Chapter - 1500-24

This chapter establishes procedures and requirements that apply following County action on permits required by the Zoning Code.

(Ord. of 6-28-2022)

A. Effective Date.

1. Zoning Clearances shall become effective immediately upon issuance.

2. All other permits required by the Zoning Code shall become effective after the expiration of the ten-day appeal period following the date of final action, unless an appeal is filed in compliance with Section 1500-23-080.

3. Permits processed concurrent with a legislative action (i.e., general plan amendment, zoning text or map amendment, specific plan approval or amendment) shall not become effective until the legislative action becomes effective.

B. Expiration. Any permit granted under this Zoning Code is valid for 24 months from its issuance. The approving authority, in the granting of any permit, may specify a different amount of time within which the proposed use must be effectuated, consistent with the purposes of the use and necessary to safeguard the public safety, health and welfare.

C. Effectuation. A permit shall be considered effectuated when:

1. A certificate of occupancy is issued;

2. A building permit is issued and active, and construction has commenced;

3. If a building permit is not required, the use is formally established and can be documented through business records, tax records or other evidence as determined by the Director; or

4. The applicant has satisfied all applicable development conditions prior to the use of the property.

D. Extension of a Permit.

1. Extension. Any person holding a permit granted under this Zoning Code may request an extension of that permit. The Director may grant a 12 month extension of a permit and its terms, or may choose to refer a permit extension request to the Planning Commission for review and final decision at a duly noticed public hearing.

2. Findings. The Approving Authority shall make all of the following findings to approve an extension of a permit:

a. The proposed development complies with all applicable provisions of the Zoning Code in effect as of the date of application for the extension; all project conditions of approval; the General Plan; and any applicable specific plan; and

b. No change has occurred in the circumstances or in the factual basis on which the approval was made since the date of original approval, which results in the inability to make findings of approval for the extension consistent with those originally made.

The inability to make one or more of the above findings is grounds for denial of an application.

3. Application Form. All applications for an extension of a permit shall be filed with the Development Services Department on an official County application form.

4. Application Fees. Fees required for an extension of a permit shall be paid as required by the Sutter County Planning Fees Schedule.

5. Current Standards. The permit as extended may be conditioned to comply with any development standards or fees which may have been enacted since the permit was initially approved.

6. Appeal. A determination on an extension of a permit may be appealed in compliance with Section 1500-23-080.

(Ord. of 6-28-2022)

No application for a permit required by the Zoning Code shall be accepted or acted upon, if within the preceding 12 months, an application has been denied or revoked by the Approving Authority which involves substantially the same parcel and permits, unless the Director determines that either of the following applies:

A. New evidence has become available which was unavailable or unknown at the time of the previous action and which could not have been discovered in the exercise of reasonable diligence by the applicant or County; or

B. There has been a substantial and permanent change of relevant circumstances since the previous decision, which materially affects the parcel involved in the application.

(Ord. of 6-28-2022)

A. Grounds for Revocation. A permit required by the Zoning Code may be revoked by the Board of Supervisors at a duly noticed public hearing upon a finding of any of the following grounds:

1. The applicant or property owner has altered the circumstances under which the permit was granted to a degree that one or more of the findings required to grant the original permit can no longer be made.

2. Permit issuance was based on misrepresentation by the applicant, either through omission or the making of a false material statement in the application, or in public hearing testimony.

3. One or more conditions of approval have been violated, or have not been complied with or fulfilled.

4. The applicant or property owner has failed or refused to allow inspections for compliance.

5. Improvements authorized by the permit are in violation of the Zoning Code or any applicable law or regulation.

6. The use has been conducted in a manner detrimental to the public safety, health and welfare, or so as to be a nuisance.

B. Noticing. The Board of Supervisors shall give notice to the permittee of intention to revoke a permit at least ten days prior to a hearing thereon.

(Ord. of 6-28-2022)

A final Certificate of Occupancy shall not be issued until the Development Services Department has determined that all applicable standards and conditions of approval have been met.

(Ord. of 6-28-2022)

Unless otherwise conditioned, a permit granted pursuant to the provisions of this chapter shall be transferable upon a change of ownership of the site, business, service, use or structure, provided that the use and conditions of the original permit are fully complied with and not modified or enlarged.

(Ord. of 6-28-2022)