Mariposa County Municipal Code § 17.116 Use Permits Determinations

The purpose of the use permit determination is to allow the proper integration of uses into a TPA without an adopted specific plan, which may be suitable only in specific locations, or only if such uses are designed or arranged on the site in a particular manner. The intent is to permit and control uses which have the potential to be socially, economically, or environmentally incompatible with a surrounding area.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 17.116.020 Form Of Application

Application for a use permit determination shall be made in writing by the owners of the property or by a lessee, purchaser in escrow or optionee with the consent of the owners, on a form prescribed by the county. The application shall be accompanied by a fee, as set by the board of supervisors. Plans showing the details of the proposed use shall also be submitted and shall include at a minimum the information specified by section 17.08.150.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

A public hearing is accordance with the provisions of Chapter 17.132 of this title, will be required on any application for a use permit determination prior to action being taken by the planning commission. However, notice shall only be given to property owners owning land contiguous to the proposed use. Notice shall also be posted on the affected property not less than fourteen (14) days prior to the public hearing and shall state the nature of the proposed use and the date and location of the public hearing.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

In considering an application, the planning commission shall give due regard to the nature and condition of adjacent properties, uses, and structures, and to the area affected by the proposed use.

The planning commission shall determine whether or not the establishment, maintenance, or operation of the use applied for will, under the circumstances of the particular case, be objectionable by reason of production or emission of noise, offensive odor, smoke, dust, bright lights, vibrations, involving explosives or dangerous materials, or which might constitute a public or private nuisance.

If the planning commission finds, based upon factual evidence adduced at the hearing that the aforementioned conditions will not be objectionable and will not create a private or public nuisance based upon the above criteria, it shall grant approval.

If the planning commission is unable to make the required findings, the proposed use shall be subject to the provisions of the conditional use permit process specified in Chapter 17.112 of this title.

The purpose of a variance is to allow variation from the strict application of the standards of this title, where it is found that practical difficulties, unnecessary hardships or results inconsistent with the general purpose of this title, would occur by its implementation. The planning commission, on its own motion or through proper application by the public, may initiate proceedings for issuance of variances.

No variance shall be granted which authorizes a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property.

Application for a variance shall be made in writing by a property owner or by a lessee, purchaser in escrow, or optionee with the consent of the owners, on a form and in a manner as prescribed by the county. The application shall be accompanied by a fee, as set by the board of supervisors, for the variance.

HISTORY Adopted by Ord. 704 Sec. 1 on 3/8/1988 17.120.030 Hearing And Notice Required Notice of a public hearing shall be given as set forth in Chapter 17.132 of this title.

HISTORY Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 912 Sec. II on 1/7/1997 17.120.040 Investigations Of Facts Of Application The planning commission and/or its staff shall investigate the application and obtain all necessary information to assure that any action on a variance application is consistent with the intent and purpose of this chapter, and with previous action concerning variances.

HISTORY Adopted by Ord. 704 Sec. 1 on 3/8/1988 17.120.050 Necessary Findings And Conditions Before a variance may be granted, it shall be shown that:

1. There are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the conditions applicable to the property involved, or to the intend use of the property, that do not apply generally to the property or class of use in the same zone or vicinity;

2. The granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the zone or vicinity in which the property is located;

3. The granting of such variance will not adversely affect the comprehensive general plan. 4. There are special circumstances applicable to the property in which the strict application of zoning ordinance regulations will deprive the property of privileges enjoyed by other property in the vicinity and under the identical zone;

4. The granting of such variance will not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated;

5. The planning commission shall impose any conditions and/or requirements it finds necessary to guarantee compliance with the findings by this section.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 912 Sec. II on 1/7/1997 17.120.060 Decisions

The planning commission shall render its decision on the variance at the conclusion of the public hearing and recite the findings upon which the planning commission bases its decision.

HISTORY Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 912 Sec. II on 1/7/1997 17.120.070 Minor Variances

1. The planning director is authorized to grant a minor variance for the following: 1. Setbacks.

   1. Front yard setbacks may be reduced by not more than 25% of minimum requirements.

   2. Side and rear yard setbacks may be reduced by not more that 40% of minimum requirements, but no closer than 3 feet to any property line.

   3. Height of structures may be increased by not more than 10% of maximum permitted height.

   4. Sign area may be increased by not more than 10% of maximum permitted area.

   5. Parking spaces may be reduced in number by 10% of the required parking but not to exceed three spaces.

2. Findings and Conditions. Prior to approval, the planning director must find all necessary findings listed in section 17.120.050 A-E. The planning director shall impose any conditions necessary to guarantee compliance with these findings.

3. Notice. Public notice shall be given in the manner specified in section 17.132.010.

4. Appeals. The planning director’s determination may be appealed in accordance with section 17.136.