HomeMy WebLinkAbout2767;~.
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ORDTNANCE NO. 2~~'~
AN ORDINANCE OF THE COUNTY OF BUTTE AMENDING SECTION
24-37.6 OF THE BUTTE COUNTY CODE PERTAINZNG TO THE
ABANDONMENT OF NONCONFORMING USES
The Boarr~ of Supe~viso~s of the Coun~y af Butte, State
of California, under and pursuant to Chapter 24-29 of the Butte
County Code of said County, DO ORDATN, as fallows:
SECTION 1. Section 24-37.6 of th~ Butte County Code
is hereby amended to read as follows: .
Section 24-3'7.6 Abandonment of Nonconfarming use.
(a) Abandonment; Consequence~: A noncontorming use
shall be abandoned when it is vo~.untar~ly discontinued with ~he
a.ntent not to resume it. There sha~.1 be a pzesumption that a
nonconforming use which has been c7iscontinued for a period of
twe~.ve (12) consecuti~e months has been abandoned; however, the
property owner, occupant or other par~ty asserting the right to
said use rnay submit evic7ence ta rebu~ ~he presurnption inc].uding
evidence tha~ ~he discontinuan.ce wa~ not voluntary. The
praperty owne~, occupant or other party asserting the right to a
legal nonconfo~ming use has the burden of proving the legal and
cont.inuzng existence o~ the us~. Qnce abandonecl, a
nanconforming use shall no longer be a legal nonconforming use
en~itled to the rights and privileges described in this Chapter
and thereafter shall be made to conform to ~he uses, standa~ds
and requirements of the zone in which it is loca~ed.
(b) Determina~ion of Abanaonment; Appeal: the
Planning Director may dete~mine whether a~ not a nonconfa~ming
use has b~en abandoned and may mail notice of such determa.nat~.an
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to the proper~y owner us~ng the add~ess from the latest
equa~iaed assessment roll of the County of Butte and to the
occupant at the street address of ~h~ prop~rty. The property
owner or occupant may, within 15 days of the mailzng af said
determinatian, appeal the determznation ~a the Board o~
Supervisors. Tf no such appeal is fi~ed, the de~~rmination of
the Planning Director shall be final. Tf such appeal is fi~ed,
it sha~~ b~ ~i~ed and heard ~n the same manner as appeals
p~rsuant to Section 24-4$. There sha11 be no fee required for
the filing of such an appeal.
SECTZON 2. This O~dinance shall be and it is he~eby
declared to be in full foree and effect from and after thirty
(30) days after the date of its passage, and bEfore the
expiration of ~ifteen (15) days after its passage, this
ordinance shall be published once with the names of the memb~rs
of the Board of Supe~vi~ors vating fo~ and against it in th~
oroville Mercury , a newspaper publi,shed in thE County of Butte,
State of Ca~.iforn~.a.
PASSED AND ADOPTED by the Board of Supervisors of the
County of Butte, Sta~e of California, on the 1$th day of
J~Zy' 1989, by the following vate:
AYES: Supervisors Do1an, Mc~nturf, McLaughlin, Vercruse and Chairman Fulton
NOES : None
ABSENT : None
NOT VOTING : None
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But e Caunty Board af Superviso~s
ATTEST: Ch~ef Adm~nistra~ive Officer and
Clerk af th oard
by ~ ~