Santa Rosa Zoning Code Ch. 20-21 Development and Land Use

This Chapter describes the City's requirements for the approval of proposed development and new land uses. The Permit requirements established by this Zoning Code for specific land uses are in Chapters 20-22 through 20-24.

(Ord. 3677 § 1, 2004)

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 allowed by this Zoning Code in the zoning district applied to the site. The basis for determining whether a use is allowable is described in Section 20-21.030 (Allowable Land Uses and Permit Requirements).

B.

Permit and approval requirements. Any land use permit or other approval required by Section 20-21.030 (Allowable Land Uses and 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 20-21.040 (Exemptions from Land Use Permit Requirements).

C.

Development standards, conditions of approval. Each land use and structure shall comply with the development standards of this Chapter, the provisions of Division 3 (Site Planning and General Development Standards), and any applicable conditions imposed by a previously granted land use permit. D.

Legal parcel. The site of a proposed development or new land use shall be a parcel that was legally created in compliance with the Subdivision Map Act and the Title 19 of the City Code (Subdivisions). E.

Consistency with Design Guidelines. A proposed development shall be consistent with the City's Design Guidelines as applied to the project through the Design Review process, or through the approval of a Conditional Use Permit or Minor Conditional Use Permit.

(Ord. 3677 § 1, 2004)

A.

Allowable land uses. The uses of land allowed by this Zoning Code in each zoning district are listed in Chapters 20-22, 20-23, and 20-24, together with the type of land use permit required for each use.

1.

Establishment of an allowable use.

a.

Any one or more land uses identified by the tables as being allowable within a specific zoning district may be established on any parcel within that zoning district, subject to the land use permit requirements of Subsection B, and compliance with all applicable requirements of this Zoning Code.

b.

Where a single parcel is proposed for development with two or more of the land uses listed in the tables, the overall project shall be subject to the highest permit level required by Subsection B for any individual use. For example, Table 2-6 in Section 20-23.030 would require that a new building proposed in the CN zoning district with a bar/tavern on the ground floor and professional offices on the second floor would require Conditional Use Permit (CUP) approval because Table 2-6 requires Conditional Use Permit approval for "Bar/Tavern," even though "Office—Business/Service" is listed in the CN zone as a permitted use, requiring only a Zoning Clearance.

2.

Use not listed. A land use that is not listed in tables or is not shown in a particular zoning district is not allowed, except as otherwise provided in Subsection A.3, or Section 20-21.040 (Exemptions from Land Use Permit Requirements).

3.

Similar and compatible use may be allowed. The Director may determine that a proposed use not listed in this Division 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:

(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 district;

(2)

The use will be consistent with the purposes of the applicable zoning district;

(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 applicable zoning district; and

(5)

The use is not listed as allowable in another zoning district.

A determination that a use qualifies as "a similar 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 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 Zoning Code apply.

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 20-62 (Appeals).

B.

Permit requirements. Tables 2-2, 2-6, and 2-10 within Chapters 20-22, 20-23, and 20-24 provide for land uses that are:

1.

Permitted subject to compliance with all applicable provisions of this Zoning Code, subject to first obtaining a Zoning Clearance (Section 20-52.020). These are shown as "P" uses in the tables;

2.

Allowed subject to the approval of a Minor Conditional Use Permit (Section 20-52.050), and shown as "MUP" uses in the tables;

3.

Allowed subject to the approval of a Conditional Use Permit (Section 20-52.050), and shown as "CUP" uses in the tables;

4.

Allowed subject to the type of City approval required by a specific provision of Chapter 20-42 (Standards for Specific Land Uses), and shown as "S" uses in the tables; and

5.

Not allowed in particular zoning districts.

Note: a land use authorized through the approval of a Zoning Clearance, Minor Conditional Use Permit, or Conditional Use Permit may also require Design Review approval (Section 20-52.030), a Building Permit, or other permit required by the City Code.