ATTACHMENT 3
ORDINANCE NO. 23-1746
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Title 17 ZONING
Chapter 17.02 APPROVAL PROCEDURES
Article I. Procedure, Hearing, Notices
17.02.105 Review authority table.
Review Authority Table
Types of
Applications
Planning
Staff Director
Planning
Commission
City
Council
Precise
development plans
- - Decision Appeal
Administrative
Applications
Precise
Development
Plans
- Decision Appeal Appeal
Article IV Administrative Approvals and Permits
17.02.205 Precise development plans.
A. Purpose and Intent. The purpose and intent of requiring precise development plan review is to achieve a reasonable level of quality in harmony with precise plans and community objectives for social, economic and physical well-being, and to protect existing and potential developments and uses on adjacent and surrounding properties.
In order to achieve the purpose of this section, it is considered necessary to require that the use of land, and erection, construction or location of buildings or structures in any zone other than single-family residences and accessory buildings in the R-1, R-2, R-3, and R-H zones, unless in conjunction with a new and/or proposed subdivision, shall conform with approved development plans; and, further, that reasonable conditions may be imposed to serve and protect public health, safety, necessity, convenience and general welfare. No provision of this chapter is intended to deny any use already permitted by this title nor to grant any use in a zone not therein authorized.
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B. Applicability. The Community Development Director (Director) shall review applications in accordance with 17.02.105 Review Authority Table, as well as the following development and use applications:
1. The erection or construction of a building; or
2. The moving of a building onto property, or the relocation of a building or substantial structure from one part of a property to another.
C. General Procedures. The Director shall prescribe the form of application, documents to be submitted and the type of information to be provided by the applicant.
No application shall be accepted for filing unless it complies with the requirements set forth.
1. Application for precise development plan review shall be filed prior to issuance of building permits and shall be accompanied by detailed and fully dimensioned building plans, architectural drawings and elevations, landscape plans and/or any other data found to be reasonably required, and shall include the following:
a. The size, shape, height, orientation and location of all existing and proposed buildings; floor plans; the type and color of exterior materials proposed; b. The size, spacing and location of all doors, windows and other openings; c. The type and pitch of roofs, towers, chimneys and other roof or architectural structures;
d. The location, number and size of parking spaces, driveways and other factors affecting required off-street parking;
e. The location and type of lighting for buildings, grounds and parking areas; f. The location, height, and materials to be used in construction of walls and fences; g. The landscaping and irrigation plan proposed;
h. Any other feature of development, which may have a significant impact upon or relationship to existing and/or proposed development in such area.
2. Precise development plans shall be filed for review and acted upon concurrently with an application for a change of zone, except that:
a. The Director may defer presentation of all or a part of required precise development plans to the building permit stage if it determines that the size, nature, or complexity of development is such as may necessitate significant revisions and that ORDINANCE NO. 23-1746 - ZTA No. 2023-02
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preliminary plans filed are of sufficient detail to establish general compliance with the purpose and intent of this chapter.
b. In the event of a change of zone initiated by the Planning Commission or City Council, pursuant to Section 17.02.290, compliance with this section shall be required prior to issuance of building permits.
3. Any precise development plan located within the PF zone shall be reviewed by the Community Development Director.
D. Standards and Review Criteria.
1. The Community Development Director may at his or her discretion refer any request to the Planning Commission for review. The Community Development Director shall determine whether the proposed development is in compliance with regulations of this code and provisions of this section, and whether or not such development will be detrimental to the public health, safety and welfare or adversely affect property values or the present and future development of surrounding areas. Consideration shall be given to building orientation, walls or fences, landscaping, general design and development, setbacks, height, vehicular and pedestrian ingress and egress, parking, lighting, and the relationship of such factors to existing and proposed development in the immediate and surrounding area.
2. The Director, in compliance with the foregoing, may recommend approval, or conditional approval subject to modifications, of any precise development plan. The following findings may endanger the public health, safety, convenience and welfare and may be cause for denial of a precise development plan:
The proposed development would substantially depreciate property values in the vicinity or interfere with the use or enjoyment of property in such area, because of excessive dissimilarity or in appropriateness of design in relation to the surrounding vicinity.
3. The Director may require modification in the architectural treatment of buildings or structures, require additional landscaping or development improvements and reasonably impose such other conditions as are deemed necessary, in its judgment, to insure compliance with regulations and the purpose, spirit and intent of this code, and thereby serve the best interest of the area and community.
E. Decision, Transmittal, Appeal.
1. The Director shall deliver or mail by first class mail a notice of its decision, approving or denying a precise development plan, to the Planning Commission and applicant.
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2. The decision of the Director shall become final and effective ten (10) calendar days after the delivery or mailing of all notices required by this section unless prior to 5:00 p.m. of the 10th day, either of the following has occurred:
a. A written appeal has been filed with the Community Development Department by an applicant or by a person specially aggrieved, and accompanied by the payment of a fee per any applicable fee resolution adopted by City Council; or b. The Planning Commission elects to review the decision of the Director.
3. The decision of the Planning Commission may be appealed to the City Council within ten (10) calendar days after the date that notice of the decision is mailed to the applicant. Notice of the appeal, and of the appeal hearing before the City Council, shall be pursuant to the hearing and noticing requirements contained in Sections
17.02.050.A.4 and 17.02.090.F.
F. Compliance.
1. An approved plan shall be valid for a one-year period and, should development fail to commence within such time limitation and no extension is granted therefore, shall become null and void.
2. No person shall violate or fail to comply with any approved plan or any condition or provision thereof, nor shall a building permit be issued for any building or structure which would violate or fail to comply with an approved plan. (Ord. 21-1722 § 2; Ord. 20- 1720 § 2; prior code §§ 27-30.1—27-30.5)
Article V. Discretionary Approvals and Permits
17.02.240 Precise development plans.. Reserved
A. Purpose and Intent. The purpose and intent of requiring precise development plan review is to achieve a reasonable level of quality in harmony with precise plans and community objectives for social, economic and physical well-being, and to protect existing and potential developments and uses on adjacent and surrounding properties.
In order to achieve the purpose of this section, it is considered necessary to require that the use of land, and erection, construction or location of buildings or structures in any zone other than single-family residences and accessory buildings in the R-1, R-2, R-3, and R-H zones, unless in conjunction with a new and/or proposed subdivision, shall conform with approved development plans; and, further, that reasonable conditions may be imposed to serve and protect public health, safety, necessity, convenience and general welfare. No provision of this chapter is intended to deny any use already permitted by this title nor to grant any use in a zone not therein authorized.
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B. Applicability. The Planning Commission shall review applications in accordance with 17.02.105 Review Authority Table, as well development and use applications not expressly identified for review by the Director including, but not limited to, following:
1. The erection or construction of a building; or
2. The moving of a building onto property, or the relocation of a building or substantial structure from one part of a property to another.
C. General Procedures. The Planning Commission shall prescribe the form of application, documents to be submitted and the type of information to be provided by the applicant. No application shall be accepted for filing unless it complies with the requirements set forth.
1. Application for precise development plan review shall be filed prior to issuance of building permits and shall be accompanied by detailed and fully dimensioned building plans, architectural drawings and elevations, landscape plans and/or any other data found to be reasonably required, and shall include the following:
a. The size, shape, height, orientation and location of all existing and proposed buildings; floor plans; the type and color of exterior materials proposed; b. The size, spacing and location of all doors, windows and other openings; c. The type and pitch of roofs, towers, chimneys and other roof or architectural structures;
d. The location, number and size of parking spaces, driveways and other factors affecting required off-street parking;
e. The location and type of lighting for buildings, grounds and parking areas; f. The location, height, and materials to be used in construction of walls and fences; g. The landscaping and irrigation plan proposed;
h. Any other feature of development, which may have a significant impact upon or relationship to existing and/or proposed development in such area.
2. Precise development plans shall be filed for review and acted upon concurrently with an application for a change of zone, except that:
a. The Planning Commission may defer presentation of all or a part of required precise development plans to the building permit stage if it determines that the size, nature, or complexity of development is such as may necessitate significant ORDINANCE NO. 23-1746 - ZTA No. 2023-02
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revisions and that preliminary plans filed are of sufficient detail to establish general compliance with the purpose and intent of this chapter. b. In the event of a change of zone initiated by the Planning Commission or City Council, pursuant to Section 17.02.290, compliance with this section shall be required prior to issuance of building permits.
3. Any precise development plan located within the PF zone shall be reviewed by the Planning Commission.
D. Standards and Review Criteria.
1. The Planning Commission shall determine whether the proposed development is in compliance with regulations of this code and provisions of this section, and whether or not such development will be detrimental to the public health, safety and welfare or adversely affect property values or the present and future development of surrounding areas. Consideration shall be given to building orientation, walls or fences, landscaping, general design and development, setbacks, height, vehicular and pedestrian ingress and egress, parking, lighting, and the relationship of such factors to existing and proposed development in the immediate and surrounding area.
2. The Planning Commission, in compliance with the foregoing, may recommend approval, or conditional approval subject to modifications, of any precise development plan. The following findings may endanger the public health, safety, convenience and welfare and may be cause for denial of a precise development plan:
The proposed development would substantially depreciate property values in the vicinity or interfere with the use or enjoyment of property in such area, because of excessive dissimilarity or in appropriateness of design in relation to the surrounding vicinity.
3. The Planning Commission may require modification in the architectural treatment of buildings or structures, require additional landscaping or development improvements and reasonably impose such other conditions as are deemed necessary, in its judgment, to insure compliance with regulations and the purpose, spirit and intent of this code, and thereby serve the best interest of the area and community.
E. Decision, Transmittal, Appeal.
1. The Planning Commission shall deliver or mail by first class mail a notice of its decision, approving or denying a precise development plan, to the City Council and applicant.
2. The decision of the Planning Commission shall become final and effective ten (10) days after the delivery or mailing of all notices required by this section unless prior to 5:00 p.m. of the 10th day, either of the following has occurred:
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a. A written appeal has been filed with the City Clerk by an applicant or by a person specially aggrieved; or
b. The City Council elects to review the decision of the Board.
3. The action of the City Council shall be final.
F. Compliance.
1. An approved plan shall be valid for a one-year period and, should development fail to commence within such time limitation and no extension is granted therefor, shall become null and void.
2. No person shall violate or fail to comply with any approved plan or any condition or provision thereof, nor shall a building permit be issued for any building or structure which would violate or fail to comply with an approved plan. (Ord. 21-1722 § 2; Ord. 20- 1720 § 2; prior code §§ 27-30.1—27-30.5)
Chapter 17.05 RESIDENTIAL ZONES
Article I. R-1 Zone, Single-Family Residential Zone
Section 17.05.010 Permitted uses.
In an R-1 zone, no building shall be erected, constructed, reconstructed, or structurally altered, nor shall any building or land be used except as is herein after specifically provided and allowed by this article; except, that all residential development in new subdivisions of five or more lots and any single-family dwelling on a substandard size lot or parcel shall be subject to provisions of Section 17.02.240 17.02.205, governing precise development plans.
Article II. R-2 Zone, Multi-Family Medium Density Residential Zone Section 17.05.100 Permitted uses.
In an R-2 zone, no building shall be erected, constructed, reconstructed or structurally altered, nor shall any building or land be used except as is hereinafter specifically provided and allowed by this article and Section 17.02.240 17.02.205, governing precise development plans.
Article III. R-3 Zone, Multi-Family High Density Residential Zone Section 17.05.200 Permitted uses.
In an R-3 zone, no building shall be erected, constructed, reconstructed or structurally altered, nor shall any building or land be used except as is herein after specifically provided and allowed by this article and Section 17.02.240 17.02.205, governing precise development plans.
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Article IV. R-H Zone, Residential Horse Property Zone
Section 17.05.310 Permitted uses.
In an R-H zone, no building shall be erected, constructed, or structurally altered, nor shall any building or land be used for any purpose except as is by this article specifically provided and allowed; and subject to provisions of Section 17.02.240
17.02.205, governing precise development plans for new subdivisions of five or more lots, and any single-family dwelling proposed upon a substandard size lot or parcel.
Chapter 17.08 SPECIAL PURPOSE ZONES
Article III. O-S Zone, Open-Space Zone
Section 17.08.100 Permitted uses.
In an O-S zone, no building shall be erected, constructed, reconstructed, or structurally altered, nor shall any building or land be used for any purpose except as is hereinafter specifically provided and allowed by this chapter, and subject to the provisions of Chapter 17.03, Article II, governing off-street parking requirements, and Section 17.02.240 17.02.205, governing precise development plans.
Article IV. I Zone, Institutional Zone
Section 17.08.190 Permitted uses.
In the I zone, unless otherwise exempt under Chapter 17.04, Article I, no building or structures shall be erected, constructed, reconstructed, or structurally altered, nor shall any building or land be used for any purpose except as is hereinafter specifically provided and allowed by this chapter, and subject to the provisions of Chapter 17.03, Articles II and III, governing off-street parking and sign requirements, and Section 17.02.240 17.02.205, governing precise development plans.
Chapter 17.09 SPECIFIC PLAN AREAS
Article I. Specific Plan Area No. 1
Section 17.09.100 Use approvals.
A. No category of use shall be established and no building shall be constructed in specific plan area No. 1 except upon the issuance, existence, and validity of a conditional use permit as provided for in Section 17.02.210 of the Norwalk Municipal Code and upon review and approval of a precise development plan as provided for in Section 17.02.240 17.02.205 of the Code. The criteria for approval shall include the following:
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1. The general requirements for a conditional use permit as set forth in Section 17.02.210 are satisfied;
2. The general requirements for a precise development plan as set forth in Section 17.02.240 17.02.205 are satisfied;
Article XIV. Specific Plan Area No.14
Section 17.09.170 Precise development plan review and approval.
No category of use shall be established and no building shall be constructed in specific plan area No. 14 except upon the review and approval of a precise development plan as provided for in Section 17.02.240 17.02.205 of the Code.
The criteria for approval shall include the following:
A. The general requirements for a precise development plan as set forth in Section 17.02.240 17.02.205 are satisfied.