Chapter 17.32

GENERAL USE RESTRICTIONS

Sections:

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

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All regulations in this title pertaining to the districts established in Chapter 17.16 are subject to the general provisions, conditions and exceptions contained in this chapter. (Ord. 3-83 § 5.1, 1983)

If any ambiguity arises concerning the appropriate classification of a particular use within the meaning and intent of this chapter, or with respect to matters of height, area requirements or zone boundaries as set forth in this title, the planning commission shall ascertain all pertinent facts and by resolution set forth its findings and interpretations and thereafter such interpretation shall govern, except if the city council directs the planning commission to adopt a different interpretation. (Ord. 3-83 § 5.2, 1983)

A. All of the uses listed in this section, and all matters directly related thereto are declared to be uses possessing characteristics of such unique and special form as to make impractical their inclusion in any class of use set forth in the various districts defined in this title, and therefore the authority for a location of the operation of any of the uses designated in this section shall be subject to the issuance of a use permit in accordance with the provisions of Chapter 17.36. In addition to the criteria for determining whether or not a use permit should be issued as set forth in Chapter 17.36, the planning commission shall consider the following additional factors to determine that the characteristics of the uses listed in this section will not be unreasonably incompatible with uses permitted in surrounding areas: (1) damage or nuisance from noise, smoke, odor, dust or vibration; (2) hazard from explosion, contamination or fire; (3) hazard occasioned by unusual volume or character of traffic or the congregating of large numbers of people or vehicles.

• B. The uses referred to in this section are as follows:

  1. Airports and landing fields;

  2. Cemeteries;

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

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3. Establishments or enterprises involving large assemblages of people or automobiles as follows:

   • a. Amusement parks and racetracks,

   • b. Circuses or carnivals,

   • c. Public buildings, parks and other public recreational facilities,

   • d. Recreational facilities, privately operated;

4. The mining of natural mineral resources, together with the necessary buildings and appurtenances thereto;

5. Removal or deposit of earth other than in connection with excavations or deposits in connection with construction of buildings, roadways or public or home improvements. (Ord. 3-83 § 5.3, 1983)

Accessory buildings shall be constructed with, or subsequent to, the construction of the main building. (Ord 3-83 § 5.4, 1983)

Public utility distribution and transmission line towers and poles, and underground facilities for distribution of gas, water, communications and electricity, shall be allowed in all districts without limitation as to height or without obtaining a use permit therefor; provided, however, that all routes of proposed gas, water, communication transmission lines and electric transmission lines shall be submitted to the city planning commission and then to the city council for their recommendation. Such recommendation shall be received prior to acquisition of rights-ofway therefor. (Ord. 3-83 § 5.5, 1983)

A. Trailer coaches or camping cars should be used for human habitation or occupied for living or sleeping quarters only when installed within a licensed trailer court or trailer park, except during construction of a new residence, or during rehabilitation of a dwelling unit on the property or for temporary guest quarters, after a permit for either of the same has been applied for and granted as provided in this section.

B. During actual construction of a new residence or rehabilitation of a dwelling unit on the property, the owner thereof may apply to the planning commission for a permit to live in a trailer coach or camping car on the property for a maximum of ninety days.

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

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C. The owner or occupant of residential property on which is parked any trailer coach or camping car may apply to the city clerk for a guest permit allowing temporary guest occupancy of such vehicle for not longer than fourteen (14) consecutive days, and the application shall be granted if:

1. The applicant is the owner or occupant of the property on which the trailer coach or camping car is to be situated; and

2. The vehicle is not to be hooked up to city water or sewage services; and

3. No guest permit has been issued for occupancy of the same vehicle during any part of the four-week period next proceeding the first day of the period applied for; and

4. The city clerk has no cause to believe that granting such permit will unreasonably disturb the peace of any other resident of the city.

D. No permit shall be required for the temporary occupancy of a trailer coach or camping car if such proposed temporary occupancy does not exceed forty-eight (48) hours.

E. The city clerk is also authorized to grant a blanket permit to the Shasta Valley Community Club in order to accommodate camping cars or trailer coaches during the city rodeos.

F. The city council is also authorized, upon application and proof of proper insurance, to permit any community organization a blanket permit to accommodate camping cars or trailer coaches during community events.

G. The planning commission shall hear all requests for rehabilitation permits and the city clerk shall accept all applications for such guest permits and each, respectively, shall decide whether or not it is appropriate to grant the permit applied for. The decision of the planning commission or the city clerk shall be final except that the same may be appealed to the city council in writing within fifteen (I 5) days after the decision of is made. The decision of the city council is final.

H. The city shall be entitled to charge a fee for all permit applications under this section, the amount for which shall be set from time to time by resolution by the city council.

I. Trailer coaches or camping cars placed upon property within the city pursuant hereto, other than in a trailer court or trailer park, shall not be situated in any front yard or along the street frontage, except that any such vehicle can be parked or situated on a driveway or other area on the property designed for the parking of vehicles.

J. Other than as provided for in this section, such vehicles shall not be used as sleeping quarters and the sanitary and cooking facilities shall not be used.

K. It is unlawful to dump any waste material within the city limits. (Ord. 93-8, 1993; Ord. 91-4, 1991; Ord. 87-8, 1987; Ord. 3-83 § 5.6, 1983)

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

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Signs for the advertising of the sale of a subdivision may be displayed on the site of the subdivision, upon the securing of a use permit for erection of such signs. (Ord. 3-83 § 5.7, 1983)

Where chimneys, silos, cupolas, flagpoles, monuments, gas storage holders, radio and other towers, water tanks, church steeples and similar structures and mechanical appurtenances are permitted in a district, height limits may be exceeded upon the securing of a use permit in each case. (Ord. 3-83 § 5.8, 1983)

In any district with a height limit of less than seventy-five (75) feet, public and semi-public buildings, schools, churches, hospitals and other institutions permitted in such district may be erected to a height not exceeding seventy-five (75) feet; provided, that the front, rear and side yards shall be increased one foot for each one foot by which such building exceeds the height limit established in this title for such district. (Ord. 3-83 § 5.9, 1983)

Upon securing a use permit any building in any C or M district may be erected to a height exceeding that specified in this chapter for such district; provided, that the cubical contents of the building shall not be increased beyond that possible for a building erected within the height limits specified in this title. (Ord. 3-83 § 5.10, 1983)

• A. Standard Code Conditions.

1. All applicants must submit an application and plot plan to the city clerk's office. The clerk's office is empowered to approve the same in all standard applications of this code. All applications and plot plans shall conform to the regulations set forth in Exhibit A, attached to the ordinance that is to be codified in this section and incorporated herein by this reference. If there is any question as to compliance with the code, the type of material to be used or as to the neighborhood uniformity, the city clerk's office shall submit the same to the public works supervisor, planning commission and/or city council for additional review and approval.

2. For the purpose of installing and maintaining the infrastructures to provide services to the residents of Montague, the city retains the legal right and ownership of easements with setback requirements for these improvements along all applicable city streets and alleyways.

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

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3. As street widths vary, so do the easement or setback requirements. Therefore the true location and dimensions of all streets, alleyways and easements used on all submitted applications shall first be determined after an inspection by the public works supervisor.

4. A fence, hedge, wall or private party use in a city easement may be allowed after review by the public works supervisor, planning commission and/or city council; and the issuance of an encroachment permit by the city clerk's office.

5. Before any installation of a fence, hedge or wall is allowed in a city easement all city infrastructures must be completed within the easement relative to the installation, up to and including curbs, gutters, sidewalks, water lines and sewer lines.

6. The front or main entry street and required front yard area for any residence is determined by and is inclusive of the street address for that residence. Other adjoining streets or roads shall be considered side streets or alleys as applicable.

7. No fence, hedge or wall shall be constructed or planted in such fashion that it blocks or hinders access to the water meter read by city employees.

8. All fences or walls are to be built with the braces and/or beams facing the inside, toward the center of the enclosures.

9. Any fences, hedges, walls or private party uses that did not comply with applicable provisions of this code in effect when the structures or uses were established are violations of this code and are subject to revocation and removal at the property owner's expense.

• B. Fences, Hedges and Walls in Required Front Yard Areas.

  1. As the standard application of this code, fences, hedges and walls not exceeding four feet in height may occupy any part of required front yard areas not within a city easement; provided, that:

• a. The top line of the fence, hedge or wall shall be a straight line with only the bottom following the contour of the land. Decorative gates or archways may upon review and approval extend above the fourfoot height limit.

2. As an exception to the standard application of this code, after review, approval and issuance of an encroachment permit meeting all requirements of Chapter 12.02, front fences, hedges or walls not exceeding four feet in height may be built in the front yard areas up to and/or along the city sidewalk edge, passing over and/or encompassing the easement under the following conditions:

a. The submitted application and plot plan are compliant with all the conditions in subsections (A)(1) through (9) and (B)(1)(a) of this section.

• b. The city retains the legal right and ownership of the easement.

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

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c. Any property owner who installs any fence, hedge or wall to and/or along the sidewalk edge and/or within a city easement agrees to assume all responsibility and related costs for all maintenance and liability issues that may occur on or within the easement. Such issues shall include, but are not limited to, any problems or actions relating to those installations, trees, other foliage, uses and/or any equipment on that easement owned by a third party such as a cable, telephone or power company and shall also include those issues related to the aforementioned installations which arise at a future time.

  - d. Property owner further agrees to indemnify and hold harmless the city of Montague. 

• C. Fences, Hedges and Walls in Side and Rear Yard Areas.

  1. As the standard application of this code, fences, hedges or walls not on or within a city easement and not exceeding six feet in height may occupy any side area (adjacent to a side street or between residences), or rear yard area (adjacent to an alleyway); provided, that:

     • a. The fence, hedge or wall shall follow the contour of the land and the top of the fence shall never exceed six feet above the highest contour at any given point.

b. In the case of a corner lot, the designation “side fence” does not include the portion of a side fence, hedge or wall extending from any side yard into the front yard 20-foot setback required along a designated main street. Those portions of side fences within the required front setback shall not exceed four feet.

2. As an exception to the standard application of this code, after review, approval and issuance of an encroachment permit meeting all requirements of Chapter 12.02, side fences, hedges and walls may be built, when passing over and/or encompassing the city easement, in a side yard area up to or along the city sidewalk edge, to the property line on a side street, or from a side fence, hedge or wall at a side street sidewalk as a rear fence, hedge or wall adjacent to an alley; under the following conditions:

ent permit meeting all requirements of Chapter 12.02, side fences, hedges and walls may be built, when passing over and/or encompassing the city easement, in a side yard area up to or along the city sidewalk edge, to the property line on a side street, or from a side fence, hedge or wall at a side street sidewalk as a rear fence, hedge or wall adjacent to an alley; under the following conditions:

• a. The submitted application and plot plan are compliant with all the conditions in subsections (A)(1) through (9), (B)(2)(a) through (d), and (C)(1)(a) and (b) of this section.

• b. The fence, hedge or wall does not exceed four feet in height along any side street.

• c. The fence, hedge or wall does not extend into any front yard closer than a distance of 20 feet from the front yard property line at a height exceeding four feet.

d. The fence, hedge or wall does not by its construction or placement cause an obvious visibility hardship or other hazard to passing vehicular or pedestrian traffic.

e. Property owner shall lower that portion of a six-foot rear fence down to a four-foot height if due to its placement it appears that a six-foot fence built all the way to the sidewalk would be a visual hazard by its height. Where it extends through a city easement it shall slope from six feet at the beginning of the easement to four feet at the sidewalk or property line. This will be determined during the review of the plot plan. If it appears that a six-foot fence built all the way to the sidewalk would be a visual hazard by

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

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its height the clerk may request the public works supervisor to personally inspect the property and proposed fence area.

• D. Fences, Hedges and Walls in Commercial Zones.

  1. Fences, hedges, walls or structures exceeding six feet in height may be erected in C-2 and M zones to enclose commercial or industrial uses, tennis courts or similar areas when such fences enclose the rear half of a lot. This includes security fences, which may include an additional two feet in height of two barbed wire strands. These fences, hedges and walls may be erected under the following conditions:

     • a. A preliminary inspection is made by the public works supervisor.

     • b. The submitted application and plot plan are compliant with all the conditions in subsections (A)(1) through (9), (B)(2)(b) through (d) and (D)(1) of this section.

     • c. A use permit is applied for, approved and issued in addition to the submission and approval of a standard application, plot plan and any required encroachment permit.

Exhibit A

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

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(Ord. 15-03, 2015; Ord. 15-02, 2015; Ord. 03-02 § 1, 2003; Ord. 91-7, 1991; Ord. 88-3 §§ 1,2, 1988; Ord. 3-83 § 5.11, 1983)

Architectural features on the main building, such as cornices, eaves and canopies, may not extend closer than five feet to any side lot line. Eaves and canopies may extend a maximum of five feet into the required front or rear yard. Fireplaces, not exceeding six feet in breadth, may extend not closer than five feet to any side lot line. (Ord. 3-83 § 5.12, 1983)

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

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Open, uncovered, raised porches, landing places or outside stairways may project not closer than four feet to any side lot line, and not exceeding six feet into any required rear yard. (Ord. 3-83 § 5.13, 1983)

Whenever an official plan line has been established for any street, required yards shall be measured from such line and in no case shall the provisions of this title be construed as permitting any encroachment upon any official plan line. (Ord. 3-83 § 5.14, 1983)

Where an accessory building is attached to the main building, it shall be made structurally a part of and have a common roof with the main building, and shall comply in all respects with the requirements of this title applicable to the main building. Unless so attached, an accessory building in an R district shall be located on the rear one-half of the lot and at least ten feet from any dwelling building existing or under construction on the same lot, or any adjacent lot. Such accessory building shall not be located within five feet of any alley or within five feet of the side line of the lot or, in the case of a corner lot, to project beyond the front yard required or existing on the adjacent lot. (Ord. 3-83 § 5.15, 1983)

A. Swimming pools in R districts shall be constructed on the rear one-half of the lot or fifty feet from the front property line, whichever is the less; such pools shall not be located closer than five feet to any rear lot line or side line. On the street side of any corner lot, where the rear lot line abuts a side lot line, no pool shall be located closer than ten feet to such side lot line. Filter and heating systems for such pools shall not be located closer than thirty feet to any dwelling other than the owner's.

B. No pool shall occupy over forty percent of the required rear yard. Coverage by a swimming pool shall not be considered in measuring maximum lot coverage. (Ord. 3-83 § 5.16, 1983)

In R-E and R-1 districts, where four or more lots in a block have been improved with buildings at the time of the passage of the ordinance codified in this title (not including accessory buildings), the minimum required front setback shall be the average of the improved lots, if the setback is less than the stated requirements of the districts. (Ord. 3-83 § 5.17, 1983)

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

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In R districts, single-family dwellings only may be erected on any parcel of land, the area of which is less than the building site area required for the particular district in which the parcel is located, but if and only if the parcel was in single ownership at the time of the adoption of the ordinance codified in this title. No structure shall be erected on any substandard parcel if the parcel was acquired from the owner or owners of record of contiguous property or the contiguous owner's or owners' transferee after the time of adoption of the ordinance codified in this title. (Ord. 3-83 § 5.18, 1983)

The width of side yards on single-family dwellings constructed pursuant to Section 17.32.180 may be reduced to ten percent of the width of such parcel, but in no case to less than four feet. (Ord. 3-83 § 5.19, 1983)

In any R district, where a dwelling unit is located on a lot so that the main entrance is located on the side of the building, the required main entrance setback, from the front setback line to such entrance, shall not be less than ten feet. (Ord. 3-83 § 5.20, 1983)

Dwelling groups shall be constructed so that the following minimum distances are provided:

• A. Minimum of ten feet between buildings;

• B. Minimum of twelve feet between side yard line and access side of single row dwelling groups;

• C. Minimum of twenty feet between access side of building in double rows. (Ord. 3-83 § 5.21, 1983)

In case an application is made for a permit for any building lot or structure in a C or M district, the application shall be accompanied by architectural drawings or sketches, showing the elevations of the proposed building or structure and site plans showing proposed landscape or or other treatment of the grounds around such building or structure. Such drawings, sketches and site plans shall be considered by the planning commission in an endeavor to provide that the architectural and general appearance of such buildings or structures and grounds be in keeping with the character of the neighborhood and such as not to be detrimental to the orderly and

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

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harmonious development of the city, or to impair the desirability of investment or occupation in the neighborhood. (Ord. 3-83 § 5.22, 1983)

The planning commission may appoint an architectural committee of three of its members which shall exercise the architectural considerations provided for in Section 17.32.220. (Ord. 3-83 § 5.23, 1983)

No permit shall be issued in any case where architectural consideration is required until such drawings and sketches have been approved by the planning commission and all buildings, structures and grounds shall be constructed and improved in accordance with the approved drawings and sketches. (Ord. 3-83 § 5.24, 1983)