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Fountain Valley City Zoning Code

CHAPTER 21

06 DEVELOPMENT AND LAND USE APPROVAL REQUIREMENTS

§ 21.06.010 Purpose.

This chapter provides general requirements for the approval of proposed development and new land uses in the city. The land use permit requirements established by this title for specific land uses are in Chapters 21.08 through 21.14 of this title.
(Ord. 1308 § 5, 2000)

§ 21.06.020 General requirements for development and new land uses.

All uses of land and/or structures shall be established, constructed, reconstructed, altered or replaced, in compliance with the following requirements:
(1) 
Allowable Uses. The use of land shall be identified by Chapters 21.08 (Residential Zoning Districts), 21.10 (Commercial and Manufacturing Zoning Districts) or 21.12 (Special Purpose Zoning Districts) of this title, as being allowable in the zoning district applied to the site. The director may determine whether a particular land use is allowable, in compliance with subsection (f) of Section 21.02.020 (Rules of interpretation—Allowable uses of land) of this title.
(2) 
Permit/Approval Requirements. All land use permits or other approvals required by Section 21.06.030 (Allowable land uses and permit requirements) of this chapter shall be obtained by the applicant before the proposed use is constructed, established or put into operation, unless the proposed use is exempt as provided in Section 21.06.040 (Exemptions from development and land use approval requirements) of this chapter.
(3) 
Development Standards. The use of land and/or structure shall comply with all applicable requirements of this title, including the zoning district standards of Chapters 21.04 through 21.14 of this title, and the provisions of Chapters 21.16 through 21.30 of this title.
(4) 
Conditions of Approval. The use of land and/or structure shall comply with any applicable conditions imposed by any previously granted land use permit or other approval.
(5) 
Legal Parcel. The use of land and/or structure shall only be established on a parcel of land which has been legally created in compliance with the Subdivision Map Act and Chapters 21.32 through 21.50 of this title, as applicable at the time the parcel was created.
(6) 
Development Agreements. The use and/or structures shall comply with any applicable development agreement approved by the city in compliance with Chapter 21.38 (Development Agreements) of this title.
(Ord. 1308 § 5, 2000)

§ 21.06.030 Allowable land uses and permit requirements.

The uses of land allowed by this title in each zoning district are identified in Chapters 21.08, 21.10 and 21.12 of this title, together with the type of land use permit required for each use.
(1) 
Allowed Land Uses. Tables 2-2, 2-5 and 2-7 provide for land uses that are:
(A) 
Permitted subject to compliance with all applicable provisions of this title and any building permit or other permit required by this code. These are shown as "P" uses in the tables; or
(B) 
Allowed subject to the approval of a conditional use permit (Chapter 21.36), and shown as "CUP" uses in the tables;
(2) 
Multiple Uses on a Single Site. Where a proposed project includes multiple land uses, and Tables 2-2, 2-5 and 2-7 require different land use permits for some of the uses, the project shall be authorized through the approval of the permit requiring the highest level of review. (For example, a structure proposed in the C2 district with a convenience store on the first floor (CUP required) and offices on the second floor (permitted uses) shall be authorized through conditional use permit approval.)
(3) 
Uses Not Listed. Land uses that are not listed in Table 2-2, 2-5, 2-6 or 2-7, or are not shown in a particular zoning district are not allowed, except as otherwise provided by subsection (f) of Section 21.02.020 (Rules of interpretation—Allowable uses of land), or Section 21.06.040 (Exemptions from land use permit requirements) of this title.
(Ord. 1308 § 5, 2000; Ord. 1358 § 2, 2005)

§ 21.06.040 Exemptions from land use permit requirements.

The land use permit requirements of this title do not apply to the activities, uses of land and/or structures identified by this section.
(1) 
Governmental Facilities. Facilities of the city, state, federal government or special districts (e.g., school district, sanitation district) on land owned or leased by a governmental agency, for governmental operations, to the extent that the facilities are exempted by state or federal law.
(2) 
Interior Remodeling. Interior alterations that do not increase the number of rooms or the gross floor area within the structure, or change the approved use of the structure.
(3) 
Repairs and Maintenance. Ordinary repairs and maintenance, if:
(A) 
The work does not result in any change in the approved land use of the site or structure, addition to or enlargement/expansion of the land use and/or structure;
(B) 
The exterior repairs in the commercial and manufacturing districts that employ the same materials, colors and design as the original construction; and
(C) 
The exterior repairs, including painting, are being performed on a single-family residence.
(Ord. 1308 § 5, 2000)

§ 21.06.050 Temporary uses.

Requirements for establishing a temporary use (e.g., construction yards, seasonal sales lots, special events, temporary office trailers, etc.) are in Chapter 21.48 (Temporary Use Permits) of this title.
(Ord. 1308 § 5, 2000)

§ 21.06.060 Additional permits and approvals may be required.

An allowed land use that has been granted a land use permit, or is exempt from a land use approval, may still be required to obtain city permits or approvals before the use is constructed, or otherwise established and put into operation. Nothing in this chapter shall eliminate the need to obtain any permits or approvals required by other provisions of this code or any applicable county, state or federal agency regulations.
All necessary permits shall be obtained before starting work or establishing new uses.
(Ord. 1308 § 5, 2000)