Martinez City Zoning Code

In order to give the district use regulations of this Title the flexibility necessary to achieve the objectives prescribed in Section 22.02.010, in certain districts conditional uses are permitted, subject to the granting of a use permit. Conditional uses include certain types of community facilities, institutions and public utility installations appropriately located in residential, professional and administrative offices, commercial and industrial districts, certain types of light industrial uses appropriately located in commercial service districts, certain types of heavy industrial uses appropriately located in light industrial districts and certain types of nuisance industries appropriately located in heavy industrial districts. Because of their unusual characteristics, conditional uses require special consideration, so they may be located properly with respect to their effects on surrounding properties. In order to achieve these purposes, the Board of Adjustments is empowered to grant and to deny applications for use permits and to impose reasonable conditions upon the granting of use permits, subject to review by the Board of Appeals.

The Board of Adjustments may grant use permits for such conditional use in such districts as are prescribed in the district regulations of this Title subject to review by the Board of Appeals in accord with the procedure prescribed herein.

At the public hearing the Board of Adjustments shall review the application and the statements and drawings submitted therewith and shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated, or maintained, particularly with respect to the findings prescribed in Section 22.40.070 of this Chapter.

The Zoning Administrator shall make an investigation of the application and shall prepare a report, thereon which shall be submitted to the Board of Adjustments.

The Board of Appeals shall hear the matter de novo and may affirm, or may reverse or modify the decision of the Board of Adjustments. Approval of the use permit shall require a majority vote of the members of the Board of Appeals voting on the matter. A tie vote shall have the legal effect of denying the use permit.

A use permit, unless otherwise limited, shall lapse and shall become null and void 1 year following the date on which the use permit became effective, unless a building permit is issued, and construction commenced on the site. A use permit may be renewed for an additional period of 1 year provided that prior to the expiration of 1 year from the date when the permit originally became effective, an application for renewal of the use permit is filed with the Board of Adjustments. The Board may grant or deny an application for renewal of a use permit. Within 10 days of the date of a decision by the Board denying an application, the decision may be appealed to the Board of Appeals which shall render a decision on the application for renewal.

Upon violation of any applicable provision of this title or, if granted subject to a condition or conditions, upon failure to comply with the condition or conditions, a use permit shall be suspended automatically, the Board of Adjustments shall call a public hearing within 60 days in accord with the procedure prescribed in Section 22.40.040 and, if not satisfied that the regulation, general provision or condition is being complied with, may revoke the use permit or take such action as may be necessary to ensure compliance with the regulation, general provision or condition.

Following the denial of a use permit application or the revocation of a use permit, no application for a use permit for the same or substantially the same conditional use on the same or substantially the same site shall be filed within 1 year from the date of denial or revocation of the use permit.

A use permit granted pursuant to the provision of this Chapter or Chapter 22.42 of this Title, shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the use permit application.