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:

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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:

Procedures for Interpretations. The zoning administrator shall respond in writing to any written request for interpretation of the regulations set forth in this title.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Applicability. This section shall apply to the estimated construction costs (labor and materials) of all new nonresidential development projects.

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.

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.

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.

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.

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.

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:

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:

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Intergovernmental Cooperation. Fees up to 50% may be waived when:

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.

Non-Profit Groups. Fees up to 50% may be waived for approved non-profit groups when:

Financial Hardship. Fees up to 50% may be waived for groups due to financial hardships when:

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.

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.

Exempt Organizations. The following organizations have been approved for exemptions to this policy as follows:

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.

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.

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.

Requirements. The following requirements must be met in order to approve a request for reasonable accommodation:

Conditions of Approval—General. A reasonable accommodation granted under this section is subject to the following general conditions:

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.