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HomeMy WebLinkAbout3876Ordinance No. 3876 AN ORDINANCE ADDING SECTION 26--3.3, ENTITLED "NOTICE OF LIMITED ALLOWED USE", TO CHAPTER 26, ENTITLED "BUILDINGS", OF THE BUTTE COUNTY CODE The Board of Supervisors of the County of Butte ordains as follows: Section 1. Section. 26-3.3 is added to Chapter 26 of the Butte County Code to read as follows: "26-3.3. Notice of Limited Allowed Use. (a) The building official may, in exercising his or her authority to determine the occupancy classification of a structure, the building code requirements applicable thereto and the uses allowed, in. accordance with a Residential Accessory Building & Space-Use Matrix approved by the Director of Development Services, recommend the recordation of a notice or deed restriction specifying the allowed limited use of the structure. (b) If the building official recommends the recordation of such a notice or deed restriction, the Director of Development Services is authorized to require recordation of a notice or deed restriction specifying the allowed limited use of the structure, as a condition of the issuance of a ministerial building permit for construction or modification of the structure. The notice or deed restriction shall remain ixi effect until a change in use or character of use has been approved by the building official or a change in law has occurred, either of which change allows the uses otherwise restricted to be conducted. Under either circumstance allowing such change of use, the owner of the property in question sha11 be entitled to have the notice or deed restriction rescinded, and the Directar of Development Services is authorized to sign a rescission of the notice or deed restriction, which rescission shall then be recorded." Section 2. Severability. If any provision of this Ordinance or the application thereof to any person or circumstances is for any reason held to be invalid by a court of competent jurisdiction., such provision shall be deemed severable, and the invalidity thereof sha11 not affect the remaining provisions or other applications of the Ordinance which can be given effect without the invalid provision, or application thereof. Section 3. Effective Date and Publication. This Ordinance shall take effect thirty (30) days after the date of its passage. The Clerk of the Board of Supervisors is authorized and directed to publish this ordinance before the expiration of fifteen (15) days after its passage. This Ordinance shall be published once, with the names of the members of the Board of Supervisors voting for and against it, in the Chico Enterprise- Record, a newspaper of general circulation 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 13th day of April 200 by the following vote: AYES: Supervisors Dolan, Houx, Josiassen, Yamaguchi and Chair Beeler NOES: None ABSENT: None NOT VOTING: None R.J. BEELER, Chair of the Butte County Board of Supervisors ATTEST: PAUL MCINTOSH, Chief Administrative Officer and Clerk of the Board By: Deputy