Sec. 33.01. - Major use permits.

Major use permits, which may be revocable, conditional or valid for a term period, may be issued by the planning commission for any of the uses or purposes for which such permits are required or permitted by the terms of this ordinance. Guarantees to insure compliance with terms and conditions may be required by the commission.

(a)

Major Use Permit Application and Fee.

1.

Application for a major use permit shall be made to the city planning department in writing on a form prescribed by the city and shall be accompanied by plans and elevations necessary to show details of the

proposed use or building. Such application shall be accompanied by a fee in an amount as established from time to time by resolution of the city council and of which no part shall be returnable to the applicant.

2.

The planning commission shall hold a public hearing within sixty days after filing of an application for a major use permit. Notice of use shall be given by one publication in a newspaper of general circulation published in the City of Colusa and by mailing notice to the applicant and owners of all property within three hundred feet of any boundary of the lot or parcel for which the use permit has been filed, as such owners are shown on the last equalized assessment roll of the County of Colusa. Notice in each case to be given at least ten days prior to such hearing for categorically exempt applications under CEQA, and twentyone days for applications under CEQA for negative declarations and/or environmental impact reports prior to such hearing.

(b)

Action by the Planning Commission.

1.

The findings of the planning commission shall be that the establishment, maintenance or operation of the use or building applied for will or will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of such proposed use, or to be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city.

2.

After making findings the planning commission shall either approve, with or without conditions, or deny said major use permit.

(c)

Revocation.

1.

In any case where the conditions of the granting of a major use permit have not been, or are not, complied with, the planning commission shall give notice to the permittee of intention to revoke such permit at least ten days prior to a hearing thereon. Following such hearing the planning commission may revoke such permit.

2.

In any case where a major use permit has not been used within one year after the date of granting thereof, then without further action by the planning commission the use permit granted shall be null and void.

(d)

Appeal.

Appeal from any finding or action of the planning commission may be made in, writing to the city council within ten days from the date of the commission's action. Such application shall be accompanied by a fee in an amount as established from time to time by resolution of the city council.

(e)

Whenever a major use permit is granted, the county assessor shall be so notified within thirty days of such action.

Sec. 33.02. - Minor or administrative use permits.

Minor use permits, which may be revocable, conditional or valid for a term period, may be issued by the planning director for any of the uses or purposes for which such permits are required or permitted by the terms of this ordinance. Guarantees to insure compliance with terms and conditions may bee required by the director.

(a)

Minor Use Permit Application and Fee.

1.

Application for a minor use permit shall be made to the city planning department in writing on a form prescribed by the city and shall be accompanied by plans and elevations necessary to show details of the proposed use or building. Such application shall be accompanied by a fee in an amount as established from time to time by resolution of the city council.

2.

The planning director shall hold an administrative hearing within sixty days after filing of an application for a minor use permit, notice of which shall be given by one publication in a newspaper of general circulation published in the City of Colusa and by mailing notice to the applicant and owners of all property within three hundred feet of any boundary of the lot or parcel for which the minor use permit has been filed, as such owners are shown on the last equalized assessment roll of the County of Colusa. Notice in each case to be given at least ten days prior to such hearing for categorically exempt applications under CEQA, and twenty-one days for application for negative declaration and/or environmental impact reports prior to such hearing.

(b)

Action by the Planning Director.

1.

The findings of the planning director shall be that the establishment, maintenance or operation of the use or building applied for will or will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of such proposed use, or to be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city.

(c)

Revocation.

1.

In any case where the conditions of the granting of a minor use permit have not been, or are not, complied with, the planning director shall give notice to the permittee of intention to revoke such permit at least ten days prior to a hearing thereon. Following such hearing the planning director may revoke such permit.

2.

In any case where a minor use permit has not been used within one year after the date of granting thereof, then without further action by the planning director said permit granted shall be null and void.

(d)

Appeal.

Appeal from any finding of action of the planning director may be made in writing to the city planning commission within ten days from the date of the director's action. Such application shall be accompanied by a fee in an amount as established from time to time by resolution of the city council.

Appeal from any finding or action of the planning commission may be made in writing to the city council within ten days from the date of the commission's action. Such application shall be accompanied by a fee in an amount as established from time to time by resolution of the city council.

(e)

Whenever a minor use permit is granted, the county assessor shall be so notified within thirty days of such action.

Sec. 33.03 - Cannabis and cannabis dispensary special use permit application and fee.

Commercial cannabis business special use permits, which may be revocable, conditional, or valid for a term period, may be issued by the city council for any of the uses or purposes for which such permits are required or permitted by the City of Colusa Municipal Code. Guarantees to ensure compliance with terms and conditions may be required by the city council. For the purposes of this section, all references to cannabis permits in the subsections of this section 33.03 shall apply equally to cannabis dispensary special use permit applications, fees, issuance, and permits.

(a)

Cannabis business Special Use Permit Application and Fee.

1.

Application for a cannabis business special use permit shall be made to the city planning department in writing on a form prescribed by the city and shall be accompanied by plans and elevations necessary to show details of the proposed use or building. Such application shall be accompanied by a fee in an amount

as established from time to time by resolution of the city council and of which no part shall be returnable to the applicant. The application shall be presented directly to the city council for action.

2.

The city council shall hold a public hearing within sixty days after filing of an application for a cannabis business special use permit. Notice of use shall be given by one publication in a newspaper of general circulation published in the City of Colusa and by mailing notice to the applicant and owners of all property within three hundred feet of any boundary of the lot or parcel for which the cannabis business special use permit has been filed, as such owners are shown on the last equalized assessment roll of the County of Colusa. Notice in each case to be given at least ten days prior to such hearing for categorically exempt applications under CEQA, and twenty-one days for applications under CEQA for negative declarations and/or environmental impact reports prior to such hearing.

(b)

Action by the city council.

1.

The findings of the city council shall be that the establishment, maintenance or operation of the use or building applied for will or will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use, or to be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city.

2.

After making findings the city council shall either approve, with or without conditions, or deny said cannabis special use permit.

(c)

Revocation.

1.

In any case where the conditions of the granting of a cannabis business special use permit have not been, or are not, complied with, the city council shall give notice to the permittee of intention to revoke such permit at least ten days prior to a hearing thereon. Following such hearing the city council may revoke such permit.

2.

In any case where a cannabis business special use permit has not been used within one year after the date of granting thereof, then without further action by the city council the use permit granted shall be null and void.

(d)

Decision of the city council Final. The decision of the city council shall be a final decision and appeal from said action shall be by writ of mandate in superior court.

(e)

Whenever a cannabis special use permit is granted, the county assessor shall be so notified within thirty days of such action.

(f)

The cannabis business special use permit shall be issued to the operator, be conditional upon issuance and holding of a valid cannabis regulatory permit, and shall not run with the land.

(g)

No cannabis business special use permit shall be issued until the city council approves a development agreement and a regulatory permit for the site, or until after the effective date of an approved ballot measure authorizing the taxation of commercial cannabis cultivation in the city.

(h)

The cannabis business special use permit shall run with the regulatory permit and not the land.

(Ord. No. 559, § 2, 11-21-2023)

Editor's note— Ord. No. 559, § 2, adopted November 21, 2023, repealed the former § 33.03, and enacted a section as set out herein. The former Art. X pertained to similar subject matter and derived from Ord. No. 519, § 6, 7-18-2017; Ord. No. 551, § 6(Exh. B), adopted May 17, 2022.

Article 34. - Variances.

Sec. 34.01. - Variances.

Where practical difficulties, unnecessary hardships or results inconsistent with the purposes and intent of this ordinance may result from the strict application of certain area, height, yard and space requirements thereof, variances in such requirements may be granted, as provided in this section, by the planning commission.

(a)

Variance Application and Fee.

1.

Application for a variance shall be made to the city planning department in writing on a form prescribed by the city. Such application shall be accompanied by a fee in an amount as established from time to time by resolution of the city council, statements, plans and other evidence showing:

a.

That, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the Zoning Ordinance provisions deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.

b.

That granting of the variance requested will 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.

That the granting of such application will not, under the circumstances of the particular case, materially affect adversely the health, or safety of persons residing or working in the neighborhood of the property of the applicant, and will not, under the circumstances of the particular case, be materially detrimental to the public welfare or injurious to property or improvements in said neighborhood.

2.

A public hearing shall be held within sixty days after a filing of application for a variance, notice of which shall be given by one publication in a newspaper of general circulation published and circulated in the City of Colusa and by mailing notice to the applicant and owners of all property within three hundred feet of any boundary of the lot or parcel for which the variance has been filed, as such owners are shown on the last equalized assessment roll of the County of Colusa. Notice in each case is to be given at least ten days prior to such public hearing.

(b)

Action by the Planning Commission.

1.

Within thirty days after the public hearing the planning commission shall make a finding of facts showing whether the qualifications under Section 34.01 apply to the land, building or use for which variance is sought and whether such variance shall be in harmony with the general purposes of this ordinance.

2.

After making findings the planning commission shall either approve, with or without conditions, or deny said variance.

(c)

Appeal.

Appeal from any such action of the planning commission may be made in writing to the city council within ten days from the date of the planning commission's action. Such application shall be accompanied by a fee in an amount as established from time to time by resolution of the city council.

(d)

Revocation.

1.

In any case where the conditions to granting of a variance have not, or are not, complied with, the planning commission shall give notice to the permittee of intention to revoke such variance at least ten days prior to a hearing thereon. After conclusion of the hearing, the commission may revoke such variance.

2.

In any case where a variance has not been used within one year after the date of granting thereof, then without further notice or action by the planning commission, the variance granted shall be null and void.

(e)

Whenever a variance is granted, the county assessor shall be so notified within thirty days of such action.

Article 35. - Nonconforming Uses.

Sec. 35.01. - Continuation of existing nonconforming uses.

(a)

The lawful use of the land exiting at the time of the passage of this ordinance, although such use does not conform to the provisions hereof, may be continued, provided, however, that nonconforming commercial and industrial uses operated on open land not accessory to a permanent building on the site may be continued for a period not longer than five years after such uses become nonconforming.

(b)

In all "R" districts, every nonconforming building or structure which was designed, arranged or intended for a use permitted only in districts other than "R" districts shall be completely removed, or altered and converted to a conforming building, structure or use when such buildings or structures have reached or may hereafter reach, the ages hereinafter specified, computed from the date the building was erected. In the case of buildings defined in the Building Code effective in the city at the effective date of this ordinance: Class I and II, forty years; Class III and VI, thirty years; Class V, twenty years. Provided, however, that this regulation shall not become operative until twenty years from the effective date of this article.

(c)

If any nonconforming use is abandoned or discontinued for any reason, subsequent use of such land shall be in conformity with the provisions of this ordinance. The discontinuance of a nonconforming use for a period of six months or more is, in itself prima facie evidence of abandonment.