Chapter 17.16

DISTRICT USE REGULATIONS*

Sections:

The Montague Municipal Code is current through Ordinance 21-04, passed August 5, 2021.

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*** Editor's note:** Ord. 20-02, adopted Sept. 3, 2020, amended Ch. 17.16 in its entirety to read as herein set out. Former Ch. 17.16, §§ 17.16.010 and 17.16.020, pertained to similar subject matter, and derived from Ord. 3-83, §§ 4.1 and 4.2; Ord. 91-2 (part), 1991; Ord. 96-01, 1996; Ord. 03-03, 2004; and Ord. 13-02, 2012.

Except as provided in this chapter, no structure shall be erected, reconstructed, enlarged, altered or moved; nor shall any building or land be used except as hereinafter specifically provided and allowed in the districts in which such structure and land are located. (Ord. 21-02 § 2, 2021; Ord. 20-02 § 2, 2020)

District zoning regulations are set out in Table 17.16.020, which is attached to the ordinance from which this section derives and is incorporated in this section by reference. (Ord. 21-02 § 2, 2021; Ord. 20-02 § 2, 2020)

A. No building or structure on land designated R-1 shall be used, and no building or structure shall be designed, erected, structurally altered or enlarged, except for the following purposes:

• B. Uses Permitted without a Use Permit.

  1. Single-family dwellings;

  2. Accessory dwelling units and junior accessory dwelling units in accordance with Chapter 17.30;

  3. Farmworker housing for six or fewer persons;

  4. Supportive and transitional housing;

  5. Intermediate care facilities serving six or fewer persons;

  6. Accessory buildings, if constructed concurrently with or subsequent to the main use;

  7. One sign, not over six square feet in area, pertaining to the sale, lease, or rental of property on which it is located;

  8. Employee housing, small;

  9. Group care homes, small.

• C. Uses Permitted with a Use Permit.

The Montague Municipal Code is current through Ordinance 21-04, passed August 5, 2021.

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1. Public buildings, churches, schools, parks, playgrounds and hospitals;

2. Landscaped public or private parking lots when adjacent to C or M districts;

3. Home occupations, crop and tree farming, public utility buildings and uses, but not including equipment yards, storage yards, warehouses or repair shops;

4. Duplex, triplex, and fourplex residential buildings at R-2 densities with architectural review as defined in the general plan;

5. Mobile home parks at R-1 densities.

• D. Minimum lot size in this district shall be 7,500 square feet. (Ord. 21-02 § 2, 2021; Ord. 20-02 § 2, 2020)

A. No building or structure on land designated R-1A shall be used, and no building or structure shall be designed, erected, structurally altered or enlarged, except for the following purposes:

• B. Uses Permitted without a Use Permit.

  1. Single-family residential dwellings;

  2. Farmworker housing for six or fewer persons;

  3. Accessory dwelling units and junior accessory dwelling units in accordance with Chapter 17.30;

  4. Supportive and transitional housing;

  5. Intermediate care facilities serving six or fewer persons;

  6. Accessory buildings, if constructed concurrently with or subsequent to main use;

  7. One sign, not over six square feet in area, pertaining to the sale, lease or rental of property on which it is located;

  8. Employee housing, small;

  9. Group care homes, small.

• C. Uses Permitted with a Use Permit.

  1. Public buildings, churches, schools, parks, playgrounds and hospitals;

  2. Landscaped public or private parking lots when adjacent to C or M districts;

The Montague Municipal Code is current through Ordinance 21-04, passed August 5, 2021.

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3. Home occupations, crop and tree farming, public utility buildings and uses, but not including equipment yard, storage yard, warehouse or repair shops;

4. Mobile home parks at R-1 densities.

• D. Minimum lot size in this district shall be 15,000 square feet. (Ord. 21-02 § 2, 2021; Ord. 20-02 § 2, 2020)

• A. No building or structure on land designated R-2 shall be used, and no building or structure shall be designed, erected, structurally altered or enlarged, except for the following purposes:

• B. Uses Permitted without a Use Permit.

  1. All uses permitted in the R-1 district for which no use permit is required;

  2. Duplex and triplex residential buildings with architectural review as defined in the general plan.

• C. Uses Permitted with a Use Permit.

  1. All uses permitted in the R-1 district for which a use permit is required;

  2. Mobile home parks at R-2 densities. (Ord. 21-02 § 2, 2021; Ord. 20-02 § 2, 2020)

A. No building or structure on land designated R-3 shall be used, and no building or structure shall be designed, erected, structurally altered or enlarged, except for the following purposes:

• B. Uses Permitted without a Use Permit.

  1. All uses permitted in the R-1 and R-2 districts for which no use permit is required;

  2. Duplexes and triplexes with architectural review, as defined in the general plan;

  3. Multifamily residential of not more than four dwelling units per lot with architectural review, as defined in the general plan;

  4. Single-room occupancy facilities with six or fewer dwelling units, one unit of which is reserved for and occupied by the facility manager;

  5. Emergency shelters;

  6. One sign, not over eight square feet, appurtenant to the principal use of the property.

The Montague Municipal Code is current through Ordinance 21-04, passed August 5, 2021.

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• C. Uses Permitted with a Use Permit.

  1. All uses permitted in the R-1 and R-2 district, for which a use permit is required;

  2. Multifamily residential of five or more dwelling units per lot;

  3. Hotels, motels, roominghouses and boardinghouses, lodges, clubs, rest homes and assisted care facilities;

  4. Mobile home parks at R-1 densities;

  5. Bars, restaurants or coffee shops, accessory uses permitted in the district, and where entrance to such is from a lobby or court without direct access to a public street;

  6. Professional offices, clinics;

  7. Group care homes, large. (Ord. 21-02 § 2, 2021; Ord. 20-02 § 2, 2020)

A. No building or structure on land designated MH shall be used, and no building or structure shall be designed, erected, structurally altered or enlarged, except for the following purposes:

• B. Uses Permitted without a Use Permit.

  1. Mobile home parks, as defined in Section 18214 of the state of California Health and Safety Code and regulated by the California Department of Housing and Community Development and the appropriate state or federal agencies.

  2. Accessory dwelling units and junior accessory dwelling units in accordance with Chapter 17.30.

• C. No other uses are permitted. (Ord. 21-02 § 2, 2021; Ord. 20-02 § 2, 2020)

A. No building or structure on land designated RAG-2 1/2 shall be used, and no building or structure shall be designed, erected, structurally altered or enlarged, except for the following purposes:

• B. Uses Permitted without a Use Permit.

  1. Single-family dwellings;

  2. Agricultural uses;

  3. Supportive and transitional housing;

The Montague Municipal Code is current through Ordinance 21-04, passed August 5, 2021.

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4. Intermediate care facilities serving six or fewer persons;

5. Accessory dwelling units and junior accessory dwelling units in accordance with Chapter 17.30.

• C. Uses Permitted with a Use Permit.

  1. Employee housing, large. (Ord. 21-02 § 2, 2021; Ord. 20-02 § 2, 2020)

A. No building or structure on land designated C-1 shall be used, and no building or structure shall be designed, erected, structurally altered or enlarged, except for the following purposes:

• B. Uses Permitted without a Use Permit.

  1. Retail business establishments within a building, conducting sales of the following: apparel, books, confectionery, drugs, flowers, food, furniture, general merchandise, gifts, hardware, jewelry, liquor, periodicals, photo supplies, household appliances;

2. Personal service establishments within a building including the following: barbershop, beauty shop, cleaning agency, photographic studio, radio and TV repair, shoe repair;

   3. Department stores, banks, self-service laundries, professional and business offices, utility uses but not including equipment yards, warehouses or repair shops;

   4. Accessory dwelling units in accordance with Chapter 17.30.

• C. Uses Permitted with a Use Permit.

  1. Signs, pertaining to any permitted use;

  2. Parking lots;

  3. Retail sales and personal services not within a building, service stations;

  4. Residential uses, hotels, motels and apartment building complexes as specified in R-1, R-2 and R-3 districts. (Ord. 21-02 § 2, 2021; Ord. 20-02 § 2, 2020)

A. No building or structure on land designated C-2 shall be used, and no building or structure shall be designed, erected, structurally altered or enlarged, except for the following purposes:

• B. Uses Permitted without a Use Permit.

The Montague Municipal Code is current through Ordinance 21-04, passed August 5, 2021.

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1. All uses permitted in the C-1 district;

2. The following uses within the building: animal hospital, auto sales and services, automotive repair shop, auto body and paint shop, commercial recreation, creamery, dry cleaner, heavy equipment sales and services, laundry, locker plant, mini-storage, mortuary, nursery, plumbing shop, secondhand sales, sheet metal shop, tire shop, wholesaling;

3. The following uses when conducted within a building or surrounded by a solid fence of board, masonry or otherwise suitable material at least six feet high: blacksmith shop, bottling plant, building materials, cabinet shop, cold storage, contractor's yard, feed and fuel yard, food processing, lumberyard, machine shop, outdoor storage and sales, pipe yard, public utility service yard, warehousing;

   4. Light manufacturing, fabricating, assembling, component manufacturing, small parts processing.

• C. Uses Permitted with a Use Permit.

  1. Signs pertaining to any permitted use;

  2. Outdoor storage and sales establishments, service stations;

  3. Residential uses, hotels, motels and apartment building complexes as specified in R-1, R-2 and R-3 districts;

  4. Single-room occupancy facilities with more than six dwelling units, one unit of which is reserved for and occupied by the facility manager. (Ord. 21-02 § 2, 2021; Ord. 20-02 § 2, 2020)

A. No building or structure on land designated M shall be used, and no building or structure shall be designed, erected, structurally altered or enlarged, except for the following purposes:

• B. Uses Permitted without a Use Permit.

1. Wholesale stores and storage, service establishments, light and heavy industrial and manufacturing uses, which in connection with there is no appreciable offensive or objectionable odor, dust, noise or other nuisance factors; all the following uses are included when conducted within a building or surrounded by a solid fence of board, masonry or otherwise suitable material, at least six feet high: blacksmith shop; bottling plant, building material, cabinet shop, cold storage, contractor's yard, feed and fuel yard, food processing, lumberyard, machine shop, outdoor storage and sales, pipe yard, public utility service yard, warehousing;

2. Service stations;

3. Signs appurtenant to permitted uses;

4. Accessory dwelling units in accordance with Chapter 17.30.

The Montague Municipal Code is current through Ordinance 21-04, passed August 5, 2021.

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• C. Uses Permitted with a Use Permit.

  1. Industrial or manufacturing uses, which in the opinion of the planning commission may be objectionable by reason of the production of offensive odors, dust, noise, bright lights, vibration or involving the storage or handling of explosive or dangerous materials, and including but not limited to those uses listed as follows: auto wrecking, bituminous paving plants and manufacturing of bituminous paving products, commercial excavation of building or construction materials, concrete batching plants, junkyards, manufacturing or storage of acid, cement, explosives or fireworks, fertilizer, gas, glue, gypsum, inflammable fluids, lime or plaster of Paris, refining or storage of petroleum or its products, salvage of war surplus yards, smelting of iron, tin, zinc or other ores;

  2. Retail sales and personal service establishments;

  3. Residential uses, only when accessory to industrial or commercial uses;

  4. Outdoor advertising signs and structure, not appurtenant to uses. (Ord. 21-02 § 2, 2021; Ord. 20-02 § 2, 2020)