The city council or the planning commission shall prescribe the form and scope of all petitions and applications provided for in this title, and of the accompanying data to be furnished so as to assure the fullest practicable presentation of facts for proper consideration of the matter involved in each case and for a permanent record thereof. Any petition, as provided for in this title, shall include a verification by at least one of the petitioners, attested to before a notary public or before the city clerk.

(Prior code § 1907)

A.

No building or structure shall be erected on a lot which abuts a street having only a portion of its required street width dedicated and where no part of such dedication would normally revert to the lot if the street were vacated, unless provision is made for the dedicating and improving of that portion of the street required by and being a portion of the lot. Improvements shall be installed in conformity with the standards established for the remainder of the street frontage of which the lot is a part, but shall not include less than the installation of curb and gutter on that side of the centerline of the street upon which the lot fronts. All yards required by this title shall also be provided.

B.

No building permit shall be issued where the structure or structures to be erected will have the effect of depriving other persons of the use of their property, or will have the effect of invalidating the master plan or any element thereof, without first subjecting the proposals to the council for review and study of possible alternates which might better serve the community.

(Prior code § 1894)

A.

Trailers. No automobile trailer shall be used as a place of human habitation.

B.

Lands. A certificate of occupancy shall be applied for before any vacant land is hereafter used or such use is in conformity with the provisions of this title; provided further, that no certificate of occupancy shall be required where the land is to be used for tilling the soil and growing thereon farm, garden or orchard products.

C.

Contents—Records. The certificate of occupancy shall state that the building or proposed use of a building or land complied with all laws and ordinances and with the provisions of this title. A record of certificates shall be kept on file in the office of the building inspector and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building or land affected.

(Prior code § 1905)

When the term "other uses which the council deems to be similar" is used, it means those other uses which, in the judgment of the council, are similar to and not more objectionable to the health, safety and general welfare than the uses listed in a less restrictive district be permitted in a more restrictive district.

(Prior code § 1893 (a))

When the term "subject to council review and approval" is used, a site plan and elevations shall be submitted to enable the council to determine whether the proposed use will be detrimental to the existing uses in the district in which it proposed to be placed. The council may permit the use subject to such conditions as it shall deem necessary to protect such conditions and general welfare and shall find as follows:

A.

That the site proposed for the proposed use is adequate in size and shape to accommodate the proposed use, and for all of the yards, setbacks, walls or fences, landscaping and other features required by this title to adjust the use with those on abutting land and in the neighborhood;

B.

That the size for the proposed use related to streets and highways properly designed both as to width and type of pavement to carry the type and quantity of traffic generated by the subject use;

C.

That in approving the subject use at the specific location, there will be no adverse effect on abutting property or the permitted use thereof;

D.

That in requiring certain safeguards against possible blighting influences, such as those listed in this subsection, the council deems the requirements to be the minimum necessary to protect the health, safety and general welfare:

1.

Special setbacks and buffers,

2.

Fences and/or walls,

3.

Lighting,

4.

Paving of parking areas,

5.

Regulation of time for certain activities,

6.

Regulations of points of vehicular ingress and egress,

7.

Regulation of noise, vibration, odors, etc.,

8.

Regulation of signs,

9.

Requiring landscaping and maintenance thereof,

10.

Requiring maintenance of the grounds,

11.

Requiring service roads and/or alleys when practical,

12.

Such other conditions as will make possible development of the city in an orderly and efficient manner and in conformity with the intent and purposes set forth in this title.

(Prior code § 1893 (b))

The existing use or uses of all buildings, improvements and premises not in conformity with the standards or requirements of the land use zoning district in which they are located, in accordance with the provisions of this title, and which uses are legal or for which permits, variances or conditional exceptions were granted under previous zoning ordinances, may continue as nonconforming uses, conditional uses, or variances, as defined in this title, and subject to the provisions regulating such nonconforming uses or the terms and conditions applicable to such conditional uses or variances.

(Prior code § 1802)

The area, dimension and population density provisions of the sections dealing with property development standards shall apply to all lots; provided, however, that where a lot has a width or area less than that required in the zoning district of which it is a part and was held under separate ownership or was of record March 15, 1960, such lot may be occupied by the uses permitted in the district, subject to the lot area per dwelling unit and yard requirements and such other regulations as apply uniformly to all lots in the district.

(Prior code § 1803)

Whenever the public necessity, convenience, general welfare or good zoning practice require, the city council may amend, supplement or change the regulations, zone boundaries or classifications or property, now or hereafter established by this title, or otherwise amend this title as follows:

A.

Amendments, supplements or changes that do not change any property from one zone to another or improve any new regulation or modify or remove any existing regulation on the use or development of property may be initiated and adopted, and without compliance with this title.

B.

Amendments, supplements or changes in this title and/or the accompanying official zoning map which change any property from one zone to another or which add, modify or remove any regulation pertaining to the use or development of property shall be initiated and adopted in accordance with the procedures stated in this section.

C.

Such changes may be initiated by the city council, planning commission or owner or bona fide agent of any land or building. A petition for change of zone shall be filed on forms provided by the city for this purpose, and shall be duly signed and verified by the petitioner.

D.

Any or all petitions to be filed under and pursuant to subjection B of this section must be filed with the commission not less than fifteen days prior to the date set for the hearing of the petition.

E.

Hearings on petitions filed pursuant to subsection B of this section shall be as follows:

1.

The planning commission shall hold one public hearing upon the matters referred to in such petition and thereupon within forty days of the hearings shall make a determination and report thereof to the city council.

2.

The city council, after receipt of the report and recommendations, or its own initiative shall, after one public hearing, either approve, modify or reject the same.

3.

Posting shall be in conformity with the provisions of Section 17.66.050.

(Prior code § 1899)

A.

Planning Commission. The planning commission shall:

1.

Administer regulations of this title and amendments thereto;

2.

Hear and decide all matters involving variances and conditional use permits;

3.

Make recommendations upon suspensions or modifications of setback ordinances; and

4.

Perform such other duties as are requested by the council or otherwise required by law.

B.

Building Inspector. It shall be the duty of the building inspector:

1.

To enforce the provisions of this title pertaining to the erecting, construction, reconstructing, moving, conversion, alteration of, or addition to, any building; and

2.

To enforce the requirements of occupancy in any dwelling, apartment house, or other building not otherwise regulated by the license officer as herein stated.

C.

Police Department. It shall be the duty of the police department of the city to enforce all of the requirements of this title pertaining to land use or occupancy, and it shall be the duty of all police officers to cause complaints to be filed against all persons violating any of the requirements of this title unless such action is otherwise delegated as stated herein, wherever any land use or occupancy becomes a public nuisance.

D.

License Officer.

1.

The license officer shall enforce all of the requirements of this title pertaining to the land use and/or occupancy of all buildings or structures used for business, commercial or industrial purposes. No business license shall be used for the operation of any business or enterprise upon any property or within any district, contrary to any of the requirements of this title, or any other applicable sections of this code.

2.

Before any new business license is issued by the license officer for the use or occupancy of any property or building, a certificate of clearance indicating satisfactory compliance with the rules, regulations and ordinances delegated for enforcement by other city departments shall be obtained by the license officer from the police, fire, health, engineering and building departments.

(Prior code § 1906)

Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this title, and any use of land, building or premises established, conducted or operated 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, upon order of the city council shall immediately commence action or proceedings for the abatement and removal and the enjoining thereof in the manner prescribed by law, and shall take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove the structure or building, and enjoin any person, firm or corporation from setting up, erecting, building, maintaining or use of any such building or structure or using property contrary to the provisions of this title. The remedies provided herein shall be cumulative and not exclusive.

(Prior code § 1908)

A.

When an administrative zoning approval is granted by the planning director for an "over-the counter-approval", the applicant shall have two years from the effective date of approval (via a "zone clearance stamp" by the planning department) in which to submit said plans for plan check to the department of building and safety, when a building permit or similar permit is required by the department of building and safety. When a building permit or similar permit is not required, then the applicant shall have completed the work within two years from the date of zone clearance. Once said time period(s) lapse, the zone clearance shall be deemed expired and new plans shall be submitted and new application fees paid to the planning department for review and approval.

B.

For all projects involving zoning approval for a neighborhood compatibility determination, minor deviation, landscaping and irrigation, grading, and sign permit, approved either administratively or by the planning commission, zoning approval(s) shall be valid for a period of two years from the effective date of approval, such that the applicant shall obtain all necessary permits from the department of building and safety within two years, and all construction shall be in conformance with the approved plans. Any alternations or additions to the approved plans, or any changes to the exterior treatment including but not limited to exterior building materials or the size, shape, or location of windows or other openings, or changes to the size, location or amount of any hardscape shall be reviewed by the planning director to determine if further planning commission approval is necessary.

C.

For all zoning approvals involving a conditional use permit (CUP), special use permit (SUP), variance and precise plan of design (PPD) resolution, one of the two following conditions of approval shall appear in the resolution(s) with respect to the length of time a zoning approval is valid. If there have been no changes in the proposed plans or adjacent areas, the planning commission may grant a time extension in accordance with the following:

1.

Large projects, generally defined as a building with a floor area(s) in excess of ten thousand square feet, and/or as further determined by the planning director, shall be subject to a twelve-month time period (commencing upon the effective date of project approval), in which the entire project must be submitted for plan check review with the department of building and safety, with two six-month time extensions maximum allowed to be granted by the planning commission.

2.

Small projects, generally defined as a building with a floor area(s) with less than ten thousand square feet, and/or as further determined by the planning director, shall be subject to a six-month time period (commencing upon the effective date of project approval), in which the entire project must be submitted for plan check review with the department of building and safety, with two six-month time extensions maximum allowed to be granted by the planning commission.

(Ord. No. 668, § 1, 10-12-2010)

A.

Staking and flagging (silhouettes) is a useful planning tool to evaluate the mass and bulk of a proposed project/building as well as for evaluating potential view impacts from surrounding properties/buildings. In residential districts, silhouettes are mandatory for the following:

1.

Second story additions inclusive of second story additions to an existing two-story home;

2.

First story additions in view-sensitive areas where a neighbor's view may be impacted;

3.

Increases in roof ridge height from what is existing;

4.

New homes on vacant lots; and

5.

Any other circumstance where it is determined that a silhouette would assist a neighboring party, the planning director or his/her designee, the planning commission, and/or the city council in evaluating concerns related to views and/or mass and bulk of a proposed project.

B.

All silhouettes must be certified by a licensed land surveyor or civil engineer using the form available from the planning department and should be erected early in the planning process to assist in project evaluation. Specific requirements on how to construct a silhouette are also available from the planning department.

C.

A silhouette must be erected and certified at least fourteen days prior to the planning commission hearing date and remain in place at least through the appeal period (twenty days). If the project is appealed to city council, then the silhouette must remain in place until which time the city council has rendered a decision. Once a decision has been made and/or the appeal period has expired, the silhouette must be removed within fourteen days. In the event that a project has been continued for further revisions, the silhouette may remain in place for up to sixty days, unless good cause can be shown that the silhouette should remain for a longer period of time, as determined by the planning director, for the purposes of modifying and re-certifying the existing silhouette for a revised project.

D.

In nonresidential districts, silhouettes may be required as determined by the planning director, planning commission, and/or city council during project review.

(Ord. No. 668, § 1, 10-12-2010)