Newman City Zoning Code
CHAPTER 5
27 INTERPRETATION, ADMINISTRATION, AND ENFORCEMENT
§ 5.27.010 Interpretation of provisions.
A.
The purposes of an interpretation are to:
1.
Determine if the nature of a use not specifically listed in this title is, in fact, similar to a use which is specifically listed as permitted or conditionally permitted within a particular zoning district.
2.
Interpret the provisions of this title whenever any ambiguity arises.
B.
The Planning Director shall have the authority to make only determinations as to the similarity of one use which is not listed in this title to another use which is listed.
C.
The Planning Commission shall resolve all matters related to ambiguity.
1.
Such resolution shall occur at a regularly scheduled meeting of the Commission and shall be in response to a written request which clearly identifies the ambiguity.
D.
The Planning Commission, in making its interpretations, shall seek the advice of the City Attorney and the Planning Director.
E.
No public hearing shall be required of the City Planning Commission in making an interpretation of this title.
(Ord. 97-17, 10-28-1997)
§ 5.27.021 Administration – Duties and responsibilities – City Council.
A.
The City Council shall be the Planning Agency for the City.
B.
The City Council shall be responsible for enacting amendments to the Zoning Ordinance following receipt of a recommendation from the Planning Commission.
C.
The City Council shall be empowered to hear and decide upon appeals from decisions made by the Planning Commission.
(Ord. 97-17, 10-28-1997)
§ 5.27.022 Administration – Duties and responsibilities – Planning Commission.
A.
The Planning Commission shall consist of five members who have been appointed by the City Council.
1.
Members of the Planning Commission shall be residents of the City.
B.
The Planning Commission shall be the advisory agency to the City Council and as such shall carry out the duties and responsibilities given it by the City Council as identified in this title.
C.
The Planning Commission shall annually select from its membership a chairperson and vice chairperson. In making its selections, the following guidelines should be considered by the members of the Commission:
1.
Ability to devote maximum time and effort to the work of the Commission.
2.
Experience in conducting public meetings.
D.
The Planning Director shall serve as the Secretary to the Planning Commission.
E.
The Planning Commission shall meet at least once a month in public for the purpose of conducting necessary business.
F.
The Planning Commission shall carry on a continuous review of the effectiveness and appropriateness of this title, and shall recommend such changes or amendments to the City Council as it deems appropriate.
G.
The Planning Commission shall, among its other responsibilities, be empowered to conduct public hearings and to consider the approval, conditional approval or denial of the following:
1.
Variance applications;
2.
Conditional use permit applications;
3.
Tentative map and parcel map applications.
H.
The Planning Commission shall also be responsible for the following:
1.
Making recommendations on General Plan amendments and Zoning Code amendments to the City Council.
2.
Making interpretations of the provisions of this title.
3.
Hearing appeals from decisions made by the Architectural Review Committee, Planning Director and other administrative staff decisions.
4.
Recommending policies and programs related to all aspects of community planning to the City Council.
5.
Adopting a Street Tree Plan.
6.
Determining the amount of land for park dedication or the in-lieu fee payment.
7.
Reviewing and making recommendations on development agreement proposals pursuant to State law and conducting annual review of development agreements as required.
8.
Other duties and assignments as directed by the City Council.
I.
In making its decisions, the Planning Commission may impose such conditions and limitations as it deems necessary to ensure compliance with the General Plan and this title, maintain property values, ensure neighborhood compatibility, and protect the public health, safety, and general welfare.
(Ord. 97-17, 10-28-1997)
§ 5.27.023 Administration – Duties and responsibilities – Architectural Review Committee.
A.
The Architectural Review Committee shall be appointed by the City Council for two year terms and consist of the following five members:
1.
One Planning Commissioner;
2.
One member of the Newman Historical Society;
3.
One City resident at-large;
4.
One member of the business community and/or Chamber of Commerce; and
5.
One professional in one or more of the following disciplines:
a.
Architecture;
b.
Architectural history;
c.
Historical remodeling or reconstruction;
d.
Historic archaeology;
e.
Historical conservation; or
f.
Related discipline to the extent such professionals are available in the community.
At least one member of the Architectural Review Committee should be a licensed building contractor.
B.
Every reasonable effort shall be made to recruit members for the Architectural Review Committee who have experience in project design, architecture, construction, landscape architecture or art.
C.
The Architectural Review Committee shall meet in public as needed for the purpose of conducting necessary business and all decisions of the Committee can be appealed to the Planning Commission in accordance with the provisions of this chapter.
D.
The decisions of the Architectural Review Committee shall become final after a 10 working day appeal period has passed; appeals of the Committee shall be directed to the Planning Commission.
E.
The principal purposes of the Architectural Review Committee shall be as follows:
1.
To assist in improving the overall aesthetic appearance of the City including open spaces, buildings, structures, signs and public places.
2.
To establish and maintain design standards, policies and guidelines capable of promoting and enhancing good design in the City.
F.
The Architectural Review Committee shall be responsible for reviewing and approving design plans for:
1.
Applications made for a building permit for any new building or structure permitted in the R-1, R-2, R-3, or any C, M or I District.
G.
The Architectural Review Committee may be requested to provide recommendations on various design issues, design review applications, development projects and/or sign proposals when deemed appropriate by the City Council, Planning Commission or Planning Director.
H.
In making its decisions, the Architectural Review Committee may impose or recommend such conditions as it deems necessary to promote good design, enhance the visual appearance of the community, maintain property values, ensure neighborhood compatibility, and protect the public health, safety, and general welfare.
I.
The Architectural Review Committee shall annually select from its membership a chairperson and vice chairperson. In making its selections, the following guidelines should be considered by members of the Committee:
1.
Ability to devote maximum time and effort to the work of the Committee.
2.
Experience in conducting public meetings.
3.
Terms will be staggered.
(Ord. 97-17, 10-28-1997)
§ 5.27.024 Administration – Duties and responsibilities – Planning Director.
A.
The Planning Director shall be responsible for:
1.
Deciding whether certain land uses are similar in nature and character to uses which are specifically listed in a zoning district;
2.
Helping interpret the provisions of this title;
3.
Receiving and processing applications for permits and other types of land use approvals;
4.
Maintaining the Zoning Ordinance, the zoning map, and records of all permit applications and decisions;
5.
Providing professional recommendations and assistance to elected officials, appointed officials and other City staff;
6.
Ensuring that building permit plans and completed projects are substantially in compliance with the approved permit and any conditions of approval;
7.
Determining the appropriate type of permit application to be filed;
8.
Hearing and deciding upon certain applications as provided for in this title;
9.
Establishing and maintaining administrative procedures to efficiently, accurately and effectively process the applications and permits described in this title in a timely manner.
B.
The Planning Director, or his designee, shall be responsible for reviewing and acting upon all applications as described in this title.
C.
Appropriate and reasonable conditions and/or limitations may be applied to all the applications described in this title to ensure compliance with this title and the General Plan, maintain property values, safeguard surrounding areas and protect the public health, safety, and general welfare.
D.
The Planning Director shall be responsible for reviewing, hearing and deciding upon the following:
1.
Preliminary architectural and site plan review applications.
2.
Home occupation permit applications.
3.
Temporary use permit applications.
E.
The City Manager shall have the authority to revoke a permit, certificate or license issued by the Planning Director, for violation of the conditions and/or limitations of said permit, certificate or license.
1.
In revoking a permit, must comply with the due process procedures applicable to the issuance of the original permit, certificate or license. In all cases the identical process utilized in the issuance of the original permit, certificate or license shall be followed in the revocation of the permit, certificate or license.
2.
Specific findings shall be made whenever a permit, certificate or license is revoked identifying the conditions of approval and/or permit limitations which have not been, or are not being, complied with.
F.
The Planning Director shall assist, and cooperate with, the Building Official and the City Attorney in the enforcement of the provisions of this title.
(Ord. 97-17, 10-28-1997)
§ 5.27.025 Administration – Duties and responsibilities – Building Official.
A.
The City Building Official shall be responsible for:
1.
Accepting, reviewing and processing applications for construction permits, building permits, grading permits and certificate of occupancy applications.
2.
Ensuring that all building, construction and grading permits are in compliance with this title and other applicable City and State titles prior to issuance.
3.
Referring building, construction and grading permit applications to the appropriate departments or agencies for review, comment and approval, as necessary, to ensure title compliance.
4.
Enforcing of the provisions of this title with the assistance of, and in cooperation with, the City Attorney and the Planning Director, and for maintaining records of all enforcement activities.
5.
Ensuring that all building permits, certificates of occupancy and other permits are completed in substantial compliance with the approved planning permit(s) and any conditions of approval.
(Ord. 97-17, 10-28-1997)
§ 5.27.026 Administration – Duties and responsibilities – Other City officials.
A.
All departments, officials and public employees of the City which are vested with the duty or authority to issue permits, licenses or entitlements shall conform to the provisions of this title and shall issue no such permit, license or entitlement for uses, buildings, or purposes where the same would be in violation or conflict with the provisions of this title.
B.
Similarly, no permit, license or entitlement shall be granted or issued while there is a violation of City codes in existence on the subject property.
(Ord. 97-17, 10-28-1997)
§ 5.27.030 Appeals.
A.
The Planning Commission shall have the power to hear and decide appeals based on the enforcement or interpretation of the provisions of this title.
B.
In case the applicant is not satisfied with the action of the Planning Commission on his appeal, he may, within 10 working days, appeal in writing to the City Council.
1.
The filing fee for an appeal shall be as set forth by the City Council.
2.
Notice shall be given to the Planning Commission of such appeal, and a report shall be submitted to the Commission to the City Council, setting forth the reasons for the action taken by the Commission. Such report shall be submitted in writing and/or by representation at the hearing.
3.
The City Council shall render its decision within 45 calendar days after the filing of such appeal.
(Ord. 97-17, 10-28-1997)
§ 5.27.040 Enforcement of regulations.
A.
No person shall locate, erect, construct, reconstruct, remodel, enlarge, change, maintain or use any building or land in violation of any provision of this title or amendment thereto adopted by the City Council.
B.
Any building or structure set up, erected, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of this title or any use of land, building or premises established, conducted, operated, or maintained contrary to the provisions of this title, shall be and the same are hereby declared to be unlawful.
C.
All departments, officials, and public employees of the City vested with the duty or authority to issue permits, licenses or entitlements shall conform to the provisions of this title and shall issue no permit, license or entitlement for uses, buildings, or purposes which are in violation or conflict with this title.
1.
Any permit, license or entitlement which has been issued in violation or conflict with the provisions of this title shall be null and void.
D.
Upon observing and documenting the existence of a zoning violation, the Building Official shall pursue compliance in a timely manner.
1.
If, after a reasonable period of time, full compliance with the provisions of this title has not been achieved, the Building Official, with the assistance of the City Attorney and the Planning Director, shall institute injunction, mandamus, abatement, notice of violation and/or any other appropriate action or proceedings necessary to remedy the violation.
E.
It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this title.
F.
A violation of any of the provisions of this title, or failing to comply with any of the mandatory requirements of this title, shall constitute a misdemeanor.
1.
Notwithstanding other provisions of this title, any such violation constituting a misdemeanor under this title may, at the discretion of the City Attorney, be charged and prosecuted as an infraction.
G.
Any person convicted of a misdemeanor under the provisions of this title, unless provision is otherwise herein made, shall be punishable by a fine of not more than $1,000 or by imprisonment in the County jail for a period of not more than six months or by both fine and imprisonment.
H.
Any person convicted of an infraction under the provisions of this title, unless provision is otherwise herein made, shall be punishable by fine only as follows: upon a first conviction, by a fine not exceeding $250.00; for a second conviction or any subsequent conviction within a period of one year, by a fine not exceeding $500.00.
I.
Each such person shall be charged with a separate offense for each and every day during any portion of which any violation of any such provision of this title is committed, continued or permitted after the deadline for compliance by such person and shall, upon conviction, be punishable accordingly.
J.
In addition to the penalties provided for herein, any violation of this title may be redressed by civil action.
K.
Any condition existing in violation of this title is deemed to be a public nuisance.
(Ord. 97-17, 10-28-1997)