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HomeMy WebLinkAboutMISC20-0007 Zoning Confirmation Letter Department of Development Services Paula Daneluk, Director Pete Calarco, Assistant Director 7 County Center Drive T: 530.552.3700 Oroville, California 95965 F: 530.538.7785 buttecounty.net/dds March 4, 2020 To Whom It May Concern: In response to your request for information regarding the above-referenced property, we have researched our files and present the following: 1. The current zoning classification for the subject property is: Very Low Density Residential (VLDR). The current zoning would not allow a Mobile Home Park today. 2. According to the zoning ordinances and regulations of this district, the use of the subject property is a: Current Use Mobile Home Park Permitted Use by Right Permitted Use by Special/Specific Use Permit Number _____ (enter permit number and see question 4) Permitted Use by Conditional Use Permit _______ (enter permit number and see question 4) Legal Nonconforming Use (use was existing prior to the adoption of the zoning ordinance/code) Non-Permitted Use The Municipality is unable to opine at this time Comments:____________________________________________________________________________ 3. Conformance: Per current zoning ordinances and regulations applicable to the subject property, the current structure(s) is (If unknown, please check the last box): Legal Conforming (complies with, or is otherwise exempt from, applicable zoning regulations, including parking) Legal Nonconforming (does not meet the current zoning requirements due to amendments, re-zoning, or other changes. See comments) Grandfathered (developed prior to the adoption of the zoning code/ordinance) Nonconforming (see comments) The Municipality is unable to opine at this time Comments: The structures are governed by the State Department of Housing and Community Development (HCD). Property Name: Golden Oaks MHC Address: 3289 State Highway 70 4. Have any variances, special permits/exceptions, ordinances or conditions been granted/approved for either the use or structures of the subject property: No, there are not any variances, special permits/exceptions, ordinances or conditions that apply to the Subject property. Yes, the following apply to the subject property: ______Variance (Documentation/copies attached) ______Special Permit/Exception ______Ordinance ______Conditions Comments:____________________________________________________________________________ 5. Rebuild: In the event of casualty, in whole or in part, the zoning code states that a legal non-conforming structure: May be rebuilt in its current form (i.e. no loss of square footage, same footprint, with drive through(s), if applicable). May not be rebuilt in its current form, except upon satisfaction of certain conditions, limitations or requirements. Please see section Chapter 24. Article 22 (attached) of the current zoning code/ordinance for details. Additionally, the damage threshold is calculated based on the entirety of the property or per individual building. 6. Building and Zoning Code Violation Information: There do NOT appear to be any outstanding/open zoning or building code violations that apply to the subject property. The following outstanding/open ______ zoning / ______ building code violations apply to the subject property: Comment: HCD has jurisdiction over the park in relation to code enforcement complaints. 7. Fire Code Violation Information: There do NOT appear to be any outstanding/open fire code violations that apply to the subject property. The following outstanding/open ______ fire code violations apply to the subject property: Comment:_____________________________________________________________________________ 8. Certificates of Occupancy (required for the use, operation and occupancy of the subject property), status: Valid Certificate(s) of Occupancy has been issued for the subject property and is/are attached. We are unable to locate a copy in our records. The absence of a Certificate of Occupancy will not give rise to any enforcement action affecting the property. Certificates of Occupancy have been issued for the subject property in _____ (enter year); however, for projects constructed prior to the year _______ are no longer on file with this office. The absence of a Certificate of Occupancy will not give rise to any enforcement action affecting the property. A Certificate of Occupancy is not required for the subject property. Comments: HCD issues building permits for this Mobile Home Park. 9. Site Plan Information: The subject property was not subject to a site plan approval process The subject property was subject to site plan approval; a copy of the approved site plan is attached The subject property was subject to site plan approval, but a copy of the approved site plan is no longer in existence (was lost or destroyed). All other existing documents applicable to site plan approval for the site are attached. An approved site plan for the subject property is on file, but our office does not have the necessary resources to reproduce and distribute copies of the plan. All other existing documents applicable to site plan approval are attached. Other, (as noted here): Comment:_____________________________________________________________________________ Further comments regarding the subject property: __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ ______________________________________________________________________________ This information was researched on March 4, 2020, by the undersigned, per request and as a public service. The undersigned certifies that the above information contained herein is believed to be accurate and is based upon or relates to the information supplied by the requestor. The Authority assumes no liability for errors and omissions. All information was obtained from public records, which may be inspected during regular business hours. ZONING AUTHORITY: By: Tristan Weems Municipality: Butte County Title: Associate Planner Department: Development Services NONCONFORMING USES AND STRUCTURES 24-119 169 NONCONFORMING USES AND STRUCTURES Sections: 24-119 – Purpose 24-120 – Applicability 24-121 – General Provisions 24-122 – Nonconforming Uses 24-123 – Nonconforming Structures 24-124 – Loss of Legal Status 24-125 – Findings 24-126 – Appeals 24-119 Purpose This article establishes regulations for nonconforming uses and structures. In addition, this article is intended to: A. Ensure that nonconforming uses and structures do not adversely impact neighboring properties; B. Provide for a process to allow for the minor expansion of nonconforming uses and structures; C. Allow for repairs and maintenance to nonconforming structures; and D. Provide for the elimination of nonconforming uses as appropriate due to abandonment, obsolescence, and destruction. 24-120 Applicability This article applies to existing uses and structures which do not conform to the regulations of the zone in which they are located. 24-121 General Provisions A. A nonconforming use or structure may be continued if it was legally established in compliance with all applicable regulations in effect at the time it was established. B. To be considered legally established, a legal nonconforming use or structure shall have been physically constructed or in existence, not merely contemplated. Conditional Use Permits, Variances, Building Permits, or other permits not exercised within the required time do not establish the right to a legal nonconformity. C. Any person asserting a right to a nonconforming use or structure has the burden of proof to demonstrate the existence of the use prior to the establishment of the applicable zone or regulation for which it is nonconforming. 24-122 NONCONFORMING USES AND STRUCTURES 170 D. When approving a Minor Use Permit or another permit associated with a nonconforming use or structure, the review authority may at its own discretion establish a date for either the termination of the use or review of the Minor Use Permit. 24-122 Nonconforming Uses A. Change in Ownership, Tenancy, or Management. A change in ownership, tenancy, or management of a nonconforming use shall not affect its legal nonconforming status provided that the intensity of use does not increase. B. Resuming a Nonconforming Use. A nonconforming use changed to a conforming use shall not return to a nonconforming use. C. Replacement of a Nonconforming Use. A nonconforming use may not be replaced by another nonconforming use. D. Intensification of Use. The enlargement of a structure or site occupied by a nonconforming use, or the intensification in any way of the operation of a nonconforming use, shall require the approval of a Minor Use Permit. To approve a proposed intensification to a nonconforming use, the Zoning Administrator shall make all findings in Section 24-125 (Findings). 24-123 Nonconforming Structures A. Enlargements to Nonconforming Structures. The enlargement of a nonconforming structure shall require the approval of a Minor Use Permit. To approve a proposed enlargement, the Zoning Administrator shall make all the findings in Section 24-125 (Findings). B. Reconstruction Reconstruction of a legal nonconforming structure that has been demolished or destroyed shall begin within one-year and shall be completed within three-years. The reconstructed structure shall not exceed the original structure in regards to maximum height, floor area, encroachment into setbacks and other property characteristics as determined by the Zoning Administrator. The Zoning Administrator may approve an extension of two additional years to complete reconstruction of the demolished structure. If reconstruction is not completed by the specified time limit, the property shall be deemed abandoned. NONCONFORMING USES AND STRUCTURES 24-124 171 24-124 Loss of Legal Status A. A nonconforming use or structure shall lose its legal nonconforming status if: A nonconforming use has been discontinued for a period of 24 consecutive months; or A nonconforming structure has been vacant for a period of 24 consecutive months. B. Based on Subsection A above, the Zoning Administrator may determine that a nonconforming use or structure has lost its legal status and shall mail a notice to the property owner and occupant. C. The property owner or occupant may appeal the determination of the Zoning Administrator to the Planning Commission within 15 days of the mailing of the notice. The appeal shall be filed and heard as provided in Article 37 (Appeals and Calls for Review). 24-125 Findings The Zoning Administrator may approve a Minor Use Permit for a nonconforming use or structure if all of the following findings can be made in addition to the findings in Article 31 (Conditional Use and Minor Use Permits): A. Available evidence indicates that the nonconforming use or structure was legally established. B. The nonconforming use or structure has not resulted in a notable negative impact or nuisance to the surrounding area. C. The nonconforming use or structure is compatible with the general character of the surrounding area. D. The proposed action is compatible with the purpose and intent of the applicable zone. 24-126 Appeals Any decision on a requested modification to a nonconforming use or structure may be appealed as allowed by Article 37 (Appeals and Calls for Review). 24-124 NONCONFORMING USES AND STRUCTURES 172