Plymouth City Zoning Code
CHAPTER 19
10 ADMINISTRATIVE PERMITS
§ 19.10.010 Purpose.
The purpose of this chapter is to establish procedures for planning- and zoning-related permits that are decided administratively by City staff or the Planning Director. Each permit and entitlement type is described in this article in terms of purpose and applicability, approving authority, and unique processing provisions. Exemptions to permit requirements are listed throughout. General processing procedures are established in Chapter 19.04 (Application Processing). Table 19.04.140-1 (Approving Authority for Land Use Entitlements) provides a summary of the administrative and Planning Director permits and entitlements.
(Ord. 2014-01 § 1)
§ 19.10.020 Interpretation of Code.
A.
Purpose. This chapter assigns Code interpretation responsibility to the Planning Director to allow interpretations to be made on a regular basis and allows the Planning Director to elevate certain interpretations to the Planning Commission when necessary to make a policy decision that may have a significant impact on the community at large. This chapter also provides rules for interpretation to clarify the use of some basic terms.
B.
Rules of Interpretation. The Planning Director shall have the authority and responsibility to interpret terms, provisions, and requirements of this Code and according to the following:
2.
Terminology. The following rules apply to all provisions in this Code.
a.
Language. The words "shall," "will," "is to," and "are to" and similar words and phrases are always mandatory. "Should" is not mandatory but is strongly recommended and "may" is permissive.
b.
Tense and Number. The present tense includes the past and future tense, and the future tense includes the present. The singular number includes the plural, and plural numbers include the singular unless the natural construction of the word indicates otherwise.
c.
Conjunctions. "And" indicates that all connected items or provisions shall apply. "Or" indicates that the connected items or provisions may apply singly or in any combination. "Either... or" indicates that the connected items and provisions shall apply singly but not in combination. "Includes" and "including" shall mean "including, but not limited to."
d.
Number of Days. Whenever a number of days is specified in this Code, or in any entitlement, condition of approval, or notice issued or given as provided in this Code, the number of days shall be construed as calendar days, unless business days are specified. Time limits will extend to the following business day where the last of the specified number of days falls on a day that the City is not open for business.
3.
Minimum Requirements. All provisions of this Code are considered to be minimum requirements, unless specifically stated otherwise.
4.
Calculations—Rounding. Where any provision of this Code requires calculation to determine applicable requirements, any fractional/decimal results of the calculation shall be rounded to the nearest whole number (0.5 or more is rounded up, less than 0.5 is rounded down).
5.
Zoning Regulations. Any list of any item, including zones or uses, is exclusive. If a use or other item is not listed, it is not permitted unless the use is determined to be similar to a listed use or use category.
6.
Zone Boundaries. Where uncertainty exists with respect to the boundaries of the various zones as shown on the Zoning Map, the Director shall interpret the appropriate location according to the provisions within this title.
7.
Consistency of Text and Diagrams. Diagrams are provided within this Code to illustrate the requirements of the Zoning Code's text. In the event of conflict between the text of this Code and provided diagrams, the text shall determine the City's regulations.
C.
Official Code Interpretations. Whenever the Director determines that the meaning or applicability of any of the requirements of this Code are ambiguous, misleading, or unclear, the Director shall issue an official interpretation or refer the question to either the Planning Commission or the City Council for a determination. The Planning Department shall keep records of the official determinations on file for future reference to ensure consistency of interpretations over time, and an on-going notice of interpretive decisions shall be made a part of Planning Commission and/or City Council Public Meeting Agendas.
(Ord. 2014-01 § 1)
§ 19.10.030 Zoning Clearance.
A.
Purpose and Applicability. The purpose of the Zoning Clearance process is to ensure that all new and modified uses and structures comply with applicable provisions of this title, using administrative procedures. Zoning Clearance is required for the following actions:
1.
All structures that require a Building Permit (e.g., new structures greater than 120 square feet) except permits for interior work only;
2.
Business licenses;
3.
All planning entitlement and permit approvals to ensure compliance with applicable conditions of approval; and
4.
Other City applications that may be subject to the provisions of this title, including, but not limited to, encroachment permits and grading and improvement plans as deemed necessary.
B.
Approving Authority and Procedure. The Planning Director shall be the designated approving authority for Zoning Clearance. No application form is necessary for Zoning Clearance. This process will be conducted by the Planning Director as part of the Building Permit application review. Zoning Clearance shall be granted only when the Planning Director finds the proposal to be in conformance with all applicable provisions of this title. The Planning Director may modify plans in whole or in part, apply conditions of approval, or require guarantees to ensure compliance with applicable provisions of this title. Building Permits shall not be issued without approval of Zoning Clearance.
C.
Public Hearing and Notice. Public notice and public hearing is not required for Zoning Clearance.
(Ord. 2014-01 § 1)
§ 19.10.040 Home Occupation Permit.
A.
Purpose. The purpose of a Home Occupation Permit is to ensure that home occupations in residential neighborhoods are compatible with the surrounding neighborhood character and are generally undetectable from normal and usual residential activity.
B.
Applicability. A Home Occupation Permit shall be required for all home-based businesses. An employee or contract employee of a licensed business enterprise (not located within a home) may work from home without first obtaining a home occupation permit. For the purposes of this title a licensed group home shall not be considered a "home occupation."
C.
Review Process.
1.
Upon acceptance of a Home Occupation Permit application, the Planning Director or a designated representative shall review the request for compliance with existing neighborhood development standards to ensure that the proposed activities have limited or no impact on surrounding properties. A decision will be rendered within a five-day review period, if not immediately. The decision shall clearly state, in writing, any conditions of approval or reasons for denial.
2.
Immediately following the effective date of an approved Home Occupation Permit, the applicant shall obtain a City business license.
D.
Findings. A Home Occupation Permit shall be granted only when the Planning Director determines that the proposed home occupation complies with all of the following findings:
1.
Does not display or sell any commodities except those produced on the premises.
2.
Does not use any accessory building, garage, yard space, or activity outside of the dwelling unit.
3.
Does not generate a character and volume of vehicular traffic not normally associated with residential use.
4.
Does not involve the use of more than 10% or more than 200 square feet of floor area of the dwelling unit, whichever is less.
5.
Does not display signs or other matter which would indicate a business is operating within the home.
6.
Does not allow for more than two customers/clients to visit the home each day and customers/clients are limited to visiting the house between the hours of 8:00 a.m. and 9:00 p.m.
7.
Where no substantial mechanical repair work is permitted.
8.
Where at least one parking stall is available for guest parking either in the driveway or on the street in front of the residence, if customers/clients visit the premises.
9.
Where no employees, other than residents of the home, come to or work from the home which requires all applicable building and fire codes to be met.
10.
The proposed home occupation is consistent with the General Plan, any applicable specific plan or master plan, and all applicable provisions of this title.
11.
The proposed home occupation is consistent with the standards and prohibited use regulations in Chapter 19.56 (Residential and Agricultural Districts).
12.
The establishment, maintenance, or operation of the home occupation applied for will not, under the circumstances of the particular case (location, size, design, and operating characteristics), be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of such use or to the general welfare of the City.
E.
Conditions. The Planning Director may impose requirements and/or require guarantees in order to ensure compliance with this title and to prevent adverse or detrimental impact to the surrounding neighborhood.
F.
Relocation of a Home Occupation. If a home occupation relocates, a new permit and review shall be required for the new location.
(Ord. 2014-01 § 1)
§ 19.10.050 Similar Use Determination.
A.
Purpose. Each zoning district within the City permits certain land uses, which are list within a "land use matrix." The land use matrix may not include all possible uses. When a specific use is not listed and it is unclear whether the use is permitted, permitted with a use permit, or not permitted, the similar use determination allows the Director to determine whether or not a proposed use is similar to a listed use and whether it may be permitted or permitted with a use permit in a particular zoning district.
B.
Applicability. A similar use determination is required when a use is not specifically listed in this Code but may be permitted if it is determined to be similar in nature to a use that is permitted or permitted with a use permit.
C.
Review Process.
1.
A similar use determination can be initiated by staff or the public using an application provided by the Planning Director.
2.
The Planning Director shall prepare a similar use determination.
3.
The issuance of a similar use determination is an administrative function of the Planning Director, and no public hearing or notice is required.
D.
Findings. The Planning Director shall make a similar use determination after finding all of the following. If the Planning Director does not make all of these findings, he or she shall not make the similar use determination:
1.
The characteristics of and activities associated with the proposed use are equivalent to one or more of the listed uses and will not involve a higher level of activity, environmental impact, or population density than the uses listed in the zoning district.
2.
The proposed use will be consistent with the purposes of the applicable zoning district.
3.
The proposed use will be consistent with the General Plan, any applicable specific plan, and the Development Code.
E.
Determinations. Determinations shall be made in writing and shall contain the facts that support the determination. The Department shall maintain all such determinations on record for review by the general public upon request. The notice of decision shall be provided, in writing, to the applicant and interested parties. The notice shall include:
(Ord. 2014-01 § 1)
§ 19.10.060 Reasonable Accommodation.
A.
Purpose and Intent. In accordance with Federal and State Fair Housing Laws, it is the purpose of this section to allow for Reasonable Accommodations in the City's zoning and land use regulations, policies, and practices when needed to provide an individual with a disability an equal opportunity to use and enjoy a dwelling. The intent is to alleviate the need for a Variance request for a Reasonable Accommodation as described herein.
B.
Permit Application.
1.
Applicant. A request for a Reasonable Accommodation may be made by any person with a disability, their representative, or a developer or provider of housing for individuals with a disability. A Reasonable Accommodation may be approved only for the benefit of one or more individuals with a disability.
2.
Application. An application for a Reasonable Accommodation from a zoning regulation, policy, or practice shall be made on a form specified by the Planning Director. No fee shall be required for a request for Reasonable Accommodation, but if the project requires another discretionary permit, then the prescribed fee shall be paid for all other discretionary permits.
3.
Other Discretionary Permits. If the project for which the request for Reasonable Accommodation is made requires another discretionary permit or approval, then the applicant may file the request for Reasonable Accommodation together with the application for the other discretionary permit or approval. The processing procedures of the discretionary permit shall govern the joint processing of both the Reasonable Accommodation and the discretionary permit. As stated in subsection A (Purpose and Intent), a Variance is not required for the Reasonable Accommodation. However, if the project includes a separate request to deviate from City standards unrelated to the accommodation, a Variance application may be required.
4.
Required Submittals. In addition to materials required under other applicable provisions of this Code, an application for a Reasonable Accommodation shall include the following:
b.
The specific exception or modification to the Zoning Code provision, policy, or practices requested by the applicant.
c.
Documentation that the specific exception or modification requested by the applicant is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy the residence.
d.
Any other information that the Director reasonably concludes is necessary to determine whether the findings required by this section to approve a Reasonable Accommodation can be met, so long as any request for information regarding the disability of the individuals benefited complies with fair housing law protections and the privacy rights of the individuals affected.
C.
Review Procedure. The Planning Director is the designated approval authority for Reasonable Accommodation requests and shall approve a Reasonable Accommodation request if the compliance requirements below are addressed.
D.
Required Findings. The written decision to approve a request for Reasonable Accommodation shall be based on the following findings, all of which are required for approval:
1.
The requested accommodation is requested by or on the behalf of one or more individuals with a disability protected under the fair housing laws.
2.
The requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling.
3.
The requested accommodation will not impose an undue financial or administrative burden on the City as "undue financial or administrative burden" is defined in fair housing laws and interpretive case law.
4.
The requested accommodation will not result in a fundamental alteration in the nature of the City's zoning program, as "fundamental alteration" is defined in fair housing laws and interpretive case law.
5.
The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others.
E.
Conditions. The Planning Director is authorized to approve or deny applications and to impose reasonable conditions upon such approval, as the Director may deem necessary to ensure compatibility with surrounding uses, to preserve the public health, safety, and welfare, and to enable the Director to make the findings required by subsection D (Required Findings).
F.
Alternative Reasonable Accommodations. The decision-maker may approve alternative Reasonable Accommodations that provide an equivalent level of benefit to the applicant.
G.
Consideration Factors. The designated approving authority for the City may consider, but is not limited to, the following factors in determining whether the requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling:
1.
Whether the requested accommodation will affirmatively enhance the quality of life of one or more individuals with a disability.
2.
Whether the individual or individuals with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation.
3.
In the case of a residential care facility, whether the requested accommodation is necessary to make facilities of a similar nature or operation economically viable in light of the particularities of the relevant market and market participants.
4.
In the case of a residential care facility, whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in a residential setting.
H.
Consideration Factors—Fundamental Alteration to Zoning Program. The designated approving authority for the City may consider, but is not limited to, the following factors in determining whether the requested accommodation would require a fundamental alteration in the nature of the City's zoning program:
1.
Whether the requested accommodation would fundamentally alter the character of the neighborhood.
2.
Whether the requested accommodation would result in a substantial increase in traffic or insufficient parking.
3.
Whether the requested accommodation would substantially undermine any express purpose of either the City's General Plan or an applicable specific plan.
4.
In the case of a residential care facility, whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation.
I.
Rules While Decision Is Pending. While a request for Reasonable Accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.
J.
Effective Date. No Reasonable Accommodation shall become effective until the decision to grant such accommodation shall have become final by reason of the expiration of time to make an appeal. In the event an appeal is filed, the Reasonable Accommodation shall not become effective unless and until a decision is made by the City Council on such appeal, pursuant to the provisions of this section.
K.
Expiration. Any Reasonable Accommodation approved in accordance with the terms of this chapter shall expire within 24 months from the effective date of approval or at an alternative time specified as a condition of approval unless:
L.
Time Extension. The Planning Director may approve a single one-year time extension for a Reasonable Accommodation for good cause. An application for a time extension shall be made in writing to the Director no less than 30 days or more than 90 days prior to the expiration date. The request for an extension shall be subject to the same notice, hearing, and appeal requirements applicable to the original application.
M.
Violation of Terms. Any Reasonable Accommodation approved in accordance with the terms of this Code may be revoked if any of the conditions or terms of such Reasonable Accommodation are violated, or if any law or ordinance is violated in connection therewith. Revocation of a Reasonable Accommodation shall be subject to the same notice, hearing, and appeal requirements applicable to the original application.
N.
Discontinuance. A Reasonable Accommodation shall lapse if the exercise of rights granted by it is discontinued for 180 consecutive days. If the persons initially occupying a residence vacate, the Reasonable Accommodation shall remain in effect only if the Planning Director determines that: (1) the modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with the Zoning Code; or (2) the accommodation is necessary to give another disabled individual an equal opportunity to enjoy the dwelling. The Director may request the applicant or his or her successor in interest to the property to provide documentation that subsequent occupants are persons with disabilities. Failure to provide such documentation within 10 days of the date of a request by the City shall constitute grounds for discontinuance by the City of a previously approved Reasonable Accommodation.
O.
Revocation. Any revocation shall be noticed and heard pursuant to the procedures established in this title.
P.
Amendments. A request for changes in conditions of approval of a Reasonable Accommodation, or a change to plans that would affect a condition of approval, shall be treated as a new application. The Director may waive the requirement for a new application if the changes are minor, do not involve substantial alterations or addition to the plan or the conditions of approval, and are consistent with the intent of the original approval.
(Ord. 2014-01 § 1)