The URL can be used to link to this page

Home My WebLink About67-202 ZONING 1 OF 1i;�INilll!►!!�' �� i�igi�� I I�,,!!l��riu �� _ � II�Ilillllilll I .I� II► .il.. _ (Ili ..!!I. ff ' IIIIIIII �� i , Ln J ii,Ni ., i iijill `I t rr i fl r.,q , ..,; II;;Illllluii,l cll i � in,pr �(�hi 1 I. .... :"'...'^o..�;. rte_..► Y +Y uI %`�- 5 7 - 2{12 PROPOSED AMENDMENT TO ZONING ENABLING ORD. NO. 476 (By Dan Blackstock) regarding use permits, non -conforming uses & 'variances. JUly 25, 1967 Blackstock presented and it teas referred to thecomm issiontforBstudy. July 2$, 1967 - Regular PC Mtj Chan advised the Commfssion that tills will ear explained at the August 8, 1967 Regular PC Mtg When Blackstock. Wil) be present. August 8, 1967 g ` 9 The askeahpC,af to set public frea►�in q Propos l for amendaje It of Ord, No. 478. Sept. 5 1967 - Public Hearing (Set by Fee & Walsh) oeptember 12, 1567 �. FC approved the Proposed amendmeht subject to a change Ot five days wherever 10 days appears in the ordinance. October 31; 1967 - Board of Supervisors 1 the Board concurred with the I, i g�B approval. and ADOPTCb ORDINANCE NO, 956, enn�r► Corn`massa.o V �f o IJJ,f � f OU17E COUNir PLANNINS COM, APR 181968 10ROVILL.8, CALIF d oi- r�i des 'reposed ordinance that es.George 7'Cel. of Par9dise, . T lab"lsshes Aeiv*OcedUtes fax ob- board nienibars said they dldiiot aiiilttg a ipro'va5 of rtsC �iertnits know 111111, IMaxoh nolntn:iti't7 nd valiahces was outlined to feel. ltd bo'i,r<1 at'snpervNors yester-- y;`hy Dan 131ackstoek, assist ttt,te Ord11flity Counsel.OS,t The rdlhfince establishes thateeltlbk• by the plannhtg cnm. niisslon on the pel'blits and va 1. Andes ai•o fitlal, unless appealed Toto Realtor the Board of super visors, there has been considerable cail11sfan durlog, past. ivoolti a m tloA.xd ltieetltiias ou it!lttallier 'ltrGroup1 supervisors should tiiake a de• Friday cisloh on the prrtnits itel(,- toldhlg an apival hearlhg.�fiia � NoTllterlt cattnties exchap� ucalura apparenkli WagdC- awill play Most to real estate �Clbped to belt, ellni;,1airi th vsexch,Ailge expet'is from all 'of wroblem. Callfot`hia 1119 <two-day workshop Blackstock said the brdillatice At the Clks Club In Orivllle bei vlll, �be set. for 1tetiring by the ittning at 5; 0 a,ni, Priday Ana Onuillssiatt before. it is forward, etiding, Saturday, l 5k (o the supeNlsoIi's for ttnai �r61ously scheduled at prav Cttoh, SIiPCt�it's Vtllate, a last-mJ1110 Utli r, inatd'dctlgli yeslerdtry; 'lift of lacaliar ling been forced , .'doted, 9-Y io s,„tici a uiessa e � rile rasttturaiit stxilce, ► COV I#analdRCa all ur In 1110e1, 101.1011 had been selled, g g g M',ialed tot f"ilday hos hewn moved tto� 81pIegts�xtioii that i3urton's llre5a, atiitl`: rCtiGtrp' etlutttros is go` TNitt newest tub of. real es: uiiuh thelr local agency for. niton ,Coniliiisslons when es- i rte llarsa trnittng will feattuvi a bllsiiig "scrvlce ares,'' su.' ew breed of westerner who otiles to this tiled, twfrltng itbrit cr�VtCT Miley °Ilarvsdeti, i + y"Cli,lr=ohglnsse a lnscad of tN$ , lx 91111, and ltb is arnied ivltb rt bete ifi "pme inerll in this i civ akin acid knowledge about uicx- l'fn%1i1,'11pd lith' t x091►, Wd Xelilt llllftgo Chico t'1 hr�' l tipd ►i al esthto broken, the ohahinan =authorized tnihar gr.1velht t, g t Che .Vent. The naiitC of ,lio' Ing turd, �aal� cantltig of lhC lowi►lg 646 lair the, fallowing ohy isa,lta big Problem. g It a $ts; .W"00, Orchard .state :1s the best lvay, ly'a ex iy, $8,50ht Sie0W' Avetnte, eat t6 W1110 11IC11dradS of thotlta Sop; 16Chtreef >i1',lliltt;'01e11 i, ads of dollars iti real estala rl�,, :l�rlye; �7,�oq, tl h p:�+r s� i�i�ti�es at rids �veiltr� nt�nt ui�tt �dadt�g QN, t,ppobtw, hlargat'ot Uorrls, a1;1iei7i catttties tlrr�angars' nier'I;melrtbet� of Ilia grand up U 9iade, Ito Of 'vealto Yw to,the mental Moth odvis. hr kers Atui Chico, brovillo, board, lvlticll avorsees the ndise, Veddltlg, tied WINlCii„rrl100 The vaita Was S-9. Cgrning, Qr gcltey, drtaitif attFl ervlsorn Dan Maxon, paraM traded County to the hirth , hlid Willer D1111ti AV. Ashloy llfotwh al lied f tuff i ' rs,.dfsstrlt d, t0htg"they ilid ti-Ostdent of iNe group, bail ittllii 11er,"lils ivas trfler tier, CPP, (Certified Propertyi tp'r t1>rea tl+iard nlenibcrs C1talt,901) Roads the Or* llo. p do ivn' the ndtnlnhtoit of b Itiogent at tite jiicet, _ ri ��x.�.� tee •. ^K+_ n L' y COUNTI =NSEL Reply to: • • Butte County Courthouse Oroville, California July 19, 1967 Honorable Board of Supervisors Arley L. Howsden, Chairman Jack J. McKillop, Supervisor bri 0. E4 Dunaway, Supervisor Leslie J. Pryde, Supervisor Don Maxon, Supervisor Gentlemen: I have taken the liberty oflap Ling a proposed ordinance on the a eg nda for next week, and have enc:l`osea ittoryour review. , This amendment to the enabling ordinance is, as you will - note, primarily to set a definite procedure with regards to use permits, non -conforming uses and variances: You will note that none of these matters would come before you in the future unless an appeal were filed, w believe that, the legislation passed in 1965, to wit, Government Code Section, "5903, 55904 and 65905, as well as, 65102) does give us adequ�, •authority to place the final de'�ermination in the hands of t►, 'anning Commission subject to an appool to you. 1 have revue,., ' this - matter with Mr, Fee Chan, and he is in agreement with tY propos,ad amendment. You will note that I have defined when a variance may be In ' granted. n doing s0, Y have quoted verbatim Government lode Section 65906, In view of the provisions of Government C6de Section 65904, it would appear that section 65906 is binding upon you anyway, and the Planning Commission as well. Therefore, 1 feel that it behooves us to have our ordinance in compliance with law j so that the public will _be better informed as to when a variance may be granted, and understand the basis 'upon which you and the Planning Commission must snake "its deci ons ICU% tooHTY hL�WN}Rci'CG i JUL 2 OROVILLti CALL rte, F Y f i P7 AN 0RDINPjjCE AMENDU ORDINANCE 475 1 The Board of Supervisors of tIle County of Buttedo ordain 2 as follows::' 3. Ordinance No., 475 is hereby amended as follows: 1. Section-12- is hereby amended to read as follows: ` r SECTION' 12. NON-CONFORMIliG USES. Any uses of property in - P Y & use at the gime -of-enactment of a zoning ordinance, and which use 7 is in conflict with the zoning-ordinance so enacted, may be 8' i continued snaject to the following regulations: e _ 9' _ (a) No non-conforming use shall be-enlarged without first securing a.use permit. Section. 13.4 is amended to read as follows: 12. The findings of the Planning Commission shall be that the 13 maintenance or operation of the use applied.for wi11 or wyll not 14 be consistent with Section.2 of this ordinance and will or will 75. not impair the integrity and character of the zone in which it', 1 16 lies. , 27 3. Section 13.5 is amended to read as; follows: 18 The findings of the Planning .Comm ssion shall be final unless " 23 ' ei Cher the proponents or the opponents of the: (proposed) s u e permit 20 file a written appeal to the Board of Supervisors cars with' en da 27 of the action: taken by the Planning Comfmission.. No use permit may ~ 0122 � be issued until said time for appeal has exoited nor - may ..Such. e123 permit be issued in the event an appeal is fileduntil the'Board k '- 24 '' of Supervisors, acts on said. appeal U PP Upon-receiptof an appeal the 2v Board of Supervisors wx11 set a hearing in not less than ten days. . 26� The hearing will be advertised and noticed pursuant to Government 27 Code: Section 659105- 28 i 4. Section: I5 is hereby amended to. read as fellows: 29 VART 13GES: WHEN GRANTED: CONDITIONS APPLICABLE TO VARIANCES _ F, 30 GRANTER .• 31 Variances from the terms of the zoning ordinance shall be 32 granted only when,, because 0f special circumstances applicable I _ 1 to the property,, including size, shape, to;pograahy, location orJ 2f surroundings, the strict application of the zonrig ordinance 3' deprives, such property of privileges enjoy ed by other property in the vicinity and under identical zoning classification. ` Any variance granted shall bp- - subject to such conditions as 6` will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the: 8 limitations: upon other properties in the vicinity and zone in 9: whichsuch property is situated': 10 5. Section 16khereby hereby added to said ordinance, -and shall. lI read. as fallows: A request for a variance shall be submitted to the Planning t Commission in the same manner -as described in Section 13.2of 14-+ 14 Ordinance No. 475, upon receipt thereof, said Planning Commission 15 ! shall set the matter, for a public hearing not less than ten days F> 16 from the receipt thereof by the Planning Commission:. 1.7 The determination on the variance by the: Planning Commission 18 shall be: final, except that either the opponents or proponents 19 'thereof may file a written appeal from said determination by the 26 Planning Commission tc the Board.of Supervisors within ten days 2" of the action. taken by the Planning Commission. No variance may 22 be issued or does the aforesaid determination become final until 23 the time to appeal has expired:,. or in the event an appeal is filed 24 to the Board of Sspervisors, then until, said Board snakes i'ts 25 final, determination. An appeal sha-__ be processed, heard,. and 26 noticed by the Board of Supervisors in the sa,-ne manner as provided 27 for an appeal on -a use permit in Section 13.5 herein.. 282 That this ordinance shall take effect thirty (30) days after 29tre date of its adoption,: and before the expiration of fifteen 30 f (15) days after its passage, it shall be published with the.: names 33- of the members voting for and.against the same, once, in a 32 2:., newspaper published in the. County of Butte, State. of California. 2; PASSED AND ADOPTED by°the Board of "Supervisors of the County 3 of Butte,. State of California this day of 196-7, by the following vote 1 U AYES 6 NOES-: ABSENT.. 8 f (' ARLEY L. HQWSDEN, Chairman Board of 'Supervisors i6 ATTEST: I� .ESSZE ROGERS', County Clerk and ex -officio Clerk cf the 12 Beard of Supervisors 13 BSr 14 Deputy 15 16 17 -� 18 19 20. - 21 . 22 23 ', 24 23 26 'i 27 _ 28` 29 so 31 32 Ce' Nor (PROPOSED), AN ORDINANCE AMENDING ORDINANCE. 475 The Board of Supervisors of the County of Butte, do ordain as follows ordinance No. 475 is hereby amended as follows.. 1. Section.12 is hereby amended to read as follows: SECTION 12. NON -CONFORMING USES.; Any uses of property in use at the time of enactment of a zoning ordinance, and which use is in conflict with the zoning ordinance so enacted,- may be continued subject. to the following regulations: (a) No non -conforming use. shall be enlarged.with- `out first securing a use permit:.. 2.. Section:13.'4 is amended to read as follows: The findings of the Planning Commission shall be that tf>e rain- tenance or'operation of the use -applied for will or will not be L consistent with Section 2 of this orainance and:will or will not impair theintegrity and character of tn;e:zone in which it lies-. - 3. Section 13x.5 is amended to read as follows: The findings of the Planning Commission shall be final unless either the proponents or the opponents of the (proposed) use permit file a. written. appeal to tt.e Board of.'Supervisors within ten days of the action taken by the Planning Commission. No use permit may be issued: until said time for appeal has expired, nor may such permit be issued in the event an appeal is filed until the Board .of Supervisors � I acts on said appeal.. Upon: receipt of an appeal the Boatd of Supervisors will ;seta hearing in not less tl�an ten days The hearing will be advertised and - noticed pursuant to Government Code Section 65905., 4:.. Section 16 is hereby amended to read as -follows:. VARIANCES-.IVIEFIN GRANTED-- CONDITIONS'APPLICABLE TO VARIANCES GRANTED.. Variances from; the terms of the zoning ordinance shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application or the zoning ordinance deprives such property of yrivileges J enjoyed by other property in the vicinity and under identical zoning classification., Any variance granted shall be subject, to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties i:n.the vicinity and zone in which; such property is situated. 5., Section. 16.4.is hereby added to said ordinance4lrand shall read as follows:. A: request fora variance shall be submitted to the Planning Commission in the same manner as 'described In Section 13..2 of Ordinance No. 475,- upon receipt thereof,, said Planning Commission shall set the matter for a -public hearing notless than ten days from the receipt thereof by the Planning Commission_.. The determination on the variance by the Planning Commission shall be final,except that either the opponents. or ,proponents thereof may file a: written appeal from said determination by the -Planning Commission to the Board of Supervisors within ten days o,-- the action taken by the Planning Commission... No variance may be issued or does the aforesaid determination.become f -nal until the time to appeal has expired, or in: the event an appeal is filed to the Board of Supervisors,, then until said Board makes its final determination. An appeal shall be processed:, heard, and noticed by the Board o Supervisors in the same manner as provided for an appeal on a..use permit in Section 13.5 herein.. That this ordinance shall i .kP effect thirty (30) days after the: date of its adoption:, and before the expiration of fifteen (15) days after its passage, it shall be published with -the names of the members voting: for and against the sar:e; ouce,in a. newspaper published in the County of Butte, State of California.. -2-