Chapter 17.20 — DEVELOPMENT AND LAND USE APPROVAL REQUIREMENTS

This chapter describes the city's requirements for the approval of proposed development and new land uses. The permit requirements established by this development code for specific land uses are in Chapters 17.21 through 17.28.

Each land use and/or structure shall be established, constructed, reconstructed, altered, moved or replaced in compliance with the following requirements:

A.

Allowable Use. The land use shall be allowable by this development code in the zone applied to the site. The basis for determining whether a use is allowable is described in Section 17.20.030 (allowable land uses and planning permit requirements).

B.

Permit and Approval Requirements. Any planning permit or other approval required by Section 17.20.030 (allowable land uses and planning permit requirements) shall be obtained before the issuance of any required grading, building, or other construction permit, and before the proposed use is constructed, otherwise established or put into operation, unless the proposed use is listed in Section 17.20.040 (exemptions from planning permit requirements).

C.

Development Standards, Conditions of Approval. Each land use and structure shall comply with the development standards of this chapter, applicable standards and requirements in Articles 3 (site planning and project design standards), 4 (standards for specific land uses), 5 (resource management), and 6 (site development regulations), and any applicable conditions imposed by a previously granted planning permit.

D.

Legal Lot. The site of a proposed development or new land use shall be a lot that was legally created in compliance with the Subdivision Map Act and Article 8 (subdivision regulations and procedures).

A.

Allowable Land Uses. The uses of land allowed by this development code in each zone are listed in tables of allowable land uses in Chapters 17.21 through 17.26, together with the type of planning permit required for each use. Each land use listed in the tables is defined in Article 10 (glossary).

1.

Establishment of an Allowable Use.

a.

Any one or more land uses identified by the tables in Chapters 17.21 through 17.26 as being allowable within a specific zone may be established on any lot within that zone, subject to the planning permit requirements of Subsection B., and compliance with all applicable requirements of this development code.

b.

Where a single lot is proposed for development with two or more of the land uses listed in the tables at the same time, the overall project shall be subject to the highest permit level required by Subsection B. for any individual use. For example, a site proposed for development or occupancy with one use that is listed as permitted, and another use that is listed as requiring use permit approval shall require use permit approval for all development and uses.

2.

Use Not Listed.

a.

A land use that is not listed in the tables in Chapters 17.21 through 17.26 and is determined by the director to not be included in Article 10 (glossary) under the definition of a listed land use, is not allowed within the city, except as otherwise provided Subsection A.3, or Section 17.20.040 (exemptions from planning permit requirements).

b.

A land use that is not listed in the tables within a particular zone is not allowed within that zone, except as otherwise provided Subsection A.3, or Section 17.20.040 (exemptions from planning permit requirements).

3.

Similar and Compatible Use May be Allowed. The director may determine that a proposed use not listed in this article is allowable as follows:

a.

Required Findings. The director may determine that a proposed use is similar to and compatible with a listed use and may be allowed, only after first making all of the following findings with the determination:

(1)

The characteristics of, and activities associated with the use are similar to one or more of the listed uses, and will not involve a greater intensity than the uses listed in the zone;

(2)

The use will be consistent with the purposes of the applicable zone;

(3)

The use will be consistent with the general plan, and any applicable specific plan;

(4)

The use will be compatible with the other uses allowed in the zone; and

(5)

The use is not listed as allowable in another zone.

A determination that a use qualifies as a similar and compatible use, and the findings supporting the determination shall be in writing.

b.

Applicable Standards and Permit Requirements. When the director determines that a proposed, but unlisted, use is similar and compatible to a listed use, the proposed use will be treated in the same manner as the listed use in determining where it is allowed, what permits are required, and what other standards and requirements of this development code apply.

c.

Referral for Determination. The director may refer the question of whether a proposed use qualifies as a similar and compatible use directly to the commission for a determination at a public meeting.

d.

Appeal. A determination of similar and compatible use may be appealed in compliance with Chapter 17.91 (appeals).

B.

Permit Requirements. The tables listing allowable land uses in Chapters 17.21 through 17.26 provide for land uses that are:

1.

Permitted subject to compliance with all applicable provisions of this development code. These are shown as "P" uses in the tables;

Allowed subject to the approval of a minor use permit (Section 17.72.060), and shown as "MUP" uses in the tables;

3.

Allowed subject to the approval of a use permit (Section 17.72.060), and shown as "UP" uses in the tables;

4.

Allowed subject to the type of city approval required by a specific provision of Chapter 17.44 (standards for specific land uses), and shown as "S" uses in the tables; and

5.

Not allowed in particular zones, and shown as "C" in the tables.

Note: A permitted land use, or a use authorized through the approval of a minor use permit or use permit may also require a development review permit (Section 17.72.030), a building permit, and/or other permit required by the Municipal Code.

A.

Purpose and Intent. It is the purpose and intent of this chapter to preclude marijuana cultivation and marijuana dispensaries within the city.

B.

Definitions. The words and phrases included in the section shall have the following meanings, unless it is clearly apparent from the context that another meaning is intended:

1.

"Marijuana" is defined as that term is defined in Health and Safety Code section 11018 as that section may be amended from time to time.

2.

"Marijuana Dispensary" means a cooperative, collective, dispensary, operator, establishment, provider, association or similar entity that cultivates, distributes, dispenses, stores, exchanges, processes, delivers, makes available, transmits and/or gives away marijuana in the city for any purpose, including a mobile marijuana dispensary as defined in Chapter 5.60 of this Code.

3.

"Marijuana Cultivation" means the planting, growing, harvesting, drying or processing of marijuana plants or any part thereof.

C.

Marijuana Cultivation Prohibited.

1.

Marijuana cultivation is not a permitted use and is prohibited in all zones throughout the city. No permit or any other applicable license or entitlement for use, not any business license, shall be approved or issued for marijuana cultivation within the city.

2.

Marijuana cultivation within the city is declared to be a public nuisance and may be abated by the city either pursuant to the Grass Valley Municipal Code or any other available remedies, including, but not limited to, declaratory relief and civil injunctions.

D.

Marijuana dispensaries Prohibited.

1.

Marijuana dispensary is not a permitted use and is prohibited in all zones throughout the city. No permit or any other applicable license or entitlement for use, not any business license, shall be approved or issued for the establishment, maintenance or operation of a marijuana dispensary within the city.

2.

The establishment, maintenance or operation of a marijuana dispensary within the city is declared to be a public nuisance and may be abated by the city either pursuant to the Grass Valley Municipal Code or any other available remedies, including, but not limited to, declaratory relief and civil injunctions.

e.

Violation and Enforcement. A violation of this section or non-compliance with any of the requirements of this chapter or applicable provisions of Title 17 (development code) or Grass Valley Municipal Code shall be subject to any enforcement remedies available under the law and/or the Grass Valley Municipal Code. In addition, the city may enforce the violation of this chapter by means of civil enforcement through a restraining order, a preliminary or permanent injunction or by any other means authorized by the law. Notwithstanding any other provisions of this Code, no conduct which is protected from criminal liability pursuant to the Compassionate Use Act (Health and Safety Code § 11362.5) and/or the Medical Marijuana Program Act (Health and Safety Code §§ 11362.7—11362.83) shall be made criminal by this Code.

training order, a preliminary or permanent injunction or by any other means authorized by the law. Notwithstanding any other provisions of this Code, no conduct which is protected from criminal liability pursuant to the Compassionate Use Act (Health and Safety Code § 11362.5) and/or the Medical Marijuana Program Act (Health and Safety Code §§ 11362.7—11362.83) shall be made criminal by this Code.

(Ord. No. 764B, § 2, 2-23-2016; Ord. No. 816, § 6, 6-28-2022)

The planning permit requirements of this development code do not apply to the land uses, structures, and activities identified by this section. These are allowed in all zones subject to compliance with this section.

A.

General Requirements for Exemption. The land uses, structures, and activities identified by Subsection B. below are exempt from the planning permit requirements of this development code only when:

1.

The use, activity or structure is established and operated in compliance with the setback requirements, height limits, and all other applicable standards of this article (zones, allowable uses, and zone standards), and Articles 3 (site planning and project design standards), 4 (standards for specific land uses), 5 (resource management), 6 (site development regulations) and, where applicable, Chapter 17.90 (nonconforming uses, structures, and parcels); and

2.

Any permit or approval required by regulations other than this development code is obtained (for example, a building permit).

B.

Exempt Activities and Land Uses. The following are exempt from the planning permit requirements of this development code when in compliance with Subsection A. above.

1.

Decks, Paths and Driveways. Decks, platforms, on-site paths, and driveways that are not required to have a building permit or grading permit.

2.

Fences and Walls. See Section 17.30.040 (fences, walls, and screening).

3.

Interior Remodeling. Interior alterations that do not increase the gross floor area of the structure, or change the permitted use of the structure.

Repairs and Maintenance.

a.

Single Dwellings. Ordinary repairs to, and maintenance of single dwellings.

b.

Multifamily, and Nonresidential Structures. Ordinary repairs to, and maintenance of multifamily residential and nonresidential structures, if:

(1)

The work does not change the approved land use of the site or structure, or add to, enlarge or expand the land use and/or structure; and

(2)

Any exterior repairs employ the same materials and design as the original construction.

5.

Small, Portable Residential Accessory Structures. A single portable structure per lot or unit, including premanufactured storage sheds or other small structures in residential zones, that are exempt from building permit requirements in compliance with the Municipal Code and the Uniform Building Code. Additional structures may be approved in compliance with Section 17.44.020 (accessory structures and uses), where allowed by the applicable zone.

6.

Solar Collectors. The addition of solar collectors to the roof or side of a building, provided that the collectors comply with applicable height limit requirements; and ground-mounted solar collectors that comply with the setback requirements and height limitations of the applicable zone and are not visible from off the site.

7.

Spas, Hot Tubs, and Fish Ponds. Portable spas, hot tubs, and constructed fish ponds, and similar equipment and structures that do not: exceed one hundred twenty square feet in total area including related equipment; contain more than two thousand gallons of water; or exceed three feet in depth.

8.

Utilities. The erection, construction, alteration, or maintenance by a public utility or public agency of utilities intended to service existing or nearby approved developments shall be permitted in any zone. These include: water; gas; electric; supply or disposal systems; including wires, mains, drains, sewers, pipes, conduits, cables, fire-alarm boxes, police call boxes, traffic signals, hydrants, etc., but not including new transmission lines and structures. Satellite and wireless communications antennas are not exempt, and are instead subject to Chapter 17.46 (telecommunications facilities).

Requirements for establishing a temporary use (for example, a construction yard, seasonal sales lot, special event, temporary office trailer, etc.) are in Section 17.72.040 (limited term permits).