In order to carry out the purpose and provisions of this title, the city shall be divided into the following districts, for which specific requirements appear in Chapters 17.28—17.44 of this title:
A. 
Residential Districts.
UR-10
Urban Reserve 10 Acres
UR-5
Urban Reserve 5 Acres
RA
Agricultural Residential
RR-1
Rural Residential 1 Acre
RR-20
Rural Residential 20,000 Square Feet
RR-10
Rural Residential 10,000 Square Feet
RL
Large-Lot Residential
R-1
Single-Family Residential
R-2
Medium-Density Residential
R-3
High-Density Residential
R-4
Urban-Density Residential
RP
High-Density Residential/Professional
B. 
Commercial and Mixed-Use Districts.
CN
Neighborhood Commercial
C-1
Limited Commercial
C-2
Intensive Commercial
CH
Highway Commercial
CLM
Commercial/Light Manufacturing
OF
Office
C. 
Mixed-Use Districts.
MXD
Downtown Mixed-Use
MXN
Neighborhood Mixed-Use
MXC
Corridor Mixed-Use
D. 
Industrial Districts.
ABP
Airport Business Park
M-1
Limited Industrial
M-2
Intensive Industrial
E. 
Special Purpose Districts.
PQ
Public or Quasi-Public Facilities
OS
Open Space
F. 
Overlay Districts.
HD-O
Hillside Development Overlay
PD-O
Planned Development Overlay
DH-O
Downtown Historic Overlay
AIA-O
Airport Influence Area Overlay
MS-O
Mini-Storage Overlay
C-O
Conditional Overlay
F-O
Foothill Overlay
UA-O
Unique Agriculture Overlay
PO-O
Professional Office Overlay
ACE-O
Arts, Culture, and Entertainment Overlay
(Ord. 1749 § 4; Ord. 1763 § 3; Ord. 1819 § 2, 2017)
That particular map entitled "Zoning Map for the City of Oroville," as that zoning information is stored and maintained on the city's geographic information system (GIS), is adopted as the official zoning map for the city, and is made a part of this title by reference.
(Ord. 1749 § 4)
A. 
Resolving Ambiguities. Where uncertainty exists as to the exact location of the boundary lines for any district shown on the zoning map, the following rules shall apply:
1. 
Where a zoning district's boundary approximately follows lot lines, street centerlines or alley centerlines, those lines shall be deemed to form the district's boundary.
2. 
Where a district's boundary divides a lot, and the zoning map does not indicate any dimensions showing the boundary's location, the boundary's location shall be determined by measuring the zoning map.
B. 
Vacated Streets. Where a public street or alley is officially vacated or abandoned, the regulations applicable to abutting property shall apply. If the abutting property is in more than one zoning district, the regulations of the most restrictive district shall apply.
C. 
Applicability of Symbols. A symbol indicating the zoning classification of property on the zoning map shall, in each instance, apply to the whole area within the district boundaries.
(Ord. 1749 § 4)
Changes in boundaries of any district shall be made only by an ordinance amending the zoning map. If changes occur in accordance with the provisions of this title and all other applicable laws, they shall be indicated on the zoning map promptly after approval of the amendment by the city council. No changes of any nature shall be made to the zoning map except in conformity with the procedures set forth in the City Charter and in this title.
(Ord. 1749 § 4)
The City of Oroville may prezone unincorporated territory recognized as part of its general plan planning area for the purpose of determining the zoning that shall apply to the property in the event of annexation to the city. All prezones shall be included on the zoning map.
(Ord. 1749 § 4)
When prezoned property is annexed to the City of Oroville, that property shall become subject to all applicable provisions of this title. Any property that has not been prezoned shall be placed in a zoning district at the time of annexation.
(Ord. 1749 § 4)
All sections of this title shall be subject to the following general provisions and exceptions:
A. 
No building shall be erected, converted, reconstructed or structurally altered, nor shall any building or land be used for any purpose that is not permitted in the applicable district, except as specifically provided in this title.
B. 
No building shall be erected, converted, reconstructed or structurally altered to exceed the height or bulk limits permitted in the applicable district, except as specifically provided in this title.
C. 
No lot area shall be reduced or diminished so that the required building setbacks are smaller than permitted in the applicable district, except as specifically provided in this title.
D. 
Every building that is erected after this title is enacted shall be located on a site that conforms to the requirements of the applicable district, except as specifically provided in this title.
(Ord. 1749 § 4)
A. 
Certificate Required. No vacant land in any district shall be occupied or used except as permitted under the provisions of this title, and no building erected, structurally altered or moved into or within any district shall be occupied, until a certificate of occupancy has been issued by the building official.
B. 
Certificate or Permit Required. Any legal use or occupancy of an existing building at the time this title and its amendments became effective may continue but shall not be changed unless a certificate of occupancy for the new use has been issued by the building official.
C. 
Content. The certificate of occupancy shall state that the building or proposed use of a building or land has complied with all laws and provisions of this title, including development review as applicable.
D. 
Recording. A record of all certificates of occupancy shall be kept on file by the building official, and copies shall be furnished on request to any person having a proprietary or tenancy interest in the subject building, use or land.
(Ord. 1749 § 4)
A. 
Unlisted Uses Not Allowed. If a proposed use of land is not allowed as of right, or allowed subject to a permit, according to the regulations set forth in this title for the applicable district, the use shall not be allowed, except as follows:
1. 
The zoning administrator may determine that a proposed use not listed for any zoning district is allowable as of right, subject to a zoning clearance, or that it is allowable subject to an administrative permit or use permit, if all of the following findings are made, based on substantial evidence:
a. 
The characteristics of, and activities associated with, the proposed use are equivalent to those of one or more of the allowable uses for the zoning district.
b. 
The proposed use will not involve a higher level of activity, density or intensity than other allowable uses for the district.
c. 
The proposed use will meet the purpose and intent of the applicable zoning district.
d. 
The proposed use will be consistent with the goals, objectives and policies of the general plan.
2. 
When the zoning administrator determines that a proposed use is equivalent to a listed use, the proposed use shall be treated in the same manner as the listed use for the purposes of determining where it is allowed, what permits are required and what other requirements of this title apply. A record of the determination shall be made in accordance with the procedures set forth in this section.
B. 
Procedures for Interpretations. The zoning administrator shall respond in writing to any written request for interpretation of the regulations set forth in this title.
1. 
The written request shall state which provision is to be interpreted, and it shall provide any information that the zoning administrator deems necessary to assist in the review.
2. 
The zoning administrator shall respond to an interpretation request within 30 days of receiving the request. As an alternative to issuing an official interpretation, the zoning administrator may refer any request for interpretation to the planning commission for a determination.
3. 
Whenever the zoning administrator determines that the meaning or applicability of any of the requirements set forth in these regulations is subject to interpretation generally or as applied to a specific case, the zoning administrator shall issue an official interpretation. Official interpretations shall be:
a. 
In writing, and shall quote the provisions of the regulations set forth in this title that are being interpreted and explain their meaning or applicability in the particular or general circumstances that caused the need for interpretation; and
b. 
Maintained on file by the zoning administrator.
4. 
Any provisions of the regulations set forth in this title that are determined by the zoning administrator to need refinement or revision will be corrected by amending the regulations in accordance with Section 17.56.090, as soon as is practical. Until amendments can occur, the zoning administrator will maintain a complete record of all official interpretations, as made by the zoning administrator or as made in accordance with the appeal process described in Section 17.56.100. The record of official interpretations shall be available for public review, and it shall be indexed by the number of the section that is the subject of the interpretation.
5. 
Any interpretation by the zoning administrator of the regulations set forth in this title may be appealed as provided in Section 17.56.100.
(Ord. 1749 § 4; Ord. 1762 §§ 2, 3)
A. 
Conflicts with Other Regulations. If the regulations of this title conflict with any building code, regulation or statute effective within the city, the more restrictive regulation shall apply.
B. 
Conflicts Within the Zoning Code. If any of the regulations of this title conflict with one another, and the title does not otherwise explain how to reconcile the conflict, the more restrictive regulation shall apply.
C. 
Easements, Covenants and Other Agreements. This title shall not interfere with, abrogate or annul any easement, covenant or other agreement now in effect; provided, however, that where this title imposes greater restrictions than those imposed or required by easements, covenants or other agreements, the provisions of this title shall apply. It shall be the responsibility of the property owner to be knowledgeable of any easements, covenants, or other agreements that have been recorded against their property. The city is not responsible for the enforcement of covenants or other restrictions that may be more stringent than this Code.
(Ord. 1749 § 4; Ord. 1770 § 5)
In interpreting and applying the provisions of this title, unless otherwise stated, they shall be held to be minimum requirements for the promotion and protection of the public safety, health and general welfare.
(Ord. 1749 § 4)
A. 
Pursuant to Government Code Section 65858, and notwithstanding any other provision of this Code, the establishment, development, construction, maintenance, or operation of a cannabis business is hereby prohibited, and is not a permitted use in any of the following zoning districts, even if located within an otherwise permitted use: Urban Reserve 10 Acres (UR-10), Urban Reserve 5 Acres (UR-5), Agricultural Residential (RA), Rural Residential 1 Acre (RR-1), Rural Residential 20,000 Square Feet (RR-20), Rural Residential 10,000 Square Feet (RR-10), Large-Lot Residential (RL), Single-Family Residential (R-1), Medium-Density Residential (R-2), High-Density Residential (R-3), Urban-Density Residential (R-4), High-Density Residential/Professional (RP), Neighborhood Commercial (CN), Limited Commercial (C-1), Intensive Commercial (C-2), Highway Commercial Corridor (CH), Commercial Light Manufacturing (CLM), Office (OF), Downtown Mixed-Use (MXD), Neighborhood Mixed-Use (MXN), Corridor Mixed-Use (MXC), Airport Business Park (ABP), Light Industrial (M-1), Intensive Industrial (M-2), Public or Quasi-Public Facilities (PQ), and Open Space (OS). No person shall establish, develop, construct, maintain, or operate a cannabis business, and no application for a building permit, use permit, variance, or any other entitlement authorizing the establishment, development, construction, maintenance, or operation of any marijuana dispensary shall be approved by the City of Oroville or any officer or employee thereof in any of the above districts.
B. 
Prohibition of Cannabis Delivery and Commercial Processing.
1. 
All deliveries of cannabis are expressly prohibited within the City of Oroville. No person shall conduct any deliveries that either originate or terminate within city limits.
2. 
All commercial processing of cannabis is expressly prohibited within the City of Oroville.
C. 
Permit or License Issuance. The city shall not issue any permit, license, or other entitlement for any activity prohibited by the Oroville Municipal Code for which a state license is required under the Medical Marijuana Regulation and Safety Act or the Control, Regulate and Tax Adult Use of Marijuana Act.
D. 
Public Nuisance. Any use or condition caused, or permitted to exist, in violation of any provision of this section shall be, and hereby is declared to be, a public nuisance and may be summarily abated by the city pursuant to Code of Civil Procedure Section 731 or any other remedy available to the city.
E. 
Civil Penalties. In addition to any other enforcement permitted by this section, city attorney may bring a civil action for injunctive relief and civil penalties, as permitted by law, against any person or entity that violates this section. In any civil action brought pursuant to this section, a court of competent jurisdiction may award reasonable attorneys' fees and costs to the prevailing party.
(Ord. 1834 § 3, 2019)
A. 
Applicability. This section shall apply to any and all city land use applications, which use of the automated permitting system for land use activities managed by the City of Oroville.
B. 
Amount of Fee. The amount of the technology cost recovery fee (TCRF) shall be a 6% fee added to each permit issued by the City of Oroville using the automated permitting system as part of the land use permitting process.
C. 
Time of Payment. Payment in full of the TCRF shall be required at the time all fees are due on any project processed through the automated permitting system or upon completion of the project, whichever occurs first.
D. 
Deposit of Fee. The city administrator is hereby directed to create a special interest-bearing fund entitled "Technology Cost Recovery Fee Fund" or other appropriate accounting mechanism. All amounts collected from the TCRF shall be placed in said fund and expended by the city administrator or designee solely for the purchase, installation, implementation, operation and maintenance of a streamlined permitting process. The city administrator or designee shall administer the TCRF fund.
E. 
Annual Report. The city administrator or designee shall annually prepare and present a report to the Oroville city council indicating the amount of revenues generated by the technology cost recovery fee and the expenditures made by the city in the preceding fiscal year.
(Ord. 1773 § 1)
A. 
Purpose. The purpose of this section is to expand the opportunities for citizens of the City of Oroville to experience public art and other projects resulting from the creative expression of its visual artists in public places throughout the city. A policy is hereby established to direct the inclusion of works of art in new nonresidential development projects and establishing a fund used solely for the creation, purchase, installation, security and maintenance of art in public spaces throughout the city.
B. 
Applicability. This section shall apply to the estimated construction costs (labor and materials) of all new nonresidential development projects.
C. 
Public Art Contribution. All new nonresidential development projects subject to the requirements of this section shall install public art on the project site in a public place as approved by the city council. The cost of the public art must be equal to at least one percent of the estimated construction costs. The creator of public art shall be an artist, defined as a person who has a reputation among peers as a person of artistic excellence, through a record of exhibitions, public commissions, sale of works, or educational attainment as judged by the arts commission. Public art shall be displayed in a manner that will enhance its enjoyment by the general public. The developer has the option to opt out of this requirement and instead pay the equivalent in-lieu fee which shall be a one percent fee of the estimated construction costs.
D. 
Execution of Installation/Time of Payment. If the developer chooses to pay the in-lieu fee, payment in full shall be required at the time all fees are due on any project processed through the city or upon completion of the project, whichever occurs first. The payment of all outstanding fees shall be required prior to the issuance of a Certificate of Occupancy.
For developers choosing to provide art as part of their project, the developer shall provide the city with proof of installation of the required public art on the development site prior to the issuance of a Certificate of Occupancy.
E. 
Beautification Fund. The city administrator is hereby directed to create a special interest-bearing fund entitled Art in Public Places/Oroville Beautification Fund (Beautification Fund) or other appropriate accounting mechanism. The city administrator or his/her designee shall administer the Beautification Fund.
F. 
Use of Funds. All amounts collected from the in-lieu fee shall be placed in said Beautification Fund and expended by the city administrator or designee solely for the costs associated with projects that result in the creation, purchase, installation, security or maintenance of art in public spaces that include, but are not limited to, paintings, mural decorations, inscriptions, stained glass, statues, reliefs or other sculptures, monuments, fountains, arches, or other structures intended for ornament or commemoration, carvings, frescoes, mosaics, or drawings. Furnishing or fixtures affixed to the building or its grounds, including architectural features of the building or landscaping that have been uniquely enhanced to be visually appealing, may qualify as art. Works of art may be temporary as well as permanent.
G. 
Ownership and Maintenance of Art. Title to all public art required by and installed pursuant to this section on private property shall be vested in the owner and pass to the successive owners of the development project. Each successive owner shall be responsible for the custody, protection and maintenance of such works of art. Public art installed on public property is owned by the City of Oroville and maintenance, removal or protection is the responsibility of the city.
For any works of art installed on private property, the owner(s) of the property shall be required to enter into a written agreement for the maintenance of the artwork. The agreement shall be in a form approved by the city attorney and zoning administrator and suitable for recordation with the Butte County recorder. The agreement shall be binding upon the property owner(s) and any successors in interest.
H. 
Review Process/Standards. The developer shall submit a narrative proposal and artistic rendering of the public art in satisfaction of the requirements imposed by this section, including any additional information, plans or maps prescribed by the director of planning and development services at the time of submission of their development application, or indicate an intention to pay the in-lieu fees. The proposal for the public art shall be considered as an element of the design review.
The approval of all public art to be created, purchased, installed, secured and maintained under this section shall require a review of the City of Oroville Arts Commission which shall make a recommendation to the city council for final approval or denial. The decision of the city council shall be final. Review of all proposed artwork shall be considered based on the following criteria:
1. 
Conceptual compatibility of the design with the immediate environment of the site;
2. 
Appropriateness of the design to the function of the site;
3. 
Compatibility of the design and location within a unified design character or historical character of the site;
4. 
Creation of an internal sense of order and a desirable environment for the general community by the design and location of the work of art;
5. 
Preservation and integration of natural features with the project;
6. 
Appropriateness of the materials, textures, colors, and design to the expression of the design concept; and
7. 
Representation of a broad variety of tastes within the community and the provision of a balanced inventory of art in public places to insure a variety of style, design, and media throughout the community that will be representative of the eclectic tastes of the community.
I. 
Removal of Public Art. If, for any reason, the current owner or successor in interest shall choose to replace any public art installed pursuant to this section, the following requirements shall be met before the art is replaced:
1. 
The replacement of public art must go through the review process established above, unless the replacement will be identical to the existing art work and in the same location.
2. 
The cost of the replacement shall be equal to, or greater than, the initial cost of the existing public art to be removed-adjusted for time.
3. 
The location of the replacement public art shall meet the requirement for public visibility in effect at the time of the replacement.
4. 
The replacement of public art shall conform, in every respect, to all standards in effect at the time of the replacement.
5. 
The replacement public art, location and installation shall violate no other ordinance.
6. 
The replacement public art shall be installed within 180 days of the removal of the existing public art piece, unless the period is extended by the director of planning and development services.
7. 
The owner may choose to pay an in-lieu fee equivalent to the cost of the replacement of the existing public art.
J. 
Annual Report. The city administrator or his/her designee shall annually prepare and present a report to the Oroville city council indicating the amount of revenues accumulated in the beautification fund and the expenditures made by the city in the preceding fiscal year.
K. 
Authority for Additional Mitigation. Fees collected pursuant to this section do not replace existing development fees or other charges or limit requirements or conditions to provide additional mitigation of impacts imposed upon development projects as part of the normal development review process.
L. 
Waiver. The city administrator may request that the city council exclude certain capital improvement projects from the provisions of this section by the passage of a resolution authorizing such a waiver.
(Ord. 1798 §§ 1, 2)
A. 
Cessation of Uses. For the purposes of this section, a use shall be deemed to have ceased when it has been discontinued, either temporarily or permanently, whether with the intent to abandon such use or not, for a continuous time period as set forth in this section.
B. 
Cessation of Uses of Buildings Designed for Nonconforming Uses. A building or structure which was designed for a use which does not conform with the provisions of this title and which is occupied by a nonconforming use shall not again be used for nonconforming purposes when such use has ceased for a period of 24 months or more.
C. 
Cessation of Uses of Buildings Designed for Conforming Uses. A building or structure which was designed for a use which conforms with the provisions of this title but which is occupied by a nonconforming use shall not again be used for nonconforming purposes when such use has ceased for a period of 12 months or more.
D. 
Cessation of Nonconforming Uses of Land. Land on which there is a nonconforming use not involving any building or structure, except minor structures, including buildings containing less than 300 square feet of gross floor area, fences, and signs, where such use has ceased for one month or more shall not again be used for nonconforming purposes, and such nonconforming use of land shall be discontinued, and the nonconforming buildings or structures shall be removed from the premises within 6 months after the first date of nonconformity.
E. 
Cessation of Nonconforming Junk Yards. Regardless of any other provision of this title, no junk yard which exists as a nonconforming use in any zone shall continue as provided in this section for nonconforming uses unless such junk yard, within one year after the junk yard has become a nonconforming use, shall be completely enclosed within an existing building or otherwise within a continuous solid fence not less than 8 feet nor more than 12 feet in height or equivalent continuous hedgerow screening. The operation shall be conducted in such a manner as to be substantially screened at all times by the building, fence, or hedgerow. Plans for the required fence or hedgerow shall meet the approval of the planning director. All other provisions of this section shall apply to any nonconforming junk yard.
(Ord. 1783 § 1)
A. 
Purpose. On occasion, the city is asked by various groups to waive facility/park fees for special events. Fee waivers and reductions are granted by the city administrator or his/her designee on a case-by-case basis according to the eligibility outline in the municipal code. It is important to note that fee waivers or reductions do not eliminate the requirements to obtain a permit or meet the conditions of the permit. Depending upon the event and location, these requirements typically include liability insurance, traffic control, notification of affected parties, and event clean-up.
Eligibility for fee waivers or reductions largely depends on the event sponsor and the nature of the event. Events that provide public benefits (i.e., increased business activity, recreation, community activity or destination point improvement) to the entire city are best suited for a fee waiver.
B. 
Responsibility. Fee waivers, reductions and special considerations are determined by the city administrator or his/her designee and he/she shall ensure that department staff follow the procedures set forth in this policy.
C. 
Policy.
1. 
Fee waivers and reductions are for facility/park permit fees only. Direct costs include but are not limited to vehicles and staff time which are not eligible for fee waivers or reductions under this policy.
2. 
No fees shall be waived when:
a. 
The fee is for a facility/park rental that is for private use;
b. 
The fee is for a permit/improvement that is for private use or under private ownership;
c. 
The fee is for a private event, program or activity.
3. 
Fee waivers do not relieve the applicant from payments and obligations for the following:
a. 
Insurance/indemnification requirements;
b. 
Other permits as required for the event, program or activity;
c. 
Security/damage deposit or other financial obligations associated with the events, program or activity;
d. 
Other conditions of approval that may be required.
4. 
Fee waivers for facility/park rentals apply only for rentals during normal business hours. If the rental is for a time that requires staff to open or close the facility/park early or late, rental charges will not be waived.
Requests for fee waivers or reductions must be received at least 90 days prior to the actual date of the event. If the request is received in less than 90 days from the event, the facility/park fee waiver or reduction for the event will not be considered and all fees will apply to the event.
5. 
Requests that include the sale and/or consumption of alcoholic beverages must be reviewed by the Oroville Police Department. Events of this type that have 50 or more participants will require additional law enforcement officers assigned to the event.
D. 
Intergovernmental Cooperation. Fees up to 50% may be waived when:
1. 
The applicant is another governmental entity (city, county, state, federal or special district); and
2. 
The use is related to the performance of its normal functions within the City of Oroville; and
3. 
There is public benefit to a significant portion of the residents of the City of Oroville; and
4. 
The event or temporary use does not have a significant impact on city services, operations, or activities.
Requests for waivers for ongoing operations (not an annual permit) of the governmental entity may be subject to city council approval. The department working with the requesting entity shall be responsible for preparing the necessary staff report for city council consideration.
E. 
City Sponsored or Co-Sponsored Programs, Services, and/or Activities. Fees may be waived for city-sponsored programs, services, or activities. The city shall entertain a monetary contribution for sponsored and co-sponsored events during the annual budget process.
F. 
Non-Profit Groups. Fees up to 50% may be waived for approved non-profit groups when:
1. 
Non-profit organizations, as defined by the Internal Revenue Service (IRS), having IRS approved tax exempt status, formed for civic or educational purposes; and
2. 
The event, program, activity, or improvement is of public benefit to the City of Oroville and/or surrounding community, or a significant portion of its residents; and
3. 
The event, program, activity, or improvement is open to the public; and
4. 
The event, program, activity, or improvement does not significantly impact city departments, services, operations or activities.
A non-profit organization meeting the above criteria may charge an entry or admission fee or sell products/items for the purpose of raising funds for causes that provide a public benefit to the City of Oroville and/or surrounding community, or a significant portion of its residents. However, fundraising for the benefit of an individual or a family for purposes such as scholarships or memorials (illness, injury, etc.) will not be considered for fee waivers.
G. 
Financial Hardship. Fees up to 50% may be waived for groups due to financial hardships when:
1. 
The requesting group is NOT a non-profit organization; and
2. 
There is a public benefit or value to the City of Oroville community or a significant portion of its residents; and
3. 
The imposition of fees would create a financial hardship on the organization as demonstrated on the organization financial information form and the imposition of fees would make it prohibitive for the event to be held; additionally, other financial information may be required; and
4. 
The event, program, activity, or improvement is open to the public and does not charge an admission, entry or other type of access fee; and
5. 
The event, program or activity does not impact the city departments, services, operations or activities.
H. 
Supplemental Public Safety Services. From time to time, the size and nature of events, programs or activities may require additional police/fire services to ensure safety of the public. The police chief, in his/her sole discretion, shall determine when additional law enforcement officers are needed at an event, program or activity. The fire chief, in his/her sole discretion, shall determine when additional firefighters are needed at an event, program or activity. Any additional public safety personnel may require additional funding for the extraordinary.
When supplemental public safety services are required, the individual or entity presenting the event, program or activity shall be responsible for full payment in advance of the charges for those services.
I. 
Appeal of Denied Waiver. Should a request for user fee waiver be denied by the city administrator or his/her designee, the applicant may appeal that decision to the city council for a final determination. The appeal must be in writing and received by the city within 15 days from the denial. The appeal must include a copy of the waiver request form, the reason provided for the denial and detailed information on why the applicant believes the appeal should be granted. The city council will review the information submitted by the applicant as soon as practicable. For all appeals, the decision of the city council is final.
J. 
Exempt Organizations. The following organizations have been approved for exemptions to this policy as follows:
1. 
City of Oroville Docents. The docents shall not be required to pay a fee, provide a security/damage deposit, or provide a certificate of liability insurance for the rental of city-owned/operated facilities and parks.
2. 
Friends of the Parks. The friends of the parks shall not be required to pay a fee, provide a security/damage deposit, or provide a certificate of liability insurance for the rental of city-owned/operated facilities and parks.
3. 
Butte County Elections. Butte County shall only be required to pay for the first 8 hours of use, per day, for a city-owned/operated facility and shall not be required to pay the fees associated with a facility use in excess of 8 hours per day. This exemption applies to the use of facilities for election purpose only, and does not relieve the county from providing a certificate of liability insurance naming the City of Oroville as an additional insured. This exemption does include the waiver of a security/damage deposit.
(Ord. 1793 § 2; Ord. 1797 § 1)
A. 
Purpose. This section is intended to provide equal access to residential housing throughout the city's jurisdiction regardless of an individual's physical or mental abilities.
B. 
Definitions. Unless the contrary is stated or clearly appears from the context, "disabled person," "Fair Housing Law," and "reasonable accommodation" shall be defined as specified in Section 17.04.060.
C. 
Request of Reasonable Accommodation.
1. 
A disabled person or person's representative may request reasonable accommodation as specified in this section.
2. 
A request for reasonable accommodation must be filed in a form and manner approved by the zoning administrator, and at a minimum, must include the following:
a. 
Evidence of the property owner's consent, usually in the form of the owner's signature on the application;
b. 
A description of how the property will be used by the disabled individual(s), e.g., for residential habitation, and the specific reason that reasonable accommodation is desirable;
c. 
Evidence of the applicant's disability as reasonably determined by the zoning administrator, including, without limitation, an individual's medical record; correspondence from a currently licensed healthcare professional; or documentation from the California Department of Motor Vehicles demonstrating that the individual qualifies for disabled parking.
3. 
Verification by the applicant that the property is the primary residence of the person for whom reasonable accommodation is requested.
D. 
Proceedings. Upon accepting a reasonable accommodation request application as complete, the zoning administrator, or his/her designee, shall review the application and approve, conditionally approve, or deny the application. Any denial must be accompanied by the facts and reasons for denying the application.
E. 
Requirements. The following requirements must be met in order to approve a request for reasonable accommodation:
1. 
The parcel and/or housing, which is the subject of the request for reasonable accommodation, will be occupied as the primary residence by an individual protected under the Fair Housing Laws.
2. 
The request for reasonable accommodation is necessary to make specific housing available to one or more individuals protected under the Fair Housing Laws.
3. 
The requested accommodation will not require a fundamental alteration of the zoning or building laws, policies and/or other procedures of the city.
F. 
Conditions of Approval—General. A reasonable accommodation granted under this section is subject to the following general conditions:
1. 
The reasonable accommodation applies only to the specific disabled person;
2. 
Changes in use or circumstances that negates the basis for the reasonable accommodation renders it void;
3. 
Except as otherwise specifically accommodated pursuant to this section, the approved reasonable accommodation is subject to all uniform building codes as adopted by the city;
4. 
Reasonable accommodations affecting an exterior physical improvement must be designed to be substantially similar to the architectural character, colors, and texture of materials of its surrounding dwelling units;
5. 
The zoning administrator may require additional conditions of approval which may be deemed necessary to reconcile the approved reasonable accommodation with other requirements of this Code while still implementing the purpose of this title;
6. 
Reasonable accommodations do not run with the land; it constitutes a permit issued to a specific disabled person and may be revoked or rendered void as specified in Section 17.48.020(C) of this title.
G. 
Application Fee. The city cannot require a fee for filing an original application. However, the city may establish a fee for appealing decisions pursuant to city council resolution.
(Ord. 1804 § VI, 2014)
A. 
Effective Period.
1. 
The provisions of this section shall remain in effect until June 30, 2021, unless specified herein, subject to an extension or modification by the council. Unless extended or modified by the council, this section shall expire on June 30, 2021, and be no further force or effect.
2. 
All recreational vehicles, mobile homes and manufactured housing units authorized for use pursuant to this section shall be removed upon expiration of this section or upon withdrawal, expiration or termination of the temporary administrative use permit following 15-day notice of expiration/termination by the city.
B. 
Definitions.
Bear Fire.
The fire that began on August 17, 2020, and entered Butte County on September 8, 2020, destroying homes in the communities of Berry Creek, Brush Creek, Feather Falls, and other surrounding Lake Oroville communities. The Bear Fire shall include the North Complex Fires.
CalOES.
The California Governor's Office of Emergency Services or successor agency.
Camp Fire.
The fire that began on November 8, 2018 in Butte County destroying the town of Paradise and threatening the communities of Butte Creek Canyon, Chico, Concow, Forest Ranch, Helltown, Inskip, Oroville, Stirling City and Yankee Hill.
Displaced person(s).
A city resident or residents whose residential dwelling has been destroyed or damaged by the Camp or Bear Fire, such that the resident(s) cannot occupy the dwelling. Displaced person(s) may be required to provide verification to the city to substantiate their eligibility for uses, permits and/or approvals described in this section.
Effective Date.
The date of council adoption of this ordinance.
FEMA.
The Federal Emergency Management Agency or successor agency.
Mobile Home or Manufactured Housing Unit.
A trailer or transportable prefabricated structure used as a temporary living accommodation.
Recreational vehicle.
A motor home, travel trailer, truck camper or camping trailer that is: (1) self-contained and designed for human habitation for recreational or emergency occupation; (2) self-propelled, truck-mounted, or permanently towable on California roadways; and (3) a California Department of Motor Vehicles licensed vehicle or similar vehicle as determined by the city.
C. 
Residential Use of Recreational Vehicles, Mobile Homes and Manufactured Housing Units.
1. 
Initial use. For a period of 45 days from the effective date, residential use and occupancy of recreational vehicles, mobile homes or manufactured housing units on any residential lot in any zoning district outside of the area affected by the Bear Fire shall be allowed without city approval, zoning or building permit, provided that such lots and/or vehicles have functioning sanitary sewer connections, temporary septic holding capacity and/or portable toilets that are serviced through routine pumping services or use of dump stations
2. 
Recreational Vehicles, Mobile Homes and Manufactured Housing Units for Reconstruction or Repair of Damaged Dwellings.
a. 
The use of one recreational vehicle, one mobile home or one manufactured housing unit per parcel in any residential zoning district during the term of the ordinance codified in this section shall be allowed, subject to city administrative approval or permit as applicable, for use by displaced persons who are repairing or reconstructing a fire-damaged dwelling on the same or another parcel. For parcels larger than .3 acres, the city may, but is not required to, approve the use of up to 6 recreational vehicles, mobile homes and/or manufactured housing units per acre in a residential zoning district, subject to the approval of the city administrator or designee.
b. 
The use of recreational vehicles, mobile homes and/or manufactured housing units in an amount to be determined by the city administrator or designee on any parcel owned by the city during the term of the ordinance codified in this section shall be allowed, subject to city administrative approval or permit as applicable, for use by displaced persons who are repairing or reconstructing a fire-damaged dwelling. In addition, on any property owned by the city, the city administrator or designee may waive the city's portion of the applicable sewer fee in exchange for the project applicant to install, at the project applicant's sole cost and expense, all sewer lines to connect the recreational vehicles, mobile homes and/or manufactured housing units to the sewer system.
c. 
The issuance, withdrawal, expiration and/or termination of all permits issued pursuant to this section shall be at the sole discretion of city administration without right to administrative appeal or other judicial appeal. In addition, all permits issued pursuant to this section shall not run with the land and shall not give any right to continued use following expiration of this section or upon withdrawal, expiration or termination of the temporary permit, whichever occurs first.
D. 
Standards. All residential use of recreational vehicles, mobile homes and manufactured housing units shall meet the following standards.
1. 
The property owner or the property owner's authorized agent shall obtain a city temporary use approval or permit and all other required permits. Written consent of the property owner is required in all cases.
2. 
Residential use of recreational vehicles, mobile homes and manufactured housing units is limited to vehicles not on a permanent foundation and used to house displaced persons during the effective period in this section.
3. 
Residential use of recreational vehicles, mobile homes and manufactured housing units shall be located outside the boundaries of any recorded easements.
4. 
The recreational vehicle, mobile home or manufactured housing unit shall be connected to an approved source of water meeting one of the following criteria: public water supply; existing well provided that it has been approved by the city as safe for domestic consumption; or other water source approved by the city.
5. 
The recreational vehicle, mobile home or manufactured housing unit shall be connected to an approved sewage disposal system meeting one of the following criteria: public sewer system; existing on-site sewage disposal system that has been approved by the city to be intact, adequately sized, and functioning following the disaster; temporary holding tank with a contract with a pumping company for regular pumping; or other method of sewage disposal approved by the director.
6. 
The recreational vehicle, mobile home or manufactured housing unit shall be connected to an approved source of electricity meeting one of the following criteria: permitted electrical service hookup; or other power source approved by the city.
7. 
Residential use of recreational vehicles, mobile homes and manufactured housing units under this section shall not be allowed in either of the following areas:
a. 
A special flood hazard area defined by this code or regulations, or other authorized federal or state official.
b. 
An area with health and safety hazards as determined by the city.
E. 
Standards for Fire-Affected Sites. Recreational vehicles, mobile homes and manufactured housing units for residential use on fire-affected sites shall meet the following additional standards:
1. 
Residential use of recreational vehicles, mobile homes and manufactured housing units on fire-affected sites shall be permitted only on parcels on which a permitted or legally established residence was destroyed or damaged and rendered uninhabitable as determined by the city as a result of the Camp or Bear Fire.
2. 
Except as provided herein, no city approval or permit for residential use of a recreational vehicle, mobile home or manufactured housing unit shall be issued until the site is approved for reconstruction by the city, CalOES or FEMA.
3. 
Recreational vehicles, mobile homes and manufactured housing units may be located within the Zoning Ordinance setback areas, other than the riparian setbacks, such that placement of the recreational vehicle will allow for unobstructed reconstruction on the site.
F. 
Recreational vehicles, mobile homes and manufactured housing units for residential use on lots not affected by the Camp or Bear Fires shall comply with all Zoning Ordinance and riparian setback requirements.
(Ord. 1836 § 2, 2019; Ord. 1848 § 2, 2020)