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HomeMy WebLinkAbout1263t~ ~ '~ '~ 1, i -_._._ . ORUINANGE N0. 1263 1 ,2 3 California, under and pursuant to Ordinance t7o. 475 of said County, 4' being the Zoning Enabling Ordinance, as amended, UO ORDAIN as ~ fo 71 oavs 6 7 8 9 10 Z 1.. 12 X13 14 15 16 17 18 19 20 2T: 22 23 24 23 26 AN ORDINANCE At}tENpING ORDI~iANCE N0. 475, KNOWN AS THE BUTTE COU~'~TY ZOiIING ElVAi3~.I~iG 0RUIt1ANCE, ANU REPEAI.ItV6 ORDINANCES 1044, 1184, 1241, 1242, and 1245 The Qoard of Supervisors of the County of Butte, State of Section 13 of Ordinance ~Vo. 415 is hereby amended to read as follows: SECTiDi~~ 73. USE PERT§tITS 13.7 Use permits, which may be revocable, condition or valid for a ter«~ ;}eriod, may be issued for any uses or purposes for wir i c:r{ `3 i.iCEl perr~ri ~~s arra required by the terms Of this ordinance. 13.2 Application for a use permit shall be made to the Planning Comrni ssi on i rr writing on a form prescribed by the Carnmission and srla7l be accompanied by plat plans necessary to show details of the proposed use or building. Such application shall be accompanied by a fec of twenty= five (25} dollars to be deposited in the County General Pund no part of which steal] be returnable to the applicant. 13.3 (a} The Planning Commission sha71 hold at least one hearing on the application, said hearing to be adve,r~t;ised and ncticed pursuant to Government Code Section b59O~.` (b} A notice of hearing on an application for a use permit steal] be mailed with postage pre-paid using addresses from the last equalized assessment roll, or from such other records of the Assessor wi~ich may contain more 1 2 4 5 6. 7 8 i g 3.0 1Z 3.2 is Z4 ~5 is 17 18 19 20 27. 22 23 24 25 26 recent addresses, to all property owners within a three hundred (300) ft. distance of any boundary of the subject property, as measured from the current assessment maps of the County, except that in no case shall less than the 10 separate and individual property ov~ners closest to tl'ie area being considered be notified. Said notice shall indicate the time, the date, the place of hearing and the location of subject property. F'ai1ure to receive said notice steal] not invalidate any action taken by either the Planning Commi ssi ors ar the Board of Supervi sors . 13.4 The determination of the Planning Commission shall be that the maintenance or operation of the use applied for trill or will not be consistent with Section 2 of this ordinance and will or will not impair the integrity and character of the zone in which the land lies. 13.5 The determination of the Planning Commission shall be final unless a written appeal is filed with the Cleric of the Board of Supervisors by 5:00 p.m. on the eighth calendar day following the date of 'the determination, provided that if said eighth day falls on a legal holiday, the appeal may be filed by 5:00 p.m. on the next day on whicl the office of the Clerk is open for business. The Clerk shall immediately forward a copy of said appeal to 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 -2- 1 Supervisors act on said appeal. Within ten days of the 2 date of the filing of an appeal, the Board of Supervisors 3 shall set a date for a hearing. Said hearing sha11 be 4 advertised and noticed pursuant to Government Code Section 5 669Qb. The Board of Supervisors shall decide such appeals 6 an the grounds set out in Section 13.4 above. The Hoard q hearing shall be conducted de novo provided that all appli- g cations, papers, maps, exhibits and staff recommendations g made or presented to the Planning Commission may be con- Zp sidered by the Board. 1'he decision of the [3aard shall be 1Z final and not subject to review except by a court of Z2 competent jurisdiction. Z3 13.6 {a) Rny use permit which is not used within 14 one year of the date of the granting thereof shall automati- 15 tally became null anti void and sha11 not be subject to 16 revival except by reapplication pursuant to Section 13.2. ~,7 {b) Whenever any alleged violation of the Zg terms of a use permit is brought to the attention of the 19 Planning Director, he shall, after determining that a 2a violation does exist, give the permittee a written notice 21 to comply within twenty {2tl) days. Said notice shall be 22 sent by registered mail, return receipt requested, and the 23 2U day period shall commence with date of mailing the notice. 24 If the permittee does not comply within the twenty {20) 2g day period, the Planning Director shall place the question 26 of the revocation of the use permit an the agenda of the -3- 1 2 3 4 5 s 7. 8 9 10 11 12 1.3 14 15 16 17. 18 19 20 21 22 23 24 23 26 next regular Planning Commission meeting. The Planning Commission shall set a date for a hearing to be advertised and noticed pursuant to Government Code Section 65905, and shall give notice of said hearing to the permittee by registered mail. Notice of the time and place of said hearir shall be sent to the permittee by registered mail, return receipt requested, at least 10 days prior to said hearing. The Planning Commission may continue the hearing from tame to time. The decision of the Planning Commission shall be ail the question of the revocation or modification of the use permit and shall be su€aject to appeal to the €3oard of Super- visors as provided in Section 13.5, above, except that the time for filing such a written appeal shall be ten (lO) days. (c) If the decision of the Board of Supervisors is to uphold a recommendation of the Planning Commission to revoke the use permit for violation of terms of said use permit, evidence necessary to litigate the violation sha17 be submitted by the Zoning Inspector` to the office of~the Butte County Counsel in a form and content approved by that office. Section i4 of Ordinance No. 475 is hereby amended to read f6]]ows: SECTION 14. PROCEDURE FOR PRECISE ZONI~J6 A~ENDhiENTS. 14.1 This ordinance may be ,amended to establish detailed zoning districts or to change district boundaries only if an amendment is requested by either: 9 •4- 1 2 3 4 5 6 7 8 9 10 Zl 12 13 14 15 16 7.7 18 19 20 21 22 23 24 2S 2~ (a) 1'he filing with the Planning Director of a certified petition signed by sixty (6p} per cent or more of the owners of property affected by the proposed amendment an in the case of rezoning from other than an A-2 zone, accom- panied by a fee of fifty ($50.D0) dollars to be deposited in the County General Pund, no part of tvhich shall be returnable to the applicant; or (b} The Board of Supervisors or the Planning Commission, 14.2 Public Hearings. (a) 1-he Planning Commission shall hold tyro ~2) consecutive pui~lic hearings on any proposed amendment, at least ten {i0) days apart, and shall give notice thereof by one publication in a newspaper of general circulation within the affected area of the County at least ten X10) days prior to the first hearing. Subject to the provisions of Section 14.3 below, the Planning Commission may continue any hearing. fib) in case the proposed amendment consists of the establishment of a change of any zoned district boundaries, the Planning Gommission shall cause to be posted an addi- tional notice of the time, the date and the place of such hearings, slang the street or roads upon or abutting the property proposed to be classified or reclassified. (c) A notice of hearing an any proposed change of a zoning district boundary shall be mailed with postage pre- ,, -5~ ~, paid using addresses from the last equalized assessment roll, 2 or from such other records of the Assessor which may contain 3 more recent addresses, to ail property owners within any 4 proposed zoning district boundary change and to all property 5 owners within a three hundred (300) foot distance of any B boundary of ttie subject property, as measured from the 7 current assessment maps of the County, except that in no $ case sha11 less than the 70 separate and individual property be 9 owners closest to the area being considered ?. nati fi ed. 10 Said notice shall indicate the time, the date, the place of 31 hearing and the location of subject property. Failure to 12 receive said notice shall nat invalidate any action taken by ~~ either the Planning Commission or the Board of Supervisors. ~4 14.3 Action of tine Planning Commission -- Following 16 the aforesaid hearings, the Planning Commission shall submit 16 a report of its findings and a summary of the hearings, ~,~ together with its recan~mendatians with respect to the pra- ],8 posed amendment, to the Board of Supervisors within ninety 19 {90) days after the date of the first of said hearings. 20 14.4 Action by the Board of Supervisors -- Upon 2Z receipt of any suc~~ report from the Planning Commission in 22 which the recommendation is that the amendment be approved, 23 the Board of Supervisors sha31 set the matter for public 24 hearing and shall give notice thereof by one publication in 25 a newspaper of general circulation within the affected area 26 of the County at least ten (lp) days prior to such hearing. - 6 .. 1 2 3 4 5 si 7 S 9 zo i~ 12 13 ~.4 15 ~6 17 18 19 20. 2~. 22 23 24 25 26 In any case in which the recommendation of the Planning Commission is to deny the rezoning, no hearing shall be set before the Board of Supervisors unless a petitioner files a request therefor 4~ith the Cleric of-the Board by 5:00 p.m. on the eighth calendar day following the date of the recommen- elation of the Planning Commission, provided that if said eighth day falls on a legal holiday, the appeal may be filed by 5:00 p,m, on the next day on which the office of the C1eri is open for business. The Clerk shall imediately forward a copy of said appeal to the Planning Commission. ;~i-thin ninety X90) days Ervin the date of receipt of tide Planning Commission`s report, tine Board of Supervisors may adopt the proposed amendment or any part thereof. If no action is taE`en within said ninety (90} days, the petition shall be void. Any petition for an amendment may be tivi ttidrawn upon the ti~rritten application of a majority of all the persons who signed such petition at any time prior to tF~e hearing before. the Board of Supervisors. 14,5 Procedure far Investiclatiar~ in Prosecution of zoning violations. All other alleged violations of the terms of the zoning ordinances other than those provided far in Section ]3.b (c) shall be investigated by the i3utte County Zoning Inspector. The Zoning Inspector shall make an inspection of the site an which the violation is alleged to have occurred or to be occurring and shall determine if the site was and is being used in conformance with the zoning -7- i 2 3 4 5 7 8 9 10 11 I2 13 Z4 ~.5 16 17 ~8 19 20 2Z 22 23 24 2~ 26 regulations governi ng that site. The Zoning Inspector will then complete a written report of his investigation and distribute copies to the Planning Director, Butte County Counsel and Administrative Officer within seven (7} days of his investigation. The Zoning Inspector shall a]so inform the owner and occupant of the site on ~yhich the zoning violation is alleged to have occurred or to be occurring of his findings within seven (7) days of the date of investigation. If the Zoning Inspector's report indicates that a violation does exist, he shall comm= ence the collection of the proper evidence for the prosecu- tion of the person or persons responsible for the violation. The form and content of the evidence to be specified and approved by the 3utte County Counsel. The Zoning Inspector shall also furnish the Butte County Counsel and Board of Supervisors with ail other material as requested relevant to the violation. Section 1~A of Ordinance ido. 475 is hereby amended to read las follows: l~ A. IPJTERI~i ZONI3VG. The Board of Supervisors, on its own motion or on recommendation of the Planning Commis:: scion, may without notice ar hearing and by emergency ordi- nance, adopt an interim coning plan within the limits of Section 7 through ll-A, for any district when it appears that a permanent detail zoning plan for such district has been or is about to be initiated pursuant to Section 1~4, and that the -8- 1 2 4 5 6 7 8 9 10 11 12 13 X14 15 16 17 18 19 2d 21 22 23 24 25 I 26 adoption of such an interim zoning plan is necessary in the public interest, to maintain the status quo in such district pending the determination of the application far such perma- nent detail zoning. Any interim zoning plan so adopted by the Board of Supervisors shall have the effect of prohibitin uses of land within the district as provided in such interim zoning plan, and shall remain in farce and effect until the pending or proposed detail zoning plan is adopted or rejecte as provided in Section 14; provided, that if such detail zoning plan is not initiated p~rsuar~t tv Section 14 within 90 days of the adoption of the interim ordinance, then the interim ordinance shall cease to be of force and effect at the expiration of said 90 day period. Section 15 of Ordinance No. 475 is hereby amended to read as follows: SECTI{?N .16. VARFANCE5. 16.1 Variances froE~ the terms of the zoning ordi- nance sha11 be granted only when, because of special circum- stanr.es, applicable to the property, including size, shape,. topography, location or surro;~ndings, the strict application of the zoning deprive, suc~~ property of privileges enjoyed by other property under identical zoning classification. Any variance granted shall be subject to such con- ditions as ~ril1 assure that the adjustment thereby authorize sha11 Hat constitute a grant of special privileges inconsis- tent with the limitations upon other properties in the zone -9~ 1 in which such property is situated. 2 16.2 Application for a variance shall ba made to 3 tt~e Planning Commission in ~iriting on a form prescribed by 4 the Commission. Such application shall be accompanied by a ~ fee of twenty-five ($25.00} dollars, to be deposited in the 6 County General Fund, na pant of ~,~hich shall be returnable to ~ the applicant. $ 16.3 (a} The Planning Commission shall hold at least 9 one hearing an the application, said hearing fio be adver- ~-~ tiled and noticed pursuant to Governr~ent Code Section 65945, 11 {b) Fl notice of hearing on an application far 12 a variance shall be mailed with postage pre-paid using ~~ addresses from the last equalized assessment roll, or from 14 such ather records of t}te Assessar which may contain more 15 recent addresses, to all property owners within a three 16 hundred (300) ft. distance of any baundary of the subject Z7 property, as measured from thr~ current assessment maps of 18 the County, except that in no case shall less than the 10 1.9 separate and individual property owners closest to the area b 20 ~ nofiified. being considered 2Z Said notice shall indicate the time, the date, the '22 place of nearing, and the location of the subject property.. 23 Failure to receive said notice shall not invalidate any 24 action taken by either the Planning Commission ar the Board 25 of Supervisors. 2s 16.4 The determination of the Planning Commission IOM shall be final unless a written appeal is filed with the 2 Clerk of the Board of Supervisors by S:OO p.m. on the eighth g calendar day following the date of the .determination, pro- 4 vided that if said eighth day falls on a legal i~oliday, the 5 appeal may be filed by 5:00 p.m. on the next day on which th g office of the Clerk is open for business. The Clerk shall ~ immediately forward a copy of said .appeal to the Planning g Commission. hdfl variance may be issued until said time for g appeal has expired, nor ~~ay such variance be issued in the ~p event an appeal is filed until the board of Supervisors act ~~ on said appeal. ~tithin ten days of the date of the filing o ~2 an appeal, the Board of Supervisors shall set a date for a ~~ hearing. Said hearing shall be advertised and noticed 14 pursuant to Government Code Section 65905. The Board of lg Supervisors shall decide such appeals an the grounds set out 16 in Section 13.4 above. The Board hearing s~iall be conducted ~~ de novo provided that all applications, papers, maps, exhibi ~g and staff recommendations made or presented to the Planning ~g Commission may be considered by the Board. The decision of 20 the Board shall be final and not subject to review except 21 by a court of competent jurisdiction. 22 Ordinance Dios. 1044, 1184, 1241, 1242 and 1245 are 23 hereby repealed. 24 ~ That this Ordinance sha11 take effect thirty (30} 2g days after the date of its adoption, and before the expira- 2g ti on of fifteen (15} days after its passage, it shall bE .5 -11- 1 Dace published with the names of the members of the Board 2 of Supervisors voting for and against the same, in the 3 Chico Enterprise? , a newspaper 4 published in the County of Butte, State of California. 5 PASSED AND ADOPTED by the Board of Supervisors of the County s of Butte, State of California, on this 25th day of April , 7 ~~ 1972 by the fallo~~~ing vote: 8 RYES: Supervisors Madigan, Maxan, McKillnp, Reynolds and Chairman 9 Gilman pES; None 10 f35EPd1': None ~~ 11 12 A ~ 4~~L~~A~~I, a7rman ~' T Butte Coon 3oard of Supervisors 13 ].4 T7'EST: 15 LARK A. i~ELSON, County Clerk nci Ex-officio Clerk of the Board 16 17 ~ ~~~-(-~~ er or Deputy 18 19 20 21 22 23 24 25 28 -12-