Butte County Municipal Code Div. 5 Conditional Use and Minor Use Permits

This article identifies the process for obtaining a Conditional Use or Minor Use Permit. A Conditional Use or Minor Use Permit is required for uses that are generally appropriate within a zone but potentially undesirable on a particular parcel or in large numbers. A Conditional Use or Minor Use Permit is a discretionary action that enables the County to ensure that a proposed use is consistent with all General Plan goals and policies and will not create negative impacts to adjacent properties or the general public. See Figure 24-217-1 (Typical Process for Conditional Use Permit Approval), and Figure 24-217-2 (Typical Process for Minor Use Permit Approval).

FIGURE 24-217-1 TYPICAL PROCESS FOR CONDITIONAL USE PERMIT APPROVAL

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FIGURE 24-217-2 TYPICAL PROCESS FOR MINOR USE PERMIT APPROVAL

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(Ord. No. 4062, § 1, 9-10-13)

Uses that require a Conditional Use or Minor Use Permit are specified in the land use regulation tables for each zone found in Article II (Zoning Districts, Land Uses, and Development Standards).

(Ord. No. 4062, § 1, 9-10-13)

A. Conditional Use Permits. The Planning Commission shall take action on all Conditional Use Permit applications.

B. Minor Use Permits.

1. The Zoning Administrator shall take action on all Minor Use Permit applications.

2. The Zoning Administrator may choose to refer any Minor Use Permit application to the Planning Commission for review and final decision.

(Ord. No. 4062, § 1, 9-10-13)

An application for a Conditional Use or Minor Use Permit shall be filed and reviewed in compliance with Article V, Division 1 (Permit Application and Review). The application shall include the information and materials specified in the Department of Development Services handout for Conditional Use and Minor Use Permit applications, together with all required application fees. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 24-222 (Findings).

(Ord. No. 4062, § 1, 9-10-13)

Public notice and hearing for a Conditional Use or Minor Use Permit application shall be provided in full compliance with Article VI, Division 2 (Public Notice and Hearings).

(Ord. No. 4062, § 1, 9-10-13)

The review and decision-making authority may approve an application for a Conditional Use or Minor Use Permit only if the proposed project complies with applicable standards in the Zoning Ordinance, other County ordinances, the General Plan, any other applicable community or specific plan, and the County Improvement Standards, and as supported by all of the following findings:

A. The proposed use is allowed in the applicable zone or meets the criteria for the reconstruction or intensification of a nonconforming use per Article III, Division 12 (Nonconforming Uses and Structures).

B. The location, size, design, and operating characteristics of the proposed use will be compatible with the existing and future land uses in the vicinity of the subject property.

C. The proposed use will not be detrimental to the public health, safety, and welfare of the County.

D. The proposed use is properly located within the County and adequately served by existing or planned services and infrastructure.

E. The size, shape, and other physical characteristics of the subject property are adequate to ensure compatibility of the proposed use with the existing and future land uses in the vicinity of the subject property.

(Ord. No. 4062, § 1, 9-10-13)

A. The review authority may attach conditions to the approval of a Conditional Use or Minor Use Permit as needed to ensure compliance with the Zoning Ordinance, other County ordinances, the General Plan, any other applicable community or specific plan, and the County Improvement Standards.

(Ord. No. 4062, § 1, 9-10-13)

The procedures and requirements relating to Appeals (Article VI, Division 3), effective dates, permit expiration, permit revocation, and changed plans shall apply to Conditional Use and Minor Use Permits as provided in Article V, Division 8 (Post-Decision Procedures). The procedures and requirements relating to notices of decision shall apply to Conditional Use and Minor Use Permits as provided in Article VI, Division 2 (Public Notice and Hearings).

(Ord. No. 4062, § 1, 9-10-13)

The Code Enforcement Officer may inspect any property subject to a Conditional Use or Minor Use Permit on an annual basis to verify compliance with applicable standards and conditions of approval. The County shall be reimbursed by the property owner or operator, as established by the Butte County Master Fee Schedule. Any code enforcement proceedings resulting from this inspection shall be conducted in compliance with Chapter 41 (Code Enforcement Policies and Procedures) and Chapter 32A (Property Maintenance and Abatement of Nuisances) and all other applicable sections of the Butte County Code.

(Ord. No. 4062, § 1, 9-10-13)