§ 36-20. Zoning And Occupancy Permits. Use Permits And Variances.

[Ord. No. 988, Exh. A, 1991.]

Zoning and Occupancy Permits shall be required for all buildings and structures hereinafter occupied, erected, constructed, altered, repaired or moved within or into any district established by this chapter and for the use of vacant land or for a change in the character of the use of land, within any district. No building permit shall be issued until the zoning clearance portion thereof has been completed by the Community Development Department and any required Site Plan, Use Permit or Variance has been issued and become effective. No Commercial or Industrial use may be occupied until clearance has occurred as to consistency with the provisions of the Municipal Code or any Site Plan, Use Permit or Variance granted.

[Ord. No. 988, Exh. A, 1991.]

• A. Use Permits and Minor Use Permits revocable, conditional and/or valid for a term period, may be issued as provided in this section for any of the uses or purposes for which such permits are required or permitted by the terms of this chapter. The Planning Commission or Community Development Director may impose such conditions as they deem necessary to secure the purposes of this chapter and may require tangible guarantees or evidence that such conditions are being, or will be, complied with.

• B. All Use Permits and Minor Use Permits for which no term is specified by the Director, Planning Commission or City Council shall expire one (1) year after their effective date.

• C. Minor Use Permits and Use Permits are applicable to those uses as set forth in each zoning classification and per § 36-20.5 .

[Ord. No. 988, Exh. A, 1991.]

• A. Application for a Use Permit or Minor Use Permit shall be made in writing by the owner of the property, lessee, purchaser in escrow, optionee with the consent of the owners, or by a public utility company or other agency with the powers of eminent domain, on a form prescribed by the Director. The application shall be accompanied by a fee in an amount to be set by Resolution of the City Council. A plot plan and details must be prepared in accordance with, and subject to, the provisions of this chapter and site plan review requirements of § 36-19 showing the details of the proposed use to be made of the land or building. The Planning Commission or Director may request additional information as necessary for environmental review or to address other pertinent issues associated with the use or site area.

• B. Upon receipt of the application, the Community Development Department shall prepare a report regarding the issues and consistency of the request with City policy and standards.

[Ord. No. 988, Exh. A, 1991.]

• A. The Planning Commission (Use Permit) or Director (Minor Use Permit) shall hold a public hearing on any application which shall be noticed in the manner provided in § 36-22 .

• B. Both the Director and the applicant shall have the right to refer a Minor Use Permit application directly to the Planning Commission in lieu of the normal process for Minor Use Permits.

• C. The Planning Commission (Use Permit) or Community Development Director (Minor Use Permit) at a public hearing shall determine whether or not the establishment, maintenance, or operation of the use applied for will, under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood or the general welfare of the City. In addition if the following findings can be made, the Permit may be granted:

  1. The proposed Permit is consistent with the City of Oakdale General Plan.

  2. That the project has been reviewed in compliance with CEQA and the appropriate determination has been made.

  3. That the project is deemed to be a reasonable extension of existing development patterns in the area.

  4. That the site for the proposed use has adequate access which shall mean that the site design is of a size and shape to accommodate the proposed use and all yards, open spaces, setbacks, walls and fences, parking areas, landscaping and other features pertaining to the application.

• D. Permits shall not be issued until ten (10) working days have elapsed from the granting thereof, and in case an appeal is filed from the Planning Commission or Directors decision, it shall not be issued until acted upon by the City Council on such appeal. Use Permits shall not have any force and effect until the permittee acknowledges receipt thereof and acceptance of any conditions thereto.

• E. Minor Use Permit Appeal. In the event the applicant or any other interested parties is dissatisfied with the action of the Director, an appeal may be filed in writing within ten (10) days following the notice of the decision date pursuant to these provisions. Upon appeal, the application shall be processed in the manner provided for Use Permits. The applicant shall submit such additional information and data required by the provisions of this chapter.

[Ord. No. 992, Exh. A, 1991.]

• A. Expansions and Permit Extensions. The Director may approve minor expansions or extensions to previously approved Use Permits or Minor Use Permits when it complies with all of the following conditions:

  1. The building and/or use expansion is incidental to an existing use.

  2. The building and/or use expansion does not result in a change of use.

  3. The building and/or use expansion involves less than a twenty-five (25%) percent increase in ground area covered by structures associated with said use.

  4. The building and/or use expansion does not involve an increase in the overall area of the site greater than ten (10%) percent.

  5. The building and/or use expansion in the opinion of the Director would not have a significant adverse effect on abutting property.

  6. The building and/or use expansion complies with the existing requirements and agencies having jurisdiction and any other appropriate regulatory agency as determined by the Director.

• B. Use Permits:

  1. Clubs, Lodges or Fraternal Organizations

• C. Minor Use Permits:

  1. Wherein within this chapter the term Conditional Use Permit or Use Permit is used rather than Major or Minor Use Permit, the Community Development Director may determine the appropriate manner for processing the request.

  2. Per § 36-18.7 C. "Off-site Parking" the Director may process requests as a Minor Use Permit.

[Ord. No. 988, Exh. A, 1991.]

• A. Application for Variances and Minor Variances from the strict application of the terms of this chapter may be made and Variances granted when the following circumstances are found to apply. No request may be applied for which is a Use Variance.

  1. That any Variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is situated; and

  2. That because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings, the strict application of the zoning law is found to deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification; and

3. That the granting of the variance will not be contrary to the intent of this chapter or to the public safety, health and welfare, or injurious to other properties in the vicinity.

[Ord. No. 988, Exh A., 1991.]

• A. Applications shall be made as provided for Use Permits except that evidence must also be provided showing that the findings listed in Section 20-6 can be made.

[Ord. No. 988, Exh. A, 1991.]

• A. The Planning Commission (Variance) or Director (Minor Variance) shall hold a public hearing on any application for a Variance which shall be noticed in the manner provided for in § 36-22 . If it is found that the qualifications under § 36-20.6 . A apply to the land, building or use for which request is sought, and that such variance is in accordance with the intent of this chapter, it may be granted, all or part of the request sought, subject to necessary conditions determined appropriate.

• B. The Planning Commission (Variance) or Director (Minor Variance) at a public hearing shall determine whether or not the findings listed in § 36-20.6 can be made and that the exception will not under the circumstances of the particular case, be detrimental to the health and safety of the persons.