Butte County Municipal Code § 24-1 Title

This chapter shall be known and officially cited as the "Zoning Ordinance of Butte County, California" and referred to in this chapter as "the Zoning Ordinance."

(Ord. No. 4062, § 1, 9-10-13)

A. General. The Zoning Ordinance is adopted to implement the Butte County General Plan and to protect and promote the health, safety, and welfare of Butte County residents.

B. Specific. The Zoning Ordinance is intended to:

1. Preserve, protect, and enhance the fundamentally rural character of Butte County.

2. Protect agricultural lands and associated industries as an important aspect of Butte County's economy.

3. Protect sensitive environmental resources, including conservation areas, habitat for special-status species, and wetlands.

4. Protect the county's water resources.

5. Promote an environmentally sustainable pattern of development.

6. Promote economic growth and the creation of jobs for Butte County residents.

7. Allow for residential, commercial, and industrial growth in a manner consistent with Butte County's rural character.

8. Preserve the quality of life and character of existing residential neighborhoods.

9. Protect the public from hazards associated with natural and man-made disasters, including airport-related hazards.

10. Promote and support an efficient multi-modal transportation system.

11. Allow for public services and facilities to adequately serve the county population.

12. Allow for public participation in government decision-making regarding land use and development in a manner consistent with State law.

(Ord. No. 4062, § 1, 9-10-13)

The Zoning Ordinance implements the goals and policies of the Butte County General Plan by regulating the uses of land and structures within the county. The Zoning Ordinance and the General Plan shall be consistent with one another. If there are inconsistencies between the Zoning Ordinance and the General Plan, the General Plan governs.

(Ord. No. 4062, § 1, 9-10-13)

The Zoning Ordinance shall be administered by the Butte County Board of Supervisors, the Planning Commission, the Zoning Administrator, and the Department of Development Services as established in Article VI, Division 1 (Administrative Responsibility).

(Ord. No. 4062, § 1, 9-10-13)

A. Applicability to Property. The Zoning Ordinance applies to all land, uses, and structures within unincorporated areas under Butte County jurisdiction.

B. Compliance with Regulations. No land shall be used and no structures constructed or occupied except in accordance with the provisions of the Zoning Ordinance. No use of land or structures shall be caused or allowed without the expressed consent of the property owner or an authorized agent of the property owner.

C. Conflicting Regulations. Where conflict occurs with other County regulations or with State or federal laws, higher law shall control over lower law unless local variation is permitted. Where conflicting laws are of equal stature, the more restrictive provision shall control unless otherwise specified in the Zoning Ordinance or in State or federal law.

D. Private Agreements. The Zoning Ordinance is not intended to interfere with, repeal, abrogate, or annul any easement; covenant; deed restriction; Covenants, Conditions, and Restrictions (CC&Rs); or other agreement between private parties. Where conflict occurs between the Zoning Ordinance and a private agreement, the County shall follow the Zoning Ordinance. Butte County shall not be responsible for monitoring or enforcing private agreements.

E. Conditional Zoning. The Zoning Ordinance shall not interfere with, repeal, abrogate, or annul any Conditional Zoning Agreement established between the County and an applicant prior to the effective date of the Zoning Ordinance. All uses under the Conditional Zoning Agreement will continue to be permitted, in addition to all uses allowed under the zone.

F. Enforcement. The Zoning Ordinance shall be enforced in the manner determined to be the most appropriate, which may include, but not be limited to, the procedures as established in Section 1-7 (General Penalty, Continuing Violations) and Chapters 32A (Abatement of Public Nuisances) and 41 (Code Enforcement Policies and Procedures), as well as any other procedures available in State or federal law.

(Ord. No. 4062, § 1, 9-10-13)