Unified Development Ordinance

Sec. 10.2.7. Miscellaneous Zoning Permits

Sec. 10.2.7. Miscellaneous Zoning Permits aaron.sheppard… Wed, 05/24/2023 - 09:28
  1. Purpose and Applicability
    1. Purpose. A miscellaneous zoning permit is a type of zoning permit. The purpose of the miscellaneous zoning permit review process is to ensure compliance with the standards and provisions of this UDO for uses that have minor impacts on the environment, public infrastructure and neighboring properties.
    2. Applicability. The following structures and uses shall require a miscellaneous zoning permit:
      1. A change to a Permitted or Limited Use (excluding those with use standards or use specific requirements that require a site plan to ensure compliance) where the Site Plan Group as shown in Section. 7.1.2.C, remains in the same group or decreases from:

        Group C to any other group or

        Group B to Group A, and

        where the applicant does not propose any changes to the exterior of the building, or site, that require compliance with any requirement set forth in 10.2.8.B.4. Notwithstanding the foregoing, permitted signage may still be erected or altered.
      2. any structures, improvements, and/or uses that do not require site plans pursuant to Sec. 10.2.8 and are not exempted pursuant to Sec. 10.2.7.A.3.
    3. Permit Exemptions. Because of their de minimis impacts, certain structures, uses and signs, otherwise regulated by this UDO, shall not require a site plan under Sec. 10.2.8 or a miscellaneous zoning permit under this section:
      1. Structures:
        1. Playset
        2. Flag Pole
      2. Uses:
        1. Home Occupation
      3. Signs
        1. A-Frame signs on private property
  2. Pre-Application Conference
    Before submitting an application for a miscellaneous zoning permit approval, an applicant may schedule a pre-application conference with the Development Services Director to discuss the procedures, standards and regulations required for such approval.
  3. Application Requirements
    1. An application for a miscellaneous zoning permit approval shall be submitted in accordance with Sec. 10.2.1.B.
    2. The following forms must be filled out completely in order to process an application for a miscellaneous zoning permit approval:
      1. Miscellaneous Zoning Permit Submittal Checklist; and
      2. Miscellaneous Zoning Permit Application.
  4. Development Services Director Action
    1. City Planning shall review the proposed application against the applicable requirements of this UDO and other applicable technical requirements of the City.
    2. In reviewing the application, City Planning shall consult with the Public Utilities, Engineering Services, City Planning, Parks, Recreation and Cultural Resources, Transportation and Fire Departments as may be appropriate.
    3. Following review, the City shall approve, approve with conditions that bring the application into conformance with this UDO and other applicable technical requirements of the City or deny the application.
    4. If the application is disapproved, the reasons for such disapproval shall be stated in writing and provided to the applicant, specifying the provisions of which the application does not comply. A revised application may be submitted to Development Services for further consideration.
    5. Notice of a decision on a miscellaneous zoning permit shall be provided to the applicant within 3 days following the date of the final action as set forth in Sec. 10.2.1.C.6.
    6. Any appeal of this section shall be in accordance with Sec. 10.2.11.
  5. Expiration
    An approved miscellaneous zoning permit shall expire 1 year after the date of approval if a building permit application has not been filed.