HomeMy WebLinkAbout39041 Ordinance No. 3904
2 AN ORDINANCE AMENDING CHAPTER 24 REGARDING NONCONFORMING PARCELS
3 ENTITLED "ZONING", OE THE BUTTE COUNTY CODE
4 The Board of Supervisors of the County of Butte ordains as
5 follows:
6 Section 1. Section 24-35.40 of Chapter 24 of the Butte
County Code is amended to read as follows:
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24-35.40 Nonconforming parcels of record.
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9 Except as otherwise provided in this Chapter or where
specifically merged under the provisions of section 66499.11 et
10 seq. of the Government Code, any legally established parcel of
land of record having less than the minimum width ar frontage
11 required far the zone in which it is located, may be used for a
permitted use provided that the parcel:
12 (a) Meets the other area or dimensional standards and
requirements for the proposed use unless changed by the
i3 planning commission with a variance; and
14 (b) Meets the requirements of the Butte County health
division for the provisions of water and sewage
15 disposal.
16 Side yard setbacks on nonconforming lots may be reduced by
five-foot increments until at least a fifty-foot wide building
17 envelope is achieved. No side yard setback requirement is to be
reduced below ten (10) feet. Rear yard setbacks on nonconforming
18 lots may be reduced by five-foot increments with a minimum rear
yard setback of ten-feet. Such modificatiora.s of side yard or
19 tear yard setbacks are to be approved in each and every case by
the director of development services or designee after finding
20 that the subject property is a legally created nonconforming
lot. In making the setback determinations, the director or
21 designee may use information pertinent to the parcel and
surrounding area with comparable zoning, e.g. 1) the setback
22 requirements of the prior zone, and 2) the average setbacks on
nearby parcels of similar size, shape and within the same zoning
23 district.
24 Section 2. Severability. If any provision of this Ordinance or
25 the application thereof to any person or circumstances is for any
26 reason held to be invalid by a court of competent jurisdiction, such
27 provision shall be deemed severable, and the invalidity thereof shall
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1 not affect the remaining provisions or other applications of the
~ Ordinance which can be given effect without the invalid provision or
3 application thereof.
4 Section 3. Effective Date and Publication. This Ordinance shall
5 take effect thirty (30) days after the date of its passage. The Clerk
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of the Board of Supervisors is authorized and directed to publish this
ordinance before the expiration of fifteen (15? days after its
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passage. This Ordinance shall be published once, with the names of the
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members of the Board of Supervisors voting for and against it, in the
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11 Chico Enterprise Record, a newspaper of general circulation published
12 in the County of Butte, State of California.
13 PASSED AND ADOPTED by the Board of Supervisors of the County of
14 Butte, State of California, on the 22nd day of March, 2005, by the
15 following vote:
16 AYES: Supervisors Connelly, Dolan, Houx, Josiassen, and
17 Chair Yamaguchi
18 NOES : None
19 ABSENT: None
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2Q NOT VOTING: None -f
21
KIM K. YAMAGUCHZ, Chair
22 Butte County Board of Supervisors
23 ATTEST:
24 PAUL MCINTOSH, Chief Admira.istrative Officer
25 And Clerk of the Board of Supervisors
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By•
27 D uty '
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