Colfax Municipal Code Ch. 17.32 Permit and Variance Requirements

In addition to any other approval required by this code or by applicable law, the following discretionary approvals may be required:

A. Administrative Permit (AP). An administrative permit shall be obtained pursuant to this title prior to initiation of certain activities or construction of improvements which are permitted pursuant to this title and only upon substantial compliance with specific standards as specified in this title. The approval authority for administrative permits shall be the planning director, and following public notice, he or she may waive the requirement for a public hearing. If a public hearing is requested, the planning director shall schedule and notice the permit for public hearing by the planning commission except as otherwise specified by this title.

B. Conditional Use Permit (CUP). A conditional use permit shall be obtained prior to initiation of a use pursuant to Article III, and upon compliance with specific standards, as applicable, of Articles IV and V of this title. The approval authority for conditional use permits shall be the planning commission.

C. Design Review Permit (DRP). A design review permit shall be obtained prior to the issuance of a building permit for any new construction; exterior remodeling; site design and circulation modifications (except as specified below), including parking; modification of a previously approved use permit for site review, or site review; new, modified or alterations to landscaping; addition of mechanical equipment; gateway/entrances (see definitions); modification or alteration of driveway locations; relocating or moving buildings; demolition of a significant building as defined in Chapter 17.200 of this title; and as otherwise required by this title. Except for dwellings in a new residential subdivision or projects involving a significant building, as defined in this title, a design review permit is not required for a single-family residence . The approval authority for a design review permit shall be as provided in subsection C.2., below.

1. Improvements Exempt From Design Review Permit for Multi-family, Commercial and Industrial projects. The following improvements are exempt from the requirements to obtain a design review permit provided the planning director determines, in writing, that the project is substantially consistent with applicable, adopted design guidelines, existing development and adjacent land uses and the project consists of one or more of the following activities:

a. Repair and maintenance including repainting and replacement;

b. Replacement of landscaping or landscape fencing provided that the planted area is not diminished thereby;

c. New landscaping or landscape fencing within designated landscape easements for which landscape guidelines have been approved, if the landscaping is consistent with such guidelines;

d. Modifications to parking areas including compliance with Americans with Disabilities Act and re-striping where there is no net decrease in the number of parking spaces;

e. Minor building facade improvements such as the rearrangement, modification to or addition of doors, windows and awnings;

f. Addition of security facilities including security gates and gate houses at a project entrance;

g. Other minor alterations, enlargements or remodels to existing buildings, structures and/or improvements (including new construction on partially developed properties) that (1) do not create the need for new parking nor affect existing or required parking; and (2) are in substantial compliance with applicable, adopted design guidelines; and (3) are substantially compatible with the existing structure and complimentary to the adjacent land uses.

2. Approval Authority.

a. Planning Director (Administrative Design Review Permit).

(1) The planning director may approve, conditionally approve or deny a design review permit for projects that are not otherwise exempt, except those identified as required by this title to be reviewed by the planning commission (Section 2.b. below). If in the opinion of the planning director, a project is not in substantial compliance with applicable, adopted design guidelines, prior conditions of approval, or if the planning director determines that, because of location, size or design that the public hearing should not be waived, the planning director shall refer the project for public hearing by the planning commission. The planning director shall determine whether the project is to be heard by the planning commission. The planning director may approve design review permit extensions and modifications, including changes in project phasing.

b. Planning Commission. The planning commission may approve, conditionally approve or deny any design review permit processed in conjunction with any permit where the planning commission has been identified as the approval authority including:

(1) A design review permit where it is determined by the planning director that because of location, size, design or community interest, a design review permit requires planning commission action;

(2) A design review permit in association with an application to modify the zoning ordinance, zoning map or general plan;

(3) A design review permit submitted concurrently with a tentative subdivision map, conditional use permit, or planned development;

(4) Any project involving demolition of a significant building.

3. Deviations After Approval of Design Review Permit. The planning director may approve any changes in those instances where construction/installation deviations are necessitated due to topography, utilities, or soil conditions (geotechnical) after approval of the design review permit. This type of change(s) shall not require the applicant to process additional design review applications. The planning director may also approve deviation of color and plants species after approval of the design review permit. This type of change(s) shall not require the applicant to process additional design review applications.

D. Sign Permit (SP). No sign may be erected, displayed, reconstructed or altered until a sign permit is granted as set forth in Chapter 17.112 and a building permit (when applicable) has been issued. The approval authority for a sign permit is the planning director (known as an administrative sign permit). The planning director may also delegate administrative sign permit review and approval to other city employees. The planning director also has the discretion to elevate a sign permit application to the planning commission. The planning commission is the approval authority for sign permit projects that have been elevated by the planning director, and for sign permit projects processed in conjunction with any permit where the planning commission has been identified as the approval authority, such as a conditional use permit, rezone or general plan amendment.

The planning director may approve deviation of letter type fonts after approval of a sign permit. This type of change shall not require the applicant to process an additional sign permit application.

E. Extension (EXT). An extension shall be obtained pursuant to the requirements of Section 17.36.210. The approval authority for extensions shall be the planning director, unless the planning director determines that a public hearing is required. The planning commission shall be the approval authority for any extensions requiring a public hearing.

F. Modification (MOD). A modification shall be obtained pursuant to the requirements of Section 17.36.180. The approval authority for modifications shall be the planning director, unless the planning director determines that a public hearing is required. The planning commission shall be the approval authority for any modifications requiring a public hearing.

G. Planned Development (PD). The planning commission shall first make a recommendation to the city council on a Planned Development. The city council is the approval authority for planned developments.

H. General Plan Amendment (GPA). The planning commission shall first make a recommendation to the city council on a general plan amendment. The city council is the approval authority for projects that involving a general plan amendment.

I. Rezone (REZ). The planning commission shall first make a recommendation to the city council on a rezone. The city council is the approval authority for projects involving a rezone.

J. Development Agreements (DA). The planning commission shall first make a recommendation to the city council on a development agreement. The city council is the approval authority for a development agreement.

(Ord. No. 519, 8-8-2012; Ord. No. 555, § 1(Exh. A), 10-11-2023)

A. Variance (VAR). A variance shall be obtained to allow deviation from the provisions of this title governing the application of development standards such as parking requirements, lot size, width, setbacks, area and height requirements thereof exceeding thirty-five (35) percent of the development standard. No variances from permitted uses for any zone district as set forth in this title shall be granted. A variance to reduce parking requirements shall not be processed administratively. The approval authority for variances shall be the planning commission, except as otherwise identified by this chapter.

B. Variances, Administrative. Any deviations from this title governing the application of development standards such as lot size, width, setbacks, area and height requirements thereof up to thirty-five (35) percent of the development standard or those relating to accessory structures shall be processed administratively by the planning director.

(Ord. No. 519, 8-8-2012)

Whenever a proposed development or use requires the issuance of more than one permit or variance, the applicable processing requirements of this chapter shall apply simultaneously. If any of the concurrent permits or variances are subject to both the administrative review process and the public hearing process, such permit shall instead be reviewed by the approval authority for the permit or variance requiring a public hearing.

(Ord. No. 519, 8-8-2012)