HomeMy WebLinkAbout1044ORDINANCE N0. 1044
AN ORDINANCE AMENDING ORDINANCE N0. 475, KNOWN
1 AS THE BUTTE COUNTY ZONING ENABLING ORDINANCE
2 The Board of Supervisors of the County of Butte, State of
3 California, do ordain as follows:
¢ Section 13 of Ordinance No. 475 is hereby amended to
5 read as follows:,
g SECTION l3. USE PERMITS
7 13.1. Use permits, which ,may be revocable, conditional
g or valid for a term period, may be issued -for any uses or purposes
g for which such .permits are required. by the terms of this ordinance.
10 13.2, Application fora use permi shall be made to the
1~ Planning Commission in writing on a form prescribed by the Com-
12 mission and shall be accompanied by plot p3ans necessary to show
~~ details of the proposed use or building. Such application shall
14 be accompanied by a fee of twenty five (25) dollars to be de-
1S posited in the County General Fund, no part of which shall be re-
lg turnable to the applicant.
17 13.3. The Planning Commission shall hold at least one
lg hearing on the application, said hearing to be advertised and
19 noticed pursuant to Government Code Section 65905.
20, 13.4. The determination of the Planning Commission shall)
21 be that the maintenance or operation of the use applied for will
22 or will not be consistent with Section 2 of this ordinance and will
23 or will not impair the integrity and character of the zone in which
2~ the .land lies.
'2g 13.5. The determination of the Planning Commission shall
2g be final unless either the proponents or the opponents of the.
27 {proposed) use permit file a written appeal with the Clerk of the
28 Board of Supervisors within five days of the action taken by the
29 Planning Commission. The Clerk shall immediately forward a copy
30 of said appeal to the Planning Commission. Na use permit may be
3i issued until said tine for appeal has expired, nor may such permit
32 --------------
1 be issued in the event an appeal is filed until the Board of
~ Supervisors act on said appeal.. Within ten days of the date of
3 the filing of an appeal, the Board of Supervisors shall set a date
~ for a hearing. Said hearing shall be advertised and noticed pur-
6 suant to Government Code Section 65905. The Board of Supervisors
'g shal] decide such appeals on the grounds-set out in Section 13.4
7 above. The decision of the Board shall. be final and not subject`
g to review except by a court of competent jurisdiction.
g 13.6. (a) Any use permit-which is not used within one
10 year of the date of the granting thereof shall automatically become
t1~ null and void and shall not be subject to revival except by re-
',12 application pursuant to Section .13.2.
1g {b) Whenever any alleged violation of the terms
14 of a use permit is brought to the attention of the Planning Director
15 he shall, after determining that a violation does exist, give the'
16 permittee a written notice to comply within twenty {20) days. Said
17 notice shall be sent by registered mail, return receipt requested,
18 and the 20 day .period shall commence with .the date of mailing of
~g the notice. If the permittee does not comply within the twenty
20 (20) day period, the Planning Director shall place the question of
21 the revocation of the use permit on the agenda of the next regular
22 Planning Commission meeting. The Planning Commission shall set a
23 date for a hearing to be advertised and noticed pursuant to
2¢ Government Gode Section 65905, and shall give notice of said hear-
2g ing to the permittee by registered mail. Notice of the time and
28 place of said hearing shall be sent to the permittee by registered
27 mail, return receipt requested, at least 10 days prior to said
28 hearing. The Planning Commission may continue the hearing from
29 time to time. The decision of the Planning Commission shall be on
30 the question of the revocation or modification of the Use Permit
31 and shall be subject to appeaP to the Board of Supervisors as
32 provided in Section 13.5, above, except that the time for filing
2.
1
2
3
4
s
6
'7
8
9
10
1Y
12
13
14
15
16
17
18
19
20
21
22
23
24
28
26
27
28
29
30
31
32
such a written appeal shall be ten (10} days.
2. Section,l4 of Ordinance No. 475 is hereby amended to
read as follows:
SECTION 14. PROCEDllRE FOR PRECISE ZONING AMENDMENTS.
i4. 1. This ordinance may be .amended to establish detail-
ed zoning districts or to change district boundaries only if an L
amendment is requested by either:
(a) The filing with the Planning Director of a certified
,petition signed by sixty (60) percent or more of the owners of
property affected by the proposed amendment and, in the case of
rezoning from. other than an AT2 zone, accompanied by a fee of
fifty ($50.00) dollars to be deposited in the County General Fund,
no part of which shall be returnable to the applicant; or
(b) The Board of Supervisors or the Planning Commission.
14.2. Public Hearings.
(a) The Planning Commission shall hold two (2) public
hearings on any proposed amendment, at least ten (10) days apart,
and shall give notice thereof by at least one publication in a
newspaper of general circulation within the affected area of the
County at least ten (10) days prior to each of such hearings. Sub-
ject to the provisions of .Section 14.3 below, the Planning Commis-
sion may schedule further hearings on the matter by giving notice
thereof in the same manner as for the first and second hearings.
(b) In case the proposed amendment consists of the estab~
~' lishment of a change of boundaries of any zoned district, the Plan-
ning Commission shall post an additional notice of the time and
place of such hearings, and of the date of each of such hearings,
along the street or roads upon or abutting the property proposed
to be classified or re classified.
14.3. Action of the Planning Commission - Following the
aforesaid hearings, the Planning Commission shall submit a report
of its findings and a summary of the hearings, together with its
3.
l recommendations with respect to the proposed amendment, to the
2 Board of Supervisors within ninety (90) days after the date of the
3 first of said hearings.
4 14.4. Action by the Board of Supervisors - Upon receipt
5 of any such report from the Planning Commission in which the re-
e commendation is that the amendment be approved, the Board of
7 Supervisors shall set the matter for public hearing and shall give
8 notice thereof by one publication in a newspaper of general circula•
9 Lion within the affected area of the County at least ten (10) days
10 prior to such hearing. in any case in which the recommendation of
Zl the Planning Commission is to deny the rezoning, no hearing sha11
~2 be set before the Board of Supervisors unless a petitioner files a
7.3 request-.therefor with the Clerk of the Board within 5 days of the
]4 action taken by the Commission. Within ninety (90) days from the
15 date of receipt of the Planning Commission's report, the Board of
18 Supervisors may adopt the proposed amendment or any part thereof.
17 If no action is taken within said ninety (90) days, the petition
18 shall be void. Any petition for an amendment may be withdrawn upon
19 the written application of a majority of all the persons who signed
20 such petition at any time prior to the hearing before the Board of
21 Supervisors.
22 14.A. INTERIM ZONING. The Soard of Supervisors, on its
23 own motion or on recommendation of the Planning Commission, may
24 without notice or hearing and by emergency ordinance, adopt an
2S interim zoning plan within the limits of Section 7 through 11-A,
28 for any district when it appears that a permanent detail zoning
27 plan for such district has been or is about to be initiated pur-
28 suant to Section 14, and that the adoption of such an interim
29 zoning plan is necessary in the pUb]ic interest, to maintain the
30 status quo in such district pending the determination of the
3l. application for such permanent detail zoning. Any interim zoning
32 plan so adopted by the Board of Supervisors shall have the effect
4.
l of prohibiting uses of land within the district as provided in
8 such interim zoning plan, and shall remain in force and effect
3 until the pending or proposed detail zoning plan is adopted or
4 rejected 'as provided in Section 14; provided, that if such detail
5 zoning plan is hot initiated pursuant to Section 14 within 30
6 days of the adoption of the interim ordinance, then the interim
7 ordinance shall cease to be of force and effect at the expiration
8 of said 30 -day period.
9 3. Section 16 or Ordinance. No. 475 is hereby amended to
I10 read as follows:
1I SECTION 16. VARIANCES
12 16.1. Variances from the terms of the zoning ordinance
13 shall be granted only when, because of speci-al circGmstan~ces
14 applicable to the property, including size, shape, topography,
15 location or surroundings, the strict application of the zoning
16 deprives such property of privileges enjoyed by other property
17 under identical zoning classification.
18 Any variance granted shall be subject to such conditions
19 as will assure that the adjustment thereby authorized shall not
20 constitute a grant of special privileges inconsistent with the limi
21 ations upon other properties in the zone in which such property is
22 situated.
23 16.2. Application for a variance shall be made to the
24 Planning Commission in writing on a form prescribed by the Commis-
2$ lion. Such application shall be accompanied by a fee of twenty-
26 five x$25.00) dollars, to be deposited in the County General Fund,
27 no part of which shall be returnable to the applicant.
28 16.3. The Planning Commission shall hold at least one
29 hearing on the application, said Hearing to be advertised and ~
30 noticed pursuant to Government Cade Section 65905. '
3'1 16.4. The determination of the variance by the Planning
32 Commission shall be final, except that either the opponents or
5.
1
'z
3
4
5
6
Z
8
9
30
17.
12
13
14
15
16
k7
18
19
20
21
22
'23
24
25
28
'z~
28
29
30
3I
32
proponents thereof may file a written appeal from said determina-
tion by the Planning Commission with the Clerk of the Board of
Supervisors within five days of the action taken by the Planning
Commission. No variance may be issued or does the aforesaid
determination become final.-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, noticed, and heard by the Board of Supervisors.
in the same manner as provided for an appeal on a use permit in
Section 13.5 herein.
That this ordinance shall take 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 same, once,
in a newspaper published in the County of Butte, State of Calif-
ornia.
PASSED AND ADOPTED by the Board of Supervisors of the
County of Butte, State of California, this 22nd day of July, 1969,
by the following vote:
AYES : Supervisors How sden z lie yno 1d s 9 Dunavray and Cha irmai
MoKillep
NOES: None
ABSENT: ~pervisor Maxon '
CK Mc LL P, hairma o the
tte County Board of Supervisors
ATTEST:
'.CLARK A. NELSON, County
'Clerk and ex-officio Clerk
'~of the Board of Supervisors
6 Clerk