HomeMy WebLinkAbout1333Ordinance No,
AN ORDINANCE AMENDING ORDINANCE N0. 475, KNOWN
AS TH$ BUTTE COUNTY ZONING ENABLING ORDINANCE
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* 2 The Board of Supervisors of the County of Butte, State of
3 California DO ORDAIN as follows:
4 1. Section 13.1 of Ordinance No. 475, as .amended by
5 Ordinance No, 1263, is hereby amended to read as follows:
g "13.1 Use permits, which may be revocable, conditional
7 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.
9 Conditions imposed upon the issuance of such use permits must be
. lp reasonably related to the use of the property for which the
11 permit' is requested." -
12 2. Section 14.1 of Ordinance No. 475, as amended by
13 Ordinance No. 1263, is hereby amended to read as follows:
• 14 "14.1 This ordinance may be amended to establish detailed .
15 zoning districts or to change district boundaries only if an
16 amendment is requested by either: (a} the Planning Commission,
17 (b) the Board of Supervisors; or (c) by a petition filed with
~- lg the Planning Director signed by sixty (60) percent or more of
19 the owners of properties affected by the proposed amendment and,
2p in the case of rezoning from other than an A-2 zone, accompanied
21 by a fee of Fifty (50) Dollars to be deposited in the County
gg General Fund, no part of which shall be returnable to the .applicant.
23 Any such petition may be withdrawn upon the written application
• 24 of a majority of all the persons who signed such petition at any
25 time prior to the hearing on the proposed amendment before the
28 Board of Supervisors."
27 3. Section 14.2 of Ordinance No. 475, as amended by
- 28 - Ordinance No. 1263, is hereby amended to read as follows:_.
29 "14.2 Public Hearin,
30 (a) The Planning Commission shall hold a public
31 hearing on any such proposed amendment. Notice of the time,
32 date and place of said hearing including a general explanation of
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the matter to be considered and including a general description
of the area affected shall be given at least ten (10) calendar
days before the hearing by publishing the notice once in a
newspaper of general circulation within the affected area,
published and circulated in the county.
Subject to the provisions of Section 14.3 below,
the Planning Commission may continue any hearing."
4. Section 14.3 of Ordinance No. 475, as amended by
Ordinance No.1263, is hereby amended to read as follows:
"14.3 Action of _the Plaru~in,~ Commission. Following the
aforesaid hearing, the Planning Commission shall render its
decision in the form of a written recommendation to the Board
of Supervisors. Such recommendation shall include the reasons
for the recommendation and shall be transmitted to the Board of
Supervisors within ninety (90) days after the date the hearing
commenced."
5. Section 14.4 0£ Ordinance No. 475, as amended by
Ordinance No. 12b3 is hereby amended to read as follows:
"14,4, Action b the Board of Su ervisors. Upon
receipt of any such recommendation from the Planning Commission
which recommends that the proposed amendment be approved; the
Board of Supervisors shall set the matter for public hearing
and shall give notice of the time, date and place of said hearing
at least ten (10) days prior to the hearing in the same manner
as provided for the giving of notice of the hearing by the
Planning Commission as specified above in section 14.2.
In any case in which the recommendation of the Planning
Commission is to deny the proposed amendment, the Board of
Supervisors shall not be required to take any further action
thereon unless an interested party shall request such a hearing
by filing a written request. therefor with the Clerk of the Board
by 5:00 p.m, on the fifth. day after the Planning Commission files
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its recommendation with the Board; provided, however, that if
said fifth day falls on a legal holiday, the request for hearing
may be filed by 5:00 p.m, on the next day on which the office
of the Clerk is open for business. Upon receipt of such a
request for hearing, the Clerk shall immediately forward a copy
of said request to the Planning Commission.
The Board of Supervisors shall take action upon the proposed
amendment within ninety (90)••days from the date of receipt of
the Planning Commission's initial recommendation. If no action
is taken within said ninety (90) days, the proposed amendment
shall be deemed denied.
The Board of Supervisors may approve, modify or
disapprove the recommendation of the Planning Commission; provided
that any modification of the proposed amendment by the Board shall
first be referred to the Planning Commission for report and
recommendation, but the Planning Commission shall not be required
to hold a public hearing thereon. Failure of the Planning
Commission to report within forty (40) days after the modification
is referred to it, shall be deemed to be approval of the proposed
modification by the Planning Commission,"
6. Section 1~ A of Ordinance X75, as .amended by Ordinance
1263, is hereby amended to read as follows:
"1~+ A. INTERIM ZONING. Without notice or hearing, the
Board of Supervisors, to protect the public safety, health and
welfare, may adopt as an urgency measure an interim ordinance
prohibiting any uses which may be in conflict with a contemplated
zoning proposal which the Board of Supervisors, ..the Planning
Commission, ar the Planning Department is considering or studying
or intends to study within a reasonable tune. Such urgency
measure shall require a 4/5 vote of the Board for adoption. Such
interim ordinance shall be of no further force and effect four
(4) months from the date of adoption .thereof; provided, however,
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that if a contemplated zoning proposal is being considered or
studied, the Board may extend such interim ordinance as provided
in Government Code Section 658580"
7. Section. 16.1 of Ordinance No, 475, as amended by Ordinar
No, 1263, is hereby amended to read as follows:
"16.1. Variances from the terms of the zoning ordinance
shall be granted only when, because of special circumstances
appl-icable to the property, including size, shape, topography,
location or surroundings, the strict application of the zoning
ordinance deprives such property of privileges enjoyed by other
property in the vicinity and under identical zoning classificatio
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 in the vicinity and zone in
which such property is situated. Any such condition imposed
upon issuance of a variance must be reasonably related to the use
of the property for ~nich the variance is requested,
A variance shall not be granted for a parcel of
property which authorizes a use or activity which is not other-
wise expressly authorized by the zone regulation governing the
parcel of property,"
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 once published
with the names of the members of .the Board of Supervisors voting
for and against the same, in a newspaper of general circulation
published in the County of Butte, State of California.
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- 1 PASSED AND ADOPTED by the Board of Supervisors of the
~ 2 County of Butte this hti~ day of . MO,rCh, 1973, by the
3 following vote: ''.
4 AYES: supervisors Cameron, Gilman., Ladd, Madigan and
Chairman -~a~i~.lop
6 NOES: None
B ABSENT: NOn.e
7 NOT VOTING: None
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9 OP, a.rman
f the and of Supervisors
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ATTEST:
11
CLARK A. NELSON,. County Clerk and
12 ex-officio Clerk of the Board
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