Article 6.3 — ADMINISTRATIVE USE PERMITS

Sec. 9-2.631. - Purpose.

The purpose of the administrative use permit is to allow the proper integration of uses into the community, only if such uses are designed and arranged on the site in accordance with established development standards of this title and polices of the General Plan.

(§ 2(Exh. A), Ord. 2020-1129, adopted May 19, 2020)

Sec. 9-2.632. - Issuance.

(a)

Applications. Application for an administrative use permit shall be made in writing by the owners of the property or by the proposed operator with the consent of the owners, on a form prescribed by the County and shall be submitted to the Department of Planning and Building Services.

(1)

Fee. The application shall be accompanied by a fee, as set by the Board of Supervisors.

(2)

Contents. The application shall contain plans showing the details of the proposed use. Additional information is required for specific uses as set forth in this Chapter.

(3)

Submittal. The application shall be submitted to the Department at least ninety (90) days prior to the first event of the calendar year.

(b)

Processing. The application shall be reviewed by County departments and State agencies as to compliance with applicable laws, policies, codes, and regulations. The Planning Director shall review for compliance with this title and with applicable General Plan goals, policies, and implementation measures.

(c)

Decision. The Planning Director may approve, deny, or conditionally approve an application for an administrative use permit.

(1)

Conditions. The Planning Director may impose such conditions as deemed necessary to secure compliance with the requirements of this title, the General Plan, or other regulations, and may impose such requirements and conditions with respect to location, construction, maintenance, operation, site planning, and traffic control, as are deemed necessary, for the protection of property owners and the public interest.

(2)

Notice of decision. Notice of the decision of the Planning Director to issue the administrative use permit shall be provided as in Section 9-2.635 of this article.

(d)

Annual issuance. Administrative use permits may be issued annually, as provided in this Chapter, for any of the uses or purposes for which such permits are required or permitted by the terms of this Title, upon conditions designated by the Planning Director.

(1)

Term. The term of the administrative use permit shall be no longer than twelve (12) months from the date of issuance.

(2)

Review. Annual issuance shall be based on a review of compliance with the administrative use permit as issued. The Planning Director may require an annual report or facility compliance form to be submitted. The annual report or facility compliance form shall include a report on the status of and compliance with all conditions of the administrative use permit.

(3)

Submittal. Annual renewals of the administrative use permit shall be submitted to the Department at least sixty (60) days prior to the expiration of the administrative use permit.

(4)

Revisions. The Planning Director may approve one (1) or more revisions to an approved administrative use permit provided such revision does not result in a cumulative expansion of more than ten (10%) percent of the original site or use area and provided such revision is consistent with all applicable General Plan policies, County Code standards and other applicable codes and regulations.

(5)

Notice of decision. Notice of the decision of the Planning Director to approve the annual issuance or revision of the administrative use permit shall be provided as in Section 9-2.635 of this article.

(e)

Revocation. The Board may revoke the administrative use permit for failure to comply with any of the conditions imposed or upon evidence of misrepresentation in the issuance of the administrative use permit. The abatement or removal of facilities, if required by such revocation, shall be at the expense of the permittee.

(§ 2(Exh. A), Ord. 2020-1129, adopted May 19, 2020)

Sec. 9-2.633. - Public hearing not required.

A public hearing shall not be required on any application for an administrative use permit prior to a decision by the Planning Director to approve, deny, or conditionally approve the application.

(§ 2(Exh. A), Ord. 2020-1129, adopted May 19, 2020)

Sec. 9-2.634. - Findings of approval.

The Planning Director shall make all the following findings upon granting the administrative use permit:

(a)

That the proposed use is consistent with the policies and development standards of the general plan, the zoning ordinance, other County codes, any applicable area plan and any other applicable code and regulations; and

(b)

That there is no substantial evidence that the project is approved will have a significant adverse effect on the environment, and will not be detrimental to the public health, safety and welfare.

(c)

The Planning Director shall impose any conditions and/or requirements necessary to guarantee compliance with the findings in this Section.

(§ 2(Exh. A), Ord. 2020-1129, adopted May 19, 2020)

Sec. 9-2.635. - Notice of decision.

All decisions, including decisions to approve, conditionally approve or deny administrative use permits; annual issuance of administrative use permits and revisions of administrative use permits shall be posted in the Plumas County Courthouse or any other locations as designated by the Plumas County Board of Supervisors, on the County's website and on the site of the event until the end of the appeal period. There shall be a ten (10) day appeal period beginning on the day the notice is published and posted.

(§ 2(Exh. A), Ord. 2020-1129, adopted May 19, 2020)

Sec. 9-2.636. - Appeal of decision.

The Planning Director's decision to approve the administrative use permit is subject to appeal. All appeals shall follow procedures as set forth in Chapter 2, Article 10 of this title (Appeals).

(§ 2(Exh. A), Ord. 2020-1129, adopted May 19, 2020)

Article 6.5. - ZONING CLEARANCE CERTIFICATE

Sec. 9-2.651. - Purpose.

A zoning clearance certificate certifies that a proposed development or project conforms with all current requirements of the zoning regulations and, if applicable, the terms and conditions of any previously approved development permit or variance.

(§ 1(Exh. A), Ord. 2019-1116, adopted January 22, 2019)

Sec. 9-2.652. - Required zoning clearance certificate.

A zoning clearance certificate is required whenever a building permit for a certain use, as specified in this chapter, is required and must be secured prior to the issuance of the building permit.

(§ 1(Exh. A), Ord. 2019-1116, adopted January 22, 2019)

Sec. 9-2.653. - Filing and processing applications for a zoning clearance certificate.

(a)

Applications. Any private individual or commercial entity may apply for a zoning clearance certificate in conjunction with or prior to application for a building permit for a proposed development or operation. Planning and Building Services shall provide standard forms on which applications for zoning clearance certificates can be filed. Applications for a zoning clearance certificate shall be filed with the Planning Division of Planning and Building Services on the forms provided. At the time the application is filed, the applicant shall submit the required filing fees prescribed by the Board of Supervisors. The application for the zoning clearance certificate shall contain the following information:

(1)

Signature(s) of applicant(s) on the application form.

(2)

The applicant(s) name, business address, and phone number(s).

(3)

If the applicant is not the record title holder, a copy of the lease (excluding financial terms) or letter of consent from the property owner demonstrating applicant's ability to pursue application.

(4)

The use being applied for, as well as a description of the proposed use detailing the following:

(i)

Facility operation.

(ii)

Nature and type of facility, building(s), structure(s), and any associated equipment to be used.

(iii)

Types of technology and consumer services that will be provided.

(iv)

Information on number, size, material and color of building and structures.

(5)

Facility plans including the following:

(i)

Facility height, elevations and any other pertinent dimensions drawn to standard architect or engineer scale.

(ii)

Height, elevations, and any other pertinent dimensions of accessory structure(s) drawn to standard architect or engineer scale.

(iii)

Documentation showing that reasonable efforts have been made to create a facility that is as visually appealing and inconspicuous as possible.

(6)

For a zoning clearance certificate pertaining to any telecommunication facility, the following documentation signed and/or prepared by a licensed professional engineer shall be provided by the applicant:

(i)

A report prepared pursuant to Federal Communications Commission Office of Engineering and Technology Bulletin 65 demonstrating facility compliance with Federal Communications Commission regulations for general population exposure limits to radio frequency (RF) radiation.

(ii)

A report that demonstrates the support structure can accommodate all applicable loads.

(7)

In the event the applicant is subject to licensing by the Federal Communications Commission, documentation proving applicant is licensed by the Federal Communications Commission is required before a building permit is issued.

(b)

Processing. Within five (5) working days of accepting an application as complete, the Planning Division shall review the proposed development for conformance with the Plumas County Zoning Regulations and, if applicable, the terms and conditions of any previously approved development permit or variance.

(c)

Issuance. Upon completion of the required Planning Division review, zoning clearance certificates shall be approved and immediately issued by the Director, or designee, if, based upon information provided by the applicant, all of the following findings are made:

(i)

The proposed development or operation conforms with all requirements of the Plumas County Zoning Regulations; and

(ii)

The proposed development or operation complies with the terms and conditions of any applicable permit and/or subdivision map that was previously approved for such development or operation; and

(iii)

The proposed development or operation is not located on the same property where conditions exist or activities are being conducted which are a part of the proposed development or operation and in violation of Plumas County Code, unless the zoning clearance a) is necessary for the abatement of the existing violation(s); or b) addresses an imminent health and/or safety violation; or c) facilitates an accessibility improvement to a structure or site for ADA compliance; or d) the applicant has executed and recorded an enforcement agreement with the County to cure the violation.

Written notification of the Director's decision shall be transmitted to the Building Division within five (5) working days of the decision.

(§ 1(Exh. A), Ord. 2019-1116, adopted January 22, 2019)