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Ordinance No.4228
AN ORDINANCE OF THE COUNTY OF BUTTE AMENDING BUTTE COUNTY CODE
CHAPTER 24, ARTICLE III, DIVISION 12 (NONCONFORMING USES AND
STRUCTURES) TO EXPAND THE DESIGNATION OF NONCONFORMING USES AND
STRUCTURES TO INCLUDE UNPERMITTED SINGLE-FAMILY RESIDENCES
CONSTRUCTED BEFORE JANUARY 1, 1978
The Board of Supervisors of the County of Butte ordains as follows:
Section 1. Chapter 24, Article III, Division 1.2 is amended to the
Butte County Code as follows:
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 regulation of the zone in
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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 o:r structure shall have beer) 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 urapermitted residential dwelling unit constructed prior
to January 1, 1978, and not in compliance with zoning
regulations in effect at the time of construction shall be
considered a legal, nonconforming use and structure, subject
to an Administrative Permit.
a. Development Standards.
i. Unpermitted residential dwelling units must be located
in a residential zone, or a zone that allows a
residential use under current zoning.
ii. Obtain a building permit.
iii. Comply with Butte County Code Chapter 19 (On-S..ite
Wastewater Systems).
iv. Comply with Butte County Code Chapter 23B (Water
Wells).
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D 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 _Ls nonconforming.
E. 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 riot return to a. nonconforming use.
C. Replacement of a Nonconforming Use. A nonconforming use may
riot be replaced by another nonconforming use.
D. Intensification of Use.
1. 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.
2. To approve a proposed intensification to a nonconforming
use, the Zoning Administrat-or shall make all findings in
Section 24-125 (Findings).
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24-123 Nonconforming Structures
A. Enlargements to Nonconforming Structures
1 The enlargement of a nonconforming structure shall.
require the approval. of a Minor Use Permit.
2. To approve a proposed enlargement, the Zoning
Administrator shall.. make a.11 the findings in Section 24-
1-25 (Findings).
B. Reconstruction
1 Reconstruction of a 1egal nonconforming structure that
has been demolished or destroyed shal-1 begin within, one-
year and shall be completed within three -years.
2. 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 Z o n. -J.. n g
Adm d. n i. s t r a t o r .
3. The Zoning Administrator may approve an extension of: two
additional years to complete reconstruction of the
demolished structure.
4. If reconstruction is not completed by the specified time
limit, the property shal.1 be deemed. abandoned.
24-124 Loss of Legal Status
A. A nonconforming use or structure shal.1 lose its legal.
nonconforming status if:
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2. A nonconforming use has been discontinued for a period
of 24 consecutive months; or
2. 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 Admdrii.strator 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.
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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).
Section 2. Findings. The Board of Supervisors makes the following
findings, as set forth in Butte County Code section 24-275:
1 The proposed amendment is consistent with the General
Plan and any applicable community or specific plan as
provided by Government Code Section 65860.2.
2. The proposed amendment will not be detrimental to the
public interest, hea-Ith, safety, or, welfare of the
county.
3. The proposed amendment is internally consistent with
other applicable provisions of the Zoning Ordinance.
Section 3. CEQA Exemption. This ordinance will not cause a direct
physical change to the existing environment and therefore -is exempt
from an environmental review pursuant to CEQA Guidelines section
15061(b)(3).
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Section _- 4 - . Severability.
If
any provision of this ordinance or
the
application thereof to
any
person or circumstances is for
any
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reason held to be invalid by a court of competent jurisdiction,
such prov..i.sion sha I I be deemed severable, and the inva I idity
thereof shall not affect the remaining provisions or other
applications of the Ordinance which can be given effect without
the invalid provision or application thereof.
Section 5. Effective Date and Publication. This Ordinance shall
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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 a newspaper of general circulation published in
the County of Butte, State of California.
IPASSED AND ADOPTED by the Board of Supervisors of the County of
Butte, State of California, on the 23rd day of May 2023 Joy the
[following vote:
AYES: Supervisors Connelly, Durfee, Ritter, Teeter and. Chair.,
Kimmelshue
NOES: None
ABSENT: None
ABSTAIN: None
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ATTEST:
ANDY PICKETT, Chief Administrative Officer
and Clerk of the B
By: I
DAputy
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