Chapter 17.36 — CONDITIONAL USE PERMITS

A conditional use permit may be issued in the manner specified herein for any of the uses or purposes for which such conditional use permits are required by the terms of this title. (Ord. 186, 2003)

• A. Application for a conditional use permit shall be made to the city council in writing on a form prescribed by the city council, and shall be accompanied by plans and elevations necessary to show the detail of the proposed use of land or building. Such application shall be accompanied by a fee set by the city council.

• B. The city shall have 30 days to determine if the application is complete and will give written notice of any additional information required to make the application complete.

• (Ord. 186, 2003)

A public hearing by the city council shall be held within 45 days after the filing of the application for the conditional use permit; provided, that compliance with the California Environmental Quality Act has been completed. Notice of the hearing shall be given in the manner set forth in EMC § 17.32.010.

• (Ord. 186, 2003)

• A. In order to grant any conditional use permit the findings of the city council shall be that the establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be materially detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be materially detrimental to property or improvements in the neighborhood or to the general welfare of the city. The city council may designate such conditions in connection with the conditional use permit as it deems necessary to secure the purposes of this title, and may require that such conditions will be complied with by the applicant.

• B. The city council shall render its decision on any conditional use permit within 35 days following close of the public hearing. Failure of the council to render its decision within the period shall be deemed to be a denial of the application. The granting of any use permit, when conforming to the provisions of this subsection, is an administrative function, the authority and responsibility for performing which is imposed upon the city council and the action thereon by the council shall be final and conclusive.

• (Ord. 186, 2003)

Any use permit granted pursuant to this chapter shall be conducted only in accordance with the

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City of Etna, CA

ZONING

§ 17.36.050

§ 17.36.070

site plan submitted pursuant to EMC § 17.34.070 and approved at the time of issuance of the use permit. In the event the holder of a use permit desires to modify said site plan, an application shall be filed for modification of the site plan for approval or disapproval of the city council, in accordance with the same procedure for the issuance of a use permit as provided in this chapter. Notwithstanding the foregoing, minor alterations of the site plan shall be granted by the city clerk or his/her authorized employee if he/she finds that such modification does not materially change the site plan or have the potential of adversely impacting adjacent property owners, and is otherwise in full compliance with all other provisions of this code or any other laws, rules or regulations relating thereto.

(Ord. 186, 2003)

• A. The city may move to revoke an approved use permit if not used within one year from the date of approval, or in the event the use permitted is abandoned or not utilized for a period of one year.

• B. Any use permit granted in accordance with the terms of this title may be revoked if any of the conditions or terms of such permit are violated or if any law or ordinance is violated in connection therewith, or if the city council finds that the continuance of the use permit will endanger the public health, safety or welfare.

• C. The city council shall hold a hearing on any proposed revocation after giving written notice to the permittee at least 10 days prior to the hearing.

• (Ord. 186, 2003)

Any application for a conditional use permit required or permitted pursuant to the terms of this title which relates to any real property located within a historic district, landmark, or landmark site established pursuant to this title shall first be reviewed and considered by the historic district and landmarks commission prior to consideration thereof by the city council. Any such application shall be reviewed by the historic district and landmarks commission at its next regular meeting and said commission shall immediately thereafter forward to the city council its report and recommendations in regard to said application, taking into consideration the effect of such application upon the historic district, landmark, or landmark site. In the event said commission does not act within the time pursuant to this section, the city council may proceed on the basis that the historic district and landmarks commission does not object to said application. (Ord. 186, 2003)

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City of Etna, CA

ZONING

§ 17.38.010

§ 17.38.050

CHAPTER 17.38 VARIANCES

The approving authority may approve variances from the terms of this title only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this title deprives such property of privileges enjoyed by the other property in the vicinity and under identical zoning classification.

Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated.

A variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zone district governing the parcel of property. (Ord. 186, 2003)

Application for a variance shall be made to the city council in writing on a form prescribed by the city council, and shall be accompanied by a detailed statement justifying a variance and plans and elevations necessary to show the detail of the proposed variance. Such application shall be accompanied by a fee set by the city council. (Ord. 186, 2003)

A public hearing by the city council shall be held within 45 days after the filing of the application for the variance; provided, that compliance with the California Environmental Quality Act has been completed. Notice of the hearing shall be given in the manner set forth in EMC § 17.32.010. (Ord. 186, 2003)

In order to grant any variance, the findings of the city council shall be:

• A. Because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.

• B. That the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated.

• C. The variance does not authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property.

• D. The variance is not for a use not permitted in the relevant zone district. (Ord. 186, 2003)

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City of Etna, CA

§ 17.38.050 ZONING

§ 17.38.060

• A. The city may move to revoke an approved use permit if not used within one year from the date of approval, or in the event the use permitted is abandoned or not utilized for a period of one year.

• B. Any use permit granted in accordance with the terms of this title may be revoked if any of the conditions or terms of such permit are violated or if any law or ordinance is violated in connection therewith, or if the city council finds that the continuance of the use permit will endanger the public health, safety or welfare.

• C. The city council shall hold a hearing on any proposed revocation after giving written notice to the permittee at least 10 days prior to the hearing.

• (Ord. 186, 2003)

Any application for a variance required or permitted pursuant to the terms of this title which relates to any real property located within a historic district, landmark, or landmark site established pursuant to this title shall first be reviewed and considered by the historic district and landmarks commission prior to consideration thereof by the city council. Any such application shall be reviewed by the historic district and landmarks commission at its next regular meeting and said commission shall immediately thereafter forward to the city council its report and recommendations in regard to said application, taking into consideration the effect of such application upon the historic district, landmark, or landmark site. In the event said commission does not act within the time pursuant to this section, the city council may proceed on the basis that the historic district and landmarks commission does not object to said application. (Ord. 186, 2003)

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City of Etna, CA

ZONING

§ 17.40.010

§ 17.40.040

CHAPTER 17.40 AMENDMENTS

The districts established by this title or the boundaries thereof may be changed, amended or altered, or any provision thereof may be changed, altered or amended, and any property within the city may be rezoned, reclassified or established whenever the public necessity or convenience or the general welfare require the same by following the procedure set forth in this chapter. (Ord. 186, 2003)

Any such change, amendment, alteration, rezoning or establishment (singly or collectively referred to herein as an "amendment") may be initiated by:

• A. The verified petition of one or more owner of the property affected by the proposed amendment, which petition shall be filed and accompanied by a fee set by the city council; or resolution of intention by the city council.

• (Ord. 186, 2003)

The city council shall hold a public hearing on any proposed amendment and shall give notice of the time and place of the hearings, as set forth in Chapter 17.32 EMC. (Ord. 186, 2003)

• A. Following the aforesaid hearing, the city council shall make a report of its findings and recommendations with respect to the proposed amendment and shall file with the city clerk an attested copy of such report within 60 days after the completion of the hearing. Failure of the city council so to report within the period shall be deemed to be denial by the city council of the proposed amendment.

• B. Upon filing of such report by the city council or upon the expiration of the 60 days as aforesaid and after notice has been given as provided in Chapter 17.32 EMC, the city council shall at a regular or special meeting or meetings publicly hear and consider the matter. Within 90 days after the conclusion of the hearing, the city council may amend, alter, adopt or reject the amendment. The city council may also refer the matter back to staff to obtain information.

• (Ord. 186, 2003)

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City of Etna, CA

ZONING

§ 17.42.010

§ 17.42.040