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Brisbane City Zoning Code

CHAPTER 17

56 - ADMINISTRATION

17.56.010 - Zoning administrator—Function created.

There is created the function of zoning administrator which shall be carried out by the planning director.

(Ord. 253 § 15.1(A), 1984).

17.56.020 - Zoning administrator—Powers and duties.

The zoning administrator shall have all the powers and duties of a board of zoning adjustment as set forth in Section 65900 through 65909 of Article 3 of Chapter 4 of Title 7 of the Government Code of the state.

(Ord. 253 § 15.1(B), 1984).

17.56.030 - Zoning administrator—Action on applications.

A.

Except as otherwise provided in this chapter, the zoning administrator shall hear and decide the following:

1.

Applications for zoning conformance;

2.

Applications for variances;

3.

Applications for minor modifications;

4.

Applications for certain sign permits, in accordance with the provisions of Chapter 17.36 of this title;

5.

Applications for administrative permits for wireless telecommunication facilities, in accordance with the provisions of Section 17.32.032 of this title;

6.

Applications for administrative permits for solar energy systems, in accordance with the provisions of Section 17.32.060.C;

7.

Applications for accessibility improvement permits, in accordance with the provisions of Sections 17.32.060.D, 17.32.070.A.1.f and 17.32.080;

8.

Applications for large family day care homes, per State Health and Welfare Code Sections 1597.46(a)(3) and 1597.465; and

9.

Applications for amendments or modifications to a design permit, per Section 17.42.070.

10.

Applications for housing development permits, per Chapter 17.45.

B.

In connection with the applications provided for in this section, the zoning administrator shall have all the duties and responsibilities set forth in this title for the planning commission.

(Ord. 508 § 3, 2005; Ord. 417 § 8, 1997: Ord. 401 § 2, 1995: Ord. 253 § 15.1(C), 1984).

(Ord. No. 564, § 4, 10-3-11; Ord. No. 669, § 8, 5-19-22)

17.56.040 - Zoning administrator—Reporting decisions to planning commission.

All decisions of the zoning administrator, except decisions relating to the granting or denial of a sign permit pursuant to Chapter 17.36, shall be reported to the planning commission prior to the expiration of the appeal period. If any member of the planning commission desires to appeal the decision it shall be considered appealed and placed on the next commission agenda.

(Ord. 401 § 3, 1995: Ord. 298 § 15.1(F), 1984).

17.56.050 - Zoning administrator—Variances.

A.

The zoning administrator shall be governed by the provisions of this title in the granting of variances and shall grant the same only when making the findings required by the pertinent provisions of this title.

B.

The zoning administrator may refer any applications for a variance directly to the planning commission without holding a hearing or without making a decision thereon, and the planning commission shall then proceed to hear such applications as provided in this title.

(Ord. 417 § 9, 1997: Ord. 298 § 15.1(D), (E), 1984).

17.56.070 - Zoning administrator—Variance granting.

The zoning administrator shall use the procedure and make findings required by the provisions of Chapter 17.46 prior to granting a variance.

(Ord. 298 § 15.4, 1984).

17.56.080 - Zoning conformance.

Zoning conformance shall be determined in conjunction with and as a part of, building permits and shall be so indicated by the zoning administrator if it has been determined that any proposed construction is in conformity with the regulations for the district in which the construction is to be located. No building permit shall be issued until the zoning conformance portion thereof has been completed by the zoning administrator or his authorized representative.

(Ord. 298 § 15.2, 1984).

17.56.090 - Minor modifications.

A.

Defined. For the purpose of this section, "minor modifications" means:

1.

A maximum of twenty percent (20%) reduction in lot area, building coverage and yard requirements;

2.

A maximum of twenty percent (20%) increase in the height limit in fence, wall and hedge requirements.

B.

Granting. The zoning administrator shall use the procedure and make the findings required by the provisions of Chapter 17.46 prior to granting a minor modification; provided, however, a public hearing shall not be required.

C.

Notices. Notice of approval of minor modifications approved by the zoning administrator shall be mailed to owners of property within seventy-five (75) feet of the exterior boundaries of the subject property. The property owners shall be informed of their right of appeal.

D.

Fees. Filing fees for minor modifications shall be as set by the city council.

(Ord. 298 § 15.5, 1984).

17.56.100 - Appeals.

A.

Appeals from the decision of the zoning administrator, except decisions related to housing development permits per Chapter 17.45 of this title, may be made to the planning commission within seven (7) days after the action of the zoning administrator. Upon receipt of an appeal, the zoning administrator shall forward the same, together with the records on the matter, to the planning commission. The secretary to the planning commission shall set the matter for hearing before the planning commission at the earliest available date and cause notice of such hearing to be given as set forth in Chapter 17.54. The planning commission shall consider the matter in the same manner as an application for a variance.

B.

Appeals from decisions of the zoning administrator related to housing development permits per Chapter 17.45 of this title shall be made to the city council within seven (7) days after the action of the zoning administrator and shall follow the procedure set forth in Chapter 17.52.

(Ord. 298 § 15.6, 1984).

(Ord. No. 669, § 8, 5-19-22)

17.56.110 - Variances—Effective date.

No variance granted by the zoning administrator shall have any force or effect until the applicant thereof actually receives such variance signed by the zoning administrator and designating thereon any conditions of its issuance that may have been imposed by the zoning administrator. No variance shall be issued until the time for filing an appeal from the decision of the zoning administrator has expired or, in the event of such appeal, until after a final decision has been rendered on the appeal by the planning commission, or by the city council in the event of a further appeal from the decision of the planning commission.

(Ord. 417 § 11, 1997: Ord. 298 § 15.7, 1984).