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HomeMy WebLinkAbout31631 2 Ordinance No . 3I63 3 4 AN ORDINANCE AMENDING SECTIONS 24-21, 24-202, 24-303, 5 AND 24-304 OF THE BUTTE COUNTY CODE REGARDING SECOND UNITS AND TEMPORARY SECOND DWELLINGS 6 7 8 The Board of Supervisors of the County of Butte ordains as follows: 9 10 Section 1. Section 24-21 of the Butte County Cade is amended by adding 11 subsection 24-21.375 to read as follows: 12 13 "24-21.375 Second Unit: A Second Unit is a second dwelling located 14 on a parcel ar lot, which is attached to ar detached from an existing 15 primary residence. " 16 17 Section 2. Section 24-202 of the Butte County Code is amended to read as 18 follows: 19 20 "24-202. Second Unit. 21 22 (a) Puraase and intent - The purpose and intent of this section is to 23 provide clear and concise provisions for the location and 24 construction of second units in conformance with Section 65852.2 25 et seq. of the California Government Code, while preserving the 26 character and integrity of single family residential zones in the 27 County and to conform to the policies of the Butte County General 28 1 1 Plan. 2 (b) Use Permit ,required: 3 A Second Unit shall be permitted in all zoning classifications 4 which allow single family residential. dwellings, as a conditional 5 use, subject to obtaining a Use Permit. 5 7 (c} Standards and conditions: 8 Second units shall meet ail of the following conditions and 9 standards: 10 11 1. The Second unit shall be attached to the primary residence or 12 may be a separate, on-site, detached dwelling. 13 14 2. An attached Second unit shall be architecturally compatible 15 with the primary residence, and the appearance of the building 16 shall be that of a single family dwelling. 17 18 3. The size of an attached Second unit shall not exceed 640 square 19 feet ar 300 of the size of the primary dwelling, whichever is 2b greater, but in no case shall the Second unit exceed 1200 21 square feet. A detached Second unit shall not exceed 1200 22 square feet, 23 24 4. The parcel or lot upon which the Second unit is to be located 25 must meet the minimum acreage requirement far which the parcel 26 or lot is zoned. 27 28 2 ~. 5. In addition to the off-street parking required for the primary 2 dwelling, one off street parking space shall be provided for 3 Second units of 640 square feet or less; two additional off 4 street spaces shall be provided for larger units, 5 6 6. An attached or detached garage or carport with a maximum 7 exterior dimension of 12' by 20' is permitted for Second units 8 of 640 square feet of less. A garage or carport with a maximum 9 exterior dimension of 20' by 24' is permitted for larger Second 10 units. 11 12 7. Adequate sewer and potable water facilities shall be provided 13 as determined by the Butte County Environmental Health 14 Department. 15 16 8. A Second unit may not be placed on a parcel or lot where a 17 temporary mobile home, in accordance with Section 24-303 and 3.8 304, has been approved or is on a parcel or lot that has more 19 than 1 dwelling unit located upon it. 20 21 Section 3. Section 24-303 of the Butte County Code is amended to read as 22 follows: 23 24 "24-303. Tem orar Mobile Homes 25 26 (a) Pur ase and intent - The purpose and intent of this Section is to 27 allow the temporary installation of one single wide or double wide 28 3 1 mobile home to facilitate the care of a person who by reason of 2 old age, disease (either mental or physical), infirmity ar other 3 cause, is unable, unassisted, properly to manage and take care of 4 himself or herself or would benefit from familial assistance, and 5 to allow such person to reside near close relatives who can help 6 care for himself or herself. The ability to care for such a 7 person in this manner, will not only result in better care, 8 privacy, dignity and independence but will also negate in many 9 situations the necessity for public assistance which many citizens 10 find degrading and damaging to the pride of the person concerned." 11 12 Section 4. Section 24-304 of the Butte County Code is amended to read as 13 follows: 1.4 15 "24-304. Provisions For Tem orar Mobile Homes. 16 17 A mobile home certified under the 1974 National Mobile Home Construction 18 and Safety Standards Act may be placed on any legal lot or parcel in any 19 residential zone subject to meeting the following provisions: 20 21 {a} Conditions: 22 23 {1} An Administrative Permit has been approved in accordance 24 with Section 24-40 25 26 (2) Occupancy of the mobile home shall be limited to a close 27 friend, or a relative by blood or marriage. An affidavit 28 4 1 attesting to the relationship of the involved parties shall 2 be submitted with the Permit application. 3 4 (3} Rent shall not be charged. 5 6 {4} The mobile home may be awned by either the owner of the lot 7 or parcel on which it is placed, or the person residing 8 therein. 9 10 (5) The mobile home shall be served by adequate sewer and 11 water facilities, as determined by the Butte County 12 Environmental Health Department. 13 14 (6) The siting of the mobile home shall be exempt from the 15 site requirements of the residential zoning district, 16 except as required by this Section, and the Uniform 17 Building Code. 18 19 (7} The mobile home is declared to be a temporary use on the 20 property, accessory to the primary unit and shall nat be 21 placed on a permanent foundation. Additionally, a 22 temporary mobile home shall nat be permitted on a lot or 23 parcel where there is an approved Second Unit. 24 25 {8) The permit shall be granted for a term of two years. 26 An extension of the term for the Permit ,not exceeding ane 27 year, may be granted if the application for the extension 28 5 1 is filed within 60 calendar days prior to the date of 2 expiration. 3 4 (9) The mobile home shall be vacated upon expiration of the 5 Permit and removed within one hundred twenty (120) days 6 after the expiration of the Permit. Zf it is not removed 7 within one hundred twenty (120) days the County shall 8 remove said mobile home and store it at the owner's 9 expense. 10 11 (10) A deposit ar bond sufficient to cover the removal expanse 12 shall be posted prior to the issuance of the Permit. The 13 applicant shall. grant Sutte County the right to enter the 14 property, to remove the mobile home, and to store it at 15 the sole cost and expense of the applicant. 16 17 (11) The Permit may be revoked if any of the terms or conditions 18 of the Permit are viaiated or if any acts or omissions of 19 the permittee in connection with the use authorized by said 20 permit constitute a public nuisance. 21 22 Section 5. Severability. 23 If any part of this ordinance shall be held void by a court of 24 competent jurisdiction, such part shall be deemed severable, and the 25 invalidity thereof shall not affect the remaining parts of this ordinance. 26 27 Section 6. Effective Date and Publication. This Ordinance shall be and 28 6 1 it is hereby declared to be in full force and effect from and after thirty 2 (30) days after the date of its passage, and before the expiration of 3 fifteen (15) days after its passage, this Ordinance shall be published 4 once with the names of the members of the Board of Supervisors voting far 5 and against it in the Chico Enterprise , a newspaper 6 published in the County of Butte, State of California. 7 8 PASSED AND ADOPTED by the Board of Supervisors of the County of 9 Butte, State of California, on the $th day of November , 1.994 , 1,0 by the following vote: 11 AYES: Supervisozs Meyer, Dolan, Houx, Thomas and Chair McLaughlin 12 NOES: None 13 ABSENT: None 14 NOT VOTING: None 15 C c N, Chair of the 16 Butte County Board of Supervisors 17 18 ATTEST: 19 JOHN S . BLACIiLOC Offi er and Cler of the Berard 20 By d-~ ~._. 21 22 ordinanc\24-202.ord 23 24 25 26 27 28 7