Chapter 17.58 — GARAGE AND YARD SALES

No person shall sell or offer for sale personal property in a manner commonly known as a "garage" sale, "patio" sale or "yard" sale, except personal property owned, utilized and maintained by such person or members of his family on or in connection with premises which they occupy; provided, however, that a sale of donated property of others may be conducted on behalf of a church or charitable organization if the church or the organization joins in the application and the entire proceeds of such sale are donated to the sponsoring church or charitable organization. Personal property offered for sale shall not be displayed in the front yard, or the side yard of any corner lot which adjoins a street, of any such premises.

(Ord. 595 § 6.14(A), 1982)

Only two sales may be conducted in any twelve-month period at the address for which the permit is issued and shall be limited to not more than three consecutive days for each sale.

(Ord. 595 § 6.14(C), 1982)

Notwithstanding any other provision of this title, one sign not exceeding four square feet in area shall be permitted during such sale.

(Ord. 595 § 6.14 (D), 1982)

The provisions of this chapter shall not apply to sales of personal property made under court order or process.

(Ord. 595 § 6.14(D), 1982)

Chapter 17.60 - MINIWAREHOUSING

Sections:

The purpose of this chapter is to permit the lease or rental of small spaces for the enclosed storage of personal property and the open storage of automobiles, boats, recreation vehicles and travel trailers.

(Ord. 595 § 6.15(A), 1982)

It is the intent of this chapter that such use may be developed:

A.

As an accessory or associated use with mobile home parks, and recreation vehicle or travel trailer parks subject to the conditions and requirements of a conditional use permit;

B.

As a permitted use in zones I-S and I-G and by conditional use permit in zones C-G, C-C, P-D and C-M-O subject to all the development standards of the zone in which it is located.

(Ord. 789 § 1 (part), 2004: Ord. 595 § 6.15(B), 1982)

Individual storage units may vary in size but they may not exceed three hundred square feet in area.

(Ord. 595 § 6.15(C)(1), 1982)

Open storage units shall be screened with a suitable six-foot fence or wall subject to the approval of the planning director.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 6.15(C)(2), 1982)

17.60.050 - Design of outside storage.

Outside storage shall be designed according to standards for nonresidential parking specified in Sections 17.16.110, 17.16.120 and 17.16.130.

(Ord. 595 § 6.15(C)(3), 1982)

Chapter 17.62 - COMMERCIAL MANUFACTURING OVERLAY ZONE

Sections:

The C-M-O zone is intended to designate areas where a transition, in-filling or expansion of commercial and light industrial uses is desired into an area of intermittent residential uses.

(Ord. 595 § 6.16(A), 1982)

Commercial and industrial uses shall be established subject to a conditional use permit, the primary purpose of which is to provide conditions protecting the residential uses in the area. All uses shall be developed in a manner to upgrade the general quality of the area and to assure reasonable compatibility between uses.

(Ord. 595 § 6.16(B), 1982)

The basic underlying use in the C-M-O zoned areas is residential. Where the C-M-O zone symbol is designated on the zoning map, it shall be followed by a residential zone symbol. Residential uses shall be those permitted in the designated zone, and subject to the provisions of the zone and all other provisions of this title.

(Ord. 595 § 6.16(C), 1982)

Chapter 17.63 - FARMWORKER HOUSING[[7]]

Footnotes:

--- ( 7 ) ---

Editor's note— Ord. No. 862, § 8, adopted October 8, 2013, set out provisions intended for use as Chapter 17.64. For purposes of classification, and at the editor's discretion, these provisions have been included as Chapter 17.63.

It is the intent of this chapter to facilitate and encourage the provision of decent, affordable housing for farmworkers by not requiring a conditional use permit, zoning variance, or other zoning clearance for farmworker housing that is not required of any other agricultural activity in the agriculture (A) zone.

(Ord. No. 862, § 8, 10-8-13)

Farmworker housing shall be considered to be an activity that in no way differs from an agricultural use.

(Ord. No. 862, § 8, 10-8-13)

The permitted occupancy in employee housing in a zone allowing agricultural uses shall include agricultural employees who do not work on the property where the employee housing is located.

(Ord. No. 862, § 8, 10-8-13)

Chapter 17.63A - EMERGENCY SHELTER[[8]]

Footnotes:

--- ( 8 ) ---

Editor's note— Ord. No. 862, § 8, adopted October 8, 2013, set out provisions intended for use as Chapter 17.66. For purposes of classification, and at the editor's discretion, these provisions have been included as Chapter 17.63A.

17.63A.010 - Intent.

It is the intent of this chapter to facilitate and encourage the provision of emergency shelter for homeless persons and households by allowing emergency shelters without a conditional use permit or other discretionary action in the service industrial (I-S) and general industrial (I-G) zones and subject only to the same development standards that apply to the other permitted uses in these zones, except for standards unique to emergency shelters as set forth in Section 17.63A.020 of this chapter.

(Ord. No. 862, § 8, 10-8-13)

17.63A.020 - Special development and management standards.

In addition to the applicable development and performance standards set forth in Division III of Title 17, the following development and management standards shall apply to emergency shelters as authorized by Section 65583(a)(4) of the California Government Code:

A.

The maximum number of beds or persons to be served nightly by an emergency shelter shall be thirty-five.

B.

Off-street parking shall be based upon the number of spaces required to accommodate all staff working at the emergency shelter at the same time, provided that no more parking shall be required for an emergency shelter than is required for other commercial or industrial uses within the same zone.

C.

Appropriately sized and located exterior and interior on-site waiting and intake areas shall be provided.

D.

Appropriate exterior lighting shall be provided.

E.

On-site management shall be provided.

F.

Security shall be provided during the hours that the emergency shelter is in operation.

G.

The maximum length of stay by a homeless person in an emergency shelter shall be six months.

H.

An emergency shelter shall not be located within three hundred feet of another emergency shelter.

I.

No individual or household shall be denied emergency shelter because of an inability to pay.

(Ord. No. 862, § 8, 10-8-13; Ord. No. 934, § 4, 2-11-25)

Chapter 17.63B - SINGLE-ROOM OCCUPANCY (SRO)[[9]]

Footnotes:

--- ( 9 ) ---

Editor's note— Ord. No. 862, § 8, adopted October 8, 2013, set out provisions intended for use as Chapter 17.68. For purposes of classification, and at the editor's discretion, these provisions have been included as Chapter 17.63B.

17.63B.010 - Intent.

It is the intent of this chapter to facilitate and encourage the provision of affordable shelter for low-income persons with special housing needs by allowing SRO housing without a conditional use permit or other discretionary action in the service industrial (I-S) and general industrial (I-G) zones.

(Ord. No. 862, § 8, 10-8-13)

17.63B.020 - Occupancy.

An SRO unit shall be occupied by a single person. Occupancy of SRO units may be restricted to seniors or be available to persons of all ages.

(Ord. No. 862, § 8, 10-8-13)

17.63B.030 - Special development and management standards.

In addition to the applicable development and performance standards set forth in Division III of Title 17, the following development and management standards shall apply to SRO housing:

A.

Units in an SRO housing development shall consist of a single room and may have a private or shared bathroom. A shared common kitchen and activity area may also be provided.

B.

On-site management shall be provided.

(Ord. No. 862, § 8, 10-8-13)

Chapter 17.63D - TRANSITIONAL HOUSING[[11]]

Section:

Footnotes:

--- ( 11 ) ---

Editor's note— Ord. No. 862, § 8, adopted October 8, 2013, set out provisions intended for use as Chapter 17.72. For purposes of classification, and at the editor's discretion, these provisions have been included as Chapter 17.63D.

17.63D.010 - Intent.

It is the intent of this chapter to facilitate and encourage the provision of affordable shelter for low-income persons with special housing needs by allowing transitional housing without a conditional use permit or other discretionary action in all residential zones and subject only to the same development standards that apply to the other permitted residential uses in these zones.

(Ord. No. 862, § 8, 10-8-13)

Chapter 17.63E - COMMERCIAL CANNABIS RELATED USES AND ACTIVITY[[12]]

Footnotes:

--- ( 12 ) ---

Editor's note— Ord. No. 883, § 1, adopted June 13, 2017, repealed the former Chapter 17.63E, §§ 17.63E.010—17.63E.060, and enacted a new Chapter 17.63E as set out herein. The former Chapter 17.63E pertained to marijuana dispensaries and derived from Ord. No. 873, adopted January 12, 2016 and Ord. No. 882, adopted May 9, 2017.

17.63E.010 - Purpose.

The purpose of this chapter is to further fulfill the purposes and intents set forth in Title 5 of the Blythe Municipal Code. No person shall operate a commercial cannabis business without first obtaining a city commercial cannabis business permit and complying with all the requirements of Title 5 of the Blythe Municipal Code and complying with all applicable state law requirements including obtaining a license or permit required by the state to operate a commercial cannabis business.

(Ord. No. 883, § 2, 6-13-17)

17.63E.020 - Definitions.

Unless otherwise provided herein, the terms used in this part shall have the meanings ascribed to them in Title 5 of the Blythe Municipal Code.

(Ord. No. 883, § 2, 6-13-17)

17.63E.030 - Location of commercial cannabis businesses—Dispensaries.

Commercial cannabis dispensaries shall be permitted only as follows:

A.

In the C-C, commercial community business, C-G general commercial, and in I-G, general industry zone.

B.

The dispensary must not be located on a parcel located within a six hundred feet radius of a school (whether public, private, or charter, including pre-school, transitional kindergarten, and K-12). If any part of a parcel falls within the six hundred feet, then the entire parcel shall meet the requirements of this paragraph.

C.

No closer than six hundred feet from any portion of any parcel in the City limits containing any of the following:

1.

A youth facility;

2.

A daycare facility serving nine or more children and is licensed by the county or city.

3.

Parks and places of worship at the discretion of the city council.

D.

No closer than one thousand feet from any portion of any parcel containing a commercial adult day care facility serving nine or more adults and licensed by the state, county or city.

(Ord. No. 883, § 2, 6-13-17)

17.63E.040 - Location of commercial cannabis businesses—All types other than dispensaries—Cultivation, manufacturing, testing facilities and distributors.

Commercial cannabis businesses other than dispensaries, including those permitted to engage in cultivation, manufacturing, testing and distribution of cannabis and cannabis products shall be permitted only if all the following requirements are met:

A.

Commercial cannabis businesses other than a dispensary must be located on property zoned C-C community commercial, C-G, general commercial, I-G general industrial, and I-S service industrial; and

B.

The property on which the commercial cannabis business is located must also be no closer than six hundred feet from any portion of any parcel containing any of the following:

1.

A school (whether public, private, or charter, including pre-school, transitional kindergarten, and K-12);

2.

A daycare facility serving nine or more children and is licensed by the county and city;

3.

Any park or place of worship at the discretion of the city council;

4.

A youth facility.

(Ord. No. 883, § 2, 6-13-17; Ord. No. 885, § 16, 10-10-17; Ord. No. 890, § 2, 8-14-18; Ord. No. 901, § 2, 7- 14-20)

17.63E.050 - Distances measured; applicable properties.

The distance between parcels shall be the horizontal distance measured in a straight line from any property line of the sensitive use to the closest property line of the lot on which the commercial cannabis business is to be located, without regard to any intervening structures. The distance requirements in this chapter shall only be applicable with respect to properties located in the city's limits, unless otherwise required by state law. The distance requirements shall not be applicable with respect to any property located outside the city limits.

(Ord. No. 883, § 2, 6-13-17)

17.63E.060 - Certification from the planner or designee.

Prior to commencing operations, a commercial cannabis business must obtain a certification from the planner or designee certifying that the business is located on a site that meets all the requirements of this chapter.

(Ord. No. 883, § 2, 6-13-17)

17.63E.070 - Medical dispensaries, cultivation of medical marijuana and all commercial medical marijuana uses in the city.

Marijuana cultivation by any person, including primary caregivers, qualified patients and dispensaries, is prohibited throughout the city of Blythe unless permitted by this chapter.

(Ord. No. 883, § 2, 6-13-17)

Chapter 17.63F - LOW BARRIER NAVIGATION CENTERS

17.63F.010 - Purpose.

The purpose of this chapter is to implement the provisions of California Government Code Section 65660 et seq. relating to low barrier navigation centers.

(Ord. No. 935, § 12, 4-8-25)

17.63F.020 - Definitions.

For purposes of this chapter, the following definitions shall apply:

A.

"Coordinated entry system" means a centralized or coordinated assessment system developed pursuant to the applicable provisions of the Code of Federal Regulations as specified in California Government Code Section 65662, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.

B.

"Low barrier" means best practices to reduce barriers to entry, and may include, but is not limited to, the following:

1.

The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth;

2.

Pets;

3.

The storage of possessions; or

Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.

(Ord. No. 935, § 12, 4-8-25)

17.63F.030 - Requirements.

A low barrier navigation center shall be ministerially approved by the director if it meets the following requirements:

A.

It offers services to connect people to permanent housing through a services plan that identifies services staffing.

B.

It is linked to a coordinated entry system, so that staff in the interim facility or staff who collocate in the facility may conduct assessments and provide services to connect people to permanent housing.

C.

It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the California Welfare and Institutions Code.

D.

It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.

(Ord. No. 935, § 12, 4-8-25)

17.63F.040 - Application procedures.

A.

An application shall be submitted to the planning division of the development services department.

B.

The city shall notify the applicant within thirty days of receipt of an application whether the application is complete and if not, shall provide the applicant with a complete list of items that were not complete.

C.

The city shall act within sixty days of receipt of a completed application.

(Ord. No. 935, § 12, 4-8-25)

Chapter 17.63G - SUPPORTIVE HOUSING FOR HOMELESS

17.63G.010 - Purpose.

A.

The purpose of this chapter is to implement the provisions of California Government Code Section 65650 et seq. relating to supportive housing for a target population of homeless persons as defined in California Health and Safety Code Section 5067.14.

B.

The provisions of this chapter take precedence over any section of the zoning code to the contrary.

(Ord. No. 935, § 13, 4-8-25)

17.63G.020 - Definitions.

For purposes of this chapter, the following definitions apply:

"Administrative office space" means an organizational headquarters or auxiliary office space utilized by a nonprofit organization for the purpose of providing onsite supportive services at a supportive housing development authorized pursuant to this title and includes other nonprofit operations beyond the scope of the corresponding supportive housing development. "Administrative office space" includes parking necessary to serve the office space.

"Lower income households" means the same as defined in Section 50079.5 of the California Health and Safety Code.

"Supportive housing - homeless" means housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community. Supportive housing includes nonresidential uses and administrative offices as limited by this chapter and specifically includes transitional housing for youth and young adults.

"Supportive services" includes, but is not limited to, a combination of subsidized, permanent housing, intensive case management, medical and mental health care, substance abuse treatment, employment services, and benefits advocacy.

"Target population" means persons, including persons with disabilities, and families who are homeless, as that term is defined by Section 11302 of Title 42 of the United States Code, or who are homeless youth, as that term is defined by paragraph (2) of subdivision (e) of Section 11139.3 of the California Government Code.

(Ord. No. 935, § 13, 4-8-25)

17.63G.030 - Requirements.

A.

This chapter shall only apply to a supportive housing development of no more than fifty units that meets the requirements of this chapter.

B.

Units within the development are subject to a recorded affordability restriction for fifty-five years. The city shall record an affordability restriction against the property which restricts the units to lower income households for a period of fifty-five years. The applicant shall be required to sign all necessary documents.

C.

One hundred percent of the units, excluding the manager unit(s), within the development are dedicated to lower income households and are or will be receiving public funding to ensure affordability of the housing to lower income Californians. Rents shall be set at an amount consistent with the rent limits stipulated by the public program providing financing for the development.

D.

At least twenty-five percent of the units in the development or twelve units, whichever is greater, are restricted to residents in supportive housing who meet criteria of the target population. If the development consists of fewer than twelve units, then one hundred percent of the units, excluding manager unit(s), in the development shall be restricted to residents in supportive housing.

E.

Nonresidential floor area shall be used for onsite supportive services and administrative office space in the following amounts:

1.

For a development with twenty or fewer total units, at least ninety square feet shall be provided for onsite supportive services.

2.

For a development with more than twenty units, at least three percent of the total floor area shall be provided for onsite supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens.

3.

The total floor area dedicated to administrative office space shall not exceed twenty-five percent of total floor area.

F.

The developer replaces any dwelling units on the site of the supportive housing development in the manner provided in California Government Code Section 65915(c)(3).

G.

Units within the development, excluding managers' units, include at least one bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator.

H.

The development shall be required to comply with the objective development standards and policies that apply to other multifamily developments within the same zone.

(Ord. No. 935, § 13, 4-8-25)

17.63G.040 - Application/processing.

A.

The standard application for the housing development project shall be supplemented with the following information:

1.

The plan for providing supportive services with appropriate documentation showing that the supportive services will be provided on site to the residents in the project;

2.

The name of the proposed entity or entities that will provide supportive services;

3.

The proposed funding source(s) for the provided on-site supportive services;

4.

Proposed staffing levels by shift;

5.

The number of units that are restricted to residents who meet criteria of the target population;

6.

The amount of nonresidential floor area that shall be used for on-site supportive services;

7.

An identification of the number of manager units that will be provided; and

8.

An identification of the number of rental dwelling units on site, or units that have been vacated in the fiveyear period preceding the application, which are subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons of lower or very low income; subject to any other form of rent

or price control through a public entity's valid exercise of its police power, or occupied by lower or very low income households.

B.

An application shall be reviewed for completeness within thirty days of receipt. The application shall be acted on within sixty days after the application is complete for a project with fifty or fewer units.

C.

The application for a supportive housing project that complies with all applicable requirements, including the requirement for replacement housing, shall be ministerially approved by the director.

(Ord. No. 935, § 13, 4-8-25)

17.63G.050 - Parking requirements.

The following parking requirements shall apply:

A.

Parking shall be required at the rate of one space per unit. However, no minimum parking requirement shall apply for the units occupied by supportive housing residents if the development is within one-half mile of a public transit stop.

B.

A minimum of one parking space shall be provided for each manager unit(s).

C.

Parking at the rate of one space for every employee on the largest shift.

(Ord. No. 935, § 13, 4-8-25)

DIVISION V. - ADMINISTRATION, PERMITS AND VARIANCES Chapter 17.64 - ADMINISTRATIVE POWERS AND DUTIES

Sections:

17.64.010 - City council responsibilities.

The city council shall:

A.

Adopt regulations as stated in this title and amendments hereto;

B.

Approve any changes to the zoning map;

C.

Grant or deny conditional use permits and variances; and

D.

Perform such other duties as are required by state law, acting in joint capacity as planning commission and city council.

(Ord. 595 § 7.00(A), 1982)

The planning director shall be responsible for:

A.

Investigations;

B.

Reports;

C.

Public notices;

D.

Records;

E.

Interpretations of provisions of this title; and

F.

Other activities required by this title or the city council to fairly and effectively administer all zoning regulations.

(Ord. 630 § 1, 1987: Ord. 595 § 7.00(B), 1982)

A.

The planning director shall give each application filed with him or action initiated by the city council an identification number. Each type of application shall have a separate number series which thereafter shall be numbered sequentially.

B.

The planning director shall prepare and maintain a file on each application or action initiated by the city council, and an index to facilitate location of files and applicability of cases to specific properties.

(Ord. 630 § 3 (part), 1987; Ord 595 § 7.08(A, B), 1982)

The planning director shall, upon receiving an application under this title or starting a file on a city-councilinitiated or planning-director-initiated action, cause the owners or authorized agent of owners of parcels of property to which the action applies to be notified in writing of hearing dates, times and locations, when applicable, and of final action for or against proposals being considered.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 7.08(C), 1982)

The director of public works, building inspector and all officials charged with the issuance of licenses or permits shall enforce the provisions of this title. The chief of police and all officials charged with the enforcement of the law shall also enforce the provisions of this title.

(Ord. 595 § 8.00, 1982)

The provisions for the design review committee are set out in Sections 17.64.061 through 17.64.066.

(Ord. 636 (part), 1988)

The purpose of the design review committee is to provide an additional level of design review to the central business district, as defined in the "Blythe Downtown Design and Implementation Program" (as amended). The design review committee shall prevent the erection of structures or signs which are inharmonious and incompatible with the Design Standards and Architectural Guidelines of the implementation plan.

(Ord. 636 (part), 1988)

The design review committee shall be composed of five members, to consist of three members of the downtown implementation advisory committee, who shall be appointed by city council; the city manager; and the director of planning. The committee may also include a nonvoting design professional who may be an architect, landscape architect or related design professional.

(Ord. 636 (part), 1988)

The design review committee shall hold one regularly scheduled public meeting each year, the agenda of which shall be posted on the door of the city council chambers seven calendar days in advance of said meeting. Additional meetings of the design review committee shall be noticed in the same manner. Recommendations of the design review committee with the concurrence of a minimum of three members, shall be adopted.

(Ord. 636 (part), 1988)

The design review committee shall be responsible for the review of site plans, building plans and elevations, signage plans and landscape plans and other issues which may affect the development's conformance with the Design Standards and Architectural Guidelines of the downtown design implementation program. The adequacy of materials provided for committee review shall be determined by the planning director. The following plans shall be submitted to the planning director as part of the required application materials for plot plans, conditional use permits, public use permits, subdivisions or other plans which affect the appearance of the downtown area.

A.

Site Plans. Site plans shall be drawn to scale, showing the proposed layout of structures and other improvements including, where appropriate, driveways, pedestrian walkways, off-street parking and loading areas, landscape areas, fences and walls. Site plans shall also indicate ingress and egress and full width adjacent streets.

B.

Landscape Plan. A comprehensive landscape plan shall be drawn to scale, indicating the location and design of the landscape elements including biological and common names of each species and size to be planted, symbols on plan indicating planting type and size at maturity, mounding or berms and other landscaping features.

C.

Architectural drawings and Elevations. The required architectural drawings and elevations shall be drawn to scale and shall clearly illustrate the appearance of proposed new construction or renovations. Plans and drawings shall fully indicate types of exterior materials and finishes to be used. All elevations of buildings shall be shown in equally clear detail.

D.

Signage. All proposed signage, whether freestanding or mounted on existing or new structures, shall be shown in plans drawn to scale, indicating dimensions of the sign, its location on the site, height, materials and colors to be used and method of illumination.

E.

Additional Information. Additional materials, other than those listed in this section, may be required by the planning director for review by the design review committee.

(Ord. 636 (part), 1988)

Within thirty days from the finding of adequacy of the application materials by the planning director, the design review committee shall review an render a determination of adequacy of the proposed application, either approving design elements or returning plans and drawings to the applicant for modification. Failure on the part of the design review committee to conduct the design review within the thirty-day review period shall result in the approval of plans, drawings or elevation, unless a time extension has been requested by the applicant and approved by the planning director.

(Ord. 636 (part), 1988)

Within ten days from the date of determination by the design review committee, the applicant may file an appeal with the planning director to bring the matter before the redevelopment agency. The redevelopment agency shall hear the appeal within thirty days from the submittal of the appeal application and appropriate fee. Failure of the redevelopment agency to act within the prescribed time limit shall result in the automatic approval of submitted design materials, unless an extension of time is requested by the applicant.

(Ord. 636 (part), 1988)

Chapter 17.66 - AMENDMENTS—REZONES

Sections:

This chapter includes proceedings to changes zones applicable to specific properties, to alter boundaries of zones, to add or remove uses permitted within zones, to add new regulations to this title or to modify or remove regulations from this title.

(Ord. 595 § 7.01(A), 1982)

When initiated by the city council, amendments to this title shall be processed in accordance with requirements of the California Planning and Zoning Law and the council's adopted procedures for enacting ordinances. In addition, a change of the zone applicable to specific properties or an alteration of zone boundaries may be initiated by parties other than the city council in accordance with the procedures detailed in the following sections and requirements of the California Planning and Zoning Law. The provisions of this title shall prevail when more restrictive than the state law.

(Ord. 595 § 7.01(B), 1982)

17.66.030 - Application for rezone.

An application for a change of zone may be filed with the planning director by the owners or the authorized agent of the owners of the parcels of property for which a change of zone is sought. The application shall contain the following information:

A.

Name and address of applicant;

B.

Address and legal description of the property;

C.

A statement and maps, site plans, charts, diagrams, renderings and other data or exhibits which clearly define the use to be made of the property and its relationship to adjacent properties;

D.

Maps showing all properties, public and private streets, alleys and pertinent easements within three hundred feet of the property described in the application;

E.

Such additional information as the planning director may require.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 7.01(C), 1982)

A fee shall accompany the application in an amount established by resolution of the city council.

(Ord. 595 § 7.01(D), 1982)

The planning director shall review applications for zone change and:

A.

Advise the city council when a hearing is required; and

B.

Prepare a report to the city council of his finding and recommendations.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 7.01(E), 1982)

The city council shall schedule and hold two public hearings prior to making its decision and may, at its own discretion, continue the hearings or schedule and hold additional hearings. Hearings shall be set and

notice given as provided in Section 17.74.010.

(Ord. 595 § 7.01(F), 1982)

Within sixty days of the close of scheduled public hearings, the council shall either enact an ordinance amending this title or deny the application. Amendments enacted may encompass any boundary changes or application of zones appearing in the advertisement of hearing and discussed at the hearing.

(Ord. 595 § 7.01(G), 1982)

Following denial of a change of zone applicable to properties or an alteration of zone boundaries, no application for the same or substantially the same change on the same or substantially the same site shall be filed within one year from the date of denial.

(Ord. 595 § 7.01(H), 1982)

Chapter 17.68 - CONDITIONAL USE PERMITS

Sections:

Certain uses of land, structures and buildings possess characteristics which, if not specifically regulated, could be detrimental to adjacent properties or to the general welfare of the city, yet should logically be located in certain zoned districts, or in the city without regard to zone district classification. Such uses would serve the general welfare and not be detrimental to adjacent properties if subject to conditions designed to minimize the adverse effects at specific sites. A conditional use permit, approved by the city council, is required for the location and operation of such uses. All uses subject to conditional use permits are identified in this title together with the zone or zones within which such permit is required.

(Ord. 595 § 7.02(A), 1982)

A conditional use permit application may be initiated by the city council or by the owners or the authorized agent of the owners of the parcels of property for which a conditional use is sought.

(Ord. 595 § 7.02(B), 1982)

Single-family residential units may be permitted in I-S or C-G zones with a conditional use permit using the procedures of this title with the additional provisions.

A.

The following findings must be made:

1.

The proposed dwelling is in character with the existing neighborhood;

2.

The proposed dwelling is in an area where adjacent land uses are residential;

3.

The proposed dwelling does not conflict with the permitted uses of the zone in regards to access and traffic generation.

B.

The conditions of approval shall include:

1.

A statement of the potential conflicts that may arise due to the issuance of the conditional use permit;

2.

A statement of nonliability for conflicts arising due to the conflict of uses in the zone.

C.

Conditional use permits may be issued to existing dwellings in the above zones to allow renovations under the above provisions.

(Ord. 690 § 2, 1992)

The application of an owner or his authorized agent for a conditional use permit shall be filed with the planning director and shall contain the following information:

A.

Name and address of applicant;

B.

Address and legal description of the property;

C.

A statement and maps, site plans, charts, diagrams, renderings and other data or exhibits which clearly define the use to be made of the property and its relationship to adjacent properties;

D.

Two maps showing all properties, public and private streets, alleys and pertinent easements within three hundred feet of the property described in the application;

E.

Such additional information as the planning director may require.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 7.02 (B), 1982)

17.68.040 - Fee.

A fee shall accompany the application for a conditional use permit in an amount established by resolution of the city council.

(Ord. 595 § 7.02(C), 1982)

17.68.050 - Review and recommendations of director.

The planning director shall review applications for conditional use permits and:

A.

Advise the city council when a hearing is required; and

B.

Prepare a report to the city council of his finding and recommendations.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 7.02(D), 1982)

17.68.060 - Hearing before council.

The city council shall schedule and hold one public hearing prior to making its decision and may, at its own discretion, continue the hearing or schedule and hold additional hearings. Hearings shall be set and notice given as prescribed in Section 17.74.010.

(Ord. 595 § 7.02(E), 1982)

17.68.070 - City council findings and action.

A.

Within thirty days following closure of the scheduled public hearing or hearings, the city council shall grant with appropriate conditions or deny the application.

B.

Before final approval of a conditional use permit, the council shall make the following findings:

That the proposed location of the conditional use is in accord with the objectives of this title 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.

(Ord. 595 § 7.02(F), 1982)

Following the denial of a conditional use permit application or the revocation of a conditional use permit, no application for a conditional use permit for the same or substantially the same conditional use on the same or substantially the same site shall be filed within one year from the date of denial or revocation of the permit.

(Ord. 595 § 7.02(G), 1982)

A conditional use legally established prior to the effective date of the ordinance codified in this title or prior to the effective date of subsequent amendments to the regulations or zone boundaries of this title shall be permitted to continue, provided that it is operated and maintained in accord with the conditions prescribed at the time of its establishment, if any.

(Ord. 595 § 7.02(H), 1982)

A conditional use permit granted pursuant to the provisions of this title shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the conditional use permit application.

(Ord. 595 § 7.02(I), 1982)

A conditional use permit issued under the terms of this title shall lapse if no improvements to the real estate concerned have been made, and the holder of the permit shall not have utilized it within one year from the date upon which such permit shall have been granted unless by conditions of the permit a greater time is allowed.

(Ord. 595 § 7.02(J), 1982)

A conditional use permit may be suspended and subsequently revoked in accordance with procedures established in Chapter 17.74.

(Ord. 595 § 7.02(K), 1982)

Chapter 17.69 - NON-DISCRETIONARY PERMIT FOR LARGE FAMILY DAY CARE HOMES

Sections:

"Large family day care home" means a detached, single-family dwelling which provides family day care for seven to fourteen children, inclusive, including children under the age ten years who reside at the home as defined in Section 1596.78 of the California Health and Safety Code and as permitted by the licensing agency.

(Ord. 774 § 1 (part),2001)

(Ord. 774 § 1 (part), 2001)

A fee of two hundred fifty dollars for large family day care homes is required.

(Ord. 774 § 1 (part), 2001)

17.69.040 - Requirement for large family day care homes.

A.

The applicant shall obtain all licenses and permits required by State law for operation of the facility and shall keep all State licenses or permits valid and current. If the license is revoked for any reason, the applicant shall immediately notify the planning department.

B.

Applicants who reside on rented or leased property shall provide proof of written notice to the landlord or owner of the property that they intend to operate a family day care home on the rented or leased premises in accord with Section 1597.40(d) of the California Health and Safety Code.

C.

Use of a single-family dwelling for the purposes of a large family day care home shall not constitute a change of occupancy or use. Therefore, the facility shall comply with all zoning standards applicable to other single-family residences.

D.

The facility is the residence of the provider and the use is clearly incidental and secondary to the use of the property for residential purposes.

E.

No structural changes are proposed which will alter the character of the single-family or multi-family residence.

F.

The facility shall comply with all standards relating to fire and life safety applicable to single-family residences established by the State Fire Marshal contained in Title 24 of the California Code of Regulations as amended from time to time.

G.

The subject site shall not be located closer than one thousand two hundred lineal feet from any other large family day care home on the same street.

H.

An outdoor play area which satisfies the requirements of the state, community care licensing division shall be provided in the rear yard and shall be enclosed by a natural barrier, wall, solid fence or other solid structure a minimum of five feet in height. The provider shall comply with all adopted and/or future noise ordinances and policies.

I.

All outdoor play areas shall be adequately separated from vehicular circulation and parking areas by a strong fence such as chain link, wood or masonry.

J.

Required garages shall be prohibited for use as a family day care home and shall be utilized for parking two of the applicant's onsite vehicles during the daily operation of the day care home rather than parking the vehicles on the street or in the driveway.

K.

The applicant shall designate the onsite driveway as the official drop-off and pick-up area for children and shall notify parents of this requirement. The driveway shall remain free and clear of parked cars.

L.

The applicant shall require that employees park in locations which will not inconvenience nearby residents. To disrupt the neighborhood as little as possible, best efforts shall be made by the applicant to require employees to park as close as possible to the family day care home.

M.

Proof of notification (by the applicant) of all property owners and/or occupants within one hundred feet of the subject property shall be provided. Please attach proof of notification (i.e. registered mail receipts or occupant's signature confirming receipt of letter).

N.

Large family day care home providers shall make a written application to the zoning administrator and shall include all materials deemed necessary by the zoning administrator to show that the requirements of this section are met. The zoning administrator shall grant the permit without a hearing if all the requirements of this section are satisfied. The decision of the zoning administrator shall be made within fifteen working days of the receipt of a complete application and provided to the applicant in writing. The decision of the zoning administrator may be appealed to the planning commission within ten days of the date of the notification by the zoning administrator. Any appeal shall be filed in accordance to the procedures set forth in Section 17.62.020C1a of this title; the appellant shall pay the fee applicable to single-family dwellings.

(Ord. 774 § 1 (part), 2001)

The ordinance codified in this chapter shall go into effect and be in full force and operation from and after thirty days after its final passage and adoption.

(Ord. 774 § 1 (part), 2001)

At least two days prior to its final adoption, copies of the ordinance codified in this chapter shall be posted in at least three prominent and distinct locations in the city; and a notice shall be published once in the Palo Verde Valley Times, the official newspaper of the city of Blythe, setting forth the title of this ordinance, the date of its introduction and the places where this ordinance is posted.

(Ord. 774 § 1 (part), 2001)

Chapter 17.70 - VARIANCES

Sections:

A variance is a modification of a regulation contained in this title which may be granted only when it can be found that:

A.

Because of special circumstances applicable to a property, including size, shape, topography, location or surroundings, strict application of a regulation contained in this title deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification;

B.

The conditions under which the variance is to be granted will assure that the authorized modification of regulations shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated;

C.

The variance does not authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the property.

(Ord. 595 § 7.03(A), 1982)

The city council may initiate a variance which thereafter shall be processed in accordance with the procedures to be followed by the planning director and the city council as set forth in the following sections of this chapter. An application for a variance may be filed with the planning director by the owners or the authorized agent of the owners of such property and processed in accordance with the requirements of this chapter.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 7.03(B), 1982)

An application for a variance shall be filed with the planning director by the owners or the authorized agent of the owners of the parcels of property for which the variance is sought. The application shall contain the following information:

A.

Name and address of applicant;

B.

Address and legal description of the property;

C.

A statement and maps, site plans, charts, diagrams, renderings and other data or exhibits which clearly define the use to be made of the property and its relationship to adjacent properties;

D.

Two maps showing all properties, public and private streets, alleys and pertinent easements within three hundred feet of the property described in the application;

E.

Such additional information as the planning director may require.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 7.03(C), 1982)

17.70.040 - Fee.

A fee shall accompany the application for a variance in an amount established by resolution of the city council.

(Ord. 595 § 7.03(D), 1982)

The planning director shall review all variance applications and determine whether each is a major or minor variance within the meaning of Sections 17.70.060 and 17.70.070 and shall process each in accordance with his determination.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 7.03(E), 1982)

The planning director shall give notice of a filing for a minor variance in the same manner as specified for hearings before the city council in Section 17.74.010. Notice shall specify that the planning director will

receive comments in writing for or against the variance for a period of ten days subsequent to publication or placement of the notice, after which time he will render his decision.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 7.03(F), 1982)

The planning director, after giving notice as required in Section 17.70.060 and after making the findings specified in Section 17.70.010, may grant the following variances:

A.

Front, side and rear yard setbacks: Side yards may be varied only to three feet unless meeting conditions for zero side yards specified in Chapter 17.10;

B.

Lot width: up to ten percent of required width;

C.

Allowance of the use of common recreation space as a substitute for private space;

D.

Variances pertaining to fences, hedges and walls;

E.

Building height affecting architectural features, signs and tower appropriate to the use of the premises and solar energy features;

F.

The planning director may grant a variance to the setback regulations applicable in zones R-E, R-L-1 and R-L-2 by increasing or diminishing required side and rear setbacks up to forty percent, provided that square footage of buildable area of the lot as determined by the setback provisions of Chapter 17.12 is not increased and provided that the ground floor area of all roofed structures, both main and accessory, constitute less than forty percent of the lot area. Variances meeting these standards are declared to be consistent with the finding required under Section 17.70.010.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 7.03(G), 1982)

17.70.080 - Minor variance—Request for hearing—Processing as major.

The planning director may, on his own initiative, or shall, upon receipt in writing of a request for a hearing before the city council and payment of an appeal fee as prescribed by the city council by resolution, continue to process a minor variance in accordance with procedures for a major variance.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 7.03(H), 1982)

The planning director shall review all applications he determines to be major variances and all appeals of his decisions on minor variances and:

A.

Advise the city council of the need for a public hearing; and

B.

Report to the city council his findings and recommendations.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 7.03(I), 1982)

The city council shall schedule and hold one public hearing prior to making its decision and may, at its own discretion, continue the hearing or schedule and hold additional hearings. Hearings shall be set and notice given as prescribed in Section 17.74.010.

(Ord. 595 § 7.03(J), 1982)

17.70.110 - Major variance—Grant or denial.

Within thirty days following closure of the scheduled public hearing or hearings, the city council shall grant with appropriate conditions or deny the application. Before final approval of a variance, the city council shall make the findings defined in Section 17.70.010.

(Ord. 595 § 7.03(K), 1982)

Following the denial of a variance application or the revocation of a variance, no application for a variance for the same or substantially the same variance on the same or substantially the same site shall be filed within one year from the date of denial or revocation of the variance.

(Ord. 595 § 7.03(L), 1982)

A variance granted pursuant to the provisions of this title shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the variance application.

(Ord. 595 § 7.03(M), 1982)

An approved variance shall lapse if no action has been taken under it for a period of one year from the date of grant unless a greater time is allowed in the conditions of grant.

(Ord. 595 § 7.03 (N), 1982)

A variance may be suspended and subsequently revoked in accordance with procedures established in Chapter 17.74.

(Ord. 595 § 7.03(O), 1982)

Chapter 17.72 - TEMPORARY USE PERMITS

Sections:

A temporary use permit application may be initiated by the planning director, or by the owners or the authorized agent of the owners of parcels of property on which the temporary use is to be located. When initiated by the director of public works, the planning director shall process the permit in accordance with the provisions of this chapter. Other parties shall file an application as required by Section 17.72.030.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 7.04(A) (part), 1982)

A temporary use permit is required for the following uses:

A.

Temporary display and sales of art work;

B.

Christmas tree sales;

C.

Carnivals, circuses, special events of not over seventy-two consecutive hours;

D.

Garage or yard sales subject to the limitation of Chapter 17.58;

E.

Parking and temporary moving of construction equipment;

F.

Storage of materials incidental to the carrying on of a public works project, subdivision or other construction project;

G.

Real estate sales office or a development site;

H.

Garage or shed on development site;

I.

Model homes, model home sales offices;

J.

Such other uses as the planning director may consider to be within the intent and purposes of this chapter.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 7.04(A) (part), 1982)

An application for a temporary use permit shall be filed with the planning director by the owners or the authorized agent of owners of the parcels of property for which the permit is sought. The permit shall contain the following information:

A.

Name and address of applicant;

B.

Address and legal description of the property;

C.

A statement and maps, site plans, charts, diagrams, renderings and other data or exhibits which clearly define the use to be made of the property and its relationship to adjacent properties;

D.

Two maps showing all properties, public and private streets, alleys and pertinent easements within three hundred feet of the property described in the application. This requirement may be waived by the director of public works;

E.

Statement of the date and time the use is to cease;

F.

Such additional information as the planning director may require.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 7.04(B), 1982)

17.72.040 - Fee—Deposit.

A fee shall accompany the application in an amount to be established by resolution of the city council. In addition, the director may require a deposit not to exceed one hundred percent of the fee. The deposit is to be refunded to the applicant upon determination by the planning director within fifteen days after the use is scheduled to cease that the property has been restored to a clean, sanitary and usable condition.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 7.04(C), 1982)

The planning director may grant permits for temporary use of thirty days or less upon a finding that the use, under conditions imposed, will not have a significant adverse impact on adjacent properties and the community.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 7.04(D), 1982)

17.72.060 - Thirty-one to one hundred eighty days.

A.

The planning director may grant a temporary use for thirty to one hundred eighty days upon a finding that the use will not, under conditions imposed, have a significant adverse impact on adjacent properties or the community.

B.

A permit for use for thirty-one to one hundred eighty days shall be processed as if it were a minor variance.

C.

A permit processed under this section may be extended by the planning director for an additional one hundred eighty days and subsequently, by the city council, for one year.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 7.04(E), 1982)

Chapter 17.74 - NOTICES—SUSPENSIONS AND REVOCATIONS

Sections:

17.74.010 - Notice of required public hearings.

When public hearings are required by this title and reference is made to this section, such notice shall be given by:

A.

Publication at least once in a newspaper of general circulation within the city not less than ten days before the date of a scheduled public hearing. Such notice shall state the nature of the matter to be heard, the location of the property involved, and the time and place of the hearing; and

B.

Posting of notices of such hearing at a distance not more than one hundred feet apart along both sides of each and every street upon which the property abuts for a distance of not less than three hundred feet from the boundaries of the property. The nature of the proposed action shall be printed in plain type with letters not less than one inch in height and in addition in smaller type a statement describing the property involved and the character of the proposed action.

(Ord. 595 § 7.05, 1982)

Failure to comply with the provisions of this title or with the conditions which are a part of an approved permit or variance are cause for suspension and revocation of a permit or variance granted under terms of this title.

(Ord. 595 § 7.06(A), 1982)

The planning director may suspend a permit or variance for ninety days for failure to comply with the provisions of this title or the conditions which are a part of an approved permit or variance. The planning director shall notify the city council of his determination of noncompliance if such noncompliance has not been corrected at the end of sixty days following notice of violation having been given to the owners of the parcels of property which are in noncompliance. Thereafter, the city council may extend the suspension of the permit or variance for an additional one hundred eighty days and may initiate procedures to revoke the permit. Procedures to revoke a permit or variance shall be the same as those for granting the permit or variance.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 7.06(B), 1982)

Chapter 17.76 - INTERPRETATION OF PROVISIONS

Sections:

The planning director shall interpret the provisions of this title and, when requested by persons who believe they may be injured by an interpretation, shall prepare a written statement of such interpretation.

(Ord. 630 § 2, 1987: Ord. 595 § 7.07(A) (part), 1982)

Upon payment of an appeal fee established by resolution of the city council, a person who asserts that he may be injured by an interpretation of the provisions of this title by the planning director may file with the planning director a request for review by the planning commission. The director shall submit to the planning commission within thirty days the request for review and his report containing his interpretation, together

with such supporting data as he may deem necessary. The planning commission shall act on the request for review within thirty days of receipt of the request for review.

(Ord. 789 § 1 (part), 2004: Ord. 630 § 3 (part), 1987; Ord. 595 § 7.07 (A) (part), 1982)

Chapter 17.80 - BUILDING PERMITS—CERTIFICATES OF OCCUPANCY

Sections:

No building or structure, or part thereof, shall be erected after the effective date of the ordinance codified in this title unless a building permit has been issued for such work. No building permit shall be issued for the erection or use of any building or structure or part thereof, or for the use of any land, which is not in accordance with all the provisions of this title.

(Ord. 595 § 8.01, 1982)

17.80.020 - Building permit—Site plan required.

A.

All applications for building permits shall be accompanied by a site plan drawn to scale, showing the actual dimensions of the lot to be built upon, the location, height and area of the building to be erected and such other information as may be necessary for the enforcement of this title.

B.

Where a building is to be erected in any district and the proposed front yard is less than the prescribed minimum for the district in which the building is to be erected and when such minimum front yard is permitted to be reduced as hereinbefore specified, the site plan shall include the premises on both sides in the same block on which the premises' buildings have already been erected, together with the location of such buildings.

(Ord. 595 § 8.02, 1982)

A.

No building erected, moved, enlarged or altered shall be occupied, used or changed in use until a certificate of occupancy has been issued by the director of public works. Such certificate shall be applied for coincidentally with the application for a building permit and shall be issued only after such building, erection, enlargement or alteration has been completed in conformity with the provisions of this title and when the proposed use conforms thereto. Any use legally occupying an existing building at the time the ordinance codified in this chapter became effective may be continued but shall not be changed unless a certificate of occupancy for the new use has been issued by the director of public works, after finding that such use conforms with the provisions of this title and applicable ordinances.

B.

A certificate of occupancy shall also be applied for before any vacant land is used or before an existing use of vacant land is changed after the effective date of the ordinance codified in this chapter. No certificate of occupancy shall be required where the land is to be used for tilling the soil and the growing of farm, garden or orchard products.

(Ord. 595 § 8.03 (part), 1982)

17.80.040 - Certificate of occupancy—Content—Records.

A.

The certificate of occupancy shall state that the building or proposed use of a building or land complies with all the laws and ordinances and with the provisions of this title.

B.

A record of all certificates shall be kept on file by the director of public works and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building or land affected.

(Ord. 595 § 8.03 (part), 1982)

Chapter 17.82 - VIOLATIONS

Sections:

17.82.010 - Abatement, removal and enjoinment—Citizen duty to aid enforcement.

A.

Any building or structure erected or maintained and/or any use of property contrary to the provisions of this title is unlawful and a public nuisance and the city attorney shall, upon order of the city council, 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 or remove such building, structure or use and restrain and enjoin any person from setting up, erecting or maintaining such building or structure, or using any property contrary to the provisions of this title.

B.

It shall be the right and duty of every citizen to participate and assist the city officials in the enforcement of this title.

(Ord. 595 § 8.04, 1982)

Any person violating, or anyone acting in behalf of a person violating, any of the provisions of this title shall, upon conviction thereof, be subject to a fine or imprisonment or both such fine and imprisonment to the maximum penalty permitted by the law of the state for a misdemeanor. Each day that a violation of this title is continued or permitted to exist without compliance shall constitute a separate offense punishable upon conviction in the manner prescribed in this section.

(Ord. 595 § 8.05, 1982)

Chapter 17.84 - REASONABLE ACCOMMODATION PROCEDURE[[14]]

Footnotes:

--- ( 14 ) ---

Editor's note— Ord. No. 934, § 7, adopted February 11, 2025, repealed the former Ch. 17.84, §§ 17.84.010—17.84.070, and enacted a new Ch. 17.84 as set out herein. The former Ch. 17.84 pertained to similar subject matter and derived from Ord. No. 862, § 9, adopted October 8, 2013.

A.

The intent of this chapter is to provide flexibility in the application of the city's zoning and building code requirements for persons with a disability when flexibility is necessary to eliminate barriers to housing opportunities. This chapter will facilitate compliance with fair housing laws and promote housing opportunities for residents of Blythe.

B.

The purpose of this chapter is to establish a procedure for persons with disabilities to make requests for a reasonable accommodation in the application of the city's land use, zoning, and building laws, rules, policies, practices, and procedures pursuant to fair housing laws to ensure equal access to housing.

(Ord. No. 934, § 7, 2-11-25)

The following words, terms and phrases when used in this chapter shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

A.

"Department" means the development services department.

B.

"Director" means the development services director or the director's designee.

C.

"Eligible person" means a person with a disability, a representative of such person, or a developer of housing for persons with disabilities.

D.

"Fair housing laws" means the Fair Housing Amendments Act of 1988 (42 U.S.C. Section 3601 et seq.), including reasonable accommodation required by 42 U.S.C. Section 3604(f)(B)(3), and the California Fair Employment and Housing Act (California Government Code Section 12900 et seq.), as any of these statutory provisions may be amended from time to time.

E.

"Person with a disability" is any person who has a physical or mental impairment that limits one or more major life activities; anyone who is regarded as having such impairment; or anyone who has a record of such impairment.

F.

"Reasonable accommodation" means providing persons with disabilities or developers of housing for persons with disabilities flexibility in the application of land use, zoning, and building regulations, policies, practices, and procedures, or waiving certain requirements when it is necessary to eliminate barriers to housing opportunities.

G.

"Request for reasonable accommodation" means a request to modify land use, zoning, or building regulations, policies, practices, or procedures in order to give persons with disabilities an equal opportunity to use and enjoy housing opportunities.

(Ord. No. 934, § 7, 2-11-25)

17.84.030 - Procedure for requesting a reasonable accommodation.

A.

Any eligible person may request a reasonable accommodation in the city's land use, zoning, or building laws, rules, policies, practices, and/or procedures by filing an application with the department on the form provided by the department.

B.

The application shall include the following information:

1.

Name, address, and telephone number of the individual(s) requesting reasonable accommodation;

2.

Address of the property for which the request is being made;

3.

Name and address of the property owner(s) of the property for which the request is being made.

4.

Description of the requested accommodation and the regulation(s), policy(ies) or procedure(s) for which accommodation is sought.

5.

Reason that the requested accommodation may be necessary for the individual(s) with the disability to use and enjoy the dwelling.

C.

If necessary to reach a determination on the request for reasonable accommodation, the city may request further information from the applicant consistent with fair housing laws, specifying in detail the information that is required.

D.

Any information submitted as part of a reasonable accommodation request shall be kept confidential, shall be retained in a manner so as to respect the privacy rights of the applicant, and shall not be made available for public inspection.

E.

If an individual needs assistance in making the request for reasonable accommodation, the city will provide assistance to ensure that the process is accessible.

(Ord. No. 934, § 7, 2-11-25)

17.84.040 - Timing of request.

A.

A request for reasonable accommodation may be filed at any time that the accommodation may be necessary to ensure equal access to housing.

B.

If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (e.g., conditional use permit), then, to the extent feasible, the applicant shall file the request for reasonable accommodation together with the related application for discretionary approval.

(Ord. No. 934, § 7, 2-11-25)

17.84.050 - Review procedures and decision on application.

A.

The director shall have the authority to consider and act on requests for reasonable accommodations and shall make reasonable accommodations in laws, rules, policies, practices, procedures, or services when those accommodations may be necessary to afford persons with disabilities equal opportunities to use and enjoy housing opportunities.

B.

The director shall issue a written determination on a request for reasonable accommodation within a timely manner but no later than thirty days of the date of receipt of a completed application and may (1) grant the accommodation request; (2) grant the accommodation request subject to specified nondiscriminatory conditions of approval; or (3) deny the request. All written determinations shall give notice of the right to appeal. The notice of determination shall be sent to the applicant by first class mail or in a format reasonably requested by the applicant.

C.

If necessary to reach a determination on the request for reasonable accommodation, the director may request further information from the applicant consistent with this chapter, specifying in detail what information is required. In the event a request for further information is made, the thirty-day period to issue a written determination shall be stayed until the applicant reasonably responds to the request.

D.

For requests for a reasonable accommodation involving related application(s) for discretionary approval, the application shall be processed and considered separately from any discretionary elements of the same proposal. If the request for a reasonable accommodation cannot be effectuated until a final decision is rendered on the related discretionary approval(s), a "provisional decision" may be granted within the thirtyday timeframe and shall become final at the same time as the discretionary approval(s). The application(s) for the discretionary approval(s) shall be separately considered and shall be subject to the procedures specified in the applicable chapter of this title. The appropriate decision making body shall act on all discretionary permits, but not the reasonable accommodation request.

(Ord. No. 934, § 7, 2-11-25)

A.

In order to grant a request for reasonable accommodation, the director shall make the following findings:

1.

The housing which is the subject of the request for reasonable accommodation will be used by one or more persons with disabilities protected under fair housing laws.

2.

The accommodation is necessary to make specific housing available to one or more persons with disabilities protected under fair housing laws.

3.

The requested accommodation will not impose an undue financial or administrative burden on the city.

4.

The requested accommodation will not require a fundamental alteration of the zoning or building laws, policies, and/or procedures of the city.

B.

If, based upon all of the evidence presented to the director, the findings set forth in this section may reasonably be made, the director shall grant the requested reasonable accommodation.

C.

None of the findings set forth in this section are intended to supersede any other findings which may be required for a discretionary permit that is reviewed concurrently with the request for reasonable accommodation.

(Ord. No. 934, § 7, 2-11-25)

17.84.070 - Finality of decision.

A.

For requests for reasonable accommodations not involving one or more related land use permits, a decision by the director shall become final ten calendar days after the date of the decision, unless appealed as set forth in Section 17.84.080.

B.

For requests for reasonable accommodations involving related land use permits, a decision by the director shall become final ten calendar days after the date of the decision of the related land use permit or the date of the provisional decision, whichever is later, unless appealed as set forth in Section 17.84.080.

(Ord. No. 934, § 7, 2-11-25)

A.

Within ten calendar days of the date of the director's written decision, an applicant may appeal an adverse decision. Appeals from the adverse decision shall be made in writing. In the event that the last date of appeal falls on a weekend, holiday or when city offices are closed, the next date such offices are open for business shall be the last date of appeal.

B.

If an individual needs assistance in filing an appeal on an adverse decision, the city will provide assistance to ensure that the appeal process is accessible.

C.

All appeals shall contain a statement of the grounds for the appeal. Any information submitted as part of the appeal shall be kept confidential, shall be retained in a manner so as to respect the privacy rights of the applicant, and shall not be made available for public inspection.

D.

Appeals shall be heard by the city manager within thirty days of filing an appeal. The city manager shall issue a written decision within ten days of the hearing and the decision shall be final.

E.

Nothing in this procedure shall preclude an aggrieved individual from seeking any other state or federal remedy available.

(Ord. No. 934, § 7, 2-11-25)

17.84.090 - Notice to public of availability of accommodation process.

Notice of the city's reasonable accommodation procedures along with the application form shall be displayed at public information counter of the department and on the city's website. City employees shall direct individuals to such documents whenever they are requested to do so or reasonably believe that persons with disabilities or their representatives may be entitled to a reasonable accommodation.

(Ord. No. 934, § 7, 2-11-25)