24-20 - Nature and purpose of zoning plan.

(a)

This chapter divides the unincorporated territory of the county into geographical districts designated as zoning districts. It establishes regulations limiting the use of land and structures, location, height and bulk of the structures, the open spaces about buildings and provides for such other measures as will accomplish the purposes of this chapter.

(b)

This chapter is adopted to promote and protect the public health, safety and general welfare for the following more particularly specified purposes:

(1)

To assist in providing a definite plan of development for the county, and to facilitate, encourage, guide, control and regulate the future growth of the county.

(2)

To protect the character, social and economic stability of agricultural, residential, commercial, industrial and other areas within the county; to assure the orderly and beneficial development of such areas; and more particularly, to provide adequate light and air; to avoid undue concentration of population; to facilitate the adequate provision for transportation, water, sewage, drainage facilities, schools, parks and other public developments; to conserve and develop natural resources; to protect the food supply; to conserve property values; to conserve energy; and to promote efficient urban design and arrangement, and to secure economy in governmental expenditures.

(3)

To obviate the menace to the public safety resulting from the location of buildings, and uses of buildings and of land, adjacent to streets and highways which are a part of the streets and highways element of the general plan of the county, or other thoroughfares, so that existing or prospective traffic circulation on said highways will be facilitated.

(4)

To implement the policies of the Butte County general plan.

(c)

It is expressly declared that all of the provisions of this chapter shall apply to all property within the unincorporated territory of Butte County whether owned by private persons, firms or corporations, or by the government of the United States of America, or any of its agencies, or by the State of California or any of its political subdivisions or agencies, unless the federal or state activity is specifically exempted from local review, or by any county including the County of Butte, town or municipal corporation or any of its or their agencies, or by any district formed under the laws of the State of California.

(d)

The board of supervisors shall have the authority to decide any question involving the interpretation or application of any provision of this chapter. Said provisions of this chapter and the applications thereof shall be held to be the minimum requirements necessary to promote the public health, safety and general welfare. Except as specifically herein provided, it is not intended by this chapter to repeal, abrogate, annul or in any way to impair or interfere with any existing provision of law or ordinance, or any rule, regulation or permit previously adopted or issued or which may be adopted or issued pursuant to law relating to the use of buildings or premises, or relating to the erection,, construction, establishment, moving, alteration or enlargement of any building improvement; nor is it intended by this chapter to interfere with or abrogate or annul any easement, covenant or other agreement between parties or to annul or abrogate the public improvements emplaced and paid for by property owners pursuant to previously adopted county plans; provided, however, that in cases in which this chapter imposes a greater restriction upon the erection, construction, establishment, moving, alteration or enlargement of buildings or the use of any such building or premises in said several districts, or any of them, than is imposed or required by such existing provisions of law or ordinance, or by such rules, regulations or permits, or by such easements, covenants or agreements, then in such case the provisions of this chapter shall control.

(Ord. No. 3176, § l (Exh. A), 1-24-95)

24-21—24-24 - Reserved.

24-25 - Adoption of zoning district map.

Those maps entitled "Butte County Zoning District Map," together with all legends, symbols, notations, references, zoning district boundaries, map symbols, and other information on the maps, subscribed by the director of development services, on file in the development services department, planning division, are hereby adopted as the zoning plan of Butte County and made a part of this chapter.

(Ord. No. 3852, § 1, 5-13-03: Ord. No. 3176, § 1(Exh. A), 1-24-95)

24-25.05 - Changes to the zoning map.

(a)

Changes in the boundaries of the zone districts shall be made by ordinance pursuant to section 24-25.20 of this chapter, and shall be reflected on the official zoning maps.

(b)

The director of development services shall properly maintain the official zoning maps established by section 24-25. When appropriate, he or she shall administratively update these maps by changing the street pattern, lot lines, or other orientation features.

(Ord. No. 3852, § 2, 5-13-03)

24-25.10 - Zoning district boundaries.

The boundaries of each zoning district as referred to in this chapter are delineated on the zoning district map by red lines. Within each district so delineated appear symbols consisting of letters and numbers. Such symbols have the meaning and are given the effect provided in section 24-70 of this chapter and Code.

(Ord. No. 3852, § 3, 5-13-03: Ord. No. 3176, § 1(Exh. A), 1-24-95)

24-25.15 - Zoning district boundary disputes.

(a)

Should a dispute arise or ambiguity appear as to the exact location of the boundary line of any zoning district, the following rules shall be applied in determining the exact location of such lines:

(1)

Where such boundaries are indicated as approximately following street and alley lines, such street and alley lines shall be construed to be such boundaries.

(2)

Where such boundaries are indicated as approximately following lot lines, such lot lines shall be construed to be such boundaries.

(3)

With respect to property that is not subdivided, and where a zoning district bisects a lot, the location of any such boundary, unless the same is indicated by dimensions shown upon the zoning district map shall be determined by the use of the scale appearing on the zoning district map.

(4)

If any further uncertainty shall exist, the board of supervisors upon written application or upon its own motion, shall determine the location of such boundaries.

(b)

Reserved.

(Ord. No. 3176, § 1(Exh. A), 1-24-95)

Zoning Procedures

24-25.20 - Procedure for precise zoning amendments.

(a)

This chapter, except for the Timber Preserve Zoning District, may be amended to establish detailed zoning districts or to change district boundaries only if an amendment is requested by either:

(1)

The planning commission; or

(2)

The board of supervisors; or

(3)

The Butte County director of development services; or

(4)

By a petition filed with the director of development services, signed by owners representing sixty (60) percent or more of the area to be rezoned, and accompanied by the fee set by resolution of the board of supervisors, no part of which shall be returnable to the applicant. Any such petition may be withdrawn upon the written application of a majority of all the persons who signed such petition at any time prior to the hearing on the proposed amendment before the board of supervisors.

(b)

The procedure to establish or amend the Timber Preserve Zoning District shall be as established by resolution by the board of supervisors of the County of Butte. Said procedures have been established by Resolution 79-20.

(Ord. No. 3176, § 1(Exh. A), 1-24-95)

24-25.25 - Public hearing for zoning amendments.

(a)

The planning commission shall hold a public hearing on any such proposed amendment. Notice of the time, date and place of said hearing including a general explanation of the matter to be considered and including a general description of the area affected shall be given at least ten (10) calendar days before the hearing in the following manner:

(1)

Notice shall be published at least once in a newspaper of general circulation, published and circulated in the county;

(2)

In addition, notice of the hearing shall be given by mail or delivery to all persons, including businesses, corporations or other public or private entities, shown on the last equalized assessment roll as owning real property within three hundred (300) feet of the property which is the subject of the proposed zoning change.

(3)

In addition to the requirements of subsections (a)(1) and (a)(2) of this section, in the event of any planning commission initiated amendment, the planning commission shall give mailed notice to the owner of the property which is the subject of the proposed zoning change as that owner appears on the latest equalized assessment roll.

(4)

In the event that the number of persons to whom notice would be sent pursuant to subsection (a)(2) hereof is greater than one thousand (1,000), the planning commission may, as an alternative to the notice required by subsection (a)(3) of this section, provide notice pursuant to this subsection (a)(4). Such notice shall be given at least ten (10) days prior to the hearing by either of the following procedures:

a.

By placing a display advertisement of at least one-eighth (⅛) page in the newspaper having the greatest circulation within the area affected by the proposed ordinance or amendment and in at least one (1) additional newspaper having general circulation within such area, if such additional newspaper is available; or

b.

By placing an insert with any generalized mailing sent by the county to property owners in the area affected by the proposed ordinance or amendment, such as billings for county services.

(b)

Any evidence to be received by the planning commission at the public hearing, other than oral testimony, unless rejected by the planning commission when offered, shall be surrendered to the clerk of the commission and become the property of the County of Butte. The director of development services shall be the custodian of the record of the planning commission and shall keep, for at least twelve (12) months following this presentation to the commission, all evidence received by the commission at a public hearing. At any time after twelve (12) months following its presentation, the director of development services may dispose of any such evidence in any manner he shall deem proper. The director of development services may, upon the expiration of twelve (12) months following a public hearing, release any evidence to the person or persons who presented that evidence at the public hearing so long as such person or persons shall make a request in writing to the director of development services not more than sixty (60) days nor less than thirty (30) days prior to the expiration of the twelve (12) month period.

Notwithstanding the provisions of this subsection, the director of development services shall forward to the clerk of the board of supervisors all evidence received pursuant to this subsection when the matter heard by the planning commission results in a recommendation to the board of supervisors from the action of the planning commission. Upon receipt by the clerk of the board of supervisors of the evidence forwarded pursuant to this section, the clerk of the board of supervisors shall become the custodian thereof and the twelve (12) month period pursuant to this subsection shall commence after final action by the board of supervisors.

(Ord. No. 3176, § 1(Exh. A), 1-24-95; Ord. No. 3877, § 5, 4-13-2004)

24-25.30 - Action of the planning commission on zoning amendments.

Following the aforesaid hearing, the planning commission shall render its decision in the form of a written recommendation to the board of supervisors. Such recommendation shall include the reasons for the recommendation, the relationship of the proposed amendment to the Butte County general plan and any specific plans. If the recommendation is to change property from one zone to another, the planning commission may recommend that conditions be imposed so as not to create problems inimical to the public health, safety and general welfare of the residents of Butte County. The recommendation shall be transmitted to the board of supervisors within ninety (90) days after the date the hearing was closed to the public.

(Ord. No. 3176, § 1(Exh. A), 1-24-95)

24-25.35 - Ordinance publishing fee for zoning amendments.

Prior to the board of supervisors setting a public hearing, an estimated publishing fee, as provided for by resolution of the board of supervisors, shall be deposited with the clerk of the board.

(Ord. No. 3176, § 1(Exh. A), 1-24-95)

24-25.40 - Action by the board of supervisors on zoning amendments.

(a)

Upon receipt of any such recommendation from the planning commission, the board of supervisors shall set the matter for public hearing and shall give notice of the time, date, and place of said hearing at least ten (10) days prior to the hearing in the same manner as provided for the giving of notice of the hearing by the planning commission as specified by section 24-25.25

(b)

The board of supervisors shall take action upon the proposed amendment within ninety (90) days from the date of receipt of the planning commission's initial recommendation. If no action is taken within said ninety (90) days, the proposed amendment shall be deemed denied.

(c)

The board of supervisors may approve, modify or disapprove the recommendation of the planning commission; provided that any modification of the proposed amendment by the board shall first be referred to the planning commission for report and recommendation, but the planning commission shall not be required to hold a public hearing thereon. Failure of the planning commission to report within forty (40) days after the modification is referred to it, shall be deemed to be approval of the proposed modification by the planning commission. The board of supervisors may impose conditions to the zoning reclassification of the property where it finds that said conditions must be imposed so as not to create problems inimical to the public health, safety and general welfare of the County of Butte. If conditions are imposed to a zoning reclassification, said conditions shall run with the land and shall not automatically be removed by a subsequent reclassification of the property.

(d)

Said conditions shall be as set forth in an agreement entered into by the applicant and the county. Said conditions may be removed only by the board of supervisors after recommendation by the planning commission.

(Ord. No. 3176, § 1(Exh. A), 1-24-95)

24-25.45 - Comments at public hearing for zoning amendments.

Each party appearing before the board of supervisors at the public hearing referred to in section 24-25.40 is encouraged to submit written comments before the public hearing as well as at the public hearing itself. Oral comments shall be limited to five (5) minutes per person, unless such time is extended by consent of the chairman of the board of supervisors.

(Ord. No. 3176, § 1(Exh. A), 1-24-95)

24-25.50 - Interim zoning.

(a)

Without following the procedures otherwise required preliminary to the adoption of a zoning ordinance, the board of supervisors, to protect the public safety, health and welfare, may adopt as an urgency measure an interim ordinance prohibiting any uses which may be in conflict with a contemplated zoning proposal which the board of supervisors, planning commission or the planning division is considering or studying or intends to study within a reasonable time. Such urgency measures shall require a four-fifths (4/5) vote of the board of supervisors for adoption. Such interim ordinance shall be of no further force and effect forty-five (45) days from its date of adoption; provided, however, that after notice pursuant to section 24-25.25 and public hearing, the board of supervisors may extend such interim ordinance for ten (10) months and fifteen (15) days and subsequently extend such interim ordinance for one (1) year. Any such extension shall also require a four-fifths (4/5) vote for adoption. Not more than two (2) such extensions may be adopted.

(b)

Alternately, an interim ordinance may be adopted by a four-fifths (4/5) vote following notice pursuant to section 24-25.25 and public hearing, in which case it shall be of no further force and effect forty-five (45) days from its date of adoption, provided, however, that after notice pursuant to section 24-25.25 and public hearing, the board of supervisors may by a four-fifths (4/5) vote extend such interim ordinance for twenty-two (22) months and fifteen (15) days.

(c)

The board of supervisors shall not adopt or extend any interim ordinance pursuant to this section unless the ordinance contains a finding that there is a current and immediate threat to the public health, safety, or welfare, that the approval of additional subdivisions, rezoning, land use permits, variances, building permits, or any other applicable entitlement for use which is required in order to comply with the zoning ordinance would result in a threat to public health, safety, or welfare.

(d)

Ten (10) days prior to the expiration of an interim ordinance or any extension, the board of supervisors shall issue a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance.

(e)

When any such interim ordinance has been adopted, every subsequent ordinance adopted pursuant to this section, covering the whole or a part of the same property, shall automatically terminate and be of no further force or effect upon the termination of the first such ordinance or any extension thereof as herein provided.

(Ord. No. 3176, § 1(Exh. A), 1-24-95)

24-26—24-29 - Reserved.

24-30 - Procedure for general plan amendments.

(a)

Existing and proposed zoning districts are to be consistent with the general plan of the county. If an amendment to the general plan is required as part of a proposed rezone, such amendment must be requested by either:

(1)

The planning commission;

(2)

The board of supervisors;

(3)

The Butte County director of development services; or

(4)

By a petition filed with the director of development services, signed by owners, and accompanied by the fee set by resolution of the board of supervisors, no part of which shall be refundable to the applicant.

(b)

The procedure for amendments to the general plan shall be the same as for precise zoning amendments. Such amendments shall occur no more frequently than four (4) times during any calendar year pursuant to section 65361 of the Government Code.

(Ord. No. 3176, § 1(Exh. A), 1-24-95)

24-31—24-34 - Reserved.

Nonconforming Uses

24-35 - Nonconforming uses.

Existing uses, structures and buildings, and lots or parcels which do not conform to the regulations of the zone in which they are located shall be subject to these specific regulations. It is the purpose of this article to establish procedures to permit the continued operation of such uses where such uses are appropriate while eliminating nonconforming uses through abandonment, obsolescence or destruction.

(Ord. No. 3176, § 1(Exh. A), 1-24-95)

24-35.10 - Types of nonconforming uses defined.

As used in this chapter, the term nonconforming uses includes several types of nonconformities. Several distinct types of nonconformities can be distinguished from one another. These include:

(a)

Nonconforming building. That situation which occurs when a building or structure does not conform to the zone regulations because of size, height, location, materials or proximity to other buildings; and

(b)

Nonconforming use of a building. That situation which occurs when the use of a building or structure does not conform although the building or structure does; and

(c)

Nonconforming uses of land. That situation where the use of the land regardless of any buildings of structures does not conform; and

(d)

Conditional use without use permit. That situation where a use which is listed as a conditional use of the zone in which it is located does not have a use permit.

For the purposes of this chapter these various nonconformities shall be known as nonconforming uses.

(Ord. No. 3176, § 1(Exh. A), 1-24-95)

24-35.15 - Continued use of a legal nonconforming use.

Except as hereinafter otherwise provided, any use, building or structure, existing on the effective date of this chapter may be continued even though such use, building or structure may not conform with the regulations of the zone in which it is located. Provided, however, that such use must have been lawfully established and not in violation of any ordinance, statute or regulation in effect at the time. Furthermore, such use, structure or building must have been in existence at the time, not merely contemplated. Use permits, variances, building permits or other permits not exercised within the required time do not establish the right to a legal nonconforming use. Pursuant to law, the party asserting a right to a nonconforming use has the burden of proof to establish the lawful and continuing existence of the use at the time of the enactment of the ordinance, statute or regulation.

(Ord. No. 3176, § 1(Exh. A), 1-24-95)

24-35.20 - Change or expansion of nonconforming use.

Except as hereinafter otherwise provided, no nonconforming use shall be expanded, enlarged, extended, reconstructed, substituted, or structurally altered unless made to conform to the use standards and regulations for the zone within which it is located. Provided, however, that any nonconforming use may be changed to another nonconforming use, expanded, enlarged, extended, reconstructed, or structurally altered upon obtaining a use permit from the planning commission. When considering a use permit for a nonconforming use, the planning commission shall grant the use permit when it finds that the change, expansion, enlargement, extension, reconstruction, or structural alteration of such use will not conflict with, impair or be detrimental to the uses both permitted and conditional of the zone in which it is located and/or adjoins. This finding shall be in addition to the findings required by section 24-45.10 of the Butte County zoning ordinance. Pursuant to section 24-45.15 the planning commission may impose conditions upon the issuance of the use permit which are reasonably related to the use of the property for which the use permit is requested. In addition the planning commission may at its own discretion establish a date for either the termination of the use or review of the use permit. Whenever a nonconforming use has been changed to conform to the uses, standards and regulations of the zone in which it is located such nonconforming use shall not thereafter be changed to a nonconforming use.

(Ord. No. 3176, § 1(Exh. A), 1-24-95)

24-35.25 - Residential substitution permitted.

The substitution of a single nonconforming residential building or structure is permitted subject to a review and conditions imposed by the director of development services. Such conditions shall be limited to setbacks, yards, locations, height, and placement of the building or structure on the property. Substitution of a nonconforming mobile home shall be considered a permitted residential substitution under the terms of this chapter.

(Ord. No. 3176, § 1(Exh. A), 1-24-95)

24-35.30 - Maintenance and repairs for safety.

Nothing in this chapter shall prevent the normal, ordinary, customary maintenance of a nonconforming use provided that such maintenance does not include major structural alterations which have the effect of expanding, enlarging or extending the nonconforming use. Nothing in this chapter shall prevent any such repair, alteration or restoration to a safe condition of any portion of a nonconforming use when so directed by the Butte County public works director upon a finding that such is necessary for the protection of the public health and safety.

(Ord. No. 3176, § 1(Exh. A), 1-24-95)

24-35.35 - Construction; use permits; amendments.

(a)

Nothing in this chapter shall require any change in the plans, construction size or designated use of any land, building or structure for which building permits have been issued, in accordance with the provisions of this chapter or ordinances then in effect. Provided, however, that the actual use or construction under such permit has started prior to the effective date of this chapter and in all such cases be carried out in a normal manner until completion.

(b)

Except as provided in subsection (a) of this section and section 24-45 et seq., any rezoning or subsequent amendment of this chapter which has the effect of eliminating a particular conditional use or changing the conditions under which a particular conditional use may be allowed shall remain valid, unless specifically stated to the contrary in the amending ordinance. Subject to the limitations of section 24-45 et seq. any such use permits shall remain valid and may be used, extended, transferred or modified through amendment to the same extent that the rezoning or amendment was not adopted. No extension of a use permit shall be granted following such rezoning or amendment unless the applicant makes a satisfactory showing to the planning commission that there have been substantial expenditures made in reliance upon the continued effectiveness of the use permit within the prescribed time period and/or the inability to complete the project authorized by the use permit is due to reasons beyond the applicant's control.

(Ord. No. 3176, § 1(Exh. A), 1-24-95)

24-35.40 - Nonconforming parcels of record.

Except as otherwise provided in this chapter or where specifically merged under the provisions of section 66499.11 et seq. of the Government Code, any legally established parcel of land of record having less than the minimum width or frontage required for the zone in which it is located, maybe used for a permitted use provided that the parcel:

(a)

Meets the other area or dimensional standards and requirements for the proposed use unless changed by the planning commission with a variance; and

(b)

Meets the requirements of the Butte County health division for the provisions of water and sewage disposal.

Side yard setbacks on nonconforming lots may be reduced by five (5) foot increments until at least a fifty (50) foot wide building envelope is achieved. No side yard setback requirement is to be reduced below ten (10) feet. Rear yard setbacks on nonconforming lots may be reduced by five (5) foot increments with a minimum rear yard setback of ten (10) feet. Such modification of side yard or rear yard setbacks are to be approved in each and every case by the director of development services or designee after finding that the subject property is a legally created nonconforming lot. In making the setback determinations, the director or designee may use information pertinent to the parcel and surrounding area with comparable zoning, e.g. (1) the setback requirements of the prior zone, and (2) the average setbacks on nearby parcels of similar size, shape and within the same zoning district.

(Ord. No. 3176, § 1(Exh. A), 1-24-95; Ord. No. 3904, § 1, 3-22-2005)

24-35.45 - Abandonment of nonconforming use.

(a)

Abandonment; consequences. A nonconforming use shall be abandoned when it is voluntarily discontinued with the intent not to resume it. There shall be a presumption that a nonconforming use which has been discontinued for a period of twelve (12) consecutive months has been abandoned; however, the property owner, occupant or other part asserting the right to said use may submit evidence to rebut the presumption including evidence that the discontinuance was not voluntary. The property owner, occupant or other party asserting the right to a legal nonconforming use has the burden of proving the legal and continuing existence of the use. Once abandoned, a nonconforming use shall no longer be a legal nonconforming use entitled to the rights and privileges described in this chapter and thereafter shall be made to conform to the uses, standards and requirements of the zone in which it is located.

(b)

Determination of abandonment; appeal. The director of development services may determine whether or not a nonconforming use has been abandoned and may mail notice of such determination to the property owner using the address from the latest equalized assessment roll of the County of Butte and to the occupant at the street address of the property. The property owner or occupant may, within fifteen (15) days of the mailing of said determination, appeal the determination to the board of supervisors. If no such appeal is filed, the determination of the director of development services shall be final. If such appeal is filed, it shall be filed and heard in the same manner as appeals pursuant to section 24-45.30. There shall be no fee required for the filing of such an appeal.

(Ord. No. 3176, § 1(Exh. A), 1-24-95)

24-35.50 - Restoration of nonconforming buildings or structures.

A nonconforming building or structure which does not conform to the required side yard, rear yard, or street setback areas, which is demolished, damaged or destroyed totally or in part, may be restored to a total floor area or to the same extent as the original only upon securing a use permit pursuant to section 24-45 et seq.

(Ord. No. 3176, § 1(Exh. A), 1-24-95)

24-35.55 - Restoration of nonconforming uses.

A nonconforming use, building or structure catastrophically damaged or destroyed totally or in part, may be restored to a total floor area or to the same extent as the original without a use permit. Provided, however, that any expansion, enlargement or extension of the nonconforming use be allowed only upon securing a use permit pursuant to section 24-45 et seq. Any such restoration or reconstruction of a nonconforming use not requiring a use permit shall commence with twelve (12) months and be completed within twenty-four (24) months of the time of damage or it shall be deemed abandoned. Upon application to the planning commission an extension of time for the restoration of a nonconforming use may be granted not to exceed five (5) years in total.

(Ord. No. 3176, § 1(Exh. A), 1-24-95)

24-36—24-39 - Reserved.

Applications

24-40 - Administrative permits.

(a)

Purpose and intent. The purpose and intent of this section is to designate a category of uses that are consistent with the basic purpose of a particular zone and provide a standard set of requirements or conditions and a procedure to allow those uses subject a ministerial review. No public hearing or notice to adjacent land owners shall be required. Land uses that require an administrative permit are specified in each individual zoning district.

(b)

Administrative permits may be approved and issued by the planning manager subject to the following requirements and procedures:

(1)

Applications for administrative permits shall be submitted on an application/permit form approved by the planning manager which will contain the standard conditions of approval, a space for any other conditions necessary to insure compatibility of the use with surrounding properties and a place for the applicant's signature acknowledging agreement to comply with the terms and conditions of the use.

(2)

The application will be reviewed by the planning manager for compliance with the standard conditions and upon finding that the request complies with the conditions, the application/permit form will be approved by the planning manager and issued.

(Ord. No. 3176, § 1(Exh. A), 1-24-95)

24-41 - Minor use permits.

(a)

Purpose and intent. The section provides procedures for the preparation, filing, processing by the planning division, and the approval, approval with conditions, or denial of a discretionary permit that authorizes specific land uses on specific sites. Land uses that require a minor use permit are specified in each individual zoning district.

(b)

Application and review procedures:

(1)

Applications for a minor use permit shall be made in writing on a form prescribed by the planning manager.

(2)

Applicants shall be notified in writing of incomplete applications within thirty (30) calendar days of the mailing of said notice. Failure to so respond and complete the application, may result in the application being deemed abandoned, and no further action shall be taken upon it.

(3)

All applications for minor use permits shall be reviewed by the planning division and forwarded to other applicable county agencies or departments for review and comments. The review period shall not exceed fourteen (14) working days. Upon completion of the review period, a recommendation to either approve or disapprove the request shall be submitted to the Planning Commission for a decision on the project. The report to the Planning Commission shall include any recommended conditions of approval.

(4)

The Planning Commission shall provide public notice of the proposed project. The notice shall include a general explanation of the matter being considered, a general description of the area to be affected and the date and location of the public hearing. The notice shall be given by mail to the ten (10) closest properties to the subject parcel at least ten (10) calendar days prior to the public hearing. Said notice shall be mailed to said property owners using the address from the latest equalized assessment roll of the County of Butte. Failure to receive the notice shall not invalidate any action on the application.

(c)

Approval or disapproval. After holding the public hearing, the Planning Commission, shall make the findings and approve or deny the project. Approval of a minor use permit can be as it was applied for or in modified form and conditions may be imposed. Conditions may include, but shall not be limited to, requiring:

(1)

Special yards;

(2)

Open spaces;

(3)

Buffers;

(4)

Fences;

(5)

Walls;

(6)

Height of buildings, walls or others structures;

(7)

Installation and maintenance of landscaping;

(8)

Street dedications, medians, and improvements;

(9)

Regulations of points of vehicular ingress and egress;

(10)

Regulation of traffic circulation;

(11)

Regulation of signs;

(12)

Regulation of hours of operation and methods of operations;

(13)

Control of potential nuisances;

(14)

The prescription standards for maintenance of building and grounds;

(15)

Prescription of development schedules and development standards;

(16)

Limit the life of the permit;

(17)

Such other conditions as the Planning Commission may deem necessary to ensure compatibility of the use with surrounding developments and uses and to preserve the public health, safety, and welfare.

(d)

Findings. The approving authority shall make the following findings before granting the permit;

(1)

That the proposed location, size, design, and operating characteristics of the proposed use is in accordance with the purpose of this ordinance [article], the purpose of the zone in which the site is located, the Butte County general plan, and the development policies and standards of the county; and

(2)

That the location, size, design, and operating characteristics of the proposed use will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents, buildings, structures, or natural resources, with consideration given to:

a.

Harmony in scale, bulk, coverage, and density;

b.

The availability of public facilities, services and utilities;

c.

The harmful effect, if any, upon desirable neighborhood character;

d.

The generation of traffic and the capacity and physical character of surrounding streets;

e.

The suitability of the site for the type and intensity of use or development which is proposed;

f.

Any other relevant impact of the proposed use.

(3)

That the proposed location, size, design, and operating characteristics of the proposed use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.

(4)

That the proposed use will comply with each of the applicable provisions of the chapter, except for an approved minor variance.

(e)

Appeals. The appeal procedure for any action taken by the planning commission on a minor use permit request shall be the same as for a use permit as specified in section 24-45.30

(f)

Lapse of minor use permit. A minor use permit shall lapse and shall become void one (1) year following the date on which it was approved, unless prior to the expiration:

(1)

A building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the use permit application; or

(2)

A certificate of occupancy is issued for the structure which was the subject of the minor use permit application; or

(3)

The site is occupied in accordance with the minor use permit, if no building permit or certificate of occupancy is required; or

(4)

The use which was the subject of the minor use permit application is commenced, provided that a minor use permit for a public utility installation may be valid for a longer period if specified by the Planning Commission.

A minor use permit subject to lapse may be renewed for an additional period of up to one (1) year, provided that sixty (60) calendar days prior to the expiration date, an application for renewal of the minor use permit is filed with the planning manager on the prescribed form and accompanied by the necessary data and fees.

The approving authority may grant or deny an application for renewal of a minor use permit.

The minor use permit shall expire and the permit shall thereafter be of no further force or effect if the use, business, or service for which the minor use permit was issued terminates or ceases operation for a continuous period of time in excess of one hundred eighty (180) calendar days except for:

(1)

Destruction or damage by acts of God; or

(2)

Destruction or damage by malicious acts; or

(3)

Remodeling or rehabilitation requiring prolonged closure with prior approval of the planning manager.

(Ord. No. 3850, § 11, 4-22-03: Ord. No. 3176, § 1(Exh. A), 1-24-95)

24-42—24-44 - Reserved.

24-45 - Use permits—Form; fees.

Applications for use permits shall be made to the planning commission in writing on a form prescribed by the planning commission and shall be accompanied by plot plans sufficient to show the details of the proposed use or building. Every application shall be accompanied by the fee set by resolution of the board of supervisors to be deposited in the county general fund, no part of which shall be returned to the applicant.

(Ord. No. 3176, § 1(Exh. A), 1-24-95)

24-45.10 - Same—Criteria for granting.

The planning commission, on the basis of the evidence submitted at the hearing, may grant use permits required by the provisions of this chapter when it finds that the proposed uses of the property will not impair the integrity and character of the zone in which the land lies and that the use would not be unreasonably incompatible with, or injurious to, surrounding properties or detrimental to the health and general welfare of the persons residing or working in the neighborhood or to the general health, welfare and safety of the county. Evidence offered at the hearing hereunder shall be received, held and disposed of in the manner set forth in section 24-25.25(b) herein.

(Ord. No. 3176, § 1(Exh. A), 1-24-95)

24-45.15 - Same—Conditions.

The planning commission may condition a use permit to prohibit the building, structure or land use to be occupied until an inspection has been made and it is found that the building, structure or land use complies with all conditions which the planning commission has specifically required to be completed prior to occupancy. If a use permit is so conditioned, the director of planning shall notify the director of public works of such conditions. The director of public works or the building inspector, upon notification from the permit holder or his agent, shall make an inspection and shall either approve the use and occupancy or shall notify the permit holder or his agent wherein the building, structure or land use fails to comply with the conditions imposed by the planning commission. If a building permit is issued for a building or structure which is subject to a use permit so conditioned, the director of public works shall not approve a final inspection of such building or structure until the conditions have been met; provided, however, that responsibility for use permit compliance shall remain with the director of development services.

(Ord. No. 3176, § 1(Exh. A), 1-24-95)

24-45.20 - Same-Planning commission to hear and decide applications.

The planning commission shall hear and decide all applications for use permits required by this chapter. In approving a use permit, the planning commission may include such conditions as the commission deems reasonable and necessary under the circumstances to preserve the integrity and character of the zone and to secure the general purposes of this chapter and the general plan and to mitigate any environmental or potential environmental impacts the use might have. Such conditions may include, but are not limited to, time limitations and development plan approval, street dedication, and street and drainage improvements. Nothing in this section shall be construed to limit the discretion of the authority of the planning commission to require conditions. Conditions imposed upon issuance of a use permit must be reasonably related to the use of the property for which the permit is requested.

(Ord. No. 3176, § 1(Exh. A), 1-24-95)

24-45.25 - Same—Hearing.

Upon the filing of a sufficient and proper application and payment of the fees provided for in Section 24-45 herein, the planning commission shall fix a time and place for a public hearing. A notice of hearing on the application for a use permit shall be both published in a newspaper of general circulation in accordance with Government Code Section 65090 and be mailed pursuant to Government Code sections 65905 and 65901 to the owners of all property within three hundred (300) feet from the exterior boundaries of all property upon which an application for proposed use has been made. Said notice shall be mailed to said property owners at their last-known addresses using the address from the latest equalized assessment roll of the County of Butte, except that in no case shall less than ten (10) separate and individual property owners closest to the area being considered be notified. Said notice shall indicate the time, date and place of the hearing and the location of the subject property. Failure of any property owner to receive such a notice shall not affect in any manner the action taken by the Planning Commission or the Board of Supervisors.

(Ord. No. 3176, § 1(Exh. A), 1-24-95; Ord. No. 4035, § 3, 10-11-2011)

24-45.30 - Same—Right of appeal upon denial; procedure.

The determination of the planning commission shall be final unless a written appeal is filed with the clerk of the board of supervisors by 5:00 p.m. on the tenth calendar day following the date of the determination; provided, that if said tenth day falls on a weekend or legal holiday, the appeal may be filed by 5:00 p.m. on the next day which the office of the clerk is open for business. The clerk shall immediately forward a copy of said appeal to 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 act on said appeal. Within ten (10) days of the date of filing of an appeal, the board of supervisors shall set a date for a hearing. Said hearing shall be advertised and noticed pursuant to section 24-45.25. The board of supervisors shall decide such appeals making the findings required in section 24-45.10 above. The board of supervisors' hearing shall be conducted de novo provided that all applications, papers, maps, exhibits and staff recommendations made or presented to the planning commission may be considered by the board of supervisors. The decision of the board of supervisors shall be final and not subject to review except by a court of competent jurisdiction.

(Ord. No. 3176, § 1(Exh. A), 1-24-95)

24-45.35 - Same—Time limits.

If any use for which a permit has been granted is not established within two (2) years of the date of receipt of the permit by the permittee, the permit shall become null and void and reapplication pursuant to section 24-45 et seq. shall be required to establish the use previously granted under the expired permit unless, thirty (30) days prior to the expiration date, a request for a one-year extension is submitted to the planning commission together with sufficient evidence that time limits for processing development permits under federal or state regulations require time limits which exceed one (1) year.

(Ord. No. 3176, § 1(Exh. A), 1-24-95)

24-45.40 - Same—Extension of time limits.

Upon application, and for good cause shown by the permittee, at a public hearing noticed pursuant to section 24-45.25 above, the planning commission may extend any time limitations previously made a part of any condition to a use permit. If construction has commenced on the project, and the applicant has made progress toward compliance with the conditions of the use permit, an automatic one-year extension of time shall be granted when a request is submitted to the planning division, and the status of the use permit verified by that division. Unless otherwise provided for in a condition to a use permit pursuant to sections 24-45.15 and 24-45.20 herein, all conditions must be completed by the permittee within twenty-four (24) months of the delivery of the permit to the permittee.

(Ord. No. 3176, § 1(Exh. A), 1-24-95)

24-45.45 - Same—Modification.

Any permittee may apply for a modification of his permit by complying with the application provisions of section 24-45 herein. Upon the filing of a sufficient application and payment of the required filing fee, the planning commission shall fix a time and place for a public hearing.

(Ord. No. 3176, § 1(Exh. A), 1-24-95)

24-45.50 - Same—Modification appeal.

Pursuant to section 24-45.45 above, the planning commission at the hearing may modify the permittee's use permit by changing, deleting or adding conditions to the permittee's existing permit. Any such modification shall be subject to appeal as provided in section 24-45.30 above.

(Ord. No. 3176, § 1(Exh. A), 1-24-95)

24-45.55 - The director of development services may extend permit signing period.

The use permit shall be deemed granted when the appeal period pursuant to section 24-45.30 has lapsed and the permit signed by the applicant, with the countersignature of the planning commission, is received by the permittee by certified mail. The applicant must sign the use permit within thirty (30) days of expiration of the appeal period. Extension of the thirty-day time period is appealable to the director of development services upon showing reasonable causes. Any use permits previously approved that are not signed within thirty (30) days of the effective date of this ordinance shall be deemed invalid.

(Ord. No. 3176, § 1(Exh. A), 1-24-95)

24-45.60 - Use permits; cessation of use.

A use permit may be deemed revoked by the planning manager if the use for which the permit was granted has ceased or has been suspended for a period of twelve (12) consecutive months.

(Ord. No. 3176, § 1(Exh. A), 1-24-95)

24-45.65 - Violation of terms of use permit.

(a)

It shall be unlawful to establish, continue or maintain any use for which a use permit is required pursuant to the provisions of this chapter, unless and until a use permit therefor is obtained and in effect.

(b)

It shall be unlawful to violate any of the terms or conditions of a use permit.

(c)

Violations may be charged as either an infraction or misdemeanor.

(d)

Whenever any alleged violation of the terms of a use permit is brought to the attention of the director of development services, he or she shall, after determining that a violation does exist, give the permittee a written notice to comply within thirty (30) days. Said notice shall be sent by registered mail, return receipt requested, and the thirty-day period shall commence with the date of mailing notice. If the permittee does not comply within the thirty-day period, the director of development services shall place the question of the revocation of the use permit on the agenda of the next regular planning commission meeting.

(e)

Any use permit may be revoked if any of the terms or conditions of such permit are violated or if any acts or omissions of the permittee in connection with the use authorized by said permittee constitute a public nuisance. The planning commission shall set a date for hearing to be held before it on any proposed revocation. Notice of said hearing shall be advertised and noticed pursuant to Government Code section 65905, and notice of said hearing shall be given to the permittee by registered mail. Notice of the time and place of said hearing shall be sent to the permittee by registered mail, return receipt requested, at least ten (10) days prior to said hearing. The planning commission may continue the hearing from time to time. Based upon the evidence presented at the hearing, the planning commission may revoke or modify the use permit.

(f)

The decision of the planning commission may be appealed as provided in section 24-45.30 above.

(g)

If the final decision of the planning commission or board of supervisors, as applicable, is to revoke the use permit pursuant to this section and the use continues even though the use permit has been revoked, the director of development services shall report such facts to the board of supervisors and to the office of the district attorney and county counsel for appropriate action. Evidence necessary to litigate the violation shall be submitted by the director of development services to the district attorney and county counsel in a form and with a content approved by them.

(Ord. No. 3176, § 1(Exh. A), 1-24-95)

24-46—24-49 - Reserved.

24-50 - Application for variance.

Application for a variance shall be made to the planning division in writing on a form prescribed by the planning commission. Such application shall be accompanied by a fee set by resolution of the board of supervisors to be deposited in the county general fund, no part of which shall be returnable to the applicant.

(Ord. No. 3176, § 1(Exh. A), 1-24-95)

24-50.10 - Standards and conditions for grant of variance.

Variances from the terms of this chapter shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this chapter deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.

Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated. Any such condition imposed upon issuance of a variance must be reasonably related to the use of the property for which the variance is requested.

A variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property.

(Ord. No. 3176, § 1(Exh. A), 1-24-95)

24-50.15 - Notice of hearing.

(a)

The planning commission shall hold at least one (1) hearing on the application, said hearing to be noticed as provided in section 24-45.25 herein.

(b)

Evidence offered at the hearing hereunder shall be received, held, and disposed of in the manner set forth in section 24-25.25(b) herein.

(Ord. No. 3176, § 1(Exh. A), 1-24-95)

24-50.20 - Variances; appeal.

The appeal procedure for any action taken by the planning commission on a variance request shall be the same as for a use permit as specified in section 24-45.30.

(Ord. No. 3176, § 1(Exh. A), 1-24-95)

24-51 - Reserved.

24-52 - Minor variances.

(a)

Purpose and intent. The section provides procedures for the preparation, filing, processing by the planning division, and the approval or disapproval of a discretionary permit that authorizes specific minor variances to zoning standards on specific sites.

(b)

Application and review procedures:

(1)

Applications for a minor variance shall be made in writing on a form prescribed by the planning manager.

(2)

Applicants shall be notified in writing of incomplete applications within thirty (30) calendar days of the mailing of said notice. Failure to so respond and complete the application may result in the application being deemed abandoned, and no further action shall be taken upon it.

(3)

All applications for minor variances shall be reviewed by the planning division and forwarded to other applicable county agencies or departments for review and comments. The review period shall not exceed fourteen (14) working days. Upon completion of the review period, a recommendation to either approve or disapprove the request shall be submitted to the Planning Commission for a decision on the project. The report to the Planning Commission shall include any recommended conditions of approval.

(4)

The Planning Commission shall provide public notice of the proposed project. The notice shall include a general explanation of the matter being considered, a general description of the area to be affected and the date and location of the public hearing. The notice shall be given by mail to the ten (10) closest properties to the subject parcel at least ten (10) calendar days prior to the public hearing. Said notice shall be mailed to said property owners using the address from the latest equalized assessment roll of the County of Butte. Failure to receive the notice shall not invalidate any action on the application.

(c)

Approval or disapproval. After holding the public hearing, the Planning Commission, shall make the findings and approve or deny the project. Approval of a minor variance can be as it was applied for or in modified form and conditions may be imposed. Minor variances for signs may be conditioned to expire with the change of copy for the use, be reviewed on a periodic basis or be required to conform upon change of ownership, and/or shall automatically expire upon any designated period of time.

(d)

Findings. The approving authority shall make the following findings before granting the permit:

Minor variances from the terms of this chapter shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this chapter deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. Any variance or adjustment granted shall be subject to conditions to assure that the deviation thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated.

(e)

Limitations. The power to grant a minor variance does not extend to use regulations. Flexibility to the use regulations is provided in the conditional use and minor use provisions of this chapter.

The Planning Commission may grant a minor variance, at a maximum reduction of twenty (20) percent of the prescribed requirements of this chapter with respect to fences, walls, hedges, screening, or landscaping; width, or depth; front, rear, or side yards, coverage; height of structures; usable open space, or frontage on a public street or other standard, as the minor variance was applied for or in modified form, if, on the basis of the application and the evidence submitted. the approving authority makes findings of fact that establish that the circumstances prescribed in paragraphs (1) through (6) below do apply:

(1)

That there are special circumstances applicable to the property, (size, shape, topography, location or surroundings) or the intended use of the property and because of this, the strict application of zoning standards code deprives the property of privileges enjoyed by other properties in the vicinity under identical zoning classification.

(2)

That granting the minor variance or its modification is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone and denied to the property for which the minor variance is sought.

(3)

That granting the minor variance or its modification will not be materially detrimental to the public health, safety or welfare, or injurious to the property or improvements in such vicinity and zone in which the property is located.

(4)

The granting of this minor variance does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated.

(5)

The granting of this minor variance does not allow a use or activity which is prohibited by the zoning regulation governing the parcel of property.

(6)

That granting the minor variance or its modification will not be incompatible with the Butte County general plan.

(f)

Appeals. The appeal procedure for any action taken by the planning commission on a minor variance request shall be the same as for a use permit as specified in section 24-45.30

(g)

Lapse of minor variance. A minor variance shall lapse and shall become void one (1) year following the date on which the minor variance became effective, unless prior to the expiration of one (1) year:

(1)

A building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the minor variance application; or

(2)

A certificate of occupancy is issued for the structure which was the subject of the minor variance application; or

(3)

The site is occupied in accordance with the minor variance, if no building permit or certificate of occupancy is required.

A minor variance may be renewed for an additional period of up to one (1) year, provided that sixty (60) calendar days prior to the expiration date, an application for renewal of the variance is filed with the planning manager on the prescribed form and accompanied by the necessary data and fees. The approving authority may grant or deny an application for renewal of a minor variance.

(Ord. No. 3850, § 12, 4-22-03: Ord. No. 3176, § 1(Exh. A), 1-24-95)

24-53, 24-54 - Reserved.

24-55 - Reapplication.

Whenever an application for change of zoning, use permit, variance or an expansion of a nonconforming use is declined in the legislative process as set out in this chapter of the Butte County Code, no new application for rezoning, use permit variance or expansion of nonconforming use pertaining to part or all of the property affected by said initial application may be filed for one (1) year from the date of the final decision thereon; provided, however, that a new application may be filed where the applicant shows at a public hearing, as provided herein, that there has been a change of circumstances that occurred after the final decision on the previous application or that the project was denied without prejudice. A special public hearing shall be held on the question of change of circumstances, which special hearing shall be set, noticed and heard in the same manner as for a hearing for change of zoning as set forth in section 24-45.25 of this Code.

(a)

Application. The application for said special hearing must be accompanied by the fee set by resolution of the board of supervisors to be deposited in the general fund of the County of Butte, no part of which shall be returnable to the applicant.

(b)

Decision and appeal. The decision of the planning commission on the issue of change of circumstances shall be final except that any interested person may appeal the decision to the board of supervisors, provided that a written notice of appeal is filed with the clerk of the board of supervisors and accompanied by the fee set by resolution of the board of supervisors within five (5) days of the decision of the planning commission.

(Ord. No. 3116, § 1(Exh. A), 1-24-95)

24-56—24-59 - Reserved.

24-60 - Environmental impact.

Requirement for findings. Notwithstanding any other provision of this Code or any ordinance, all discretionary decisions by the board of supervisors and planning commission require findings prescribed in the California Environmental Quality Act and ordinances adopted pursuant thereto, in addition to all other requirements.

(Ord. No. 3176, § 1(Exh. A), 1-24-95)

24-61—24-64 - Reserved.