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HomeMy WebLinkAbout1507ORDINANCE NO. 1507 1 2 _ 3. 5 6 7 8 9 10 I1 12 13 14 15 lfi 17 18 19 20 21 22 23 24 2!5 28 AN ORDINANCE ZONING A PORTION OF TIDE COUNTY OF BUTTE, STATE OF CALIFORNIA, A TM~-5 (TIMBER- MOUNTATN) DISTRICT. ~~ The Board of Supervisors of the County of Butte, State of California, under and pursuant to Ordinance No. 475-, as amended DO ORDAIN as follows: SECTION 1. The hereinafter described area situated in the County of Butte, State of California, shall be and it is here- by zoned as a "TM-5" (Timber-Mountain) District, and such area shall be subject to the restrictions and restricted uses and re- gulations hereinafter specified and provided Said area located in the Magalia-DeSa~ la area, more particularly described as follows: The SEA Of the NE ~ and the N~ of the SE ~ Of Sec 1, T23N, R3E, MDB&M. The S~ of the N~ of Sec 11, T23N, R3E, MDB&M located east of Skyway excepting therefrom the S~ of the SW of the NE4 of said Sec 11. The S~ of Sec 11, T23N, R3E, MDB&M located east of Skyway . Lot 7 of Sec 6, T23N, R4E, MDB&M. Lots 1, 2, and 3 of Sec 7, T23N, R4E, MDB&M. A11 that portion of the SEa of Sec 12, T23N, R3E, MDE&M located north and east of the following described line: Beginning at a pvi.nt vn the east line of See 12, T23N, R3E, MDB&M lying 630 ft. north of the SE corner of said Sec 12; thence N 590 2$' 39" W, :.. ::,r~.373~3z.ft;:~.:~th~nce N 360 32' 38" W, 500 ft; thence N 820 37' 55" W, 584.81 ft; thence N 430 5fl' 15" W, 1220.fl1 ft; thence N 570 15' 48" E, 842.29 ft; thence N flo 25' W, 75' to a point on the oast- west centerline of said Sec 12 and the end of sand described line. The Nx of the SEA of Sec 7, T23N, R4E, MDB&M. That portion of the NWa of Sec 19, T23N, R4E, MDB&M located east of the Southern Pacific Railroad right- -l- 1 of-way, and north of Coutelenc Road. 2 That portion of Sec 24, T23N, R3E, MDB&M, located east of _ the Southern Pacific Railroad right-o -way . 3 _~ That portion of the SW4 of Sec 19, T23N, R4E, MDB&M 4 located west of the Southern Pacific Railroad right- of-way . That portion of the SWa of Sec 30, T23N, R4E, located 8 west of Coutelenc Road. 7 That portion of the!~~~a;,of Sec 25, T23N, R3E, MDB&M, said parcel lying on`'t~ke SW side of the public highway 8 leading to Nimshew and described as follows: 9 Commencing at the SE corner of said: Sec 25; thence along the south line of said Sec, N 82° 23' 45" W, 10 81.79 ft. to a point in the centerline of Skyway County Road. and the true point bf beginning for the ._ 11 parcel heroin describ.ed.; thence from said true point of begi:nn~.ng along said centerline of -Skyway N 21° 12 37' 30" W, 111.35 ft. N 36° 56' W, 633.50 ft. and N 580 23' W, 33.19 ft; thence leaving said centerline 13 S 11° 41' W, 563.55 ft. to a point in the South line of said Sec 25; thence along said south line S 820 14 23' 45" E, 569,11 ft. to the point of beginning. 15 The W~ of the SW~ of the. SEA, Of- the NE4 of Sec 12, T23N R3E, MDB&M. ~.6 The E~ of the NWa of Sec 13, T23N, R3E, MDB&M. . 17 :. The W i of the ~W'~~,of the SW~ of Sec 18, T23N. R4E, MDB&M 18 That portion of the NEB of Sec 13, T23N, R3E, MDB&M 19 located south of the following described line: 2~ Beginning at a paint on the east line of Sec 13, T23N, R3E located 2126.74 ft. south of the NE 21 corner of said Sec 13, thence N. 36° 23' W, 453.96 ft; thence N 890 15' 45" W, 1820.50 ft; thence N 22 0~° 44' 15" E, 490.30 ft; thence 89° 15' 45" W. tv the north-south centerline of said Sec l3 and 23 the end of said described line. 24 That portion of the E'~ of the Wz of-Sec 12, T23N, R3E, MDB&M located south and west of:`the Following described ~ line: 28 Beginning at a paint on the-north-south centerline -2- . 1 2 3 4 5 6 "P 8 9 IO lI 12 13 I4 15 I6 3.7 18 19 20 21 22 23 24 23 26 of Sec 12 ,, T2.3N, R3E, MDB&M located 122 S .00 ft . south of the center of said. Sec 12; thence- along the following eourses..and.distances: _... i N 48^° O&' 10" W, 496.5& ft; N 230 05' 10" E, 331.55 ft., N 44° 08' 40" W, 236.91 ft; N 32° 07' 30" W, 253.87 ft; W 215.50 ft; 1V 230.71 ft; N Z2o 55' 27" W, 558.39 ft; N 350 08' Sl" W, 682,30 ft; to a point on the east line of the W'~ of the W'~ of said Sec 12 and the end of said described line. The W~ of the W'~ Of Sec 12, T23N, R3E, MDB&M excepting therefrom the following described property: Beginning at a point on the west line of the E~ of the NW4 of Sec 12, T23N, R3E, MDB&M located 1105.34 ft; north of the east-west centerline of said Sec 12; thence N 60° 01' 10" W, 729.74 ft; thence N 480 50' 30" W, 475.19 ft; thence N 33° 34' 20" E, 260.15 ft; thence S 62° 42" E, 947.79 ft~. to a point on the west line of the Ez of the SW4 of said Sec 12; thenc south along said line 460.00 ft to the point of beginning. That portion of the NEB of Sec 13 and a portion of the SE4 of Sec.12, both in T23N, R3E, MDB&M, and more par- ticularly described as follows: Commencing at the NE corner of the NW a of the NE a of ;ysad~~ Sec 13; thence .S 260 03' 20" E, 39 .10 ft. to the `~norfih line of that parcel leased to the State of Calif- ornia by J. B. Whitlow and Esther J. Whitlow; thence along the North line of said State `parcel, N 890 25' 30° W, 382.33 ft. to the NW corner of said parcel, and' the true point of beginning far the parcel herein des- cribed; thence from true point of beginning, along the west line of said State Parcel, S 0° 34' 30" W, 167.71 ft; thence N 810 43' 30" W, 857,00 ft; thence N 0° 49' 30" E, 1285.0$ ft; thence south 440 41' 35" E, 1187.57 ft; thence S Oo 34' 30"..W,396.35 ft. to the point of beginning. Contaix~~g 880 acres, more or less SECTION 2. REGULATIONS FOR A TM-5 DISTRICT: The fallowing regulations shall .apply in a TM-S D~:`strzct: 2.1 USES PERMITTED: :;3•- a. Single-family dwellings, including mobile homes. b. Management, raising, harvesting and removal of trees shrubs, seedlings, flowers, herbs and all food crops for human or animal consumption. c. Keeping and raising small animals for domestic use, including dogs, cats and household pats, poultry, and other birds, bees, fish and frogs. d. Keeping, raising and pasturing of cattle, horses, sheep,- goats, hogs or other livestock, provided 10 11 12 13 ~.4 15 16 17 18 xs 20 21 22 23 24 25 26 that no more than two (2) such animals be kept per acre on parcels of less than five (5) acres and no more than four (4) such animals be kept per acre on parcels of five ( 5 ) acre s or more . e. Prospecting, claiming, drilling, mining, excavating, and dredging of mineral, hydrocarbon and geothermal resources , ,except- as limited in _.2:.2 . f. Protection of 1and~and forests from fire, erosion, floods., slides,. quakes, insects,: diseases and pol- lution, including arboretums and natural wilderness, experimental and study areas. g.. display and sale of products of agricultural uses and home arts and crafts produced on the premises. h. Accessory uses, improvements and structures custo- mary and pertinent to permitted uses, except as limited in 2.2, includ~:ng guesthouses, barns, sheds, shops, garages and storage areas. -4 - 1 2 ~... . 3 4 8 7 8 9 10 II 12 ]:3 I4 15 18 17 18, is 20 21 22 23 24 2~ 28 2.2 USES PERMITTED SUBJECT TO FIRST SECURING A USE PERMIT IN EACH CASE: _. _. a. Residential uses other than one single-family dwelling per parcel or one single-family dwelling par five {5) acres including labor camps, commercial guest lodging, group quarters or dwelling units at greater densities. b. Commerical wood processing plants. c, Commercial kennels and animal hospitals. d. Commerical livestock feed yards. e. Animal product processing plants. f. Mining, quarrying and excavating activities which might be objectionable by reason of noise, odor, smoke, dust, bright light, vibration, stream pollu- tion or handling of explosives or dangerous materia g. Commercial boat ramps, docks and landing facilities. h. :Aircraft landing facilities. i. Disposal areas and sewage treatment facilities. i ~. Public and quasi-public uses including schools, parks, playgrounds, recreational facilities, utilit system structures, meeting halls, hospitals, libra- ries, museums, government offices and similar uses. k. Private or commercial outdoor recreation facilities on sites of not less than five (5) acres, including. country clubs, golf oaurses,.ridng academies and stables, .hunting and fishing camps-and other clubs -5- 1 2 ,...,.. - 3 5 6 ~ 7 8 9 10 ~.I 12 13 34 15 1B. 17 18 is 20 21 22 23 24 2~ 28 and gun clubs and ranges. _2 .3 LOT WIDTH REQUIRED: Minimum required lot width shall not be less than sixty-five {65) ft. 2.4 LOT AREA: Minimum required area o£ a lot per dwelling unit shall be not less than five (5} acres. Z.5 FRONT YARD REQUIRED: Minimum required front building setback shall be not less than fifty {50) ft. from the centerline of the road, except where the road is classif~.ed by the County as a Federal Aid Secondary Rd „ the minimum required front:,:>bui~Tding setback shall be not less than fifty-five {55) ft. from the centerline of the road. 2.6 SIDE YARD REQUIRED: Minimum required side building setback shall be not less than ten {10} ft. 2 .7 REAR YARD REQUIRED Minimum required rear building setback shall be not less than ten {10) ft. SECTION 3. All uses of .and not specifically authorizes and permitted under Section 2 are prohibited within the district. SECTION 4. In Compliance with the provisions of the Zoning Enabling Ordinance the same is hereby amended by adding this ordinance in full. -6- 1 2 _. 3 4 5 8 7 8 9 14 ~.1 12 33 I.4 16 18 17 a.s ~~ 20 21 22 23 24 23 2S SECTION 5. The penalties for the violation of the zon- ing hereby imposed .within the district shall be as provided in the .. ._ _Zon~:rig Enabling Ordinance , SECTION 6. This ordinance shall be and it is he reby declared to be in full force from and after thirty (30) days after the date of its -pas~age~and-before the expiration of fifteen {15) days after its passage this ordinance shall be published once. with the names of the members of the Board voting for and against'it in the psrad; Se Post ,, , ,,, , a newspaper published in the County of Butte, State of California. PASSED ADOPTED by the Board of Supervisors of the County of Butte, State of California this 15th day of 9otaber 197, by the following vote: AYES:. Supervisors Cameron, G~l~rian, Ladd, McKillop and Chair~na.n Madigan NOES : None ABSENT : None NOT VOTING: None ~ ~ ~~ c'ay a. i~sc~L.a. vru., V1i[xiL it utte County Board f Supervisors ATTEST: CLARK A. NELSON, County Clerk and Ex-officio Clerk of the Board Clerk or Deputy -7-