Article 7. Amendments, Variances, Use Permits, and Nonconforming Uses

AMENDMENTS.

7.01 Ordinance may be amended.

This ordinance may be amended as other ordinances are adopted or amended; regulations hereof may be amended by changing the boundaries of zones or zoning districts, by changing property from one zone or zoning district to another, by imposing regulations not heretofore imposed, and by removing or modifying adopted regulations whenever the public necessity, convenience and welfare require such amendment, in accordance with the procedures set out in this ordinance.

7.02 Amendment procedure.

Amendments to this ordinance may be initiated by one of the following methods:

(a) Owner initiated: An amendment may be initiated by one or more owners of property affected by the proposed amendment by filing an official county application form with the department of planning and building accompanied by the appropriate filing fees established by the board of supervisors.

(b) Resolution of the planning commission: An amendment may be initiated by the planning commission by the adoption of a resolution proposing said amendment.

(c) Resolution of board of supervisors: An amendment may be initiated by the board of supervisors by the adoption of a resolution proposing said amendment.

7.03 Public hearing by planning commission.

Subject only to the rules regarding the placing of matters on the planning commission agenda, the director shall cause the matter to be set for a public hearing.

7.04 Public notice.

Notice of the time and place of the public hearing, including a general explanation of the matter to be considered and a general description of the area affected, shall be given at least ten calendar days before the hearing date by:

(a) At least one publication in a newspaper of general circulation published and circulated in the county; and by

(b) First class mail to all owners of real property as shown on the last equalized assessment roll and located within three hundred feet of the boundaries of the property or properties which are the subject of a proposed zone change or rezone; or by

7.05 Affected parties heard.

At the public hearing, the planning commission shall hear any person affected by the proposed amendment and/or any other interested parties as determined by the chairman of the planning commission. The hearing may be continued from time to time to a date certain.

7.06 Planning commission report.

Within forty days of the conclusion of the hearing, the planning commission shall submit to the board of supervisors a written report of recommendations and reasons therefor.

7.07 Public hearing by board of supervisors.

Subject only to the rules regarding the placing of matters on its agenda, the board of supervisors, at its next meeting following the receipt of such report, shall cause the matter to be set for a public hearing and shall give notice thereof in accord with this ordinance and the Government Code.

7.08 Affected parties heard; time limit on hearing.

At the public hearing, the board of supervisors shall hear any person affected by the proposed amendment and/or any other interested persons as determined by the chairman of the board of supervisors. The hearing may be continued from time to time to a date certain, but shall be concluded within sixty days of the commencement of said hearing.

7.09 Board of supervisors to await planning commission report.

The board of supervisors shall not make any change in the proposed amendment until the proposed change has been referred to the planning commission for a report and a copy of the report has been filed with the county clerk. The failure of the planning commission to report within forty days after the reference of such proposed change shall be deemed to be approval of the proposed change.

7.10 Board of supervisors, nonaction is denial.

Within forty days of the conclusion of the hearing, or a receipt of a report from the planning commission, the board of supervisors may act upon the proposed amendment. Failure to act upon the proposed amendment within the period set forth in this section shall be deemed to be denial of such proposed amendment.

7.11 Notification of county assessor upon changed zoning of property.

Whenever a change of zoning of any property is adopted, the county assessor shall be so notified within thirty days of such action by the county clerk.

7.12 Amendment of inconsistent provisions created by amendment to general plan.

Whenever a general plan amendment creates inconsistency in related zoning provisions, such provisions shall be amended to provide required consistency within a reasonable time.

VARIANCES.

7.13 Granted on specific findings.

(a) Variances from the terms of this ordinance shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the ordinance deprive such property owners of privileges enjoyed by other property owners in the vicinity and under identical zoning classifications.

(b) Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone or zoning district in which such property is situated.

(c) A variance in minimum lot area requirements may be granted for a particular permitted use in any zone or zoning district, on findings that the required minimum lot area is unreasonable and unnecessary as applied to a use or a public service or facility, public utility, compatible convenience service or similar nature.

(d) A variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by this ordinance. The provisions of this section shall not apply to conditional use permits.

7.14 Application; fee; form.

Application therefor shall be filed with the department of planning and building by completing an official county application form provided by said department and accompanied by the appropriate filing fee as established by the board of supervisors.

7.15 Review of application.

The director of planning and building shall review each application for a variance from this ordinance and within ten days from the date the application is filed determine if it shall be heard by a public hearing of the planning commission or a public hearing before the zoning administrator. The director of planning and building shall cause the matter to be set for a public hearing at the next regularly scheduled meeting. An applicant may request a special hearing date be set for any matter which the applicant deems to be urgent. The county shall charge a fee for any such special hearing.

7.16 Public notice.

(a) At least one publication in a newspaper of general circulation, published and circulated in the county; and by

7.17 Affected parties; time limit on hearing.

At the public hearing, the planning commission or the zoning administrator shall hear any person affected by the proposed variance and/or any other interested persons as determined by the chair of the planning commission or the zoning administrator. The hearing may be continued from time to time to a date certain, but shall be concluded within sixty days of commencement thereof.

7.18.1 Zoning administrator to report findings; nonaction is approval; appeal to planning commission; time for appeal.

Within ten days of the conclusion of the hearing, the zoning administrator shall grant or deny the variance applied for. The grant of variance may be made subject to terms and conditions attached thereto and made a part thereof. The action of the zoning administrator shall be expressed in writing and shall contain findings of fact as set forth in section 7.13(a), (b) and (c). Failure of the zoning administrator to act within ten days of the conclusion of the hearing shall be deemed to be an approval of the application on that date. The decision of the zoning administrator shall become final ten days from the date thereof, unless an appeal has been filed within that time.

7.18.2 Planning commission to report findings; nonaction is approval; time for appeal.

Within ten days of the conclusion of the hearing, the planning commission shall grant or deny the variance applied for. The grant of variance may be made subject to terms and conditions attached thereto and made a part thereof. The action of the planning commission shall be expressed in writing and shall contain findings of fact as set forth in section 7.13(a), (b) and (c). Failure of the planning commission to act within ten days of the conclusion of the hearing shall be deemed to be an approval of the application on that date. The decision, or non-decision of the planning commission shall become final ten days from the date thereof, unless an appeal has been filed within that time. An affected party may appeal any decision or non-decision of the planning commission to the board of supervisors, the county shall charge a fee for costs involved in the appeal.

7.19 Notification of county assessor when variance granted.

Whenever a variance is granted, the county assessor shall be so notified within thirty days of such action.

USE PERMITS.

7.20 Granting of use permits.

Use permits may be granted, upon application to the department of planning and building, for any use for which a use permit is permitted or required by these regulations, or for any use which, while not specifically enumerated in these regulations, is, in the opinion of the planning commission, similar to and compatible with the uses permitted in the zone in which the subject property is situated.

7.21 Application; fee; form.

Application for a use permit shall be filed with the department of planning and building by completing an official county application form provided by said department and accompanied by the appropriate filing fee as established by the board of supervisors.

7.22 Review of application.

The director of planning and building shall review each application for a use permit and within ten days from when the application was filed determine if it shall be heard by a public hearing of the planning commission or a public hearing before the zoning administrator. The director of planning and building shall cause the matter to be set for a public hearing at the next regularly scheduled meeting. An applicant may request a special hearing date be set for any matter which the applicant deems to be urgent. The county shall charge a fee for any such special hearing.

7.22.1 Duties of zoning administrator.

The zoning administrator shall hear and decide application for minor variances defined as variances to structural height yard and setback requirements not exceeding ten percent of applicable zoning code requirement and minor use permits defined as home occupations, geophysical exploration efforts, exploratory gas and oil well drilling, signs, mobilehome placement for the purpose of residence, caretaker facility, or hardship, seasonal hunting clubs, and other similar non-controversial issues and other permits as determined by the board of supervisors. If the zoning administrator believes that a request is of a controversial nature, he or she may place the issue on the planning commission agenda.

7.23 Public notice.

(a) At least one publication in a newspaper of general circulation, published and circulated in the county; and by

7.24 Affected parties; time limit on hearing.

At the public hearing, the planning commission or the zoning administrator shall hear any person affected by the proposed use permit and/or any other interested persons as determined by the chair of the planning commission or the zoning administrator. The hearing may be continued from time to time to a date certain, but shall be concluded within sixty days of commencement thereof.

7.25.1 Zoning administrator to report findings; nonaction is approval; time for appeal.

Within ten days of the conclusion of the hearing, the zoning administrator shall grant or deny the use permit applied for. The grant of the use permit may be made subject to terms and conditions attached thereto and made a part thereof as set forth in section 7.27. The action of the zoning administrator shall be expressed in writing and shall contain findings of fact as set forth in section 7.28. Failure of the zoning administrator to act within ten days of the conclusion of the hearing shall be deemed to be an approval of the application on that date. The decision or non-decision of the zoning administrator shall become final ten days from the date thereof, unless an appeal has been filed within that time.

7.25.2 Planning commission to report findings; nonaction is approval; time for appeal.

Within ten days of the conclusion of the hearing, the planning commission shall grant or deny the use permit applied for. The grant of the use permit may be made subject to terms and conditions attached thereto and made a part thereof as set forth in section 7.27. The action of the planning commission shall be expressed in writing and shall contain findings of fact as set forth in section 7.28. Failure of the planning commission to act within ten days of the conclusion of the hearing shall be deemed to be an approval of the application on that date. The decision or non-decision of the planning commission shall become final ten days from the date thereof, unless an appeal has been filed within that time.

7.26 Notification of county assessor when use permit granted.

Whenever a use permit is granted, the county assessor shall be so notified within thirty days of such action.

7.27 Conditions.

The planning commission or zoning administrator may issue a use permit subject to conditions specifically set forth in the use permit when the commission makes the findings prescribed. Such conditions may include, without limitation, the following matters:

(a) Ingress and egress to the property and proposed structures thereon with particular reference to automobile and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe;

(b) Off-street parking and loading arrangements to facilitate the concerns set forth in subsection (a) above;

(c) Mitigation of noise, glare, dust, smoke, odor or other effects of the proposed use in relation to adjoining property and property generally in the vicinity;

(d) Refuse and service areas;

(e) Utilities, and their locations and availability;

(f) Screening, buffering and landscaping;

(g) Signs, if any;

(h) Exterior and interior lighting, particularly with reference to glare, traffic safety and compatibility with nearby properties and uses;

(i) Yards;

(j) Mitigation of adverse environmental effects, if any;

(k) The time period for which the permit shall be valid.

(l) Any other condition reasonably necessary to assure public health, safety or welfare.

7.28 Findings.

Before granting a use permit, the planning commission or zoning administrator shall make the following written findings:

(a) That the planning commission or zoning administrator has the power to issue a use permit under the zoning regulations in effect as applied to the property and proposed uses.

(b) That the procedural requirements set forth in this section have been met.

(c) That granting of the use permit, as conditioned, will not adversely affect the public health, safety or welfare of the county of Colusa.

(d) That the proposed use complies with applicable provisions of this code and is consistent with the policies and objectives of the adopted Colusa County general plan.

7.29 Revocation.

(a) Except where a different provision is made in the conditions granting a use permit, a use permit shall automatically terminate at the end of one year if not used within that period.

(b) The commission may revoke any use permit upon a finding that the conditions set forth in the use permit have been violated or that the uses ceased for one year. The commission may make such a finding only after a public hearing, upon notice given in accordance with this code.

NONCONFORMING USES.

7.30 Provisions.

Existing uses, structures and buildings, and lots or parcels which do not conform to the regulations of the zone in which they are located shall be subject to these specific regulations. Within the zoning districts established by this title, as it may be amended, there exist lots, structures and uses which were legal prior to the effective date of the provisions codified in this title or future amendments thereof, but which would be prohibited, regulated or restricted by the terms of such provisions on the effective date thereof. Such lots, structures and uses are herein called “legal nonconformities.” Legal nonconformities may be continued notwithstanding the prohibition, regulation or restriction of those provisions subject to the provisions of this chapter.

7.30.1 Purpose.

It is the purpose of this section to establish procedures to permit the continued operation of such uses where such uses are appropriate while eliminating nonconforming uses through abandonment, obsolescence or destruction.

7.30.2 Nonconforming uses defined.

“Nonconforming uses” includes uses, and buildings and structures. “Nonconforming buildings and uses” means those structures, buildings, mobile homes, and uses which were lawful when established, but which do not conform to subsequently established zoning requirements.

7.30.3 Types of nonconforming uses.

As used in this chapter, the term nonconforming uses includes several types of nonconformities. Several distinct types of nonconformities can be distinguished from one another. These include:

(a) Nonconforming building. That situation which occurs when a building or structure does not conform to the zone regulations because of size, height, location, materials or proximity to other buildings;

(b) Nonconforming use of a building. That situation which occurs when the use of a building or structure does not conform although the building or structure does;

(c) Nonconforming uses of land. That situation where the use of the land regardless of any buildings or structures does not conform; and

(d) Conditional use without use permit. That situation where a use which is listed as a conditional use of the zone in which it is located does not have a use permit.

For the purposes of this chapter these various nonconformities shall be known as nonconforming uses.

7.30.4 Continued use of a legal nonconforming use.

Except as hereinafter otherwise provided, any use, building or structure, existing on the effective date of this chapter may be continued even though such use, building or structure may not conform with the regulations of the zone in which it is located. Provided, however, that such use must have been lawfully established and not in violation of any ordinance, statute or regulation in effect at the time. Furthermore, such use, structure or building must have been in existence at the time, not merely contemplated. Use permits, variances, building permits or other permits not exercised within the required time do not establish the right to a legal nonconforming use. Pursuant to law, the party asserting a right to a nonconforming use has the burden of proof to establish the lawful and continuing existence of the use at the time of the enactment of the ordinance, statute or regulation.

7.30.5 Change or expansion of nonconforming use.

Except as hereinafter otherwise provided, no nonconforming use shall be expanded, enlarged, extended, reconstructed, substituted or structurally altered unless made to conform to the use standards and regulations for the zone within which it is located. Provided, however, that any nonconforming use may be changed to another nonconforming use, expanded, enlarged, extended, reconstructed or structurally altered upon obtaining a use permit from the planning commission. When considering a use permit for a nonconforming use, the planning commission shall grant the use permit when it finds that the change, expansion, enlargement, extension, reconstruction or structural alteration of such use will not conflict with, impair or be detrimental to the uses both permitted and conditional of the zone in which it is located and/or adjoins. This finding shall be in addition to the findings required by Section 7.28, Appendix I, Article 7, of the Colusa County Code. Pursuant to Section 7.27, Appendix I, Article 7, of the Colusa County Code, the planning commission or zoning administrator may impose conditions upon the issuance of the use permit which are reasonably related to the use of the property for which the use permit is requested. In addition, the planning commission or zoning administrator may at its own discretion establish a date for either the termination of the use or review of the use permit. Whenever a nonconforming use has been changed to conform to the uses, standards and regulations of the zone in which it is located such nonconforming use shall not thereafter be changed to a nonconforming use.

7.30.6 Residential substitution permitted.

The substitution of a single nonconforming residential building or structure is permitted subject to a review and conditions imposed by the director of planning and building. Such conditions shall be limited to setbacks, yards, locations, height, and placement of the building or structure on the property. Substitution of a nonconforming mobile home shall be considered a permitted residential substitution under the terms of this chapter.

7.30.7 Maintenance and repairs for safety.

Nothing in this chapter shall prevent the normal, ordinary, customary maintenance of a nonconforming use provided that such maintenance does not include major structural alterations which have the effect of expanding, enlarging or extending the nonconforming use. Nothing in this chapter shall prevent any such repair, alteration or restoration to a safe condition of any portion of a nonconforming use when so directed by the Colusa County director of planning and building upon a finding that such is necessary for the protection of the public health and safety.

7.30.8 Construction – Use permits – Amendments.

(a) Nothing in this chapter shall require any change in the plans, construction size or designated use of any land, building, or structure for which building permits have been issued in accordance with the provision of this chapter or ordinances then in effect. Provided, however, that the actual use or construction under such permit has started prior to the effective date of this chapter and in all such cases be carried out in a normal manner until completion.

(b) Except as provided in subsection (a) of this section and Section 7.15 et seq., and Section 7.20 et seq., Appendix I, Article 7, of the Colusa County Code, any rezoning or subsequent amendment of this chapter which has the effect of eliminating a particular conditional use or changing the conditions under which a particular conditional use may be allowed shall remain valid, unless specifically stated to the contrary in the amending ordinance. Subject to the limitations of Section 7.15 et seq., and Section 7.20 et seq., Appendix I, Article 7, of the Colusa County Code, any such use permits shall remain valid and may be used, extended, transferred or modified through amendment to the same extent that the rezoning or amendment was not adopted. No extension of a use permit shall be granted following such rezoning or amendment unless the applicant makes a satisfactory showing to the planning commission or zoning administrator that there have been substantial expenditures made in reliance upon the continued effectiveness of the use permit within the prescribed time period and/or the inability to complete the project authorized by the use permit is due to reasons beyond the applicant’s control.

7.30.9 Nonconforming parcels of record.

Except as otherwise provided in this chapter or where specifically merged under the provisions of Section 66499.11 et seq., of the Government Code, any legally established parcel of land of record having less than the minimum width or frontage required for the zone in which it is located, may be used for a permitted use provided that the parcel:

(a) Meet(s) the other area or dimensional standards and requirements for the proposed use unless changed by the planning commission with a variance; and

(b) Meet(s) the requirements of the Colusa County Health Division for the provisions of water and sewage disposal.

Side yard setbacks on nonconforming lots may be reduced by five foot increments until at least a sixty foot wide lot width is achieved. No side yard setback requirement is to be reduced below five feet. Such modification of side yard setbacks is subject to approval in each and every case by the director of planning and building after finding that the subject property is a legally created nonconforming lot.

7.30.10 Abandonment of nonconforming use.

(a) Abandonment – Consequences. A nonconforming use shall be abandoned when it is voluntarily discontinued with the intent not to resume it. There shall be a presumption that a nonconforming use which has been discontinued for a period of twelve consecutive months has been abandoned; however, the property owner, occupant or other party asserting the right to a legal nonconforming use has the burden of proving the legal and continuing existence of the use. Once abandoned, a nonconforming use shall no longer be a legal nonconforming use entitled to the rights and privileges described in this chapter and thereafter shall be made to conform to the uses, standards and requirements of the zone in which it is located.

(b) Determination of Abandonment – Appeal. The director of planning and building, at his or her sole discretion, may determine whether or not a nonconforming use has been abandoned and may mail notice of such determination to the property owner using the address from the latest equalized assessment roll of the county of Colusa and to the occupant at the street address of the property. The property owner or occupant may, within fifteen days of the mailing of said determination, appeal the determination to the board of supervisors. If no such appeal is filed, the determination of the director of planning and building shall be final. If such appeal is filed, it shall be filed and heard in the same manner as appeals pursuant to Sections 7.40 and 7.41, Appendix I, Article 7 of the Colusa County Code.

7.30.11 Restoration of nonconforming buildings or structures.

A nonconforming building or structure which does not conform to the required side yard, rear yard or street setback areas, which is demolished, damaged or destroyed totally or in part, may be restored to a total floor area or to the same extent as the original only upon securing a use permit pursuant to Section 7.20 et seq., Appendix I, Article 7, of the Colusa County Code.

7.30.12 Restoration of nonconforming uses.

A nonconforming use, building or structure catastrophically damaged or destroyed totally or in part may be restored to a total floor area or to the same extent as the original without a use permit. Provided, however, that any expansion, enlargement or extension of the nonconforming use be allowed only upon securing a use permit pursuant to Section 7.20 et seq., and Section 7.22 et seq., Appendix I, Article 7, of the Colusa County Code. Any such restoration or reconstruction of a nonconforming use not requiring a use permit shall commence within twelve months and be completed within twenty-four months of the time of damage or it shall be deemed abandoned. Upon application to the planning commission an extension of time for the restoration of a nonconforming use may be granted not to exceed five years in total.

7.30.13 Nonconforming building or structure – Relocation.

A nonconforming building or structure shall not be moved to any other lot or to any other portion of the lot in which it is presently located unless, as a result of the move, the building or structure conforms to the regulations of the zone in which it will be located after the move.

7.30.14 Nonconforming use and building – Additions, enlargements, repairs.

Except where ordered by the building inspector to protect the health and safety of the occupant, there shall be no addition, alteration, or repair of any building or structure where the use of land and the structure are both nonconforming.

APPEALS.

7.40 Appeals of decisions of the planning commission.

An applicant or any party with interest may appeal any decision or non-decision of the planning commission to the board of supervisors if appropriate notice is given to the clerk of the board within ten days of the planning commission’s decision. The county shall charge a fee for costs involved in the appeal. The board of supervisors shall hear and determine any appeal within in forty-five days of such notice. The board of supervisors decision shall be deemed final.

7.41 Appeals of decisions of the zoning administrator.

An applicant or any party with interest may appeal any decision or non-decision of the zoning administrator to the board of supervisors if appropriate notice is given to the clerk of the board within ten days of the zoning administrator’s decision. The county shall charge a fee for costs involved in the appeal. The board of supervisors shall hear and determine any appeal within forty-five days of such notice. The board of supervisors decision shall be deemed final.

WILLIAMSON ACT CANCELLATIONS

7.42 Application fee.

In acordance with California Government Code Section 51280 et al., wherein a cancellation process from the Williamson Act is provided, this section provides for a fee of two thousand dollars to be charged to applicants to pay the county administrative costs for processing such applications. See Exhibit A. (Ord. No. 710, § 1.)

Editor’s Note: Exhibit A is on file in the county clerk-recorder’s office.