HomeMy WebLinkAbout1997ORDINANCE No.~1997
ORDINANCE REPEALING SECTIONS 2-96,2-~97 and 2--98 and
AMENDTNG CHAPTER 24, of the BUTTE COUNTY CODE
...............The...Boax-d o,f Supexyisors..of the County o~'.Sutte, State of,
', California, D0 ORDAIN as follows:
Section.l. That §2-96, 2-97 and 2-9$ of the Butte County
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Code are hereby repealed.
Section 2. That §24-35 is hereby amended to read as follows'
'§24-35. Off Street Parkin
The following off street parking requirements
shall apply throughout the County regardless of zone:
.(A) Residential uses:
(B)
(1) Single family dwellings: two (2) spaces per dwelling
(2) Multiple family dwellings: two {2) spaces per
dwelling unit.
{3) Boarding houses: one (1} space per guest room.
{4} Motels: one (1) space per sleeping unit or dwelling
unit.
{5} Hotels: one (1) space per bedroom.
(6} Fraternities, sororities and dazmitories~.devoted~.~o
housing students: to be determined by the Planning
Department based on the circumstances of each casE;
however in no case shall there be less than one and
one-half '(1 1/2) spaces per each 100 square feet of
sleeping area. Where the total required area
includes a fracti~an, tl~e next highest whole unit
shall be provided.
Tnstitutianal uses:
(1) Hospitals and other similar uses involving overnight
care or treatment: one (1) space per each three {3)
beds. set aside for such care or treatment.
(2) Elementary and Junior High Schools: one (1) space
for each employee and each faculty member.
(3) High Schools: one {1) space far each twenty (20)
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students and one (1) space for each faculty member.
{4) Junior Colleges, Colleges and Universities: One (l)
..._ space .for each ten {l0) students and one (~:)_ space
o~ each " aeulty -mem er~ an_ _emp ogee ,
(~) Other TJses
(1} Public or private permitted uses .
incorporating indoor or outdoor assembly or spectato
areas, such as churches, mortuaries, lodge buildings,
clubhouses, auditoriums, theatres, stadiums, arenas:
one {1) space per each four fixed seats in the
assembly or spectator area, plus one (1) space per
each eight (8) feet of fixed bench length in the
assembly or spectator area, plus one (1) space for
each twenty-eight (28) square feet of assembly or
spectator area in which no fixed seats or benches
are maintained.
{2} Passenger terminals: one (1} space per each gross
one hundred (100) square feet of waiting room area.
The definition of "parking space" as it appears
in subdivision §24-21(33), shall apply to this
section, provided that, in the case of any of the
uses described in C above, the required parking
space may be located off the use site and within a
walking distance of three hundred {300} feet there-
from.
Any proposed use which falls into more than one
of the above categories shall be subject to the :.~
greater of the applicable off-street parking re-
quirements. In addition, the Planning Commission
may require additional off--street parking for any
such use, the total amount so required not to excee
the combined total of each separately applicable
requirement.
The requirements of this Section shall not be
retrospectively applied to a structure or use
existing on January l5, 1970. The enlargement of
any such pre-existing structure or use shall subjec
only the enlarged portion to the requirements of
this ordinance.
Section 3. That §24--37 is hereby amended to read as follows:
§24-37. Non-conforming Uses
(A)-Use of land. Any lawful use of land existing at the
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time of the adoption of a zoning district ordinance
may be continued, although such use does not conform
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t.o the regulation specified. ~.n. 'such ordinance fog the
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district in which such land is located; provided; that
no such-use shall be enlarged or increased, nor be
extended to occupy a greater land area than that occupie
by such use at the time of the adoption of such ordinanc
{B} Use of build~.n The lawful use of a building existing
at the time o the adoption of a zoning district ordin-
ance, may be continued, although such use does-not com-
form to the regulation specified for the district in
which such building is located. The non-conforming use
of a building may be changed to a use of the same ar
more restricted nature provided, that in each case a
use permit shall first be obtained.
{C} Abandonment of non-conformin use. If the non-conforming;
use o land or o a uil ing ceases totally or partially
for a continuous period of twelve (12) months said use
shall be deemed totally or partially abandoned as the
case may be. The twelve (12} month period shall begin
to run from the date of the mailing to the assessed
owner as indicated on the most recent assessment roll,
of a letter, return receipt requested,-from the Planning
Commission stating that said use is considered to be
abandoned. The Planning Commission shall give thirty
(3Q) days notice prior to the termination of the twelve
(12) month period. Thereafter, the land or building
shall be used only in accordance with the regulations
for the district in which it lies, provided however,
that the owner of a non-conforming use rnay, prior to the
expiration of said twelve (12) month period, apply to
the Planning Commission for an extension of time-for a
specified period not to exceed a twelve {l2) month
period. An extension may be granted only where the
applicant shows that he has offered the land or building
for sale or rent on the market and, because of circum-
stances beyond his control, has been unable to sell or
rent said land or building. The application must be in
writing and must be accompanied by a fee equal to"that
required 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 case of an application for a use permit. If the
Planning Commission grants the request, the applicant,
prior to the termination of the extended period, must
either completely revive the use or reapply for a
further extension of time.
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All such re-applications shall be accompanied by the
same fee and shall be subject to the same procedure as
the original application.
_.. _ . .
Ob~i~erwise, -the riori-cozfoi~nirig iise shall .e eemed
totally or partially abandoned as the case may be and
the land or building may thereafter be used only in
accordance with the regulations for the district in
which it lies.
(D) Destruction ar damage of non-conforming building or
structure. A non-conforming building or structure
damaged or destroyed by fire, explosion, earthquake or
other act to an extent of mare than seventy-five (75)
percent of the appraised value thereof, according to th
latest equalized county assessment roll, maybe restore
only if made to conform to all the regulations of the
district in which it is located, provided that such
building may be restored to a total floor area not
exceeding that of. the former building, if a use permit
is first secured.
{E) Maintenance of nan-conformin buildin Ordinary main-
tenance and repairs may e made to any non-conforming
building.
{F} Non-conformin buildin s under construction. Nothing
contained in this or finance sha be deente to require
any change in the plans, construction or designated use
of any building for which a building permit has properly
been issued, in accordance with the provisions of ordi-
nance then effective, and upon which actual constructia~
has been started prior to the effective date of this
ordinance ar of any future applicable rezoning ordinance
provided, that in all such cases, actual construction
shall be diligently carried an until completion of the
buildir~g.
(G) Transferability. The right to continue a nan-conforming
us~e~ ~p~urs~~.~ant to this ordinance shall inure to the benef
of the owner of the land or building affected, his
successors, heirs, and assigns.
Section 4. That §24-43 is hereby amended to read as foll
§24-43. Use Permits
The Planning Commission shall hear and decide all
applications for use permits required by this ordinance.
zn approving a use permit, the Planning Commission
may include such conditions as the Commission deems
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reasonable and necessary under the circumstances to
preserve the integrity and character of the zone and to
secure. the general parposes.of..this ordinauce and.. the ..
_._.. ~_.. _. ._ _. general.p.lan._... -Such- condtans_.-may--include,, but...ar.e..not.
limited to, time limitations and development plan
approval, street dedication, and street and drainage
improvements. Nothing in this section shall be construe
to limit the discretion of the authority of the Planning
Commission to require conditions. Conditions imposed
upon issuance of a use permit must be reasonably related
to the use of the property for whz.ch the permit is
requested.
Section 5. That §24-44 is hereby amended to read as follows:
§24-44, The Planning Commission may condition a use
permit to prohibit a building, structure, or land use
to be occupied until an inspection has been made and it
is found that the building, structure or land use com-
plies with all conditions which the Planning Commission
has specifically required to be completed prior to
occupancy. If a use permit is so conditioned, the
Director of Planning shall notify the Director of Public
Works of such conditions. The Director of Public Works
or the Building Inspector, upon ratification from the
permit holder or 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 or land use fails to comply with
the conditions imposed by the Planning Commission. If
a building permit is issued for a building ar structure
which is subject to a use permit sa conditioned, the
Director of Public Works shall not approve a final
inspection of such building or structure until the
conditions have been met. Provided, however, that
responsibility for use permit compliance shall remain
with the Planning Director.
Section 6. That §24-45 is hereby amended to read as follows:
§24-45. ..Applications far use permits shall be.made to
the Planning Commission in writing on a form prescribed
by the Planning Commission and shall be accompanied by
plot plans sufficient to show the details of the
proposed use or building.
Every application shall be accompanied by 575.00
(Seventy-five Dollars) to be deposited in the County
General Fund, no part of which shall be returned to
the applicant.
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Section 7. That §24-4b is hereby amended to•read as follows:
§24-~46. Upon the filing of a sufficient and proper
__.._ ..__._., .. _.applica ion and ..payment_._o.f...~ke.._ Fees. ,provided for.., in _
._
Section 24-45 herein, the Planning Commission sYiall fix
a time and place for a public hearing.
A notice of hearing on the application for a use
permit shall be bath published in a newspaper of general
circulation in accordance with Government Code §65854 anc
be mailed to the owners of all property within 300 feet
from the exterior boundaries of all property' upon which
an application for proposed use has been made. Said
notice shall be mailed to said property 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 indivi-
dual property owners closest to the area being considerec
be notified. Said notice shall indicate the time, date,
and place of the hearing and the location of the subject
property. railure of any property owner to receive such
a notice shall not affect in any manner th.e action taken
by the Planning Commission or the Board of Supervisors.
Section 8. That §24-47 is hereby amended to read as follows:
§24-47. The Planning Commission on the basis of the evi-
dence submitted at the hearing, may grant use permits
required by the provisions of this ordinance when it fi
that:
(1) The proposed uses of the property will not impair
the integrity and character of the zone in which the lane
lies and that the use would not be unreasonably incom-
patible with, or injurious to surrounding properties or
detrimental to tke health and general welfare of the
persons residing or working in the neighborhood or to
the general health, welfare and safety of the County.
Evidence offered at hearing hereunder shall be receivf
held and disposed of in the manner set forth in §24-27(B;
herein.
Section 9. That §24-48 is hereby amended to read as follows:
§24-48. The determination of the Planning Commission shal
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 falls on a legal holida
the appeal may be filed by 5:00 p.m. an the next day whi
the office of the Clerk is open for business. The Clerk
s
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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 Supervisors act on said appeal. Within ten days of
the date of filing of an appeal, the Board of Supervisors
shall set a date for a hearing. Said hearing shall be
advertised and noticed pursuant to Section 24-4b. The
Board of Supervisors shall decide such appeals making
the findings required in Section 24-47 above. The Board
of Supervisors hearing shall be conducted de nova pro-
vided that all applications, papers, maps, exhibits and
staff recommen.dations.:; made or presented to the Planning
Commission may be considered by the Board of Supervisors.
The decision of the Board of Supervisors shall be final
and not subject to review except by a court: of competent
jurisdiction,
Section 10. That §24-48,3 is hereby~'amended~to~read.~as follow
§24-48.3. Upon application, and for good cause shown by
the permittee., at a public hearing noticed pursuant to
Section 24-46 above, the Flanning Commission may extend
any time ~imitatians previously made a part of any con-
dition to a use permit. If construction has commenced
on-the project, and the applicant has made progress
toward compliance with fhe conditions of the use permit,
an automatic one-year extension of time shall be granted
when a request is submitted to the Planning Department,
and the status of the use permit verified by that
department. Unless otherwise provided foie in a condition
to a use permit.purs.uant to sections 24-43 and 24-44
herein, all conditions must be completed by the permittee
within 12 months of the delivery of the permit to the
permittee.
Section 11. That §24-48.4 is hereby amended to read as follows:
§24-48.4. Any permittee may apply for a modification of hi
permit by complying with the application provisions of
section 24-45 herein. .Upon the filing of.a sufficient
application and payment of the required filing fee, the
Planning Commission shall fix a time and place for a
public hearing.
Section 12. That §24-48,5 is hereby amended to read as Poll
§24-48.5. Pursuant to section 24-48.3 above, the Planning
Gommission at 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 as provided in section 24-48 above.
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Section 13. That §24-4$.6 is hereby amended to read as follow
§24-48..6. The Planning. Commission may..continue any hearing.......
....from ..t ime t o- time-. _ .. .. .......... .
The use permit shall be deemed granted when. the appeal
period pursuant to section 24-48 has lapsed and the permi
signed by the applicant, with the counter-signature of
the Planning Commission Chairman, is received by the
permittee by registered mail.
Section 14. That §24.50 is hereby amended to read as follows:
§24.50. Application for Variance
Application for a variance shall be made to the Punning
Commission in writing on a form prescribed by the hoard.
Such application shall be accompanied by a fee of
seventy-five (75) dollars, to be deposited in the County
General Fund, no part of which shall be returnable to the
applicant.
Section 15. That §24-51 is hereby amended to read as follows:
§24-51. Notice of Hearin
(A) The Planning Commission shall hold at least one
hearing on the application, said hearing to be
noticed as hereinafter set forth.
{B} A notice of hearing on an application for a variance
shall be mailed with postage pre-paid using addresses
from the last equalized assessment roll, or from such
other records of the Assessor which may contain mare
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 proper y
owners closest to the area being considered be notifi d.
Said notice shall indicate the time, the date, t
place of hearing, and the location of the subject
property. Failure to receive said notice shall not
invalidate any action .taken by ei`ther~the
Planning Commission or the Board of Supervisors.
(C}Evidence offered at hearing hereunder shall be
received, held and disposed of in the manner set-fort
in §24-27 (B) herein.
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Section 16. That §24-52 is hereby amended to read as follows:
.'... §24-52... The determination of .the.Plannang.Commission..shall
.. - .. .....be final un-less ~ a--wr~~ ten appeal: .is--filed with the TG~erk
of the Board of Supervisars by 5:00 p.m, on tke 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
which the office of the Clerk is open for business. The
Clerk shall immediately forward a copy of said appeal to
the Planning Commission. No variance may be issued until
said time for appeal has expired, ear may such variance
be issued in the event an appeal is filed until th.e Board
of Supervisars acts on said appeal. Within ten days of
the date of the filing of an appeal, the Board of Super-
visors shall set a date for hearing. Said hearing shall
be advertised and noticed pursuant to Section 24-51(B}
herein. The Board of Supervisors shall decide such appea
on the grounds set in Section 24-49 above. The Board
hearing shall be conducted de navo provided that all
applications, papers, maps, exhibits and staff recommend-
ations made or presented to-the Planning Commission may
be considered by the Board of Supervisors. The decision
of the Board of Supervisors shall be final and not subjec
to review except by a county of competent jurisdiction.
Section 17. That §24-58 is hereby amended to read as follow
§24-58. Environmental I~.pact
(A) Re izi:reznent for Findixi s - Notwithstanding any other
provision o this co e or any ordinance, all. decisions
by the Board o£ Supervisars, Planning Commission and
Subdivision Committee regarding use permits, variances
or changes of zone shall require findings prescribed
by the California Environmental Quality Act and ordinanc
adopted pursuant thereto, in addition to all other
requirements.
Section 18. That §24-60 is hereby amended to read as follows
§24.60. Reapplication
Whenever an application for change of zoning, use
permit variance or an expansion of a non-conforming use
is declined~in the legislative process as set out in Chas
chapter of the Butte County Code, no new application for
re-zoning, use permit variance or expansion of non con-
forming use pertaining to part or all of the property
affected by said initial application may be filed for one
year froze the date of the final decision thereon;
s
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provided, however, that a new application may be filed
where the applicant shows at a public hearing as provided
..herein,. that.~h~re has. beena.change,of circumstances
... .. .that occurred.. after.. he..final . decision..on ..the previous. ~. _.
application. A special public hearing shall-be held on
the question of change of circumstances which special
hearing shall be set, noticed and heard in the same manne
as for a hearing for change of zoning as set forth in
Section 24-29 of this Code.
(A) Application
{1) The application for
accompanied by a fee
County of Butte and
forthwith deposited
County of Butte.
said special hearing must be
of $100.00, payable to the
said-fee of $100.00 shall be
in the general fund of the
{B) Decision & Appeal
(l) The decision of the Planning Commission on the
issue of change of circumstances shall be final
except that any interested person may appeal tke
decision of the Planning Commission to the Board
of Supervisors, provided that a written notice
of appeal is filed with the Clerk of the Board
of Supervisors within 5 days of the decision of
the Planning Commission.
Section 19. That §24:62 is hereby amended to read as follows:
§24-62. Violations
Violation of Terms of use permit.
Whenever any alleged violation of the terms of a
use permit is brought to the attention of the Planning
Director, he shall, after determining that a violation
does exist, give the permittee a written notice to comply
within thirty (30) days. Said notice shall be sent by
registered mail,. return receipt requested, and the 30 day
period shall commence with date of mailing the notice. If
the permittee does not comply within the thirty (30) day
period, the Planning Director shall place the question of
the revocation of the use permit an the agenda of the next
regular Planning Commission meeting.
Any use permit may be revoked if any of the terms or
conditions of such permit are violated or if any acts or
omissions of the permittee in connection witk the use
authorized by said permit constitute a public nuisance.
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The Planning Commission shall. set a date for a hearing to
be held before it on any proposed revocation. Notice of
_.. said hearing.s.hall be advertised and-noticed pursuant to-
_... ... .-Government Code. §b5905 , -and .s-hall .give notice of . said ___~
hearing to the permittee by registered mail. Notice of
the time and place of said hearing 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 time to time.
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 as
provided in Section 24-~-$ above.
Tf the final decision of the Planning Commission, or
Board of Supervisors, as applicable is to revoke the use
permit pursuant to this section and the use continues ever
though the use permit has been revoked, the Planning
Director shall report such facts to the Board of Supervi-
sors and to the office of the District Attorney and Count
Counsel for appropriate action. Evidence necessary to
litigate the violation shall be submitted by the Zoning
Inspector to the offices of the District Attorney and
County Caunsel in a form and content approved by these
offices .
Section X20 ' ~ This'-}Ordinance sha~~l~ be and `it is ~~Zereby declared
to be, .in, full ~o~ce~.arid+~ffect from .and after thirty (30) clays
after the date of its passage, and before the expiration of
fifteen ('15) days after its passage, this Ordinance shall be
published on.c;e 'wi.th the names of the members of the Board of
Supervisors voting for and against it in the Chico Enterprise
a newspaper published in the County of; But:te.,,..S;tate of .Califor:nia.
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PASSED AND ADOPTED by the Board of Supervisors of the
County of Butte, State of California, this 23 day of
.. ...._ . Y _.... , _ ._.. .. g._ .. ...
ariuar
Y , 1979, b the followin vote:
AYES: Supervisors Dolan Mose~.ey~ Wheeler, Winston
and Chairman Lemke
NOES: None
ABSENT: None
NOT VOTING: None
`~~~ ~
BERT LEMKE, C airman o t e
Butte County Board of Supervisors
ATTEST:
CLARK A. NELSON, County Clerk and
ex--officio Clerk of the Board
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