Live Oak City Zoning Code
CHAPTER 17
35 TYPES OF SITE DEVELOPMENT PERMITS
§ 17.35.010 Development plan review.
A.
Purpose. The development plan review is utilized for projects that are considered to be "permitted uses" and is an administrative process conducted by the Community Development Director. It is intended to ensure that the proposed project is in conformance with all City development and design standards. For larger development projects an extra level of review is added to ensure compliance with the General Plan Circulation Element.
B.
Process. Projects subject to a development plan review shall be reviewed and decided upon by the Community Development Director within 30 days of receipt of all requested information or, in the case of projects described below in subsection C in which a traffic study is required, the review by the Director shall be completed with 30 days of completion and acceptance by the City of the traffic study.
C.
Review of Larger Projects for Traffic Impacts. For projects that meet or exceed the size provided below in Table 17.35.010 the City shall conduct a traffic study for the proposed project. If the resulting study concludes that the project will increase traffic levels that exceed General Plan level of service standards, either on a project specific level or a 20-year cumulative level or both, street improvements shall be incorporated into the project that reduces the traffic levels of service to be within the standards provided in the General Plan at both the project specific level and 20-year cumulative level, as determined by the Community Development Director. In lieu of providing the street improvements, a fee may be paid to the City by the applicant in an amount that mitigates the project's fair share of traffic impacts, as determined by the City.
Table 17.35.010: Development Plan Review Projects Required to Prepare Traffic Studies | |
|---|---|
Land Use | If a Project Exceeds the Following Size a Traffic Study Is Required |
Multiple-family | 75 residential units |
Office | 35,000 sq. ft. |
Retail and service commercial: Indoor Outdoor | 30,000 sq. ft. 50,000 sq. ft. |
Industrial, warehouse & outdoor storage | 50,000 sq. ft. |
Conversion of existing facility to a different category of use | 30,000 sq. ft. of conversion area |
Conversion of sites to the same category of use | No limit |
D.
Determination. Upon completion of the review the Community Development Director shall make one of the following determinations:
1.
Approve the Application. If it is determined that the proposal complies with all applicable standards of this title and all other relevant City standards. The term of the development plan approval shall be the same as the building permit. In the case of larger projects, as identified in Table 17.35.010, if the traffic study prepared for the proposal concludes that traffic improvements are needed, the project shall be approved with inclusion of required traffic improvements, or fees in lieu of the applicant's fair share of improvements, as determined by the City.
2.
Deny the Application. If it is determined that the proposal will not comply with all applicable standards of this title or any other relevant City standards. However, prior to denying the application, the Community Development Director shall provide the applicant an opportunity to modify or correct the application to bring the project into conformance with City standards.
3.
Request Further Information. As needed in order to make the determination of whether to approve or deny the application.
(Ord. 526 § 1, 2010; Ord. 540 § 10, 2011)
§ 17.35.020 Zoning clearance.
A.
Purpose. A zoning clearance is an administrative process conducted by the Community Development Director intended to provide verification that an intended use or structure complies with the allowed list of activities and all applicable development standards.
B.
Applicability. When required by the zone district in which the use of a structure or land is located, a zoning clearance is required prior to commencement of construction or use.
C.
The Community Development Director shall review all applicable information and, within 30 days of receiving all relevant information, make a determination whether the proposed structure or use meets all standards required by this title and all other relevant City standards.
D.
Determination. Following the receipt of a complete application and review of the information submitted, the Community Development Director shall make one of the following determinations:
1.
Approve the Application. If it is determined that the proposal complies with all applicable standards of this title and all other relevant City standards. If conditions warrant, the Community Development Director may apply a reasonable term to the permit.
2.
Deny the Application. If it is determined that the proposal will not comply with all applicable standards of this title or any other relevant City standards. However, prior to denying the application, the Community Development Director shall provide the applicant an opportunity to modify or correct the application to bring the project into conformance with City standards.
3.
Request Further Information. As needed in order to make the determination to approve or deny the application.
E.
Appeal. The decision of the Community Development Director may be appealed to the Planning Commission, pursuant to Section 17.37.070.A.
(Ord. 526 § 1, 2010)
§ 17.35.030 Use permit.
A.
Purpose. Use permits are intended to allow for activities and uses whose effect on the surrounding environment cannot be determined prior to being proposed for a particular location. Additionally, conditions of approval or time limits may be placed on a use permit by the Planning Commission to ensure the use is compatible with existing and anticipated uses in the vicinity.
B.
Applicability. A use permit is required to authorize a proposed land use identified within the applicable zone district as being a use allowed, subject to an approved use permit.
C.
Application Processing. Upon determination of a complete application by the Community Development Director, the application shall be processed in accordance with Chapter 17.37.
E.
Findings for Approval. In order to approve the application, or approve it with modifications and/or conditions, the Planning Commission must first make the following findings, based on information in the record:
1.
The proposal is consistent with the General Plan and any relevant specific plan, neighborhood plan, or area plan.
2.
The site for the proposed use is adequate in size and shape to accommodate said use and its associated yards, parking, landscaping and other improvements required by this title and other relevant City standards.
3.
The streets serving the site are adequate to carry the quantity of traffic generated by the proposed use.
4.
The site design and the size and design of the building(s) will complement neighboring facilities.
5.
The establishment and operation of the use will not be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the vicinity of the proposed use or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City.
F.
Appeal. The decision of the Planning Commission may be appealed to the City Council, pursuant to Section 17.37.070.B.
(Ord. 526 § 1, 2010)
§ 17.35.040 Variances.
A.
Purpose. The provisions of this section allow for the adjustment of development standards required by this title when, because of special circumstances applicable to the property, including location, shape, size, surroundings, or topography, the strict application of these regulations denies the property owner privileges enjoyed by other property owners in the vicinity and under the same zone district. Any variance that is granted shall be subject to conditions that ensure that the variance does not constitute a granting of special privilege(s) inconsistent with the limitations upon other properties in the vicinity and within the same zone district in which the property is located. The power to grant variances does not apply to land use regulations.
B.
Applicability. A variance may be granted for any physical development standards of this title except for land uses, residential densities, and prohibited signs.
C.
Application Processing. Upon determination of a complete application by the Community Development Director, the application shall be processed in accordance with Chapter 17.37.
E.
Findings for Approval. In order to approve the application or approve it with modifications and/or conditions the following findings must be made, based on information in the record:
1.
There are special circumstances applicable to the property or structure(s) including location, size, shape, surroundings, or topography or other conditions, so that the strict application of this title denies the property owner privileges enjoyed buy other property owners in the vicinity and within the same zone district.
2.
Granting the variance is necessary for the preservation and enjoyment of substantial property rights.
3.
Granting the variance does not result in special privileges inconsistent with the limitations upon other properties in the vicinity and within the same zone district as the property is located.
4.
Granting the variance does not allow a use or activity which is not otherwise authorized by the zone district within which the property is located.
5.
Granting the variance will not be detrimental to the health, safety, peace, comfort or general welfare of persons residing or working in the vicinity or be detrimental to property or improvements in the vicinity or to the general welfare of the City.
F.
Appeal. The decision of the Planning Commission may be appealed to the City Council, pursuant to Section 17.37.070.B.
(Ord. 526 § 1, 2010)