HomeMy WebLinkAbout1430~ % __~ V
ORDINI.~NCE Na. 1430
AN O~'.DINA~ICE Al~'.[ENDING ORDINANCE NO. 475, SECTION 12,
REGULATING ORDINANCE NO. 1076.
1 The Board of Supervisors of the County of Futte, State of
2 California, DOES OI~~DAIN as fellows
3 SECTION 1. Section 12 of Ordin«nce 475, as a~.ended by
4 Ordinance Na. 956 and 1076, is h~r~by amender. to read as followse
5 SECTION 12. Non-conforming Uses:
B a. Use of land. Any lawful use of land existing at the
7 time of the adoption of a zaning district ordinance
8 may be continued, although such use does not conform
9 to the regulation specified in such ordinance for
10 the district° in ~wha.ch such land ~ is ~ 7:ocatedf ~ ~~rovided,
I1 that no such use shall bc- enlarged ar increased, nor
12 be extsnded to occupy a greater lang. area than that
13 occupied by such use at the time of the adoption of
14 such ordinance.
15 b. Use of building. The lawful. use of a building exis-
16 ting at the time of the adoption of a zaning district
17 ordinance, may be continued, although such use does
18 not conform to the regulation specified far the
19 district in which such building is located. T°ne
20 r_on-conforming use of a building may be changed to
2I a use of the same or more restricted nature provided,
22 that in each case a use permit shall first be obtainer
23 c. Abandonment of r_on-conforming use. If the non-
24 conforming use of land or of a. building ceases
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totally ar partially for a continuous period of
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tsraelvn (12) months, said use shall be deemed totally,
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or partially abandoned as the case may be. Thera-
after, tl~.e..land. or building shall be used only in
accordance with t~.e: regulations for the di strict in
which it lies, provided however, that the owner of
a non-conforEnzng use may, ?prior to the expiration of
said twelve (12) month period, apply to the Planning
Cammission.for an extension of time far 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 far
sale ar rent on the market and, because of circum
stances be~~and his control, has been unable tc se11
or rent said land or building, The application
must be in writing and must be accompanied by a fee
equal to that rec~'uired 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 ease of an
application for a use permit. if the Planning
Commission grants the requFSt, the applicant, pr~.or.
to the termination of t'~e extended. period, must
either cgmpletely revive the. use or reapply far a
further extension of time.
All such re-~appla.cati ens shall be accompanied by the
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same fee and shall be subject to the same procedure
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as the original application.
Oth~,rwi~e- the. non-conforming use shall be deemed..
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totally or partially abandoned as the case may ana
the land or building may thereafter be used. only in
a.ccards.nce with the regulations far the district in
which it lies.
d. Destruction or damage of x~on-conforming building
or structure . r~ non--conforming building ar structure
damaged or destroyed by fire, explosion, earthqua7ce
or other act to an extent of more than seventy-fiv~
(75g) per cent of the ap;~raised value thereof,
according to the latest e~quali~ed county assessment
tall, may be restored only if made to conform to
all the regulations of the district in which it is
locat~:d, provided, that such building may be res--
toted to a total floor area not exceeding that of
the former building, if a use permit is first secured.
e. ~~aintenance of non-conforming building. Drdinary
maintenance and repairs may, be made to any non-
conforming building; providing, that r~-o structural
alterations are made.
f. Non-conforming buildings under construction.
Nothing contained in this ordinance shall be deemed
to require any change in the. plans, construction or
designated use of any building far which a building
permit has property been issued, in accordance ~RTith
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the pravisaons of ordinances then effective, and
upon which-actual construction. has been started
prior to file effective date of this ordinance or of
any future applicable rezoning ardinancef provided,
that in all such cases, actual construction shall be
diligently carried on until completion of the
building.
g. Transferability .:. The right to continue a non--
conforming use pursuant to this ordinance shall inura
to the benefit of the o=rlner of the land ar building
affected, his successors, hears, and assigns.
SEC^s ION 2. This ordinance sl~,all take effect thirty (30}
(days after its passage and prior to the expiration of fifteen
(15) days after the adoptior~ hereof shall be published in the
Grille Herald , a newspaper ? n general circula
'i within the County of Butte . ~ .
PASSED AND ADOPTED by the Board of Supervisors Of the
County of Butte, State of California, this 19th. day of
~'ebruary _ .. , 197 ~, by the follo~sing vote
AYES: Supervisors Cameron, Gilman, Zadd, McK~.llop and Chairman Madigan
NOES : None
ABSENT: Done
,F.tCK h~.l-I.D I GAN , C xman
utte County Boa d of Supervisors
ATTEST: CLARI: A. NELSON, County Clerk
and Ex--afficio Clerk0of the Board
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C er or Depu y
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