Butte County Municipal Code Div. 7 Lot Line Adjustments

This section establishes the requirements of the Zoning Ordinance regarding Lot Line Adjustments.

(Ord. No. 4062, § 1, 9-10-13)

Lot Line Adjustments are applied for and processed in accordance with Section 20-95-1 of the Butte County Code. This section is intended to provide regulations for lot line adjustments pursuant to the Zoning Ordinance; it is not intended to replace the requirements for lot line adjustments set forth under Section 20-95-1 of the Butte County Code. Except as provided for under Sections 24-301 (Exceptions for Minimum Setbacks) and Section 24-302 (Exceptions for Minimum Parcel Size), parcels subject to a lot line adjustment are required to meet all standards set forth under the Zoning Ordinance.

(Ord. No. 4062, § 1, 9-10-13)

A. Exceptions. Exceptions to setback requirements may be approved by the Zoning Administrator when no other alternative to comply with a setback exists. Setbacks shall only be reviewed for the lot line being modified.

B. Findings. In approving an exception to a setback the Zoning Administrator shall make the following findings:

1. Documentation and analysis that there is no logical alternative to comply with the setback.

2. The adjusted line shall conform as much as possible to the required setback and all other provisions set-forth under this chapter.

3. A review of the lot line adjustment application by the Department of Public Works and the Environmental Health Division of the Public Health Department has taken place in accordance with Section 20-95.1, providing approval or conditional approval of the lot line adjustment.

4. The exception granted pursuant to this article would not conflict with a recorded parcel map or subdivision map condition, note, or Williamson Act Contract.

5. Exceptions shall not be granted when a parcel being reduced in size below the minimum parcel size imposed by the zone allows the parcel receiving additional land to be subdivided.

6. The parcel subject to the exception has not received a prior exception. Only one (1) exception shall be granted per parcel.

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

A. Parcels. Any existing parcel(s) that is smaller than the minimum parcel size of the base zone or overlay zone, or would become smaller than the minimum parcel size of the base zone or overlay zone under a proposed lot line adjustment, may be approved by the Zoning Administrator under one (1) or more of the following three (3) exceptions:

1. The lot line adjustment would reduce parcel(s) size by no more than ten (10) percent or ten (10) acres, whichever is less.

2. The lot line adjustment would reduce parcel(s) size to a degree that is consistent with an average size of parcels in the immediate vicinity that are located within the same zoning district.

3. The lot line adjustment would improve health or safety conditions; or improve the design of the existing affected lots without altering the existing land uses thereon.

B. Findings. In approving an exception to the Minimum Parcel size the Zoning Administrator shall make the following findings:

1. Documentation and analysis that one (1) or more of the three (3) allowed exceptions applies.

2. The adjusted lot line complies with applicable setbacks, design standards, and other provisions set-forth under the applicable zone.

3. A review of the lot line adjustment application by the Department of Public Works and the Environmental Health Division of the Public Health Department has taken place in accordance with Chapter 20-95-1, providing approval or conditional approval of the lot line adjustment.

4. The exception granted pursuant to this article would not conflict with a recorded parcel map or subdivision map condition, note, or Williamson Act contract.

(Ord. No. 4062, § 1, 9-10-13)