§9231.17 UNLAWFUL USES AND STRUCTURES — Ukiah Zoning Code

Uses and structures that did not comply with the applicable provisions of this zoning code or prior planning and zoning regulations when established are violations of this zoning code and are subject to the provisions of Chapter 2, Article 22 of this division. This chapter does not grant any right to continue occupancy of property containing an illegal use or structure. The activity shall not be allowed to continue unless/until permits or entitlements required by this zoning code and the City Code are first obtained.

Table 27: Site Development Permit Procedures (1)

Tiers	Tier 1	Tier 2	Tier 3

Permit Type	Site Development Permit Building Permit Required (2)	Minor Site Development Permit (Minor SDP)	Major Site Development Permit (Major SDP)
Project Type	New construction and additions up to 1,000 sf Minor exterior facade modifications Similar projects as determined by the Planning Director No exception is required or requested for the project	New construction and additions 1,000 – 15,000 sf Less than 1,000 sf of modification to exterior of historic building (see Table 13: Historic Building Standards) Up to 2 minor exceptions Similar projects as determined by the Planning Director No major exception is required or requested for the project	New construction and additions over 15,000 sf More than 1,000 sf of modification to exterior of historic building (see Table 13: Historic Building Standards) New condominiums New drive-through facilities More than 2 minor exceptions All major exceptions Similar projects as determined by the Planning Director Site development permits as determined by the Zoning Administrator (3)
Application and Filing Submittal Requirements	Building permit Filing fees Site plan, elevations, floor plans Additional information as determined by the Planning Director	Planning permit application form Application fees Items requested on planning permit application form submittal requirements matrix Any other project information determined necessary by the PlanningDirector	Planning permit application form Application fees Items requested on planning permit application form submittal requirements matrix Any other project information determined necessary by the PlanningDirector
Review Authority	Community Development and Planning Department	Design Review Board recommendation to Zoning Administrator	Design Review Board recommendation to Planning Commission
Approval Authority	Community Development and Planning Department	Zoning Administrator (4)	Planning Commission (4)
Public Notice	Processed as a building permit No public notice provided	As prescribed by subsection 9263C of this code	As prescribed by subsection 9263C of this code
Findings for Grant of Permit (5)	Building permit plans must be consistent with all applicable requirements	As prescribed by subsection 9231.3C of this code	As prescribed by subsection 9231.3C of this code

Tiers	Tier 1	Tier 2	Tier 3

Permit Type	Site Development Permit Building Permit Required (2)	Minor Site Development Permit (Minor SDP)	Major Site Development Permit (Major SDP)
	No findings required
Conditions of Approval	Not applicable	As prescribed by subsection 9263F of this code	As prescribed by subsection 9263F of this code
Appeal	Not applicable	As prescribed by section 9266 of this code	As prescribed by section 9266 of this code
Effective Date	Date of building permit issuance	As prescribed by subsection 9263G of this code	As prescribed by subsection 9263G of this code
Expiration/Revocation	6 months of no activity (from the date of last inspection)	As prescribed by subsection 9263H of this code	As prescribed by subsection 9263H of this code
Renewal	Payment of renewal fee as established by City Council and process as determined by the BuildingOfficial	As prescribed by subsection 9263I of this code	As prescribed by subsection 9263I of this code
California Environmental Quality Act (CEQA)	Exempt	Planning Director shall determine the type of environmental review required or if the application is exempt from CEQA	Planning Director shall determine the type of environmental review required or if the application is exempt from CEQA
1. Applications for multiple permits are subject to the requirements of section 9231.10 of this code, Concurrent Permits. 2. Building permit plans and submittal information must be consistent with all applicable standards of this code. 3. The Zoning Administrator may refer any application to the Planning Commission for public hearing and decision. 4. Any site development permit reviewed by the Zoning Administrator or the Planning Commission may be approved, conditionally approved, or denied. 5. Approval authority has made all applicable findings based on project plans and the documentation provided as part of the application and said findings are not vague and conclusionary. The findings shall be sufficiently detailed to apprise a reviewing court of the basis for the action by bridging the gap between the evidence and the decision maker’s conclusions and shall be based upon evidence contained in the administrative record.

Applications for multiple permits are subject to the requirements of section 9231.10 of this code, Concurrent Permits.
Building permit plans and submittal information must be consistent with all applicable standards of this code.
The Zoning Administrator may refer any application to the Planning Commission for public hearing and decision.
Any site development permit reviewed by the Zoning Administrator or the Planning Commission may be approved, conditionally approved, or denied.
Approval authority has made all applicable findings based on project plans and the documentation provided as part of the application and said findings are not vague and conclusionary. The findings shall be sufficiently detailed to apprise a reviewing court of the basis for the action by bridging the gap between the evidence and the decision maker’s conclusions and shall be based upon evidence contained in the administrative record.

Table 28: Use Permit Procedures (1)

Permit Type	Minor Use Permit	Major Use Permit
Project Type	Minor use permits (MIUP) as identified in Table 3: Allowed Uses and Permit Requirements Expansion of more than 150 and less than 1,000 square feet to an existing use permit Minor amendment to an existing use permit Change in use of an existing structure(s) that does not	Major uses (MAUP) as identified in Table 3: Allowed Uses and Permit Requirements Expansion of 1,000 square feet or more to an existing use permit Major amendment to an existing use permit Conversion of existing rental housing to condominium

Permit Type	Minor Use Permit	Major Use Permit
	require additional parking, and will not generate substantial amounts of additional traffic, noise, or other potential nuisances	At the discretion of the Planning Director, any use permit may be scheduled for consideration and decision making by the Planning Commission (subsection 9262D5 of this code)
Application and Filing Submittal Requirements	Planning permit application form Application fees Items requested on planning permit application form submittal requirements matrix Any other project information determined necessary by the Planning Director	Planning permit application form Application fees Items requested on planning permit application form submittal requirements matrix Any other project information determined necessary by the Planning Director
Approval Authority (2)	ZoningAdministrator(1)	PlanningCommission
Public Notice	As prescribed by subsection 9262C of this code	As prescribed by subsection 9262C of this code
Findings for Grant of Permit (3)	As prescribed by subsection 9262E of this code	As prescribed by subsection 9262E of this code
Conditions of Approval	As prescribed by subsection 9262F of this code	As prescribed by subsection 9262F of this code
Appeal	As prescribed by subsection 9262D2 of this code	As prescribed by subsection 9262D4 of this code
Effective Date	As prescribed by subsection 9262G of this code	As prescribed by subsection 9262G of this code
Expiration/Revocation	As prescribed by subsection 9262H of this code	As prescribed by subsection 9262H of this code
Renewal	As prescribed by subsection 9262I of this code	As prescribed by subsection 9262I of this code
California Environmental Quality Act (CEQA)	Planning Director shall determine the type of environmental review required or if the application is exempt from CEQA	Planning Director shall determine the type of environmental review required or if the application is exempt from CEQA
1. Applications for multiple permits are subject to the requirements of section 9231.10 of this code, Concurrent Permits. 2. Any use permit application reviewed by the Zoning Administrator or the Planning Commission may be approved, conditionally approved or denied. 3. Approval authority has made all applicable findings based on project plans and the documentation provided as part of the application and said findings are not vague and conclusionary. The findings shall be sufficiently detailed to apprise a reviewing court of the basis for the action by bridging the gap between the evidence and the decison maker’s conclusions and shall be based upon evidence contained in the administrative record.

Table 29: Exception Procedures (1)

Permit Type	Minor Exception	Major Exception
Type	Two (2) or fewer minor exceptions	More than two (2) minor exceptions Exceptions as determined by the ZoningAdministrator(5)
Application and Filing Submittal Requirements (2)	Planning permit application form Application fees Detailed plot plan of the subject property and surrounding land	Planning permit application form Application fees Detailed plot plan of the subject property and surrounding land

Permit Type	Minor Exception	Major Exception
	uses Elevation drawings Other information deemed necessary by the Planning Director
Approval Authority (3)	ZoningAdministrator(1)	PlanningCommission
Public Notice	As prescribed by subsection 9264B of this code	As prescribed by subsection 9264B of this code
Findings for Grant of Permit (4)	The request is consistent with the intent of this code and the Ukiah General Plan The project is compatible with the neighborhood and design intent of this code The project provides appropriate connections, transitions, and relationships between buildings and the street, adjacent properties and one another The project provides adequate and appropriate pedestrian facilities and connections The project would not impair the desirability of investment, employment, or residence in the neighborhood The project is not detrimental to the public’s health, safety and general welfare Special circumstances or conditions apply to the site, building, improvement or use, such as the preservation of natural resources (creek, tree preservation), providing enhanced pedestrian facilities or enhanced outdoor areas (outdoor seating, enhanced landscaped areas)	The request is consistent with the intent of this code and the Ukiah General Plan The project is compatible with the neighborhood and design intent of this code The project provides appropriate connections, transitions, and relationships between buildings and the street, adjacent properties and one another The project provides adequate and appropriate pedestrian facilities and connections The project would not impair the desirability of investment, employment, or residence in the neighborhood The project is not detrimental to the public’s health, safety and general welfare Special circumstances or conditions apply to the site, building, improvement or use, such as the preservation of natural resources (creek, tree preservation), providing enhanced pedestrian facilities or enhanced outdoor areas (outdoor seating, enhanced landscaped areas)
Appeal	As prescribed by section 9266 of this code	As prescribed by section 9266 of this code
Effective Date	As prescribed by subsection 9264F of this code	As prescribed by subsection 9264F of this code
Expiration/Revocation	As prescribed by subsection 9264G of this code	As prescribed by subsection 9264G of this code
Renewal	As prescribed by subsection 9264H of this code	As prescribed by subsection 9264H of this code
California Environmental Quality Act (CEQA)	Planning Director shall determine the type of environmental review required or if the application is exempt from CEQA	Planning Director shall determine the type of environmental review required or if the application is exempt from CEQA
1. Applications for multiple permits are subject to the requirements of section 9231.10 of this code, Concurrent Permits. 2. Submittal requirements for an exception depend on the standard (building, site, architectural, tree) from which the exception is requested. 3. Any exception application reviewed by the Zoning Administrator or the Planning Commission may be approved, conditionally approved, or denied. 4. Approval authority has made all applicable findings based on project plans and the documentation provided as part of the application and said findings are not vague and

Permit Type Minor Exception

Major Exception

conclusionary. The findings shall be sufficiently detailed to apprise a reviewing court of the basis for the action by bridging the gap.

The Zoning Administrator may refer any application to the Planning Commission for public hearing and decision.

(Ord. 1139, §2 (Exh. A, 12.180), adopted 2012)