HomeMy WebLinkAbout2167
ORDINANCE N0. 2167
AN ORDINANCE AMENDING CHAPTER 24 OP
THE BUTTE COUNTY CODE
1 The Board of Supervisors of the County of Butte, State of
2.. Californ.~.a_,_,UQ..ORDALN, .as_._~ol,,lows: _ _ ..
• 3 SECTION 1. Section 24-72 of the Butte County Code.. is
4 hereby amended to read as follows:
5 X24-72. A-5 (Agricultural) Zones.
6 (A) Uses Permitted:
7 1. One single-family dwelling per parcel.
8 2. General farming, horticulture, commercial livestock,
g poultry production, warehousing and storage.
ZO 3. Accessary buildings and uses pertinent to the permit-
11 ted uses, including agricultural processing plants.
12 4. Housing facilities (including mobile homes) to accom-
13 modate only agricultural employees and their families
14 employed by the owner or operator of the premises;
15 and provide further that such housing facility sha11
16 be considered accessory to the main building and
17 shall conform to the provisions pertaining to require d
18 yard and open space for dwellings.
1g 5. Mobile homes to house one family when such mobile
20 home is the only housing facility located on the
21 premises, provided the following conditions are con-
22 formed to:
23 {a) The. floor area within the mobile home shall not
24 be less than five hundred (500) square•feet.
2S (b} The parcel of land conforms to section 24-7Z(G}
2g (Minimum lot area of five (S) acres), or a
l-
2''
3
4
S
B
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
smaller parcel of land lawfully created.
- {B) Uses- requiring use permits :_. The following .uses--are -..
permitted subject to securing a use permit in each
case:
1. Golf courses and country clubs.
2, Public or quasi-public uses including churches, fire-
houses, hospitals, and clinics, parks and playgrounds
schoal.s, public utility buildings,
3. Segregation of homesites, pursuant to the require-
ments of Section 24-54.
4, Segregation of agricultural processing uses, pursuant
to the requirements of Section 24-55.
(C) I~Iinimum lot area required: The requirements of
Section 24-33 of this Code notwithstanding, the
minimum lot area in A-5 zones shall not be less than
five (5) acres .
SECTION 2, Section 24-75 of the Eutte County Code is
hereby amended to read as folloi,~s:
X24-75, A-10 (Agricultural) zone.
(A) Uses permitted:
1. One single-family dwelling per parcel, including
mobile homes.
2. General agricultural farming, horticulture, commercit
livestock, poultry production, grog=ing and harvesting
forestry products, warehousing and storage.
3. Accessory buildings and uses pertinent to the ~~.
~l
-2-
permitted uses, including agricultural processing
plants,.. . _ _... _.__ _.... __... _
4. Housing facilities [including trailers) to accom-
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
23
2B
modate only employees and their families employed by
the owner or operator of the premises; and provided
further that such housing facility shall be cansidere
accessary to the main building and shall conform to
the provisions pertaining to required yard and open
space for dwellings .
5. Mining, quarrying, commercial excavation and wood
processing plants.
6. Hunting and fishing camps, including those which
accommodate recreational vehicles and travel trailers,
providing that said recreational vehicles and travel
trailers sha11 not be used for year-round occupancy.
(B) Uses requiring use permits: The following uses are
permitted subject to secuxing a use permit in each
case:
1. Segregation of homesites, pursuant to the require-
ments of Section 24-54.
2. Segregation of agricultural processing uses, pursuan
to the requirements of Section 24-55.
[~} Minimum Lot area required: Minimum lot area shall
not be less than ten [10} acres.
(D) Front yard setback: Minimum front yard setback shal
be fifty [5~} feet from the centerline of the road,
-3-
1 except where the read is classified by the County as
_.__ 2 _ a .Federal..-Air Secondary...-Road, the minimum build~.ng
3 setback requirements shall be fifty-five (55} feet
4 from the centerline of the road,
~ (E} Side and rear yard required: Minimum side and reax
6 yard shall not be Tess than ten (10) feet,
7 SECTION ,3. Section 24-75 of the Butte County Code is
8 hereby amended to read as follows:
9 r24 -7S. A-20 (Agricultural) Zone.
10 (A) Uses permitted:
11 1. One single-family dwelling per parcel, including
12 ~ mobile homes.
13 2. General agricultural farming, horticulture, commercir
I4 livestock, poultry production, growing and harvesting
15 forestry products, warehousing and storage.
IB 3. Accessory buildings and uses pertinent to the permit•
17 ted uses, including agricultural processing plants.
18 4. Housing facilities (including trailers) tv accom-•
19 modate only employees and the ix families employed by
2a the owner or operator of the premises; and provided
21 further that such housing facility shall be cgnsider~
22 accessory to the main building and shall conform to
23 the provisions pertaining to required yard-and open
24 space far dwellings.
2g 5. Mining, quarrying, commercial excavation and wood
2B processing plants.
.. 4 _
fl
!d
1
2 ..
_ 3
4
5
6
7
8
9
10
I1
12
13
Z4
15
18
17
18
~.s
2d
2I
22
23
24
2~5
26
5. Hunting and fishing camps, including those which
_.. ae_cammadate recxe.ationaZ.ve.hic.les_and travel_tr.ailers
providing that said recreational vehicles and travel
trailers shall nat be used for year-round occupancy.
(B) Uses xequixing use permits: The fallowing uses are
permitted sub}ect to securing a use permit in each
case:
1. Segregation of homesites, pursuant to the require-
ments of Section 24-5A~.
2. Segregation of agricultural processing uses, pursuant
to the requirements of Section 24-55.
(C) Minimum lot area required: Minimum lot area shall
not be less than twenty (20) acres.
(D) Front yard setback: Minimum front yard setback sha11
be fifty (50) feet from the centerline of the road,
:except where the raad is classified by the Caunty as
a Federal Air Secondary Raad, the minimum building
setback requirements shall be fifty-five (55) feet
from the centerline of the road.
(E) Side and rear yard required: Minimum side and rear
yard shall not be less than twenty-five (25) feet.
SECTION 4. Section 24-81 of the Butte Caunty Cade is
hereby amended to read as follows:
X24-81. A-40 (Agricultural) Zone.
(A) Uses permitted:
1. One single-family dwelling per paxcel, including
_S
1
2
3
4
5
6
7
8
9
10
11'
12
13
14
15
16
~.7
18
19
20
21
22
23
24
23
2B
mobile homes.
-_ 2, -General agriculture fa-rmng, horticulture, commerc-ia]
livestock, poultry production, growing and harvesting
forestry products, warehousing and storage.
3. Accessory buildings and uses pertinent to the per-
mitted uses, including agricultural processing plant:
4. Housing facilities (including trailers) to accom-
modate only employees and their families employed by
the owner or operator of the premises; and provided
further that such housing facility shall be consider
accessory to the main building and sha11 conform to
the provisions pertaining to required yard and open
space for dwellings .
S. Mining, quarrying, commercial excavation and wood
processing plants.
6. Hunting and fishing camps, including those which
accommodate recreational vehicles and travel trailer.
providing that said recreational vehicles and travel
trailers shall not be used for year-round occupancy.
(~) Uses requiring use permits: The following uses are
permitted subject to .securing a use permit in each
case
1. Segregation of hamesites, pursuant to the require-
ments of Section 24-54.
2, Segregation of agricultural processing uses, pursuan
to the requirements of Section 24-SS .
~~
-5-
1
__ 2
3
4
5
6
7
8
9
10
11
12
13
I.4
15
lfi
17
18
19
20
2I
22
23
24
2S
2B
(C) Minimum lot area required: Minimum lot area shall not
be.less khan forty (4p)...-acres. _': ._
(D) Front yard setback: Minimum front yard setback shall
be fifty (50) feet from the centerline of the road,
except where the road is classified by the County as
a Federal. Aid Secondary Road, the minimum building
setback requirements shall be fifty-five (55) feet
from the centerline of the road.
(Ej Side and rear yard required: Minimum side and rear
yard shall not be less than twenty-five (Z 5) feet.
SECTION S. Section 2~-84 of the Eutte County Code is
reby amended to read as follows:
~2~-$4. A-160 {Agricultural) Zone.
(A) Uses permitted:
1. One single-family dwelling per paxcel.
2. General agriculture, farming, horticulture, commer-
cial Livestock, poultry production, growing and
harvesting forest products, warehousing and storage.
3. Accessory buildings and uses pertinent to the per-
mitted uses, including agricultural processing plants
4. Housing facilities {including trailers) to accom-
modate only employees and their families employed by
the owner or operator of the premises; and provided
further that such housing facility shall be consider
accessory to the main building and shall conform to
the provisions pertaining to required yard and open
-7-
1 space far dwellings.
2 _5._~ _Mining, .quarrying,__.commercial excavatian..and .wood......, ..
3 processing plants.
4 6. i-iunting and fishing camps, including those which
5 accommodate recreational vehicles and travel trailers,
g providing that said recreational vehicles and travel
7 trailers shall not be used for year-round occupancy.
g (B) Uses requiring use permits: The following uses are
g permitted subject to securing a use permit in each
lp case:
I1 1. Segregation of homesites, pursuant to the require-
12 ments of Section 24-54.
lg 2. Segregation of agricultural processing uses, pursuant
14 to the requirements of Section 24-55.
15 (C) Minimum lot area required: Minimum lot area shall nog
16 be less than one hundred sixty (l60} acres.
17 (D) Front yard requirement: A4inimum front yard shall be
18 fifty (50) feet from the centerline of the road,
19 except where the road is classified by the County as
20 a Federal Aid Secondary Road, the minimum building
21 setback requirement shall be fifty-five (55) feet
22 Pram the centerline of said road,
23 [E) Side and rear yard required: Minimum side and rear
24 yard shall not be-less than twenty-five (25) feet.
2g SECTION 6. Section 24-54 of the Butte County_Cade is
28 hereby added in its entirety to read as follows:
_g..
1
2
3
§24-54. Segregation of Homesites in Agricultural. Zones.
In the "A-5", "A_-l.Q", "A-20", "A-4D.'', and ."A-16Q" Agri-
Wultural zones the subdivision of property in order to legally
4 egregate one homesite from remaining farmland may be allowed with
6 he approval of a use permit by the Planning Commission. The
g pplication for the use permit shall include a proposed plan of
7 evelopment and use far the entire area of existing parcels, under
g he same or related ownership, containing. the site of one or more
9 xisting or proposed dwellings. The Planning Commission may grant
10 uch a use permit only after finding, in addition to the findings
I1 equired by Section 24-47, that:
1.2 1. The existing parcels shown on the development plan
1~ ogether meet the lot area requirements of the zone,
14 2. The proposed segregation and development will not
15 educe the capabilities for agricultural use of the non-homesite
18 arcel(s) and surrounding properties.
17 3. The proposed segregation and development is justified
18 r made necessary by the occupancy of homesites, ownership of
19 roperty, organizational structure of the farm business, financing
20 equirements, retirement planning, or similar circumstances.
21 4. The proposed parcels meet the requirements of the
22 County Health Department for sewage disposal and water supply.
23 5. The proposed segregation and development is consisten
24 with the policies of the butte County General Plan.
28 G. The homesite parcel is not less than ane acre and not
28 ore than two acres or the minimum lot area allowed by the County
-9-
health Department, whichever is greater.
- ..Prior o-..the division being effective, _the owner or owned '•
of the property included in the approved development plan shall
execute and cause to be recorded in the office of the Recorder of
9
-~ 10
11
12
13
14
15
17
18
19
20
21
2g
2B
Butte County a restriction binding upon the original owners and
their heirs, successors and assigns, which disallows additional
dwellings from being located on the property until either of the
8 Nfollowing conditions occur:
a. The property is rezoned to any other zone; or
b. At least ten (10) years has elapsed from date of
recordation and the Commission finds circumstances
regarding said property and other properties in the
area have changed sufficiently to reconsider the
restriction.
SECTION 7. Section 24-55 of the Butte Gaunty Code is
reby added in its~• entirety to read as follo~vs:
X24-55. Segregation of Agricultural Processing uses in
icultural Zones.
In the ''A-5", "A-10", "A-20", "A-40", and "A~r160" Agri-
ultural zones, the subdivision of property in order to legally
egregate one parcel of one-to-five acres may be allowed with the
22 pproval of a use permit by the Planning Commission if the parcel
23 's to be used for one or more of the following agricultural accesso
24 Ikz s e s
~.. 1. Agricultural processing plants.
2. Warehousing and storage of agricultural products.
_lfl_
1 3. Processing of flammable substances produced from
2 gricultural products gr.o.wn . an .premises_.
_..
3 The application for a use permit shall include a proposed
4 tan of development and use for the entire area of the existing
5 arcel{s) under the same or related o~~mership, containing the
g xisting or proposed site of such use. The Planning Commission may
? rant such a use permit only after finding, in addition to the find-
g 'ngs required by Section 24-47, that:
g 1. The parcels shown on the development plan together
~0 eet the lot area requirements of the zone.
~~ 2. The proposed segregation and development will not
12 educe the capabilities for agricultural use of the surrounding
13 roperties .
14 3. The proposed segregation and development is justified
15 r made necessary by the occupancy or ownership of property, organ
16 izational structure of the business, financing requirements, retire
17 ent planning, or similar circumstances.
18 4. The proposed parcels meet the requirements of the
19 County Health Department for sewage disposal and water supply.
20 S. The proposed segregation and development is consis-
21 tent with the policies .of the Butte County General Plan,
22 Prior to the division being effective, the owner or oz,~er
23 of the property included in 'the approved development plan shall
24 execute and cause to be recorded in the office of the Recorder of
25 Butte County a restriction binding upon the original owners, their
26 heirs, successors and assigns, which disallows additional buildings
-ll
1 from being located on the property until either of the following
2 conditions oecur:...._ _. ____ _..
3 a. The property is rezoned to any other zone; or
4 b. At least ten (ld) years has elapsed from date of re-
5 cordation and the Commission finds circumstances regarding said
6 roperty and other properties in the area have changed sufficiently'.
? o reconsidex the restriction.
g SECTION 8. This Ordinance sha11 be and it is hereby
9 eclared to be in full force and effect from and after thirty (30)
14 ays after the date of its passage, and before the expiration of
11 iftaen (15) days after its passage, this Ordinance shall be
12 ublished once with the names of the membexs~of the Board of
13 upervisors voting for and against it in :a newspapers of general
14 irculation in the County of Butte, State of California.
15 PASSED AND ADOPTED by the Board of Supervisors of the
16 ounty of Butte, State of California, an the 25th day of November
17 ggp, by the following vote:
18 YES: Supervisors Dolan, Moseley, Wheeler, Winston and Chairman
Lemke
29 OES: None
20 BSENT: None
21 OT VOTING: None
22 _ _ _
23 - - -
24 - -
25 - - -
26 - -
-12_
1
2..
3
4
S
6'
7
8
9
10
I1
12
13
14
15
is
17
18
is
20
21
22
23
24
2°S
28
~_... .. ..... _ __... ROBERT. E . L~MICE , _hairman ._ . .
Butte County Board of Supervisors
4TTEST : CLARK A . NELSON , County Clerk-Recorder
and Ex-officio Clerk of the Board
By .
-13-