties, if the subdivision complies with the provisions of both the city's Zoning and Subdivision Ordinances.
(Code 1965, § 10872; Ord. No. 1131; Ord. No. 1170; Ord. No. 85-35; Ord. No. 89-14)
(b) Action.
(1) If it is found that all requirements of the Subdivision Ordinance are met, the Zoning Administrator shall approve the minor subdivision subject to appropriate conditions to assure compliance with city land development requirements.
(Code 1965, § 10872; Ord. No. 89-14)
(2) The Zoning Administrator may refer a minor subdivision to the Planning Commission for its review, final approval, or other action.
(Code 1965, § 10872; Ord. No. 89-14)
(3) If it is found that the proposed minor subdivision does not meet all appropriate Subdivision Ordinance requirements, the Zoning Administrator shall deny the application.
(Code 1965, § 10872; Ord. No. 89-14)
Sec. 122-55. Appeals.
(a) Appeal of action by Zoning Administrator. Any person aggrieved or dissatisfied with the action taken by the Zoning Administrator may appeal such action to the Planning Commission. Such appeal shall be in writing, on a form prescribed by the Chief of Planning, and shall be filed with the Planning Department within ten calendar days of the action. The appeal shall be accompanied by a fee in the amount specified in the Resolution Establishing Fees and Charges for Various Municipal Services. Notice of hearing on the appeal shall be given as required by section 122-747(b) of this Code.
(Code 1965, § 10873; Ord. No. 894; Ord. No. 85-4; Ord. No. 85-35; Ord. No. 92-5)
(b) Appeal of action by Planning Commission. Any person aggrieved or dissatisfied with the action taken by the Planning Commission may appeal such action to the City Council pursuant to section 2-52 of this Code.
(Code 1965, § 10873; Ord. No. 894; Ord. No. 85-4; Ord. No. 85-35)
Secs. 122-56--122-70. Reserved.
DIVISION 3. USE PERMITS
Sec. 122-71. General.
Use permits, revocable, conditional, or valid for a term period, may be issued for any of the uses or purposes for which such permits are required or permitted by the terms of this chapter.
(Code 1965, § 10831; Ord. No. 241; Ord. No. 1131)
Sec. 122-72. Application.
Application for use permit shall be made to the Planning Commission, in writing, in a form prescribed by the Commission, and shall be accompanied by plans and elevations necessary to show the detail of the proposed use of building. Such application shall be accompanied by a fee calculated according to the schedule as set forth in the Resolution Establishing Fees and Charges for Various Municipal Services.
(Code 1965, § 10832; Ord. No. 241; Ord. No. 642; Ord. No. 965; Ord. No. 1131; Ord. No. 1170)
Sec. 122-73. Amendments.
Application may be made for an amendment to an existing use permit. The application shall be made to the Planning Commission, in writing, and in a form prescribed by the Chief of Planning. The application shall include a complete description of the proposed amendment to the existing use permit and shall be accompanied by plans and elevations, if necessary to show the detail of the proposed amendment. If the use of a building or property approved under a use permit is changed without prior approval of a use permit amendment by the Planning Commission, the city may initiate a use permit revocation hearing by the Planning Commission. Application for an amended use permit shall be accompanied by a fee in an amount set forth in the Resolution Establishing Fees and Charges for Various Municipal Services.
(Code 1965, § 10832.1; Ord. No. 1131; Ord. No. 1170; Ord. No. 92-5)
Sec. 122-74. Term.
Any use authorized by a use permit must be commenced within one year of the date of issuance of the permit, unless otherwise specified by the approving body. If any use for which a permit has been issued is not established or conducted within one year of approval of the use permit or other time period specified by the approving body, the permit shall be deemed null and void, unless an extension has been granted in accordance with section 122-184. If the use of a building or property approved under a use permit ceases for a period of six months or more, the use permit shall be considered abandoned and void.
(Code 1965, § 10832.2; Ord. No. 92-5)
Sec. 122-75. Public hearing.
The Planning Commission shall hold a public hearing on applications for use permits and use permit amendments. Notice of the hearings shall be given pursuant to section 122-747(b) of this Code.
(Code 1965, § 10833; Ord. No. 241; Ord. No. 1131; Ord. No. 85-4)
Sec. 122-76. Action by Planning Commission.
(a) In order to grant any use permit or use permit amendment, the Planning Commission shall find that the establishment, maintenance, or operation of the use applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city.
(Code 1965, § 10834; Ord. No. 241; Ord. No. 1131; Ord. No. 85-36)
(b) The Planning Commission may designate such conditions, in connection with the use permit or a use permit amendment, as it deems necessary to secure the purposes of this chapter, and may require such guarantees and evidence that such conditions are being or will be complied with.
(Code 1965, § 10834; Ord. No. 241; Ord. No. 1131)
(c) The Planning Commission may require, as a condition to procuring a use permit, that the applicant obtain administrative approval for certain uses proposed. The fee for applying for such an administrative approval shall be the amount set forth in the Resolution Establishing Fees and Charges for Various Municipal Services.
(Code 1965, § 10834; Ord. No. 1131; Ord. No. 1170)
Sec. 122-77. Appeal procedure.
If the applicant or others affected are not satisfied with the action taken on a use permit or a use permit amendment by the Planning Commission, such applicant or those affected may appeal to the City Council in accordance with section 2-52 of this Code. The Planning Commission shall submit a report to the City Council setting forth the reasons for action taken by the Commission, or shall be represented at the hearing.
(Code 1965, § 10835; Ord. No. 241; Ord. No. 845; Ord. No. 1131)
Sec. 122-78. Effect of appeal.
No building permit shall be issued in any case where a use permit or a use permit amendment is required by the terms of this division until the time for appeal after the granting of such use permit or amendment by the Planning Commission has expired or, in the event of appeal, after action by the City Council that approved the use permit or use permit amendment, and then only in accordance with the terms and conditions of the approved use permit or use permit amendment.
(Code 1965, § 10836; Ord. No. 241; Ord. No. 687; Ord. No. 833; Ord. No. 1131)
Sec. 122-79. Limitation on subsequent applications after denial.
Following the denial of a second application for a use permit or Zoning Administrator's permit made within three years of the first application, a project sponsor shall not make application for a same or similar use at the same location for a period of three years.
(Code 1965, § 10837; Ord. No. 92-24)
Secs. 122-80--122-100. Reserved.
DIVISION 4. DESIGN REVIEW BOARD AND DESIGN REVIEW PROCEDURES*
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*Cross references: Boards, commissions and committees, § 2-271 et seq.
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Sec. 122-101. Design review procedure adopted.
There is hereby adopted a procedure for the review of the design for all buildings, structures, and improvements requiring a building permit in the city, except as provided in section 122-105(a).
(Code 1965, § 10890; Ord. No. 926; Ord. No. 1171)
Sec. 122-102. Findings.
The City Council hereby finds that poor or inappropriate exterior design of improvements to real property adversely affects the health, safety, and welfare of the residents of the city by having one or more of the following effects:
(Code 1965, § 10891; Ord. No. 926; Ord. No. 1171)
(1) The desirability of other properties within the vicinity for the uses for which they are zoned is adversely affected;
(Code 1965, § 10891; Ord. No. 926; Ord. No. 1171)
(2) The benefits of occupancy of other property in the vicinity are impaired;
(Code 1965, § 10891; Ord. No. 926; Ord. No. 1171)
(3) Property values within the vicinity do not retain their stability;
(Code 1965, § 10891; Ord. No. 926; Ord. No. 1171)
(4) The most appropriate development of other properties within the vicinity is impaired;
(Code 1965, § 10891; Ord. No. 926; Ord. No. 1171)
(5) The maintenance or improvement, or both, of surrounding properties is discouraged with the result that these properties degenerate and there is an accompanying deterioration of conditions which affect the health, safety, comfort, and general welfare of the inhabitants of the area and the inhabitants of the city at large;
(Code 1965, § 10891; Ord. No. 926; Ord. No. 1171)
(6) The proper relationship between the taxable value of real property in the vicinity and the cost of municipal services to these properties is destroyed;
(Code 1965, § 10891; Ord. No. 926; Ord. No. 1171)
(7) The unsightliness which exists causes a decrease in the value of surrounding properties.
(Code 1965, § 10891; Ord. No. 926; Ord. No. 1171)
Sec. 122-103. Purpose.
The purpose of this division is to recognize the interdependence of land values and aesthetics and to provide a method by which the following goals can be achieved:
(Code 1965, § 10892; Ord. No. 926; Ord. No. 1171)
(1) Promotion of sound land use development;
(Code 1965, § 10892; Ord. No. 926; Ord. No. 1171)
(2) Assist in establishing high standards for the development of buildings, landscaping, and other improvements in the city.
(Code 1965, § 10892; Ord. No. 926; Ord. No. 1171; Ord. No. 85-55)
Sec. 122-104. Design Review Board.
(a) Board established; membership.
(1) Board established; number of members. There is hereby created a Design Review Board, hereinafter referred to as "Board," which shall consist of no more than five members.
(Code 1965, § 10893; Ord. No. 926; Ord. No. 1171; Ord. No. 87-38; Ord. No. 92-19)
(2) Composition. At all times, the Board shall consist of at least one of the following members:
(Code 1965, § 10893; Ord. No. 87-38; Ord. No. 92-19; Ord. No. 96-1)
a. One member of the city Planning Commission, appointed by the Planning Commission;
(Code 1965, § 10893; Ord. No. 926; Ord. No. 1171; Ord. No. 87-38; Ord. No. 92-19; Ord. No. 96-1)
b. Three design professionals, e.g., architects, landscape architects, urban designers, building designers, at least one of whom shall be a professional licensed architect, appointed by the City Council;
(Code 1965, § 10893; Ord. No. 926; Ord. No. 1171; Ord. No. 87-16; Ord. No. 87-38; Ord. No. 92-19; Ord. No. 96-1)
c. One public member, who shall be a resident of the city, with experience or training in design concepts, appointed by the City Council.
(Code 1965, § 10893; Ord. No. 926; Ord. No. 1171; Ord. No. 87-38; Ord. No. 92-19; Ord. No. 96-1)
(b) Term of office. The term of office for the Board members shall be two years, unless sooner terminated by reason of death, resignation, disqualification, or other cause.
(Code 1965, § 10893; Ord. No. 926; Ord. No. 1171)
(c) Time of regular meetings. The Board shall meet not less than once a month at the F. A. Stewart Civic Center, 1950 Parkside Drive, Concord, at a time and date to be designated by the Board.
(Code 1965, § 10893; Ord. No. 926; Ord. No. 990; Ord. No. 1171; Ord. No. 93-7)
(d) Appointment of officers. The Board shall appoint a chair and vice-chairman. The chair and vice-chair serve for a term of one year or until the successor of each is appointed and takes office.
(Code 1965, § 10893; Ord. No. 926; Ord. No. 1171; Ord. No. 93-7)
(e) Secretary. The Chief of Planning shall appoint a person to serve as Secretary of the Board.
(Code 1965, § 10893; Ord. No. 926; Ord. No. 1171; Ord. No. 93-7)
(f) Adoption of rules. The Board shall adopt rules for the transaction of its business.
(Code 1965, § 10893; Ord. No. 926; Ord. No. 1171)
(g) Records. The Board shall keep a public record of its resolutions, transactions, findings, and determinations.
(Code 1965, § 10893; Ord. No. 926; Ord. No. 1171)
(h) Quorum. A quorum consists of three members of the five positions on the Board.
(Code 1965, § 10893; Ord. No. 1171; Ord. No. 87-38; Ord. No. 92-19; Ord. No. 93-7)
(i) Duties of officers.
(1) Chair. The chair shall preside at all meetings of the Board and shall perform the duties necessary or incidental to the office.
(Code 1965, § 10893; Ord. No. 926; Ord. No. 1171; Ord. No. 93-7)
(2) Vice-chair. The vice-chair is chair in the absence of the chair or in case of the inability of the chair to participate in the proceedings.
(Code 1965, § 10893; Ord. No. 926; Ord. No. 1171; Ord. No. 93-7)
(3) Secretary. The secretary shall record official actions by the Board. The secretary shall maintain records and shall perform such other duties as assigned.
(Code 1965, § 10893; Ord. No. 926; Ord. No. 1171; Ord. No. 93-7)
(j) Compensation. The basis and amount of compensation to be paid to members of the Design Review Board shall be established by resolution of the City Council.
(Code 1965, § 10893; Ord. No. 990; Ord. No. 1171; Ord. No. 93-7)
(k) Subcommittees. The Board may establish subcommittees as needed to fulfill its duties.
(Code 1965, § 10893; Ord. No. 93-7)
(l) Attendance. Failure to attend three consecutive meetings will result in dismissal from the Board, unless the member has been otherwise excused by the chair.
(Code 1965, § 10893; Ord. No. 93-7)
Sec. 122-105. Improvements subject to design review.
(a) The Board shall review the design of each improvement for which a building permit, certificate, or other approval is required and any matter referred to the Board by the Planning Commission, Zoning Administrator, or Chief of Planning, except:
(Code 1965, § 10894; Ord. No. 926; Ord. No. 1171; Ord. No. 93-7)
(1) Detached single-family residences, appurtenances, accessory improvements, and additions or repairs to them, unless:
(Code 1965, § 10894; Ord. No. 926; Ord. No. 1171; Ord. No. 90-22)
a. The Planning Commission or Zoning Administrator requires Design Review Board approval as a condition of approval of a parcel map or tentative subdivision map pursuant to section 122-816 of this Code; or
(Code 1965, § 10894; Ord. No. 90-22; Ord. No. 93-7)
b. The Planning Commission or Zoning Administrator, in approving a parcel map, tentative map, use permit, Zoning Administrator's permit or variance, finds that review and approval by the Design Review Board is necessary to assure that the new development is sensitive to, and compatible with, existing neighborhoods; or
(Code 1965, § 10894; Ord. No. 90-22; Ord. No. 93-7)
c. Design Review Board approval is required pursuant to the Hillside Development Ordinance or is a condition of approval of a hillside development plan.
(Code 1965, § 10894; Ord. No. 93-7)
(2) Additions or repairs to any existing improvement if the exterior thereof is not to be altered.
(Code 1965, § 10894; Ord. No. 926; Ord. No. 1171)
(3) Additions or repairs to an existing building or other improvement if the total value of additions and repairs to such improvements does not exceed $10,000.00 in any 12-month period and if the Chief of Planning finds that the design is complementary to the existing building and will not be deleterious to development in the general area.
(Code 1965, § 10894; Ord. No. 926; Ord. No. 1171; Ord. No. 93-7)
(4) Improvement(s) in any 12-month period having a total value of more than $10,000.00 but less than $200,000.00 if the Chief of Planning finds the project is of low public visibility and/or low potential for adverse visual impact.
(Code 1965, § 10894; Ord. No. 926; Ord. No. 1171; Ord. No. 93-7)
(5) Signs or other graphics may be reviewed by a subcommittee of the Board if such subcommittee is authorized by the Design Review Board.
(Code 1965, § 10894; Ord. No. 926; Ord. No. 1171; Ord. No. 93-7)
(6) Projects for which the Design Review Board has delegated specific review authority to the staff of the Planning Division.
(Code 1965, § 10894; Ord. No. 93-7)
(7) Any improvement which the Chief of Planning finds is of such a size, location, and/or design that it will be a positive influence on, and/or will be complementary to, development in the general area and finds that the purpose and intent of this division will not be nullified by waiving a formal Design Review Board hearing.
(Code 1965, § 10894; Ord. No. 93-7)
(b) The term "improvement," as used in this division, shall be liberally interpreted and shall include the construction, alteration, and repair of all buildings, structures, and facilities permanently affixed to real property and appurtenances thereto. No improvement subject to design review shall hereafter be constructed, located, repaired, altered, or thereafter maintained, except in accordance with a design approved as provided in this division.
(Code 1965, § 10894; Ord. No. 926; Ord. No. 1171)
Sec. 122-106. Application for design review.
(a) An application for design review shall be made to the Planning Division, in writing, on a form as may be prescribed by the Chief of Planning. The application shall be accompanied by a filing fee according to the schedule set forth in the Resolution Establishing Fees and Charges for Various Municipal Services. The application shall also include all information necessary for compliance with city and state requirements for environmental review (unless an environmental action for the project has already been taken) and plans, information, and displays as may be required by the Chief of Planning necessary to fully evaluate the proposed development.
(Code 1965, § 10895; Ord. No. 926; Ord. No. 1131; Ord. No. 1170; Ord. No. 1171; Ord. No. 85-55; Ord. No. 93-7)
(b) All applications for design review shall be reviewed by the Planning Division prior to being scheduled for review by the Design Review Board. Any application which is found not to be complete or is found to be in conflict with this Code, including the purposes of this division, as stated in section 122-103, or any permits or variances granted in connection with the development shall not be scheduled for review by the Board until all necessary information or plans have been provided and any such conflicts have been resolved. Staff shall notify the applicant, in writing, of any deficiency or conflict within 30 calendar days of filing of an application.
(Code 1965, § 10895; Ord. No. 85-55; Ord. No. 93-7)
Sec. 122-107. Evaluation of proposed development.
The Design Review Board shall examine the material submitted with the application by considering the following aspects for conformance with the purpose of this chapter:
(Code 1965, § 10896; Ord. No. 926; Ord. No. 1171)
(1) General site utilization considerations;
(Code 1965, § 10896; Ord. No. 926; Ord. No. 1171)
(2) General architectural considerations:
(Code 1965, § 10896; Ord. No. 926; Ord. No. 1171)
a. Height, bulk, and area of buildings;
(Code 1965, § 10896; Ord. No. 926; Ord. No. 1171)
b. Colors and types of buildings and installations;
(Code 1965, § 10896; Ord. No. 926; Ord. No. 1171)
c. Physical and architectural relation with existing and proposed structures in the area and to the site's location within the city;
(Code 1965, § 10896; Ord. No. 926; Ord. No. 1171)
d. Site layout, orientation and location of buildings, and relationship with open areas and topography;
(Code 1965, § 10896; Ord. No. 926; Ord. No. 1171)
e. Height, materials, colors, and variations in boundary walls, fences, or screen planting;
(Code 1965, § 10896; Ord. No. 926; Ord. No. 1171)
f. Location and type of landscaping, including but not limited to setback areas and the project's off-street parking areas; and
(Code 1965, § 10896; Ord. No. 926; Ord. No. 1171)
g. Appropriateness of sign design and exterior lighting.
(Code 1965, § 10896; Ord. No. 926; Ord. No. 1171)
(3) General landscape considerations.
(Code 1965, § 10896; Ord. No. 926; Ord. No. 1171)
(4) Graphics.
(Code 1965, § 10896; Ord. No. 926; Ord. No. 1171)
(5) City of Concord Community Design Guidelines.
(Code 1965, § 10896; Ord. No. 93-7)
Sec. 122-108. Submission of final plan.
When the Board has approved the information required by section 122-106, the applicant may submit working drawings to the city with an application for a building permit. These drawings shall be referred to the Planning Division to assure their conformance to the plans approved by the Board and any conditions which were a part of that approval.
(Code 1965, § 10897; Ord. No. 926; Ord. No. 1171; Ord. No. 93-7)
Sec. 122-109. Appeal.
(a) An applicant may appeal any determination that an application is not complete or is in conflict with this Code, including the purposes of this division as stated in section 122-103, or any permits or variances granted in connection with the development. Such appeal shall be made to the Design Review Board by filing a written appeal, on a form prescribed by the Chief of Planning, with the Planning Division within ten calendar days of notification of a deficiency or conflict. The appeal form shall be accompanied by the fee as set forth in the Resolution Establishing Fees and Charges for Various Municipal Services. Notice of hearing by the Board on any such appeal shall be given pursuant to section 122-747(a) of this Code. Action on the appeal by the Board may be appealed to the Planning Commission pursuant to section 2-53 of this Code.
(Code 1965, § 10898; Ord. No. 926; Ord. No. 1171; Ord. No. 85-55; Ord. No. 93-7)
(b) Any interested party may appeal a decision of the Design Review Board to the Planning Commission pursuant to section 2-52 of this Code.
(Code 1965, § 10898; Ord. No. 85-55; Ord. No. 93-7)
Sec. 122-110. Prohibitions; enforcement.
No building permit, license, certificate, or other approval or entitlement shall be issued or given by the city or any department or employee thereof with respect to any improvement subject to design review until the design of the improvement has been approved as provided in this division. No certificate of use and occupancy or similar approval shall be issued or given for any improvement subject to design review hereunder, unless and until the representative of the Planning Division has certified that the improvement has been completed in accordance with the design approved pursuant to this division.
(Code 1965, § 10899; Ord. No. 926; Ord. No. 1171; Ord. No. 93-7)
Sec. 122-111. Noncomplying improvements declared nuisance.
Any improvement constructed, located, repaired, altered, or maintained contrary to the provisions hereof is hereby declared to be unlawful and a public nuisance.
(Code 1965, § 10899.1; Ord. No. 926; Ord. No. 1171)
Sec. 122-112. Review of improvements to be constructed by school districts and governmental agencies.
The Board shall review the design of all improvements to be constructed to the extent permitted by law, or by the agencies involved, by school districts, and other governmental agencies or districts. Such review shall be conducted with reference to the criteria and factors set forth in section 122-107 hereof; and following such review, the Committee [Board] shall submit a written report of its recommendations and comments to the body proposing to construct the improvement.
(Code 1965, § 10899.2; Ord. No. 926; Ord. No. 1171)
Sec. 122-113. Effect on other ordinances.
Nothing in this division shall be construed to exempt any applicant from compliance with any requirement of any other ordinance of this city or amend any such other ordinance.
(Code 1965, § 10899.3; Ord. No. 926; Ord. No. 1171)
Sec. 122-114. Severability.
If a section, subsection, sentence, clause, phrase, or portion of this division is invalid, the invalidity does not affect the validity of the remaining portion of it, [and this division] continues in effect irrespective of the fact that a section, subsection, sentence, clause, phrase, or portion is declared invalid.
(Code 1965, § 10899.4; Ord. No. 926; Ord. No. 1171)
Sec. 122-115. Approval of building permit plans.
Whenever any building or structure within the city is erected, constructed, altered, improved, repaired, or demolished pursuant to a permit issued by the Building Division of the Public Works Department and the work called for either creates a new structure or building, or alters or expands the exterior configuration of an existing structure, the plans and specifications required for said building permit must be approved as to Design Review Board conditions, as well as to planning and zoning requirements by the Planning Division. If any permit is issued based on plans or other submittals by the applicant or his representative which are contrary to the Design Review Board's approval, the applicant shall be responsible for correcting any work done under such permit in order to bring it into conformance with said Board's approval.
(Code 1965, § 10899.5; Ord. No. 1131; Ord. No. 1171; Ord. No. 93-7)
Sec. 122-116. Resubmission of plans when modifications are required.
Whenever any proposed use or property has been approved and the approving agency has imposed conditions which must be reflected by a modification in plans and specifications, said plans and specifications must be resubmitted to the Planning Division for approval.
(Code 1965, § 10899.6; Ord. No. 1131; Ord. No. 1171; Ord. No. 93-7)
Sec. 122-117. Plan checking fee.
Whenever any plans are checked by the Planning Division pursuant to sections 122-115 and 122-116 above, a filing fee shall be charged according to the schedule as set forth in the Resolution Establishing Fees and Charges for Various Municipal Services.
(Code 1965, § 10899.7; Ord. No. 1131; Ord. No. 1170; Ord. No. 1171; Ord. No. 93-7)
Secs. 122-118--122-140. Reserved.
DIVISION 5. DEVELOPMENT AGREEMENTS
Sec. 122-141. Purpose.
Government Code tit. 7, div. 1, ch. 4, art. 2.5 (Government Code § 65864 et seq.) authorizes the city to establish procedures and requirements for the consideration of development agreements upon application by or on behalf of the property owner or other person having a legal or equitable interest in the subject property. It is the intent of the City Council that development agreements are not appropriate for routine or ordinary development applications but may be desirable for large multiphase developments where a developer is called upon to make substantial investment at the early stages of the project for planning and engineering for the entire project and for public facilities and services. This division is adopted to supplement existing provisions of this Code and may be cited as the Development Agreement Ordinance. For purposes of this division, the term "Director" shall mean the Director of Economic and Community Development.
(Code 1965, § 10910; Ord. No. 92-3)
Sec. 122-142. Application forms and information.
The Director shall prescribe the form of each application, notice, and document provided for or required pursuant to this division for the preparation and implementation of development agreements. The Director may require an applicant to submit such information and supporting data as he considers necessary to process the application.
(Code 1965, § 10911; Ord. No. 92-3)
Sec. 122-143. Fees.
The fees required for filing and processing of each application and document provided for or required pursuant to this division shall be set forth in the Resolution Establishing Fees and Charges for Various Municipal Services.
(Code 1965, § 10912; Ord. No. 92-3)
Sec. 122-144. Parties to agreement.
(a) Applicant. Only a qualified applicant may file an application to enter into a development agreement. A qualified applicant is a person who has legal or equitable interest in the real property which is the subject of the development agreement. "Applicant" includes an authorized agent. The Director may require an applicant to submit proof of his interest in the real property and of the authority of an agent to act for the applicant.
(Code 1965, § 10913; Ord. No. 92-3)
(b) Other parties. In addition to the city and the property owner, any federal, state, or local governmental agency or body and any other private party may be included as a party to any development agreement.
(Code 1965, § 10913; Ord. No. 92-3)
(c) Property subject to annexation. A qualified applicant whose property is located within the city's sphere of influence, or whose property is the subject of a pending application for inclusion into the sphere of influence, may file an application to enter into a development agreement. However, the agreement shall not become operative unless annexation proceedings annexing property to the city are completed within the period of time specified by the agreement. If the annexation is not completed within the time specified in the agreement or any extension of the agreement, the agreement shall be null and void.
(Code 1965, § 10913; Ord. No. 92-3)
Sec. 122-145. Application to be accompanied by proposed terms of agreement.
Each application for a development agreement shall be accompanied by the general terms and conditions of the agreement proposed by the applicant and shall include the matters set forth in section 122-147 of this division.
(Code 1965, § 10914; Ord. No. 92-3)
Sec. 122-146. Review of application.
The Director shall endorse on the development agreement application the date it is received. The Director shall review the development agreement application and may reject it if it does not meet the requirements of this division. The Director shall review the development agreement application and determine any additional requirements necessary to complete the development agreement application and so notify the applicant in writing. If the Director finds that the development agreement application is complete, it shall be accepted for filing. After all required information is received, a staff report and recommendation shall be prepared and shall state whether or not the agreement as proposed, or in an amended form, would be consistent with the General Plan and any applicable specific plan.
(Code 1965, § 10915; Ord. No. 92-3)
Sec. 122-147. Contents.
(a) A development agreement shall specify the duration of the agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and the provisions for reservation or dedication of land for public purposes. The development agreement may include additional conditions, terms or restrictions, and any requirement for subsequent discretionary actions, provided that such conditions, terms, restrictions, and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density or intensity of the development set forth in the agreement. The agreement may provide that construction shall be commenced within a specified time and that the project, or any phase thereof, be completed within a specified time. The agreement shall not prevent the city from requiring the project to comply with standard conditions and requirements, or Uniform Code standards for construction.
(Code 1965, § 10916; Ord. No. 92-3)
(b) The agreement may also include terms and conditions relating to applicant financing of necessary public facilities and subsequent reimbursement over time.
(Code 1965, § 10916; Ord. No. 92-3)
(c) In no event shall a development agreement prevent the city, in any subsequent action applicable to the property, from applying new fees, rules, regulations, and policies which do not conflict with those rules, regulations, and policies as set forth in the development agreement, so long as the new rules, regulations, or policies do not prohibit development of the property in accordance with the density and intensity specified in the development agreement, nor shall a development agreement prevent the city from denying or conditionally approving any subsequent development project application on the basis of such existing or new rules, regulations, and policies.
(Code 1965, § 10916; Ord. No. 92-3)
Sec. 122-148. Notice of public hearing.
Public hearings on an application for a development agreement shall be held by the Planning Commission and by the City Council. Notice of intention to consider adoption of a development agreement shall be given in the manner and form required by section 122-747 of this Code and Government Code §§ 65090 and 65091. The failure of any person entitled to receive notice required by law does not affect the authority of the city to enter into a development agreement.
(Code 1965, § 10917; Ord. No. 92-3)
Sec. 122-149. Conduct of public hearing.
Public hearings shall be conducted by the Planning Commission and the City Council in accordance with the procedural standards prescribed in the Government Code for the conduct of zoning ordinance hearings. Each person interested in the matter shall be given an opportunity to be heard. The applicant has the burden of showing, at the public hearing, the public benefit of adopting the proposed development agreement.
(Code 1965, § 10918; Ord. No. 92-3)
Sec. 122-150. Determination by Planning Commission.
(a) Purpose and use. The Planning Commission may recommend use of a development agreement as a method of implementing any discretionary recommendation or approval of the Planning Commission, including but not limited to:
(Code 1965, § 10919; Ord. No. 92-3)
(1) Zoning or rezoning;
(Code 1965, § 10919; Ord. No. 92-3)
(2) Issuance of a conditional use permit;
(Code 1965, § 10919; Ord. No. 92-3)
(3) Issuance of a Zoning Administrator's permit;
(Code 1965, § 10919; Ord. No. 92-3)
(4) Conditions imposed upon approval of a permit after discretionary review;
(Code 1965, § 10919; Ord. No. 92-3)
(5) Conditions imposed in connection with the adoption of any specific plan;
(Code 1965, § 10919; Ord. No. 92-3)
(6) Conditions imposed on any planned unit development;
(Code 1965, § 10919; Ord. No. 92-3)
(7) Site-specific conditions imposed in any zoning district;
(Code 1965, § 10919; Ord. No. 92-3)
(8) Mitigation measures imposed upon a project after approval of an environmental impact report or negative declaration in which such mitigation measures have been adopted as a mechanism for eliminating or reducing environmental impacts;
(Code 1965, § 10919; Ord. No. 92-3)
(9) Tentative subdivision map approvals.
(Code 1965, § 10919; Ord. No. 92-3)
(b) Recommendation to City Council. After the public hearing, the Planning Commission shall make its recommendation, in writing, to the City Council. The recommendation shall include their determination whether or not the development agreement as proposed:
(Code 1965, § 10919; Ord. No. 92-3)
(1) Is consistent with the objectives, policies, general land uses, and programs specified in the General Plan and any applicable specific plan;
(Code 1965, § 10919; Ord. No. 92-3)
(2) Substantially complies with the uses authorized in, and the regulations prescribed for, the land use zoning district in which the real property is located;
(Code 1965, § 10919; Ord. No. 92-3)
(3) Will be detrimental to the health, safety, and general welfare.
(Code 1965, § 10919; Ord. No. 92-3)
Sec. 122-151. Decision by City Council.
(a) Acceptance or disapproval of recommendation. After the City Council closes its public hearing, it may accept or disapprove the recommendation of the Planning Commission. The City Council may refer matters not previously considered by the Planning Commission during its public hearing and any significant modifications to the development agreement back to the Planning Commission for a report and recommendation.
(Code 1965, § 10920; Ord. No. 92-3)
(b) Finding of consistency with General Plan and specific plans. The City Council may not approve the development agreement, unless it finds that the provisions of the agreement are consistent with the General Plan and any applicable specific plan.
(Code 1965, § 10920; Ord. No. 92-3)
(c) Adoption of ordinance. If the City Council approves the development agreement, it shall do so by the adoption of an ordinance which is subject to referendum. The development agreement shall not take effect until the effective date of the ordinance approving the development agreement.
(Code 1965, § 10920; Ord. No. 92-3)
Sec. 122-152. Amendment or cancellation by mutual consent.
The development agreement may be amended or cancelled, in whole or in part, pursuant to Government Code § 65868.
(Code 1965, § 10921; Ord. No. 92-3)
Sec. 122-153. Recording of development agreement, amendment or cancellation.
(a) Within ten days after the City Council enters into the development agreement, the City Clerk shall cause the agreement to be recorded with the office of the County Recorder.
(Code 1965, § 10922; Ord. No. 92-3)
(b) If the parties to the agreement or their successors in interest amend or cancel the agreement as provided in Government Code § 65868, or if the City Council terminates or modifies the agreement as provided in Government Code § 65865.1 for failure of the applicant to comply in good faith with the terms and conditions of the agreement, the City Clerk shall have notice of such action recorded with the office of the County Recorder.
(Code 1965, § 10922; Ord. No. 92-3)
Sec. 122-154. Periodic compliance review--Required; procedure.
(a) Annual review required. The Director shall review the property owner's or developer's compliance with the development agreement every 12 months from the date the agreement is recorded.
(Code 1965, § 10923; Ord. No. 92-3)
(b) Public hearing when Director finds evidence of noncompliance. If the Director finds substantial evidence that the property owner(s) has/have not complied in good faith with the terms and conditions of the development agreement, he shall request the City Council to conduct a public hearing at which the property owner must demonstrate good faith compliance with the terms and conditions of the development agreement. The burden of proof of compliance is upon the property owner.
(Code 1965, § 10923; Ord. No. 92-3)
(c) Determination by Council. The City Council shall determine, upon the basis of substantial evidence, whether or not the property owner has, for the time period under review, complied in good faith with the terms and conditions of the development agreement.
(Code 1965, § 10923; Ord. No. 92-3)
Sec. 122-155. Same--Effect of decision.
(a) Finding of compliance. If the City Council, after a public hearing, determines that the property owner has complied in good faith with the terms and conditions of the agreement during the time period under review, the review for that time period is concluded.
(Code 1965, § 10924; Ord. No. 92-3)
(b) Finding of noncompliance. If City Council, after a public hearing, determines on the basis of substantial evidence that the property owner has not complied in good faith with the terms and conditions of the development agreement during the time period under review, the City Council may modify or terminate the agreement or extend the time or waive compliance upon a showing of good cause. The decision to terminate or modify the development agreement is final.
(Code 1965, § 10924; Ord. No. 92-3)
Sec. 122-156. Modification or termination.
Any development agreement may be amended or cancelled, in whole or in part, by following the procedures as set forth in this division. Notice of intention to amend or cancel any portion of the agreement shall be given in the manner provided by Government Code § 65867. An amendment to a development agreement shall be approved by ordinance and is subject to referendum.
(Code 1965, § 10925; Ord. No. 92-3)
Sec. 122-157. Enforcement.
Unless amended or canceled pursuant to Government Code § 65868 or modified or suspended pursuant to Government Code § 65869.5, and except as otherwise provided in Government Code § 65865.3(b), a development agreement shall be enforceable by any party thereto notwithstanding any change in any applicable general or specific plan, zoning, or subdivision regulation adopted by the city entering the agreement, which alters or amends the rules, regulations, or policies specified in Government Code § 65866.
(Code 1965, § 10926; Ord. No. 92-3)
Secs. 122-158--122-180. Reserved.
DIVISION 6. APPEALS AND REVOCATIONS
Sec. 122-181. Refiling and reconsideration of denied applications.
(a) In the event any application for a use permit or variance is denied, unless the denial is without prejudice, no new application for a use permit or variance shall be made within one year subsequent to the effective date of denial unless it can be shown by the applicant that the conditions under which the denial was made have changed. When an appeal is made to the City Council, said one-year period shall commence:
(Code 1965, § 10840; Ord. No. 828; Ord. No. 1101)
(1) On the date the Council renders its decision; or
(Code 1965, § 10840; Ord. No. 828; Ord. No. 1101)
(2) When the appeal is presumed denied as described in section 2-55; or
(Code 1965, § 10840; Ord. No. 828; Ord. No. 1101)
(3) When the appeal is withdrawn by the appellant; or
(Code 1965, § 10840; Ord. No. 828; Ord. No. 1101)
(4) When the appeal is dropped from the agenda for failure to prosecute.
(Code 1965, § 10840; Ord. No. 828; Ord. No. 1101)
(b) An application for reconsideration on grounds of changed conditions shall be made on the direct recommendation of the Planning Director or his designate that the new application be placed on the Planning Commission agenda. In the event the Planning Director denies the new application on the grounds of no changed conditions, the reasons thereof shall be communicated to the applicant. Such denial shall be appealable to the Planning Commission as provided in this division.
(Code 1965, § 10840; Ord. No. 828; Ord. No. 1101)
(c) "Changed conditions" under this division means a substantial change in the use or variance than that originally applied for by the applicant; the change may involve site plan, density, increase or decrease in parcel size, change in zoning classification, or change in the General Plan.
(Code 1965, § 10840; Ord. No. 828; Ord. No. 1101)
Sec. 122-182. Appellate authority of Planning Commission.
The Planning Commission shall have the power to hear and decide appeals based on the enforcement or interpretation of the provisions of this chapter.
(Code 1965, § 10841; Ord. No. 241; Ord. No. 818)
Sec. 122-183. Appeal from decision of Planning Commission.
In case an applicant is not satisfied with an action of the Planning Commission, he may appeal to the City Council in accordance with section 2-52 of this Code. The Planning Commission shall submit a report to the City Council setting forth the reasons for action taken by the Commission, or shall be represented at the hearing.
(Code 1965, § 10842; Ord. No. 845)
Sec. 122-184. Expiration of permit or variance; grounds for revocation of permit, variance or design approval.
(a) Any Zoning Administrator's permit, use permit, or variance granted in accordance with the terms of this chapter shall expire if no building permit is secured within one year from the date of approval or longer term as authorized by section 122-74, 122-53(5), or 122-211(5). However, the approving body, at its discretion, may grant one or more extension(s) of such a permit or variance for a maximum of up to two years each, provided that the applicant applies for an extension in the manner prescribed by the approving body prior to the expiration of the permit or variance. All applications for extensions shall include payment of a fee in the amount set forth in the Resolution Establishing Fees and Charges for Various Municipal Services.
(Code 1965, § 10843; Ord. No. 1131; Ord. No. 1170; Ord. No. 85-8; Ord. No. 93-12)
(b) Any Zoning Administrator's permit, use permit, or variance granted in accordance with the terms of this chapter may be revoked if any of the conditions or terms of such permit or variance are violated or if any law or ordinance is violated in connection therewith.
(Code 1965, § 10843; Ord. No. 241; Ord. No. 85-8)
(c) The approval of project drawings and plans by the Design Review Board shall expire if no building permit is secured within one year from the date of approval of the permit or variance for the project. If no permit or variance has been secured for the project, the design approval shall expire one year from the date of design approval. The Board, at its discretion, may grant one or more extensions(s) of such approval for a maximum of one year each, provided that the applicant applies for such an extension in the manner prescribed by the Board prior to the expiration of the approval. All applications for an extension shall include payment of a fee in the amount set forth in the Resolution Establishing Fees and Charges for Various Municipal Services.
(Code 1965, § 10843; Ord. No. 85-8)
Sec. 122-185. Hearing on proposed revocation.
The Planning Commission shall hold a hearing on any proposed revocation. Notice of the hearing shall be given in accordance with section 122-747(b) of this Code, except that no notice need be published if no such published notice was required for the hearing when the permit was granted. The Planning Commission shall submit its recommendation on the revocation to the City Council, which shall consider the recommendation at a hearing within 30 days after receipt of the recommendation. Notice of the Council hearing shall be given in the same manner as notice of the Commission hearing.
(Code 1965, § 10844; Ord. No. 241; Ord. No. 85-4)
Sec. 122-186. Appeal of staff interpretation.
Whenever any employee of the city Planning Department interprets any provisions of this Code which relate to planning and zoning within the city, and whenever the interpretation has an adverse effect on the use or proposed use of property within the city, any party affected by such an adverse decision may appeal that decision to the Planning Commission within ten days of being notified of the staff interpretation, provided the appellant first pays a nonrefundable filing fee in an amount set forth in the Resolution Establishing Fees and Charges for Various Municipal Services.
(Code 1965, § 10845; Ord. No. 1131; Ord. No. 1170)
Sec. 122-187. Revocation of use permit for abandoned drive-in facilities.
(a) Findings. The City Council hereby finds that abandoned drive-in facilities used for providing services to the public in the city, because of their construction and locations, present unique problems which are detrimental to the general health, welfare, and safety of the community. From time to time, active business is terminated in certain drive-in facilities due to economic or other reasons, and the buildings and grounds tend to deteriorate more quickly than conventional buildings and fall into a st