HomeMy WebLinkAbout1995Ordinance No. 195
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AN ORDINANCE AMENDING CHAPTER 24 OF
THE BUTTE COUNTY CODE
The Board of Supervisors of the County of Butte, State
of California., DO ORDAIN, as follows;
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Section 1. Section 24-26 of the Butte County Code is
hereby amended to read as follows:
§24-2b . Procedure for precise zoning amendr~ien.t . .
(.~) This chapter, except for the Timber Preserve
Zoning District, may be amended to establish detailed
zoning districts or to change district boundaries only
if an amendment is requested by either:
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(1) The Planning Commission;
(2) The Board of Supervisors;
(3) By a petition filed with the Planning
Director signed by owners representing
60 percent or more of the area to be
rezoned and accompanied by a fee of
$150.00 to be deposited in the County
General fund, no part of which shall be
returnable to the applicant. Any such
petition may be withdrawn upon the written.
application of a majority of all persons
who signed such petition at any time prior
to the hearing on the proposed amendment
before the Board of Supervisors.
(B) The procedure to establish or amend the Timber
Preserve Zoning District shall be as establis
by resolution by the Board of Supervisors of
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the County of Butte.
Section 2.- Section. 24-19.O.o.f .the. Butte. County Code is ..
hereby amended to read as follows:
§24-i90. TPZ-160 (Timber Preserve Zone)
(A) Uses permitted:
(1} Compatible uses, which are any uses that do
not significantly detract from the use of
the property for, or inhibit, growing and
harvesting timber, and shall include, but
not be limited to the following, unless in
a specific instance such a use would be co -
tray to the preceding definition of compat
ible use.
(a) Housing units that would be compatibl
to timber uses.
(b) Management for water shed.
(c} A~anagement far fish and wildlife.
habitat or hunting and fishing.
(d) A use inegrally related to the gro~ain ,
harvesting and processing of forest
products, including but not limited t
~ roads, log landings, and log storage
areas.
(e) The erection, construction, alteration
or mainten ante of gas, electric, Ovate
or communication transmission facilit
es.
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(f) Grazing.
_... _.. (.g). Mining, or any use integrally.relate.d
thereto.
(B} Lot area. The minimum lot area for inclusion
in the Timber Preserve Zoning District shall
not be less than 160 acres and must consist of
contiguous parcels, contiguous meaning two or
more parcels of land that are adjoining or
neighboring or are sufficiently near to each
other as determined by the Board of Supervisors
that they are manageable as a single forest
unit. Such parcels must be capable of growing
an average annual volume of wood fiber as
determined by the County Assessor at least
l5 cubic feet per acre.
(C) Inclusion standards. The parcel ar parcels to
be included in the Timber Preserve Zoning
District shall comply with the following
criteria:
(l) A map sha11 be prepared showing the legal
description or assessor's .parcel number of
the property desired to be zaned.
(2} A plan for forest management must be
prepared or approved, as to content, for
the-property by a registered professional.
forester. Such plan sha11 provide for
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the eventual harvest of timber within a
_ . .. __... reasonable-period of time, as detertn.ined
by the preparer of the plan.
{3) The parcel shall meet the timber stocking
standards set forth in §4561 of the
Public Resources Code and the forest
practice rules adopted by the State Board
of Forestry for the district in which the
parcel is located, ar the owner must sign
an agreement with the Board of Supervisors
to meet such stocking standards and forest,
practice rules by the fifth anniversary
of the signing of such agreement. Upon
the fifth anniversary of the signing of
such agreement, the Board of Supervisors
shall determine whether the parcel meets
the timber stocking standards in effect an
the date the agreement was signed. If the
parcel fails to meet the timber stocking
standards, the Board of Supervisors shall
immediately rezone the parcel and specify
a new zone for such parcel which is in
. ,conformance with the County General ~'7,an
and whose primary use is other than timber
land;
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(4). The parcel shall be privately owned land,
_ ox land acquired for State Forest purposes
which is de'v'oted to and used for growing
and harvesting timber, or for grow~.ng and
harvesting timber and compatible uses, and
which is capable of growing an average
annual voluime of wood fiber of at least
15 cubic feet per acre.
{5) The parcels shall be in compliance with
the compatible uses as set forth in Part
(A) of this section.
(b} The land shall be of Site Quality ZV ox
better, as described in §434.5 of the
Revenue and Taxation Code, for purposes
of valuation.
(D) Addition. Notwithstanding Part {B) of this
section, recently acquired land may be added
to an existing Timber Preserve Zoning District
regardless of the parcel size, if the addition
is under the same ownership and is capable of
growing 1S cubic feet per acre of woad fiber..
(E) Parcels zoned as "TPZ" Timber Preserve Zoning
District may not be divided into parcels. less
than 160 acres unless owners of resulting
parcels submit a joint timber management plan
prepared by or approved as to content by a
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registered professional forester, and such
ownexs enter into a binding contract with the
Board of Supervisors to manage and harvest
timber on the timberland 'ointl and are
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bound by the provisions of such management plan
for a minimum of 10 ,years.
(F) Front yard required. Minimum required front
building set back shall be not Less than. 50
feet from the centerline of the road except
where the road is classified by the County as
a federal aid secondary road, in which case ~
the minimum required front building set back
shall. not be less than 55 feet from the
centerline of the road.
(G} Side yard required. Minimum required side
building set back shall be not less than 25
feet.
(H) Rear yard required. Minimum required reams
building set back shall be not less than 50
feet.
- Sect-ion 3. This ordinance shall be and it is hereby
declared to be in full force and effect from and after thirty (30)
days after the date .of its passage, 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 of
Supervisors voting for and against it in the Oroville Mercury, a
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newspaper published in the County of Butte, State of California.
.. PASSED. AND. ADOPTED .by .the Butte..County Board_ of Supervisor
this 16th day of January, 1979, by the following vote:
AYES: Supervisors Dolan, Moseley, Wheeler, Winston and
Chairman Lemke
NDES:
ABSENT:
NOT VOTYNG:
ROBERT E. LEMK hairman of the
Board of Supervisors
ATTEST:
CLARK A. NELSON, County Clerk and
ex-officio Clerk of the Board
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By :::~
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