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HomeMy WebLinkAbout1719-'f I 1 2 3 4 5 6 7 8 g~ ~ 10: I1 12' 1~ 14: 15' 16;. 17 18 19 20 21 22 23 24 28 2B ORDINANCE NO. 1719 AN INTERIM ORDINANCE ZONIN G A PORTION OF THE COUNTY OF BUTTE , STATE OF CALIFORNIA, A "TM-5 " (TIMF3ER- MOUNTAIN} DISTRICT The Board of Supervisors, of the County of Butte, State of California, under and pursuant to Ord~.nance No. 475, as amenddd, "and declaring an emergency, D4 ORDAIN as follows: SECTION 1. The hereinafter described area situated• ?x! the County of Butte , State of California, sha11 be and it :~s here- ~I by zoned as a "TM--5" (Timber-Mountain) District for a~°period of 24C days, and such area shall be subject to the restr~.ctians and re- stricted uses and regulations hereinafter specified and provi ded. Said area so zoned being located in Butte Creek Canyon, :more particularly described as: That portion of the N~ of the N4~1~ of Sec 11, T23N, Ft3E, MDB&M, located east of Skyway , ThA S~ of the SWa and the easterly 350 ft. of the raesterly 1254.5 ft, of the southerly 350 ft. of the N z of the Sw 4 of Sec 2 , T23N , R3E , A1DB &M . f' All of Sec 10, 21, 28, 33, T23N, R3E, MDB&M. Lots 4 , 5 , 6 , 7 , 10 and 11 o f S e C 15 , T2 3N , R 3E , MDB &P2 . The SE4 of Sec 15, T23N, R3E, MDB&M. :. The W'~ of the w~, and the SEA of the NWq of Sec 22, T2 3N , R3E , MDB &M . The E z of the E'~ and the SW ~ of the SE 4 of Sac 29 , T2 3N , R3E , MDB &M , f ~', The E z and the E~ of the W'~ of Sac 32, T23N, R3E, MDB&M, Lots 4, 5, 12, 13, 15, and 16 and 'the S~ of Lat 14 `of Sec 34, T23N, R3E, MDB&?~S. The Sw4 and the S~ of the NWT of Sec 35, T23N, R3E, MDB&M. That portion of SQc 1, 2, 10, 11 and 16, T22N, R3E, MDB&M, located west of the Parad~.se Irrigation D3 str~.ct boundary excepting therefrom that portion of Sec 10 _1_ E ~~ ?. 2 3 4` fi ~' ; i 7;' 9 10 11 12 13 14 15i 18' 1'7' ~.8 x9; 20 21` 22 23 24 25 28 described as AP 51.-06-08 and 51-06-10 per the equali zed tax assessment roll of the County of Butte of March .]., 1975. A11 0~ Sec 3, 4 , 8 , 9 , 17 and 19 of T22N , R3E, MDB &M . The E~, the E 2 of the W'~ and the SWa of the SWn of Sec 5, T22N, R3E, MDB&M, The E z of the SE a and the SEA of the NE 4 of SeC 7, T22N, R3E, MDB&M. The E'~ and the E~ of the SW~ of Sec 18, T22N, R3E, MDB&M. A11 of Sec 20, T22N, R3E, MDB&M, excepting therefrom the following described property ; Beginning at the SF=-.;corner of said Sec 20 ; thence N 0° 24' 30" E 1365.35 ft. along the east line of said Sec 20 to the NE corner of the S~ of the S~ of said Sec 20; thence N 89 ° 54 ' 4 5" W, 10 6 8.79 ft . along the N lime of the S'~ of the S'~ of said Sec 20 to the top of bluff of Butte Creek Canyon; thence following along said top of bluffline, which bluff line is the true property 3.,ine of this description, the following. courses and distances S 18° 13' 10" W, 74.18 ft; S 240 33' 401' w, 100.97 ft; S 4° 48' ] 0" E, 60 .21 ft; S 47° 56' 20" W, 3.25.61 ft; S 55° 16'. 50." W, 103..16 ft; S. 83° .17' 40" 6+T, 51.:22 ft; S 52° 45' 50" W, 46.17 ft; S 75° 22' S0" W, 160.69 ft; S 85° O1' 30" W, 109.29 ft; S 43° 34' 30" W, 61.23 £t; ' s 66°36' 20" w, 423.80 ft; s 36° 03' 501' W, 96.65 ft; S 70 ° 18' 3011 W, 224.20 ft; N 86 ° 08' W, 141.03. ft; S 87° 21' 10" W, 92.89 ft; S 77° 45' 40'1 W, 122.26 ft; S 87 44' 50" W, 122.6], ft; S 61° 16' 30" W, 119.04 ft; S $9° 17' 20" W, 151.35 ft; S 87° 36' 20" W, 116.37 ft; N 43° 25' 10" W, 150.04 ft; S 13° 02' 10" W, 90.00 ft; S 4G° 44' 20" W, 145.87 ft, and S 32 ° 30'' VAT, 449 .82 ft . to the S line of the SW4 of said See 20; thence S 89° 43' E, 102 E ft. along said S line to the S4 corner of said Sec 20; thence E 2640.00 ft. along the S l~.ne of the SE4 of said Sec 20 to the point of beginning. The N'~ aid the N~ of the SW a of Sec 30 , T22N , R3E , MDB &M .~ All of Sec 25, 33, and 34, T22N, R2E, MDB&M, The E~ and the SW~ of Sec 24, T22N, R2E, MDB&~?. The S 2j the NEB and the SE~a of the NWT of Sec 26, T22N, R2E, MDB&M. ..59 -2_ I 1 f~ eet .. e. `t . ~, i The E~ of S°c 32, T22N, R2E, MDB&M. 2 That portion of Sec 35 and 36 of T22N, R2E, MDB&M located north of the top of the bluff of Butte Creek g E : Canyon . t1 The N~ of the NE 4 and that port? on of the SE a of thy: NE 4 and the E'~ of the SEA of Snc 5 , T21N, R2E , MDB &M, fi located north of Slcyway, . g That portion of Sec 4, T2lN, R2E, MDB&M, located north of Skyway . 7 That portion of Sec 2 and 3, T21N, R2E, MDB&M located g north of the top of the bluff of Butte Creek Canyon. g Excepting therefrom the Baldwin Contracting Co , propert' ~ 40-02-03, 40-02-05, ~0-02-06, 40-02-07 identified as AP Z0 40-02-50, 40-02-61, 40-01-25, 40-~41-02, 40-41-03, and 46-38-50 per the equalizAd tax assessment roll of the 11 County of Butte of March 1, 19'75. 12 Also excepting therefrom property identified as AP 51-0 42, 63-01-68, 63-01-73, 63-02-05, 63-02-10, 63-02-31, 13` ~ 63-02-35, 55-01-07, 65-01--30, 65-01-31, 65-01--32, ~5-Ol 33, FS-Ol-35, 55-01-36, 65-06-01, 55-05-02, 55-Ob-03, 14! ~ 65-06-0~ per the equalized tax assessment roll of the County of Butte of March 1, 1975. 7.5 E All containing 24 sq. miles more or Jess. 18 SECTION 2. REGULATIONS FORA "TM-5" DISTRICT: 17 ` The following regulations sha11 apply in a "TM-5" 18 Distract: 19. E 2.1 USES PERMXTTED: 20 a. Single-family dwellings, including mobile homes. 21 b. Management, raising, harvesting anal removal bf 22 ` trees, shrubs, seedlings, flowers,' herbs and all 23 E fool crops for human or animal consumption. 24 ~ c. Keeping and raising small animals far domestic use, including dogs, cats and household pets, poultry 2B; and other birds , fish, bees and frogs . -3_ E: 1 2 3 4 5 6 7 8 9 10 11 1~ 13' 14` 15 1B 17' 18 19 2©~ 21 2z 2~ 24 25 28 ''I d. Keeping, raising and pasturing of cattle, horses, sheep, goats, hogs, or other livestock, arovided 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 an parcels of five { 5 } acres 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 land and forests from fire, erosion, floods, slides, awakes, insects, diseases and pollu-- tian, including arboretums and natural wilderness, experimental and study areas . g. Display and sale of praducts of agricultural uses and home arts and crafts produced on the premises . h. Accessory uses, improvements and structures custnma and pertinent to permitted uses, except as limited in 2.2, including guest hawses, barns, sheds, shops, garages and storage areas. 2.2 USES PERMITTED SUBJECT TO FIRST SECURING A USE PER~II TN EACH CASE: a. Residential uses other than one single-family dwell- ing per parcel on one single-family dwelling per five (5) acres for "TM-5", including labor camras, commercial guest lodging, group quarters or dwelling units at greater densi.ties.. -~- 1 2 31 4 6 6 7 8 9 3.Q 1Z I2 13 II l~ ''I 15 16 ''~i ~.7 l.$ 19 '. 2b 2]. 22 !'~ 23 'i 24 23 28 b. Commercial wood processing plants. c. Commercial kennels and animal hospitals. d. Commercial livestock famed yards. e. Animal product processing plants . f. Min~,ng, .quarrying and excavating activities wh~.ch might be objectionable by reason of noise, odor, smoke; ;dust, bright light, vibration, stream pollu- tion or handling of explosives or dangerous material: g. Commercial boat ramps, docks and landing facilities. h . Aircraft 1and~.ng facilities . i. Disposal areas and sewage treatment facilities. j , Public and quasi-public uses ~.ncluding schools, parr: playgrounds, recreational facilities, utility system structures, meeting halls, hospitals, 1?brar~.P: museums, government offices and similar uses. k. Private or commercial outdoor recreat?on facilities on. sites of not less than five t5) acres, including country clubs, golf courses, riding academies and stables, hunting and fishing camps and other clubs,. and gun clubs and ranges . 2:3 LOT AREA: Minimum required area of a lot per dwelling un? t shall ix©t be less than five (5} acres for "T~~!-5 " . 2.4 LOT WIDTH REQUIRED: Minimum required lot width shall not be less than sa.xty-five (65} ft. -5- 2.5 FRONT YARD REQUIRED: 2 3 4 6 7 $` 9' ZO 1 ~. 12' 13 ', ~.4 15' ~.B 1'~ 18 19' 2d 2x 22 23 24 2S ,I, 26 '~ Minimum required front buildarg setback sha11 bs not less than fifty (5fl) ft, from ~,he centerlir_e of tha road, except where the road is classifi ed by the CountX as a Federal Aid Secondary Road, the minimum requi red front build~.rig setback shall not be less than fifty-five (55) ft . from the centerli nP of the road. 2.6 SIDE YARD REQUIRED: ~i.,nimum required side building setback shall be rot less than ten (10) ft . far "TM-5" . 2 .7 REAR Y&RD 1~EQUIRED Minimum required rear building setback shall bA not less than ten (10) ft . for "TM-5" . SECTION 3. All us4s of land not specifically authori zed and permitted under Section 2 are prohibited within the di strict. ~ SECTION 4 . In campliancQ with the provision of sai d Zoni ng Enabling Ordi Hance . the same is°~~hereby amAnded. b_y addi ng this Ordinance in full. SECTION 5, The penalties far the violation of the zon?nc hereby imposed within the d? Stri ct sha11 be as provided in the i 'Zoning Enabling Ordinance, In compliance with the provisions of ;the Zoning Enabling Ordinance, this Ordinance shall frarn and `aftr~r its affective date become a supplement to and part of the Zoni ng Enab lzng Ordinance . -b~- ~~ 1 SECTION 6. This urgency ordinance shall take effect 2 ' immediately upon its passage, and before the exp; ration of fifteAz~ 3 (15} days after its passage shall be publishes once ra~.th the name i 4 of the members of ti-~e Board of Supervisors voting for and aga?nst 6 E the same zn the Chico Enter rise Record , a newspaper 6 ~ in ,general circulation in the County of Butte, State of Californi 7 The facts constituting the urgency on which this ordinance is 8 based are 9 ` 1. To protect the health, welfare, and safety of th° a0 !: people . 1~.: PASSED AND ADOPTED by fhe Board of Supervisgrs of the 12 County of Butte, State of California, on the 25th day of May, I 13 E 1976, by the following vote: l4 ~ AYES= Supervisros Ladd, Madigan, McKi1].op and Chairman Cameron 15 E NOES : Superv~,sor Richter 16 ' ABSENT: None 17 `, NOT VOTING: None 18 ~ .~ W RD CAMERON, Chairman 19 Butte County Board of Su?~ervisors • 20 ~ ATTEST: CLARK .A. NELSON, County Clerk . E and Ex-officio Clerk of the Board 21 23 r Clerl~ or Deputy 24 23 26 -7-