Rio Vista City Zoning Code
CHAPTER 17
66 ADMINISTRATION AND ENFORCEMENT
§ 17.66.010 Zoning administrator.
A.
Designation. The zoning administrator shall be the secretary of the planning commission. The community development director is assigned the title of secretary of the planning commission. The director and/or designee shall act as the zoning administrator.
B.
Duties. The community development director shall administer the zoning plan in accordance with the provisions of this title and the instructions of the planning commission.
(Prior code Appendix B § 533; Ord. 628 § 1 Exh. D, 2007)
§ 17.66.020 Rules of procedure.
The planning commission may establish rules of procedure governing all hearings required by this title and the laws of the state. Upon the adoption of rules of procedure by the planning commission the same shall be filed in the office of the community development director and copies of such rules of procedure shall be available to each person requesting the same.
(Prior code Appendix B § 601; Ord. 628 § 1 Exh. D, 2007)
§ 17.66.030 Amendments.
A.
Except as otherwise provided in this title, any amendments to this title shall be initiated and adopted as other ordinances are amended or adopted.
B.
Any amendment to this title which changes any property from one district to another district, or imposes any regulation upon property not theretofore imposed or removes or modifies any such regulation, shall be initiated and adopted as hereinafter set forth in this title.
C.
Any amendment of the nature specified in this section hereof may be initiated by:
1.
The filing with the city planning commission of a resolution of intention of the city council;
2.
Passage of a resolution of intention by the planning commission;
3.
Filing with the planning commission of a petition of one or more record owners of property which is the subject of the proposed amendment or their authorized agents. A petition for amendment shall be on a form designated therefor by the planning commission and shall be accompanied by a filing fee, as set by the city council.
D.
Upon receipt of a petition or resolution of intention of amendment the planning commission shall set a date for a public hearing thereon, but not later than 45 days after the receipt of the petition or resolution.
F.
After the close of the public hearing or continuations thereof, the planning commission shall make a report of its recommendation and the reasons therefor, with respect to the proposed amendment. The commission's report shall include a list of persons who testified at the hearing, a summary of the facts adduced at the hearing, and copies of any maps or data and/or documentary evidence submitted in connection with the proposed amendment. A copy of such recommendation shall be transmitted to the city council within 40 days after the notice of hearing thereon; provided however, that such time may be extended with the consent of the city council or the petitioner for such amendment.
G.
Subject to the provisions of subsections H and I of this section, upon receipt of the recommendation of the planning commission, the city council shall hold a public hearing to review the proposed amendment, after giving notice regarding the proposal as required by law. After the conclusion of such hearing the city council, within 90 days, may approve, modify or disapprove the recommendation of the planning commission.
H.
Any modification of the proposed amendment as recommended by the planning commission, shall first be referred to the planning commission for report and recommendation. The planning commission need not hold a public hearing thereon. Failure of the planning commission to report to the city council, within 40 days of the date of reference, shall be deemed to his or her approval of the proposed modification.
I.
If the planning commission has recommended against an amendment which would change property from one zoning district to another, the city council need not take further action thereon, unless an interested party shall request a public hearing. Such request shall be filed with the city clerk not more than five days after the planning commission has filed its recommendations with the city council. The city council shall then proceed as provided in subsections G and H of this section.
J.
In case an application for an amendment to this title, use permit or variance is denied, the application shall not be eligible for reconsideration for one year subsequent to such denial unless a new application affecting or including all or a part of the same property is substantially different in the opinion of the planning commission, from the application denied.
(Prior code Appendix B § 602; Ord. 628 § 1 Exh. D, 2007)
§ 17.66.040 Nonconforming uses, structures and lots.
A.
The lawful use of land existing on the effective date of the ordinance codified in this chapter, although such use does not conform to the regulations specified by this title for the district in which the land is located, may be continued; provided, that no such use shall be enlarged or increased, or extended to occupy a greater area than that occupied by such use at the time of the adoption of the ordinance, subject to the following exception. A legal nonconforming building may be expanded; provided that the expansion does not increase or extend the nonconformity, the expansion meets all regulations specified by this title for the district in which such land and building are located, and provided that it does not exceed the height of the building. It must also be on the same plane as the original building. If a nonconforming use allowable under this subsection ceases, as hereinafter provided, the subsequent use of such land shall be in conformity with the regulations specified by this title for the district in which the land is located.
B.
The lawful use of a building existing at the time of adoption of the ordinance codified in this chapter may be continued, although such building and/or use does not conform to the regulations specified for the district in which such building is located. However, if the actual operation of a nonconforming use of a building ceases for a period of six months, unless the legal owner can establish valid proof to the contrary, such cessation of the nonconforming use shall be considered abandonment. Without further action by the planning commission, the building and the land on which the building is located shall be subject to all regulations specified by this title for the district in which such land and building are located.
C.
Any use for which a use permit is required and may be granted by the terms of this title shall be considered a nonconforming use unless and until a use permit is obtained in accordance with Section 17.66.070.
D.
If at any time any building in existence on the effective date of the ordinance codified in this chapter which does not conform to the regulations, including parking regulations, for the district in which it is located, should be removed, damaged or destroyed it may be replaced in kind on the same footprint with the issuance of a land use permit as defined in Section 17.66.070. The application for a use permit to replace such a building must be filed with the community development director within six months of the removal, damage, or destruction of the building. Failure to file within six months abandons the legal nonconforming status of the building.
E.
Nothing contained in this title shall be deemed to require any change in the plans, construction or designated use of any building upon which actual construction was lawfully begun prior to the effective date of the ordinance codified in this title. "Actual construction" is defined to be: the actual placing of construction materials in their permanent position, fastening in a permanent manner; actual work in excavating a basement or the demolition or removal of an existing structure begun preparatory to rebuilding; provided that in all cases actual construction work shall be diligently carried on until the completion of the building or structure involved.
F.
The foregoing provisions shall also apply to nonconforming uses in districts hereafter extended and in new districts hereafter created.
G.
Legal, nonconforming signs may continue in existence so long as not enlarged nor replaced. Signs shall otherwise be subject to the regulations set forth in Chapter 17.56 of this code.
H.
Notwithstanding the foregoing subsections, preexisting two-family or multifamily structures may be repaired or reconstructed pursuant to California Government Code Section 65852.25.
I.
A lot having an area, frontage, width, or depth less than the minimum prescribed for the zoning district in which the lot is located, which is shown on a duly approved and recorded subdivision map, or for which a deed or valid contract of sale was of record prior to the effective date of the ordinance codified in this chapter, and which had a legal area, frontage width, and depth at the time that the subdivision map, deed, or contract for sale was recorded, may be used for any permitted use, but shall be subject to all the other regulations for the district in which the lot is located.
J.
A lot not having frontage on a public way or private street, but otherwise conforming to these regulations, may be used provided a use permit is first secured.
(Prior code Appendix B § 603; Ord. 589 § 2, 2002; Ord. 628 § 1 Exh. D, 2007; Ord. 002-2024, 3/5/2024)
§ 17.66.050 Zoning-Building permits.
Zoning permits shall be required for all buildings, structures, uses erected, constructed, altered, repaired or moved within or into any district established by this title, and for the use of vacant land or for a change in the character of the use of land, within any district established by this title. No building permit shall be issued until the zoning permit portion thereof has been completed by the zoning administrator and any required use permit or variance has been issued and becomes effective.
(Prior code Appendix B § 604; Ord. 628 § 1 Exh. D, 2007)
§ 17.66.060 Variances.
A.
The planning commission shall have the power to grant variances from terms of the zoning ordinance subject to appeal to the city council by any person or persons affected by the variance, except that in no case shall a variance be granted to allow a use of land or buildings not permitted in the district in which the subject property is located.
B.
Variance from the terms of the zoning ordinance may be granted only when the following findings are met:
1.
Because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification.
2.
Variance granted shall not constitute a pat of special privilege inconsistent with the limitations upon other properties in the vicinity and zoning district in which subject property is situated.
3.
The variance remedy does not apply to requests for uses that are not permitted by right or with a conditional use permit in any zoning district.
C.
Conditions of Approval. In approving any use permit or variance, the planning commission may impose reasonable conditions necessary to:
1.
Implement the general plan;
2.
Achieve the general purposes of this title or the specific purposes of the zoning district in which the site is located;
3.
Protect the public health, safety and general welfare; and
4.
Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties and the surrounding area.
D.
Applications for variances shall be filed by the property owner with the planning commission upon such forms and accompanied by such data as may be prescribed by the zoning administrator so as to assure the fullest applicable presentation of facts for the permanent record. Each application shall be accompanied by a fee as established by resolution of the city council.
E.
Public Notice. At least 10 working days prior to the granting of any variance permit, notice of the proposed variance shall be given by a newspaper of general circulation in the city and by posting on the property involved.
F.
Public Hearing.
1.
Public hearings are needed for all variance permit applications.
2.
If a public hearing before the planning commission is scheduled, an additional public notice of the variance permit application in question shall be given in the same manner as prescribed in subsection E of this section at least 10 working days in advance of a regular meeting of the planning commission.
G.
Expiration of Permits. Any use permit or variance granted in accordance with the terms of this title shall, without further action, become null and void if not used within one year from the date of the approval thereof or within any shorter period of time, if so designated by the planning commission.
(Prior code Appendix B § 605; Ord. 589 § 2, 2002; Ord. 628 § 1 Exh. D, 2007)
§ 17.66.062 Minor exceptions.
A.
The zoning administrator shall have the power to grant or deny minor exception permits from measurable development standards as described in Section 17.06.010, Zoning Schedule, subject to appeal to the planning commission by any person or persons affected by the minor exception, except that in no case shall a minor exception be granted to allow a use of land or buildings not permitted in the district in which the subject property is located.
B.
Minor exceptions from the terms of the measurable zoning standards as described in Section 17.06.010 may be granted only when the following findings are met:
1.
Would not exceed ten percent of the prescribed measurable standards.
2.
No more than two exceptions shall be allowed on any lot.
3.
Would not adversely affect any development or persons upon abutting property, with adversely affect to mean to impact in a substantial, negative manner the economic value, habitability, or enjoyment of properties.
4.
Would not result in a hazard to pedestrian and/or vehicular traffic.
5.
Would be reasonably necessary to the sound development of such property, or would result in better environmental quality of development of such property than without such exception.
6.
That the application for a minor exception is not for a project that also requires discretionary permits from the planning commission or the city council, in which case, the request for minor exception shall be submitted to the planning commission.
7.
That the application for a minor exception is not for an existing conditional use.
C.
Conditions of Approval. In approving any minor exception, the zoning administrator may impose reasonable conditions necessary to:
1.
Protect the public health or safety.
D.
Applications for a minor exceptions permit shall be filed with the zoning administrator by the property owner on such forms and accompanied by such information as may be prescribed by the zoning administrator so as to assure the fullest applicable presentation of facts for the permanent record. Each application shall be accompanied by the same fee charged for variance applications as established by resolution of the city council.
E.
Review Authority. The zoning administrator may decide to refer the application to the planning commission for a decision, in which case the matter shall be heard by the planning commission at a noticed public hearing.
F.
Notice and Hearing. Prior to a decision on a minor exception, the zoning administrator shall provide a notice which shall be mailed to all property owners within 300 feet of the exterior boundary of the property involved, using for this purpose the last known name and address of such owners as shown upon the current assessment roll maintained by Solano County. The notice shall be mailed 10 days prior to the date of decision on the project. The notice shall include a description of the proposal, methods for providing comments. The notice shall state that the zoning administrator will decide whether to approve or disapprove the minor exception application on a date specified in the notice, and that a public hearing before the zoning administrator will be held only if requested in writing by any interested person prior to the specified date of the decision. When a hearing is requested, notice of the hearing shall be provided as stated herein, and the zoning administrator shall conduct the public hearing prior to a decision on the application.
G.
Notice of Decision and Appeal. The zoning administrator shall send the notice of decision to the property owner within 10 days of the date of the zoning administrator's decision to approve or deny the minor exceptions permit. Appeal from the action of the zoning administrator can be made to the planning commission according to the procedures prescribed in Section 17.66.080. The decision of the planning commission shall be final.
H.
Expiration of Permits. A permit granted in accordance with the terms of this title shall, without further action, become null and void if not used within one year from the date of the approval thereof or within any shorter period of time, if so designated by the zoning administrator.
I.
Revocation. A permit may be revoked in a manner as prescribed in Section 17.66.070(G).
(Ord. 013-2016 § 3)
§ 17.66.070 Use permits.
A.
Purpose. The purpose of the use permit is to give public notice of all commercial and industrial land uses and to allow review of such land uses and necessary arbitration by the zoning administrator or planning commission.
B.
Application. Use permits may be granted, upon application to the planning commission for any use for which a use permit is required by these regulations, or for any use which, while not specifically enumerated in these regulations, is, in the opinion of the planning commission, similar to and compatible with the uses permitted in the zone in which the subject property is situated.
1.
Application shall be accompanied by a total development plan showing the use or uses, dimensions, and locations of proposed structures, of parking spaces, and of areas, if any, to be reserved for streets, parking, playgrounds, school sites, and other open spaces. The applicant shall also submit such other pertinent information as may be necessary to a determination that the contemplated arrangement or use makes it desirable to apply regulations and requirements differing from those ordinarily applicable under this title.
2.
Such use permit application shall be accompanied by a fee as established by resolution of the city council.
C.
Public Notice and Public Hearings. As prescribed in Section 17.66.060(D) and (E).
D.
Findings for Granting a Use Permit.
1.
That the proposed location of the conditional use is in accord with the objectives of subsection B of this section and the purposes of the zone in which the site is located;
2.
That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity;
3.
That the site is or can be made reasonably safe from hazards of storm, water run-off, soil erosion, earth movements, earthquake or other geological hazards;
4.
That the site's soils, geology and hydrology is reasonably suitable for the proposed use;
5.
That the proposed location of the conditional use has been reviewed by the architectural committee.
E.
Conditions of Approval. In approving any use permit or variance, the planning commission may impose reasonable conditions necessary to:
1.
Implement the general plan;
2.
Achieve the general purposes of this title or the specific purposes of the zoning district in which the site is located;
3.
Protect the public health, safety and general welfare; and
4.
Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties and the surrounding area.
F.
Conclusion of Hearing.
1.
Within 30 days of the conclusion of the hearing, the planning commission shall grant or deny the issuance of the use permit applied for. The granting of any use permit may be made subject to terms and conditions attached thereto and made a part thereof. Failure of the planning commission to act within the time set out herein shall be deemed to be a denial of the application on that date. The action of the planning commission shall become final 15 days from the date thereof, unless an appeal has been taken within that time.
2.
Within 10 days following the date of a decision of the city planning commission on a use permit application, the decision may be appealed to the city council by the applicant or by any other person. An appeal shall be made on a form prescribed by the commission and shall be filed with the city clerk.
3.
Within 45 days following the closing of a public hearing on a use permit application the city council shall act on the application. The council may by resolution affirm, reverse, or modify a decision of the city planning commission, provided that if a decision denying a use permit is reversed or a decision granting a use permit is modified, the council, on the basis of the record transmitted by the secretary and such additional evidence as may be submitted, shall make the findings prerequisite to the granting of a use permit.
G.
Revocation.
1.
In any case where the conditions of a use permit have not been or are not complied with, the zoning administrator shall give to the permittee notice of intention to revoke such permit, at least 10 days prior to a planning commission hearing thereon. After conclusion of the hearing the planning commission may revoke such permit.
2.
In any case where a use permit has not been exercised within one year after the date of granting thereof then without further action by the zoning administrator or planning commission, the use permit shall be null and void.
(Prior code Appendix B § 606; Ord. 589 § 2, 2002)
§ 17.66.080 Appeals.
A.
The planning commission shall have power to hear and decide appeals when it is alleged by the appellant that there is error in any order, requirement, permit, decision or determination made by an administrative official in the administration or enforcement of this zoning ordinance.
B.
Any person, firm or corporation aggrieved or affected by any determination in the administration of this title may, within 10 days, file an appeal in writing with the planning commission. A fee as established by resolution of the city council shall accompany such written notice of appeal. Filing of an appeal shall stay all proceedings on furtherance of the action appealed from until the determination of the appeal. Upon receipt of such appeal by the planning commission, the commission shall set a date for public hearing not less than 45 days thereafter. Notice of such hearing shall be posted on the property involved at least 10 days prior to such hearing.
C.
The zoning administrator shall transmit to the commission copies of all papers constituting the record of action appealed, including a written statement setting forth the reasons for his or her decision.
D.
Upon hearing the appeal, the commission shall find that the decision appealed from shall be affirmed, changed or modified. Notice of the commission's decision shall be mailed forthwith to the original applicant, the person making the appeal, and to any other person who has filed with the commission a written request therefor.
E.
Any person, firm, corporation, unincorporated association, public officer or agency, aggrieved or affected by the decision of the planning commission, may within 10 days, appeal in writing to the city council. A copy of such appeal shall be submitted by the appellant to the planning commission. The city council shall render its decision within 60 days after receipt by the city council and the planning commission of such appeal.
F.
Notwithstanding any other provision of this title, the city council, upon its own motion made within 10 days from the making of any final order, requirement, decision or determination by the zoning administrator or the planning commission, may review, affirm, reverse or modify, wholly or in part, such final order, requirement, decision or determination. Notice of such review shall be delivered or mailed to the zoning administrator, the planning commission and the original applicant. The notice shall include a provision for a public hearing to be held within 45 days from the date of the motion. Notice of such hearing shall be published in a newspaper of general circulation within the city and posted in the vicinity of the property involved at least 10 days prior to such hearing, and mailed as may be required by state law.
(Prior code Appendix B § 607)
§ 17.66.090 Environmental impact reports.
If the city, in its role as the lead agency with discretionary approval over an application, determines either according to the results of an initial (environmental) study or known conditions that a project may have a significant effect on the environment, further background analysis is necessary. The community development director and/or his or her designee may determine that an environmental impact report must be prepared in order, to provide the decision-making body on the application sufficient information to make an informed decision. Where it can be seen with certainty that the activity in question will not have a significant effect on the environment, the activity is exempted from an EIR.
(Prior code Appendix B § 608; Ord. 628 § 1 Exh. D, 2007)
§ 17.66.100 Enforcement.
A.
All departments, officials and public employees of the city which are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this title and shall issue no such permits or licenses for uses, buildings or purposes where the same would be in conflict with the provisions of this title, and any such permits or licenses, if issued in conflict with the provisions of this title, shall be null and void.
B.
It shall be the duty of the city manager, all officers of the city, herein and/or otherwise charged by law with the enforcement of this title, to enforce this title and all the provisions of the same.
C.
Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating or causing or permitting the violation of any of the provisions of this title, shall be guilty of a misdemeanor. Such persons, firm or corporation shall be deemed to be guilty of a separate offense for each and every day during any portion of which any violation of this title is committed, continued or permitted by such person, firm or corporation, and shall be punished as herein provided.
D.
Any building, structure, use, set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this title shall be and the same is declared to be, unlawful and a public nuisance, and the city attorney of the city shall, upon order of the city administrator, immediately commence action or proceedings for the abatement, removal and enjoinment thereof in the manner provided by law, and shall take such other steps, and shall apply to such court or courts as may have jurisdiction, to grant such relief as will abate and remove such building or structure, and restrain and enjoin any persons, firm or corporation from setting up, erecting, building, maintaining or using any such building or structure or using any property contrary to the provisions of this title.
E.
The remedies provided for herein shall be cumulative and not exclusive.
(Prior code Appendix B § 701)
§ 17.66.110 Interpretation.
In interpreting and applying the provisions of this title, they shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience, and general welfare. Except as specifically herein provided, it is not intended by this title to impair or interfere with any permits previously adopted or issued relating to the erection, construction, establishment, moving, alteration, or enlargement of any buildings or improvements; nor is it intended by this title to interfere with, abrogate or annul any easement, covenant, or other agreement between parties; provided that in case in which this title imposes a greater restriction, or enlargement of buildings or the use of any such building or premises in several districts or any of them, than is imposed or required by existing provision of law or ordinance or by such rules, regulations or permits, or by such easements, covenants, or agreements, then in such case the provisions of this title shall control. In case the provisions of this title conflict with any provisions of the Uniform Building Code the most restrictive of such provisions shall apply.
(Prior code Appendix B § 702)
§ 17.66.120 Reasonable accommodations for persons with disabilities.
A.
Applicability. This section 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 and other land use regulations, policies and procedures.
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 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 section 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 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 subsection B (Application requirements).
B.
Application Requirements. Requests for reasonable accommodation shall be submitted on an application form provided by the community development department, or in the form of a letter, to the director of community development 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 zoning code provision, 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.
C.
Review with Other Land Use Applications. If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (including, but not limited to: conditional use permit, site plan and architectural review, general plan amendment, zoning change, annexation, etc.), then the applicant shall file the information required by subsection B together for concurrent review with the application for discretionary approval.
D.
Review Authority.
1.
Director of Community Development. Requests for reasonable accommodation shall be reviewed by the director of community development (director) or designee if no approval is sought other than the request for reasonable accommodation.
2.
Other Review Authority. Requests for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authority reviewing the discretionary land use application.
E.
Review Procedure.
1.
Director Review. The director, or designee. shall make a written determination within 45 days and either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with subsection F (Findings and decision).
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 subsection F (Findings and decision).
F.
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 housing, which is the subject of the request, will be used by an individual disabled 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 impose an undue financial or administrative burden on the city.
d.
Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a city 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 of Approval. In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by subsection (F)(1) of this section.
(Ord. 660 § 1, 2011)