HomeMy WebLinkAbout1076ORDINANCE NO. l0`rC
AN ORDINANCE AMENDING ORDINANCE NOS. 475 AND
956 AND REGULATING NON--CONFORMING. USES
l
2.
3'
4
5
6
7
8
9
10
I1
12
13
14
15
16
17
18
19
20
2I
22
23
24
25
2B
27
28
29
30-
31
32
The Board of Supervisors of the County of Butte DO
ORDAIN as follows:
SECTION 1. Section 12 of ordinance No. 475 is hereby
amended to read as follows:
SECTION 12, Non-conforming Uses.
a. Use of land. Any lawful use of land existing
at the time of the adoption of a zoning district
ordinance may be continued, although such use
does not conform to the regulations specified in
such ordinance for the district in which such
land is located; provided, that no such use shall
be enlarged or increased, nor be extended to oc-
cupy a greater land area than that occupied by
such use at the time of the adoption of such
ordinance without first securing a use permit.
b. Use of building. The lawful use of a building
existing at the time of the adoption of a zoning
district ordinance, may be continued, although such
use does not conform to the regulations specified
for the district in which such building is located.
The non-conforming use of a portion of a building
may be extended throughout the building; provided,
that in each case a use permit shall first be
obtained.
c. Abandonment of non-conforming use. If the non-
conforming use of land or of a building ceases
totally or partially for a continuous period
of twelve (12) months, said use shall. be deemed
totally or partially abandoned as the case may be.
Thereafter, the land or building shall be used only
in accordance with the regulations for the district
in which i~ lies, provided however, that the owner
S
10
11
12
13
14
15
16
17
18
19
20
2I
22
23
24
2g
26
27
28
29
30
31
32
of a non-conforming use may, prior to the expiration
of said twelve (12) month period, apply to the
Planning Commission for an extension of time for a
specified period not to exceed a twelve (12) month
period. An extension may be granted only where
the applicant shows that he has offered the land
or building for sale or rent on the market and,
because of circumstances beyond his control, has
been unable to sell or rent said land or building.
The application must be in writing and must be'
accompanied by a fee equal to that required for
an application for a use permit. The application
must state the facts on which the request is based.
Properly filed applications shall be noticed, heard,
and subjected to the same appeal procedure as in
the case of an application for a use permit. If
the Planning Commission grants the request, the
applicant, prior to the termination of the extended
period, must either. completely revive the use or
reapply for a further extension of time.
All such, re-applications shall be accompanied by
the same fee and shall be subject to the same
procedure as the original application.
Otherwise, the non-conforming use shall be deemed
totally or partially abandoned as the case may
be and the land or building may thereafter be used
only in accordance with the regulations for the.
district in which it lies.
d. Destruction or damage of non-conforming
building or structure. Anon-conforming building
or structure damaged ar destroyed by fire, ex-
plosion, earthquake or other act to an extent
- 2-
1 of more than seventy-five (75~) per cent of the
'2 appraised value thereof, according to the latest
3' equalized county assessment roll, may be restored
4 only if made to conform to all the regulations
5 of the district in which it is located, provided,
6 that such building may be restored to a total
7 floor area not exceeding that of the former
8 building, if a use permit is first secured.
9 e. Maintenance of non-conforming building.
ld Ordinary maintenance and repairs may be made to
11 any non-conforming building; providing, that no
12 structural alterations are made.
13 f. Non-conforming buildings under construction.
14 Nothing contained in this ordinance shall be deemed
15 to require any change in the plans, construction
16 or designated use of any building for which a
17 building permit has properly been issued, in
18 accordance with the provisions of ordinances then
1g effective, and upon which actual construction has
20 been started prior to the effective date of this
21 ordinance or of any future applicable rezoning
22 ordinance; provided, that in all such cases,
23 actual construction shall be diligently carried
2¢ on until completion of the building.
25 g. Transferability. The right to continue a
26 non-conforming use pursuant to this ordinance
2'7 shall inure to the benefit of the owner of the
28 land or building affected, his successors, heirs,
29 and assigns.
30 SECTION 2. This ordinance shall take effect thirty (30)
31 days after its passage and prior to the expiration of fifteen
32 (15) days after the adoption hereof shall be published in
-3-
~ i~
1 the Gridley ~tera3.d a newspaper in general
2! circulation within the County of Butte.
~.
3 PASSED AND ADOPTED by the Board of Supervisors of the
4 County of. Butte, State of California, this 1 t3z day of
5' Febru2,r 19~q~by the following vote:
'g,,
Supervisors I~owsden~ McKillop~ Reynalds; Chairman
7 AXE$: Dunaway
'8 NOES: `Supervisor Maxon
9 ABSENT: NOne
10 airman
Board of Supervisors, ~o my of Butte
11 State of California
12 ATTEST:
13 CLAR~C A. NELSON, County Cler]c
and ex-officio Clerk of the
14 Board of Supervisors
15
a
~B
De ty or Clerk
17
18
19
20
2I
22
23
24
25
2B
27
2$
'29
!30
'31
32
-4-