HomeMy WebLinkAbout3163-Correctedi
2 Corrected Ordinance No. 31.63
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 Section 1. Section 24-21 of the Butte County Code is amended by adding
10 subsection 24-21.375 to read as follows:
11 "24-21.375 Second Unit: A Second Unit is a second dwelling located
12 on a parcel or lot, which is attached to or detached from an existing
13 primary residence. "
14 Section 2. Section 24-202 of the Butte County Cade is amended to read as
15 follows:
16 "24-202. Second Unit.
17 (a) Purpose and intent - The purpose and intent of this section is to
18 provide clear and concise provisions for the location and
19 construction of second-units in conformance with Section 55852,2
20 et seq. of the California Government Code, while preserving the
21 r character and integrity of single family residential zones in the
22 County and to conform to the policies of the Butte County General
23 Plan.
24 (b) Use Permit requ_ired_
25 A Second Unit shall be permitted in all zoning classifications
26 which allow single family residential dwellings, as a conditional
27 use, subject to obtaining a Use Permit.
28
1
1 (c) Standards and conditions:
2 Sec ond units shall meet all of the following conditions and
3 sta ndards:
4 1. The Second unit shall be attached to the primary residence or
5 may be a separate, on-site, detached dwelling.
6 2. An attached Second unit shall be architecturally compatible
7 with the primary residence, and the appearance of the building
8 shall be that of a single family dwelling.
9 3. The size of an attached Second unit shall not exceed 640 square
10 feet or 30% of the size of the primary dwelling, whichever is
11 greater, but in no case shall the Second unit exceed 1200
12 square feet. A detached Second unit shall not exceed 1200
13 square feet.
14 4. The parcel or lot upon which the Second unit is to be located
15 must meet the minimum acreage requirement for which the parcel
16 or lot is zoned.
17 5. In addition to the off-street parking required for the primary
18 dwelling, one off street parking space shall be provided for
19 Second units of 540 square feat or less; twa additional off
20 street spaces shall be provided for larger units.
21 &. An attached or detached garage or carport with a maximum
22 exterior dimension of 12' by 20' is permitted for Second units
23 of 64o square feet of less. A garage or carport with a maximum
24 exterior dimension of 20' by 24' is permitted for larger Second
25 units.
25 7. Adequate sewer and potable water facilities shall be provided
27 as determined by the Butte County Environmental Health
28
2
1 Department.
2 8. A Second unit may not be placed on a parcel or lot where a
3 temporary mobile hams, in accordance with Section 24-303 and
4 304, has been approved or on a parcel ar lot that has more than
5 one dwelling unit located upon it.
6 9. Either the existing single family dwelling or the Second unit
7 shall be owner occupied. Verification of ownership shall be
8 required prior to permit issuance and annually thereafter by
9 submittal of a declaration in a form specified by the Director
10 of Development Services or designee.
11 Section 3. Section 24-303 of the Butte County Code is amended to read as
12 follows:
13 "24-303. Temporary Mobile Homes
14 {a) Purpose and intent - The purpose and intent of this Section is to
15 allow the temporary installation of one single wide or double wide
16 mobile home to facilitate the care of a person who by reason of
17 old age, disease {either mental or physical), infirmity or other
18 cause, is unable, unassisted, properly to manage and take care of
19 himself or herself or would benefit from familial assistance, and
20 to allow such person to reside near close relatives who can help
23. care for himself ar herself. The ability to care for such a
22 person in this manner, will not only result in better care,
23 privacy, dignity and independence but will also negate in many
24 situations the necessity for public assistance which many citizens
25 find degrading and damaging to the pride of the person concerned."
26
27
28
3
1 Section 4. Section 24-304 of the Butte County Code is amended to read as
2 follows:
3 "24-304. Provisions For Temporary Mobile Hames_
4 A mobile home certified under the 1974 National Mobile Home Construction
5 and Safety Standards Act may be placed on any legal lot or parcel in any
6 residential zone subject to meeting the following provisions:
7 (a} Conditions:
S {1} An Administrative Fermit has been approved in accordance
9 with Section 24--40
10 {2) Occupancy of the mobile home shall be limited to a close
11 friend, or a relative by blood or marriage. An affidavit
12 attesting to the relationship of the involved parties shall
13 be submitted with the Permit application.
14 (3) Rent shall not be charged.
15 (4) The mobile home may be owned by either the owner of the lot
16 ar parcel on which it is placed, or the person residing
17 therein.
18 (5) The mobile home shall be served by adequate sewer and
19 water facilities, as determined by the Butte County
20 Environmental Health Department.
21 {6) The siting of the mobile home shall be exempt from the
22 site requirements of the residential zoning district,
23 except as required by this Section, and the Uniform
24 Building Cade.
25 (7} The mobile home is declared to be a temporary use on the
26 property, accessory to the primary unit and shall not be
27 placed on a permanent foundation. Additionally, a
28
4
~. temporary mobile home shall not be permitted on a lot or
2 parcel where there is an approved Second Unit.
3 {8) The permit shall be granted for a term of two years.
4 An extension of the term for the Permit ,not exceeding one
5 year, may be granted if the application for the extension
6 is filed within 60 calendar days prior to the date of
7 expiration.
8 (9) The mobile home shall be vacated upon expiration of the
9 Permit and removed within one hundred twenty (120) days
10 after the expiration of the Permit. If it is not removed
11 within one hundred twenty (120} days the County shall
12 remove said mobile home and store it at the owner's
13 expense.
14 (10) A deposit or bond sufficient to cover the removal expense
15 shall be posted prior to the issuance of the Permit. The
16 applicant shall grant Butte County the right to enter the
17 property, to remove the mobile home, and to store it at
18 the sole cost and expense of the applicant.
19 (11) The Permit may be revoked if any of the terms or conditions
2p of the Permit are violated or if any acts or omissions of
21 the permittee in connection with the use authorized by said
22 permit constitute a public nuisance.
23 Section 5. Severability.
24 If any part of this ordinance shall be held void by a court of
25 competent jurisdiction, such part shall be deemed severable, and the
26 invalidity thereof shall not affect the remaining parts of this ordinance.
27
28
5
1 Section 6. Effective Date and Publication. This Ordinance shall be and
2 it is hereby declared to be in full force and effect from and after thirty
3 (30) days after the date of its passage, and before the expiration of
4 fifteen {15) days after its passage, this Ordinance shall be published
5 once with the names of the members of the Berard of Supervisors voting far
6 and against it in the Chico Enterprise Record a newspaper
7 published in the County of Butte, State of California.
8 PASSED AND ADOPTED by the Board of Supervisors of the County of
9 Butte, State of California, on the gtih day of November 1994 ~
10 by the following vote:
11 AYES: Supervisors, Meyer, Dolan, Houx, Thomas and Chair McLaughlin
12 NOES : None
13 ABSENT: None
14 NOT VOTING : Nane
15
ED MCLAUGHLIN, air of the
1g Butte County Boa d of Supervisors
17
18 ATTEST:
19 JOHN S. BLACKLO K
Offic r and Cle of the Board
a0
By
21
2 2 ordinanc\24-202b.ord
23
24
25
26
27
28
6