Part 3 — Administrative Permits

The administrative permit and use permit processes provide for uses that cannot be readily classified as principally permitted uses in individual zones. Because of their unusual characteristics, these uses require special review and control so that they may be located and developed properly with respect to the objectives of this Code and to their effects on surrounding properties.

Land uses that require an administrative permit are less likely to have as great an impact on the neighborhood and are more similar to the zone's principally permitted uses than those land uses requiring a use permit. The review and granting of administrative permits and use permits shall be a discretionary administrative action.

(§ 1, Ord. 933, eff. September 19, 1997, as amended by § 198, Ord. 1095, eff. November 20, 2010, and § 3, Ord. 1119, eff. July 18, 2014)

The Planning Director shall review and evaluate administrative permit applications for conformance with the standards and criteria set forth in the pertinent sections of this Code.

• (a) Action. Upon completion of the review and evaluation of an application for an administrative permit, the Planning Director, or other appropriate authority shall either:

  • (1) Make such findings or other determination as is required by the pertinent sections of this Code and approve the application; or

  • (2) Notify the applicant of the changes and modifications required for approval of the application; or

  • (3) Deny the administrative permit. The Planning Director authority shall deny the permit if:

    • (A) The permit cannot be modified or conditioned adequately to insure compliance with applicable regulations, or

    • (B) The application has caused sufficient controversy that the Planning Director believes a public hearing by the Planning Commission is appropriate, or

    • (C) The proposed development will be incompatible, injurious, or a nuisance to surrounding properties, or the public health, safety, and general welfare.

• (b) Time period. Within 21 days of receipt of a complete application as acknowledged by the Planning Director for an administrative permit, the Planning Director shall take such action as is specified in subsection (a) of this section. This time limit shall not apply when an administrative permit application is made concurrently with an application for a conditional use permit, variance, special exception or zone change. The 21 day time period may be extended with the written consent of the applicant. If the Planning Director does not act within the specified time period or extension thereof, the application shall be deemed to have been denied.

• (c) Consent of surrounding property owners. If the Planning Director determines a proposed use may be objectionable to persons living or working in the vicinity of the subject site, he/she shall require one or both of the following procedures:

  • (1) The Planning Director shall supply the applicant with the name and address of all property owners within three hundred (300′) feet or more of the parcel for which the application is made. He or she shall instruct the applicant to show the property owners maps, and whatever other information the Planning Director believes appropriate. The Planning Director shall direct the applicant to request the surrounding property owners to give their consent or objection to the proposed use as evidenced by their signature on a petition. The application shall not be considered complete and officially made until this consent petition is completed.

operty owners maps, and whatever other information the Planning Director believes appropriate. The Planning Director shall direct the applicant to request the surrounding property owners to give their consent or objection to the proposed use as evidenced by their signature on a petition. The application shall not be considered complete and officially made until this consent petition is completed.

• (2) The Planning Director shall mail a notice, postage prepaid, to all persons whose names appear on the last adopted Assessor's roll of Merced County as owning property within three hundred (300′) feet or more of the parcel for which the application is made. Such notice shall identify the subject site, describe the proposed project, and define the manner and time within which written comments may be submitted to the Planning Director on said use. The Planning Director shall consider such written comments in evaluating the use and prior to taking action on the application.

(§ 1, Ord. 933, eff. September 19, 1997, as amended by § 199, Ord. 1095, eff. November 20, 2010, and § 3, Ord. 1119, eff. July 18, 2014)

If an application for an administrative permit is submitted concurrently with another discretionary permit or zone change related to the same property, then the administrative permit shall be decided by the body having jurisdiction over the other application, and shall be reviewed and decided concurrently with such other application. A use permit may include authorization for any use, structure, or action for which an administrative permit is required, in which case no administrative permit is required.

(§ 1, Ord. 933, eff. September 19, 1997, as amended by § 200, Ord. 1095, eff. November 20, 2010, and § 3, Ord. 1119, eff. July 18, 2014)