HomeMy WebLinkAbout2073ORDINANCE NO. 207;
2
3
4
1
AN ORDINANCE ZONING A PORTION OF THE .COUNTY OF
BUTTE, STATE OP CALIFORNIA, A "TP-150" (TIMBER
PRESERVE) DISTRICT, PURSUANT TO CHAPTER 24-Z9.
The Board of Supervisors of the County of Butte, State of
Galif.ornia.,.under and pursuant to.chap.ter..24-29 of the Butte..Co.unty.
....
Code of said County DO ORDAIN as follows:
SECTION 1. The hereinafter described area situated in
5 the County of Butte, State of California, shall be and it is hereby
6 zoned as a "TP-160" {Timber Preserve - 150 acre parcels) District,
7 and such area shall be subject to the restrictions and restricted
S ses and regulations hereinafter specified and provided.
9 Said area so zoned being located in the unincorporated
10 ~~area of Butte Gaunty, Oraville, mare particularly described as
I1 1lfollaws
12 The SW 1/4 of the SW 1/4 of Sec. 3, T20N R5E,
MDB~M.
13
Containing 41 acres, more or less, northeast of Oroville,
14
15 SECTION 2. REGULATIONS FOR A !'TP-i50" DISTRICT:
lg The following regulations shall apply in a "TP-160"
17 District.
18 {A) USES PERMITTED:
19 1. Camp atible uses, which are any uses that do not
20 sa.gnificantly detract from the use of the property
21 for, ar a.nhibit, growing and harvesting timber, and
22 shall include, but not be limited to the fallowing,
23 unless in a specific instance such a use wauld be
24 contrary to the preceding definition of compatible
~ use.
26 a. Housing units that would be compatible to timber
-1-
i
2
3
4
5
6
7
8
9
10
I1
12
13 II
~.4
15
16
17
18
is
20
21.
22
23
24
26
26
uses.
.. - b , _ Management for...water-shed.
c. management for fish-and wildlife habitat or hunt-
ing and fishing.
d. A use integrally related to the growing, harvest-
ing and processing of forest products, including
but not limited to roads, log landings, and log
storage areas.
e. The erection, construction, alteration, or main-
tenance of gas, electric, water, or communication
transmission facilities.
f . Grazing,
g. A4ining, or any use integrally related 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, contig-
uous meaning two ar more parcels of land that are
adjoining or n~ighbaring 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 (ibex as determined by the
Gounty Assessor at least 1S cubic feet per acre,
('C) ZNGLUSION STANDARAS:
The paxcel or parcels to be included in the Timber
-2 -
Z
2.
3
4
5
6
7
8
9
ZO
11
12
13
I4
15
1B
17
18
19
20
21
22
23
24
25
2B
Preserve Zoning District shall comply with the follow-
_.
ing...criteria; . __. _ .. _. . .
1. A map shall be prepared showing the legal descrip -
ian or assessor's parcel number of the property
desired to be zoned.
2. A plan for forest management must be prepared or
approved, as to content, for the property by a
registered professional forester. Such plan shat
provide for the eventual harvest of timber within
a reasonable period of time, as determined by the
preparer of the plan.
3. The parcel shall meet the timber stocking standar
set forth in ~545~1 of the Public Resources Cade
and the forest practice rules adopted by the
State Board of Forestry for the district in which
the parcel is located, or 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.agxeement, the Board of Super-
visors shall determine whether the parcel meets
the timber .stocking standards in effect on the
date the agreement was signed. Tf the parcel
fails to meet the timber stocking standards, the
Board of Supervisors shall immediately rezone
-3-
1
2
3
4
5
6
7
8
9
1Q
11
12
13
14
15
16
17
18.
19
20
21
22
23
24
26
2B
the parcel and specify a new zone for such parcel
I _ which..is .in.. confarmance_.~~rith ahe County General. .._.
_..... .
Plan and whose pr...... _. ... .~ __.. m.~.. _.....
unary use is other than timber
land.
4. The parcel shall be privately owned land, or land
acquired far State Forest purposes, which is de-
voted to and used for growing and harvesting timb r
and compatible uses, and which is capable of grow
ing an average annual volume of woad fiber of at
least 15 cubic feet per acre,
5. The parcels shall be in compliance ~Tith the comma
patible uses as set forth in Part (a) of this
section.
6, The land shall be of Site Quality TV or better,
as described in X434.5 of the Revenue and Taxatio
Gode, for purposes of valuation.
(D) ADI]ITTON:
Notwithstanding Part (b) of this section, recently
aca~uired land may be added to an existing Timber Pre-
serve Zoning District regardless of the parcel size,
if the addition i.s under the same ownership and is
capable of growing l5 cubic feet per acre of wood
fiber.
(D) Parcels zoned as "TPZ" Timber Preserve Zoning Distri
may not be divided .into parcels less than 160 acres
unless owners of resulting parcels submit a joint
-4-
1
_ .. 2
3
4,
5
8
7
8
9
~.o
11
12
13
14
15
16
17
18
I9
20
21
timber management plan prepared by ox approved as to
_ . content _by .a reg~:stered prof ess~~:ona1 _forestex; and _ ...
such owners enter into a binding contract with the
Board of Supervisors to manage and harvest timber an
the timberland jointly, and are bound by the provisia s
of such management plan far a minimum of 10 years.
(F} FRONT YARD. REQUIRED:
Minimum required front building setback shall be not
Tess than 5~ 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 min-
imum required front building setback shall, not be les
than fifty-five (55} feet from the centerline of the
road.
(G} SIDE YARD REQUIRED:
A~a_nimum required side building setback shall be not
less than twenty-five (25} feet.
[H} REAR YARD REQUIRED;
Minimum required rear building set back shall be not
less than fifty (50} feet.
SECTION 3. AlI uses of land wibhin the district not
22 pecifically authorized and permitted axe prohibited.
23 SECTION 4. Tn compliance with t$e provisions of said
~ utte County Code, Chapter 24, the same is hereby amended by adding
~ his Ordinance in full.
26~~ SECTION 5. The penalties for the violation of the zoning
-5-
l~
.. 2
._ ..
3
hereby imposed within the district shah be as provided in the
Butte-County Code, Chapter- 24, this---Ordinance shall from .and .after ..
its effective date become a supplement to and part of the Butte
4 ~~County Code, Chapter 24.
5 ~j SECTION 6. This Ordinance shall be and it is hereby
e ~~declared to be in full farce and effect from and after thirty (30}
7 days after the date of its passage, and before the expiration of
8 fifteen (l 5} days after its passage, this Ordinance shall be
91I~ublished once with the names of the members of the Board of
lp Supervisors voting for and against it in the Oraville rsercury, a
11 e~=spaper pub~.ished i.n the Caunty of Butte, State of California.
12 PASSED AND ADOPTED by the Board of Supervisors of the
13 County of Butte, State of California, on the 29th day of January,
14 ~~I980, by the following vote:
16
17
1$
19
20
23
24
26
26
15 11AYES : Superv~.sars Doan, Moseleq, Wheeler, Winston and Chairman ~mke
S : None
N'1' : None
VOTING : None
2I TTEST:
22
ROBERT E, LEMKE, Chairman
Butte County Board of Supervisors
CLARK A. NELSON,.Count7T Clerk-Recorder
and Ex-officio Clerk of the Board
By 4[ .
..~_