Chapter 17.36

USE PERMITS AND VARIANCES

Sections:

• 17.36.010 Use permit—Issuance authority.

• 17.36.020 Use permit—Application. 17.36.030 Use permit—Requirements. 17.36.040 Variance—Requirements. 17.36.050 Variance—Nonconformity not allowed.

• 17.36.060 Variance—Application.

• 17.36.070 Variance—Granting.

• 17.36.080 Hearings.

• 17.36.090 Council action.

• 17.36.100 Acceptance.

• 17.36.110 Appeal. 17.36.120 Expiration. 17.36.130 Revocation—Grounds. 17.36.140 Revocation—Hearing.

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

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Use permits, revocable, conditional and/or valid for a term period, may be issued as provided in this chapter for any of the uses or purposes for which such permits are required or permitted by the terms of this title. The planning commission may impose such conditions as it deems necessary to secure the purposes of this title and may require tangible guarantees or evidence that such conditions are being or will be complied with. (Ord. 3-83 § 7.1, 1983)

Application for use permits shall be made in writing by the owners of the property, lessee, purchaser in escrow, or optionee with the consent of the owners, on a form prescribed by the planning commission. The application shall be accompanied by a fee, set by the city council, and plans showing the details of the proposed use to be made of the land or building. (Ord. 3-83 § 7.2, 1983)

Upon receipt of the application for use permit, 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 detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, or whether it will be injurious or detrimental to property and improvements in the neighborhood or the general welfare of the city. If the planning commission finds that the aforementioned conditions will not result from the particular use applied for, it may grant the use permit. (Ord. 3-83 § 7.3, 1983)

Applications for variance from the strict application of the terms of this title may be made and variances granted when the following circumstances are found to apply:

A. That any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute grant of a special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject · property is situated; and

B. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. (Ord. 3-83 § 7.4, 1983)

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

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Title 17 Zoning | Montague Municipal Code

The use of lands or buildings not in conformity with the regulations specified for the district in which such lands or buildings are located may not be allowed by the granting of a variance from the strict application of the terms of this title. (Ord. 3-83 § 7.5, 1983)

Applications for variance shall be made in writing by a property owner, lessee, purchaser in escrow, or optionee with the consent of the owners on a form prescribed by the planning commission. They shall be accompanied by a fee, set by the city council, a plan of the details of the variance requested, and evidence showing (A) that the granting of the variance will not be contrary to the intent of this title or to the public safety, health and welfare, and (B) that due to special conditions or exceptional characteristics of the property, or its location, the strict application of this title would result in practical difficulties and unnecessary hardship. (Ord. 3-83 § 7.6, 1983)

If the planning commission finds that the qualifications under Section 17.36.050 apply to the land, building or use for which variance is sought, and that such variance is in accordance with the intent of this title, it may grant all or part of the variance sought. (Ord. 3-83 § 7.7, 1983)

No public hearing need be held upon any use permit or variance application; provided, that the planning commission may hold any hearings deemed necessary. Notice of such hearings shall be given as provided by law. (Ord. 3-83 §7 .8, 1983)

Use permits and variances shall not be issued until five days have elapsed from the granting thereof, and in case an appeal is filed from the planning commission decision thereon shall not be issued until decision is made by the city council on such appeal. (Ord. 3-83 § 7.9, 1983)

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

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Use permits and variances shall not have any force and effect until the permittee acknowledges receipt thereof and acceptance of any conditions thereto. (Ord. 3-83 § 7.10, 1983)

In case the applicant or any other person is not satisfied with the action of the planning commission on any use permit or variance application, he may, within five days, appeal in writing to the city council. (Ord. 3-83 § 7.11, 1983)

Any use permit or variance granted in accordance with the terms of this title shall, without further action, become null and void if not used within one year from the date of the approval thereof or within any shorter period of time, if so designated by the planning commission. (Ord. 3-83 § 7.12, 1983)

Any use permit or variance granted in accordance with the terms of this chapter may be revoked by the city council in the · manner set forth in this chapter, if any of the conditions or terms of such permits are violated, or if the following findings are made:

A. In connection with use permits: The continuance of the use would be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such use, or would be injurious or detrimental to the property and improvements in the neighborhood or to the general welfare of the city.

B. In connection with variances: Continued relief from the strict application of the terms of this chapter would be contrary to the public interest, safety, health and welfare. (Ord. 3-83 § 7.13, 1983)

Before the council considers revocation of any permit, the planning commission shall hold a hearing thereon after giving written notice thereof to the permittee at least ten days in advance of the hearing. Within five days thereafter, the commission shall transmit a report of its findings and its recommendations on the revocation to the city council. (Ord. 3-83 § 7.14, 1983)

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

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Title 17 Zoning | Montague Municipal Code