Loading...
HomeMy WebLinkAbout1663ORDINANCE N0. ~ 16b3 _~ f ~, ~ ORDINANCE AMENDING ORDINANCE N0. 475, KNOWN AS ± ~.~ ` THE BUTTE COUNTY ZONING ENABLING ORDINANCE ~ The Board of Supervisors of the County of Butte, State of 2 California, under and pursuant to Ordinance No. 475, being the 3 zoning enabling ordinance, as amended, DO ORDAIN as follows: 4 Section l3 of Ordinance No. 475 is hereby amended to read 5 as follows:' g SECTION l3. USE PERMITS 7 13.1 The Planning Commission shall hear and decide all 8 applications for use permits required by this ordinance. g 13.2 Tn approving a use permit, the commis.~ion may include 10 finch condition. as the commieion deems reasonable and neces.aary 11 under' the circumstance.a to preserve the integrity and character 12 of the zone and to .aecure the general purposes of this ordinance 13 and the general plan. Such conditions, may include, but are not 14 Limited to, time limitations and development plan approval, 15 street dedication, and .street and drainage improvements. Nothing lg in this section shall be con.~trued to limit the discretion of the 17 authority of the commission to require conditions. Conditions 18 imposed upon issuance of a use permit must be reasonably related x9 to the use of the property for which the permit is requested. 20 13.3 The Planning Commission may condition a use permit to 21 prohibit a building, structure, or land use to be occupied until 22 an inspection ha.~ been made and it is found that the building, 23 Gtructure or land use complies with all conditions which the 24 Planning Commission has specifically required to be completed 26 prior to occupancy. If a use permit is so conditioned, the 2B Director of Planning, upon notification from the permit holder or 1. 1 2 S 4 5 6 7 8 9 10 11 12 13 14 15 Z6 F 17 ~8 19 20 21 22 23 24 25 28 his agent, shall make an inspection and .shall either approve the use and occupancy or shall notify the permit holder or his agent wherein the building, structure ar land u.se fails to comply with the condition.G imposed by the commission. If a building permit i.s issued for a building or structure which is subject to a u.se permit so conditioned, the director of public works shall not approve a final inspection of such building or structure until the director of planning has inspected the building or structure and approved the use and occupancy. 13.4 Applications for use permits shall be made to the planning commission in writing on a form prescribed by the commission and ,shall be accompanied by plot plans sufficient to .show the details of the proposed use or buildingo 13.5 Ew'ery application shall be accompanied by a fee of $50~ _{fifty) dollars to be deposited in the County General Fund, no part of which shall be returned to the appl~:cant. 13.6 Upon the filing of a sufficient and proper application and payment of the fees provided for in Section 1305 herein, the planning commission .shall fix a time and place for a public hearing. 13.7 A notice of hearing on the application far a uGe permit shall be both published in a newspaper of general circula- tion in accorda nce with Government Code X65$54 and be mailed to the owners of all property within 300 feet from the exterior boundaries of the property upon which an application for proposed use has been made. Said notice shall be mailed to said property 2. 1 2 3 4'' 5 8 7 8 9 lp xl 12 1.3 14 15 18 17 18 is 20 2~. 22 23 24 23 26 owners at their last known addresses using the addresses from the latest equalized assessment roll of the County of Butte, except that in no case shall less than 10 separate and individual property owners closest to the area being considered be notified. laid notice shall indicate the time, date, the place of the hearing and the location of the subject propertya Failure of any praperty owner tv receive such a notice shall not affect in any manner the action taken by either the planning commission or the Board of Supervisors. 13.8 The commis.ion, on the basis of the evidence submitted at the hearing, may grant use permits required by the provisions of this ordinance when it finds that: (l) The proposed uses of the property will not impair the integrity and character of the zone in which the land lies and that the use would not be unreasonably incompatible with, or injurious to surrounding properties or detrimental to the health and genera]. welfare of the persons residing or working in the neighborhood or to the general health, welfare and safety of the County. 13.9 The determination of the Planning Commission shall be final unless a written appeal is filed with the Clerk 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 fa11s on a legal holiday, the appeal may be filed by 5 : 00 p, m. , on the next day on which the office of the Clerk i.s open for business. The Clerk shall immediately forward a copy 30 1 2 3 4 5 6 7 8 9 10 lI 12 13 Z4 15 16' 17 18 19 20 2I 22 23 24 2S 28 of said appeal to the Planning Commission. No use permit may be issued until Laid time for appeal has expired, nor may .such permit be ~.~sued in the event an appeal is filed until the Board of , Supervisors act on Laid appeal, Within ten days of the date of filing of an appeal, the Board of Supervisors sha11 seta da;~e for a hearing. Said hearing shall be advertised and noticed pursuant to §13.7, The Board of 6upervisors shall decide much appeals making the findings required in §13.8 above, The Board hearing shah. be conducted de novo provided that all applications, papers, maps, exhibits and staff recommendations made or presented to the Planning Commission may be considered by the Board. The decision of the Board .shall be final and not subject to review except by a court of competent jurisdiction, 13.10 If any u.Ge for which a u.Ge permit has been granted is not establi.Ghed within one year of the date of receipt of the permit by the permittee, the permit shall become nu11 and void and reapplication pursuant to §13.4 shall be required to establish the use previously granted under the expired permit. 13.11 Use perm~.t shall be deemed revoked if the use for which the permit way granted has ceased or has been .suspended for a period of 12 consecutive months. 13,11.1 Upon application, and for good cause i~hown by the permittee, at a public hearing noticed pursuant to Section 13.7 above, the Commission may extend any time limitations previously made a part of any condition to a use permit, if construction has commenced on the project, and the applicant has made progress <40_ 1 2 3 4 5 e 8 9 10 xI 12 ], 3 I4 15 16 17 18 ].9 20 2L 22 23 24 28 26 toward compliance with the condition. of the use permit, an automatic one-year extension of time shall be granted when a request i.s submitted to the Planning Department, and the status of the use permit verified by that department. Unless otherwise provided for in a condition to a use permit pursuant to Section 13.2 and 13.3 herein, all conditions must be completed by the permittee within l2 months of the delivery of the permit to the permittee. 13.12 Any use permit granted under this section may be revoked if any of the terms or conditionG of .such permit are violated or if any acts or omissions of the permittee in connection with the u.Ge authorized by said permit constitute a public nuisance. The Planning Commission .hall set a date for a hearing to be held before it on any proposed revocation. Notice of maid hearing shall be given in the .same manner as provided for in §13.7 herein. Based upon the evidence presented at the hearing, the Planning Commission may revoke or modify the use permit. Decision of the Planning Commission may be appealed to the Board of Supervisors a.s provided in §13.9 above, except that the time for filing such a written appeal shall be 8 dayG. 13.13 Any permittee may apply fora modification of hip permit by complying with the application provisions of §13.4 herein. Upon the filing of a sufficient application and payment of the required filing fee, the Planning Commission .Ghall fix a time and place for a public hearing. 13.14 Pursuant to §13.13 above the Planning Commission at 5. 1 2 3 4 5 e 7 8 9 10 I1 12 13 14 15 16 17 ~.8 19 20 21 22 23 24 23 2S the hearing may modify the permittee's use permit by changing, deleting or adding conditions to the permittee's existing permit. Any ,such modification shall be subject to appeal to the Board of Supervisors as provided in §13.9 above, except that the time for filing .such a written appeal shall be 8 days. 13.15 The Planning Commission may continue any hearing from time to time. 13.16 The use permit .shall be deemed granted when the appeal period pursuant to Section 13.9 has lapsed and the permit signed by the applicant, with the counter-signature of the Planning Commission Chairman, i.s received by the permittee by registered mail. 1.3.17 If the final decision of the Planning Commission or Board of Supervisors, as applicable is to revoke the use permit pursuant to §13.12 above, and the u.se continues even though the use permit ha.s been revoked, the Planning Director shall, report such facts to the Board of :Supervisors and to the office of the District Attorney for appropriate action. 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 sha11 be published with the names of the members voting for and against the same in the ~,~^~~_~~ ^ Gxidl~ Herald___._._.~~._._.., a newspaper published in the County of Butte, State of California. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, state of California, on the 2oth~~ ~ day of January 6. 1 2 3 4 b 6 7 S s to 11 12 13 14 1~ 16 17 18 is 2D 2l. 22 23 24 2,~ 26 ~.Q7~°~, by the foXlowing vote: AYES: Supervisors Ladd, Madigan, McKiliop, RicY-ter and Chairman Cantexon NOES ; None ABSENT: None NOT VOTING: None Butte County Board of Supervisors ATTEST: CLARK A. NE~.SON, County Clerk and Ex~officio Clerk of the Board ---- - - --.-- ~ erne 'o~ Depu~y~'_._.~._._.~.._. 7.