A. Intent. This district shall be applied to properties that are subject to special land use conditions or limitations not applicable to other properties similarly zoned. The special conditions or limitations will be imposed by Oroville city council as a condition of approval of the underlying primary zoning designation. This secondary "overlay" zoning designation is intended to alert all persons who may consult a zoning map and applicable regulations for information about uses permitted on a property, to the fact that additional inquiries are required to know the nature and extent of limitations that apply to the use of a site that is designated as a "conditional overlay zone."

B. Special Zoning Regulations Modify or Supersede Primary Zoning District Regulations. For properties designated as "conditional overlay zones," any conflicts between uses authorized by the underlying primary zoning designation and the restrictions or limitations imposed in association with the "conditional overlay zone" at the time of approval of that primary designation shall be resolved in favor of the land use restrictions or limitations imposed in association with the "conditional overlay zone."

C. Nature of Special Conditions or Restrictions Generally Applicable to Properties Designated as a Conditional Overlay Zone. In general, most properties to which the "conditional overlay zone" designation is applied will be subject to one or more of the following types of restrictions:

1. Approval of a use permit may be required for all or most uses otherwise allowed in the underlying zoning district; and/or

2. The property may be subject to conditions not applicable to all properties similarly zoned, in order to implement mitigate measures adopted to reduce potential environmental impacts associated with the rezone to a level that is less than significant.

D. Copies of Code Enacting Special Land Use Conditions Shall be Recorded and Filed With Local Property Records. If the zoning designation of any property is conditionally approved and is therefore subject to special land use restrictions or limitations that do not apply to other properties similarly zoned, then:

1. A copy of the chapter that conditionally applies the zoning designation and lists the restrictions and limitations to which the property is subject shall be recorded with the county of Butte recorder; and

2. A copy of the recorded section shall be placed in the city of Oroville’s records for the property that is subject to the special land use restrictions or limitations.

E. Properties Designated as Conditional Overlay Zones Shall be Listed Below. (Ord. No. 1640 § 12; Ord. No. 1670 § 24.)