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ORD~NANCE NQ. 273~
AN ORDINANCE AMEND~NG CHAPTER 24 OF THE BUTTE COUNTY
CODE
The Board of Supervisors of ~he County of B~tte, State
of Califoznia, unaer and pursuant to Section 24-29 of the Butte
Caunty Code, DOES ORDAIN, as fol.lows:
SECTION 1.. Section ~4-~4 of ~he Butte County Code is
hereby amenaed to read as follows:
SECTTON 24-54 SEGREGATTON OF HOMESTTES IN AGRICULTURAL
ZONES
(a) Purpose and Intent
It is the pu~pose anc] ~ntent of this orc~inance to allow
the segregation of one (1) existing home in the agricultural
zones providing that the p~oposed seg~egatifln meets certain
criteria as specified in this Article.
( b ) Definiti.ons
(1} Cont~ ous
Cont~.guous parcels a~e any two properti.es which share a
mutual boundary. Property sha].~ be considered as contiguaus
units, even if it is separated by ~oads, stree-~s, utility
easements or railroad r.~ghts-of-way, per Government Coc3e
Section 66424.
(2) Re~a~ed ~wner~hi
Relatea awnership is ownership by the applicant or by a
partnership or corpo~ation in. which the appl.icant is a partner,
principal, a~.rector, o~£icez or shareholc~er. Partnerships or
corporatians shall mean on~.y those partnErships and
corporata.ons which are recognized, established ar authorized to
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do business under the laws of the State af Ca~ifornia.
(C} Permit~ed Uses
In the Agricultural zanes (A~~ through A-160), exc~~ding
parcels of five ~5) acres or smaller, ~he subdivision of
praper~y in order to legally Segre~ate one (~) home (an
existing primary ~esidence) f~om the remaining farmland may be
allowed upon the approval and issuance of a Use Perm~t by the
Planning Commission. The app~ication for the Use Pe~mi~ shall
include a plan of development. All existing dwellings and
other existing and/or p~oposea structures shall be shown on the
p~an. In addition, natu~al o~ man-made creeks, ~~ains or
canals should be shown. the Planning Commission may grant such
a permit only after find~.ng, in adc7i~ion to the fa.ndings
requi~ea by Section 2~--47, that all ~he following conditions
(1-6) are met:
(1) The parcel to be createcl ~.s to a~.~.ow an owner, who.
far a minimurrt of 10 continuous years immediately prior to
application, has resided upon and farmed the subject property,
to retain the existing home and conti~ue the remaining acreage
a.n agricul~ural use.
(2) The existing parcel(s) shown an the plan of
development together meet the parce~. area requirements of the
zane. If there are contiguo~s pa~cels under related ownership
only enough pa~cels must be incl~ded in the p~an ta meet the
acreage ~equirements of the exis~ing zone.
(3) The proposed segregation will not ~educe the
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capab~lities for agricultural use of the ~on-home parcel and
surrounding proper~ies.
(4) The proposed segregated parcel me~ts the
requirements of the County Hea~th Department tor sewage
disposal and wa~er supply.
(5) The p~oposed s~gregation is cons~s~~nt with the
policies of the Butte. Caunty General Plan because of the
covenant requirea in Section 24-54{d).
(5) The ex~sting home parce~ being seg~egated is na~
less than one (1) acre ana not more than two (2) acres or the
minimum lot area al~owed by the Coun~y Health Department,
whicheve~ is g~eater.
(d) Other Standards_and Requirements
Priar to the division being ~ffective, the owner or
owners of the prope~ty included in the approved development
plan shall execute and cause ~o be recoraed in the office of
the Record~r a covenant binding upon the orig~nal owners and
their heirs, successors and assigns, which disallows aaditional
dwellings from being located on the agricultural property ar
the agricultural segrega~ion parcel.
Th~ Use Per~it and covenant shall be in force for ten
(10) years minimum from the time of recard~ng of the cavenant
at the Recarder's Office and will co~tinue un~il ~he applicant
applies far termination or partial term~na~ion thereof.
Applicatians for ~ermination or pa~tia~ termination sha11 be
cons~d~red in the same manner as applications for use permits
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pursant to Section 2~-43 through 24-48 of the Butte Coun~y
Code. The Plann~ng Commission optians for act~on an such
applicatian are:
(1) Terminate or partially tezminate the covenant and
~emave co~ditions from Use permit. Applications for
termination or pa~tial term~~ation to be accompanied by the tee
set by Resolution by the Board a~ Supervisors to be deposit~d
in the County genexal fund, no part of which shall be returned
to the applicant.
(2) Extend the covenant fo~ a period not to exceed ten
(~0} years.
(3} Consider the area for change in designation f~om
Orchara and Field Crops, Grazing and ~pen Lana or Agricul~ural-
R~sidential to a non-agricultural designation unde~ the Gen~ra~
Plan.
The Use Permit and covenant shall be in force far ~he
agr~ec7 upon time un~.ess the General P~an is amenaed anc3 the
prope~ty in question is no longer designated agric~ltural. ~f
this sho~ld occur, the applicant may apply for terminatifln of
the covenant.
(e) Special Notes
Tt shall be the duty of th~ seller or h~.s agent to
inform any poss~ble buye~ or his agent of the existence of the
covenant and of its tezms.
The covenant shall be in a farm appraved by County
Counsel.
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SECTIDN 2. Section 24-55 0~ the Butte County Code is
hereby amended to ~ead as follows:
SECTION 24-55 SEGREGATIQN OF AGRICULTURAL PROCESSING
USES TN AGRICULTURAL ZONES
( a ) Purpose anc] Tr~ten~
It is the purpose and intent of this ordir~ance ~o allaw
the segrega~ion of existing agricultural processing uses i.n the
agricultural zanes providing that the proposed segregation
m~ets certa~in cr~.ter~.a as spec~.fied in this Article.
( b } ]7efinitions
(l) Agricultu~al P~oducts
Agr~cultural products are the result of cultivating,
harvesting and/or raisi~.g orchards, fi~ld C~OPS and/or
lives~ock. Refer also to definition of Agricultural.
(2) A ricultura~. Processin Plant
An accessory use to agriculture ~or prepa~ation of
harvested corps in their natural state, for desirous
marketabi~~.~y, sueh as nut hulling plants, prune dehydarators
and the supply, service, storage, ancl receiving stations of
such products. The above uses shall not include stockyards,
commercial feed yards, canneries, slaught~rhouses, ferti].izer
works or plants for the reduction of animal matter.
(3) Cantiguaus
Contiguous parcels are any two properties which share a
m~tual bounda~y. Property shall be considered as con~3guous
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un~ts, even if it zs separate by roads, streEts, u~ility
easem~nts o~ railroad rights-of-way, per Government Cade
Section 66424.
(4) Related Own~rship
Rela~ed awnership is ownership by the applicant or by a
partnership or corporation in which the applicant is a pa~tner,
principal, officer or shareholder. Partnerships or
corporations shall mean on~y thase partnerships and
corporations which are recogniz~d, established or authorized to
do business under the laws of the State~af Califo~nia.
(c) Permitted Uses
Tn the Ag~icultural Zanes (A-5 through A-160}, excl~ding
parcels af ten (10) acres or smaller, the subdivis~on of
property in order to legally s~gregate one, (1) exis~~.ng
agricul.tt~ral processing site may be allowed upon the approva~.
and issuance o~ a Use Permit by the Planning ComFnission. The
application for the Use Permit shall include a plan of
aevelopment. All ~xisting dwellings and ather existing and/or
p~oposed s~ructures shal~ be shown on the p~an. ~n addition,
natural or man-made creeks, drains or canals should be shown.
The Planning Commission may grant such a permit only af~er
finding, in adaition to the findings requirec7 by Sec~ion 24-47,
that all the fo].lowing canditions (1-5) are met:
(1) The exis~ing parcel(s) shown on the plan of
development ~oge~her mEet trxe parcel area requ~rements of the
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zone. Tf the~e are contiguous parcel.s under related ownership,
on7.y enough parcels m~zst be includ~d in ~he plan ~o meet the
acreage requi~ements of the exis~i~g zone.
(2) The proposed seg~egation will not reduce the
capabil~.ties fo~ agr~cultu~al use o~ the non-agricul~ural
px~ocessing parcel(s} anr3 surrounding p~operties.
(3} The proposed parcels mee~ the requirements of the
County Health Department for sewage disposal and water supply.
(4) The proposec7 seg~egation is consistent with the
policies af the Butte County G~neral Plan because of the
covenant ~equi~rea in Section 24--55(d).
(5) The agr~cultural processing parce~. is not less than
one (1) ac~e ana not more than five (5) acres, or the m~.nimum
lot area allowed by the County Health Department, whiChever is
g~eater.
(d) Other Standards and Re irements
~rior ta the division be~ng e~fective, the owner or
owners of the p~ope~ty included in the app~ovec~ c~evelopment
plan shall ex~cute and cause to be recordec] in the office of
~he Recorder, a cove~ant bind~ng upon ~he original awners and
their heirs, successors and assigns.
The Use Permit and covenant sha1.~. be in farce far ten
(10) years f~om the time of ~ecorc3ing af the covenant ~.n ~he
Recorder's Office ana wa.ll cantinue until the appl.icant applies
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for termination or partial termination shall be considere~ in
the same manner as applications for use perm~ts, pursuant to
Section 24-43 through 24-48 of the Butte Caunty Code. The
Plann~ng Cornmission optians for action on such application are:
(1) Terminate or pa~tially terminate the covenant and
remove condi~ions from Use Permit. Applications far
term~nation or partial termination to be accompanied by the fee
set by Reso~ution of the Board of Supe~visors to be deposited
in the County General fund, no part of which shal~ be returned
to the applicant.
(2) Extend the covenant for a period not ~o exceed ten
(10) yea~s.
~3) Consider the area for a ehange in designation from
Orchard and F,~eld Crops, Grazi.ng an~ Open Land or Ag~icultural-~
Resic~en~ial to a non-agricu~.tural designatio~ unc]er the G~ne~a1
Plan.
The Use Permit and ca~renant shall be in fiorce for the
agreed upon ~time un~.ess the General Plan is amenc7ed and the
prope~rty in question is na ].onger designated agricultura~. If
th~.s shoulc3 occur, ~he applicant may apply for term~.natian of
the covenant.
(e) Special Notes
It shall be the duty of ~he seller or his agent to
info~rn any possible buyer o~ his a~ent o~ the existence of the
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cavenant and of its terms.
The cavenant shall be in a form approved by Caunty
Counsel.
(f) Allowable AcCessor Uses in Se re ated A ricultural
Processing Sites
l. AgriCUltural processing plants, i.e., hullers,
dryers, etc., where processing ~.s done for owner's crops and on
consignment.
2. warehousing and storage of ag~icultur~al products.
3. Processing of flammable subs~ances such as gasohol
or methanol p~oauced from agricultural products. (Th~s use
wi11 require spec~.al permits from ~he Fire Marshal.)
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SECT~~N 3. This Ordinanee shall be and it is hereby
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decla~ed to be in full force and effect from and afte~ thzrty
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(30) days after the date o~ its passage, an~ b~~ore the
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expiration of fifteen (15) days after its passag~, this
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Or~inance shall be published once with the names of the members
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of the Board of Superv~sors voting for ana against it in the
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Oroville Mercury a newspaper published in the County of
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Sutte, State of Cal~fornia.
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PASSED AND ADOPTED by the Board of Supervisors ot the
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County of Butte, State of Cali~ornia, on the 24th day of~anuary
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, 1989, by ~he following vote:
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AYES : Supervisors f~cTr~~urf, Vercruse and Chai rman Ful ton
~2 None
NOES:
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ABSENT : Supervi sors Dol an and Mcta~ hl ~ n
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NOT VOTING: lVone
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~~ L . Ft3LTQN IR
Bu te Caunty Boarc3 of Supervisors
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~$ ATTEST: MARTIN J. NZCH~T~S, Chief Adminis~rative
Officer and Clerk of the Board
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2o By ~
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