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Siskiyou County Unincorporated
City Zoning Code

ARTICLE 14

- Expiration, Revocation, and Appeals of Permits and Variances*

* Article 14 entitled "Interim Zoning (Vicinity of Mt. Shasta)," consisting of Sections 10-6.1401 through 10-6.1406, added by Ordinance No. 381, effective June 18, 1962, amended in its entirety by Section II, Ordinance No. 623, effective July 17, 1974.


Sec. 10-6.1401.- Expiration of permits.

(a)

Any zoning permit, use permit, or variance granted in accordance with the provisions of this chapter shall, without further action, become null and void if not used within two (2) years after the date of approval thereof or within any shorter period of time if so designated by the Planning Commission or Board.

(b)

Any zoning permit, use permit or variance ranted in accordance with the provisions of this chapter may be granted one two (2) year time extension. Requests for a time extension shall be in writing to the Planning Department prior to the expiration date. The agency granting the time extension shall set the final date of expiration to extend not more than four (4) years beyond the date of the first approval.

(§ II, Ord. 623, eff. July 17, 1974, as amended by § I, Ord. 90-22, eff. August 9, 1990)

Sec. 10-6.1402. - Revocation of permits.

Any zoning permit, use permit, or variance granted in accordance with the provisions of this chapter may be revoked by the Board in the manner set forth in this section if any of the conditions or terms of such permits or variances are violated, if compliance is not made with the provisions of this chapter, or if the following findings are made:

(a)

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 property and improvements in the neighborhood or to the general welfare of the County; and

(b)

Variances. Continued relief from the strict application of the provisions of this chapter would be contrary to the public interest, safety, health, and welfare.

Before the Board shall consider the revocation of any permit, the Planning Commission shall hold a public hearing thereon after giving written notice thereof to the permittee at least ten (10) days in advance of such hearing and in the same time and manner provided by law. Within five (5) days thereafter, the Planning Commission shall transmit a report of its findings and its recommendations on the revocation to the Board.

(§ II, Ord. 623, eff. July 17, 1974)

Sec. 10-6.1402.1. - Filing fee.

All persons requesting the revocation of any permit shall pay all fees and/or deposits as provided by the County's ordinance establishing fees and charges.

(§ X, Ord. 97-21, eff. August 7, 1997)

Sec. 10-6.1403. - Appeals on the permits and variances.

In the event any protestant to the use permit or variance sought is not satisfied with the action of the Planning Commission or Planning Director on such matter, he may, within ten (10) days, make an appeal regarding such action to the Board or Planning Commission, accompanied by a fee set by the Board.

(§ II, Ord. 623, eff. July 17, 1974 and § I, Ord. 92-11, eff. April 28, 1992, as amended by § X, Ord. 97-21, eff. August 7, 1997)

Sec. 10-6.1404. - Appeals on use permits and variances: Procedure.

Appeals on administrative permits and variances shall be made in writing and filed with the Planning Director, accompanied by a fee set by the Board. Upon the receipt of such appeal, the Planning Director shall set the matter for public hearing before the Planning Commission, notice thereof to be given in the same time and manner provided by law.

Notice shall be given to the applicant of such appeal time and a report shall be submitted by the Planning Director to the Planning Commission setting forth the reasons for the action taken by the Planning Director. Such report shall be submitted in writing and may be supplemented by oral and documented evidence. The action of the Planning Commission to change the decision of the Planning Director shall be by the affirmative vote of not less than a majority of its total membership.

The decision of the Planning Commission shall be rendered at the close of the hearing on the matter.

(§ II, Ord. 623, eff. July 17, 1974 and § I, Ord. 92-11, eff. April 28, 1992)

Sec. 10-6.1405. - Appeals on use permits and variances to Board: Procedure.

Appeals on use permits and variances shall be made in writing and filed with the County Clerk, accompanied by a fee set by the Board.

Upon the receipt of such appeal, the Board shall set the matter for public hearing, notice thereof to be given in the same time and manner provided by law.

Notice shall be given to the Planning Commission and the applicant of such appeal. Appeal hearings shall be de novo. The action of the Board shall be by the affirmative vote of not less than a majority of its total membership. The decision of the Board shall be rendered not more than forty-five (45) days after the close of the hearing.

(§ I, Ord. 92-11, eff. April 28, 1992; Ord. No. 17-09, § I, 7-11-2017)