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HomeMy WebLinkAbout1216- Ordinance No, 1216 AN ORDINANCE AMENDING CHAPTER 10 OF THE BUTTE COUNTY CODE AND PERTAINING TO SETBACK LINES AND ZONES AND THE REGULATIONS THEREFOR 11 2 3 4 s 6 7 8 9 10 I1 12 13 14 15 16 17 is: 19. 20 21 22 23- 24 25 26: The: Board of Supervisors of the County of Butte, State of Calif ornia, do ordain as follows: Section 1. Section 10-3. of the Butte County Code is amended to read as follows: 10-3. Adoption. " A general building setback line is hereby adopted within the unincorporated area of the county as hereinafter specifically providedo This article is part of the precise plan for streets and highways under the .master plan of the county; and is also adopted as a county-wide zoning regulation pursuant to the provisions of article 1 chapter 4, title 7 of the Government Code of the State." Section 20 Section 10-90 of the Butte County Code is amended to read as follows: 10-9. Exceptions to Prohibitionse "Section 10-8 shall not apply to trees, agricultural crops, or public utility installations, exclusive of permanent buildings, erected under authority of law, nor to subsurface leaching and drainage fields of private septic systems approved by, the county director of public health and the county director of public works. Section 10-8 shall not apply to fences constructed to a maximum height of 42 inches providing that such fence is approved for traffic saf ety by the Director of Public Works, and, provided further that open-wire fences may exceed 42 inches in heights Ail or any portion of any brick, 10 lI i2' 13 14 15 16' 17 18 19 20 21 22 23 24 28 26 concrete or masonry fence hereafter placed in the setback area or zone prescribed by this article shall be removed, relocated or modified at the owner's expense within 90 days of notification by mail by the Director of Public Works that such removal, relocation or modification of the fence is necessary to maintain adequate traffic safety. Any such required removal, relocation or modification shall be promptly accomplished without loss or cost to the County of Butted Section 10-8 shall not apply to any lawful use which becomes non-conforming upon the effective date of section 10-7 as amended." Section 3. Section 10-10 of the Butte County Code is amended to read as follows: 10-10. Use Permits ='Mandatory Gond.tonso ..o "Use permits granting conditional permission to place light poles or commercial signs within the setback area or zone prescribed by this Article may be granted upon application therefore whenever the circumstances sho that such a grant will be .consistent with Section 10-4 of this Code, provided that the desired use will not encroach up on any publicly owned right-of-wayo Applications for such use permits shall comply with and be subject to all the provisions of Section 13 of Qrdinance No. 475 as amendedo In addition, any use permit granted pursuant to the authority of this 20 1 article shall automatically be subject to the following 2 conditions, whether specified in the grant thereof or 3 not; 4 i. The permit may be revoked or modified by the 6 Planning Commission whenever the Commission determin s 6 that removal, relocation or modification of the 7 encroachment is necessary to maintain adequate traff'c 8 safety as a result of any changed condition or of 9 any public right-of-way acquisition or improvement 10 project, 11' 2. Any removal, relocation or modification 12 required pursuant to paragraph 1. above shall be 13' accomplished without loss or cost to the County 14 of Butte within thirty days of notice of the 15 decision of the Planning Commission." 16 Section 4. Section 10-11. of the Butte County Code is amended 17 to read as follows: 18 10-llo Abatements 19 Upon failure of an owner to remove, relocate or modify 20 any use as provided in Sections 109 or 10-10 above 21 within the prescribed 90 day period, the County of 22 Butte or its agents may•ent er upon the property and 23 remove, relocate or modify the use and said owner shall 24 promptly reimburse the County of Butte for all costs and 2g loss thereby incurredo 26 Section 5o Sections 10-12, 10-13, 10-14•, 10-15, 10-16,: 10-17, 3, 1 10-18, and 10-19,, of the Butte County Code are hereby repealed, 2 Section 6. Section ZO-12. of the Butte County Code is 3 reenacted to read as follows: 4 10-12. Nonconforming Useso 5 "No nonconforming use permitted under Section 10-9 of s this Code shall be enlarged without first seGu.ring a use 7 permit pursuant to Section 10-10." 8 Seetion 7. Section 10-13. of the Butte County Code is 9, reenacted to read as follows: 10 10-13. Varianceso 11 "Variances from the regulations of this article may only 12 be granted pursuant to Section, l6 of Ordinance No. 475, 13 as amendedo" 14 That this Ordinance shall take effect thirty (30) days 15 after the date of its adoption, and before the expiration of 16 fifteen (15) days after its passage, it shall be published in a 17 newspaper published in the County of Butte, State of California. Z8 PASSED AND ADOPTED by the Board of Supervisors of the County 19 of Butte, State of California, this 3o day of November , 20 1971, by the following vote: 21 AYES: •Supdervisors Gilman P~iadigan~ Maxon s4c Killop NOES. An Chairman, Reynolds 22 ABSENT: NNNone 28 NOT VOTINGQ~eNone ~- . J E. REYNOL S, airman o t e 24 But e County Board of Supervisors ATTEST: 25 CLARK A. NELSON, County Clerk and 86 ex-officio Clerk of the Board By .e~~ 4,