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Ordinance No.29~8-
AN ORDINANCE AMENDING SECTION 24-202
OF THE BUTTE COUNTY CODE TO ALLOW SECOND DWELLINGS BY
USE PERMIT FOR PERSONS 62 YEARS OF AGE OR OVER
The Board of Supervisors of the County of Butte, under and
pursuant to Section 24-29 of the Butte County Code, ordains as
follows:
Section 1. Section 24-202 of the Butte County Code is hereby
amended to read as follows:
Section 24-202. CONSTRUCTION OF ADDITIONAL DWELLING UNITS.
(a} Notwithstanding any provision to the contrary in this
chapter, the zoning classifications listed in Chapter 24 of the
Butte County Code which allow residential dwellings, including
but not limited to those listed in subsection (e} below shall
allow a second dwelling unit, as defined in Government Code
Section 65852.2 (e)(3), subject to securing a conditional Use
Permit in each case and meeting the following conditions,
standards, and requirements set forth below.
(b) Conditions:
(1.) The lot or parcel on which the second unit is proposed
contains an existing single-family dwelling unit.
(2) The applicant is an owner-occupant.
(3} The area of the floor space of a detached second
dwelling unit is not to exceed one thousand two
hundred (2,200) square feet of living area, as
defined in Government Code Section 65852.2(e}(1).
(4) The area of the floor space of an attached second
dwelling unit is not to exceed thirty (30) percent of
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the existing living area, as defined in Government
Code Section 65852.2{e)(1).
(5) The second dwelling unit is intended far the sole
occupancy of one (1) adult 62 years of age or aver or
. two (2} adults persons, one of wham is sixty-two
{52) years of age or over.
(6) The proposed additional unit is not intended for sale.
(c) Standards•
The Planning Commission, when reviewing an application for a Use
Permit for a second dwelling unit pursuant to this section,
shall consider the following factors to ensure that the location
and configuration of such proposed unit shall be harmonious with
the site and with surrounding-sites and structures:
{1) Adequacy of water services.
(2) Adequacy of sewer services and wastewater disposal
capabilities.
(3) Drainage impacts.
(4} Disruptions of viewsheds.
(5) Appropriateness of setbacks, site coverage, building
heights, and vehicular and pedestrian circulation and
parking.
(6} Relationship to abutting or adjacent sites.
(7) Relationship to natural site amenities.
(8} Scale, mass, bulk, and proportions of second dwelling.
(9) Consistency of building materials and detailing with
other structures on the site.
{7.0) Relationship of other structures and accessory elements
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on the site.
(11) Construction standard of the second dwelling unit must
meet the construction standard requirements of the
primary dwelling as set forth by the zoning
classification.
{12} Consistency of the zoning classification with the
County General Plan.
(d} Submittal. Re uirements
An Applicant shall submit an application for a Use Permit
pursuant to Section 24-45. Additional supplemental information
or material may be required for projects located on
environmentally sensitive sites. The following information shall
be included on all plot plans:
(1) Vicinity map indicating project location.
{2) North Arrow.
(3} Scale (not less than 1" = 30'}.
{4) Building Outlines (indicate square footage).
{5) Contour lines (areas with slopes over 20~}.
(6) Paved areas (indicate paving materials).
(7) Fencing and Walls.
{8) Easements.
(9} Assessor's Parcel Number.
(10) Site Street Address.
(11} Zoning.
{12) General Plan Designation.
{13) Density in dwelling units per acre.
{14) Acreage of site.
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(15) Building elevations of all structures on the site
(which include north, south,-east, and west elevations).
(16) Show relationship of second dwelling unit to surrounding
buildings and structures on and off site.
(17) Any other site plan information which would assist in
the evaluation of the project should be included.
{e) A livable Zonin Classifications. The provisions of
this section shall apply to the following zones:
A-2 Ltd. (Limited General)
A-5 {Agricultural)
A-10 (Agricultural)
A-15 (Agricultural)
A-20 (Agricultural)
A-~0 (Agricultural).
A-160 (Agricultural}
AR (Agricultural-Residential)
AR-1/2 {A ricultural-Residential
AR-1 (Agricultural-Residential)
AR-2-1/2 (Agricultural-Residential)
AR-5 (Agricultural-Residential)
AR-10 (Agricultural-Residential)
AR-MH (Agricultural-Residential-Mobile Home)
AR-MH-1 (Agricultural-Residential-Mobile Home)
AR-MH-2-1/2 (Agricultural-Residential-Mobile Home)
AR-MH--3 (Agricultural-Resident~.al-Mobile Home)
A-SR (Agricultural-Suburban Residential)
FR-1 {Foothill-Recreational)
FR-2 (Foothill-Recreational)
FR-3 (Foothill-Recreational)
FR-5 (Foothill-Recreational)
FR-10 (Foothill-Recreational)
FR-20 (Foothill-Recreational)
FR-40 (Foothill-Recreational}
FR-160 (Foothill-Recreational)
H-C (Highway Commercial)
MHP (Mobile Home Park)
M-R (Mountain or Recreation Subdivision Residential)
N-C (Neighborhood Commercial)
PUD (Planned Unit Development)
R-~. {Single Family Residential}
R-1 A&C (Minimum Density Residential Arts & Crafts)
R-MH (Residential-Mobile Home)
R-N (Residential Nonconforming)
RPO (Residential-Professional Office District)
RT-1 (Mini.mum Density Residential Mobile Home)
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RT-1/2 (Minimum Density Residential Mobile Home)
RT-Y-A (Minimum Density Residential-Trailer}
S-H {Scenic Highway)
S-R (Suburban-Residential)
SR-1/2 (Suburban-Residential}
SR-1 (Suburban-Residential}
SR-3 {Suburban-Residential}
SR-5 {Suburban-Residential}
TM-1, (Timber Mountain}
TM-2 (Timber Mountain)
TM-2 1/2 (Timber Mountain)
TM-3 (Timber Mountain}
TM-5 {Timber Mountain)
TM-1D (Timber Mountain}
TM-20 (Timber Mountain)
TM-40 (Timber Mountain)
TM-150 {Timber Mountain)
U (unclassified)
Section 2. Severabilit Zf any part of this ordinance shall be
held void by a court of competent jurisdiction, such part shall
be deemed severable, and the invalidity thereof shall not affect
the remaining parts of this ordinance.
Section 3.
This Ordinance shall be and it is hereby declared to be
in full farce 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 Orovi ~ le Mercury a
:newspaper published in the County of Butte, State of California.
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PASSED AND ADOPTED by the Board of Supervisors of the County
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of Butte, State of California, an the ~~ day of
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August ,,,___,.,_, 1991 , by the following vote:
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AYES: Superv;sors McIr~turt, Houx, Fulton aro~ Chair Dolan
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NOES : Nose
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ABSENT: Supervisor McLaughl i n
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NOT VOTING: None
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I~ DO , Chair of e
But County Board of Supervisors
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ATTEST: _
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WILLIAM H. RANDOLPH, Chief A~i~riistrative
I3 Officer and Clerk of the Board
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I~ (zoning.ord}
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