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AN ORDINANCE AMENDING ORDINANCE 475
The Board of Supervisors of the County of Butte, do ordain
as follows:
Ordinance No. 475 is hereby amended as follows:
to Section 12 is hereby amended to read as follows:
SECTION 12. NON-CONFORMING USES. Any uses of property in
use at the time of enactment of a zoning ordinance, and which use
is in conflict with the zoning ordinance so enacted, may be
continued subj ect to the following regulations:
Ca) No non-conforming use shall be enlarged
without first securing a use permit.
2. Section 13.4 is amended to read as follows:
The findings of the Planning Commission shall be that the
maintenance or operation of the use applied for will or will not
be consistent with Section 2 of this ordinance and will or will
not impair the integrity and character of the zone in which it
lies.
3. Section 13.5 is amended to read as follows:
The determination of the Planning Commission shall be final
unless either the proponents or the opponents of the Cproposed)
use permit file a written appeal to the Board of Supervisors with-
in five days of the ac ti on taken by 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 acts on said appeal. Upon receipt
of an appeal the Board of Supervisors will set a hearing in not
less than ten days. The hearing will be advertised and noticed
pursuant to Government Code Section 659050
~i 4. Section 16 is hereby amended to read as follows:
VARIANCES: WHEN GRANTED: CONDITIONS APPZTCABLE TO VARIANCES
GRANTED.
Variances from the terms of the zoning ordinance shall be
1 granted only when, because of special circumstances applicable
2 to the property, including size, shape, tapography, locatioa or
3 surroundings, the strict application of the zoning ordinance
4 deprives such property of privileges enjoyed by other property in
5 the vicinity and under identical zoning classification.
s Atay variance granted shall be subject to such conditions as
7 will assure that the adjustment thereby authorized shall not
8 constitute a grant of special privileges inconsistent with the
9 limitations upon other properties in the vicinity and zone in
10 which such property is situated,
11 5, Section 16.4 is hereby added to said ordinance, and shall
12 read as follows:
13 A request fora variance shall be submitted to the Planning
14 Commission in the same manner as described in Section 13.2 of
15 Ordinance No. 475, upon receipt thereof, said Planning Commission
16 shall set the matter for a public hearing not less than ten days
17 from the receipt thereof by the Planning Commission,
18 The determination on the variance by the Planning Commission
19 shall be final, except that either the opponents or proponents
20 thereof may file a written appeal from said determination by the
21 Planning Commission to the Board of Supervisors within five days
22 of the action taken by the Planning Commissin n. No variance may
23 be issued or does the aforesaid determination become final until
24 the time to appeal has expired, or in the event an appeal is filed
25 to the Board of Supervisors, then until said Board makes its
26 final determination. An appeal shall be processed, heard, and
27 noticed by the Board of Supervisors in the same manner as provided
28 for an appeal on a use permit in Section 13.5 herein,
29 That this ordinance shall take effect thirty (30) days after
SO the date of its adoption, and before the expiration of fifteen
31 (15) days after its passage, it shall be published with the names
32 of the members voting for and against the same, once, in a
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newspaper published in the County of Butte, State of California.
PASSED AND ADAPTED by the Board of Supervisors of the County
of Butte, State of California this 31sb day of October
1967, by the following vote:
A`?ES: 5IJ1'ER~1I90RS DUNAWAY~ MA7CQN~ McKILLOP~ and PRYDE~
and CHAIRMAN HC~nTSAII~.
NOES: NONE
ABSENT: NONE
OT~',SD , C airman
Board of Supervisors
ATTEST:
JESSIE ROGERS, County Clerk
and ex~officio Clerk of the
Board of Supervisors
By ~~Deputy