Discuss Eliminating Zoning Permits

Staff has contemplated the removal of zoning permits for several years due to several issues and is seeking guidance from the Planning Commission about the potential elimination of zoning permits from Zoning Code.

Notification is not required for a discussion item. If an ordinance is brought forward, a public hearing will be properly advertised in the newspaper.

Background
Zoning Permits were initially implemented by the City in an attempt to reduce complaints about small, common homeowner improvements after they were completed (e.g. fence facing the wrong direction, shed too close to a property line, etc.).  Zoning Permits address improvements that do not require a Building Permit but still have to meet certain zoning standards.  There are no inspections associated with a Zoning Permit.  Thus, these permits have a minimal fee ($25.00). Typical projects include fences up to seven feet (7') in height, accessory structures less than 200 square feet in size, smaller swimming pools, and new or replacement driveways. Staff have reviewed about 1,500 zoning permits since they were added to the zoning code in 2007.

Issues with Zoning Permits
Staff has encountered several issues with zoning permits since their introduction:

• Staff time handling zoning permits greatly outweighs associated costs. Time includes:
  • Entering in the City's record management and permitting systems.
  • Review time. In some cases, multiple review cycles are required spanning multiple weeks.
  • Handling communications with property owners, contractors, and other interested parties.
• Negatives for residents
  • In some instances, property owners are relayed the standards for their project and construct without a permit. This could leave them subject to code enforcement actions because they do not have a permit, even though they completed the project correctly.
  • Some residents aren't aware of zoning permits, and their projects are delayed when they have to go through the permitting process. At least once a month, Staff has spoken with residents who have a scheduled date for project completion with a contractor that has to be delayed because they do not have a zoning permit.

Solution
Staff is proposing to eliminate the requirement of zoning permits from the Zoning Code, and opting for an educational approach. Staff would generate simple guides that property owners could reference for their project, without having to go through the permitting process. This would eliminate staff time associated with zoning permits, and leave property owners to their own to complete projects. If a complaint is received and an issue is verified by the City's code enforcement process, the property owner would be required to remediate the situation (even with Zoning Permits in place, this same process is implemented). 
 

This case is being handled as part of Staff's regular duties.

Direct Staff to prepare and present an ordinance at the regular meeting of the Planning Commission on September 22, 2022 for the removal of zoning permits from the Zoning Code.

Based on discussion.