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The city council shall:

A.

Adopt regulations as stated in this title and amendments hereto;

B.

Approve any changes to the zoning map;

C.

Grant or deny conditional use permits and variances; and

D.

Perform such other duties as are required by state law, acting in joint capacity as planning commission and city council.

(Ord. 595 § 7.00(A), 1982)

The planning director shall be responsible for:

A.

Investigations;

B.

Reports;

C.

Public notices;

D.

Records;

E.

Interpretations of provisions of this title; and

F.

Other activities required by this title or the city council to fairly and effectively administer all zoning regulations.

(Ord. 630 § 1, 1987: Ord. 595 § 7.00(B), 1982)

A.

The planning director shall give each application filed with him or action initiated by the city council an identification number. Each type of application shall have a separate number series which thereafter shall be numbered sequentially.

B.

The planning director shall prepare and maintain a file on each application or action initiated by the city council, and an index to facilitate location of files and applicability of cases to specific properties.

(Ord. 630 § 3 (part), 1987; Ord 595 § 7.08(A, B), 1982)

The planning director shall, upon receiving an application under this title or starting a file on a city-council-initiated or planning-director-initiated action, cause the owners or authorized agent of owners of parcels of property to which the action applies to be notified in writing of hearing dates, times and locations, when applicable, and of final action for or against proposals being considered.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 7.08(C), 1982)

The director of public works, building inspector and all officials charged with the issuance of licenses or permits shall enforce the provisions of this title. The chief of police and all officials charged with the enforcement of the law shall also enforce the provisions of this title.

(Ord. 595 § 8.00, 1982)

The provisions for the design review committee are set out in Sections 17.64.061 through 17.64.066.

(Ord. 636 (part), 1988)

The purpose of the design review committee is to provide an additional level of design review to the central business district, as defined in the "Blythe Downtown Design and Implementation Program" (as amended). The design review committee shall prevent the erection of structures or signs which are inharmonious and incompatible with the Design Standards and Architectural Guidelines of the implementation plan.

(Ord. 636 (part), 1988)

The design review committee shall be composed of five members, to consist of three members of the downtown implementation advisory committee, who shall be appointed by city council; the city manager; and the director of planning. The committee may also include a nonvoting design professional who may be an architect, landscape architect or related design professional.

(Ord. 636 (part), 1988)

The design review committee shall hold one regularly scheduled public meeting each year, the agenda of which shall be posted on the door of the city council chambers seven calendar days in advance of said meeting. Additional meetings of the design review committee shall be noticed in the same manner. Recommendations of the design review committee with the concurrence of a minimum of three members, shall be adopted.

(Ord. 636 (part), 1988)

The design review committee shall be responsible for the review of site plans, building plans and elevations, signage plans and landscape plans and other issues which may affect the development's conformance with the Design Standards and Architectural Guidelines of the downtown design implementation program. The adequacy of materials provided for committee review shall be determined by the planning director. The following plans shall be submitted to the planning director as part of the required application materials for plot plans, conditional use permits, public use permits, subdivisions or other plans which affect the appearance of the downtown area.

A.

Site Plans. Site plans shall be drawn to scale, showing the proposed layout of structures and other improvements including, where appropriate, driveways, pedestrian walkways, off-street parking and loading areas, landscape areas, fences and walls. Site plans shall also indicate ingress and egress and full width adjacent streets.

B.

Landscape Plan. A comprehensive landscape plan shall be drawn to scale, indicating the location and design of the landscape elements including biological and common names of each species and size to be planted, symbols on plan indicating planting type and size at maturity, mounding or berms and other landscaping features.

C.

Architectural drawings and Elevations. The required architectural drawings and elevations shall be drawn to scale and shall clearly illustrate the appearance of proposed new construction or renovations. Plans and drawings shall fully indicate types of exterior materials and finishes to be used. All elevations of buildings shall be shown in equally clear detail.

D.

Signage. All proposed signage, whether freestanding or mounted on existing or new structures, shall be shown in plans drawn to scale, indicating dimensions of the sign, its location on the site, height, materials and colors to be used and method of illumination.

E.

Additional Information. Additional materials, other than those listed in this section, may be required by the planning director for review by the design review committee.

(Ord. 636 (part), 1988)

Within thirty days from the finding of adequacy of the application materials by the planning director, the design review committee shall review an render a determination of adequacy of the proposed application, either approving design elements or returning plans and drawings to the applicant for modification. Failure on the part of the design review committee to conduct the design review within the thirty-day review period shall result in the approval of plans, drawings or elevation, unless a time extension has been requested by the applicant and approved by the planning director.

(Ord. 636 (part), 1988)

Within ten days from the date of determination by the design review committee, the applicant may file an appeal with the planning director to bring the matter before the redevelopment agency. The redevelopment agency shall hear the appeal within thirty days from the submittal of the appeal application and appropriate fee. Failure of the redevelopment agency to act within the prescribed time limit shall result in the automatic approval of submitted design materials, unless an extension of time is requested by the applicant.

(Ord. 636 (part), 1988)

This chapter includes proceedings to changes zones applicable to specific properties, to alter boundaries of zones, to add or remove uses permitted within zones, to add new regulations to this title or to modify or remove regulations from this title.

(Ord. 595 § 7.01(A), 1982)

When initiated by the city council, amendments to this title shall be processed in accordance with requirements of the California Planning and Zoning Law and the council's adopted procedures for enacting ordinances. In addition, a change of the zone applicable to specific properties or an alteration of zone boundaries may be initiated by parties other than the city council in accordance with the procedures detailed in the following sections and requirements of the California Planning and Zoning Law. The provisions of this title shall prevail when more restrictive than the state law.

(Ord. 595 § 7.01(B), 1982)

An application for a change of zone may be filed with the planning director by the owners or the authorized agent of the owners of the parcels of property for which a change of zone is sought. The application shall contain the following information:

A.

Name and address of applicant;

B.

Address and legal description of the property;

C.

A statement and maps, site plans, charts, diagrams, renderings and other data or exhibits which clearly define the use to be made of the property and its relationship to adjacent properties;

D.

Maps showing all properties, public and private streets, alleys and pertinent easements within three hundred feet of the property described in the application;

E.

Such additional information as the planning director may require.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 7.01(C), 1982)

A fee shall accompany the application in an amount established by resolution of the city council.

(Ord. 595 § 7.01(D), 1982)

The planning director shall review applications for zone change and:

A.

Advise the city council when a hearing is required; and

B.

Prepare a report to the city council of his finding and recommendations.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 7.01(E), 1982)

The city council shall schedule and hold two public hearings prior to making its decision and may, at its own discretion, continue the hearings or schedule and hold additional hearings. Hearings shall be set and notice given as provided in Section 17.74.010.

(Ord. 595 § 7.01(F), 1982)

Within sixty days of the close of scheduled public hearings, the council shall either enact an ordinance amending this title or deny the application. Amendments enacted may encompass any boundary changes or application of zones appearing in the advertisement of hearing and discussed at the hearing.

(Ord. 595 § 7.01(G), 1982)

Following denial of a change of zone applicable to properties or an alteration of zone boundaries, no application for the same or substantially the same change on the same or substantially the same site shall be filed within one year from the date of denial.

(Ord. 595 § 7.01(H), 1982)

Certain uses of land, structures and buildings possess characteristics which, if not specifically regulated, could be detrimental to adjacent properties or to the general welfare of the city, yet should logically be located in certain zoned districts, or in the city without regard to zone district classification. Such uses would serve the general welfare and not be detrimental to adjacent properties if subject to conditions designed to minimize the adverse effects at specific sites. A conditional use permit, approved by the city council, is required for the location and operation of such uses. All uses subject to conditional use permits are identified in this title together with the zone or zones within which such permit is required.

(Ord. 595 § 7.02(A), 1982)

A conditional use permit application may be initiated by the city council or by the owners or the authorized agent of the owners of the parcels of property for which a conditional use is sought.

(Ord. 595 § 7.02(B), 1982)

Single-family residential units may be permitted in I-S or C-G zones with a conditional use permit using the procedures of this title with the additional provisions.

A.

The following findings must be made:

1.

The proposed dwelling is in character with the existing neighborhood;

2.

The proposed dwelling is in an area where adjacent land uses are residential;

3.

The proposed dwelling does not conflict with the permitted uses of the zone in regards to access and traffic generation.

B.

The conditions of approval shall include:

1.

A statement of the potential conflicts that may arise due to the issuance of the conditional use permit;

2.

A statement of nonliability for conflicts arising due to the conflict of uses in the zone.

C.

Conditional use permits may be issued to existing dwellings in the above zones to allow renovations under the above provisions.

(Ord. 690 § 2, 1992)

The application of an owner or his authorized agent for a conditional use permit shall be filed with the planning director and shall contain the following information:

A.

Name and address of applicant;

B.

Address and legal description of the property;

C.

A statement and maps, site plans, charts, diagrams, renderings and other data or exhibits which clearly define the use to be made of the property and its relationship to adjacent properties;

D.

Two maps showing all properties, public and private streets, alleys and pertinent easements within three hundred feet of the property described in the application;

E.

Such additional information as the planning director may require.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 7.02 (B), 1982)

A fee shall accompany the application for a conditional use permit in an amount established by resolution of the city council.

(Ord. 595 § 7.02(C), 1982)

The planning director shall review applications for conditional use permits and:

A.

Advise the city council when a hearing is required; and

B.

Prepare a report to the city council of his finding and recommendations.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 7.02(D), 1982)

The city council shall schedule and hold one public hearing prior to making its decision and may, at its own discretion, continue the hearing or schedule and hold additional hearings. Hearings shall be set and notice given as prescribed in Section 17.74.010.

(Ord. 595 § 7.02(E), 1982)

A.

Within thirty days following closure of the scheduled public hearing or hearings, the city council shall grant with appropriate conditions or deny the application.

B.

Before final approval of a conditional use permit, the council shall make the following findings:

1.

That the proposed location of the conditional use is in accord with the objectives of this title and the purposes of the zone in which the site is located;

2.

That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.

(Ord. 595 § 7.02(F), 1982)

Following the denial of a conditional use permit application or the revocation of a conditional use permit, no application for a conditional use permit for the same or substantially the same conditional use on the same or substantially the same site shall be filed within one year from the date of denial or revocation of the permit.

(Ord. 595 § 7.02(G), 1982)

A conditional use legally established prior to the effective date of the ordinance codified in this title or prior to the effective date of subsequent amendments to the regulations or zone boundaries of this title shall be permitted to continue, provided that it is operated and maintained in accord with the conditions prescribed at the time of its establishment, if any.

(Ord. 595 § 7.02(H), 1982)

A conditional use permit granted pursuant to the provisions of this title shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the conditional use permit application.

(Ord. 595 § 7.02(I), 1982)

A conditional use permit issued under the terms of this title shall lapse if no improvements to the real estate concerned have been made, and the holder of the permit shall not have utilized it within one year from the date upon which such permit shall have been granted unless by conditions of the permit a greater time is allowed.

(Ord. 595 § 7.02(J), 1982)

A conditional use permit may be suspended and subsequently revoked in accordance with procedures established in Chapter 17.74.

(Ord. 595 § 7.02(K), 1982)

"Large family day care home" means a detached, single-family dwelling which provides family day care for seven to fourteen children, inclusive, including children under the age ten years who reside at the home as defined in Section 1596.78 of the California Health and Safety Code and as permitted by the licensing agency.

(Ord. 774 § 1 (part),2001)

(Ord. 774 § 1 (part), 2001)

A fee of two hundred fifty dollars for large family day care homes is required.

(Ord. 774 § 1 (part), 2001)

A.

The applicant shall obtain all licenses and permits required by State law for operation of the facility and shall keep all State licenses or permits valid and current. If the license is revoked for any reason, the applicant shall immediately notify the planning department.

B.

Applicants who reside on rented or leased property shall provide proof of written notice to the landlord or owner of the property that they intend to operate a family day care home on the rented or leased premises in accord with Section 1597.40(d) of the California Health and Safety Code.

C.

Use of a single-family dwelling for the purposes of a large family day care home shall not constitute a change of occupancy or use. Therefore, the facility shall comply with all zoning standards applicable to other single-family residences.

D.

The facility is the residence of the provider and the use is clearly incidental and secondary to the use of the property for residential purposes.

E.

No structural changes are proposed which will alter the character of the single-family or multi-family residence.

F.

The facility shall comply with all standards relating to fire and life safety applicable to single-family residences established by the State Fire Marshal contained in Title 24 of the California Code of Regulations as amended from time to time.

G.

The subject site shall not be located closer than one thousand two hundred lineal feet from any other large family day care home on the same street.

H.

An outdoor play area which satisfies the requirements of the state, community care licensing division shall be provided in the rear yard and shall be enclosed by a natural barrier, wall, solid fence or other solid structure a minimum of five feet in height. The provider shall comply with all adopted and/or future noise ordinances and policies.

I.

All outdoor play areas shall be adequately separated from vehicular circulation and parking areas by a strong fence such as chain link, wood or masonry.

J.

Required garages shall be prohibited for use as a family day care home and shall be utilized for parking two of the applicant's onsite vehicles during the daily operation of the day care home rather than parking the vehicles on the street or in the driveway.

K.

The applicant shall designate the onsite driveway as the official drop-off and pick-up area for children and shall notify parents of this requirement. The driveway shall remain free and clear of parked cars.

L.

The applicant shall require that employees park in locations which will not inconvenience nearby residents. To disrupt the neighborhood as little as possible, best efforts shall be made by the applicant to require employees to park as close as possible to the family day care home.

M.

Proof of notification (by the applicant) of all property owners and/or occupants within one hundred feet of the subject property shall be provided. Please attach proof of notification (i.e. registered mail receipts or occupant's signature confirming receipt of letter).

N.

Large family day care home providers shall make a written application to the zoning administrator and shall include all materials deemed necessary by the zoning administrator to show that the requirements of this section are met. The zoning administrator shall grant the permit without a hearing if all the requirements of this section are satisfied. The decision of the zoning administrator shall be made within fifteen working days of the receipt of a complete application and provided to the applicant in writing. The decision of the zoning administrator may be appealed to the planning commission within ten days of the date of the notification by the zoning administrator. Any appeal shall be filed in accordance to the procedures set forth in Section 17.62.020C1a of this title; the appellant shall pay the fee applicable to single-family dwellings.

(Ord. 774 § 1 (part), 2001)

The ordinance codified in this chapter shall go into effect and be in full force and operation from and after thirty days after its final passage and adoption.

(Ord. 774 § 1 (part), 2001)

At least two days prior to its final adoption, copies of the ordinance codified in this chapter shall be posted in at least three prominent and distinct locations in the city; and a notice shall be published once in the Palo Verde Valley Times, the official newspaper of the city of Blythe, setting forth the title of this ordinance, the date of its introduction and the places where this ordinance is posted.

(Ord. 774 § 1 (part), 2001)

A variance is a modification of a regulation contained in this title which may be granted only when it can be found that:

A.

Because of special circumstances applicable to a property, including size, shape, topography, location or surroundings, strict application of a regulation contained in this title deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification;

B.

The conditions under which the variance is to be granted will assure that the authorized modification of regulations shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated;

C.

The variance does not authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the property.

(Ord. 595 § 7.03(A), 1982)

The city council may initiate a variance which thereafter shall be processed in accordance with the procedures to be followed by the planning director and the city council as set forth in the following sections of this chapter. An application for a variance may be filed with the planning director by the owners or the authorized agent of the owners of such property and processed in accordance with the requirements of this chapter.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 7.03(B), 1982)

An application for a variance shall be filed with the planning director by the owners or the authorized agent of the owners of the parcels of property for which the variance is sought. The application shall contain the following information:

A.

Name and address of applicant;

B.

Address and legal description of the property;

C.

A statement and maps, site plans, charts, diagrams, renderings and other data or exhibits which clearly define the use to be made of the property and its relationship to adjacent properties;

D.

Two maps showing all properties, public and private streets, alleys and pertinent easements within three hundred feet of the property described in the application;

E.

Such additional information as the planning director may require.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 7.03(C), 1982)

A fee shall accompany the application for a variance in an amount established by resolution of the city council.

(Ord. 595 § 7.03(D), 1982)

The planning director shall review all variance applications and determine whether each is a major or minor variance within the meaning of Sections 17.70.060 and 17.70.070 and shall process each in accordance with his determination.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 7.03(E), 1982)

The planning director shall give notice of a filing for a minor variance in the same manner as specified for hearings before the city council in Section 17.74.010. Notice shall specify that the planning director will receive comments in writing for or against the variance for a period of ten days subsequent to publication or placement of the notice, after which time he will render his decision.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 7.03(F), 1982)

The planning director, after giving notice as required in Section 17.70.060 and after making the findings specified in Section 17.70.010, may grant the following variances:

A.

Front, side and rear yard setbacks: Side yards may be varied only to three feet unless meeting conditions for zero side yards specified in Chapter 17.10;

B.

Lot width: up to ten percent of required width;

C.

Allowance of the use of common recreation space as a substitute for private space;

D.

Variances pertaining to fences, hedges and walls;

E.

Building height affecting architectural features, signs and tower appropriate to the use of the premises and solar energy features;

F.

The planning director may grant a variance to the setback regulations applicable in zones R-E, R-L-1 and R-L-2 by increasing or diminishing required side and rear setbacks up to forty percent, provided that square footage of buildable area of the lot as determined by the setback provisions of Chapter 17.12 is not increased and provided that the ground floor area of all roofed structures, both main and accessory, constitute less than forty percent of the lot area. Variances meeting these standards are declared to be consistent with the finding required under Section 17.70.010.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 7.03(G), 1982)

The planning director may, on his own initiative, or shall, upon receipt in writing of a request for a hearing before the city council and payment of an appeal fee as prescribed by the city council by resolution, continue to process a minor variance in accordance with procedures for a major variance.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 7.03(H), 1982)

The planning director shall review all applications he determines to be major variances and all appeals of his decisions on minor variances and:

A.

Advise the city council of the need for a public hearing; and

B.

Report to the city council his findings and recommendations.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 7.03(I), 1982)

The city council shall schedule and hold one public hearing prior to making its decision and may, at its own discretion, continue the hearing or schedule and hold additional hearings. Hearings shall be set and notice given as prescribed in Section 17.74.010.

(Ord. 595 § 7.03(J), 1982)

Within thirty days following closure of the scheduled public hearing or hearings, the city council shall grant with appropriate conditions or deny the application. Before final approval of a variance, the city council shall make the findings defined in Section 17.70.010.

(Ord. 595 § 7.03(K), 1982)

Following the denial of a variance application or the revocation of a variance, no application for a variance for the same or substantially the same variance on the same or substantially the same site shall be filed within one year from the date of denial or revocation of the variance.

(Ord. 595 § 7.03(L), 1982)

A variance granted pursuant to the provisions of this title shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the variance application.

(Ord. 595 § 7.03(M), 1982)

An approved variance shall lapse if no action has been taken under it for a period of one year from the date of grant unless a greater time is allowed in the conditions of grant.

(Ord. 595 § 7.03 (N), 1982)

A variance may be suspended and subsequently revoked in accordance with procedures established in Chapter 17.74.

(Ord. 595 § 7.03(O), 1982)

A temporary use permit application may be initiated by the planning director, or by the owners or the authorized agent of the owners of parcels of property on which the temporary use is to be located. When initiated by the director of public works, the planning director shall process the permit in accordance with the provisions of this chapter. Other parties shall file an application as required by Section 17.72.030.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 7.04(A) (part), 1982)

A temporary use permit is required for the following uses:

A.

Temporary display and sales of art work;

B.

Christmas tree sales;

C.

Carnivals, circuses, special events of not over seventy-two consecutive hours;

D.

Garage or yard sales subject to the limitation of Chapter 17.58;

E.

Parking and temporary moving of construction equipment;

F.

Storage of materials incidental to the carrying on of a public works project, subdivision or other construction project;

G.

Real estate sales office or a development site;

H.

Garage or shed on development site;

I.

Model homes, model home sales offices;

J.

Such other uses as the planning director may consider to be within the intent and purposes of this chapter.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 7.04(A) (part), 1982)

An application for a temporary use permit shall be filed with the planning director by the owners or the authorized agent of owners of the parcels of property for which the permit is sought. The permit shall contain the following information:

A.

Name and address of applicant;

B.

Address and legal description of the property;

C.

A statement and maps, site plans, charts, diagrams, renderings and other data or exhibits which clearly define the use to be made of the property and its relationship to adjacent properties;

D.

Two maps showing all properties, public and private streets, alleys and pertinent easements within three hundred feet of the property described in the application. This requirement may be waived by the director of public works;

E.

Statement of the date and time the use is to cease;

F.

Such additional information as the planning director may require.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 7.04(B), 1982)

A fee shall accompany the application in an amount to be established by resolution of the city council. In addition, the director may require a deposit not to exceed one hundred percent of the fee. The deposit is to be refunded to the applicant upon determination by the planning director within fifteen days after the use is scheduled to cease that the property has been restored to a clean, sanitary and usable condition.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 7.04(C), 1982)

The planning director may grant permits for temporary use of thirty days or less upon a finding that the use, under conditions imposed, will not have a significant adverse impact on adjacent properties and the community.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 7.04(D), 1982)

A.

The planning director may grant a temporary use for thirty to one hundred eighty days upon a finding that the use will not, under conditions imposed, have a significant adverse impact on adjacent properties or the community.

B.

A permit for use for thirty-one to one hundred eighty days shall be processed as if it were a minor variance.

C.

A permit processed under this section may be extended by the planning director for an additional one hundred eighty days and subsequently, by the city council, for one year.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 7.04(E), 1982)

When public hearings are required by this title and reference is made to this section, such notice shall be given by:

A.

Publication at least once in a newspaper of general circulation within the city not less than ten days before the date of a scheduled public hearing. Such notice shall state the nature of the matter to be heard, the location of the property involved, and the time and place of the hearing; and

B.

Posting of notices of such hearing at a distance not more than one hundred feet apart along both sides of each and every street upon which the property abuts for a distance of not less than three hundred feet from the boundaries of the property. The nature of the proposed action shall be printed in plain type with letters not less than one inch in height and in addition in smaller type a statement describing the property involved and the character of the proposed action.

(Ord. 595 § 7.05, 1982)

Failure to comply with the provisions of this title or with the conditions which are a part of an approved permit or variance are cause for suspension and revocation of a permit or variance granted under terms of this title.

(Ord. 595 § 7.06(A), 1982)

The planning director may suspend a permit or variance for ninety days for failure to comply with the provisions of this title or the conditions which are a part of an approved permit or variance. The planning director shall notify the city council of his determination of noncompliance if such noncompliance has not been corrected at the end of sixty days following notice of violation having been given to the owners of the parcels of property which are in noncompliance. Thereafter, the city council may extend the suspension of the permit or variance for an additional one hundred eighty days and may initiate procedures to revoke the permit. Procedures to revoke a permit or variance shall be the same as those for granting the permit or variance.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 7.06(B), 1982)

The planning director shall interpret the provisions of this title and, when requested by persons who believe they may be injured by an interpretation, shall prepare a written statement of such interpretation.

(Ord. 630 § 2, 1987: Ord. 595 § 7.07(A) (part), 1982)

Upon payment of an appeal fee established by resolution of the city council, a person who asserts that he may be injured by an interpretation of the provisions of this title by the planning director may file with the planning director a request for review by the planning commission. The director shall submit to the planning commission within thirty days the request for review and his report containing his interpretation, together with such supporting data as he may deem necessary. The planning commission shall act on the request for review within thirty days of receipt of the request for review.

(Ord. 789 § 1 (part), 2004: Ord. 630 § 3 (part), 1987; Ord. 595 § 7.07 (A) (part), 1982)

No building or structure, or part thereof, shall be erected after the effective date of the ordinance codified in this title unless a building permit has been issued for such work. No building permit shall be issued for the erection or use of any building or structure or part thereof, or for the use of any land, which is not in accordance with all the provisions of this title.

(Ord. 595 § 8.01, 1982)

A.

All applications for building permits shall be accompanied by a site plan drawn to scale, showing the actual dimensions of the lot to be built upon, the location, height and area of the building to be erected and such other information as may be necessary for the enforcement of this title.

B.

Where a building is to be erected in any district and the proposed front yard is less than the prescribed minimum for the district in which the building is to be erected and when such minimum front yard is permitted to be reduced as hereinbefore specified, the site plan shall include the premises on both sides in the same block on which the premises' buildings have already been erected, together with the location of such buildings.

(Ord. 595 § 8.02, 1982)

A.

No building erected, moved, enlarged or altered shall be occupied, used or changed in use until a certificate of occupancy has been issued by the director of public works. Such certificate shall be applied for coincidentally with the application for a building permit and shall be issued only after such building, erection, enlargement or alteration has been completed in conformity with the provisions of this title and when the proposed use conforms thereto. Any use legally occupying an existing building at the time the ordinance codified in this chapter became effective may be continued but shall not be changed unless a certificate of occupancy for the new use has been issued by the director of public works, after finding that such use conforms with the provisions of this title and applicable ordinances.

B.

A certificate of occupancy shall also be applied for before any vacant land is used or before an existing use of vacant land is changed after the effective date of the ordinance codified in this chapter. No certificate of occupancy shall be required where the land is to be used for tilling the soil and the growing of farm, garden or orchard products.

(Ord. 595 § 8.03 (part), 1982)

A.

The certificate of occupancy shall state that the building or proposed use of a building or land complies with all the laws and ordinances and with the provisions of this title.

B.

A record of all certificates shall be kept on file by the director of public works and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building or land affected.

(Ord. 595 § 8.03 (part), 1982)

A.

Any building or structure erected or maintained and/or any use of property contrary to the provisions of this title is unlawful and a public nuisance and the city attorney shall, upon order of the city council, immediately commence action or proceedings for the abatement, removal and enjoinment thereof in the manner provided by law and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such building, structure or use and restrain and enjoin any person from setting up, erecting or maintaining such building or structure, or using any property contrary to the provisions of this title.

B.

It shall be the right and duty of every citizen to participate and assist the city officials in the enforcement of this title.

(Ord. 595 § 8.04, 1982)

Any person violating, or anyone acting in behalf of a person violating, any of the provisions of this title shall, upon conviction thereof, be subject to a fine or imprisonment or both such fine and imprisonment to the maximum penalty permitted by the law of the state for a misdemeanor. Each day that a violation of this title is continued or permitted to exist without compliance shall constitute a separate offense punishable upon conviction in the manner prescribed in this section.

(Ord. 595 § 8.05, 1982)

This chapter provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act (the Acts) in the application of zoning laws and other land use regulations, policies and procedures.

(Ord. No. 862, § 9, 10-8-13)

A.

A request for reasonable accommodation may be made by any person with a disability, their representative or any entity, when the application of a requirement of this zoning ordinance or other city requirement, policy or practice acts as a barrier to fair housing opportunities. A person with a disability is a person who has a physical or developmental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment. This chapter is intended to apply to those persons who are defined as disabled under the Acts.

B.

A request for reasonable accommodation may include a modification or exception to the rules, standards and practices for the siting, development and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.

C.

A reasonable accommodation is granted to the household that needs the accommodation and does not apply to successors in interest to the property.

D.

A reasonable accommodation may be granted in compliance with this chapter without the need for the approval of a variance.

E.

Requests for reasonable accommodation shall be made in the manner prescribed by Section 17.84.030 of this chapter.

(Ord. No. 862, § 9, 10-8-13)

A.

Application. Requests for reasonable accommodation shall be submitted on an application form provided by the development services department, or in the form of a letter, to the city planner and shall contain the following information:

1.

The applicant's name, address and telephone number;

2.

Address of the property for which the request is being made;

3.

The current actual use of the property;

4.

The basis for the claim that the individual is considered disabled under the Acts;

5.

The zoning ordinance provision, regulation or policy from which reasonable accommodation is being requested; and

6.

Why the reasonable accommodation is necessary to make the specific property accessible to the individual.

B.

Review with Other Land Use Applications. If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (e.g., conditional use permit, design review, etc.), then the applicant shall file the application for discretionary approval together with the information required by subsection A above for concurrent review.

(Ord. No. 862, § 9, 10-8-13)

A.

City Planner. Requests for reasonable accommodation shall be reviewed by the city planner, or his/her designee if no approval is sought other than the request for reasonable accommodation.

B.

Other Review Authority. Requests for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authority responsible for reviewing the discretionary land use application.

(Ord. No. 862, § 9, 10-8-13)

A.

City Planner Review. The city planner, or his/her designee, shall make a written determination within forty-five days and either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with Section 17.84.060 (Findings and decision).

B.

Other Review Authority. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the authority responsible for reviewing the discretionary land use application in compliance with the applicable review procedure for the discretionary review. The written determination to grant or deny the request for reasonable accommodation shall be made in accordance with Section 17.84.060 (Findings and decision).

(Ord. No. 862, § 9, 10-8-13)

The written decision to grant or deny a request for reasonable accommodation will be consistent with the Acts and shall be based on consideration of the following factors:

A.

Whether the housing, which is the subject of the request, will be used by an individual disabled under the Acts;

B.

Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts;

C.

Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the city;

D.

Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a city program or law, including but not limited to land use and zoning;

E.

Potential impact on surrounding uses;

F.

Physical attributes of the property and structures; and

G.

Alternative reasonable accommodations that may provide an equivalent level of benefit.

(Ord. No. 862, § 9, 10-8-13)

In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by Section 17.84.060. The conditions shall also state whether the accommodation granted shall be rescinded in the event that the person for whom the accommodation was requested no longer resides on the property.

(Ord. No. 862, § 9, 10-8-13)