Mariposa County Municipal Code § 17.140.010 Conditional Use Permits And Variances Declared Null And Void

• 17.140.030 Conditional Use Permits And Variances--Revocation

• 17.140.040 Conditional Use Permits And Variances--Conditions Of Revocation 17.140.050 Conditional Use Permits And Variances--Revocation Hearing 17.140.060 Commission Action

Any conditional use permit or variance shall be null and void if not used and/or fully implemented within three (3) years from date of approval thereof, unless the approval authority finds and stipulates in its original approval that a different time limit is necessary and not detrimental to the public health, safety, and welfare, or an extension of time has been approved.

HISTORY

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

The approval authority may approve one extension of time on a conditional use permit or variance permit approved pursuant to this Title, for up to eighteen (18) additional months, after notice is given in the same manner as the original approval, if it finds that such extension is necessary and not detrimental to the public health, safety, and welfare.

HISTORY Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 912 Sec. II on 1/7/1997 17.140.030 Conditional Use Permits And Variances--Revocation

A conditional use permit or variance may be revoked by resolution of the planning commission, if it is found than any or all of the requirements that were imposed as conditions on the conditional use permit or variance has not been met. Such revocation cannot take place until all procedures for public hearings, as stipulated in this chapter and Chapter 17.132 of this title have been performed. After final determination is made following the public hearing on such a revocation, the planning commission must develop findings explaining the grounds for revocation and base the revocation on those findings.

HISTORY

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

Any conditional use permit or variance may be revoked by the planning commission in the manner hereinafter set forth, if any one of the conditions or terms of such permits are violated, or if any of the following findings are made:

1. In connection with conditional use permits:

   1. The continuance of the use would be substantially detrimental to the health and safety of the persons residing or working in the neighborhood of such uses;

   2. The conditions of the permit are violated;

   3. Activities carried out on the premises for which the permit was granted are or have been in violation of state law or county regulations.

2. In connection with variances:

   1. Continued relief from the strict application of the terms of this title will be contrary to the public safety and health;

2. Conditions of the variance are being or have been violated.

HISTORY

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

Before the planning commission considers revocation of any conditional use permit or variance, a public hearing shall be held on the matter in accordance with the provisions of Chapter 17.132 of this title. Notice of the hearing shall be provided to the permittee by certified mail at the last known address of the permittee.

HISTORY

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

At the conclusion of a hearing or revocation, the planning commission shall take action, by resolution, to revoke or modify the permit.

HISTORY

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