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- Ordinance No. 2484
AN ORDZNANCE ADD~I~G CWAPTER 23C ~0 T~I~ BUTTE
CDUNTY CODE RELATIVE TO COMMERCTAL WEIGNING
AfVD MEASURING II~STRUMENTS and A~iENDING CHAPTE~S
2 and 2~ OF TFlE BUTT~ CQl1f~TY COD~ RELATIVE TO ZDNII~G
The Board of 5upervisars of the County of Butte, 5tate o~'
Ca~.ifornia, DO ORDAIN, as follows:
Secti.on 1. That Chapter 23C is hereby added to the Bu~~.e
Caunty Code ~n read as fal7.ows:
§23C-1. Title. 7he titie o~ ~.his chapter 5na~i be
known as the Regis~ratior~ Requiremen~s for Com~erciai Weighir~g and
Measc~ring Insf.ruments.
§23C-2. Purpose. Ti~e purpase af this chapter is to
establish a syst~m for the registration o~' weighing and measuring
instruments fnr ~.he recovery of costs incurred from the in5pecti~g
and tes~,ing of such instruments, as estab~.ished in California
Business and Professional Code Sections 122'f0 and 1224Q, et seq.
§23C-3. Defin.i~ions. Far the purpose of' tE~is chap~er,
the following terms and phrases s~all b~ defir~ed as set out balow.
A. "WeigE~ing and Measuri'ng Instruments" shall include ~he foliawing
dev~ces, and a13. other de~iees c~assified by the State Director
of Fofld and Agricu~ture as cominc~ within Sec~zon 12241 of the
BuSiness and Professions Code.
1. Electrie Me~ers -- up ~0 2~0 AMP maximum capacity~
2. A11 cord/wire and fabric meters
3. Liquid me~ters -- up ~0 3Q GPM maximum capac~ty
4. Liquified pe~roleum gas me~ers -- stationary LPG dispensers
only -- 60 GPM maximum capaci~y
5. Taximeters
6. Vapor meters -- up to 45~ CF~i maximum capacity~'
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1 7. Water meters -- up to 3D GPM maximum capacity
2 8. Compu~ing scales/POS systems/counter sa~es
~ 9. Monorail and mea~ beam scal.es -- up to and including
~ 1,000 ].bs.
5 10. Platform sca~es --- up to and inc~.uding 1,~00 lbs.
~ 11. Jewe].ars', prescriptian and pree~aus metal. scales.
~ 12. Hangirtg scales --- up to and inclc~ding 1,OQ~ lbs.
g 13. Ociometers
g-~ Each house or~~obil,ehame is considered to be o~e lacation, except
in a mobilehome park or apartment complex where t~re park ar
~p camplex is considered ane l.oca~ion.
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~2 B. "Gommereial Purposes" sha11 have ~,he meanir~g assigned ta i~.
~3 by Sect~on 'i2500(e) of ~.he Busi.ness and Profe~sa.ans Code.
1~ C. "County Sea3.er" sha11 mean the sealer appointed by the County
1~ Board af S~pervisors and his d~tly authorized agents.
Z~ D. "Loca~ion" ~eans ~he raom, er~clos~re, build.ing, space or area
17 where one or more weighing and measu~ing instruments are ~ocated
1$ or operated.
~g §23C-~. Registration certificate. No person shall use
2p any we9.ghing or measuring instrument for commerciai purposes without
21 having a current annual rega.stration certificate far such ~nstrument.
22 7he certificate shall be in addit~on to ar~y nther certificate,
23 ~.icense or permi~ whicE~ may be reqi~ired by the County or any other
`?4 governmen~al entity. In the case of LP-gas ~apor ~eters, a certi-
25 ficate sha11 be issued based on an ar~nual co~nt of an LP-gas dealer's
26 meters located in ~.he county, and if ehanges in the number of ~neters
27 occur during the year, no additional certifieate(s) shal~ be required.
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1 A. App].ication.
2 An applica~.ion for a registration certificate mus~ be sub~itted
~ to f.he CoUr~ty Sealer in tha for~ prescribed by him. The County
4 Sealer sha~1, upon receip~, of a completed applieatian ar~d the
5 paymertt of ~he appl~cable fee described herein, issue a current
~ registrat~.on certificate. Each certificate of registration for
'7 whic~ the appiication fee has been paid sha3.1 be valad f'or 12
g months from ~he date af issuance.
g 9. Issuance to Corporation.
~p A registration certificate may be issued ~.a a corporation du~y
11 authorized to transact business in this s~,ate or to any ~ersan .
12 opera~ing under a fictitious name who has compli.ed with the
13 provisions of Chapter 5(commencir~g with Section 1790~) of Par~
14 3 of Division 7 of the BuSirtess and Professions Code. Otherwise
15 all such cer~.ificates shall l~e issued in the true name of the
16 applicant. Except as provided above, no 6usiness, occupation or
17 ac~.ivity ~'or which a cert~ficate is required by this article ~ay
18 be condu~ted under any fa].se of fic~itious name. A cer~ificate
I9 issued to a corporation shall des~gnate such corpora~.ion by the
20 exact name whicE~ appears ir~ the A~ticles of Incorporaf.ion of
21 such corporation
22 §23C-5. Annual Fee. An annual registration fee shali
~3 be charged for a11 weigf~ing and measuring a.nstruments requi~ing a
2~ registration eertificate as provided for herein. The annual regis-
~5 ~.ratzan fee shal]. be as establisE~ed by resolu~.ian as de~ermined by
2~ the Board of S~pervisars, i~ conformity with Cali~'arnia Business and
27 Professions Cade Section 12241(b).
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1 §23C-6. Transfer. A~egistration certificate is
2 transferable from one person ~a another and is valid only ~nr t~e
3 specific instruments and, if the instruments are to be used at a
4 fixed location, for the speci~ic lncation for which it is issued.
5 Replacement of specific instruments shall be allowed without a
~ new certifica~e being required.
7 §23C-7. ~e~inquency. Any person failing to renew a
$ permit an or before the ~ext anniversary date of each successive
9 year shall be required to pay an additional sum equa~ to 50°b of
10 the ~egistration fee as a penalty for a~y suc~ delinquency.
11 §23C-8. Failure to Com 1. VioZation of any o~ ~he
12 provision5 of this c~ap~er is an infraction punishable by a fine
~~ not to exceed $100 for the firs~ offense and not t~ exceed $20Q
14 for a second or subseyuent offense.
15 Sectio~ 2. That Section 24-23.80 is hereby adde~ to the
16 Butte County Cade to read as fo~~ows:
17 §24-23.80. Procedure for Genera~ Plan Amendments.
1$ A. Existing and ~roposed zaning districts are to be consistent wi~h
I9 ~he Gene~al Plan of the County. If an amendment to the General
20 Plan is req~ired as part of a propased Rezone, such amsndment
21 mus~ be reques~ed by eit~er:
22 (~) The Planning Eommission;
23 (2) The Bnard af 5~pervisors; or
~4 (3) By a pe~itiori filed with the Planning Director, signed by
95 owners, and accompanied by the fee set by Resalution of ~he
2fi Board of Super~isors, no part of which shall be refundable
27 to the appl~ca~t.
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B. The procedure for amendments to the Genera~ P~an sha11 be the
same as for precise zoning amendments. 5~ch amendments shall
occ~r no more freque~~iy than four (4) times during any calendar
year pursuant ~n Section 65~b1 of the Governme~t Code.
Sect~on 3. T~at 5ection 24-26 of the Bu~te County Code
is hereby amended to read as fallaws:
§24-26. Procedure for Precise Zonin Amendments.
A. This chapter, sxeept for the T~mber Preserve Zoning District,
may be amended to establis~ de~a~led zoning districts or to
change district boundaries only if an amendmen~ is requested
by either:
{1) The Plan~ing Commission;
(2) The Board o~ Supervisors; or
(3} By a petition ~i~ed with the P~anning Direc~ar, signed by
owners repre~e~ti~g sixty percent (600) or more of ~he area
to be rezoned, and accampanied by t~e fee set by Resolutian
of the Board of Superv~sors, no par~ af which sha11 be
returnable ~o the applica~~, Any sueh petition may be
withdrawn upon ~he writ~en app~ication of a majority of a11
the persons who signed suc~ petition at any time prior ta
~he hearing on the proposed amendment 6e~ore the Board of
5upervisors.
B. 7he procedure to es~abl~s~ or amend the Timber Preserve Zoning
District s~ail be as es~ablished ~y Resolution of the Soard of
Super~isors of the County of B~tte.
5~ction 4. That 5ection 24-28.1 is hereby added to the
Bu~te County Code ~o read as fo~lows:
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§24-28.1. Qrdinance ~ublishing Fee. PrioF to the Boar~
of 5upervisor5 setting a public hearing, an estimated pub~ishing
fee, as pravided for by resolution af the Board of Supervisors,
sha11 be deposited with the C~erk of the Board.
Sectzon 5. Fhat Section 24--3Q of the B~tte County Code
~s F~ereby amended ~n read as follows:
~ A.
§24-30. Interim Zoning.
Without fallowing ~.he procedures o~herwise requir~d preli~inary
to the adop~ion of a zaning ardinance, the Board of Supervisors,
~o protect the pubiic safety, health and welfare, may adopt as
an urgency measure an interi~t ordina~ree prohibiting any uses
wE~ich may be in conflict wi~h a con~emplated zoni~g proposal
whieh the Board af Supervisors, Planning Commisszon or the
Planning Dapar~ment i5 considering or studying or intends to
study within a reasonab~e time. Such urgency measures shall
requirE a four-fifths (4/5~hs) vote of tF~e Board of 5upervisars
for adop~ing. Such interim ordinar~ce shal.l be of no further
for~e and effect forty-five {45) days fram its date of adoption;
pro~ided, however, ~.f~at after notice pursuant ~o Sectior~ 24-27
and pubJ.ic hear~ng, ~.he Board of Supervisors may extend such
interim ordinance for 10 mon~hs and 15 days and subsequently
extend sueh interim ordinance for one year. Any such extension
shall al.so require a four-fifths (4/5~.f~s) vote for adoption.
Not mnra than two such ex~Ensions may be adopted.
~I S. Alternately, an interim ordinance may !ae adopted by a four-fifth5
vote following natiee pursuant to Seetion 24-27 and public
hearing, in which case it shail be of no fu~ther force and
effect for~.y-~fiive (4S) days fram i~s date of adoption, provaded,
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1 however, that after no~ice pursuar~t to Section 2~-27 and public
2 hearing, ti~e Baard of Superv~sors may ~ay a four-fifths (G~/Sths)
3 vate extend sueh interi~ ordinance far 22 months and 15 days.
4 C. The Board af 5upervisors sf~al]. not adopt or ex~.end any inter~m
5 ordinance pursuant ta this sectian unless ~he ordinance contains
g a finding that there is a current and immedia~e threat to the
'] public hea].th, safety, or wel~'are, , ti~a~ ~he approval of addi-
g ~.iona3. subdivisions, rezonings, lantf use permits, varianees,
g buildxng permits, ar any o~her applicabJ.e entitlement for use
1Q which is required in order ~o comp.ly with the zoning ardinance
11 wou~d resu~~ in a threat to puhlic hea~th, sa~'ety, or welfare.
12 D. 7en (10) days prios to ~he expira~ian of an interim ardinance or
~~ any extension, the Board ofi Supervisors s~all issue a writf.en
~4 ~eport describing ~he meas~res ~aken to alleviate the condition
X5 which lead to ~he adaption af the ordinance.
~6 E. When any such interim ordi.nance has been adopted, e~ery subsequen~
1'7 ordinance adop~ed pursua~~ ta this secti.on, cnvering the who~.e
~$ or a part of ~he same property, sha11 automa~ica.lly term~.nate
1g anci be of no ~'u~ther force or e~'fect upon the termination of ~.he
20 first such ordinance or any extensia~ thereof as herea.n provided.
21 Sec~ion b, That Secf.ia~ 24-~5 0~' the 8u~~e County Code is
22 hereby at~er~ded to read as fallows;
~3 §2~-45. Us~: Permit (Fees). App~.icatia~s far use
94 permits shal,l be made to ~he P~an~ing Department in writing an a
25 form prescribed by ~~e Planni.ng Commzssion and shall be accompanied
26 by plot plans sufficient to show tf~e details of the proposed use o~e
27 building.
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Every application sha11 be accompa~ied by the
fee set by resolutian of ~he Board af 5upervasors ~o be deposited in
~he County g~neral fund, ~o part of which sha~l be returned ta the
appli~ant.
Sectian 7. That Sectian 24-48.1 of the Butte County Code
~s hereby amended to read as follows:
§24-48.1. If any use far which a permi~ has ~een granted
is na~ established w~thin one {1} year of ~he da~e of receipt of the
p~rmi~ by the permittee, the permit shall become ~ull and void a~d
reapplica~inn pursuant ~o Section 24-45 shall be reyuired to establish
t~e use previous~y granted under ~he exp~red permit~u~less, ~hirty
(30) days priar ~a the expiration date, a req~est for a on~ (1} year
ex~ension is submitted to the Planning Commissivn together with
sufficient evxdence, that time limits for processing developm~nt
permits ~nder ~ederal or state reguZations require ~ime iimits
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wh~ct~ exceed one (1} yEar.
Section 8. That Sec~ion 24-48.2 of ~he Sutte County Code
is heret~y amended to read as foiiows:
§24-48.2. A use permit shall be deemed revoked if the
use for which the permit was granted has ceased or has l~een suspended
for a per~od of ~welve (12) consecutive manths.
Section 9. That Section 24-48.b af the But~e County Code
i5 hereby amended to z~ead as follaws:
§24-48.6. The P].annin Director May Extend Permit
5ignir~g Period. 7h~ use permit sha11 be deemeci granted when the
appeal period pursu.ant to 5ection 2~--52 has lapsed and the permit
signed by ~he appia~cant, w~~.h tne countersigr~a~ure of the Planning
~om~nissian, is seceived by the permi.~tee by certified mail. The
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1 applicant must sign the use permit within thir~y (30) days of
2 expiration of the appeal periad. Extens_ion of the 30-day ~ime
3 period is appealable to t~e Planning Di~ector upon showing reasonable
4 causes. Any use permits previously approved that are not signed
5 within thir~y (30) days o~ t~e effective date of this ordinance
6 shall be de~med inva~id.
7 Seetion 10. Tha~ Section 24-50 of ~he B~~te County Code
$ is hereby amended to read as follows:
9 §24-50. Application for Variance. Application for a
10 variance shall be made to the Plann~ng Depart~ent in wri~ing on a
XI form prescribed by the Planning Commiss~an. Such application shall
12 be accompanied by a fee set by resolution of t~e Board of Supervisors
13 tn be deposited in the Coun~y general fun~, no part of w~ich shall
14 be retu~nable to the applicant.
15 Section 11. That Section 2~-51 of the But~e County Code is
16 hereby amended tn read as follows:
I7 §24-51. Notice of Hear~ng.
18 (a) The Planning CommiSSion shaZ~ ho~d at Ieas~ one hearing an the
19 applicatio~, said hearing ~v be noticed as provided in 5ection
20 2~~4b herein.
21 {~) Evidence of~ered at t~e hearing hereunder shall be received,
~2 held, and disposed of in the manner set fo~th in Section
~~ 24-27{B) herein.
9~ 5ection 12. Tha~ Section 24-52 of the Butte ~ounty Code is
95 hereby amended ~o read as fal~aws:
2~ §24-52. Us~ Permits and Variances. The determination
27 0~ ~he Planning Commission shall be final unless a written appeal is
28 fz~ed wi~h the C1erk of t~e Board of 5upervi5ars by 5:00 ~.m. on the
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1 eigh~h calendar day fol~owing ~he date of the de~ermination;
2 provided ~hat, if said eighth day falls on a~egal holaday, the
3 appeal may be filed by 5:00 p.m. on the next day on which the affice
~ nf the clerk.is open for business. Every appeal shall be accompanied
5 by the fee set by resolution af ~he Baard af Supervisors to be
6 deposi~ed in the County general fund, no par~ of whieh shall be
~ re~urned ~o t~e applicant. The clerk shal~ immediate~y forward a
g capy of said appeal to the Plann~ng Commission. No u~e permit/
g ~araance may be issued until said time for appeal has expired, nor
jp may such use permit/variance be issued in the event an appeal is
11 filed until t~e Board of S~pervisor5 act on said appeal. Within
X2 ten (10) days of the date of ~~e fi~ing of an appeal, the Baard af
I3 Supervisors shali set a date for a hearing. Said hearing sha11 be
1~ advertised and noticed pursuant to Section 24~46 herein. The 8oard
15 of Su~er~isnrs shall decide such appea~ on use permits the grounds
16 set ou~ in Section 24-47 herein, on variances on t~e grounds set out
17 in Section 24-49 herein. The Board hearing shall be conducted de
18 navo provided that a~l applications, papers, maps, exhibits, and
]9 staf~ recommendations made or ~resented ~o ~he Planning Commiss~on
20 may b~ ~onsi~ered by the Board of 5~pervisors. The decision o~
21 the Board of Supervisors s~all ba final and no~ subjec~ to review
22 exeept ~y a caur~ of co~patent jurisdiction.
23 Section 13. That 5ection 24-58 of the But~e County Code
24 is hereby amended to read as ~ollows:
h~ §24-58. En~iranmen~al Impact. Requirement for findings:
26 Notwithstandi~g any other provis~on of this Code or any ord~nance,
27 all discre~ionary decisians by the Board of Supervisors and Planning
~g Commission require findings prescribed in ~he California Environmenta~
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1 Quali~y Aet and ordinances adopted pursuan~ thereto, in addi~ion to
2 ai1 ot~er requireme~~s.
3 5ection 14. That 5ec~ion 24-60 of the Butte County Code is
4 hereby amende~ to read as fol~aws:
5 §2~-60. Reapplication. Whenever an application for
6 change af zoning, use permit, varia~ce or an expansio~ of a no~-
7 confar~ing use is declined in the legis~ative process as set out in
$ this chapter of the 8ut~e County Code, no new application for
9 rezonang, use permi~, variance, or expansio~ of noncanforming use
10 pertaining to part ar all of the property afFected by said initial
11 application may be fi~ed for one year from the date of the fina~
12 decisivn thereon; pravided, however, t~at a new application may be
13 filed where the appiicant shows at a public ~earing, as pro~ided
~4 herei~, that t~ere has been a change of circumstances ~hat occurred
1~ after the final decision on the previous application. A special
16 public hearing shall ~e he~d on the ques~ion of change of circumW
17 stances, which special hearing s~all be set, noticed and heard in
18 t~e same manner as for a hearing for change af zoning as set forth
~9 in Section 24-46 af t~is Code.
20 (a) Application: 7he application for said speeial hearing ~ust be
21 accampanied by t~e fee set by resolution of ~he Board o~
22 Supervzsars to be deposi~~d in the general fund af t~e County
~3 of Butte, no part of which shall be returnable ~o the aPplicant.
~4 (b} D~ciSian and appeal: The decision of the Planning Commission
~5 on the zss~e nf change of circumstances sha11 be final excep~
2~ that any interested person may appeal the decisinn to the Board
27 0~ Supervisors, pravided that a written notice of appeal i5
~~ f~1ed with the Clerk af ~he Baard of Supervisors and accompanied
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1 by the fee set by resol~tion of ~he Baard of Super~isors wi~hin
2 five (5) days of ~he dEC1510~ of the Plan~i~g Cammissio~.
3 Sec~ion 15. T~at Sec~ion 2-74 af t~e Butte County Code is
Q hereby amended to read as fal~ows:
5 §2-74. Powers and Duti~s; General ~lan. It shalZ be
6 ~he duty of the ~embe~s of the Planning Commission to inform ~hem-
~ selves af the func~ions and duties of the Ca~mission and to that
8 end, when authorized by the Commission, may attend conferences of
9 planning executives, heari~gs on the legislatian affectzng the
IO General P1an ~or the County, and reasonable traveling expenses
11 ineidental ~o such attendance shall be charged against such funds
I2 allocated to the Commission. It is direc~ed ~ha~ the Commission
I3 prepare or cause to be prepared necessary rules and reguiations
I4 for the guidance of its meeti~gs.
~5 It shall bE ~he functian of the Plan~~ng
16 Comm~ssian to act as the pZanning age~cy in all ~atters pertaining
17 ~o General Plan amendments, zonings, specific plans, development
I$ agreemen~s in aceordance with Government Cade Section 65100,
19 et seq.
20 It shall be the function of the Planning
21 Commission to prepare and adop~ a comprehensive, Inng term general
22 pisn for tE~e physical devel.opment of ~he County and any la~d ou~side
23 its boundaries whi.ch, in the Planning Commission's judgment, bears
~4 relation to its pla~ning. Such p.lans shall be known as the General
W~ Plan and shall be prepared in s€tch a manner tha~ the elemen~.s a€~d
2~ part ~hereaf compr2se an intergrated and internally consistent a~d
~7 compatible statemen~ of policies for the Board af Supervisors.
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1 Tf~e General Plan sha1~ be s^ preparsd tha~ a11
2 or inciividua~ elements of ~t may be adopted by ti~e 8oard of Super-
3 visors for a1~ or part of the territory af the coun~y a.n any format
4 deet~ed appropriatE nr convenient by the Board of Super~isors including.
~ the combining of elements.
~ The General Plan shall consis~. of a statement
7 of development poli.cies ar~d shali inclucie a diagram or diagra~s and
g text set~ing for~h objectives, pri~c~.ples, stanclards, ar~d plan
g proposals. ~'he P1.an shall .include the elements mat~dated by Govern-
1~ ment Code Sec~ion 65302 as amended.
11 Section 16. This ordinance is hereby and it is declared to
12 6e in full force and effect from and after thirty (30) days after
~3 ~h~ date of i~s passage, and before the expiration of fif~een (15)
1~ days after its passage, this ordinance shal.~. be published o~ce
1~ wi~f~ the names of the members o~' the Board of 5uper~isors ~oting
~~ for and against it in the Orav~lle Nferctary , a
1~ newspaper ~ublishecf in ~he County of Butte, Sta~e of Califar~ia.
18 FASSED A~1D A~OPTED by the Butte County Board of Supervisors
~S this ~7th day of September ,'1985, by ~Eh~ follaw~ng vote:
2~ AYE S: Supervisors Dolan, Mclnturf, NlcLaughT~n, Whee~er and Cha~rman Fult
2~ NOES : None
~2 ABSEN~ : None
w3 NQT VDTING: None
9~
LEN FI~LTON, Chairman of the
9~ Butte County Bnard of Supervisors
2~ ATTEST:
27 NlARTIN J. NICNOLS, Chief Admir~is~rative
Officer and Cl.erk of the Board
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