Butte County Municipal Code Div. 2 Interpretation of the Zoning Ordinance

This division establishes rules and procedures for interpreting the Zoning Ordinance to ensure the consistent application and enforcement of the ordinance.

(Ord. No. 4062, § 1, 9-10-13)

The Zoning Administrator is delegated the responsibility and authority to interpret the meaning and applicability of all provisions in the Zoning Ordinance by the Board of Supervisors.

(Ord. No. 4062, § 1, 9-10-13)

A. General Rules. The following general rules apply to the interpretation and application of the Zoning Ordinance.

1. The specific controls over the general.

2. Where there is a conflict between text and any figure, illustration, graphic, heading, map, table, or caption, the text governs.

3. The words "shall," "will," "is to," and "are to" are mandatory. "Should" means a regulation that is not mandatory, but must be either fulfilled or the applicant must demonstrate an alternative that fulfills the intent of the regulation. "May" is permissive.

4. The following conjunctions are interpreted as follows:

a. "And" means that all items or provisions so connected apply.

b. "Or" means that all items or provisions so connected apply singularly or in any combination.

c. "Either... or" means that one (1) of the items or provisions so connected apply singularly, but not in combination.

5. All officials, bodies, agencies, ordinances, policies, and regulations referred to in the Zoning Ordinance are those of Butte County unless otherwise noted.

B. Calendar Days. Numbers of days specified in the Zoning Ordinance are construed as continuous calendar days. Where the last of a number of days falls on a holiday or weekend, time limits specified in the Zoning Ordinance are extended to the following working day.

C. Unlisted Land Uses. If a proposed land use is not specifically listed in the Zoning Ordinance, the use is not permitted except as follows:

1. The Zoning Administrator may determine that an unlisted proposed use is equivalent to a listed permitted or conditionally permitted use and is permitted in the same manner as the equivalent listed use if all of the following findings can be made:

a. The use is no greater in density or intensity than other uses in the applicable zone.

b. The use is compatible with permitted or conditionally permitted uses in the applicable zone.

c. The use will meet the purpose of the applicable zone.

d. The use is consistent with the goals and policies of the General Plan.

e. The use will not be detrimental to the public health, safety, or welfare.

2. When the Zoning Administrator determines that a proposed use is equivalent to a listed permitted or conditionally permitted use, the proposed use shall be treated in the same manner as the listed use with respect to development standards, permits required, and all applicable requirements of the Zoning Ordinance.

3. Determinations shall be made and recorded in a manner consistent with Section 24-9 (Procedures for interpretation).

D. Zoning Map Boundaries. If there is uncertainty about the location of any zone boundary or other line of the Zoning Map as determined by the Zoning Administrator, the following rules apply:

1. Zone boundaries shown as approximately following the property line of a parcel shall be construed to follow the property line.

2. Zone boundaries shown as following roads or other rights-of-way, or natural features such as creeks shall be construed to follow the centerline of the roads, rights-of-way, or creeks.

E. Parcels Containing Two (2) or More Zones.

1. For parcels containing two (2) or more zones ("split zoning"), the location of the zone boundary shall be determined by the Zoning Administrator.

2. For parcels containing two (2) or more zones ("split zoning"), the applicable regulations for each zone shall apply.

3. When a zone boundary interferes with existing structures or setbacks, the Zoning Administrator may approve a minor adjustment of the boundary on the Zoning Map.

F. Purpose Statements. The Purpose statements in Article II (Zoning Districts, Land Uses, and Development Standards) provide a brief statement concerning each zoning district. The purpose statement summarizes the intentions of each zone contained within the Zoning Ordinance. The purpose statement does not list all permitted uses, conditionally permitted uses, or uses listed as not allowed uses (see Use Regulation Tables for a listing of all permitted, conditionally permitted or unpermitted uses for each zone).

G. Use Regulation Tables. Use regulation tables in Article II (Zoning Districts, Land Uses, and Development Standards) establish permitted land uses within each zone. Within each use regulation table, uses are categorized as agricultural; natural resource; residential; community; commercial; industrial; and transportation, communication and utility uses. All uses are defined in Article VII, Division 1 (Glossary). Notations within these tables shall have the following meanings:

1. Permitted Uses. A "P" means that a use is permitted by right in the respective zone and is not subject to discretionary review and approval.

2. Administratively Permitted Uses. An "A" means that a use requires approval through an Administrative Permit.

3. Conditionally Permitted Uses. A "C" means that a use requires approval of a Conditional Use Permit. An "M" means that a use requires approval of a Minor Use Permit.

4. Uses Not Allowed. A "-" in a cell means that a use is not allowed in the respective zone.

5. Applicable Regulations. Standards in the Zoning Ordinance that apply to specific uses are identified in the column entitled "applicable regulations." Standards referenced in the applicable regulations column apply in all zones unless otherwise expressly stated. These standards are identified because they are specifically related to the stated use. However, other sections of the Zoning Ordinance may apply, and it should not be interpreted that they are not applicable because they are not listed under the "applicable regulations" column.

6. Other Regulations. Other regulations specific to each zone are listed below each zone's column (e.g., Article IV, Division 2 (Telecommunication Facilities) and Section 24-156 (Accessory Uses and Structures).

H. Aliquot Divisions of an Irregular Section of Land. Land divisions within the county approved consistent with the requirements of the State Subdivision Map Act and Chapter 20 (Subdivision) of this Code, shall have a minimum parcel size as indicated by the zoning district pursuant to Section 24-11, Zones and Zoning Map (e.g., AG-160, AG-80, AG-40, AG-20, RR-10, RR-5, FR-40, FR-20, FR-10, FR-5, TM, TPZ, RC, etc.). However, for the purpose of complying with the minimum parcel size as required by the zoning district, surveyed sections of land as established under the Public Land Survey System containing less than six hundred forty (640) acres shall be deemed to be equivalent to a full six hundred forty (640) acre section of land provided the deviation is less than ten (10) percent, and be interpreted by the Zoning Ordinance as follows:

1. The applicant shall provide adequate proof that the section of land in question is irregular and contains less than six hundred forty (640) acres as a total amount, in acres, of the section.

2. Existing parcels resulting from land divisions described by aliquot parts of a section of land that has been determined to be irregular and having less than a standard six hundred forty (640) acre section of land, of one-quarter (¼) (~one hundred sixty (160) acres), one-eighth (⅛) (~eighty (80) acres), one-sixteenth ( 1/16 ) (~forty (40) acres), one-thirty-second ( 1/32 ) (~twenty (20) acres), one-sixty-fourth ( 1/64 ) (~ten (10) acres), or one-one-hundred twenty-eighth ( 1/128 ) (~five (5) acres) of said section of land, shall be deemed to be equivalent to the aliquot parts of a standard six hundred forty (640) acre section of land.

3. A proposed land division of a parcel created and described by aliquot part of a section of land, where said section of land that has been determined to be irregular and having less than a standard six hundred forty (640) acre section of land, into aliquot parts of one-quarter (¼) (~one hundred sixty (160) acres), one-eighth (⅛) (~eighty (80) acres), one-sixteenth ( 1/16 ) (~forty (40) acres), one-thirty-second ( 1/32 ) (~twenty (20) acres), one-sixty-fourth ( 1/64 ) (~ten(10) acres), or one-one-hundred twenty-eighth ( 1/128 ) (~five (5) acres) of said section of land, shall be deemed to be equivalent to the aliquot parts of a standard six hundred forty (640) acre section of land. Legal descriptions of resultant parcels are not limited to aliquot part descriptions but in no case shall the land division allow greater density than what is allowed through the aliquot division of the section. Each of the resultant parcels shall be of equal size.

(Ord. No. 4062, § 1, 9-10-13; Ord. No. 4091, § 1, 1-27-15)

A. Request for Interpretation. The Zoning Administrator shall respond in writing to written requests for interpretation of the Zoning Ordinance if, in the opinion of the Zoning Administrator, the requested interpretation would substantially clarify an ambiguity which interferes with the effective administration of the Zoning Ordinance. When the Zoning Administrator makes such a determination, the following procedures shall apply:

1. The request shall be in writing and shall state which provision is to be interpreted.

2. The petitioner of the request shall provide any information that the Zoning Administrator requires to assist in its review.

3. The Zoning Administrator shall respond to an interpretation request within thirty (30) days of receiving the request.

B. Form and Content of Interpretation. Official interpretations prepared by the Zoning Administrator shall be in writing, and shall quote the provisions of the regulations that are being interpreted. The interpretation shall describe the circumstance that caused the need for the interpretation.

C. Official Record of Interpretations. An official record of interpretations shall be kept and updated regularly by the Department of Development Services. The record of interpretations shall be indexed by the number of the section that is the subject of the interpretation and made available for public inspection during normal business hours.

D. Zoning Administrator Referral to Planning Commission. The Zoning Administrator may refer any request for interpretation of the Zoning Ordinance to the Planning Commission for review and interpretation (see Section 24-266 (Appeal Subjects and Jurisdiction)).

E. Appeals. Any official interpretation prepared by the Zoning Administrator may be appealed to the Planning Commission. The Planning Commission's interpretation may be appealed to the Board of Supervisors (see Table 24-189-1 (Review and Decision Making Authority)).

(Ord. No. 4062, § 1, 9-10-13)