Use Permits

Principal permitted uses require no Use Permit. However, a Use Permit is required for those conditionally permitted uses within a zoning district. (Permit Application Submittal Requirements) These uses may require special treatment or may be of unusual concern to adjacent property owners, the neighborhood or community. These uses are considered to be desirable but because of their nature should not be permitted in every location in a zone. The duty of the Planning Commission when approving Use Permits is to condition the use so it will not be unsuitable to the surrounding area. There is no certainty that a Use Permit will be approved. Special conditions are always applied. The following must be found before a Use Permit can be granted:

  1. The site is adequate in size and shape to accommodate this use.
  2. The site relates to streets and highways, which are properly designed to carry the type and quantity of traffic generated by this use.
  3. The use will no cause significant adverse impacts on abutting property.
  4. The Planning Commission is requiring certain conditions of this use necessary to protect the health, safety, and general welfare.

A Use Permit requires approval by the Planning Commission or the Zoning Administrator at a public hearing. A legal notice will be mailed to property owners within 300 feet of the site. Certain limited uses may be approved by the Zoning Administrator rather than by the Planning Commission. The action of the Zoning Administrator can be appealed to the Planning Commission and action of the Planning Commission can be appealed to the City Council on Use Permits.

For further information on Use Permits, see CHAPTER 38 Article 22, Use Permits; Variances  of the Zoning Ordinance. (READ DISCLAIMER)

 

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Rev. 02/25/08 - C. Raynor -  http://www.monterey.org/commdevelop/planning/use_permit.html