Chapter 17.12 — DEVELOPMENT AND LAND USE APPROVAL REQUIREMENTS

This chapter provides general requirements for the approval of proposed development and new land uses in the city. The land use permit requirements established by this development code for specific land uses are in Chapters 17.14 through 17.28, and in Article 3.

(Ord. No. 1869, § 2, 2-20-2013)

All uses of land and/or structures shall be established, constructed, reconstructed, altered, or replaced, in compliance with the following requirements:

A.

Allowable Use. The use of land shall be identified by Chapters 17.18 (Residential Zoning Districts), 17.20 (Commercial Zoning Districts), 17.22 (Mixed Use Zoning Districts), 17.24 (Industrial Zoning Districts), 17.26 (Special Purpose Zoning Districts), or 17.28 (Overlay Zoning Districts) as being allowable in the zoning districts applied to the site. The director may determine whether a particular land use is allowable, in compliance with Section 17.12.030.

B.

Permit/Approval Requirements. Any land use permit or other approval required by Section 17.12.030 (Allowable Land Uses and Permit Requirements) shall be obtained before the proposed use is constructed, otherwise established or put into operation, unless the proposed use is listed in Section 17.12.040 (Exemptions from Land Use Permit Requirements).

C.

Development Standards. The use of land and/or structure shall comply with all applicable requirements of this development code, including the zoning district standards of this article, and the provisions of Article 3 (Site Planning and General Development Standards).

D.

Conditions of Approval. The use of land and/or structure shall comply with any applicable conditions imposed by any previously granted land use permit or other approval.

E.

Legal Parcel. The use of land and/or structures shall only be established on a parcel of land which has been legally created in compliance with the Subdivision Map Act and Article 5 (Subdivisions), as applicable at the time the parcel was created.

F.

Development Agreements. The use and/or structures shall comply with any applicable development agreement approved by the city in compliance with Chapter 17.44 (Development Agreements).

(Ord. No. 1869, § 2, 2-20-2013)

The uses of land allowed by this development code in each zoning district are identified in Chapters 17.18, 17.20, 17.22, 17.24, 17.26, and 17.28 together with the type of land use permit required for each use.

A.

Permit Requirements. Tables 2-4, 2-6, 2-8, 2-10, and 2-12 provide for land uses that are:

Allowed uses subject to compliance with all applicable provisions of this development code, subject to first obtaining a building permit or other permit required by the municipal code. These are shown as "A" uses in the tables; and

Allowed subject to the approval of a use permit (Section 17.40.040), and shown as "UP" uses in the tables.

Allowed subject to the approval of a minor use permit, and as shown as "MUP" uses in the tables.

Not allowed in particular zones and shown as "—" uses in the tables.

Note: Design review may also be required for certain uses and types of development. Design review requirements are established by Section 17.40.020.

B.

Multiple Uses on a Single Site. Where a proposed project includes multiple land uses, and Tables 2-4, 2-6, 2-8, 2-10, and 2-12 require different land use permits for some of the uses, each use shall be authorized through the approval of the permit required for the specific use.

C.

Uses Not Listed. Land uses that are not listed in Tables 2-4, 2-6, 2-8, 2-10 or 2-12, or are not shown in a particular zoning district are not allowed, except as otherwise provided by Section 17.02.020 (Rules of Interpretation), or Section 17.12.040 (Exemptions from Land Use Permit Requirements).

(Ord. No. 1869, § 2, 2-20-2013)

The land use permit requirements of this development code do not apply to the activities, uses of land and/or structures identified by this section. However, nothing in this section shall eliminate the requirements of the municipal code for obtaining grading, building, and/or other construction permits prior to starting any work.

A.

Governmental Facilities. Facilities of the city; the Lodi unified school district (LUSD); and facilities of the county, state, or the federal government on land owned or leased by a governmental agency, for governmental operations, to the extent that exemption is required by state or federal law.

B.

Interior Remodeling. Interior alterations that do not increase the number of rooms or the gross floor area within the structure, or change the approved use of the structure.

C.

Reconstruction of Destroyed Uses and Structures. A use of land and/or structure destroyed by fire or natural disaster may be re-established as it existed, provided that:

It was legally established and in compliance with this development code before destruction; and

Reconstruction occurs in compliance with all applicable building, electrical, mechanical, and plumbing code requirements.

See Section 17.68.020 regarding repairs to nonconforming structures.

D.

Repairs and Maintenance. Ordinary repairs and maintenance, if:

The work does not result in any change in the approved land use of the site or structure, addition to, or enlargement/expansion of the land use and/or structure; and

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

(Ord. No. 1869, § 2, 2-20-2013)

Where a site is divided by one or more zoning district boundaries, the site shall be developed in compliance with the requirements of each district, as applicable. For example, if a site is zoned both commercial and residential, the portion of the site zoned commercial shall be developed in compliance with the commercial zoning regulations, and the portion zoned residential shall be developed in compliance with the requirements of the applicable residential district.

(Ord. No. 1869, § 2, 2-20-2013)

Requirements for establishing a temporary use (e.g., construction yards, seasonal sales lots, special events, temporary office trailers, etc.) are in Section 17.40.030 (Temporary Use Permits).

(Ord. No. 1869, § 2, 2-20-2013)

An allowed land use that has been granted a land use permit, or is exempt from a land use approval, may still be required to obtain city permits or approvals before the use is constructed, or otherwise established and put into operation. Nothing in this division shall eliminate the need to obtain any permits or approvals required by:

A.

Other municipal code provisions, including: building, grading or other construction permits or a business license if required by municipal code; or

B.

Any applicable county, or any regional, state or federal agency regulations. All necessary permits shall be obtained before starting work or establishing new uses.

(Ord. No. 1869, § 2, 2-20-2013)