This section describes zoning permits and the process to review and approve or deny permit applications. The review authority for each permit is identified in Table 44-1.70-1. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.80.010 Site Plan Review.

The purpose of the site plan review process is to ensure compliance with applicable provisions of this chapter. Site plan review is required for all permitted uses identified in Article 44-2 that require a building permit.

A. Approvals. The Administrator is the designated approving authority for site plan review. Site plan approval is required prior to issuance of any ministerial building permits or site improvement plans and prior to or in conjunction with discretionary action of corresponding development applications (e.g., conditional use permit, variance).

B. Procedure. Site plan review is a ministerial approval. The procedures for site plan review shall be performed prior to issuance of building permit. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.80.020 Administrative Permit.

An administrative permit is a ministerial zoning action that is subject to specific zoning code standards. An administrative permit is required in cases where limited review of a proposed structure or use through the site plan review process is necessary to verify compliance with established standards. The administrative permit shall also be used to establish the legal nonconforming status of a use or structure in compliance with Section 44-1.120 (Nonconforming Uses).

A. Timing. Where Article 44-2 (Zoning Classifications, Allowed Uses, and Development Standards) of this zoning code requires an administrative permit as a prerequisite to establishing a land use, the administrative permit shall be required at the time of Department review of any building, grading, or other construction permit, or other authorization required by this zoning code for the proposed use.

B. Procedure and CEQA. The procedure shall be staff-level without public notice. The issuance of an administrative permit shall be a ministerial project pursuant to CEQA, and shall not be subject to CEQA review.

C. Findings for Approval. When issuing an administrative permit, the Zoning Administrator must find that:

1. The project is consistent with the General Plan, in compliance with the applicable provisions, standards or requirements of this Chapter, any applicable specific plans, or any other regulations adopted by the County through ordinance or resolution; and

2. The project is in compliance with requirements and conditions of previously approved entitlements, such as use permits, or variances, if applicable. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.80.030 Use Permits.

A use or minor use permit is required for uses that are generally appropriate within a zone but due to their nature require site-specific review and consideration of site design to ensure compatibility with surrounding areas and uses. A use or minor use permit is a discretionary action that enables the County to ensure that a proposed use is consistent with all General Plan goals and policies and will not create negative impacts to adjacent properties or the general public. A use or minor use permit is required for all uses specifically identified as requiring a use permit in Article 44-2 (Zoning Classifications, Allowable Land Uses, and Development Standards) and Article 44-4 (Special Use Regulations) of this chapter.

A. Minor Use Permit Findings. Minor use permits provide for a review of minor projects or uses that are allowed, but do not meet the standards for administrative review. Unless the Administrator makes the following findings, the project will be processed as a use permit in compliance with this article:

1. The project incorporates design standards that are capable of mitigating potentially significant environmental impacts to a level less than significant; and

2. The project is planned for immediate development and does not include a phased development.

B. Use Permit Findings. Use permits are discretionary and shall be granted only when the review authority determines that the proposed use or activity complies with all of the following findings:

1. The proposed use is consistent with the General Plan and all applicable provisions of this title.

2. The establishment, maintenance or operation of the use applied for will not, under the circumstances of the particular case (location, size, design, and operating characteristics), be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the area of such use.

A. Conditions. The following standard conditions shall apply to all minor use permits and use permits:

1. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of this Use Permit, constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Colusa County zoning code, including Section 44-1.90.090.

2. Unless otherwise provided for in a special condition to this Use Permit, all conditions must be completed prior to or concurrently with the establishment of the granted use.

3.  changes may be approved administratively by the Directors of Planning and Building (Zoning Administrator), Environmental Health, or Public Works or their respective designee upon receipt of a substantiated written request by the applicant. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application or amendment.

4. The use granted by this permit must be established within two years of the delivery of the countersigned permit to the Permittee. If any use for which a Use Permit has been granted is not established within two years of the date of receipt of the countersigned permit by the Permittee, the permit shall become null and void and re-application and a new permit shall be required to establish the use.

5. The terms and conditions of this permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors and assigns of the Permittee.

The review authority may require additional conditions, or remove conditions recommended by staff, to ensure conformance with this chapter and/or to protect public health and safety, including conditions related to:

1. Requirements for vehicular ingress/egress and corresponding traffic safety provisions, parking requirements and facilities, and hours of operation.

2. Regulation of public nuisance factors (e.g., light glare, noise, vibration, smoke, dust, dirt, odors, gases, and heat).

3. Regulation of maintenance and site restoration during and after termination of the use permit. A bond or other form of security acceptable to the review authority may be required prior to the initiation of the use to ensure cleanup after the use is finished. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.80.040 Temporary Use Permit.

The purpose of a temporary use permit is to allow uses of a temporary nature on private property to exist for a specified length of time, in a manner which will not adversely impact the general welfare of persons residing in the community. A temporary use permit is required prior to the construction or operation of any facilities or uses associated with any activity that requires authorization of a temporary use permit. Also see temporary use provisions in Article 44-4.80 (Temporary Uses).

A. Findings. A temporary use permit shall be granted only when the designated review authority finds that the proposed activity complies with all of the following criteria:

1. The establishment, maintenance or operation of the temporary use will not be detrimental to the public health, safety or welfare of the persons residing or working in the neighborhood or vicinity of the proposed use (e.g., excessive dust, noise, light, odor, or other objectionable characteristics).

2. The temporary use is in conformance with applicable provisions of this chapter and other regulations of the County, including but not limited to fire access and prevention, security provisions, and access to necessary water and sewer services.

3.  for removal of the use and site restoration have been required.

B. Conditions. The following standard conditions shall apply to all Temporary Use Permits:

1. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of this temporary use permit, constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Colusa County zoning code, including Section 44-1.90.090.

2. Unless otherwise provided for in a special condition to this Temporary Use Permit, all conditions must be completed prior to or concurrently with the establishment of the granted use.

3. Minor changes may be approved administratively by the Directors of Planning and Building (Zoning Administrator), Environmental Health, or Public Works or their respective designee upon receipt of a substantiated written request by the applicant. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application or amendment.

4. The terms and conditions of this permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors and assigns of the Permittee.

The review authority may require additional conditions to ensure conformance with this chapter and/or to protect public health and safety, including conditions related to:

1. Requirements for vehicular ingress/egress and corresponding traffic safety provisions, parking requirements and facilities, and hours of operation.

2. Regulation of public nuisance factors (e.g., light glare, noise, vibration, smoke, dust, dirt, odors, gases, and heat).

3. Regulation of maintenance and site restoration during and after termination of the temporary use or expiration of the temporary use permit. A bond or other form of security acceptable to the review authority may be required prior to the initiation of the use to ensure cleanup after the use is finished. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.80.050 Variance.

In accordance with Section 65906 of the California Government Code, a variance request allows the County to grant exception to the development standards and provisions of this chapter in cases where, because of special circumstances applicable to the property, the strict application of this chapter deprives such property of privileges enjoyed by other property in the vicinity and under identical land use zoning classifications. A variance approval is required to grant exception from any of the development standards and provisions of this chapter. Variance applications may not be granted for uses or activities not otherwise permitted by zoning classification regulations.

A. Findings. The review authority may approve and/or modify any variance application in whole or in part, with or without conditions, only if the applicant can demonstrate that the circumstances of their particular case can justify making all of the following findings:

1. That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, such that the strict application of this title deprives such property of privileges enjoyed by other property in the vicinity and under identical land use zoning classifications.

2. That granting the variance does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and zoning classification in which such property is located.

3. That granting the variance will not adversely affect the interests of the public or the interests of residents and property owners in the vicinity of the premises in question.

4. That granting the variance is consistent with the objectives of the General Plan and this chapter.

B. Conditions. The review authority may require conditions for the variance to ensure compliance with this section and other applicable provisions of this chapter. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.80.060 Minor Variance.

The Zoning Administrator may grant a minor variance from the standards set forth in this Title of up to the limits set forth in the applicable sections, or 25 percent of the area or dimension, whichever is greater, subject to the following procedures:

1. After submittal of a complete application, the Department shall notify property owners within 300 feet of the project by mail of the proposed request;

2. A period of 10 days shall be provided to the adjacent property owners to comment on the proposed request;

3. If an objection is received during the comment period, the Zoning Administrator shall not approve the proposed request, and elevate the review to the Commission. The Administrator may also, at his or her discretion, elevate the review to the Commission regardless of whether an objection is received.

4. If an objection is not received during the comment period, prior to approval of the minor variance the Zoning Administrator must make all of the following findings:

a. The proposed waiver or relief does not exceed the limits set forth in this article;

b. There are no objections from any adjacent property owner; and

c. The proposed waiver or relief will not be detrimental to the public health, safety, and welfare. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.80.070 Reasonable Accommodation.

This article 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, building regulations, and other land use regulations, policies and procedures.

A. Applicability. A request for reasonable accommodation may be made by any person with a disability, their representative or any entity, when the application of a zoning law, building regulation, or other land use regulation, policy or practice acts as a barrier to fair housing opportunities. A person with a disability is a person who has a physical or mental 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 article is intended to apply to those persons who are defined as disabled under the Acts.

A request for reasonable accommodation may include a modification or exception to the rules, standards and practices for the siting, development, improvement, 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. Requests for reasonable accommodation shall be made in the manner prescribed by Paragraph B - Application Requirements.

B. Application Requirements. Requests for reasonable accommodation shall be submitted on an application form provided by the Department of Planning and Building, or in the form of a letter, to the Director of Planning and Building 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 County Code provision, zoning code provision, or other regulation or policy from which reasonable accommodation is being requested.

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

If the project for which the request for reasonable accommodation is being made also requires some other approval or permit (including but not limited to: administrative permit, use permit, development plan review, general plan amendment, zone change, etc.), then the applicant shall file the information required by Paragraph B for concurrent review with the application for discretionary approval.

C. Review Procedure.

1. Director Review. The Director, or his designee, shall make a written determination within 30 days and either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with Section 44-1.80.080 (Decisions and Conditions of Approval).

2. Other Reviewing 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 Paragraph D (Findings and Decision) of this section.

3. Additional Information. If necessary to reach a determination on the request for reasonable accommodation, the reviewing authority may request further information from the applicant consistent with the Acts, specifying in detail the information that is required. In the event that a request for additional information is made, the thirty day period to issue a decision is stayed until the applicant responds to the request.

D. Findings and Decision.

1. Findings. 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 structure or use that is the subject of the request will be used by an individual with a disability protected 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 result in an undue financial or administrative burden on the County.

d. Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a County 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.

g. Alternative reasonable accommodations which may provide an equivalent level of benefit.

2. Conditions. In granting a request for reasonable accommodation, the reviewing authority may require any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by Paragraph (1) above. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.80.080 Appeals.

Any decision by the Director, Zoning Administrator, or Commission may be appealed by the applicant or any other affected party as described below.

A. Eligibility.

1. An appeal may be filed by any person affected by an administrative determination or action by the Director or Zoning Administrator, as described in this article;

2. In the case of a decision with public notice and/or hearing decision described in this article, an appeal may be filed by anyone who, in person or through a representative, presented testimony at a public hearing in connection with the decision being appealed, or who otherwise informed the County in writing of the nature of their concerns before the hearing or determination.

B. Filing. An appeal must be filed within 10 days from the decision by the review authority by submitting an appeals request in writing together with the applicable fee to the Board Clerk. The appellant shall clearly identify in the appeal documentation the specific reasons for the appeal and the relief requested.

C. Scope. The appeal of a decision made by a review authority at a noticed public hearing may be as to the whole decision or only a part of the decision. If an appellant chooses, an appeal may be taken solely from a finding, action, or condition.

D. Consideration. The hearing body for the appeal shall consider all issues raised by the appellant and may consider other relevant issues related to the project being appealed. The hearing body for the appeal shall be as follows:

1. All decisions of the Director are appealable to the Commission and then to the Board.

2. All decisions of the Zoning Administrator are appealable to the Commission and then to the Board.

3. All decisions of the Commission are appealable to the Board.

4. All decisions of the Board are final.

E. Timing of Hearing. The hearing on an appeal shall be set no more than 45 days from receipt of a completed appeal form and fee. If the Commission or Board meeting is canceled for any reason on the date on which the appeal would normally be heard, the appeal shall be heard on the first available regularly-scheduled meeting following the canceled meeting date. The 45-day time limitation may be extended by mutual consent of the appellant(s), the applicant, if different from the appellant, and the appeals body. Once the date and time for the hearing is established the hearing may be continued only by such mutual consent.

F. Withdrawal. In any appeal action brought in compliance with this Section, the appellant(s) may withdraw the appeal, with prejudice, at any time prior to the commencement of the public hearing. For the purposes of this Section, the public hearing shall be deemed commenced upon the taking of any evidence, including reports from staff.

G. Judicial Review. No person shall seek judicial review of a County decision on a planning permit or other matter in compliance with this chapter until all appeals to the Commission and Board have been first exhausted in compliance with this section.

H. Findings and Decision. The appeal body shall conduct a public hearing in compliance with Sections 44-1.70.060 (Public Notice) and 44-1.70.070 (Hearing Procedure).

1. When reviewing an appeal the review authority may consider any issue associated with the project, including the applicable environmental determination for which a decision is being appealed, in addition to the specific grounds for the appeal.

2. If new or different evidence is presented during the appeal hearing, the Commission or Board, may refer the matter back to the Director, Zoning Administrator, or Commission, as applicable, for a report on the new or different evidence prior to a final decision on the appeal.

3. Decision. After a public hearing, the appeal body may:

a. Approve, modify, or deny the appealed decision based on the record on appeal and the evidence received at the hearing on appeal; and

b. Adopt additional conditions of approval deemed reasonable and necessary. (Ord. No. 765 § 2 (Exh. A) (part))