Butte County Municipal Code Div. 4 Zoning Ordinance Amendments

This article establishes procedures for amending the Zoning Ordinance.

(Ord. No. 4062, § 1, 9-10-13)

A. Zoning Map. A request for an amendment to the Zoning Map may be initiated by:

1. The Board of Supervisors;

2. The Planning Commission;

3. The Zoning Administrator; or

4. The owner of the property for which the amendment is sought. For properties under multiple ownership, the application may be initiated only with the approval of owners representing sixty (60) percent or more of the area to be rezoned.

B. Timber Production Zone. The procedure to establish or amend the Timber Production (TPZ) zone shall be as established by the California Timberland Productivity Act of 1982 (Section 51100 et seq. of the Government Code).

C. Agriculture Lands. The rezoning of land zoned Agriculture (A) or Agriculture Services (AS) shall comply with the requirements specified in Section 24-14(E) and (F).

D. Zoning Ordinance Text Amendment. A request for an amendment to the text of the Zoning Ordinance may be initiated by:

1. The Board of Supervisors;

2. The Planning Commission;

3. The Zoning Administrator; or

4. Any resident, property owner, or business owner in the county.

(Ord. No. 4062, § 1, 9-10-13)

A. General. An application for a Zoning Ordinance Amendment 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 Zoning Ordinance Amendment applications, together with all required application fees. For amendments submitted by a resident, property owner, or business owner, it is the responsibility of the applicant to provide evidence in support of the findings required by Section 24-275 (Findings and Decision).

B. Map Amendments for Properties Under Multiple Ownership. A Zoning Ordinance Map Amendment application for properties under multiple ownership shall be signed by owners representing sixty (60) percent or more of the area to be rezoned. The application may be withdrawn upon the written application of a majority of all the persons who signed such petition at any time prior to the hearing on the proposed amendment before the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.

C. Referral to Municipalities. Department of Development Services staff shall refer all Zoning Ordinance Map Amendments that affect a municipality's General Plan Planning Area to that municipality for review and comment prior to a public hearing on the proposed amendment.

(Ord. No. 4062, § 1, 9-10-13)

A. General. The Planning Commission shall conduct a public hearing on a proposed Zoning Ordinance Amendment in compliance with Article VI, Division 2 (Public Notice and Hearings).

B. Zoning Ordinance Text Amendments. The Planning Commission shall forward a written recommendation, and reasons for the recommendation, to the Board of Supervisors concerning the proposed amendment, based on the findings identified in Section 24-275 (Findings and Decision). The recommendation shall be transmitted to the Board of Supervisors within ninety (90) days after the date the hearing was closed to the public.

C. Zoning Ordinance Map Amendment. The Planning Commission shall forward a written recommendation, and reasons for the recommendation, to the Board of Supervisors concerning the proposed amendment based on the findings identified in Section 24-275 (Findings and Decision). For a Zoning Map Amendment, if the action of the Planning Commission is to recommend denial, the Board of Supervisors is not required to take further action on the proposed amendment unless an interested party requests a hearing in writing with the Clerk of the Board of Supervisors within five (5) days after the Planning Commission recommendation is filed with the Board of Supervisors.

(Ord. No. 4062, § 1, 9-10-13)

A. Approval or Denial.

1. Upon receipt of the Planning Commission's recommendation on the proposed Zoning Ordinance Amendment, the Board of Supervisors shall conduct a public hearing in compliance with Article VI, Division 2 (Public Notice and Hearings), unless it chooses not to hear a Zoning Map Amendment on which the Planning Commission has recommended denial.

2. The Board of Supervisors shall take action on the application based on the findings identified in Section 24-275 (Findings and Decision).

3. The action by the Board of Supervisors shall be by a majority vote of the entire Board and shall be final and conclusive.

B. Referral to Commission.

1. If the Board of Supervisors proposes to adopt a substantial modification to the Zoning Ordinance Amendment not previously considered by the Planning Commission, the proposed modification shall be first referred to the Planning Commission for its recommendation.

2. Failure of the Planning Commission to report back to the Board of Supervisors within forty (40) days following the referral or such other time set by the Board shall be deemed approval by the Planning Commission of the proposed modification.

C. Adoption by Ordinance. If the Board of Supervisors approves a Zoning Ordinance Amendment, it shall do so by adoption of an ordinance specifying the findings identified in Section 24-275 (Findings and Decision). The effective date of the Zoning Ordinance Amendment shall be the effective date of the ordinance approving the Zoning Ordinance Amendment.

(Ord. No. 4062, § 1, 9-10-13)

The Board of Supervisors may approve a Zoning Ordinance Amendment only if all of the following findings are first made:

A. Findings for all Zoning Ordinance and Zoning Map Amendments.

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, health, safety, or welfare of the county.

B. Additional Finding for Zoning Ordinance Text Amendments.

1. The proposed amendment is internally consistent with other applicable provisions of the Zoning Ordinance.

C. Additional Finding for Zoning Map Amendments.

1. The affected site is physically suitable in terms of design, location, shape, size, and other characteristics to ensure that the proposed uses and development will not endanger, jeopardize, or otherwise constitute a hazard to the property, surrounding properties, and the community at large.

(Ord. No. 4062, § 1, 9-10-13; Ord. No. 4261, § 3, 3-25-25)

A Zoning Ordinance Amendment becomes effective on the 31 st day following the adoption of an ordinance by the Board of Supervisors.

(Ord. No. 4062, § 1, 9-10-13)