HomeMy WebLinkAbout31761
Ordinanc~ Na. 3175
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3 AN ORDTNANCE AMENDING THE C~MPREHENSZVE ZONTNG ORD~NANCE
OF THE COUNTY OF BUTTE
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The Board of 5upervisors of the County o~ Butte ordains as ~allows:
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Sectian 1. The Comprehensive Zoning Ordinance of the County of Butte,
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commencing with Article IT of Chap~ex 24 of the Butta County Code, is
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amended to read as specified in ~xhibi~ A, which is attached hereto and
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incorpo~ated herein by this reference.
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Section 2. ~ Severabil~t~
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~~ any part of this ordinance shall be held vaid by a court ~f
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competent jurisdiction, such part shall be deemed severab~.e, ar~d the
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inyalidity thereof shal]. nat af~ect the ~ema~ning parts of this orda.nance.
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Secta.on 3. Effective Date and Publication. This Ordinance shall be and
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it is hereby dec~ared ta be in ~ull ~orce and effect from and after thirty
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(30) days after the date of ~.ts passage, and before the expiration of
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fif~teen (15} days after its passage, a display advertisemant sha11 be
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published in accordance with Government Code Sectian 25124{b)(2} giving
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notice of the acloption of this Ordinance and including the names of the
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mambe~s o~ ~he Board of Supervisors vo~ing for and against it. Said
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display advertisement shall be published in ~he Chico Enterprise Record,
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Gridley Herald~ Orovi.lle Mercury Register and Paradise Post, newspapers
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published in the County of Butte, Sta~~ of Cali~ornia.
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PASSED AND ADOPTEI7 by the Board ot Sup~rvisors of the County of
Butte, State of California, an the 24th day of .Tanuary , 1995,
by the follawing vote:
AYES : S~pervisors Da1,ai~, Houx, ~homas and Ghair McT~aughlin
NOES: Supexvisar Meyer
ASSENT: None
NOT VOTTNG : None
~ V 1/! C '
~ Y ~ ~
ED MCLAUGHLIN, air of the
Butte Caunty Board af Supervisors
ATTEST:
JOHN S. BLACKLOCK
Officex and C1 k of the Board
By
(compzon.ord)
281
EXHIBIT "p,n
^ Chapter 24 of the Butte Coun#y Code ^
TABLE OF CONTENTS
Page
ARTICLE il - GENERAL Z4NING REGULATIONS AND PROCEDUR~S . . . . . . . . . . . . . . . . . . . ll - 1
ZONiNG PURPOSE AND PROCEEDURES
Section 24-20 Nature and Purpose of Zaning Plan . . . . . . . . . . . . . . . . . . . . . . . Il - 1
Section 24-25
24-25. i 0
~4-25.15
24-25.20
24-25.25
24-25.3fl
2~4-25.35
24-25.4fl
24-25.~45
24-25.5Q
SECtio~ 24-30
NONC~NFORMING USES
Section 24-35
24-35.10
24-35.15
24-35.20
24-35.25
24-35.3~
24-35.35
24-35.40
2435.4.5
24-35.50
24-35.55
APPLICATEONS
Section 24-M?
Section 24-41
Section 24-~5
24-45.10
24-45.15
24-45.20
24-45.25
24-45.3U
24-45.35
24-45.40
24-45.45
Adoptian of Zoning District Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II - 2
Zoning District Bour~daries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I[ - 2
Zoning ~istrict Boundary Disputes . . . . . . . . . . . . . . . . . . . . . . . . II - 2
Procedure for Precise Zoning Amer~drnents . . . . . . . . . . . . . . . . . II - 3
Public Mearing for Zoning Amendments . . . . . . . . . . . . . . . . . . . . II - 3
Action of Planning Commission pn Zoning Amendments ....... II -~4
Ordinance Publishing Fee for Zoning Amendments . . . . . . . . . . . !I - 4
Action by Board of Supervisors/zoning Amendments . . . . . . . . . ll - 5
Cornments at Public Hearing for Zo~ing Arnendments ......... II - 5
Interim Zoning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . fl - 5
Pracedure for General Plan Amendrnerrts . . . . . . . . . . . . . . . . . . . !I - 6
Noncor~forming Uses ................................. ll-7
Types of Nonconforming Uses Defined . . . . . . . . . . . . . . . . . . . . Il - 7
Continued Use of a Legal Nanconforrning Use . . . . . . . . . . . . . . . II - 7
Change or Expansion of ~Vonconforrning Use . . . . . . . . . . . . . . . . Il - 7
Res~dential Sut~stitution Perrnitted . . . . . . . . . . . . . . . . . . . . . . . . II - 8
Maintenance and Repairs for Safety . . . . . . . . . . . . . . . . . . . . . . . II - 8
Construction -- Use Permits -- Amendments . . . . . . . . . . . . . . . . . li - 8
Nanconforming Parcels of Record . . . . . . . . . . . . . . . . . . . . . . . . . . . . II - 9
Abandonmer~t of Noncor~forming Use . . . . . . . . . . . . . . . . . . . . . ll - 9
Restoration afi Nonconforming Suifdings . . . . . . . . . . . . . . . . . . . II - 9
Fiestoration of Nonconforming Uses . . . . . . . . . . . . . . . . . . . . . II - 10
Administrative Pernniks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . If - 11
Minor Use Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Il - 11
Use Permits -- Forrns; Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . II - ~ 4
Use Permits -- Criteria For Granting . . . . . . . . . . . . . . . . . . . . . . Ik - 14
Use F'erinits -- Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II - i4
Use Permits -- Planr~ing Cornmission to Hear . . . . . . . . . . . . . . . fl - 14
Use Perrnits -- Hearings . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . II - 15
Use F'ermits -- Right of Appeal upon Denial . . . . . . . . . . . . . . . . !I - 15
Use Permits -- Tirne Limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . ll - 15
Use Perrnits -- Ex#ension of Tirr~e Limits . . . . . . . . . . . . . . . . . . . II - i5
Use Perrn~s -- Modification . . . . . . . . . . . . . . . . . . . . . . . . . . . . kl - 1S
~ Comprehensi~e Zoning Ordinance ~r
Revfsed by Ord. 3164
EXHIBIT "A'~
^ Chapter 24 of the Butte County Cade ^
24-~45.5d Use Permits -- Modification Appeal . . . . . . . . . . . . . . . . . . . . . . II - 1 B
24-45.55 Use Permits -- Extension pf Signing Period . . . . . . . . . . . . . . . . II - 16
24-45.60 Use Permits -- Cessation of Use . . . . . . . . . . . . . . . . . . . . . . . . II - i6
24-45.65 Violation of Terms of Use Perm~t . . . . . . . . . . . . . . . . . . . . . . . . I I - 1 fi
Sec#ion 24-50 Appfication for Variance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II - ~7
24-50.10 Standards and Conditions for Grant of Variance . . . . . . . . . . . . . II - 17
24-5d.15 Notice of Hear€ng . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~I - 17
24-50.20 Variances -- Appeai . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ll - 17
Section 24-52 Minor Variances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II - 18
Section 24-55 Rea}~pfication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II - 20
Section 24-60 Environmental Impact . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . If - 20
ARTICLE III. - ZONE DISTRICTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . lll - ~
Section 24-65 Applicability of Zoning Reg~lations . . . . . . . . . . . . . . . . . . . . . . . Ill - 1
Section 24-70 Establishment of Zoned Disiricts . . . . . . . . . . . . . . . . . . . . . . . . . ill - 2
Seciian 24-75 Site Requiremenis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . If! - 3
Section 24-80 Site Requirements far Split-duplex Lots . . . . . . . . . . . . . . . . . . . . Ilk - 4
Sect~an 24-85 Afiquot Parts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . If! - 4
AGRICULTURAL ZONES
Sectian 24-9E} A-5 Through A-~60 Zanes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III - 5
24-9~.10 A-5 Thro~gh A-160 Site Requirerr~ents . . . . . . . . . . . . . . . . . . . . . Ill - 6
RESlDENT1AL ZONES
Section 24-85 AR Thro[agh AR-10 Zones . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III - 8
24-95.1 a AFt ~'hro~gh AR-1 D Site Requirements . . . . . . . . . . . . . . . . . . . . . 111 - 9
Section 24-1Q0 ARMH Through ARMH-5 Zones . . . . . . . . . . . . . . . . . . . . . . . . . Ilf - 9
24-100.i0 ARMH Through ARMH-5 Site I~equirements . . . . . . . . . . . . . . . . Ill - 11
Section 24-105 A-SR Zone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 - 11
Section 24-110 FR-1 Thraugh ~R-160 Zones . . . . . . . . . . . . . . . . . . . . . . . . . . III - 12
24-110.1Q FR-1 Through FR-160 Site Requirements . . . . . . . . . . . . . . . . . . lll - 14
Sec#ion 24-115 M-R Zone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Il l - i 5
Section 24-12fl R-1 7hrough R~ Zones . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I II - ~ 6
24-120.10 R-1 Through Fi-4 S~te Requirements . . . . . . . . . . . . . . . . . . . . . . III - 19
Section 24-125 R-[~ ~one . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ill - 20
Section 24-130 RT-1 Through RT-1A Zones . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 - 21
^ Comprehensive Zoning Ordinance ~
Revised by Ord. 3164
{~
^ Chapter 24 of the Butte Co~nty Code ^
24-130.10 FiT-1 Through RT-1A Site Requirerrtents . . . . . . . . . . . . . . . . . . . Ili - 22
Section 2~-i 35 SR Through SR-5 Zones . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Il l - 23
24-135.10 SR Through SR-5 Srte Requirernents . . . . . . . . . . . . . . . . . . . . . Ifl - 24
COMMERCIA~ ZONES
Sectipn 24-~40 C-1 Zone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ifl - 25
Section 24-145 C-2 Zone ......................................... 111-26
Section 24-150 C-C Zone ........................................ II~-27
Section 24-155 H-C Zone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 - 3f}
Section 2~4-1 GD N-C Zor~e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II! - 31
Section 24-165 R-P Zone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ill - 33
INDUSTRIAL Z~NES
Section 24-170 L-1 Zone ..---• ................................... fll-38
Section 24-175 M-1 Zone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . !If - 39
Sect9on 24-18D M-2 Zane . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III - 41
TIMBER ZONES
Section 24-185 C-F Zone ........................................ III-44
Section 24-190 TM-i 7hro€~gh TM-i60 Zones . . . . . . . . . . . . . . . . . . . . . . . . . . If! - 45
24-190.10 TM-1 Through TM-160 Site Requirements . . . . . . . . . . . . . . . . . . IIl - 46
Section 24-195 TPZ-160 Zone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ikl - 47
SPECIAL Z~N ES
Section 24-2flQ A-Z (AIRPOR~ Zone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III - 49
Section 24-205 MHP Zone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III - 5~
Seetion 24-21D P11~ Zone . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . III - 54
Section 2~4-215 P-Q Zone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III - 57
Section 24-22D R-C Zone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II] - 58
Section 24-225 S-Fl Zone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~If - 59
Section 24-230 U Zone .......................................... IH-fiQ
Section 24-235 WP Zone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . lll - 62
^ Comprehens~ve Zoning Ordinance ^
Revised by Ord. 3164
Ill
~ Chapter 24 of the Butte County Cade ^
ARTICLE N - GENERA~. DEVELOPMENT REGUl.ATlON$ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . lV - 1
Section 24-2A~0 Parking Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV - 1
24-240.10 OfiF street Parking - De~elaprnent Standards . . . . . . . . . . . . . . . . . IV - 7
Section 24-245 Applicability #o Subsu~face Mineral Rights . . . . . . : . . . . . . . IV - 9
AHTtCLE V - SPECIFIC USE REQUI~3EMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V - 1
Section 24-25D Ad~lt Entertainment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V - 1
24-25fl.1 p Reg~lation of Lacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V - 2
24-250.i5 Severability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V - 3
24-25Q.20 Amortization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V - 3
Section 24-255 Anirnal Mairrtenance; Purpose and Intent . . . . . . . . . . . . . . . . . . . V - 3
24255.1p Animal Maintenance Requiremer~ts . . . . . . . . . . . . . . . . . . . . . . . V - 3
24-255.i5 Health and Safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V - 5
Section 24-260 Carnping Limi~ations and F'rohibitions . . . . . . . . . . . . . . . . . . . . . V - 5
Section 24-265 Day Care Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V - 5
Section 24-270 Home Occupations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V - 6
Section 24275 Recycling Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V - 8
Section 24-28i3 Second Units . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V - i5
Section 24-285 Segregation of Homesites in Agract~ltura! Zones . . . . . . . . . . . . . V - 15
Section 24-290 Segregation of Agricultural Processing Us~s . . . . . . . . . . . . . . . . .V - 17
Section 24-295 Temporary Mobile Homes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V - 18
24-295.10 Provisians fior Temporary Mobife Homes . . . . . . . . . . . . . . . . . . V - ~8
Section 24-34~ Temporary Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V - 19
ARTICLE VI - DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V[ - 1
Sectio~ 24-305
24-3U5.001
24-3Q5.002
24-3D5.003
2~4-305.Ui 0
24-305.p2fl
24-305.D25
24-305.026
24-305.030
24-305.040
24~05.E~41
2a-3a~.a42
24~Q5.043
Defin~ions .........................................VI-1
Accessory Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vl - 1
Adrninistrative Perrnit : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI - ~
Adult antertainment business : . . . . . . . . . . . . . . . . . . . . . . . . . . . VI - 1
Agricultur~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI - 3
Agricult[~re Employee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vi - 3
Agricultural Processing Plant . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI - 3
Agricultura! Products . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI - 4
Aliey .............................................VI-4
Antiques, and Antique Shop . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vf - 4
Aquaculture ........................................VI-4
Bed and Breakfast Hame . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI - ~4
Sed and Breakfast lnn . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI - 4
^ Comprehensi~e Zoning Ordinance ^
Revised by Ord. $iG4
fV
^ Chap#er 24 of the Butte County Code ^
Section 24-305.U47 Boarciing House . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI - 4
24-305.D50 Buildir~9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V! - 4
24-305.Q60 Building, Accessory . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vl - 4
24-3Q5.fl70 Building Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V{ - 4
24-305.080 Building, Nonco~#orming . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI - 4
24-305.090 Builc~ing Sit~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vl - 4
24-3U5.fl95 Camping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . Vl - 4
24~05.097 Contiguous parcels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI - 5
24-305.098 Convenience Store . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI - 5
24-3D5.099 Director of De~efopmerrt Ser~ices . . . . . . . . . . . . . . . . . . . . . . . . V! - 5
24~a5.100 Disposai Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vl - 5
24-305.1~5 Duplex ............................................ VI-5
24-3D5.110 Dwelfing Gro~p . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI - 5
24-305.12Q Dwelling, Multiple; or Multipfe-Dwelling . . . . . . . . . . . . . . . . . . . . . VI - 5
24-305.130 Dwelling, Single-Family . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI - 5
2~4-305.i4D ~arnily . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI - 5
24-305.150 Feed Yard, Commercial Animal . . . . . . . . . . . . . . . . . . . . . . . . . . VI - 5
24-305.160 Fence ............................................ VI-5
- ----24=305.-'17~--- -Garbage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :-.--~ ~-~ VI---6---
24-305.175 Guest House . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI - 6
24-3Q5.i80 Hog Farm . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI - 6
24~05.190 Hame, Boarding or Latging, or Rest Home . . . . . . . . . . . . . . . . . V1 - 6
24-3fl5.195 Horr~e Ocoupatian . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vl - 6
24-305.20a NospitaE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vi - 6
24-3D5.210 Hotel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI - 6
24~fl5.23D Indus#ry ........................................... Vl-B
24-305.240 Junk ............................................. V[-fi
24-305.250 Junkyard .......................................... VI-fi
24-305.260 Kennel ............................................ Vl-6
24~a5.270 Lnt Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI - 6
24,305.271 LOt Depth . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vl - 6
24-3D5.27'2 Lot Width . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vf - 7 .
24-305.2$0 Mobile Home . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI - 7
24-305.285 Mobile Nome Park . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI - 7
24~05.286 Mobi~e Recycling E1nit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI - 7
24-3Q5.288 Modufar Horne . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI - 7
2~1-305.29fl Motel ............................................. Vi-7'
24-305.300 Offices, Professional . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI - 7
24-3fl5.31 D Parcel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI - 7
2~-305.33Q Parking Space . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI - 7
24-3U5.34S Plar~ning Manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI - S
24-305.350 Plan#, Concrete, Asphalt Batch, Sand and Gra~el . . . . . . . . . . . . . VI - 8
24-305.354 Recreation Vef~icle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI - 8
24-305.355 Recreational Vehicle Park . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI - 8
24~05.357 Recyclahle Material . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vl - 8
2~4-3E}5.358 Recycling Facility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI - 8
24-305.360 Re#use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI - 9
24~05. 361 Related Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V{ - 9
24-305.365 Re~erse Vending Mac~ine(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI - 9
24-3Q5.374 Rubbish ........................................... VI-9
24-305.37'5 Secand Unit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vl - 9
24~305.376 Sales Tract Office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V~ - 9
^ Comprehensive ~oning Ordinance ^
Re~ised by drd. 3164
V
^ Chap#er 24 of the Butte County Code ~
Section 24-345.38fl SecondF~and Store . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vf - 9
24-305.390 ServiCe Station . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vl - ifl
24-3D5.391 Setback, Front Yard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI - 10
24-3a5.392 Setback, Side or Rear Yard . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI - 10
24-305.~400 Signs, Outdoor Ad~ertisir~g . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vl - 10
24-305.4Q5 Site Development Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vf - 10
24-305.410 Stable, Prnrate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vl - 10
24-3fl5.420 Stable, Public or Riding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V! - 10
24-305.430 Structure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI - ~ Q
24,3fl5.433 'Ternporary Construction ~ffice . . . . . . . . . . . . . . . . . . . . . . . . . Vl - 10
24-305.438 Ultirnate Right-of-WaY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI - 10
24~3D5.440 Use, Public . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI - ~0
24~-3U5.~4.50 Use, Quasi-Public . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI - i0
24-305.451 Violator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vi - 1 i
24~~5.452 Waad Lot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI - 11
24-3Q5.453 Wood Processing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI - 11
24~~5.460 Zane ............................................ VI-11
^ Comprehensive Zoning Ordinance ^
Revised by OEd. 3164
VI
~ ^ Chapter 24 of the Butte County Cvde ^
ARTICLE ll
GENERAL ZONING REGULATIONS AND PROCEDURES
SECTlON 2420 NATURE AND ~URP~SE OF ZONING PLAN
A. This chapter t4ivides the ur~incorparated territory of the County inta geographical districts designated
as zoning di5tricts. It establishes reg~lations limiting the use of land and structures, location, height
ancE bulk of the structures, the open spaces a~out buildings and pro~~des fo~ such other measures
as will accompfish the purposes of this chapter.
R. This chapter is adopted to promote and protect the public health, safery and general wElfare for the
foflowing more particularly specifiied purposes:
1. To assist in pro~iding a definite plan of deveEopment fior the Courrty, and to facilitate,
___ -___ _encourage,__guide,_c.ontr_ol_a~d_r_egufate th~ future grorn-th of the County. _ _ __ __ _ _______
2. To protect the character, sflcial and econornic stability of agric~al#ural, residerrtial,
cammercial, industriai and other areas within the County; to assure the orderly and
beneficial de~elapment of such areas; and more particularly, to pro~ide adequate ~ight and
air; #o a~oid undue concentration of population; to facilitate the adequat~ prov€sion for
transportation, water, 5ewage, drainage facilities, schoals, parks and other public
de~elopments, to cor~serve and de~elop natural reso~rces; to protect the faod st~pply; to
canserve pro~erty values; to conserve energy; and to prornote efficient urban design and
arrangerr~ent, and to secure ecoRomy in governmentai expenditures.
3. To ob~iate the menace to the pubf ic safety resuiting frorr~ the lacation of buildings, and ~ses
of buildings and of land, adjacent to sireets and highways which are a part of ihe streets
and highways elemerrt o~ the genera! plar~ of the County, or othsr #horougl~ares, so that
existing or prosPective tra~Fic circulation on said highways will be iacil~ated.
4. Tq imp[ement the po~icies af the Butte County General Plan.
C. It is expressly decEared that all of t~e pra~isio~s of this chap#er shaki apply to all property within the
unincorporated territary of gutte County w~ether owned by private persons, firms or corporations,
or by the go~ernment of t~e United States of America, or any of its agencies, or by the State of
California or any of its ~alitical s~bdivisions or agencies, unless the Federal or State activity is
specifiically exErnpted from local re~iew, ar by any Counry incl~ding the County of Butt~, town or
municiPal corporatian ar any of its or th~ir agencies, or by any district formed under t{~e laws of ihe
State of Cal~fornia.
D. The Board of Supervisors shall have the authority to decide any question in~al~ing the interpretation
or application of any pro~ESion of this chapter. Said provisions of this chapter and the applicatians
thereof sha~! be ~eld to be the minimum requirerr~ents necessary to promote the p~bkic health, safety
and general welfare. ~atcept as spec'rflcaiiy herein pra~ided, it is not intended by this chapter to
repeal, abrogate, annul ar in any way to impair or irrte~Fere with any existing provisian ofi law or
ordinance, or any rule, regulatio~ or permit pre~iousiy adopted ar issued arwhich may be adopted
or issuecl pursuant to law refating tn t[~e use of buildings or premises, or relating to the erectian,
constructian, esta~lishment, mo~ing, altera#ion or enlargement of any building impra~ernent; nor is
^ ComprehensNe Zoning Ordir~ar~ce ^
Revised by Ord. 3164
~~ -~
~ Chapter 24 of the B~tte Caunty Code ^
it intended by this chapter to interfere with or abrogate or annul any easEme~t, ca~enant or other
agreement between partiss ar to ann~l nr abrogate the public impro~ements emplaced and paid
for by property pwners p~rsuant to pre~iousfy adopted County plans; pro~ided, howe~er, that 9n
cases in which tfi~is chapter 9rnposes a greater restrictian t~pon the erection, construction,
establishment, moving, alteration or enlargeme~ of buildings ar t~e use of any such building or
premises in said se~eral d~stricts, or any of them, than is imposed or req~irer~ by such existing
provisions of law or orcfinance, or by s~ch ruies, regulations ar permits, or by such easements,
cavenants or agreements, then in sttch case the Pfo~isions of this chapter sha11 control.
SECTION 2425 AD4PTION OF ZONING DISTRICT MAP
Those maps entitled "Butte County Zoning District Ma~" subscribed ~y the Director of Development Services,
on file in the De~elopment Services ~epartment, AEanning Dir~ision, are hereby adopted as the zoning ~fan
of Butte County and rnade a part of this chapter.
SECTION 2425.~a ZONING DtSTRICT BOUNDARIES
The boundaries of each zoning district as referred to in this cha~ter are delineated on the zpning district
map by heavy iines. Within each district sp deEineated appear symbols consisting af letters and numbers.
S~ach symbols ha~e the rneaning and are given the effect pro~ided in Section 24-70 af this chapter and
Code.
SECTION 2425.15 ZONING DISTRICT BOUN~ARY DISPUTES
A. Shauld a dispuke arise or ambiguity appear as to the exact location of #he boundary line of any
zpning district, the following r~ales shall be applied ir~ de#ermining the exact Eocation of such lines:
1. Where such boundaries are indicated as approximately foilowir~g sireet and alley I~nes, such
street and aEfey lines shall be construed ta be such boundaries.
2. W~ere s~ich boundaries are indicated as approximately follawing lot lines, st~cF~ lot lines
shalE be cpnstrued to be such boundaries.
With respec# to property that is not subdivided, and where a~oning district bisects a lot,
the Eocation of any such boundary, unless the same is indicated by dirrtensions shown upon
the zoning district map s~a9! be de#ermined by the use of the scale appearing on the zor~~ng
district map.
4. !f any further uncertainty shall ~xist, the Baard of Supervisars ~a~on written application or
upnn its own matian, shall deterrr~ine the lacation of such boundaries.
^ Cornprehensi~e Zoning Ordinance ^
1 i -2
Revised by Ord. 31&4
~ Chapter 24 ofi the Butte County Cade ^
ZONING PROCEDURES
SECTION 2425.24 PROC~~URE F4R PRECI$E ZONING AMENDM~NTS
A. This chapter, excep# for the Timber Preserve Zoning District, may be amended to ~stablish detaileci
zoning districts or to change district boundafies anly if an amendment is requested by eitF~er:
i. ~~e Planning Commiss3on; or
2. The ~oard of Supervisors; or
3. ~he Sutte County Director of De~elopment SErvices; or
4. By a pe#ition #ifed with the Director of ~eveloprr~ent Services, signed by owners representing
sixty ~ercent (so%) or more af the area to b~ rezor~ecl, and accompanied by the fee set by
resol~tion of #he Board of Sc~pervisors, no part of which shall i~e returna~ale to the applicar~t.
A~y such petitian may be wit~drawn upon the written appiication of a majority of all the
persons who signed such petitio~ at any tirne ~rior to the hearing on ihe pra~osed
amendment before the Board of S~pervisors.
B. 1'f~e procedure to esfablish or arnend the 7imber Preserve Zoning District shall b~ as esiabfished
by resol~tion by the Board of Supervisors of the Co~nty of Butte. Said procedures ha~e been
established by Resolution 79-20.
SECTION 2425.25 PUBL[C HEARING F~R ZONING AMENDMENTS
A. The Planning Commission sl~all hold a public hearing on any s~ch proposed amendment, Notice
af the time, date and place of said hearing €ncluding a genera~ expiar~ation of the matEer to be
cansid~red and including a general description o~ the area affected shall be girren at least ten (10)
calent~ar days before the heari~g in the follnwing manner:
1. Natice sF~al1 be publEshed at least once in a newspaper of general circulation, published and
circulated in the County;
2. !n addition, notice of the hearing shall be given by maif ar delivery to all persons, incEuding
businesses, carporations or other public or private errtities, shown on the last equalized
assessment rall as owning real property within three hundred (300} feet of the property
which is the subject of the proposed zoning char~ge.
3. ln addi~ian to the requirem~nts af subsec#inns 1. and 2. abo~e, in the e~ent of any Plann€ng
Corr3rnission ini~[ated amendment, the Pfanning Commissian shall gnre mailsd notice to ihe
owner of the property wh~ch is the subject of the Propased zor~ing change as that owner
appears an the latest equalized assassment roll.
4. In the event that the r~urr~ber of persons to whom notice would be sent pursuant #o
subdi~ision 2. hereof is greater than one thousand {1,4D0), the Planning Commission may,
as an alternati~e to the notice required by subsectian 3 abo~e, pro~ide notice pursuant to
this subsection 4. Such natica shaf[ be given at leas# ten ~10) days prior to the hearing by
either of the following procedures:
^ Comprehertsi~e Zoning Ordinance ^
Revised by Ord. 3164
ll -3
~ Chapter 24 of the Butte Caunty Code ^
a. ~y placing a cfisplay ad~er~isement of at least one-fourth page in t~e newspaper
ha~ing the greatest circulation within the area affected by the proposed ardirtance
or amendment and in at least one addit[onal r~ews~aper ha~ing g~neral clrculation
within such area, i~ such add~tional newspaper is available; ar
b. By placing an insert with any generalized mailing sent by ihe Caunty to property
awners in #he area affected by #he pra~ased ordinance nr amendment, such as
billings for County serviCes.
B. Any evidence to be received by tfi~e Planning Commission at the public hearing, other t~an oral
testimony, unless rejected ~y the Planning Cammission w~en offered, shall be surrendered to the
clerk of the commission and become the property of the County of Butte. ~'he Director of
De~elopment Ser~ices shall be the c~st~ian of the record n# the Planni~g Carnmission and shall
keep, for at least twei~e (~ 2} mo~tths fallowing this presentatiort ta the cammission, a11 e~idenee
received by the corr3missian a# a public hearing. At any time a~ter twel~e (12) manths following its
presentation the Director of ~eveloprr~ent Senrices may dispose af ar~y such e~idence in any manner
he shall deem pra~er. 7he Director of De~elopment Services may, upor~ tf~e expiration of ~nrekve
{12) months fo1lowing a public hearing, release any e~idence to ihe person or persons who
- --presented-that-e~idence-at--the--p~blie ~earfng-so-long- as--such-person--or--persons-shall- rr~ake a -
req~est in writing to the Directar of Devela~ment Services not more than sixty (6q) days nor less
than thirty (30) days prior to the axpiration of the ~inre{ve (12) month period.
Notwithstanding tfi~e pro~isions of paragraph (B) above the DirECtor of De~elopment Services shall
farward to the clerk of the Board of Supervisars alf evidence received pvrs~ant to paragraph (~)
above wher~ the matter heard by #he Planning Commission results in a recomrr~endation to the
Board of Super~isors from the action of the Planning Commission. Upon receiPt by the cferk of the
Boa~d of Supen-isors of the evidence forwarded pursuarrt to this Section the clerk of the Board of
S~pervisors shall become the custodian t~ereof and the twelve (12) month periad pursuant to
paragraph {B) abo~e shall cammence after final action by the Board of Supervisors.
SECTtON 2425.30 ACTION OF TWE PLANNING COMMISSION QN ZONING AMENDMEN~"S
Folfowing the aforesaid hearing, the Planning Commission shall render its decision in the form of a writter~
recornmendation to the Board of Supervisnrs. Such recommendation shaf! [nclude the reasons for the
recorr~rnendation, the reEatianship af the proposed amendment ta the B~.te County generai plar~ and any
specific ~lans. If the recommendatior~ is tq change property ftom one zane ~o another, the ~lanning
Comrrtissian may recommend that conditions be irnposed so as not to create problems inimEcal to the public
heai#h, safety and gener~l welfare of the residents of Butte CauMy. The recammendatian shail be trans-
mitted to the Board of $upervisors within nineiy (90) days after the date the hearing was clased to the
p~blic.
SECTION 2425.35 ORDINANCE PUBLISHING FEE ~OR ZONING AMENDMEN7S
Pr~ar to the SQard of Supervisors setting a pubfic hearing, an estimated pubfishing fee, as provided for by
resolution of the Board of Supervisors, shalf be depos~t~ with the cEerk of the board.
^ Comprehensive Zoning Ordinance ^
II -4
Revised by Ord. 3164
^ Chapter 24 0# the Butte County Code ^
SECTIQN 2425.40 ACTION BY THE BOARD OF SUP~RVISURS ~N ZQNING AMEN~MENTS
A. Upan receEpt of any such recornmendation from the Planning Commission , the Board of
Svpervisors shalf set the matter for puh[ic hearing and shall give notice of the #ir~e, date, and place
of said hearing at least ten (i0) days prior to the hearir~g in the sarr~e manner as pro~ided #or ihe
gir~ing of notice of the f~earing by the Planning Comm9ssion as specifiec! by Section 24-25.25.
8. The Board of Supervisors shall taice action upon tF~e proposed amendment within ninety (90} days
from the date of receipt af the Plann~ng Corr~Enissian's initial recommenda#ion. !f na action is taken
wikhin said ~inety (9D) cfays, tf~e praposed amendrnent shall be deem~ denied.
C. T~e Baard of Superrrisors rnay appra~e, modify or disappro~e the recornmendation of the Planning
Commission; pra~ided t~a# any modification of t~e proposed amendment by the board si~ali first
be referred, to the Planning Commission for report and recommendatio~, ~ut the Planning
Commission shall not be required to hold a publ~c hearing thereon. Failure of the Planning
Commission to report within forry {40) days after the rnodification 9s re#erred to it, shall be deemed
to be approva! af tfi~e proposed rnc~dificatior~ by the Planning Commission. T~e Board of
Super~isors may impose canditians to the zoning reclassification of the properry where it finds that
said--conditions--m€~st be imposed-so as not-to-create prohlerr~s-inimical-to-the-publEc-healtF~,-safery----
and general welfare af the Co€~nty of Butte. lfi conditions are imposed ta a zor~ing rec~assification,
said conditions shali run wi~h the land and shall ~ot automatically be remo~ed by a subsequent
reclassification of the ~roperty.
D. Said conditians shall be as set forth in an agreer~ent entered into by ihe applicar~t and the County.
Said conditions may be rerrzo~ed only by the Bpard of Supervisors after ~ecommendation by the
Plar~ning Commission.
S~CTION 2425.45 COMMENTS AT R[JBLIC H~ARING FOR ZQNING AM~NDMENTS
Each parry appearing before the Board of Super~isars at the public hearing referred to in Section 2~-25.4E1
is encouraged to submit written aamments before the public hearing as well as at the public hearing itself.
Oral ~amments shall be limited to five (5) minutes per persan, unless such tirne is extended by consent of
tF~e chairman af the Soard of Supervisars.
SECTIQN 2425.50 lNTERIM ZONING
A. Without followir~g the procedures otherwise required preliminary to the adoptipn o~ a zaning
ordinance, the Board of Sup~EVisors, to Pratect the public safety, health and welfare, may adopt as
an urgency nneasur~ an inter~rn orclinance proF~ihi#i~g any uses which rnay be ir~ cor~flict with a
contemplated zoning proposal which the Board of Supervisors, Planning CommissEOn or the
Planning DNision is considering ar studying or intends to stuc~y w~thin a reasonable 'time. Such
urgency measures shall require a four-fifths (4/5) ~ote af the Boart! of Supervisors for adoption.
St~ch interirr~ ordinance shall be af no further fiorce and effect forty-five (45) days from ~is date of
adoption; ~ravided, however, that after Rotice pursuant to Section 2425.25 and public hearfr~g, the
Board of Supervisors may extend such interim ordinance for 10 months and ~5 days and
s~lasequently extend such interim ordinanoe for one year. Any such extension shall also require a
four-fifths (4/5) ~ote for adoption. Not rr~ore than two such extensions may be adopted.
S. Alternately, an interim ordinance may be adaptec! by a f~ur fiCths (4/5} ~ote following notice
pursuant ta Sectior~ 24-25.25 and p~blic hearing, ir~ which case it shall be of no further force and
^ Comprehensive Zoning ~rdinanae ^
Revised by prci. 3164
~~ -rJ
~ Chapter 24 of the Butte County Code ~
effect forty-five (46) days from i~s date of adop#ion, pro~ided, however, that after notice p~rsuant to
Section 24-25.25 and public hearing, t~e Board of Supervisors may by a four-fifths (4/5) vote extend
such interim ordinance for 22 months and 15 days.
C. The Board of Supervisors shall not adopt or extend any interirr~ ordinance p~rsuant to this Section
unless the ordinance corrtains a finding that there is a current and immediate threat to the public
health, safety, or wekfare, #hat the appro~al af add~tional suhdi~isions, rezoning, land use ~ermits,
~ariances, building permits, ar any other applicahle entitlement for ~se which is required in order
to cornply wi~h the zoning ordinance woufd resu{t in a threat to pvblic heaith, safety, or welfare.
D. Ten (14) days prior to the sxpiration of an interim ordinance or any extensian, the Board of
Super~isors shall issue a written report descrihing the measures taken to alle~iate t~e condition
which led to the adoption of the ordinance.
E. When any such interlrn ardinance has been adopteci, every subsequent ardinance adopted pursuan#
to this Section, coverir~g the whole or a part of #he sarr~~ pro~erty, shall autar~atically terminate and
be of no further force or effect upon the terrnination of the first such ordinance or any extension
thereof as her~in pra~ided.
SECTION 2430 PROCEDUR~ FOR GEN~RAL PLAN AMEN~MENTS
A. ~xisting and proposed zoning districts are to be consistent with the Genera! Plan ofi the County.
lf an amendment to the General Plan is req€~ired as part of a propased rezor~e, such amendrr~ent
must be requesied by either:
The Planning Commissian,
2. The Board of Supervisors;
3. The Butte County Direcior of De~elopment Services; or
4. By a petition filed with the Director of De~elopment Services, signed by owr~ers, and
accompanieti by the fee set by resof~rtiar~ of the Board a# St~pervisors, ~o part of which
shall be refundabke to the applieant.
B. The procedure for amendmerrts ta t~e General Plan shall be the same as for precise zoning
amendments. Such am~ndments shall occur no more frequentiy than four (4) times during any
calenda~ year p~rsuant to Section ~53f1 af the Go~er~rnent Code.
^ Comprehensive Zoning Ordinance ^
~~ -~
Reviseci by OEd. 3'E64
^ Chapter 24 of the Butte County Cade ^
NONCONFORMING USES
SECTION 2435 NONCQNFORMENG USES
Existing uses, structures and buildings, and lots or parcels which do not conforrn to the reg~lations of the
zon~ in which they are located shal{ be sub~ect to these spec'rfic regulations. It is the purpose of this Article
to establish procedures to permit the continued operation of such uses where such ttses are appropriate
while eliminating nanconforming uses through abandor~ment, obsolescence or destruction.
SECTIQN 2435.10 TYP~S OF NONCONFORMING USES DEFINED
As user! in this chapter, the term nanconformi~g uses includes se~eral types of nonconfarmities. SeveraE
distinct types of nonconformities can be distiRg~ished from o~e another. Th~se ir~clude:
A. Nanconformir~q b~ilding -- that situatian which occurs when a building or structure does not
corrform to the zone regulations beca~se of size, height, locatian, materials or proximity to other
- -- _-bt~ild~ngs;_and _--
B. Nonconforming use of_a b~i_I_ding -- that situation which occurs wher~ the use of a building or
struct€~re c€oes not conforrn although the b~ilding or structure does; and
C. Nonconfarmi~g uses of land -- that situation where the use of the land regardless of any buildings
of structures daes not carrform, ancf
D. Conditfonal use withovt use permit -- that situation where a~se which is listed as a conditional use
of the zone in which it is ~ocated does not ha~e a use permit.
Fvr t~e purposes of this chapter thESe various noncor~farmities shall be knawn as noncon#orming uses.
SECTlON 2435.15 CONTINIlED USE O~ A L~GAL NQNCON~ORMING USE
Except as hereinafter otherwise provided, any use, building or structure, existing on the effecti~e date of this
chapter may be continued e~en ti~ough sucf~ tase, buiEding or structure may not confarm with the regulations
of the zone in whicf~ it is bcated. Pro~idec~, however, that such use must have been lawFully established
and not in ~iolation of any ardinance, statute or regulation in eifect at the time. Furthermore, st~ch us~,
structure or builc4ing must have been in existence at the tirrEe, not merefy contemplated. Use permits,
~ariances, building permits or other permits not exercised within the requ~red tirrEe do na# establish the right
to a legal nonconforming ~se. Pursuant to law, the parry asserting a right to a noncor~orming use has #he
burden of proof to establish the lawful and continuing exis#ence of the ~se at the time of the enactment of
thE ordinance, statute or reg~lation.
S~CTION 243~.24 CHANGE OR EXPANSION OF NONCON~ORMING llSE.
Except as hereinafter otherwise providec~, na nancnnforming use shall be expar~decl, enlarged, exter~ded,
reconstructed, substitt.~ted, or str~cturally altered unless made to conform to the use standards and
regulations for the zone w~thin which it is focated. Pro~idecf, however, that any nonconforming u5e rnay be
cha~ged to another nonconfarming use, expanded, enlarged, extended, reconsiructed, or struct~rally altered
upon obtaining a usE permit fram the Planning Comrr~ission. When considering a use permit for a
^ Comprehensi~e Zoning OrdiRance ^
Revised by Ord. 31fi4
~ ~ -7
^ Chapter 24 of the Butte County Code ~
nonconforming ~se, the P~annir~g Commission shall grant the use permit when it finds that the change,
expansion, enlargement, extension, recons~ruction, ar structural altEratian of such use will nat c~nf~ict with,
impair or be detrimerrtal ta the uses boih permitted and cond~tional af the zone in which it is located and/or
acijains. This f~nding sfiall be in addition to the findings req~tired by Section 24-~t55.10 of the Buite County
Zoning Ortiinance. Pt~rsuant to Sectinn 24-45.15 the Planning Commission may impnse canditions upan
the issuance of the use ~ermit which are reasonably reEated to the use of the property for which the use
permit is req~esteci. Ir~ additior~ tfi~e Planni~g Commission may at its own c~iscretian establisf~ a date far
either #he term€~a#ion of the use or reviEw of the use permit. Whe~e~er a nonconforming use has been
changed to conform to the €~ses, s#andards and reg~latians of the zane in which ~ is located such
nanconforming use shall not tf~ereafter be changed to a nonconforming use.
SECTION 2435.25 R~Si~ENTIAL SEIBSTITUTiON RERMITf~D
The substitu~Eion of a single noncor~fiormir~g residerrtial buifding or struct~re is permitted sub~ect to a re~iew
and conditions imposed by the Direct~r of De~elopment Services. Such conditions shall be limited to
set}~acks, yards, laca#ions, height, and placement of the bui[ding or strttcture on #he properry. Substitution
of a nonconforming rrtoE~ile hpme shall be cansidered a permitted residential substi~ution under the terms
a# this chapter.
SECTION 2435.30 MAtNT~NANCE AND REPAlR$ FOR SAFETY
Nothir~g in this c~apter shall pre~erit the norma[, ardinary, custamary rnairrtenance of a nonconforming use
pro~ided that such mainter~ance does not include rr~a~or structural aEtera#~ons which have the efFect of
expand~ng, enlarging or extending the nonconforming use. Nothing in this chapter shall prevent any such
repair, alteratian ar rest~ration to a sa#e condition of any portian af a Ronconforming use when so directed
by the Butte County Pubfic Works Director upan a finding that such is necessary for the protection of the
public health and safety.
SECTIQN 2435.35 CONSTRUCTION -- USE PERMITS -- AM~N~MENTS
A. No#hing in ~his chapter shall require any char~ge in the plans, canstruction s+ze or designated use
of any land, building or structure for which buiEding permits havE been iss~ed, in accorc~ance with
the provisiar~s of this chapter or ordinances then in ef#ect. Pro~ided, howe~Er, that ihe actual use
or construction under s~[ch permi~ has sta~ted prior to the effective date of this chapter and in a[k
such cases he carried otjt in a normal rrtanner until corr~pletion.
B. Excspt as prnvicfed in subsection A. of this Sectian and Section 24-45 et seq, any rezoning or
suhsequent amend~ent of this chapter which has the effect of eliminating a part€cular condi~ianaf
use or changing the conditions under which a parkicular conditiona~ ~se may be affowed shall
remain valid, unless specificalfy stated #a the contrary in the amending orcEinance. Subject to the
limitations of Section 24-45 et seq any such t~se permits shaki remain valid and may be t~sed,
extended, transferred or modified through arr~endment to the same extent that the rezoning or
amendment was not adop#ed. No extensian of a use permit shall be granted following s~ch
rezoning or annendment unless the applicarrt makes a satisfactory shawing to ihe Plantting
Commission that there have been substantia~ exper~ditures made in reliance upon the contlnued
effecti~eness of the use perm~t within the prescrib~ time period and/or the inabiliry to compfete
the project at~thorized by the use perrnit is due to reasons beyond t~e a~plicant's control.
^ Comprshensi~e Zaning Ordinance ^
i~evised by Ord. 3164
~~ -g
^ Chapter 24 of #he Butte County Code ^
SECTION 2435.40 NONCONFORMING RARCEE..S OF RECORD
Except as otherwise provfded in this cha~ter or where spec'rfically rr~erged under the provisiorts of Section
66499.1 i et seq. of the Go~ernmer~t Code, any iegaliy establis~ed parcel of iand of record ha~ing less than
the rninir~-~urn width or frontage required for the zone in which ~t is iocated, rnay ~e used for a perrr~itted use
provided that the parcel:
A. Meet the other area or dimensional standards a~d requirernents for ~he proposed ~se unless
changed by the Planning Commission w~ih a ~ariance; ar~d
B. Meet the req~~rements of the Butte County F~ealth D'nrision for the provisions of water and sewage
disposal.
Side yard setbac~cs on nonconforming fots rnay be reduced byfive (5} foot incrernents until at feast a 75 faot
wide building envelope Es ach€eved. No side yard setback requirernent is to be reduced below ten (10) fieet
Slich rnodification af side yard setbacks is to bE appro~ed in each and every cas~ by #he Director of
DeveEopment Ser~ices ar dept~ty after finding that the subjeet properky is a legally created nonconforming
Iot.
S£CTION 2435.45 ABANDONMENT O~ NONCON~ORMING USE
A. A1~andonment;_ Conseq~ences: A nonconforming use shafl be ahandaned wh~n i~ is voluntar~ly
discontinued with t~e interrt not to resume ~t. There shaff be a pres~mption that a nonconforming
~ase which has been discontin~ed for a period of Twel~e (i 2) consec~tive months has been
abandoned; howe~er, the property owner, flcc~pant or other part asserting the righi to said use may
submit evidence to rebut tf~e presumpt~on Encluding evidence that the disconti~uance was r~ot
valuntary. i'he property owner, occupant or other party asserting the rigitt to a lega[ noncoriforr~'~ing
use has the burden of proving the legaf and continuing existence of the use. ~nce ahandoned, a
nor~conforming use sf~all no longer be a fegaf nnnconforming use entitled to the r3ghts and prNileges
descri~ed in this Chapter and therea~ter shall be made to ca~form to the uses, standards and
requirements o# the zone in which it is kocated.
B. Determination af Abandonment, Appeal: The Director of De~elopment Services may determine
whether ar not a r~onconforrning use has been abandoned and may mail noiice of such
determination to the prope~ty owner using the address from the latest equalized assessmerrt roll of
the County of Butte and to the accupant at t~e street address af the property. The property owner
or occupar~t rr~ay, within 15 days of the mailing of said determination, appeal the determination ta
the Baard ofi Super~isors. If no such appeal ~s fiiled, the determinatian of the Director of
~evelnpment Ser~ices shall be final. If such app~al is filetf, it shall be #iled and heard in the sarne
manner as appeals pursuant to Sectian 24-45.30. There shall be no fee required for the filing of
such an appeal.
SECTION 2435.50 RES"fORATtON OF NONCONFORMING B111i.D1NGS OR STRUCTURES
A nonconforrning b~ifding or structure which does not cor~form to the requ€red side yard, rear yard, or street
sethack areas, which is demolished, damaged or d~stroyed totafly or in part, may be res#ared ta a total flaor
area or to the sarr~e extent as the original only ~pon sectaring a use permit pUrsuant to Section 24-45 et seq..
^ Comprehensive Zoning Ordinance ^
~ ~ -~
Revised by Orcf. 3164
~ Chapter 24 of the Butte County Code ^
SECTIQN 2435.55 RESTORATION QF NONC~NFDRMING USES
A nonconfarming use, building or structt~re catastrophically damaged or destroyed totally or in part, may
be restored to a total flaor area or to the same extent as the origina! without a use permit. F'ro~ided,
howe~er, that any expansion, enlargement or exEension of the nancanforming use be allowed only upon
securing a use permit pursuant to Section 24-45 et seq.. Any such restoration or reconstruction nf a
nonconforming use not r~quiring a use permit shall commence within tweive (12) mor~ths and b~ completed
wttF~in twenty-four (24) months of the time of cfamage or it shall be deemed abandoned. U~on application
to th~ Planning Cor~rnission an extension of tirne for the restoration of a nonconforming use inay be granted
not to exceed f~ve (5} years in tatal.
^ Comprehensi~e Zoning Ordinance ^
Rev,sed by Ord. 3164
{~ -~~
^ Chapter 24 of the Butte County Code ~*
APPLICATIONS
S~CT{ON 2440 A~MINISTRATIVE PERMITS.
A. Purpose_and intent: Tt~e purpose and intent of this section is to designate a category of uses #hat
are consistent with the basic purpose of a parCicular zone and ~aro~ida a stancfard set of
requirements or cond~tions and a procetiure to allow those uses subject a ministerEal review. No
pubfic hearing or notice to adjacent land owners shall be required. Land t~s~s that req~ire an
Administrati~e Permit are spec'rfied in each ind~idual zaning dis~rict.
B. AdministratNe perrrzits may be appro~ed and issued by the Planni~g Manager subjec~ to the
foflowing requirements and procecfures:
Applications for AdministratNe Permits sha11 be subrnitted on an application/permft form
appro~ed by the P[anning Manager which will cantain the s#andard conditions of approval,
a space far any ather conditions necessary to insure compatibiliry of the use with
surrounding proper~ies anc! a place far the applicants signature acknawledging agreernent
to com~ly with the terms and conditions of the use.
2. The application wil! be reviewed by the Planning Manager for compliance with #he standard
cnndit€ons and upan finding that the request complies wikh the conditions, the
application/permit form will be appra~ed by the PEanning Manager ar~d issued.
SECTION 2441 MINOR USE PERM17'S
A. Purpose and intent: T~e Section pro~ides procedt~res for ihe preparation, filing, pracessing by the
Planning Di~ision, and the appro~al, approvaf with conditions, or denial of a discretlonary ~ermit that
authorizes speci~ic land uses on spec~ic sites. Lanc~ uses that require a Minar l~se Perrr~it are
specified in each indi~idual zoning district.
8. Ap~lication and re~iew procedures:
~. Appiications far a Minor Use Permit shall be rnade in writing on a#orm prescribed by tha
Pianning Manager.
2. AppEicants shail be notified ir~ wr~ing of incomplete applications within thirty (30) calendar
days of the mailing o# said natice. Faif~re to so responc~ and complete the appficat9on, may
resu{t in the application being deemed abandoned, ant~ no further acti~n shall be taken
upan it.
3 Ali applications for Minor Use Permi~s shall be re~iewed by the I~lanning Division aRd
forwarr~ed to o#her appiicable County agencies or departments for re~iew and comments.
~'he re~iew period shall not exceed 14 working days. Upon carnpfetion af the re~iew
period, a recorrtEnendation to either ap}~rove or disapprove the request shall be submitted
ta the Planning Manager for a decision on the praject . The r~port to ihe Planning Manager
shall incl~tde any recommended oonditions af appro~al.
4. The Planning Manager shall pro~ide public notice nf the proposed project. 7he notice shall
include a general explanation of the matter being considered, a general description of the
area to be af~eated and thE date and iflcatiar~ of the pubiic hearing. The natice shall be
~ Comprehensnre Zoning Ordinance ^
Il -11
Re~ised by Ord. 31fi4
^ Chapter 24 of t~e Butte County Cade ~
given by mail to the 10 cEosest properties to the subject Parcel at least 10 calendar days
prior to #he public h~ar~ng. Said notice shal! be mailed to said properry owners using the
address from the latest equalized assessmen# roll of the Couniy of Butte. ~aflure to recen+e
#he notice shall not invalidate any action on t~e a~plication.
C. Approval or disappro~al: After hqlding the public hearing, the Pfanning Manager, shall make the
findings of in#ent to recornmend appro~al or denia{ of the project ta the Plar~ning Commissian.
Appro~al of a Minor Use Permit can he as it was appl9ed for or in rr~od~ied form and conditions may
be Empased. Conditions may include, but shall nat ~e lirnited to requiring:
1. Special yards;
2. Open spaces;
3. Buffers;
4. F'ences,
5. Walls;
6. Height of buildings, walls or others siructures;
7. Installation and maintenance af la~dscaping;
8. Street dedications, medians, and 9rnprovemen#s;
9. Regulations of points of ~Ehicular ingress and egress;
i d. Regulation of #raffic circulation;
11. Regulation of signs;
12. Regulation of hours af aperatior~ and metf~ods of operations;
13. Cantrof af potential nuisances;
14. ~'he prescription standards for rnaintenance of building arsd grounds;
15. Prescriptian of de~elopment schedules and developrr~ent standards;
~6. Limit the E'rfe of the permit;
17. Such other condi~ions as the Planning Manager may deem ~ecessary to ens~re
compatibility of the tase wi#h surrounding developments and uses and to ~reserve the public
heafth, safety, and we[fare.
The project along with the recomrr~endatipn qf the Planning Manager ar~d any conditions of appra~al
shall then be set as a consent agenda item before ihe I'lanning Commission. The Plannir~g
Commissian rr~ay oNy confirm th~ recammendatian of the Planning Manager as a consent agenda
itern, appro~ing or denying the perrnit. ff the Pianning Gommissian wishes to change any of the
conditions or ta[ce an actior~ that is differer~t #rom the recommendation of the Plannfng Manager, #he
item must be rernoved from t~e consent agenda, set for a public hearing, and noticed in #he same
rnanner as spec~fiied in (b) above.
D. Findinas. The ap~ro~ir~g authority shall make the following findings before granting the perm~t;
That the prapased locatinn, size, design, and operating characteris#ics of ihe proposed use
is in accordance with the purpose of this Ordi~ance, the purpose of the zone fn which the
site Es Eocated, the 8~tte Courrty General Pian, and the development policies and standards
of the Co~nty; and
2. Thai the location, size, desigr~, and operating characteristics of #he praposed use will be
corr~pa#ible with and will not adverseky affect or be materially detrimental #o adjacent uses,
residerrts, build9ngs, struct~res, ar r~atural resources, with consideration given ta:
a. Harmony in scale, bulk, ca~erage, and density;
b. The availability of public facil~ies, services and utilities;
c. ~'he harmful effect, if any, upon desira~le neighborhood character;
^ Comprehens~ve Zoning Ordinance ^
Revised by Ord. 31fiG
Il -12
^ Chapter 24 0# the Butte Caunty Cade ^
d. The generation of traffic and the capacity and physical character of surraunding
streets;
e. The suitability of the s~te #or the type and intensity of use or development which is
proposed;
f. Any other rele~ant impact af the propased use.
3. That ihe proposed location, size, CIESfi~~l, ar~d operating characteris#ics of the pra~osed ~se
and the eondi~ians under which ~t wat~ld be operated ar maintained will r~ot be detrimer~#al
io the public health, safety, or welfare, ar materially injurio~s to pr~perties or impro~ernents
in #he ~icinity.
4. That the propased use will cornply with each of the applicable pro~isions of the Chapter,
except for an approved Minor Varianoe.
E. Apr~eals. The appeal procedure for any action taken by the Planning CommissEOn on a Minor Use
Permit request shall be the sar~e as for a Use Permi~ as specified in Section 2445.30.
F. Lapse of _Minor l~se Perm~t. A Minor Use Permit shall Eapse and shall becorr~e void one year
following the date on wh~ch the it was approved, unless prior to the expiration:
A building permit is issued and construction is corr~mer~ced and diligently pursued toward
campletion on the site which was the subject af t~e use permit application; or
2. A certificate of occupancy is issued for the structure which was the subject of the Minor
Use Permit appfication; or
3. The site is occt~pied in accordance with the Minor Use Permit, if no building permit or
cer~~ficate af accupancy is required, or
4. The usE which was the subject of #he Minor Use Perrnit application is commenced, provided
that a Minor Use Permit for a public utiliry instalka#ion may be valid fpr a longer period if
specified by the Planning Manager.
A Minar Use Permit subject to lapse may be renewed for an add~tlonal period of up ta ane year,
pro~ided that 6Q calendar days prior to the expiration date, an application for rer~ewal of the Minor
Use Perm~t is filed wikh the Planning Manager on the pr~scribed fqrm and accornpanie[i by #he
necessary data a~d fees.
The appraving authoriry may grant or deny an application for renewaf of a Minor Use Permit
The Minor Use Permit shall expire and the permit shall thereafter be of no further force or effect ff
the use, business, or service for which the Minor ~Jse Permit was issued terminates ar ceases
operation for a contin~ous periad of time in excess of one hundred and eigF~#y (18~) calendar days
except for:
1. Qest~uction or damaga by acts of God; or
2. Destruc#ian pr darna~e by malicious acts; or
3. Remarleling or rehabilitation requiring pro[onged clasure with prior appro~al of the
Pla~ning Manager.
^ Comprehensi~e ~aning Ordinance ^
Revised by Ord. 3164
II -13
^ Chapter 24 0~ the Butt~ County Code ~
SECTION 2445 US£ PERMiTS - FORM; F~ES
Applications ~or Use Permtts shall be made to the Planning Commission in writing an a for-n prescribed by
the Plannir~g Comrnission and shall be accampanied by plot plans sufficient ta show the details of the
proposed use or building. Every ap~lication shall be accompanied by the fee set by resolution of the Bflard
of S~pervisors to be depasited in the County generai fund, no part of which shall he returned to the
appiicant.
SECTION 2445.14 llSE PERMITS ~ CRITERIA FQR GRAN7'ING
The Planning Comrr3ission, o~ the basis of the e~idsr~ce submitted at the F~earing, may grant Use Permits
required by the provisions af this chap#er when it finds that the proposed uses of ihe pra}~erry will not impair
the integrity and character of the zone in w~ich the land iies and t~a# the use would not impair the integrity
and character of the zone in which the land lies and that the us~ would ~ot be unreaso~ably i~compatib[e
with, or ir~juriaus to, surrounding properties or detrimenta! to the healt~ and general weffare of the persons
residing or working in the neighborhaod or to the general health, weffare and safety of the County. Evid~nce
offered at the hearing hereunder s~ai! be received, held and ckisposed af iR the manner set forth in Sectiqn
2425.25 B. hereir~.
SECTION 2445.15 USE PERMtTS - CONDITlON$
The Planning Commission may condition a Use Perm~t to prohibit a building, structure or land use to be
occupied u~til an inspection has been rnade and it is founci that the b~iEding, s~ructure or land use complies
with all conditians which #he Planning Commission has spec~ically required to be com~leted prior to
occupancy. If a Use Permit is so conditioned, the director of planning shall notify the director of public
works af such candiiions. The director of public works ar the b€~ilding inspector, upon notffication from the
Permit holder or his agent, shall make an ir~spection and si~all ei~her appro~e the use and occupancy or shall
notify the Perm~t holder ar his agent wherein the building, structure or land use fails to camply with the
candi~ions impased by the Planning Commission. if a building permit 9s issued for a building or structure
wi~ich is subject to a lJse Permit so conditior~ed, the director of public works shall not appro~e a final
inspection of such building or structure until the conditions ha~e been met; provided, however, that
responsibility for Use Permit com~liance shall remain with the Director of De~efopment Services.
SECTION 2445.20 USE PERMiTS - P~ANNiNG COMMISSION TO HEAR AND DEC[DE
APPLICATIONS
The Pfanning Commission shalE hear a~d decide all applications for Use Perrr~its required by this Cha~ter.
In appro~ing a EJse Perrnit, the Planning Commission rrtay incl~de such conditior~s as the corr~mission deerr~s
reasonable and necessary u~der the circumstances to preserve the integriry aRd character of the zone and
to sacure the genera! purposes o~ this cl~apier and the general pfan and ta mitigate any en~ironmental ar
potential environmental impacts the use might ha~e. Such conditions may include, but are not limited to,
time limi#ations ar~d devekoprr-Eent plan approval, street dedica#ion, and sireet and drainage impraver~Ents.
Nothing in this Section shaEl be construec~ ~o limit ihe discretion of the authority of #he Planning Commission
to require conditions. Conditinns irr~posed ~pon issuance of a Use Permit must be reasonabiy related to
the uss af the properry for which the Permit is requested.
^ Comprehensi~e Zoning Ordinance ^
Ftev~sed by Ord. 3164
II -14
^ Ghapter 24 of the Butte County Cade ^
SECTION 2445.25 l1SE PERMITS - HEARING
Upon the filing of a sufficient and proper application and payment of the fees pro~ided for in Section 24-45
herein, the Pianning Gommission s~all f~c a time and place for a public hearing. A notice of hearing on the
applicatian for a Use Permit shall be both pt~Eafis~ed i~ a newspaper of general circulation in accordance
with Go~ernment Code Section 65854 and he mailecl to #he owners of all properry w~thin three E~undred (300}
feet from the exterior boundaries af all property ~pon which an application for proposed use has I~een made.
Said notice shall be rr~ailed to said property owners at their last-knowr~ addresses us~ng the address ~rorrt
the fatest equafizecl assessment roll of ~he County of Butte, excep~ that in no case shaEl less than ten (10)
separate and indi~idua! properry awners closest to the area being cansidered ~e notified. Said notice s~all
iRdicate the time, da#e and place of the hearing and the focation of the subJeet property. Failure af any
property awner ta receive such a notice shall r~ot affect in any rr~anner the ac#ian taken by the Planning
Cornmission or the Board of Supervisors.
SEC710N 2445.30 l3SE ~~RMiTS - RiGHT OF APPEAL UPON DENIAE,; PROCEDURE
The determination of the Planning Commission shall ~e final uNess a wrrtten appeal is filed with the clerk
of the Board af Supenrisors by 5:00 p.m. on ihe ter~t~ caEendar day following the c€ate of the determination;
pro~ided, tF~at if saicf tenth day fal[s nn a weekend ar legal hofiday, ihe appeai rrtay be filed by 5:00 p.m.
on the next day which the office of the clerk is open for business. The clerk shall lmrrtediately forward a
co~y of said ap~eal to the Planning Commission. f~o Use Permit may be issued until said time for appeal
has expired, ~or may such Permit be issued in the event an appeal is filed until the Board of Supervisors
act on said appeal. Within ten (10) days of the date of filing of an appeal, the Board af Supervisars s~all
set a date for a hearing. Said ~earing shaif be ad~ertised and noticed pursuant to Sectian 24-45.25 7he
~oard of Supervisors shall decide such ap~ea{s making the findi~gs required in Section 24-4,5.~D above.
The Board of Su~ervisors' hearing shall be conducted de no~o provided that all appfications, papers, maps,
exh~b~s and staff recommendations made or presented to the Planning Commiss9an may be considered by
the Board of Supervisors. TE~e decision of the Board of Supervisors shall be fir~al and not subject to review
except by a court of competent jurisdictior~.
SECTION 24~15.35 USE PERMITS -- TIME LIMITS
if any use for which a Permit has been granted is not established within two (2) years of the tfate of receipt
af the Permit by the permittee, the Permit shall k~ecome null and void and reappiication pursuarit to Section
24-45 et seq shall be required to establis~ the use pre~io~sly granted under the expired Permit unless, thirry
(30) days priar #o the expiration date, a req~est for a one {i ) year extension is submittetf to the Planning
Commission together with sufficient e~idence that tirne limits for processing devefopment permits under
federaE or state regulations require tim~ {imits which exceecf one (1) year.
SECTION 2445.40 USE PERMITS -~XTENSIQN OF TIME LlMITS
Upon application, and for goad cause shawn by the perrnittee, at a publ9c hearing noticed pursuant to
Sectian 24-45.25 abave, the ~Eanning Commission may extend any time limitations pre~lously rr~ade a part
of any condition tQ a Use Permit. If consiruction has commenced on t~e projeot, and the applicant F~as
made progress toward corr~pliance with the cond~ions of the Use Permit, an automatic one-year exter~sion
of time shall be grar~ted when a request 9s submitted ta the Plar~ning D'nrision, and the status of the Use
Permit verifiecf by that Divis+an. Unless otherwise pravided for in a condition to a Use Permit pursuant tp
Sections 24-45.15 and 24-45.20 herein, alf cond~tions rnust be compfeted by the ~ermittee within twenty-fottr
(24) months of #he delivery of the Perrnit to the permittee.
^ Comprehens~ve Zoning ordinance ^
Ravised by Ord. 3164
II -15
~ Chapter 2~4 of the Butte County Code ^
S~CTION 2445.45 USE PERMITS - MO~lFICATIDN
Any perr~ittee rrzay apply for a mod~fication of ~is Permit by comp{ying with the app~iration pro~isions of
Section 24-45 herein. EJpon the filing of a sufficient applicatian and }~aymer~t of the requirEd filing fee, the
Planni~g Commission shaEf fix a time and p[ace for a public hearing.
SECTION 2445.50 USE PERMIT$ - MODIFICATION APP~AL
Purstaant to Section 24-45.45 abo~e, the Planning Gomrniss~an at the hearing may modify the permittee's
Use Permi~ by changing, deleting or adding conditions to the permittee's existing Permit. Any such
modification shall be sub~ect to appeaf as pro~ided in Section 24-45.30 abave.
SECTION 2445.55 THE DIHECTOR O~ DEVELOPMENT SERVICES MAY EXTEND P~RMIT SIGNING
PERtOD
T~e Usa F'ermit shall be deemed granted when the appeal ~eriad purs~ant to Sec#ion 24-45.30 has lapsed
and the Permit signed by the applican#, with the countersignature of the Planning Commission, is receivecf
by the permittee by certified mai1. The applican# m~st sign the Use Perrnit within thirty (30} days af
expiration of the appeal period. Extensior~ of the 3Q-day tirne ~eriod is appealabfe ta the Director af
De~elopment Serrr~ces upan showing reasonable causes. Any Use Per~nits pre~io~sly appro~ed tha~ are not
signed within 30 days of the ~ectn-e date of this ardinance shall be deemed inrralid.
SECTION 2445.60 USE PERMITS -- CESSATION OF USE
A Use ~ermit may be deemed revoked hy tha Planning Manager if the ~se for which the Permit was granted
has ceased or has been suspended for a period of twel~e (12) consecutirre months.
SECTION 2445.65 VIOLATION O~ 7EE~MS OF' USE PERMIT
A. [t shall be unla-nr€ul to establish, continue or maintain any use for whic~ a Use Permit is required
pursuant to the pro~isions of this Chapter, unless and until a Use Permit therefor is obtained and
in efFect.
B. It shall b~ unlawEuE to ~iolate any of the t~rms or conditions of a Use Permit.
C. Violations rnay be cha~ged as either an infraction or misdemeanor.
Whene~er any alleged violation of the terms of a Use Permit is brot~ght to the attentfon of the Director of
De~eEopment Services, he or s~e shall, after deterrnining #hat a ~iolatipn does exist, give the permittee a
written notice to comply within thirry (30) days. Said ~otice shall be sent by registered rr~ail, return receipt
requested, and the thirky {3fl) day period shall commence with the date of ma€lir~g notice. If the permittee
does not cornpfy w~hin the thirty (30) day period, the Director af Developmer~t Ser~ices shafl place the
question of the re~ocation of the Use Permit on the agenda of the next regufar Pianning Commissian
meeting.
Any Use Permit may be revoked if any of the terms or cor~ditions of suct~ Permit are violated or if any acis
or orr~issions nf the permittee in connectian with the use authorized by said permittee constitute a public
~ Comprehensnre Zoning Ordinance ^
Revised by Ord. 3164
Il -16
^ Chapter 24 of the B~atte County Code ^
nuisance. The Planning Commission shall set a date for hearing to be held befare it on any ~roposed
re~ocation. Notice of said hearing shall be advertised and noticed pt~rsuant to Go~ernrnent Code Seciion
fi59a5, and notice of said heari~g shall be given to the permittee by registered mail. Notice of the time and
place of said hearing shall be sent to the permittee by registered mail, returrz receipi requested, at least ten
(10} days prior to said hearing. The Planning Cammission may continue the hearing from time to #ime.
Sased upon the e~idence preser~ted a~ the heari~g, the Planning Commissian may re~oke pr modify the Use
Permit.
T~e decision ofi the Planning Commission may be appealed as pro~ided i~ Seciion 24-45.30 above.
If t~e final decision of th~ Planning Comrnission or Board of Supervisors, as applicable, is to re~ake the Use
Permit pursuant ta this Section and the use continues even though the Use Permit has been re~oked, the
Director of Development Services shall repart such facts to t~e Board of Supertisars a~d ta the affice of the
district attorney and County counsef for appropriate action. E~idence necessary #o litigate the viofation shall
be submitted by the Director of Development Services to the District Attorney and County Co~nsel in a forrn
and with a cnntent approved by them.
SECTION 245D APPLICATION FOR VARIANC~
App6ication for a Var]ance shall be made to th~ Planning Division in writing on a forrr~ prescribed by the
Planning Cornmission. Such apPlication shall be accompanied by a fee set hy resolution of the Board of
Supervisors to be deposited in the County generaE fund, no part of which shall be returnable to the applicartt.
SECTiON 245Q.10 STAN~ARDS AND CONDIT[QNS ~OR GRANT OF VARIANCE
Variances from the terms of this cha~ter shafE ~e granted an{y when, beca~ase of special circ~mstances
applicabie to the property, incl~ding s9ze, shape, topography, locatian or surraundings, the strict appl9cation
of this chap#er deprives such property of privileges enjoyed by other property in the ~iciniry and ur~der
identical zoning classffication.
Any Variance gra:nted shall be subject to such conditions as wifl assure that the adjustrr~ent tF~ereby
authorized shall not consti~[ate a grant of s~ecial prNileges inconsis#ent with the li~ni#ations upon other
properties in the ~icinity and zone in which such property is si#uated. Any such conditior~ imposed upon
€ssuance of a variance must be reasonably refated to the use of the praperry for which the ~arlance is
requested.
A Va~iance shall not be granted for a parcel of prop~rty which autharizes a use or act~ity which is Rot
otherwise expressly authorized by the zone regulation go~erning the parcel of property.
SECTlON 2450.15 ND'TIC~ OF HEARING
A. T~e Pfanning Commissian shall hold at least one hearing on the ap~lication, said heariRg to be
noiiced as pro~ided in SectEon 24-45.25 herein.
B. ~vidence o~fered at the hearing hereur~der shall be recei~ed, hefd, and disposed of in the manner
set forth in Sectinn 2425.25 B, herein.
SECTION 2450.20 VARIANCES - APPEAL
^ Comprehens~e Zoning Ordinance ^
Revised by Ord. 3154
kl -17
^ Chapter 24 of the Butte County Code ^
The appeal proced~re for any action tafcen by the Planning Commission on a Variance request shall be the
same as #or a EJse Perm~ as spec'rfied in Section 24-45.30.
SECTION 24~2 M1NOR VARfANC~eS
A. Purpase and in~ent: The Section pro~ides procedures for the pre~aration, #f~ing, processing by the
Planning ~ivision, and the appro~al ar disappro~al of a discretianary perm~t that autharizes specific
Minor Variances ta zoning standards on spECific sites.
B. Aot~lication and re~iew~rocedures:
1. Applications for a Minor Va~iance shall be made in writing on a form prescribed by the
Planning Manager.
2. Applicants shall be not~ied in writing of incorrip[ete applica#ions within tfi~irty (30) calendar
days of the rr~ailing of said notice. FailUreto so respond and complete the applica#ion, may
result ir~ the application E~eing deemed ahandoned, and no further action s~ail be taker~
upan it.
3 All applications far Minflr Variances shall be reviewed by the Planning Di~isior~ and
forwarded ta other appl~cable County ager~cies or departments far re~i~w and comments.
The re~iew }~eriad shall not exceed 14 working days. Upon completion of the re~iew
periat, a recornmendation to either approve or disappro~e the request shall be submitted
to th~ Planning Manager for a decision on the projec# . The reporc to the Pianning Manager
shall include any recommende[~ canditions of ap~ro~al.
4. Th~ Planning Manager shall pro~ide public ~otice of the proposed praject. The notice shali
include a general explanation of the matter being considered, a general desc~iption of the
area to be affected and the date and locatian af the public hearing. The natice shall be
gi~en by mall to the 1 ~ closest properties to the subject parcel at least 1 fl calencfar days
prior to the public hearing. Said notice shall be mailec~ to said praperty owners using the
address frorr~ the latest equalized assessment ro!! of the County of Butte. Failure to ~eceNe
the notice shal! r~ot in~alidate any action on t{~e appiication.
C. A~pro~a! or disappro~al: After holding the public haaring, the Planning Manager, shall ma~ce t~e
findings of intent to recommend apprpval or denial o# the project to the Planning Commission.
Approval of a Minor Var~ance can be as it was ap~lied for or in modified form and condi~ions may
be imposed. Minor Variances far s9gns rrtay be conditioned to expire wit~ t~e change of copy for
the use, be reviewed on a periodic basis or be required to con~orm upon change of ownership,
ar~d/or s~all autama#ically ex~ire upon any riesignated period of time.
The project alang with #he recommendation of the ~6anning Manager and any conditions of approval
shall then be set as a conser~t agenda ~tem before the Plar~ning Commission. The Plar~ning
Commissian may only cor~firm the recommendation of the Planning Manager as a co~sent agenda
item, appro~ing of denying the Permit. If the Planning Commission wishes to change any of the
conditions or take an action that is different from the recommendatior~ of the Planning Manager, the
item must be remo~ed frorn the consent agenda, set far a p~blic heariRg, and noticed in the same
manr~er as specified in (~) above.
D. F[r~. __ dinas: The appra~ing authority shall maice t~e fol~awing findings before grantEr~g the Permit:
r~ Comprehensive Zoning Ordinance ^
Revised by Ord. 3164
II -18
^ Chapter 24 a~ the Butte County Code ^
Minor Variances from the terms of this chapter shalk be granted only wE~en, becattse of special
circumstances applicable to the properry, including size, shape, tapography, location or
surrot~ndings, the strict app[ication of this chapter deprives st~ch ~roperty of pri~~leges enjoyed by
other pro~erty in the ~icinity and under identical zaning classificatian. Any Variance ar Ad~~s#rnent
granted shafi be subject to conditior~s to assure that the deviation thereby author~zed shall not
constitute a grant of special prNileges inconsistent wi~h #he limitafions upon other properties ~n the
vicinity and zane in which such properry is s~tuated.
E. Limitations: The pnwer to grant a Minor Variance does not extend to ~se regulations. Flexibility
to the use regulatfons is pro~ided in the Conditional Use/and Minor Use provisions a# this
Ordinance.
"Cl~e Planning Manager may grant a Minor Variance, at a maximum reduction of twenty percer~t
(2D°,b) of the prescribed requirerrzents of this Ordir~ance w~h respect to fences, walls, hedges,
screening, or landscapir~g; width, or depth; front, rear, or side yards, co~erage, height of structures;
ttsable open space, or frontage on a puhlic street or other standard, as #he Minor Variance was
applied for or in modified forrn, i~, on the basis of the appiication and the evicfence submitted, the
ap~raving autharity makes findings of fact that estabiish that the circumstances prescribed in
paragraphs 1, 2, 3, 4, 5 and 6 below do apply.
i. ~ha# there are s~ecial circumstances appGcable to t~e property, {siz~, sha~e, topography,
~ocation or surroundings) or the intended us~ of the properry, and hecause af this, the strict
application of zoning standards Code depri~es the property of privileges enjoyed by other
proPerties in the ~iciniry t~nder identical zoning classification; and
2. That granting the Minor Variance or ~ts rtaodification is necessary #or the preser~ation and
enjoyment of a s~bstantial prope~y right possessed by other properry in the same vicinity
and zone and denied to the property for which the Minor Variance is sought; and
3. That granting the Minor Variance or its rr~od~#ication wili not be r~aterially detrirr~ental to the
public health, saf~ty ar welfare, or injurious to the praperty or improvements in st~ch vicinity
and zpne in wE~ich the properry is located; and
4. The granting of this Minor Variance does not constitute a special prNilege inconsis#ent with
the limitatians upon other properties in ~E~e vicir~ity and zone in which such properry is
si~uated; and
5. The granting of this Mfnar Variance does not allow a use or act~vit~+which is prohibited by
the zoning regula#ian governing #he parcel of pro~aerry.
6. That gra~ting the Minor Variance or its rrtodi~ication wiff not be incampatible with the Butte
County General Plan.
F. Ap~eafs. The appeal procedure for any action take~ by the Planning Commission on a MiROr
Variance request shail be the same as for a Use P~Tmi~ as specified in Section 24-,45.3U.
G. Lapse of Minor Variance. A Mirtor Variance shall iapse and st~all become ~oid ane year fol[owing
the date on which th~ Minor Variance became effecti~e, unless prior to the expiration of one year:
7. A buiEding permit is issueci and constrt~ction Es commenced and diligently pursued toward
completion on the site which was the s~b~ect of #he Minor Variance applicatlon; or
^ CamAreher~sive Zoning ~rdinance ^
Etevised by Ord. 3i64
I1 -19
^ Chapter 24 of ti~e Butte County Code ^
2. A certificat~ of accupancy is issued for ~F~e struciure w~ich was the subject of the M~nor
Variance application; or
3. The sit~ is occupied in accordance with the Minor Variance, i~ no buildir~g permit or
certificate of occupancy is required.
A Mi~or Variance may be renewed for an additional period of up ta one year, pro~ided #hat 60
calendar days prior to the expiratio~ date, an application for re~ewal of the Variance is fifeci with the
Plan~ing Manag~r on the prescribed form and accompanEed by ihe necessary data and fees. ~he
approving authority may grant or deny an a~plication for renewal of a Minor Var€ance.
SECTION 25-55 REAP~LICATION
Whene~er an appEication for change of zor~ing, Us~ Permit, variance or an expansEon of a nonconfarming
use is declined in the legislative process as set out in this chapter a~ the Bt~tte County Code, r~o new
appl~ca#ion for rezoning, EJse Perrnit, variance or expans9on of nor~cor~farming use pertaining to part or all
of the properry affected by said ini~iaf applicatinn may be filed for ane year from the date of the final decision
thereon; pra~ided, howe~er, that a new ap~lication may be filed where the applicant shaws at a public
hearing, as pra~ided herein, that there has been a change of circumstances that occurred after the final
decision on the pre~iaus applicatior~ or that the project was denied withot~ prejudice. A special pubfic
hearing shall tae held on the question of change of circumstances, which special hearing sha[{ be set,
~otic~ and heard in ~he same manner as for a hearing fior change af zoning as set fort~ in Section 24-45.25
of this cade.
A. A~plication: The application for said special hearing must he accompanied by the fee s~t by
resalutipn of the Board of Supervisors to be de~osited in the general fund of the County o# Butte,
no part of which shall be ret~rnable to the ap~licant.
B. Decision__and appeal: 7he decision of the Planning Cornrnission on th~ iss~e of change of
circumstances shail be final except that any interested persor~ may appeaC the decision to the Board
of Super~isors, pravided that a written notice of ap~eal is flled with the clerk of the Board of Super-
visors ar~d accompanied by the fee set by resalution af the Board of Supervisars within fir~e (5) days
of the decisian of the Planning Commission.
SECTION 2460 ENVIRONMENTAL IMPACT
Requirement for findings: Notwiths#anding any other pro~isi~n Of thi5 COd@ or any ordlnaRCe, all
discretionary decisions by #he Baard of Supervisors and Pianning Commissian require fir~dings prescrif~ec!
in the California En~ironrr~ental Quality Ac# and ordinances adapteci purs~ant thereto, ir~ additian to all other
requirements.
^ Comprehensive Zoning Ordinance ^
Re~ised by Ord. $164
Il -20
~ Chapter 24 of the Butte County Code ^
ARTICLE Il1.
ZONE DISTRICTS
SECTION 2465 APPLICABILITY O~ ZONING REGULATIONS
'The regulations set forEh in #~is Article Ill shall govern land use w~thin areas or districts so zoned. All uses
of land withEn a zoned dlstric# not specifically authorized or permitted by the regulations are prohibited
unless #hey ha~e been faund to be substantially similar to o#her permiited, conditio~al, or accessory uses
by #he ~irector of De~efopment Services or designee, the PEanning Commission, or Board of Supervisors.
Nor~e of the land uses listed shall ~e constr~ec€ to relieve any persan from obtaining and complying with all
applicable Federal, State, or local perm~s or regufations required to establish said ~se, induding, but not
limitECi to, building permits and sani~ation permiks and maintaining all structures and uses to the same
reg ulatians.
A. Procedures for investigation and prosecution af zonin .~ations. A!I aileged ~iolations o~ the terms
of the zoning ~rd~r~ances, o#her than those pro~ided for in Sectian 24-45.f~, shal! be investigated
by the De~elapment Serr~ices Departmertt, Planning Di~is9on, which shall make an inspection of the
s~te on which the ~ialation is alEeged to ha~e occurred or to be occurring and shall determine if the
site was and is being used ln coriformance with the zoning regulations governing that site.
Following such in~estigation and determination, the Pianning Div~sion and code enforcement officers
shal! proceed in accordance with the pro~isions of Article 1 of Chapter 41 af thfs Code.
B. Penalties.
Any person, firrn or carporation ~ioiating any pro~ision of this chapter shall be guilty of an
in#raction ar a misdemeanor as specified in Ghap#er 1 of this Cade. Each anci e~ery day
a ~ialatinn con#inues constitutes a separate offEnse.
2. The use of any property or fa~ilding in ~iolation of the terms hereof is hereby deelared to
be a public nuisance and may E~e abated in the manner pravided by law.
3. Nothi~g in this chapter shall pre~ent the apprapriate authorities nf the County from pursuing
any civil, crirninal or administra#ive rerrjedy deemed necessary or a~prapriate to gain
campl9ance with the a}~plicabte pro~isions of this Code.
S~CTION 2470 ESTABLlSHM~N7 O~ ZONED ~IS7RlC'~S
The zoning dEStricts within the ~nincorpora#ect areas af the Caunty are hereby established a;nd arE
designated as foflows:
A-5 (Agricultural, 5-acre parceEs)
A-10 (Agricuitural, 10-acre parc~ls)
A-15 (Agricuftural, 15-acre parcels~
A-20 (Agricultural, 20-acre parcels)
A-4D (Agricultural, 40-acre parcels)
A-160 {Agricu{tural, ~ 60-acre parcels)
^ Compre~ensi~e Zaning Ordinance ^
Rev,sed by Ord. 3164
~~~ - ~
^ Chapter 24 of the Butte Cour~ty Code ^
A-R (Agricultural-Residential)
AR-1 /2 (Agricultural-Residential, 1 /2-acre parcels)
AR-1 (AgrEcuftural-Residentiaf, 1-acre parcels)
AR-2-1 /2 ~Agricuitural-Residential, 2-1 /2-acre parcels)
AR-5 (Agricultural-fiesidential, 5-acre pa~cels}
AR-10 {Agricultural-Residential, 10-acre parcels)
ARMM {Agric€~Itural-Residerrtial, Mobile Home)
ARMH-1 (Agricultural-Resider~tial, Mabile M~me, 1-acre parcels}
ARMH-2-1 /2 (Agricultural-Resicientia~, Mobile Home, 2-~ /2-acre ~arcels}
ARMH-3 (Agricultural-Residential, Mabile Home, 3-acre parcels)
ARMH-5 (Agric~altural-Fiesidential, Mabile Home, 5-acre parcels)
A-SR (Agricult~aral-S~aburban Residential)
C-1 (Light Commercial)
C-2 (General Commerciaf)
GC (Cor~-~muniry Commerciak)
C-F (Cammercial Forestry}
FR-1 (Foothill Recrea#ional, i -acre parcels)
~R-2 (Foothilf Recreatianal, 2-acre parcels)
~R-3 (Foothill Recreational, 3-acr~ parcels)
FR-5 (Foothill Recreationaf, 5-acre parcels)
FR-10 (FoothiEi Reareational, 10-acre parcels}
FFi-20 (Foothill Recreatiortal, 20-acre parcels)
FR-40 (Foo#hill Recreational, 40-acre parcels}
FR-16U (~oothill Recr~ational, 1 fiQ-acre parcels)
H-C (Highway Commercial)
L-l (L.imited ~ndustrial)
M-1 (Light Industrial)
M-2 (Heavy Endus#rial)
MHP {Mobile Home ParEc)
M-R {Mountain ar Recreational Subd~vision - Residential)
~f-C (Neighborhood Cornrnercial)
PUD (Pianned Unit De~elopment)
P-Q (Pul~lic, Quasi-Public}
R-1 (Residential)
R-2 (Residential)
R-3 (Residen~iai}
R-4 (ResidentialJ
R-C (Reso~rce Conservation)
R-N {Residential-Nor~conforrning}
R-P (Residential-Professional)
RT-1 /2 (Medium Densiry Residential Mobile Home)
RT-1-A (Minirnum Density Residential Trailer}
S-H {Scenic Highway}
S-R (SuburE~an Residen#ial)
SR-7 /2 (SuburE~an Res9dential, 1 /2-acre parcels)
SFt-1 (Sub~rban Residentiaf, 1-acre parcels}
SR-3 (Suburban Residential, 3-acre parcels)
SR-5 (Suburban Residential, 5-acre parcels)
"~M-1 (Tirnber Mountain, 1-acre parcels)
TM-2 {Timber Moun#a€r~, 2-acre parcels)
TM-2-1 /2 {Timber Mountain, 2-1 /2-acre parcels)
TM-3 (f'irnber Mountain, 3-acre pa~ceEs)
^ Comprehensive Zoning Ordinance ^
fll - 2
Revised by Ord. 3i64
^ Chapter 24 of the Butte County Code ^
'fM-5 (Cirnber Maun#ain, 5-acre pa~cels)
TM-1D (Timber Mountain, 10-acre parcels)
TM-2Q (Timber Mo~arrtai~, 2D-acre parcels)
TM-40 (Tim~er Mountain, 44-acre parcels)
'TM-160 {Timber Mountain, 160-acre parcels)
~PZ-18d {Timber Preserve, i60-acre parcels)
U (Unclass~fied)
WP (Watershed Protection Overfay)
SECTION 2475 SITE REQUII~EMENTS
There are established certain minimum standards applicable to building s~tes throughout the County
regardless of zone. Such standards may be reciuced or 9ncreased by the regulations of a particular ~one
by explicit regulation in ihe Section of Ar~icle ill containing regulations for that zone:
A. Lot area or [~uildina site: Mir~imt~m required area of a lot shall be no less than:
i. For parcels that are served by individual wells and sewage disposal systems the minimum
lot size wiil be dictatecE by the area required to accommodate said systems in accordance
with County sani~atior~ requirements but in no case shall the parcel be less than eight
thousand one h~ndred twenty-f~-e {8,125) sq~aare feet.
2. ~ar parcels wherE p~blic sewage disposal service is provided:
a. A minimum of six thousand five hundred {6,500) sq~are feet for ~nterior lots.
b. A minimum o~ seven t~ousand five hundred (7',5U0) square feet for corner lots.
S. Lot wicith: The minimum iot width shall be sixty-frve (65) feet .
C. Lot frontage: 7he follawing minimum requirements shall apply:
Lo#s which front on a straight street and lots with paralle! sides shall ha~e frontage a# sixty-
fi~e (fi5) feet or more.
2. Lots which front an a curved street or on the end of a cul~e-sac shall have frorrtage af forty
(40) feet or more at the fron# lot Eine and sixty five (65) feet or more at the front yard
setback line.
A. Setback, front_y~rd: MinEmum fror~t yard setback shall be '#werrty (20} feet from the edge of the
uEtimate right-of-way from all public or private roads except where the road is class~fied as a Federal
Aid Road, in which case the setback shall be twenty-fNe (26) fest from the right-af-way.
E. Setback, side anci rear ~ards: Minimurr~ side and rear yard setbacks sha11 not be fess than #ive (5)
#eet from the praperty line for interiar lots and 10 feet from the ~ltimate right-af-way for the street
side setback on corner lots.
^ Comprehensi~e Zoning Ordinance ^
II~-3
Revised by Ord. 3164
^ Chapter 2~ of the Butte Co~anty Code ^
SECTION 24$0 SITE RE(IUIR~MENTS FOR SPLIT Dllf'L~X LpTS
In those zoni~g dis#ricts in which Section 24-75 is applicable, a two-family dweiling may be erected o~er a
lat line so that each dwefling unit is locatec! on a separate Iqt. Each Eqt qccupied by one (1) dweiling ~nit
of a duplex split by a fot line shall he required to meet the following rninimum standards:
A. Lot area. Lot area shall nat be Eess than four thot~sand (4,p~Q) square feet for interior lat5 and f~ve
thousand (5,00~) square feet for corner lots.
B. Lot width. Lot width shall not E~e fess than forky (40) feet #or interinr lots and fifry (50) feet for corner
lots.
C. Lot frontac~e: The #ollowing minimum requirements shall apply:
L.ois which front on a straight street and Eots with paralls! sides shall have a minimum
frontage of forry (4p) feet for ir~terior lots and fifty (54) feet for corRer Ipts.
2. Lots which frflnt pn a curved street or on the end of a cul-de-sac sF~al1 ha~e frontage of
#~irry {30) feet or more at ti~e fra~t lot line and farty (44j feet or more at the fror~# yard
setbacfc line.
D. Side vards: Minimum side yards shall nat be fess than five (5) feet except alang the loi line splitting
the duplex and ~0 feet from the ultimate right-of-way for the street side setback on corner lots.
E. Front and rear Yards:. Front and rear yards shall rneet the requirements of Section 24-75.
S~CTfON 2485 ALtQUOT PARTS
Each parcel or lot within the County shall ha~e a minimum acreage as indica:ted by the zoning dEStrict
acreage desigrtation. Hovve~er, ~or the purpose of com~lying with the rninimum lot area requirements,
sectians of land co~taining less than six hundred forty ~64E}) acres shall be deernec~ to be equivalent to six
h~ndrerl forty (fi4E}) acres. Parcels resulting from the dNisipn of sections with less than s~c hundred farty
(640) acres into units of 1/4, 7/16, ~/32, i/64, or 1/i 28 of said 5ections shall afso be deemed to be
equi~alent ta the corres[aonding and respective lot areas req~ired ~y the acreage designations (1 BD, A~D, 20,
ii3, or 5) of the per~inent zoning dEStrict. The applicant shal! pro~ide adequate praof t{~at the section in
question is irreg~tlar.
^ Campreh~nsi~e Zoning ~rdinance ^
Revised by Orcf. 3164
lll - 4
~ Chapter 24 of #he Butte County Code ^
AGRICULTUF~AL ZONES
SECTION 2490 A-5 THRQIJGH A iB0 (AGRICULTURA!} ZON~S
The folfowi~g permitted uses, uses requiring a Use Perm~, and uses requiring an administrati~e permit, shall
apply to ail zor~es A-5 through A-160. fJses that are unique to a partic~lar zone and site ret~uirements for
each zone will be listed separately.
A. Uses permitt~:
1. One single-farnily dwelling, mobile home, or modular hame, per parcel.
2. Agricuit~ral uses, incl~ding the keepir~g of animals, subject to the animal mairrtenance
requirerrzents of Sectinns 24-255 ti~rough 24-255.15, inclusi~e, af this Code, the grawing and
harvestin~ af forestry produc#s, and aquacuiture.
3. Mining, quarrying, and cornmercial excavation wh9ch is exempt #rorn a mining permit and
reclamation plan pursuant to Cha~ter 13 of the Butte Courriy Gode. Oil and gas wells
including r~-injection wells for naturai gas..
4. 'The erection, constr~ction, alteration or rr~aintenance of gas, electric, water or
corr~munieatian iransmission facili#ies.
5. Housing facilities (incfuding mobila homes} to accommodate up to i2 agricult~tra~ woricers
and their fami[ies emplayed by the owner or operator of the premises or awners or
aperators of ot~er agricultural lands pursuant to Section 17t}21.6 of tE~e California Hea[th
and Safety Code and s€~bject to State permits.
6. The ~ase of a single family residence as a small family day care F~ome, licensed farnily care
home, foster home, ar group home for mentally disordered or otherwise handicappeci
per5ons or neglected children. Said homes shaf~ serve B or fewer persons and shall he
subject ta all applicable State regulations and limitations.
B. Accessory uses:
Thase ~tses normally assflciated with a single family res~dence use and are in cor~junction
with or incidental to the rESidential use, includiRg but not limited to a garage, workshop,
shed, garden, prNate swimming paal, pri~ate tannis cour~, gazebo, spa, etc.
2. A Guest House as defined by Sec#ion 24-3E35.175 .
3. Buildings and uses accessory to the permitted uses, including agr€cu~t~ral pracessing
plants, airstrips used far crop dusting or seeding, barns and other storage or shop
buildings, seasonal hunting and fishing cam~s, ir~cluding those which accommodate
recreational ~ehicles and travel trailers, pro~iding tha# said recreational ~ef~icles and tra~el
trailers sf~all not be usec€ for year-round occupancy, recreationaE ~ses not requiring
permanent irrzpravements and not interfering materially with agricultura~ operatians,
including hunting, fishing, camping, hiking, riding and similar ~ses, the processing and sale
of firewood and wood praducts grown on site.
^ ComprehensNe Zoning Ordinance ^
Revised by Ord. 3164
~~~ - rJ
~ Chapter 24 of the Butte County Code ^
C. Uses requlring Use Permits: The fallowing uses are permitEed subject to a Use Permit:
~ . Public or quasi-publEc ~ses.
2. Public tasting rooms in canjunction w~h a winery, provided tha# such 'tasting room be
cansidered accessary to #he an-site winery.
3. KenneEs, public or riding stables and academies.
4. Outdaor eommereial recreationaf faci[ities on sites not less thtan 5 acres.
5. Wood lots and woad pracessing plants selling and processing wood not grown on site.
Mining a~d commerciai excavation requiring a rrzi~i~g permit and rEClamatfon plan pursuant
#o Chapter ~3 of the Butte County C~e.
6. Private airpo~s or air strips that are nnt accessary to an agricuftural use.
7. ~ The segregation of a homesite pursuant to Section 24-285, the segregation of an
agricultural processing site ~ursuant to Section 2429{l.
D. ~Jses re uirir~ Minor Use Permit: The following uses may be perrnitted pursuant to the
requirements of Sectian 24-41
1. l.arge fam€ly day care facilities subject to the requirements of Section 24-265
2. Bed and BreakFast Home
E. Uses reat~irinq an Adrr~inistrat~e.,perrnit: ~"he fallowing uses may be permitted subject to the
requirements of Section 24-40:
1. Hame occupatior~s pursu~ant to Section 24-270
2. Terr~porary uses as listed in Section 24-30E3.
3. A temporary rrtaE~ile hame subject to ti~e requirements of Section 24-295 and 24-295.1fl
SECTION 249D.10 A-5 THROUGH A-160 SITE REQUIREMENTS
Areas and setbacks are rninimum requirements ~nless otherw~se stated:
^ Compref~ensive Zoning ~rciinance ^
Revised by Ord. 8164
lil-6
^ Chapter 24 of the Butte Co~nty Co~e ~
Zone ~istrict Lot Area Lot
Frontage Frant Yard
Sethacfc Side Yard
Setback Rear Yard
Setback
A-5 5 acres 65' ZE3'* 5' 5`
A-1 U i 0 acres 65' 20'* 10' 10'
A-15 15 acres 65' 2D'* 10' 10'
A-20 20 acres 85' 2U'* 25' 25'
A-40 44 acres 65' 2a' * 25' 25'
A-~ 60 160 acres 65' 2d'* 25' 25'
* Minim~arn fror~# yard setback shall he ~-nrenty (20) feet #rom the edge of the u{tirt~ate right-of-way from all
public or pri~ate roads except where the road is class~ied as a Federal Aid Road, in which case the setback
shall be twEn#y f'ive (25) feet fram the edge of the ultimate rigt~t-of-way.
^ Comprehens~e Zoning ~rdinance ^
Re~ised hy Ord. 3164
Ill - 7
^ Chapter 24 af the Butte Co~nty Code ~
RESIDENTNAL ZONES
SECTiON 249a AR THROUGH AR-i0 (AGRICULTIlRAL RESIDEN7IAL) ZONES
The foflowing permitted uses, uses req~iring a tJse Perm~t, and administratNe uses, shall apply #o all zones
AR through ARMH-~0. Uses t~at are t~nique to a particular zone and site requirements for each zane will
be listed separately.
A. Uses ermi~ed:
One single-family dwelling or mocJular home per parcel.
2. The use of a single family residence as a srnalk family day care home, 19censed farnily care
home, faster home, or group hame for mentally disordered or otherwise har~d9capped
persons or negfected children. Said homes shall ser~e 6 or fewer ~ersons and s~a!! be
subject to a!! applicable State regulations and kimitations.
S. Accessory ~ses:
1. Those uses and s#ructures normally asspciated with a single famiiy residentiaf use and are
in con~unction with or incidental to the residEn#ial use, inclut~ir~g but not limited to a garage,
workshop, sh~4, garden, pri~atE swimming paol, private tennis court, gazebo, spa, etc.
2. A Guest House as defined by Section 24~05.175 ofi the Butte County Code.
3. Agricultural uses, including the keeping of aRimals, subject to the animal maintenance
requirements of Sections 24-255.1 through 24-255.15, incfus~re, of this Code.
C. Uses requiring Use F'ermits: The following uses are permitted subject to a Use Permit:
1. ~uplex ciweflings, multiple residencas, and m~tltiple-famiiy dwellings subject to the dens~ty
allowed by the Generaf ~lan, and bed and breakfast in~s.
2. GoEf courses and country cl~bs, including but not kimited ta accessory uses such as dri~ing
range, pro sf~op, cac~ail bar, restaurant.
3. Public and quas~-pt~blic usES.
4. Corrzrnercial poultry farming and livestock farrniRg, n~rseries and plant gardens.
5. Veterinary clinics, kennels.
6. Sales tract ofifice.
7. Mobile ~ome parks subject to t~e der~s'rry of the General PEan in the AR, AFt-~ /2, and A~-1
zones only.
D. Uses requ[ring_ a Minor llse Permit: The following uses may be permitted subject to the
requirements af Sec#9on 2~F-4~ :
^ Comprehensive Zoning Ordinance ^
Re~ised by Ord. 3164
~~~ - $
^ Chap#er 24 0~ the Butte County Code ^
~. Large family day care facil~t9es subject ta the requirements of Section 24265
2. Second c4wefling untt subject to the rEquirements of Sectian 24-280.
3. Bed and Breakfas# Home
E. Uses req~irinc~ an AdministratNe PErmi~: The followi~g uses may be perrnitted subject to the
requirements of Section 24-44}:
Home occupations subject to the requirerrients of Section 24-270
2. Tempnrary ~ses as listed in Sectian 24300.
3. A temporary mobife home subject to t~e req~irements a# Section 24295 and 24-295.i0
SECTIDN 2495.10 AR THROUGH AR-~!0 SITE RE~UIREMENTS
Areas and setbacks are minim~m requiremer~ts unless otherwise stated.
Zane District I~ot A~ea Lot
Width Front Yard
Setback S~de Yard
Set~ack Rear Yard
Setback
AR See Section
24-T5 65 20'* 5' S'
AR-i /2 1/2 acre 65' 20'* 5' S'
AR-1 1 acre 130' 20'* 10' 10`
AR-2.5 2.5 acres i 30' 20'* 10` 1 E}'
AR-5 5 acres 130' 2D'* 10' 1 U'
AR-10 10 acres 13Q' 20'* 10' 10'
*Minimum front yard sethack shal! be 'tweniy (2D) #eet from the edge nf the ~tltimate right-of-way from all
}~ublic or private roads except where the rnad is classified as a~ederal Aid Road, in wh9ch case the setback
shall be twenty five (25) feet fram the ecige of the ultimate rig~t-of-way.
SECTIDN 24100 ARMH THHOUGH ARMH-5 (AGRICUL.TURAL RESIDENTIAL MOBILE HOME) ZONES
The following permitted uses, €~ses requiring a Use Permit, and administrative uses, shall apply ta all zones
ARMH through ARMFI-5. Uses that are u~ique to a particular zone and s~e requiraments for each zane wi11
be I€sted separately.
A. Uses permitted:
One single-famify dwelling, mobile home, or r~odular home per parcel.
^ Comprehensi~e Zoning Ordinance ^
Revised by Ord. 3164
Ill-9
^ Chapter 2~ o~ the Butte County Code ^
2. T~e use of a singie family residence as a smal9 farnily day carE home, Ilcensed family care
home, foster horne, or group home for mentaliy disardered or otherwise haRdicapped
persons or ~eglectec! children. Said homes shall serve 6 or fewer persons and shafE be
subject #o all appkicable State regufations and 19mitations.
B. Accessory uses:
1. Thase uses and s~ructures narmally associated with a single family residential use and are
in conjunctian wtth or incidental to the resider~tial use, incl~ding but r~ot lirnited to a garag~,
wprkshap, shed, garden, private swimming pool, prnrate #ennis courk, gazebo, spa, etc.
2. A Guest House as defined by Section 24-305.175.
3. AgricuituraE uses, including the keeping of animals, subject to the ar~imal mair~ter~ance
requirements of Sect~nns 24255 through 24-255.15, inclusirre, of this Cade.
C. Uses re uirin Use Permits: The following uses are permitted subject to a Use Permit:
~uplex dwellings, multiple residences, and mul~ipfe-farniiy dwellings subj~ct to the density
allowed by the General Flan, and bed and E~reakfast lnns.
2. Go~f courses, cour~try cEubs, incl~ding but not limited tn , accessary uses such as dri~ing
range, pra shop, cocktail bar, restaurant.
3. Puhlic and quasi-publ9c uses.
4. Commerciai poultry farming aRd livestack farming, nurseries a~d plant gardens.
5. Veterinary ckinics, kennels.
6. Sales tract office.
7. Mabile home parks subject #o the density of the General Plan in the ARMH, ARMH-1 zones
onEy.
D. Uses _req~iri~ a Minor Use Permit: The foilowing ~ses may be perrriitted s~[~ject to the
requirements of Sectian 24-41:
1. ~rg~ family day care faeilities subject to the reqt~irements of Section 24-265.
2. Second dwelfing unit s~a~jeci to the requirements of Section 24-280.
3. Bed and BreskFast Home.
~. Uses rea~airina an Administrati~e Permit: The following uses may be permitted subject to the
requirements of Section 24-4Q:
1. Horr~e occupatians subject #o the requiremer~ts of Sectian 2~-27D
2. Ternparary uses as iistecf in Section 24~00.
3. A t~mporary mobile home subject to the req~irements of Section 24-295 and 24-295.10
~ Camprehensirre Zoning Ordinance ^
Revised by Ord. 316a
lll - 1Q
^ Chapter 24 af the Butte Cour~ty Code ^
SECTION 24i00.10 ARMH THROUGH ARMH-5 SiTE REQUIREMENTS
Areas and setbacks are mi~imum requirernents unless otherwise s#ated.
Zone District Lot Area Lot
Width Front Yard
Setback Side Yard
Setback Rear Yard
Setback
ARMH See Sec#ion
2~4-75 65' 20'* 5' 5'
ARMH-i 1 acre 65' 2Q'* 5' 5'
ARMH-2.5 2.5 acre 130' 20'* 1d' 1{3'
AFiMH~ 3 acres 930' 20'* 10' T4'
A~iMH-5 5 acres 130' 20'* 10' 10'
* Minimum front yard setE~ack shall be twen#y (20) feet from the edge of the uitirr~ate right-af-way from all
public or prNate rqads except where the road is classified as a Federal Aid Road, in wh9ch case the setback
s~all be twenty-five (25) feet frorr~ t~e edge of the ultimate right-of-way.
SECTION 24105 A-SR (AGRICULTURAL 5E1BUR~AN RESID~NTIAL} ZONE
A. Uses nerrr~~teci:
1. O~e single-fam~ly cfwelling or modufar hame per parcel.
2. The use of a single farn~ly residence as a srnall family day care home, licensed family care
home, faster home, or grovp home for mentally disordered ar othe~nrise handicapped
pe~sons ar r~egleeted children. Said homes shall serve 6 or fewer per~sor~s and shall be
subject to all applicable Sta#e regulations and limitations.
B. Accessonr ~ses:
Those uses and structures normally associated with a single farrtify residential use and ar~
in conjunction w~th or inciderrtal to the residential use, including but not fimited to a garage,
works~ap, garden, private swimrning paol, private tennis co~rt, gazebo, spa, etc.
2. A Guest House as defined by Section 24-305.i75.
3. Agric~ltural uses, including the lceeping af animals, sub~ect to the animal maintertance
requirements af Sectians 24-255 thro~gh 24-255.15, inclusive, of this Cade.
G. Uses renuirinca Use Ferm~s: The'fol[owing uses are permitted subject to a Use Permit:
Public and quasi-public ~ses.
2. Nurseries and plant garder~s.
^ Comprehe~sive Zoning Ordinance ^
Revised by Ord. 3164
I{l-11
^ Chapter 24 of t~e Butte County Code ^
3. Sales tract office.
4. Mabile home parks sub~ect #o Lhe dens'i#y of the General Plan.
D. Uses reauiring a Minor Use Permit: The #ofiowing ~ses rriay be permitted subject to tF~e
requirements af Seciion 24-41:
1. Large family day care facilities sub~ect to the req~irements of Section 24-2G5.
2. Secor~d dw~lling unit s~ab~ect to the requiremer~ts of Section 24-280.
3. Bed and Breakfast Home.
E. Usps reQUirinq an Administrati~e.Perr~it: The fqllowing uses may be permit~ted st~bject to the
requirements of Section 24-40:
1. Home occupations sub~ect to the requirements of Section 24-270.
2. '~emporary uses as listed ir~ Section 24-300.
3. A temporary mobile hame subject to the req~irements of Sec#ion 24-295 and 24-295.10
F. Lot reg~irernents: The pravisions of Sections 24-75 ar~d 24-80 concerning site requirements sha{f
aAP~Y•
SECTION 24110 FR-1 THROUGH FRW160 (FOOTHILL RECREATEONAL) ZONES
The following permitted uses, uses requiri~g a Use Perrr~it, and administratNe uses, shall appiy to all FR
zonES FR-1 thro~gh FR-160. Site requirerr~ents for each zone wip be listec! separately.
A. Uses permitte~l:
i. Qne singie-famEfy dwelling, mobile home, or modular home, per parcel.
2. Mining, yuarrying, anci commercial excavation which is exempt fram a mining permit a~d
rec~arnation plan pursuant to Chapter i3 0~ the Butte County Code..
3. Protection of land and forests from fire, erasion, ~oods, slides, quakes, insects, diseases
ar~d pollution, inciuding arbaretums a~d natural, experimental and stuciy areas.
4. Pedestrian, equestrian and bicycie trails.
5. Agricuktural and forestry experEmental areas.
6. The erection, construction, alteration or maintenance of gas, electric, water or
cott~munication transmission facilities, hydro ge~erating projects of 5 megawatts or less.
7. TF~e use of a s9ngEe family residence as a sma!! farr~ily day care horr~e, 1ic~nser! #amily care
horne, foster home, or group home for mentaliy disordered or otherwise handicap~ed
s Comprehe~sive Zoning Ordinance ^
Revised by Ord. 3164
Ill - 12
~ Chapter 24 of the Butte County Cade ^
perso~s or negfected children. Said hornes shall serve 6 or fewer ~ersons and sha!! E~e
subject to all applicable State regulations and limi~a#ions.
S. Accessory uses:,
Thase uses and structures norrnally associated with a single farrEily residential ~se and are
in conjur~ction wiii~ or inc9dental to the ~esidentiak use, incl~ding but not iim~ted to a garage,
workshop, garden, private swimming poo1, pri~ate tennis caurt, gazeho, spa, etc.
2. A GUest Ho~ase as defined by Sectior~ 24-3i~5.175
3. AgricuEtura! t~ses including:
a. Keeping and raising small animals for domestic use, incl~r~ing dags, cats and
hot~sehald pets, poul#ry and other birds, bees, fish, warms and frogs.
b. 7he keeping af animals, s~bject to the animal maintenance requirements of
8ections 24-255 thraugh 24-255.15, inclusNe, of this Cade.
c. Raising ar~d harvesting trees, fruit, grain, flowers, herhs and other pfarrts and food
crops.
d. Disp[ay and saie of agricultu~al goods produced on the premises.
E. Necessary accessory uses, nat including storage and prpcessing of gaods frnm
nanadjaceni land• or land under different ownersl~ip.
C. Uses requirinc~ Us~ Perm~ts: The fo~iowing uses are ~ermitted subject to a Use Perm~t:
Mining and commercia! exca~atio~ requirir~g a mining perrnit and reclamation plan pursuant
to Chapter 13 of th~ Butte County Cale, hame occupations which might be objectionabfe
becat~se af noise, acfor, smoke, dust, brigh# light, vibration, poflution, trafific congestion,
unsightly storage areas, materials or equipment, the handling of explasNes or dangerous
materials or the storage of one h~ndred (100} or more gallons of flamrr~abfe fluids.
2. Kenneks and a~imal hospitals an sites not less than fNe (5) acres.
3. Pri~ate qr commercia~ outdoor recreatipnal facilities on s~tes not less than five (5) acres,
includir~g but not fimited to goff courses, recreational clubs, riding academies and stables,
hu~#ing laiges, and camps, boat ramps, and campgrounds.
4. Pubfic and q~aasi-pubfic uses.
5. Pubiic tasting rooms in conjunction with a winery on sites not less #han fi~e (5) acres,
provided that such tasting roorrt must be accessory to th~ on-site winery.
6. Wooci LOLS.
7. A second dwelling or caretakers res9dence ort ~arcels that have a# ieast twice the minimum
lat size requirernent; Bed and Breakfast Inns.
8. Mobile home parks suf~ject to the density of the General Plan, in the FR-1 za~e only.
^ Compre~ensirre Zoning Ordi~ance ^
Revised by Ord. 3164
II1 - 13
^ Chapter 24 of the Butte County Code ^
D. Uses requiring a Minor Use Perrnit: The foflowing uses may be permitted subject to the
req~irements af Section 24-41:
1. Large family day care faci[ities subject to the requirements of Section 24-2G5
2. Second Dwelling Un~ subject to the requirements of Section 24-28fl.
3. Sed and Breakfast Horne
E. Uses requiring an Administrati~e Permit: The following ~ses rr~ay be permitted subjeci to the
requirernents of Sectior~ 24-40:
i. Home occupations subject ta the reguirements of Section 24-27~
2. Temporary uses as listed in Sec#ion 24~D0.
3. A temporary mobiie horr~e subject to t~e requirements of Section 24-295 and 24-295.1 a
S~CTION 24110.i0 FR-1 THROIfGH FR-160 SlTE REQUIREMENTS
Areas and setbacks are minimum requirernents unless otherwise stated.
Zor~e District Lot Area Lot Widt~ Front Yard
Setback Side Yard
Setback Rear Yarck
Setback
FFi-1 1 acre 22Q'* 2d'** 5' S'
FR-2 2 acres 220'* 2D'** 5' S'
FFi-3 3 acres 22Q'* 2Q'** 5' S`
FR-5 5 acres 220'* 20'** 10' 1D'
FR-~ 0 10 acres 220'* 2fl'*~` i 0' 10'
FFt-20 20 acres 220'* 20'** 25` 50'
FR-40 40 acres 220'* 20'** 25' S{7'
FR-~60 160 acres 22Q'* 20'** 25' 5Q'
* Lot width: Minimum requ~red ioi wicith sl~aii not be less than two h~andred twenty (220) feet; except when
adjoinir~g a rnajor road or creek, the minimum frontage sha!! not be less than three hundred (304} feet.
** ~roM yard setbac[c: Minim€am front yard setbacfc shall be twenty (20} #eet from the edge of the
ultir~ate right-of-way frorr~ all ~u~lic or private roads except where the road is classi~ied as a Federal Aicf
Road, in which cas~ the se#back shall he iwenty-five {25) feet from the edge of the uitir~ate right-of-way.
^ Comprehensive Zoni~g Ordinance ^
Revised by Ord. 3164
IIl - 14
^ Chapter 24 of the Butte Couniy Code ^
S~CTION 24115 M-R (MOUNTAIN OR R~CREATION SUBDIVISION - RESID~NTIAL} ZONE
A. Uses permitted:
1. Agr~c~alt~ral and forestry experimental areas.
2. Arboretums.
3. Harvesting of wild crops, timber or s~ch as rrEarsh hay, ferns, mass and herr~es.
4. Pedestrian and equestrian trails.
5. One singl~-family dwellirsg, modular home, or rr~obile home per parcef.
6. The use of a single family residence as a small family day care hame, licensed family care
home, foster home, or group home for mentally disordered or otherwise hancficapped
persons or neglected children. Said homes shall serve 6 ar #ewer persflr~s and shall be
subject to all appiicable State reguEatians and limitations.
B. Accessory uses:
1. '~hose ~ses and structures normally associated w~th a single famiiy residential use ar~d are
in conjur~ction with or incidental to ihe residentia~ use, inci~ding but not limi~ed to a garage,
workshop, garden, private swimming paol, pri~ate tenr~is court, gazebo, spa, etc.
2. A Guest House as defined by Section 24-3a5.175
3. Agricultural uses, i~clud~ng the keeping of animals, subject to the animal maintenance
requirements of Sectians 24-255 through 24-255.15, inclusi~e, of this Code.
C. Uses re uirinq Use Permits: The following uses are permitted subject to a Use Per~nit:
~. Public and quasi-}~~blic uses.
2. Pri~ate or commercial outdflor recreational facilities on sites not less than five (5) acres,
including bui not lim~ted to golf courses, recreational clubs, riding academies ancE stables,
hunting lodges and caEnps, boat rarnps, and carnpgro~nds.
D. Uses requirina a Minor Use Permit: i'he following uses may be permitted subject to the
requirements of Section 24-41:
1. Large family day care facil~ties subject to the req~irements of Section 24-265
2. Second dwelfing unit subject to the requirements of Section 2~F-280.
3. Bed and Breakfast Home
E. U~es requiring an Administrative Perrnit: The following uses may be permitted subject to the
requirements of Sectior~ 24-4D:
1. Home occ~patior~s sui~ject to the requirements of Section 24-270
^ Comprehensive Zoning Ordinance ^
Revised by Orci. 3164
IIl - 15
^ Chapter 24 of the B~atte County Code ^
2. Temporary uses as l~sted in Section 24-300.
3. A temporary mobile home subject to the requirements of Section 24295 and 24-295.~D
F. Site re~uirements:
1. Minimum lot area: ~ive (5} acre.
2. Minimum lot width re uired: Minimum lot width shall Rot E~e less than one hundred thirty
(13fl) feet as measured along the lot frontage or at the building setback line.
3. Side and rear Yard required: Minimum side and rear yard shall not be less than ter~ (1D)
feet.
4. Front yard: Minimum front yard setback shall be twenty (2a) feet frarn the edge of the
ultimate right-of-way from aEl public or pri~ate roads excepi wherE the road is classi~ied as
a Fecieral Aid Road, in which case the setback shall be twenty-fNe {25) feei fram the edge
of the ultimate right-of-way.
SECTION 24120 R-1 THROUGH R-4 {RESIDENTIAL) ZONES
A. Pu~ose and inient: lt is the purpose and intent of the Residential or "R" zone to provide suitabfe
areas artd er~~ironments for farnilies, indi~idual owners and renters in srr~a~ler, relatNely compact,
single family dweiiings and mufti~fe-fiamiiy cnmrrzon wall dwellings. The "R" zone is ir~tended to
pro~ide for a rr~~cture of housing types including detached single-family, duplex, triplex, townfio~ses,
condominiums, apar~ments and mabile home parks de~elaped to higher densities. The "R" zone
is intended to stabilize neighborhoods of these dwelling types by protecting them from
encroachment by incorrtpatible and potentially destructn+e uses. The "R" zone will be applied within
the urban cornrr~unities of Butte County designated for Low, Medium, and High Density Residential
de~eloprnent where [arban services are more fully de~efo~ed.
B. Permitted uses: Tf~e following are the permitted uses in the "R" zone. N/A = Not Allowed, Yes =
Permitted use, C= Conditional Perrr~i~ Required
Zones
R-1 R-2 ~t-3 R-4
One single-family dwelling per parcel ... Yes Yes Yes Yes
2. General agriculturai ancf large-scale
gardening, including farming, horti-
cufture, floric~lt~re, ~i~icultUre,
aquaculture and apiaries . . . . . . . . . Yes No No No
3. One du~lex or zero lot line single-
family dwelling (halfpfex per parce!) ... No Yes Yes Yes
~. Multiple-famiiy dwellings, a~a~tments
and cnnc~ominiums and townhauses ...... No No Yes Yes
^ Comprehensive Zoning Ordinance ^
Revised by Ord. 3164
lli - 16
^ Chapter 24 of the But~e County Code ^
5. Dwelling groups or separate dweilings
on a s9ngle parcel . . . . . . . . . . . .
6. Licensed farniiy, faster or group homes
ir~ conjunetion with six (6) or fewer
indi~iduals on a twenty-four-hour basis ..
7. The use of a single farnily residence as
a srr~alf family day carE home, licensed
family care home, foster home, or group
home for mentally disordered or otherwise
handicapped persons or neglected children.
Said E~~rr3es shall serve 6 or fewe~ persons
and sha11 be subject to all applicable
State regulations and limitations. . .
Zones
R-1 !~-2 R-3 R-4
No Yes Yes Yes
Yes Yes Yes Yes
Yes Yes Yes Yes
C. Accessory_uses: T~e following are ~he accessory uses permitted in an "R" zane:
Zones
R-l R-2 R-3 R-4
1. Guest homes, not rented, subject to the
pro~isions of Sec#ian 24-305.175 . . . . .
2. Rooming and boarding subject to tE~e
pro~isions of Section 24-305.a4?. . . . . .
3. Vehicle, camper, trailer and baat
storage subject to the provisions of
Section 24-24U . . . . . . . . . . . . . . .
4. ~ets and small animals (but not including
livestock, poultry or poisonovs reptiles) .
5. Pri~ate garages and parking areas .....
6. Fences and hedges up to forty two (42}
inches high within front yard setba~k
areas and up ta six (6} feet high along
side and rear properry lines . . . . . . .
7. Other accessory uses and structures
customarify app~rtenan# and clearly
incidental to a perrnitted use . . . . . . .
Yes Yes Yes Yes
Yes Yss Yes Yes
Yes Yes Yes Yes
Yes Yes Yes Yes
Yes Yes Yes Yes
Yes Yes Yes Yes
Yss Yes Yes Yes
^ Comprehensi~e Zoning Ordinance ^
Ftevised by Ord. 3164
~~~ - ~~
^ Chapt~r 24 of the Butte County Cade ^
D. Uses requirina a Use Perrnit: TF~e faflowing are conditional uses in an "R" zone. 7he follawing uses
may be conditional and require a Use Perm~t if a~plicable:
Zanes
R-1 R-2 Ft-3 R-4
~. Mobile home parks meeting the standards
o~ Sections 24-3Q5.285 anc~ 2~-205 {MHP) ... C C C C
2. Pubkic and quasi-public buildings, struc-
tures and uses o# an adminis#rat~ve,
educationaf, relEgious, cultural, com-
m~anications and public service nature ... C C C C
3. Rest homes, convalescent hnmes and sani-
tariums for more than six (6) res9der~ts .. C C C G
4. Licensed famify, foster or group l~omes
in conjunction with seven (7) or more
persons and clay care faciiities far
over twefve (12) children . . . . . . . . . C C C C
5. Private ki~dergarten, efementary,
secondary or post-seconcfary schools .... C C C C
6. Sacial halls, lodges, fraternal organiza-
tions and clubs opera#ed by recogn~zed
non-profit arganizations . . . . . . . . . G C C C
7. Hospitals . . . . . . . . . . . . . . . . . N/A N/A C C
8. Medical aRd dentaf clinics and of#ices .. C C C C
9. Sales tract offices . . . . . . . . . . . . Yes Yes Yes Yes
10. Neighborhood commercial . . . . . . . . . . N/A N/A C C
E. Uses reo~airinq Planning Manaaer action: The following uses will requ9re appro~al or actinn by to
Planning Manager:
Zones
R-1 R-2 R-3 R-4
1. Large farnily day care facili~Ees subject to
the ~equirements of Seciion 24-265 ....... MlJ MU MU MU
2. Second Dwelling Unit subject to the
requirements of Section 24-28U . . . . . . . . . . C Yes Yes Yes
^ Comprehensi~e Zaning Ordinance ~
Revised by Ord. 3164
~~~ - ~ g
^ Chapter 24 0# the Butte County Code ^
Zones
R-1 R-2 R-3 R-~4
3. A temporary mobile home subject to the
requirements of Section 24-295 and 24-295.10 ..A A A A
4. Bed and Breakfast Home . . . . . . . .. . . . . . . MU MU Yes Yes
5. Nome occupations subject to the pro~i-
sions of $ection 2~#-270 .. A A A A
fi. Temporary uses subject to the pro~isions
of Section 24-3~0 . . . . . . . . . . . . . . . A A A A
A = Administrative Permit required
MU = Minor Use Perrnit requireci
Yes = Permitted ~se
SECTION 24120.10 R-1 THROUGH R-4 SfT~ REQUIREMENTS
The fiollowing minimum requiremer~is shall be obseEVed, except where spec'rfically modffied for conditionak
uses. The minimum requirements shall be thase for the zone as designated on the zoning map:
Zones
R-1 R-2 R-3 R-4
1. Heighi {feet) Comment: Conform to the
Principal Pro~isions of Butte County Suifding
Accessory Code Section 26-3.5.
2. Parcef size ~square #eet). ...... 6540* 8500* 8500* 6500*
Gorner lot . . . . . . . . . . . . . . . . 70DQ* 7000* 7000* 70Q0*
Spfit single-fa:mily on zero lot line
(halfpiex) . . . . . . . . . . . . . . . N/A 4DOp 4040 4000
Corner lot . . . . . . . . . . . . . . . . N/A 5flE10 50D0 500d
3. Building site area per unit (s~{€aare feet~
jincluding ~rnro {2} aff-street parking
spaces] ................. 65fl0 3250 325d 2150
4. i'arcel width (feet) at setback line:
Interiqr . .. .. . .. ... .. ... 65 5Q 5D 50
Carner lot . . . . . . . . . . . . . . . . 7a 65 55 55
^ Compr~f~ensive Zoning ~rdinance ^
Revised by Ord. 3164
I!I - ~9
^ Chap#er 24 of the Butte County Code ^
ZpRBS
R-1 R-2 R-3 R-4
5. Public s#reet frontage (feet):
Curve or c~l-de-sac . . . . . . . . . . . 4E} 40 40 40
6. Front yard setback (feet):
From edge of uf#imate righ#-of way. . 2D 20 20 2{~
Side street property line ....... ~ 0 i 0 1 Q 10
7. Side yard setback {feety ........ 5 5 5 5
8. Rear yard setbacfc (feet) ........ 15 10 5 5
9. Distance be~nreen buildings on the
same parcel (feet) . . . . . , . . . . . 10 10 10 ~ 0
*On public sewage disposal service. All other lots to r~eet requirem ents ofi the Environmentaf Health
Di~isi or~ for septic systems, the minimum lot sizes may be requirecf to t~ e larger.
SECTION 24125 R-N [RESIDENTIAL-NONCONFDRMING} ZONE
A. Usespermitted:
1. One single-family c{welliRg, modular ~ome, mo~ile home, or tra~ef trailer per parcel.
2. The use of a singke family residence as a srnall family day care hqme, licensec! #amily care
home, faster home, or group horr~e for mentally disordered or otherwise handicap}~ed
persans or negfected childre~. Said homes shail serve 6 or fewer persons aRd shall be
subject to afi applicable State regulations and fimitations.
B. Accessory uses_
1. Those uses and structures normally associated with a single family residential use and are
in conjunction with or incidental to the residential use, including but not limited to a garage,
workshop, garden, private swimming poo1, pri~ate tennis court, gazebo, spa, etc.
2. A Guest House as defined by Sectian 24-305.175.
3. Household pets, b~ not including livestock, paultry or poisonous reptiles.
C. tJses requiring Use Permits: The folfowing uses are per~itted sut~ject ta a Use Permit:
1. Duplex dwellings, rnultiple singie family dwellings, and multiple-family dwellings.
2. Public anc! qtaasi-public uses.
~ Comprehensi~e Zoning Ordinance ^
Revised by Ord. 3164
i I I - 20
^ Cha~ter 24 of the Butt~ County Cade ~
p. Uses reauirinc~a Minor_ Use Psrmit: ~he following uses rnay be permitted subject to the
requirements of Section 24-41:
1. Large family day care facilities subject to #he requirements of Section 24-265.
2. A Second Dwelling Unit ~ursuant to Section 24-280.
3. Bed and break~ast horne.
E. Uses re uirin an AdrninistratNe Permit: The fallowing uses may be permitted s~[~ject to tE~e
requirements of Section 24-40:
Home occupatior~s subjeci to the requirer~ents of Seetion 24-270
2. Temporary uses as listed in Section 24-30D.
3. A temparary mobile home su~ject to the requirerr~ents of Sectinns 24-295 and 24-295.1D
F. Lot area and width: The stanrfard pravision of Section 24-75 sha11 apply.
G. Fr nt ard re uirerner~ts: The standard pra~ision of Section 24-75 shall appfy, except #he setback
of nonconfarming existir~g structures which are being rehabilitated or expanded.
N. Sir~e vard requirernents: The minimum side yard required is three (3) feet, provided the sum of bath
side yards shall be ec~ual ta or greater than ten (10) percent af the average lot width. Where
nonconforming Existing structures are E~eing rehahilitated or expancied, the minimum side yard shall
be the existing set~ack distance on that s9de.
Rear vard requirements: '~he standard provisions of Section 24-75 shall appfy.
Off-street parkin~: '~~e provisions of Section 2~4-240 notwithstanding, one (1) off-street parking
space shall be required per dwelling unit. This requirernent is waived where existing off-street
parking space is absorbed by expa~sion of an exisiing dwelling as pa~t of an approved rehabilitation
project of the Co~nty's housing anci comm~nity de~elo~ment program.
SECTION 24130 RT-1 THROUGH RT-1A {RESIDEN~fAL-MOBILE HOME) ZQN~S
The following permitted uses, uses requiring a Use Perm~, and administrati~e uses, s~all apply to a!I zo~es
R7-i through R7-1A. Uses that are unique to a par~~c~lar zone and s~te require~ents far each zone will be
listed separately.
A. Uses _permitted:
1. One singfe-family dwelfing, rnodular horne, or mobife home per parcel.
2. The use of a single family residence as a small family day care horne, licensed family care
home, foster home, or group horrze for mentally disordered or otherwise handicapped
persans or neglected children. Said homes shall serve 6 or fewer persons and shall be
subject to all applicabfe State regulations and limitations.
B. Accessory uses:
^ Comprehensive Zoning Ordinance ~
Revised by Ord. 3164
Iil - 21
~ Chapter 24 of the Butte County Code ^
1. Those uses anci s#ruct~res normally assoeiated wi~h a single family rESidential usE and are
in conjunction with qr incidental to the residentia! use, including b€~t not iimited to a
garage, workshop, garden, private swimming paol, private tennis court, gazebo, s~a, etc.
2. A Guest House as defined by Sectior~ 24-305.175.
3. Household pets, but not incfuding li~estock, poultry or poisonous reptiles.
C. Uses ~equirinc,lUse Permits: The fofEowing uses are permitted s~bject to a Use F'errnit:
i. Golf caurses and country clubs.
2. Public and quasi-public uses.
3. Safes tract aifice.
D. Uses re4uiring a Minor Use Perrr~i~: The fallowing uses may be permitted subject to the
req~iremen#s of Section 24-41:
1. Lar~e family day care facilities subject to the requirements of Section 24-265
2. A Seco~d Dwelling Unit pursuant to Sectian 24-280
E. Uses requiringan Administrative Permit: The following ~ses may be Permitted subject to the
requirements ofi Section 24-40:
1. Horne occupations subject to the requirernents of Sec#ion 24-270
2. Temporary uses as listed in Section 24-30Q.
3. A temporary rrzobile home subject to ihe requirements of Sectian 24-295 and 24-295.10
SECTlON 24i30.10 RT-i THROUGH RT-1A S~TE REQUIREMENTS
Areas and setbacks are minimum requirements unless otherwise stated:
Zone D~s#rict Lot Area Loi Width ~ront Yard
Setback Side Yard
Setback Rear Yard
Setbacfc
RT-1 See Section
24-75 65' 20'* 5' S'
R'~-~ /2 i/2 acre 65' 20'* 5' 5'
RT-1 A 1 acre 65' 20'* 5' 5'
* Front ard sEtback: Minim~rri front yard setback shall be twenty (20) feet from the edge of the ul~Emate
right-of-way from all public or private roads except where the road is classified as a Federal Aid Road, in
whic~ case the setback shall be twenty-five (25) feet from the edge of the uitimate right-af-way.
~* Comp~ehensi~e Zoning Ordinance ^
Revised by Ord. 3164
~~~ - ~~
^ Chapte~ 24 of the Butte County Cade ^
SECTION 24135 SR THROUGH SR-5 {SUBUR~3AN R~SIDENTIAL) ZONES
The following permitted uses, u5es requiring a i~se Perrr~it, and uses requiri~g an AdminESirai~ve Permit, shall
apply to all zones SR through SR-5. Site requirements for each zone will be I~sted separately.
A. Uses ~ermittecl:
1. One single famify dwelling or ~modular home, per parcel.
2. The use of a single family residence as a srnall family day care home, licensed family care
home, foster home, or group home for mentally disordered or otherwise handicapped
persons or neglected children. Said homes shali serve 6 or fewer persons and shall E~e
subject to afi appl9cab~e Sta#e regulations anck lim~tations.
B. Accessory uses:
Those uses and structures normally assoc~ated with a single ~amily residential use ant~ are
9n conjunctian with or incidental to the residential use, including but not 1imi~ed to a garage,
workshop, garden, pr~ate swimming pool, pri~ate tennis caurt, gazeba, spa, etc.
2. A Guest Hause as defined by Section 24-305.175.
3. Agricultural ~ases, including the keeping of animals, subject to the animal rr~aintenance
requirements of Sections 24-255 through 2~-255.15, inclusNe, of this Code.
C. Uses requiring Use Perm~ts: The foilowing uses are perrnitted subject to a Use Permit:
1. Golf caurses and country clubs.
2. Public and quasi-public uses.
3. Sales tract oi#ice.
a. Uses requirinq_ a Minor Use Perrnit: T~e following uses may be permitted s~abject to the
requirements of Section 244i :
1. Large farr~ily day care facili~ies sub~ect to the requirements of Sec#ion 24-265
2. A Second Dwefling Unit p~rsuant to Section 24-280
E. Uses requirina_an Administrative P~rmit: The follawing uses rnay be perm~#ed sub~ect to the
requirements o~ Section 24-40:
Home occupations subject to the requirements of Sectian 24-270
2. Temporary uses as listed in Section 24-300.
3. A temporary mobi[e home subject to the requirements of Section 24-295 and 24-295.10
^ Corr~~rehensi~e Zoning Ordinance ^
Revised by Ord. 3364
lll - 23
~ Chapter 24 of the Butte Co~nty Code ^
SECTION 24735.10 SR THROUGH SFi-5 SITE RE4UIREMENTS
Areas and seibacks are rninimum requirements unless otherwise s#ated:
Zone District Loi Area Lot Widih Front Yard
Setback Side Yard
Setback Rear Yard
Setback
SR See Section
24-75 65' 20'* ~' 5'
SR-t /2 ~/2 acre 65' 20'* 5, 5'
SR-1 1 acre 130' 20'* 1 fl' 10'
SR~ 3 acres i 30' 20'* 10' 10'
SR-5 5 acres i 30' 20'* 10' i 0'
* Front vard setback: Minimum front yard setback sha11 be twenty {20) feet from the edge of the ul#irrEate
right-of-way from all public or pri~ate roads except where ihe road is classified as a Federal Aid Road, in
which case the setback shall be twenty-fi~e (25} feet from the edge of tf~e uitirr~ate ri~ht-of-way.
^ Cornprehensive Zoning Ordinance ^
Revised by Ord. 3'f64
lll - 24
^ Chapter 24 of the Butte County Code ^
COMMERClAL ZONES
SECTiON 24i40 C-1 (LIGHT COMMERCiAL} ZONE
A. Uses qermitted:
Hptels and motels, clubs, Eodge halls, hed and breakfas~ inns, churches, immediate care
medical clinics. ~
2. Retail stores and shops of ligf~t cam~-nercial character and conducted within a buildi~g,
including, but not lirnited to, appkiance stores, banks, barbershops, beat~ty parlnrs,
baokstores, cleaner or laundry agents and launderettes, clotF~ing stores, convenience
stores, departments stores, c~ay care faciliti~s, dress shops, drugstores, food stores,
furnit~re stores, health ciubs, mini storage, ~rofessional and business offices, res#a~~ants
with no dri~e thru senrice, shqe shops, studios and taiEor shops, public utility commerc[al
offices, video rental stores.
Outdoor advertising signs, new automobile sales, amph~theaters and theaters.
~. Accessory uses:
A single family dwelljng or modular home as an accessary use to a commercial use fisted
abo~e, subject to the site requirements of Section 24-75.
C. Uses re uirin Use Perrnits: The follawing uses are permitted subject to a Use Permit:
1. Res~dent~al uses not in conjunction wi#h a permitted ~se, recreationaf vehicle parks, muiti-
family dwellings, and mobile home ~arks.
2. PubEic and quasi-p~blic uses not spec~fically allawed in A. of th9s Section.
3. Srr~all anirnai hospitals, mortuaries, haspitals, sanitariums, used car sales, used or
secondhand goods, paw~ shops, refreshment stands, service stations #hat pffer repair
ser~ices, auto bady shops, auto repair shops, restaurants that ha~e drivE through service,
shopping rnalls and shopping centers on sites of 5 acres or grea#er, cornmercial recreation
uses, acfult entertainment businesses, and other uses which are of similar character.
4. Recycfing facifities as per S~ction 24-275.
D. lJses re uirin an Administrative ~'ermit: 1"he #ollowing uses may be permitted subject tq the
requirements of Sectlon 24-40:
Ternporary uses as listed in Section 24-300.
2. Reverse ~ending rnachine and small coffectinn recycling facilities pursuant #o Section 24-
275.
E. Site rec~uirerr~ents: The following site requirements sha~l apply:
^ Comprehensi~e Zoning Ordinance ^
Revised by Ord. 3164
l~f - 2~'J
^ Chapter 24 of the Butte County Code ~
Lot width req~aired: Minimum iot width shall not be kess than forry-five (45) for commercial
uses. The lot width re~uiremen#s far res9dential uses shail conform to Section 24-75 and
24-8Q of this code.
2 Minirr~~m fot size: None, for comrrtercial €~ses, except as required to meet parking and
t~uilding site development requirements and minimum sewage disposal requiremenis of
C~apter ~9 af the Butte Caunty Code. R~sidential uses shall meet tE~e requ9rernents of
Section 24-75 and 8~.
3. Side yard reauirements: None, except when the sic~e of a lot abuts upor~ the sicfe of a Ipt
that is zoneci to allaw a residential use, be less tF~an ten (10) feet. The side yarci
requirements for residential ~ses shafl conform to Sectior~ 24-75 of #his code.
4. Rear ~ard: None, except where the rear yard abuts a Int that is zoned for to allow a
residential use, in which case the rear yard shafl be not less than ten (10) feet. T~e rear
yard requirements for residential ~ses shall confarrr~ #o Section 24-75 of this code.
SECTION 241~15 C-2 (GENERAL COMMERCIAL) ZONE
A. LJses permitted:
A!f uses permitted in C-1 (Light Commercial) ~istricis.
2. General commercial uses, including art shops, aviaries, bars and cocktail lounges, bikliarr~
par~ors and pool halls, bowling aiieys, building material sales, cleaning and pressing
establishments, dance halls, interior deoarating shops, employment agencies, governmental
legisEative buildings, gymnasiums, pt~blic, corrtmercial or physical cultural studios, hospitals,
hotels and motels, IaE~oratories and X-ray #acilities, rr~assage par~ors and reducing salons,
equipment rentals, pet shops, new and ~ased car sales , repair garages, a~to car washss,
plumbing shops, cabinet s~ops, sign man~afacturing shaps, restaurants with dri~e through
facilities, and otl~er similar uses.
B. Accesso uses:
A single faEnily dwelling ar ~odular t~orrEe as an accessory use to a commerciaf use Eisted
above, subject to the site requiremer~ts of Section 24-75.
C. U~es requirin_tLUse Perrnits: T~e following uses are perm~ied subject to a Use Perm~i:
1. Welding sF~ops, auto body shops.
2. Manufacturing qf clothing, handicrafit products, printing, lithographing and other light
rnanufacturing or industrial uses of sirniiar character.
Public or q~asi-public uses not specificalfy allowed in Section A. abo~e.
4. Shopping maE~s and shopping centers on sites of 5 acres or greater, cammercial recreation
uses, aduit entertainment businesses, kennels and smalE animal hospitals, and mortuaries.
5. Recycling facilities as per Section 24-275.
^ Comprehensive Zoning Ordinance ~+
Revised by Ord. 3164
~~~ ~ 26
^ Chapter 24 of the Butte County Code ^
D. Uses reqtairincLan Administratir~e Permit:
The following uses rr~ay be perrnitted subject #o the req~irerr~ents of Section 24-40:
1. Temporary ~s~s as lis#ed ~n Section 24-300.
2. Re~erse vending machine and srnall collection ~ecycling facil'Ries purs~ant to Section 24-
275.
~. Site re uiremen#s: The f~llowing site requirements shall apply:
Lot width r~uired: Minimum lot widih shall not be less than farty five (45} feet for
commercial uses. The lot width requirerr~ents for residential ~ses shall conform to Sectio~s
24-7'S and 24-80 a# this code.
2. Minimi m lot size: None, except as required to rrEeet parking and building site develapment
requirements and minirr~~m sewage disposal requirerr~ents af Chapter t9 of the Butte
County Code. Residential uses shall meet the requiremEnts of Section 24-75 and 80.
3. Side yard reauirements: None, except when tMe side of a lot abuts upnn the s9de of a lot
that is zaned to aflow a residential use, ~e less than ten (i0) fEet. The side yard
rec{uirements for residential uses shall conforrn to Section 24-75 af this code.
4. Rear Yard: None, except where the rear yard a~~ts a lot that is zoned for to allow a
residential ~sE, in which case the rear yard shall be not fess than ten (10) fEet. 1'he rear
yard requirerr3ents for residential uses shall conform ta Section 24-75 of this code.
S~CTION 24i50 C-C (COMMUNITY COMMERCIAL) ZONE
A. Purpose: The purpose of the comrnunity commercial (C-C) zone is to pro~ide a wide range of
facilii9es #or the saie nf goods and pro~ision af personal services. When a~plied to shopping areas,
the ~ses are generally conducted within a building, and may ra~ge in size from neighborhood
centers, whicF~ may ha~e a supermarket as a principal tenant, to a commercial center, whict~ may
also incl~de a departmeni or ~ariety store as a principal tenant. When ap~lied to commercial areas
of town centers or other existing pEaces with similar acti~ities, the uses rrtay be broadened #o include
autdoor retail uses, such as auta sales.
B. Uses perrr~itt_ed within_buildings.
The follawing ~ses are permitted in the C-C zane:
~. Retai! stores and s~ops ofi a light commercial character inclut~ing appliance stores, banks
or other fi~ancial institution that provides a direct service to the pubEic, insurance or rea!
estate sales, barbersF~ops, beauiy parlors, bookstores, dry cleaning, laundry or laundromat,
day care centers, dress shops, drugstares, market ar gracery stores, furniture stores,
mfllinery sho~s, standard restaurants which Enay serve alcoholic be~erages with meals,
refres~ment stands, service statians, auto lube facilitEes and auto wash facilities, studios,
ta91ar shops; business, professiona! or rnedical office; medical, dental or optical labaratory;
biueprinti~g, photocopying ar lithography store; nursery or garden supply; travel or ticket
agency; repair shops for shoes, radios, televisions or ather domestic appliances; and other
^ Comprehensive Zoning Ordinance ^
Revised by Ord. 3164
Iil - 27
^ Chapter 24 of the Butte County Code ^
uses which are of similar character to those enumerated and which will not be detrimentaf
or obnoxious to the neighborhood in which they are to be located.
2. Hoteis, rt~otels, l~ealth clubs, service clubs and lodge ha!!s, c~urc~es, hospitals, sanitariums.
C. llses requirin~a Use Permft.
Mu~tipEe dwellings and dweEling grouPs, s~ahject to the height limit, building site area (3,250
square feei per unit), a~erage int width and yard requirements specified ir~ th~ R-3 zone.
2. Qne singie-family residence per parcek or a single-family residenca, when attached to the
main building in which the comrnercial use exists, and the residence is inhabited by the
owner, emPloyees, or nperator of the commercial use. Any permit required for ~he
cornmercial use rnust first be secured.
3. Mobife Home Parks not to exceed ten (10) dwelling units per acre.
4. Public and q~asi-pubfic uses.
5. Smal1 AnimaE Hospitals (indoor kennefs only).
6. Sales of new or used autos, boats or motorcycles, dancing academies or halls, open-air
retail sales, theaters, bowling alleys, adult entertainmEnt businesses, skating rinks, pet
shops, whofesale stares, mini-storage facilities, mortuaries, used or seconc~hand goods, and
other uses which are af similar character.
7. Recycling facilities as per Sectlon ~4-275.
D. Uses rerruiring an Adminisirati~e Perm~t:
The following uses rnay be permitted subject ta the requirements ~ Ssci9on 24-4Q:
Temporary ~ses as listec! in Section 24-300.
2. Reverse vending machine and srnall callectian recyciing facili#ies pursuant to Sec#9an 2~-
275.
E. Site de~eiopmPnt standards,
The foflowing de~elopment standards shall apply to ai~ de~efopment in the GC zone, exce~t that
specific standards may be rrEOdified by Use Permit if the apprfl~ing body finds that the modification
is necessary to pro~ide a superior project design o~er what woufd ordinarily occur with the basic
standards and that #he modified praject fits harmoniously wikh the surrounding area.
Maximum Structural Heiaht_ Forty-f~ve {45) feet.
2. Minimum BuildinqTS~e Area: 10,000 sq~tare feet.
3. Minirnum Lot Wicith: The rninimum lot width €s s~xty-fi~e (65) feet.
4. Minimum__Front Yard Reauired: Twenty (20) feet for all build~ngs or structures except thai
off-street parking areas shall ha~e a minimum of ten {1 D) feet.
^ Comprehensive Zoning Ordinance ~
Revised by Ord. 3164
!I1-28
^ Chapter 24 0# the Butte County Co~~ ^
5. Minimum Side Yard Required: I~one, except when the side of a fot abuts upon the side of
a Ipt that is zoned to allow a residential use, in which case the abutting side yard shall not
be less than ten (~ 0) fi~e. The street s9de of a corner lot shall ha~e a twenty (2(3} feet
setback for all buildings or structures except that off-street paricing areas shall ha~e a
minimum of ten (10) feet.
6. Minimum Rear Yard Required: None, except that it shall be twenty (20} feet when adjacent
~o a zane that allows a res9dential use.
7. Parking Re4uired: Qif-Street parking and foading shall be pro~ided in conforrr3ance with
the provisions of Section 24-240, said parking areas shall be pa~etl and striped ta County
Standards.
8. E.andsca:pinc,~ Landscaping reqvirerr~ents shail be pravided in conforrrzance with the
~ pro~isions of Section 24-24Q10.
9. Outdoor ~.i~hting Fieguired: All lighting, exte~ior and interior, s~all he des~gned and located
so as to confine direct lighting to ihe premises. A light source shall not shine upon or
illuminate directly on any sur€ace otf~er than the area required to be lighted. No lighting
shall be of the type or ir~ a location such that it consiitutes a hazard ta vehicular traffic,
either an private properiy or on abutting s~reEts.
10. Signs: Bui~ding signs sha!! not exceed a com~ained size af one square foot in ar~a for each
lineai fqot of building #rontage.
l1. O~rtdoorl'rash Storaae: A11 outdoor trash storage and colfection facili#ies shall be enclosed
by a solid masonry wall or view-obscuring fence at least one foot higher #han the tras~
contairoer.
12. Zdne Walls: Where a commercial use adjoins a residential zone or use, the following shall
apply:
(a) Insta!! and maintain a sound-deadening wall {such as slumpstone) of six {6} to e3ght
(8) feet in heig{~t or a planted berrn six (~) feet in he9ght or a combination wall and
berm an any exterior boundary line which is a comman property fine with any
residential zoning dEStric#.
{b) The wall shall not exceed three (3) feet in height within twenty (2a) feet of the right-
of-way.
(c) Where a topographic, natural ~egetative barrier o~ a~rade differential exis#s
between tk~e two properties or if there is a signi~icant distance beiween the uses
that will pro~ide #he same bui#ering, exce~t9ons to t~e wall or berm regulations may
be made, in whole or in part wi~h re~iew and approval by ihe Director of
Development Services.
13. No~se: Noise generated by #he commercial use s~all be restricted to sixty (60) decibels
(db) at the comrrion property line for a period of six (6) hours per day with no nois~
exceeding eighty (80) decibels.
^ Comprehensive Zon~ng Ordinance ^
Re~ised by OPd. 3964
I~I - 29
^ Chapter 24 of the Butte County Code ~
SECTION 24155 H-C {HtGHWAY COMMERCiA#.) ZONE
A. Uses permitted:
i. One single-family dwelEing, modular home, or mobiie home per parcel.
2. The use of a single farr~9ly residence as a smail family day care home, licensed family care
home, foster home, or group home for mentally disordered or otherwise handicapped
persans or neglected ct~iEdren. Said F~ames shall serve 6 or fewer persons and shall be
subject to all applicable State regulations and limitations.
B. Accessory uses,
1. Those uses ar~d structures normaliy assaciated with a single family residential use and are
in conj~nciion with or incidental to the residential use, including but not limited to a garage,
workshop, garden, pri~ate swimming pool, pri~ate te~nis court, gazebo, spa, etc.
2. A Guest House as defined by Section 24-305.175.
C. Uses re uirin Use Permits: The follnwing uses are permitted subject ta a Use Perrnit:
1. Dupfex, m~fti-farnily dwefiings, beci and breakfast inns, and multiple singfe family residences.
2. Hotels and motels, clubs, fodge halis, hosp~als, sanitariums and clinics.
3. Retaii stores and shops of light comrnercial character as listed in the C-1 zon~ng dis#rici.
4. O~tdoor advertising signs, new autorriobife sakes, amph~thea~ers and theaters, srr~all animal
hospitals, dance academies, pet sFtops, rnortuaries, used car sales, used or secondhand
goods, re#reshment stands, service stations, adult entertainment ~usinesses, t~rNe-in
resta~rants and other uses which are of simifar character.
5. Recreational vehicle and rr~obile home parks.
6. ~'ublic and q~asi-pubiic uses.
7. Recyclir~g facifities as per Seciion 24-275.
D. Uses requirinq_a Minor Use Perr~it: The following uses may be permitted subject to the
requirements of Section 24-41:
Large family day care facilities subject to the requirements of Sectian 24-265.
2. Second c~welling units subject to the requirements o# Section 24-280.
3. Bed and BreaiCfast Horne.
E. Uses reauirir~q an Administrative Permit: T~e following uses may be permitted subject to the
req~irements of Sectinn 24-40:
i. Horne occupations sub~ect to the req~airements of Sectian 24-27D.
~ Comprehensi~e Zoning ~rdinance ^
Re~ised by Ord. 3164
iii - 3a
^ Chapter 24 of t~e Butte County Code ^
2. 7emporary uses as listed in Section 24-30a.
A temporary mol~9le home subject to the requirerrtents of Section 24-295 and 24-255.~0.
F. S~te reauirements: Tt~e requirements of Section 2~-75 of this Code are mod~fied in the follawing
particufars for building sites in H-C zor~es:
Lot width required: Minimum lot width shall not be less than sixty-fi~e (65).
2. Side yard reauirements: None, except when the side of a lo# ab~ts upon the side of a lot
that is zoned to aiiow a residential use, in which case #he abutting side yard shall not be
less than #en (10) feet. The side yard requirements fior residential uses shali conform to
Section 24-75 of this code.
3. Rear ar : Nane, except w~ere the rear yard abuts a lot that is zorted for to allnw a
residential use, in w~ich case the rear yard s~all be not less than ten (10} fe~t. The rear
yard requirements for residential uses sf~all cpriform to Section 24-7'S of this Cade.
S~CTION 24150 N-C {NElGH~30RHOOD COMMERCIAI.) ZONE
A. Pur~ose: The purpose of the neighborhood commeroial (N-C) zane is to pro~ide a Eirnited selection
af retaif canvenience shopping and ~ersonal seEVices within either wakking distance or bfief drNing
dis~ance of reside~tial areas. Buildin~s, s#ructures, ed~ices, and uses shall be designed in sucE~ a
rr~anner as to blend architecturally wi#h surrounding areas and shall be compatibl~ and neighboring
uses.
~. Uses permitted within buildinqs.
The fo1lowing uses are p~rmiE~ed in the N-C zone if conducted within a building:
Market ar grocery stores, drugstpres, hafdware stores, variety s#ores, jewelry stores,
bookstores, barbershop, beauty salon, filorist, confectionery siore, dry cleaning, laundry or
laundromat, locksmith, restaurants and def icatessans that do not have drive through senrice,
shoe repair and simiEar persanal services.
2. Professional offices, such as doctors, dentists, instarance or real estate.
3. One single family r~sidence per parcel or a single-family residence, wF~en attached to the
main building i~- wF~ich th~ comrnercial use exists, and the residence is inhabited E~y the
nwner, ~mployee, or operator af the cammercial use. Any permii required for the
commercial use must first be secured.
C. Uses reauirinq a Use Permit_
1. Auto service station, self-serve and non-sekf-serve a~to wash.
2. Public and quasi-Public uses.
3. Recycling facilities as per Section 24-275.
4. Adult entertainment businesses.
^ Comprehens~-e Zoning ~rdinance ^
Revised by Ord. 31fi4
llf - 31
^ Chapter 24 of the Butte County Code ^
D. ~Jses reauirinq a Minor UsP Permit: The fiollawing uses may be permitted subject to the
requirements of Section 24-4i :
1. L.arge family day care #acilities subject to the requirements of Sectian 24-265,
2. A Seconc4 ~welliRg Unit purs~ant to Section 24-280.
E. Uses reauiring an Adrr~inistra#Ne Perrnit; The following uses may be permitted subject ta the
requirements of Sectian 24-40:
1. Home accupations subject to tF~e requirernents af Section 24-270.
2. Temporary uses as listed in Section 24-300.
3. Re~erse ~ending macE~ine and sinall caffection recycling facilities pursuant to Section 24-
275.
4. Terr~porary secand dwellings subjeci to the req[~irements af Sections 24-295. and 24-295.10.
F. Site de~efo rnent standards : The faflowing devefopment s#andards shall apply to all derrefopment
in the N-C zone, except t~at spec~fic standards rrtay be madified by Use Permit if the approving
body finds that the rrEOdificatipn is necessary to Provide a superiar project design aver what would
ordinarily occur with the basic standards and that the modified project f~ts harmoniously with the
surrounding area.
1. Ma imum Structural Heiaht: Fprry (40} feet.
2. Minimum Buildir~g Site Area: 1 a,00U sq~are feet.
3. Minimum Lot Width: T~e minirr~urn lot width is sixty- fi~e (65} fest.
4. Minimum Front Yard Fie uired: Twenty (20) fee# ~ar al] ~uildings ar structures except that
off-street parking areas shalE ha~e a minimurr~ of ten (10) feet.
5. Minimum Side Yard Reauired: None, except where the side of a lot abuts upon the side
of a lot that €s zonecf to allow residential ~ses, in which case the abutting side yard shall be
nat less t~an the side yard required fior the residential district. The street side of a corner
lot shaki ha~e a twenty (20) foot setback ~ar all buildings or structures except that off-street
parking areas shall ha~e a minimum of ten {1fl) feet.
6. Minimurri Rear Yard_Req~ired: None, except that ~t shaff be twenty fi~e (25} feet when
adjacerrt to a zone that allqws a residen#ial use.
7. Parkinq Required: OfE-Street parking and loading shall be pro~ided in conforrnance with
the prov~sians af Section 24-240, said Parking areas shall be paved and striped to County
Standards.
8. Landscapinq: ~andscaping requirements shali be pro~icEed in conformance with the
pro~~sions of Section 24-24fl.1 Q ~
9. O~atdoor Lighting Req~ired: All lighting, exterior and interiar, shall be designed and located
sa as to co~fine direct 19ghting to the premises. A light source shall not shine upon or
^ Comprehensi~e Zoning Ordinance ~
Revised by Ord. 3154
Ill - 32
^ Chapter 24 of the Butte County Code ^
illuminate directly on any surface other than the area required to be lighted. Na lighting
shall be of the type or in a location such that it constitutes a hazard to ~ehic~lar traffic,
either on prE~ate property or on abutting streets.
'~ E}. SIq11S~ Building signs shall not exceed a combined size of one square foot in area fior each
lineal foot of building frontage.
11. O~.itdoor Trash StoraQe_ A!1 ou#door trash storage and collection facilities shall be enclosed
by a solid masonry wal! or v~ew-oF~scuring fence at least one foot higher #han tE~e trash
container.
12. Zone Walls: Where a comrr~ercial use adjoins a residential zone or use, the fofiowing shall
apply:
Install and rnaintain a sound-deadeni~g wall {such as slumpstone) of six (6} to eight (8} feet
in height ar a pianted berm six (6) feet in height or a combination wall and berm on any
exterior bounc~ary I~ne wh~cF~ is a comman property line witE~ any residential zonir~g district.
{a) The wall shall not exceed three (3) feet in height with'tn twenty (20) feet of
the right-of-way.
(b} Where a to~ographic, natural ~egetative ~arrier or a grade differential exists
between the two properties or if there is a significant distance between the
usES that will pro~ide the sarr3e buffering, exceptions to the wa11 or herm
re~ulations may be made, ~n whole ar in part with review and appro~al by
the Direc#or of De~elo~ment Services.
13. Noise: Noise generated by the commerctaf use shall be restricted to sixry {60) decbels
(db) at the common properry iine for a period of six (fi) hours per day wi~h no noise
exceeding eight {8{~) decibeis.
S~CTlON 24165 RESIDENTIAl.-PROFESSlONAL OFFICE DIS7RICT
A. Purpose and Intgnt: It is the purpase of the Residentia!-Pro#essional Office or ~t-P Zone tp allaw
developrr3ent of professional offices in th~ ~icinity of commercial zones, multiple-family resideniia!
zones, and along major thoroughfares, and to preserve the desirable characteristics o# the
residential environment inso#ar as possible while permitting selected, non-residentiaf uses.
B. ~ermittEd uses: The #ollowing are the prir~cipal permitted uses in the R-P Zone:
Uses permittecl in an R-1 district as set out ir~ Section 2~4-120.
2. Offices accupied by acco~antants, architects, dentists, physicians, engineers, attorneys,
drugfess practitioners, electroiogists, geologists, optometrists and psychoiogists.
3. No prdvision of this Section shafi be construed as permittEd the storage of comrrtercial
~ehicles in excess of one and one-half #on carrying capacity, except pr~vate, passenger-type
vehicles.
4. T~e use of a singie family residence as a srr~all famify day care home, licensed family care
home, foster horr~e, or graup home for menta!!y disordered ar otherwise handicappeci
^ Com}~r~hensi~e Zoning Ordinance ^
lll-33
Revised by Ord. 3164
^ Chapter 24 of th~ Bt~tte County Cade ~
persons or neglected children. Said homes shal! serve 6 or fewer persons and shall be
subject to all applicable State regulaiions ar~d limitations.
C. Acc~sory uses: 7he follawing are the accessory uses Perrr~it~ed in an R-P Zone:
1. Accessory uses as set out in Section 2412Q for R-1 districts, when ~ihe primary land use is
single-family residentiaf. ~
2. Non-commercial storage areas not #o excer~d fifteen (~ 5} percer~# of the gross floor area nf
the affice or residential struct~re.
D. Conditional uses: 7he following ~ses are pErmitted in the R-P Zone subject to obtaining a Use
Permit ir~ each case:
1. Uses permitted in an Ft-2 Zone as set out in Section 24-120.
2. Of~ices for other prafessions t~e Planning Comrrtission determines are s9~nifar ta those
enurnerated in Section 8.2.
3. Public and quasi-public uses.
~. l~ses r~auirinq as Minor IJse Permit:
The foflowing uses rr~ay be perrrtitEed sub~ect to the requirerrzents of Section 24-~1:
1. Large family day care facilities subject to the requ9rements of Seciion 24-2fi5.
2. A Second Dweiling Unit pursuant to Section 24-280.
3. A bed and breakfast home.
F. l~ses reguirincLan Administrative I'ermit:
The following uses rr~ay be permitted subject to the requirernents of Section 24-40:
1. Horne occupations subject tp the requirements of Section 24-270.
2. Temporary ~ses as listed in Section 24-300.
3. A terr~porary mobile home subject to the requirernents of Sections 24-2g5 and 24-295.10
G. De~elo~m~nt standards: 7he fo!{owing minimum requirements shall be observed, except where
specifically mpd~fied for conditional uses:
1. Area reguirements: The building site area requirernents in the R-P Zone are as follows:
a. Minirr~~rr~ lot width for all lots except corner lots, si3cty-five {F5) feet at the setback
1ine.
b. Minimum lot area, six thousand fNe hundred (6,500) square feet for all Ipts, except
corner lots.
^ Comprehensive Zoning Ordinance ^
Revised by Qrd. 3164
Il9 - 34
~ C~apter 24 ofi the Butte County Code ^
c. Minimum carner lot width, seventy (70) feet at the setback line.
d. Min~murn corner loi area, seven thousand (7,000) square feet.
e. Maximum aggregate building caverage, twenty-five (25) percent an indivEdual
parceEs afi up to twa (2) acres, fifty (5a) percent co~erage on parcels of two (2)
acres or more.
2. Height reauirements: The rtta~cimurn height requirements in the R-P Zone are as fo[fows:
a. For rnain buildings, thirty five (35) feet.
b. For accessory buildings, twenty-fi~e (25) feet.
3. Yard _requirerrtents: 7he following yards are required in the R-P Zone:
a. Front ard -- rofessional use: The minimum required front yard shafl be iwenty
(20) feet #rom the edge of the uftimate right-of-way, but in no case less than fifty-
fi~e (55) fieet from the center line of the adjacent road.
b. Frnnt yar~- residentiai use: The minimum reqc~ired frqnt yard shaff ~ie twenty (20)
feet frorn the edge of the ult9mate right-of-way, but in no case less than sixty-#Ne
(fi5) feet #rom the center iine of the adjacent road.
c. Side and rear vards: The m€nimum side and rear yards shall be five (5) feet. !n the
event the parcel abuts a residential zone or construction will exceed twenty (20)
feet in height, side and rear yard setbacks shall be ten {10) feet.
ci. Sr~eciai yards and distances between buildings:
1. DEStance between ~uifdings in any dwelling group, ten (1{3) feet.
2. Enner cot~rt providing access to double-row dwelling group, rriinlrnum
twenty {20J feet.
4. Off-street parking: Off-streei parkir~g shall be provided in an amo~ni rtot ~ess than that set
forth in the regulations of Sectior~ 24-24D. Design and location of a1~ off-street parking areas
shall be approved by ihe Planning Di~ision in advance. Parking lots shall be designed so
that ~ehicl~s do not exit by bac~cing o[~ onto the adjacent roadway.
5. Access:
a. R-P uses shall have frontage on a public street.
b. R-P ~ases on parcels of less than two (2) acres wili be ser~ed by one (1)
encroachment, one (i} curb cEat per sireet frontage.
c. R-P uses on parceEs of two acres or rnore may be served by more than one (1 }
eneroachment and curb c~ per frontage.
d. Access from the Public right-of-way to the pari~ing area serving an R-P ~ase shall be
a minimurr~ af iwelve (12} feet paved width.
~r Comprehensive Zoning Ordinance ^
Revised by Ord. 3j64
j~~ - ~FJ
^ Chapter 24 of the Butte Cou~ty Code ~
H. Other s#andards and re uirements:
1. Fences, sfi~rubs. Alantinas: The rEquirements for fences, shrubs, screen pfantings, etc., in
the R-P Zone are as pro~ided in Sectior~ 24-120 C. of this Code. If Lhe properiy abuts a
residential district, a six-and-one-haff (6-1 /2} foot sight-obscuring wali or fence shalf be
constructed along the cort~mon line in compliance with the setbacks.
Pubfic imerovemer~#s: Existing siructures con~erting to offices or dupEexes under the R-P
Zone shall be treated as new construction for purposES of road impro~ements, curb, gutter,
sidewalk, provisions for drainage, or payment of applicable development fees.
3. S~ns:
a. Allowed by right: Signs attached to a buifding face, no# extending pasi ihe roof
line, lirr~i~ecf to not more than two (2) per parcel or not more than thirty-fNe (35)
sq~are feEt of aggregate area per street frontage.
b. Subject to a Minar Use Permit : Any rnonument type sign, limited to one (~) per
street frontage for each parcef, npt exceeding thirty-ff~e {35y square feet per sEgn.
c. Subject to a Use Perrriit:: Any sign exceeding the size limitation in (2), but npt
exceeding se~enty (70) square feet for any indi~idua! sign.
4. Administrat~ve Permit required: Prior to commencement of construction or issuance of
building perm~#s in the R-P Zone, an Administrative Permit, alang with any necessary fees,
sha11 be submitted to the Planning Division for appro~al, showing the following:
Site layout
Buildi~ng facade details
Access
Parkir~g
L..andscaping
All improvernenis
Other pertinen# features
4. Office complexes: O~fice cornplexes are a more eificient use of land ar~d resources than
single offices on individ~al lots. To promote offica complexes on parcels of two {2) acres
or larger in size, these incenti~es are o~#ered:
a. A ten {10) percent reduction in parking spaces otherwise req~aired ~y the Zaning
Ordinance.
b. Maximum aggregate building coverage ratios as enumerated in Section 3. wi1! be
waived where sewage and drainage flows can be met.
c. Sign area rnay be increased from thirty-f~ve {35) square feet to a maximum of
se~enty ~70) square fee#.
d. These incent~ves rrtay not be usect in con~unction with any other incentive.
^ Compret~ensi~e Zoning Orclinance ~
i~evised by Ord. 3~64
~~~ - .~~
^ Chapter 24 0# the Butte County Cade ^
5. Coordination with Spec~#ic Pf~ns: Any b~ilding permit application far de~elnpment o# an R-P
use or con~ersion of an existing structufe shall not be approved if inconsistent wtth an
appficable Speci~ic Plan.
Fi. Building permit appiications within a Specific Plan area shall include:
a. Proaf that ret{uired infrastructure impro~ements have been installed or bonded.
b. Planning Div€sion appro~al of the site layout.
~• Comprehensi~~ Zoning Ordinance ^
Revised by Ord. 31fi4
1 I i - 37
^ Chapfer 24 a# the Butte Co~nty Code ^
lNDUSTRIAL ZONES
SECTION 24170 ~ I{LIMIT'ED INDUSTRIAL} ZONE
A. Uses _permit~ed:
Storage and d~siribution of goods and materia6s, incl~ding who[esaling, warehouses, moving
SENIGBS, vehicle storage, rnini-storage, equipment renta! yards, storage of surplus goods
ir~cluding outdoor storage, deli~ery services ancf simifar ~tses, but not including storage o#
flammables, explosives or materials which create dust, odors or fiumes.
2. Of#-sit~ canstruction and maintenance services, including builciing, eiectrical, plumbing,
heating, roofing, paint~ng, landscaping, excavation and sir~ilar contractors and janitoriaf,
fumigating, septic tank pumping, and similar services.
3. Assembfy and {ight r~anufacturing uses whieh are not abjectionable, obnoxious ar ofFensNe
~y reason of ernission of noise, smoke, dust, odors, furnes, cinders, heat, bright lights,
vibration, radiation, refuse matter or water-carried waste and which do not in~olve th~
handling of flarr~mahle, explosi~~ or dangero~s materials. Permitted ~ses include
woodworking ar~d cabinet shops, a~.ito 6ody si~ops, sheet rneta! work, printing, engraving
and sign man~acture, ant~ man~acture of ckothing, handicrafts, tools, instruments, fixtures,
parts and equipment from pre~iously prepared materials, but do not include casting, milfing,
smelting, refining, wea~ing, rebuiEcling, recycfing, brewing, bottling, canning, #anning,
renderin~ or arty chemical processing.
4. Public uses and utilities, not including recreation faciiities, disposal sites, sewage treatment
and pow~r plants.
5. Residence of caretaker or proprietor.
6. Ad~ertising signs.
B. ACCE5S01'~( US~S:
Retai[ saies in conj~anction with and accessory to any of the pefrnitted uses when no more
than 259'0 of ihe floor space is de~oted to sales.
C. Uses requirinq Use_Perrni#s: The fallowing uses are perrr~ittsd subject to a Use Permit:
Public and quas9-public uses.
2. Recycling facili~ies as per Section 24-275.
3. Commercial recreation uses.
D. llses re~uirir~q. an Administrative Perrnit: 7he following uses rrtay be permitted subject to the
requirements of Sect9on 24-40:
Ternparary uses as list~ ~r~ Sectian 24-3fl0.
^ Comprehensive Zoning Ordinance ^
Revised by Ord. 3164
Ifl - 38
^ Chapter 24 of the Butte County Code ^
2. Srnal! Collection recycling facilities pursuant to Section 24-275.
E. Site requirerrients: The requ9rements of Section 24-75 of this Code are mod'rfied for all building sites
in "L-!" zones in the following particulars:
1. L.ot area and_w~th: There is no lot area min9mum ~ot iot width minimum except as may
be rec{t~ired fnr the buildir~g and for off-streei loadi~g area and parking and that area
required ta meet the sewage disposal requirements of Chapter iS and 2Q af the Butte
Co~nty Gode.
2. Side yard: None, except where the s9de of a!ot abuts a zone that allaws a residential use,
in which case the side yard shall be not less than twenty (2D) feet.
3. Rear yard: None, except where the rear yard abuts a zone that allows a residentia{ use, in
which case the rear yard shall be not iess #han twenty ~2~3) feE#.
4. Truck loadinq and unloadinq space: Private off-street loading space far the handling of all
goods, materials and eq~ipment shall be provid~. Suc~ space shall be of st~ficient area
and of such ciesign as to perm~C the par~cing and loading of ~ehie~es witho~ e7ctending inta
any existing street beyond the curbline.
5. O#f-streei parkings~ace: 1"he provisions of Section 24-24fl shail apply.
6. Enclosure: All uses must be conducted entirely within an enclased buElding ar structure ar
w~thin an area enclpsed on all sides by a salid wall or fence at least s~x (6) feet in height
or by a chain link fence at feast six (6} feet in heigh~ with a six-#oot planting buffer
maintained in healthy cnndition, except that the provisians af Section ~0-9 shall apply ta
fences and walls within the required fron# yard and street setback area.
SECTlON 24175 M-1 (LIGHT IN~USTRIAL} ZONE
A. Uses perm~ted:
Whofesale and storage warehouses, minor waste tire storage facility, reverse vending
rnachines, small and Earge callection recycling facilities.
2. The assernbly and storagE of gaods, materials, liq~aids and eguipmer~t (except the storage
of inflammable matter or explasives or materiafs which create dt~st, odors or fume5).
3. Feed storehouses and ware~ouses and fuel yards.
4. lndustrial ~ses including but not lirn~ted to the following: the rr-anufac#uring, pracess9ng,
fahricating, assembiing, refining, repairing, ~ackaging and treatrnent ~f goods, materials and
products by power (oif, gas or electric), including, by way of example and illustration, b~at
not limitec~ to, the man~.~facturing, fabrication and assembling of bathraom shower anc[ patio
~artitions, enclosures and doars, windows and store fronts af aluminum, plastic and
fiberglass, or other suitable material, and the processing, finishing, pofishing and anodizing
of aluminum extrusions and castings, assaying, auto repair ar~d auto body shops, boat
repair, broom, brush, and rt~g rnanufact~ring, die casting, draying, freig~ting or trucking
yards or terminals, hea~y equipment rental or saEe, hea#ing and ~entilating service sF~ops,
jeweiry manufacturing, lamp shade manufacturing,l~mberyards, packaging plants, outdoor
^ Comprehens~ve Zoning Ordir~ance ^
Revised by Ord. 3164
Iil - 39
^ Chapter 24 of the Butte County Code ^
advertisir~g signs, printing and lithography shops, pu~lic utiliry service yards, service
stations, sign shops, truck repairing and overhauling, ar~d welding shops:
5. Dyeing ar~d rug cleaning plants, catering services, veterir~ary hospitals and anirnal shelters
and kennels, cabinet and woodworking shops, construction and material yards.
B. Accessorv ~ses:
1. Caretaker or night watchman residence accessory to a perm~ed use listed in A. abo~e.
2. Retai! sales in conj~anction with and accessory to any of the permitted uses when no more
than 25% of the floor space is devoted to sales.
3. Accessary uses and builrlings pertinent to any permitted ~se.
C. Uses requiring Use Permits: The following Uses are permitied subject tn the securing of a Use
Permit in each ease:
1. Any residentiat use not accessory to a perrnitted use listed in A, above.
2. Storage of inflammables.
3. Manufacturing of acids, explosives, fertilizer, glue, gyps~m, lirr~e, plaster of paris, pulp ancE
paper, beet s~gar, crushed rock, sand and gravel, cement, concrete and/or asphaft
batching plants, cancrete and clay products.
4. Any use listed in Section 24-175 A. abo~e which, because of operational characteristics
spec'rfic to the particular business or ~ropased location, is found by ihe Director af
De~elopment Services, to have the potentiaf to negati~ely impact adjoining properties,
businesses, or residents. Generally speakir~g, any M-~ use will probably require a Use
Permit under this Section if the use ar structure will be located less than 100' from the
l~oundary o# a zone that allow residential uses.
Junkyards and auto wrecking yards, major waste tire storage facil~ies.
6. Processi~g recycling facilities as per Section 24-275.
7. Cammercial uses and conditianal uses 19sted in Sections A. and C. of the C-1 and G2
zones uNess specifically i9sted as an ailowed use in Section 24-~ 75 A., above, and
cornmerciat recreation uses.
~. Us~s reauirinq an Adrr~inis#rative Perrnit: The following uses may be permitted sub~ect to the
requirements of Sectinn 24-4Q:
1. Temporary ~ses as listed in Section 24-300.
E. Site requirer~er~ts: The requirements of Sectian 24-75 of this Code are modrfied for all building sites
in M-1 zones in the follawing parEiculars:
Lot area and widt~: There is no lot area r~inimum nar lot width minimur~ except as may
be required for t~e b~tilding and for off-sireet loading area artd parking and that area
~ Com~rehensi~e Zoning Ordinance ^
Revised by Ord. 3164
Ill - 40
^ Chapter 24 of the Butte County Code ^
required to meet the sewage disposal requirements of Chapters 19 and 20 of the Butte
Covnty Code.
2. Minimum Side Yard Re uired: None, exce~t when the side of a lot a~~fis upon the side of
a lot that is zpned to a11ow a residerrtial use, in which case L~e abutting side yard shall not
be less than iwenty-five (25) feet.
3. Rear ar : Nnne, excepi w~ere the rear yard abuts a lot that is zoned for tn allaw a
residential use, in which case the rear yard s~all be not less than twenty-fivE (25) feet.
4. Truck loadina and unloadinq space: Pri~ate off-street loading space #or the handli~g of ail
goods, materfaEs and eq~ipment shall i~~ ~rovided. Such space shall be of sufF~cient area
ar~d of such des3gn as to perrnit #he parking and loading of vehicles witho~at extending into
any existing street beyond the curbline.
5. OfE-stre~t parkina: The requirernents af Section 24-240 shall app[y.
S~CTION 24180 M-2 {HEAVY INDUSTRIAL) 20NE
A. l~ses permitted:
Any uses permrtted in M-1 districts.
2. Indus#rial uses including b~t not limited to the follawing: Aircra~t #actories, asphalt batch
plants, assaying, wholesale bakeries, boiler works, breweries and distilleries, can and metal
eontainer manufac#uring, candle manufacturing, carbon rnanufiact€~ring, , chain ar~d cable
manufacturing, concrete batch plar~ts, crearneries and dairy product planis, disinfectants
rnanufacturing, dry kilns, emery cloth and sandpaper mar~ufac#uring, enameling, feed and
cereal rni(is, foundries, freight terminals, gal~anizing and lead plating, glass or glass product
manufacturing, lumk~er and lumt~er processing machinery man~tfacturing, metal fabrication,
mobile home or recreational ~ehicle rr~anufacturir~g, moving and storage warehouses, paper
product and paper box manufacturing, petroleum distributing stations (wholesale or retail),
p~otographic processing, plywood rrzan~facturing, printing ink manufaciuring, soap and
~oa~~6rr~oun~rnanufaotn~inc~, starck ,rglracose-or-dextr'rn~mant~faet~arin~~~ge~ahl~oiL
manufact~ring, wefding s~ops and sheet metal shops, woad pEaning rnill ar woodwor~cing
plants, yeast plants.
3. Canneries, ali~e pracessing plan#s and other agricuftural processing plants of similar nature.
B. Accessorv uses:
Caretaker or night watchman residence accessory to a permitted use iisted in A. above.
2. l~etail sales in cor~junctian with and accessory to any of the permitted uses when no more
than 25% of the ~nor space is devoted to sales.
3. Accessory uses and buildings pertinent to any permitteci use.
C. Uses requiring FJse Perm~ts: The following uses are permitted subject to the securing of a Use
Perrnit in each case:
^ ComprehensNe Zoning Ordinance ~
Revised by Ord. 3164
Il! - 41
^ Cha~ter 24 of the Butte County Cade ^
Any residential use not associated with a permitted use IESted i~ A. abo~e.
2. Corrimercial distiilation of bones, abattoirs, livestock auction yards, commercial livestock
feed yards, cornmercial millings, #anneries, fat rendering, garbage fed commercial hog
raising.
3. 7he rnanu~acturing qf ca~stic, flarr~mable or hazardaus materials including b~ not limited
to the following: acetylene, acids, ammonia, asbestos, bleach, caustic soda, cell~lose,
cellufoid, c~lorine, creosote, fErtilizers, f~lm, flamrrtable gasses, glue, 6acquer, lime, linaleum,
matches, pair~t, phenol, soap, shellac, turpentine, or ~arnish.
4. D~mping and disposai areas, major waste tire fiacilities.
5. Any ~se listed in Section 24-180 A. whEch, because af aperational characteristics specific
to t~e particular business or propased location, is found by the Director of De~elopment
Services, to ha~e a the potential to negatively irnpaci adjoining properties, husinesses, or
residents. Generally speaking, any M-2 ~se will probably requir~ a Use Permi# under this
Section ~f the use or structure will be located less than 10d' frpm the boundary of a zone
that aliow residential uses.
6. Junlcyards and auta wrecking yards.
7. Commerc~al ~ses and conditional ~ses listed in Sections A. and C. af the C-1 and C-2
zones uNess s~ecifically listed as a~ affowed use iR Section 24-18Q A., abo~e, and
commercial recreation uses. .
C. Uses requirinq an Administrative Permit:
1'!~e fqliowing uses may be permitted subject to the requirements nfi Section 24-40:
Temporary uses as listed in Section 24-300.
2. Large Pracessing recycling fiacilities
D. Site reauirements: The requirements of Section 24-75 of this Code are rnodified for all building sites
9n M-2 zones in the following particulars:
~at area and width: There is no ~ot area rninimurr~ nor lot width minimum axcept as rr~ay
be required for the building and parking and that area required to meet the sewage dESposal
requirernents af Ghapters ~9 and 20 of #he But-Ee County Code.
2. Minimum Side Yard Required: None, except when the side of a lot abuts upon the s3de of
a lot that is zoned ta allow a residential usE, in which case the abutting side yard sF~all not
Be less than twenty-fNe (25} fee~. .
3. Rear_yard: None, except where the rear yard abuts a lot tfi~at is zoned for to allow a
residential use, in which case the rear yard sf~all be not fess thar~ iwenty-fiv~ (25) feet.
4. Truck loading and unloading space: Private, off-street loading space for the handiing pf all
gaods, r~aterials and equipment shall be pro~ided. Such space shall be of sufficient area
and of suci~ design as to permit the parking and loading of ve~icles without extend9ng into
any existing street heyond the curbline.
^ Comprehens~e Zoning Ordinance ^
Revised by Ord. 3164
Il! - 42
^ Chapter 24 of ~he Butte County Code ^
5. Off-street oarkina; The pra~isions of Section 24-240 shall appfy.
^ Comprehensive Zoning Ordinance ^
Revised by Ord. 3164
~~~ - ~~
^ Chapter 24 of the Butte County Code ~
TIMBER ZONES
SECTION 24~85 C-~ (COMM~RCIAL FORESTRY} ZONE
A. Uses permitted:
1. Management af land and farests fqr the grqwth, harvest, and prodt~ction of trees.
2. Management of land and farests to protect them frorr~ fire, insects, disease or other such
calamities.
3. Logging, cons#ruciion and use of equipmer~t, installations and impro~emer~ts necessary for
removaf ofi trees, fogs and forest products.
4. Portable wood processing aperations and accessory improvemen#s.
5. llses of natura! resaurces wholly corr~~atibfE with forestry operatians including In+estock
grazing, beekeepir~g, prospecting and similar uses.
6. Recreational uses not requiring permanent improvements and not interfering materiaNy with
forestry operations, including hunting, fishing, camping, hiking, riding and sirr~ilar uses.
7. The erection, construction, aiteration or rnaintenance of gas, electric, water or
corr~munica#ion transmission facifities, hydro generating projects of 5 megawatts or less.
B. Uses red~iring Use Perrnits:
1. PerrrEanent residential quarters fior persons employed on the premises.
2. Other uses c~astamary and incidental #o forestry operations, including perrrtanent waod
process~ng ins#allations.
3. Development and use of water and mineral resources for other than forestry aperations.
C. Uses requirinc~an Administrative Perrr~it:
The follawing uses may be perrnitted subject to the requ~rements of Section 24-4Q:
Temporary uses as listed in Section 24-300.
D. Area requirements: Min9mum iot area is one hundred si~cty (16fl) acres.
E. Frantyard setback: Minim~m front yard setback shall be twenty (20) feet from the edge of the
~altimate right-of way from all pubfic or prNate roads except where the road is classified as a Federal
Aid Road, in which case the setE~ack shall be twenty-fNe (25) feet from the edge of the ultimate
right-of-way.
^ Comprehensi~e Zoning Ordir~ance ^
Revised by prd. 3164
l11 - 44
^ Chapter 2~ of the Butte Co~nty Code ^
SECTION 24190 ~M-1 '~HROUGH TM-i60 (TIMBER MOUNTAlN} 20NES
The folfowing permitted uses, uses reguir€ng a Use Perrnit, and uses req~iring an Administrative Permit, shafi
apply to all zones TM-1 thro€agh TM-160. Site requirements for each zane wi71 be lis#ed separately.
A. Uses aermitted:
1. One single famiiy dwelling, mobile home, or modular home, per parcel.
2. Managernent, raising, harvesting and removak oftrees, shrubs, seedlings, flawers, her~as and
all food crops for hurnan or anir~al consumption.
3. Prospecting, clairning, drilling, rnining, excavating and dredging of mineral, hydracarbon
and geothermal reso~rces, and expforatory seismokagytesting, subject to the requirements
o# Chapter 13 of the B~tte Count Code and, except as limited in paragraph C. below.
4. Protection of land and forests frorn fire, erosion, ~oods, slides, qualces, insects, diseases
and pollution, including arboretu~ns and natural wilderness, experimental and study areas.
5. The ~rection, cons#ruction, alteration or rnaintenance of gas, eleciric, water or
communication transmission fiacilit~es, including hydro generating projects of 5 rriegawatts
or iess.
6. The use of a single family residence as a small family day care home, licensed family oare
home, foster horr~e, ar group home for mentaf~y disordered or atherwise handicapped
persons ar neglected children. Said hames shall serve 6 or fewer persons and shall E~e
subject to all appficable State regulations and limitations.
B. Accessorv uses:
1. 7hose uses and structures norrnally associated with a single family residence and are in
conjunctian with or incidentai to the residential use, including but not fimited to a garage,
workshop, shed, garden, private swimming pool, private tennis court, gazebo, spa, etc.
2. A Guest HouSe as defined hy Sec~ior~ 24-305.~75.
3. Keeping and raising small anirrtals for dornestic use, incfuding dogs, cats and househald
pets, pot~ltry and other birds, bees, fish and #rogs.
C. Uses re uirin Use Perrr~~is: The following uses are permitted subject to first a Use Permit
i. Res9dentiaf uses other than nne sin~le-family dwelling per parcel , including labor camps,
commercial gusst ladging, graup quarters or dwefiing ur~its at greater densities.
2. Corr~mercial wood processing plants.
3. Kennels and animal hosp~tafs.
4. Commercial li~estock feed yards.
Animaf product process9ng pfants.
~ Comprehensive Zoning Ordinance ^
Revisad by Ord. 3164
I I i - 45
^ Cf~apter 24 0~ the Butte Cour~ty Code ^
6. Min9ng, quarrying and excavating acti~ities w~ich rrEight he o~jeeiionable by reason of
noise, odor, smoke, dust, bright ligF~t, vibration, strearr~ poff~ation or handling af explosives
or dangerous materials.
7. Commercial boat ramps, docks and landing facilities.
S. Aircrafit landing facilities.
9. Dispasal areas and sewage treatment facilities.
1 Q. Pubiic and quasi-public uses.
11. Private or commerciak autdoor recreation facilities on sites of not less ihar~ f~ve (5) acres,
including country clubs, golf courses, riding aeademies and stables, hur~t~ng and fishing
camps anci other clubs, and gun clubs and ranges.
12. Public tasting ronms in con~unction with a winery on sites not less than five (5) acres,
pro~idEd that such tasting roorr~ must be accessory to the on-site winery.
D. tJses re uirin a Minor Use Permit: The fallowing uses may be permitted subject to the
requirements o~ Section 24-41:
1. Large family day care facilities subject to the requirements af Section 24-265.
2. A Second Dwellir~g Unit pursuant to Section 24-280.
~. Uses reQUirinc,~an Aciministrai~ve Perm~t: 7he fallowing uses rr~ay be ~errrEitted subject to the
requirements of Section 24~0:
Home occupations subject to the requiremer~ts of Section 24-270.
2. 7ernporary uses as listed in Section 24-30€~.
3. A ternporary mobiie home subject to the requirerr~ents of Sections 24-295 and 24-295.10.
SECTION 24190.10 TM~1 ~HROUGH TM-160 SI7E REQlIIREM~NTS
Areas and setbacks are minirnum requirements unless otherwise stated:
Zone ~istrict Lot area Minimum
Lot Width Front Yard
Setback Side Yard
Setback Rear Yard
Setback
~M-1 1 acre 65' 20'* 5' S'
TM-2 2 aeres 65' 20'* 5' S'
TM-2.5 2.5 acres fi5` 20'* 5' S'
TM-3 3 acres 65' 2D'* 10' t4'
7M-5 5 acres 65' 20'* ~ 0' 10'
^ Comprehensive Zoning Ordinance ^
Revised by Ord. 3164
Ili-46
^ Chapter ~4 of the Butte County Code ^
Zone District Lot area Minimum
Lot Width Fron# Yard
Setback Side Yard
Setback Rear Yard
Setback
TM-7 0 1 t3 acres 65' 20'* 10' 10'
TM-20 20 acres 65' 20'* 25' S0'
~M-40 4Q acres 65' 20'* 25' S0'
"TM-160 16~ acres 65' 20'* 25' S0'
* Front yard setback: Minimum front yard setback shall be twenty t20) feet from the edge of the ultimate
right-of-way from all public or private roads except where the road is classified as a~'ederal Aid Road, in
which case the setback shall be ~nrenty-fNe (25) feet from t~e edge of the ultimate right-of-way.
SECTION 24195 TPZ~164 (TIMBER PRESERV~ ZONE}
A. EJses permitted:
Campatible uses, which are any uses that do noi significantly detract from the use of the
property #or, or €nhibit, growing and harvesiing timber, and shall include, b~at not be lirr~i#ed
to, the following, unless in a spec~ic 9nstance such a use would be contrary to the
preceding definitian of compatible use:
a. Housing uni#s that would be compatible to #imber uses.
~. Management for watershed.
c. Managerr~ent for fish and wildlife habitat or hunting and fishing.
d. A use integrally related to the growir~g, harvesting and processing of foresi products,
incfuding but not limited to roads, fog landings and log storage areas.
e. 'The erection, construction, alteration or maintenance of gas, electric, water ar
communication transmission facilities, small hydro generating projects of 5
megawatts or less, expforatory seismology testing.
Grazing.
g. Mir~ing, nr any usa integrally related ihereto.
B. Lot area: The minimurn lot area for inclusion in the Timber Preserve Zoning District sha{I not be
less than one hundred si~cty (16D} acres and must consist of cor~tig~ous parcels, contiguous
mea~ing two (2) or rr~ore parcels of land that are adjoining or neighboring or are suificiently near
to each other as dEtermined by the Baard af Supervisors that they are manageable as a singlE
forest unit. Such parcels must be capable of growir~g an a~erage annuai volume ot waod fiber
as determinec~ by the Co~nty Assessor at least f'ifteen (15) cubic feet per acre.
C. Inc{~sion standards: The parcel or parcels to be 9ncluded in the Timber Preserve Zoning District
shall comply with the foflowing criteria:
^ Camprehens~ve Zoning ~rdinance ^
Revised by Ord. 3164
I!I - 47
^ Chapter 24 of the Butte County Code ^
i. A map shall be prepared, showing the legaf description and assessor's parcel numE~er of
the property desired to be zoned.
2. A plan far forest rnanagement rnus# be prepared or approved, as to content, for the
properly by a registered profess~onal faresier. Such pfan shall provide for the e~entuaf
harvest of #imber within a reasonab[e period of time, as determined by the preparer of the
plan.
3. The parcel s~all meet #he tirnber stocking standards set forth in Section 4561 of the Pubfic
Resources Code and the forest practice r~les adapted by the state baard of forestry far
the district in which i~e parcel is located, or the owner must sign an agreecr~ent with the
Board of S~per~isors to meet such s#acking standards and forest practice rules f~y the fifth
anniversary o# the signing of such agreement. lJpon the #ifkh anni~ersary of the signing
of s~ch agreement, the Board of Supervisors shall determine whether #he parcel meets #he
timber stocking standards in eifect on ihe date the agreement was signed. !f the parce!
fails to meet the timber stocking standards, the Board of Supervisors shall immediateiy
rezone tF~e parcel ar~d specify a new zone far such parcel which is in conformance with
the County general plan and whose primary use is other than tirnberland.
4. The parcel shaff i~e privately owned land, Qr land acquired for state #orest purpases, which
is de~oted to and used for growing and har~esting timber, or for growing and harvesting
timber and compati~le uses, and which is capabfe o# growir~g an a~erage annual vofume
of wood fiber of at least fifteen (15) cubic feet pEr acre.
5. The parcels shall be in compliance with the compatible uses as set forEh in suhsection A.
of this Section.
6. The land shali be of site quality IV or better, as described in Section 434.5 0# the Revenue
a~c~ Taxation Code, for purposes qf ~aluation.
D. Addition: No#withstanding subsection B. of this Section, recentiy acquired land may be added
to an existing ~'imber preserve Zoning District regardless of the parcel s9ze rf the addition is tar~der
the same ownership and is capable af growing fifteen (~5) cubic feet per acre of wood fiber.
E. Size o# parcels: Parcels zaned as 'TPZ" Timber Preserve Zoning District may not be divided into
parcels less than one hundred sixty (~ 6~) acres unless owners of resulting parcels submit a joint
timber rr~anagement plan prepared by or a~pro~ed as to content by a registered professional
forester, and such awners enter into a binding contract with the Board afi Superrrisors to manage
and har~est timber on the tirr~berland join#ly, and are bound by the pro~isinns of such
rnanagement plan for a minimum of ten (10} years.
F. Front ard re uired: Minimum required front buifding setback shaf{ be not less than fifty (5U) feet
from the center line af the road, except where the road is class'rfied by the County as a FEderal
Aid Secondary Raad, ir~ which case the rr~inimum required front building setback shaEl not be less
than fifty-fi~e (55) feet from the center line of ~E~e road.
G. Side yard required: Minirnum required side building setback shall be not less than twenty-five
(25) feet.
H. Rear vard required: Minirn~m required rear building s~tback shall be not less than fifty (50} feet.
^ Comprehensi~e Zar~ing Ordinance ^
Revisad by Ord. 3~64
~~~ - ~8
~ Chapter 24 of the Butte County Code ^
SPEClAL ZONES
SECTION 2420~ A-Z (AIRPORT} ZONE
A. Purpose: It is hereby declarEd that the purpase and intent of this ordinance is to further the
public interest and aeranautical progress by pra~iding pratection, promotion, and developrnent
of aeranautics so as to grant to the Planning Cammissinn such powers and impose upon it such
duties that the Cornmission may properly perform its func#ians relati~e to aeronautics and
effecti~ely exercise its ~urisdiction o~er persons and property assaciated with aeronautic acti~ities
and land uses, ar~d by provid~ng for cooperation with federal and state system of civil aviation
and for coordination of aeronauticai activities of those authorities by elimir~ating costly and
unnecessary lar~d use regufations and eliminating castly and unnecessary land use regulations
ar~d controls.
B. Def~nitions: For the purpose of this Section, the ~allowing words and phrases shalf have the
meanings respec#ively ascribed t~ them:
~. The terrn "aeronautics" means the art and science of flight of aircraft of all types, aviation,
the operation, navigation, maintenance, construction ofi aircraft and all camponent parts
thereof; ar~d includes air navigation aids, such as lighting, markings, radiq ground to
aircraft, aircraf~ to ground, aircrait to aircraft, and related communicat~ans; na~igation and
p91ot9ng; and air crew and air passenger fiacilities; and also includes airparts and airstrips
and the design, construc#ion, repair or maintenance of all or any part thereof aRd
improvements thereto; and the disser~irtation of information and instruction pertaining to
alf of the faregoing.
2. The term "airport" means any area of land or water, whether of public or pri~ate
ownership, designed and set aside for the landing and taking offi o~ aircraft and utilized or
to be utilized in the interest of the public for such purposes.
3. The term "aircrait" rrteans any contri~anee naw known or hereaft~r invented which is
intended, used or designed for flight in ihe air.
4. The term "compa#ible land use" means a€~se of land thai does r~ot e~ndanger ihe heaith,
safery, or welfare of the owners, occupants, or users of the land because of le~efs of noise
or ~ibrations or ~ecause af the risk of perso~al inj~ry or property clamage created by the
operations of the airport, including tE~e taking off and [anding of aircraft.
C. Uses Permitted: Al! activities and land uses which because nf their direci re6ationship to the
operation of an aircraft can appropriately be regarded as an "Aeronauticai Activity" which incfude
the fofiowing:
1. One caretakar residential dwefling.
2. l~nsci~eduled air carrier and faciiities.
3. Charter operations.
~4. Pilot #rainir~g.
5. Aircraft rental and sigh#see'rr~g.
6. Aerial photography.
7. Aerial advertising and sur~ey~ng.
8. Aircraft sales and service.
9. Aircraft storage.
^ Comprehensi~e Zoning Ordinance ^
Revisec~ by Ord. 3164
IIl - ~9
^ Chapter 24 of the Butte Cour~ty Code ^
10. Sale of a~iation petraleum products. Starage and dispensing must rneet Enviranmental
Health, California Department of ~oresiry {CDF), and Vehicle Code requirements.
11. Aircraft repair, ~estoration, and r~air~tenance.
12. Sale of aircraft par~s.
13. Unsehed~led air cargo carriers.
i~. P1ot lour~ges and airpnrt offices.
15. Blast fences.
i6. Runways, aprons, taxiway, na~igational aids, obstructian ligE~#s excEpt as relate[! to
expa~sion of the aperation or lengthening of runways.
17. Airport suppork facilities including, but not limited to, public buildings, ~AA controf tower,
hangers, fire #raining facil~ties, and fl~ght service station.
18. Airpart parking facifities.
19. Cornmunication equipment and facilii~es associated with airpart operations.
20. Rental car aperations and facilities.
D.
~.
Uses requirin~~lse Perm~ts: The follawing uses are permitted subject to fi~st a Use Permit
i. Commercial and Professional Offices.
2. Retail commercial.
3. Restaurants, hotels, motels, barber shops, recreational faciEities and any o#her
commodiiies, ser~ices ar accommodations rnade available tn the generai public.
4. Uti{ity buildings not directly associated with aeronauiica[ activities.
5. BaRking service centers.
6. Manufacturing and light industrial.
7. Warehousing, rnini storage, and distribution facilities.
8. Other compatible land uses as approved by the Planning Commission.
9. Crop dusting.
10. Aircraft development and research.
11. Bus terrr~inals, rarnps, shelters, and other buildings associated with transit and taxi
SEFVICSS.
12. Baggag~ claim facil~ties.
13. Scheduled air carriers and facilities.
14. Scheduled air cargo carriers and facil~ties.
15. Runway expansion.
~evelopment Standards: Unless otherwise specified in an appro~ed Use Permit the following
minimurn devefopment standards shall be as follows:
Oneratinp Perfarrnance Standards: Per~arrnance standards p~ohibiting n~isance or~
accoun~ of fire, noise, ~ibra#ion, shock, explosives, heat, glare, smoke, dust, odor, wastes,
electronic interferences and the like shali apply to all conditional uses.
2. Li htin : The design and location of exterior I~ghting should be required to comply in all
respects to standarcks established by the Federal Aviation Adrrzinistration, or the California
Department of Transportat9on, D~vision af Aeronautics with respect to height, type, and
pfacement af lfghting standards on the airport.
3. Sic~n,s: Signs shakf be limited ta those identifying ~ses conducted on the airport site.
Ot.itdoor aci~erEising signs, billhoards, or
flashing lighting signs shal! be prohib~ed within the airport zone.
^ Camprehensive Zoning Ordinance ^
Revised by Ord. 3164
~ii - 5a
^ Chap#er 24 of ti~e B~tte County Code ^
4. Autornobike Parkina: All aucomobile parking sha!! be required to be o~# street. Off-street
parking pravisions of Butte Counry Cnde Section 24-2A4 shai! apply. All aff-street parking
areas shalf be pa~ed.
5. Buildina and De~elonment Standards: All b€~ildings shall be canstructed and designed in
such a manner to restrict the indoor no€se levels to less than ~5 decihels r~uring aircraft
operation.
6. Storape: Ail storage, except for auto[t~abiles and aircraft, shall be required to be within
buildings or within enclosures. Storage of aircraft parts, service equipmEnt, or similar
items shall be expressly prohib~ed outside the buildings or starage enclosure.
7. Minim~rr~ Znnina Requirem~ntsfor A~ort Zones: Proposed sites for Airport Zoning where
na airport is in existence shall demonstrata it can meet aff the permitting requirements of
the California Depa~tment af Transporta#ion, ~i~ision of Aeronautics.
SECTION 24205 MHP (MOBI~E HOME PARK} ZON~
A. Uses pPrmitted: The foflowing uses are permitted subject to securing an a~proval by the
planning department of a rnaster de~elopment plan:
Princi al~~ses:
a. Mobile homes containing not iess tha~ fNe hundred (540) square feet of gross area.
2. Accesso uses: Subject to ap~rapriate conditions, the follawing accessnry uses may be
approved, as a part of the rnaster deveiopment plan, in any mobile home park:
a. Management office and rnaintenance equiprrEen~ stprage.
b. Coin-operated laundry and dry cleaning facifities, for residents only.
c. Vending machines, for residents on1y.
d. Noncommerciaf recreation, meeting halls, cluhhouses, swimming pools, etc..
e. Storage facili#ies, far resicients only.
f. Chapel.
g. Car-washing facilities, for residents only.
h. Other uses which arE clearly incidental and subordi€~ate to the principai use.
B. lJses re uirin an Administrative Permit: The follbwing uses may be permitted subject to the
requirernents of Section 24-40:
Hame occupations subject to the requirements of Section 24-270
2. Temporary uses as listed in Section 24-3d0.
^ Comprehensi~e Zoning Ordinance ^
Re~ised by prd. 3i64
lli - 51
~ Chapter 24 of the Butte County Code ^
C. Standards fior mobile homes and accessory uses:
Minimum site area: Ten {10) cpntiguous acres.
2. Ma~cimurn dens~v: The density, determined by the master devefopment plan approval,
shall not exceed the following: ~'en {10) mok~ile homes of seven hundred fifty (750) sq~are
feet in gross area per acre, or a combination thereof.
3. Prior to occu~ancy of the first mobile home, not less than fifty (5Q} mobile home lots shall
be prepared and available for occupancy.
4. Parkin re uirements: The a~eral! parking ratio shall be two {2) paricing spaces (10' x 20')
per mobile ~or~e lot. At least one parking space shall be pro~ided on or immediately
adjacent ta each mobile hame lot.
5. Buildin la ines: All strt~ctures and mobile hor~es shall ha~e a setback of at least ~n-enty-five
(25) feet frorn all property lines and any street or road right-of way and adjoining t~e
rnobile horne park. ThE setback area shall be lar~dscaped and mai~tained as a buf€er
strip, anck in all cases the setback area shall be in conformity with Butte County Code,
Cha}~ter 10, Article il.
6. Sians: Each mobile home paric shall ha~e a bulletin board for the listing of each mobile
home s~#e and the name af #he occupant thereof. The hulletin boarc~ shall be loca#ed
o~tside the oifice and shall be lighted at night.
Adequate s~gns and markings indicating directions, parking areas, recreation areas and
street names shall be esiabfished and maintained in the mobile home park. Sucl~ signs
shall not exceed six (6) square feet in area.
Signs or namePfates not exceeding two ~2) square #eet in area and dis~laying the narne
and address only a# the occupant of the mobile home rrtay be erected at each mobile
home s~e.
Signs which identify or advertise the mobile home park may be erected 'rf appro~ed by the
Planning DNision in its action on t~e master de~elopment plan fnr ihe mobile hame park.
Such signs must be located on the premises and shall be not morE than one ~~ndred
twenty (i20) square feet in area. They shall not be animated or illvminated except by
indirect non-flashing ligh#.
Uti~ I~ties: All utif~ties shall be installed underground.
~. Pro e devefo ment standards: The following de~elopment standards shall apply to the
individual mobile home s~tes. Plans and efe~ations for the mobile home parfc shall be submitked
along with other construction plans wit~ the masier de~elapment plan for a mobile home park,
and shall be subject to fe~iew and change upon recommendation of the Planning Di~ision
Mobile harne si~e area: ~he rnohile home sites in a rr~abile hor~-~e park shall a~erage three
thousand {3,400) square feet in area, but no site shall be smaller than two tho~sand seven
hundred (2,7a0) square feet.
2. Mobile horne si~e wicith: Each mobile home site designed for a single mabile home sf~all
be of an a~erage width of forty-two ~42) feet. Sites designed for a do~ble width or larger
~ Comprehensive Zoning Ordinance ^
Revised by Orci. 31fi4
~~~ - ~JZ
^ Chapter 24 of the Butte County Code ^
sha11 be of an a~erage width of thirty (30) feet plus the width of the mobike home, unfess
it can be shown that adeq~ate space for a patia,
parking ancf side yards will be assured, des~~te a s~te of lESS witith.
3. ,Mobile home site frontaae: Each mobile home site shall abut directly upon a mobile home
park street for a minim~m distance of thiE#y (30) feet.
4. ,Population dens'rtv: Not more than one single-famify mobife home may he placed on a
mabile home site.
Lanclscapinc~: The following iandscaping pro~isians s~all apply in all rr~obile home parks:
a. All open spaces except dri~eways, parking areas, walkways, utility areas, impro~ed
decks, patias, or pnrches shall be maintained with landscaping.
E. Speoial development standa~ds:
Walls~nd fences: Walls and fences on individual rnobife home sites sha~{ not exceed two
(2) feet in height. Walls or fences shall be erected around the perimeter of each mnbile
horne park as may be required by ihe Pianning Di~ision. The height, construction and
#ype of material for suct~ perimeter walls or fences shall be as spEC'rfied by the Pla~ning
Division.
Mobile home park streets: Mahile home park s#reets shall be provided in such a pattern
as to provide convenient traffic circulation within the mobile home park. Th~y shall be
constructed to the follawing standards:
a. AIE mobile harne park stree4s shall ha~e a width of not less than thirty (30) #eet
including curbs.
b. 7here shalf be concret~ rolled curbs on each side of the streets.
c. 7he rr~obile home park streets shalf be paved in canformity to Butte County
standards.
d. The mobife home paric streets s~all ha~e adequate ligh#ing.
e. Drainage facifities ar~d encraachmen~ to p~blic roads shall be in canformiry with the
Buite County Department of ~ublic Warks standards.
F. Recreation areas: A central recreation area shall be establisf~ed in each mal~ile home park
created pursuant to the pra~isions of th€s article. The size of such area shall k~e at least two
hundred (200) square feet per mobile horrie site. The recreation area may contain community
clubhouses, swimming pools, shuffleboard courts and similar facilities. The Planning Division
may permit decentralization of tE~e recreational fa:cilities in accardance w~th principles of good
planning provided that the total recreation area rneets the above-stated minimum size.
G. Mobike home ark office: ~very mobile home park shall include a permanent b~ilding for office
use. Such ~auilcfing may include a single-far~-E~ly dwe~ling for the excl~si~e use of the owner qr
manager.
^ Comprehensive Zoning Ordinance ^
Revised by Ord. 3164
111 - 53
~ Chapter 24 of the Butte County Code ~
H. Launcirv rooms: E~ery mobile home park shalk ha~e one or more laundry ~oorns. Laundry drying
lines s~all not be perrrzitted on any mobile home s~te.
Mai1 baxes rovided: Eaci~ mobile hor~e site shall be equipPerJ with a receptacle far mail
defNeries 9n accordance with acceptabfe standards of the Llnited States Post Office ~epartment.
TeleAhones: The mobile home park shal! contain at laas# oRe public telEphone for the use of
park residents.
K. Storage areas: Areas used for storage of tra~e! trailers, boats and othsr such items may be
es~abfished in a mobile home park pro~ided they are adequaiely screened from pubfic view.
L. Ut~'Irties: All utility distribution facilities, including tele~Esion antenna ser~ice lir~es serv€ng individual
mobile home sites shall be placeti underground. The owner is responsible for compfying with
the requirements of #h~s Section ar~d he shalf make the necessary arrangemer~ts with each af ihe
senring utilities forthe installation of such fac7ifiies. Transformers, terminal boxes, meter cabine#s,
pedesta~s, concealed ducts and other facilities necessary and appurtenant to such underground
facilities shafi be insta!!ed in can#ormance with specifications of the State af Calffornia Department
of Housing and Community De~efopment, D~is9on of B~ifding and Ho~sing Standards.
M. Comm~nit television a~tenna: Individual rooftnp or outdoor tefe~lsion antennas shail not be
permitkeci in a mobile home park. One single tefevision antenna for community service rnay be
situated within the mnbile home park.
N. Doqs and animals: Dogs and other household pets shafl not be permitted #o run at large in any
mobile home park. Bird aviaries, poultry ar~d other barnyard animals shall not be permitted in
any mobile hame park.
O. Tr_ansient spaces: Not rnore than ten (10) per cent of the mobile home sites may be used for
transisnt mobile home sites. Sites resErved to transient mobile homes shall be so designated on
the plans submitted with the master de~elapment pkan. T1~e si~e, yard and properry de~efopment
standards af this classification shakk f~ally apply to sites reser~ed for transient rr~pbile homes.
Mobile homes which are smaller than specified in Sec#ion 24-205 A.1.a. may occupy such
designated transient mobife home site for a period of ~p to ninety (90) days.
SECTION 24210 PllD (PLANNED UNlT DEVEL.OPMENT) ZONE
A. Pvrpose: The purpase of the Planned Un~ Deveioprrtent (PUD) Zone is to allow diversification
in the relations~ip of ~arious ~ases, buildings, struetures, lot sizes and open spaces, to e~courage
and take ad~antage of opportur~icies for more integrated, flexible and superior design than is
a~ailabfe through the application of con~entional regulation which anticipates indNicf~aE loi
devefopment. It is the intent of this zone to pro~ide a flexible means to implerr~ent the goals,
policies and prograrr~s of the B~tte County General Plan while ensuring the pro~ision of adequate
standards to protect the public heakth, safety and general we~fare. 1t is also the purpose of this
zone to encaurage innovative, high-q~ality design, efficient use of fand and modern site planning
for residential, agriculture, cammerc~al and industrial purposes.
8. Adnption a~ u5e_limitations: A Planned Unit De~elopmEnt {PUD) Zone shalE be established by
the adoption of an ordiRance by ihe Board of S~~ervisors rezoning the praperty ta the Pfanned
Unit Development Zone and adopting by reference a land use and de~efopment plan, the pro~i-
sions of which, together with any other pro~ESians which in the opinion of #he Board of
^ Comprehens9ve Zoning Ordinance ^
Revised by OCd. 3164
111 - 54
^ Chapter 24 of the Butte County Code ^
Supervisors are nEcessary and incfuded in the ordinance, shall constitute the reguiations far the
use, improvement and rr~airrtenance of the properry within the bouRdaries of the zone. Except
as hereinafter ~rovided, no use, huifding, s#r~cture or parcel may be macie, created or otherwise
altered except as ii complies with the ardinance adapted pursuant to this chapter.
C. f..and use densitv area: The resider~#ial fand use density of any Planned Unit Developrnent Zone
shall not exceed that allowed by the Butte County Ger~eral Plan des9gnat9an for the propased site.
D. Pre-appfication canference: Before filing any appl9cation for Planned Unii De~elopment znning,
the praspecti~e applicant is encouraged to sulamit to the Planning Division preliminary pkans,
sketches and basic site infqrmation for consicleration and ad~ice as to the relationship af the
proposed devefopmen# to the applicable general and specific plans and policies. Other
departments and agencies with responsibilities for review, comrnent or other regulation of the
proposed deveEopment may participate at the discretion o~ the Director of De~elopmeni Services,
and with t~e participation of appropriate responsible agencies, ptars~ant to Section 21D80a.3 of
the Puhlic Resources Cade and Section 15Q66 af the California En~ironmental Qual~ty Act (CEQA)
Guidelines.
E. ~evelopment Criteria : Ir~ addi#ion to the cr~teria listed on the attac{~ed sheet, the follaw3ng items
are required:
Each Pl1D shall, as a minimum, provide off-stfeet parking in accordance with chapter 24,
off-street parking. Additional ~arking equal to fifty (5p) percent of the required spaces
s~all be pro~ided uNess mod'rfied by the Directar of De~elopment Services of Planning
Commissipn.
2. In residential PUDs plans shall pro~ide that not fess than twenty-f~ve (25) Percent of the
resider~tial portior~ of tt~e project shail be utilized for purposes ather than residential
dwelkings and paved areas fflr vehicular uses. Na fess t~an forty-five (45) percent of such
twenty-five (25) percent shaU be utilized for recreation or park areas a~ailable for use by
a!! residents. The same criteria for open space area shall apply ta agricultural PUDs which
may or may not include residential uses.
3. Each industrial or commercial PUD shall pro~ide that not Isss than ten (i 0) percent of the
pro~ect shall be de~efoped as landscaped areas.
4. Each PUD shall abtain tentatNe clearance from the Butte County Health DNision, Di~ision
of Environmental Heaith, for sEwage dispasal and water supply for the project at the
density proposed. Soil tests, drilling of test wells or geologic reports are among the steps
ihat may be required to provide evidence of sewage dESpasal capability and water
a~ailability far domestic use. Minimum lot areas for septic systerr~s must comply with
Section 20-120.1 af the Butte Caunty Subdivis9on Ordinance and appendix Vll of #he
irnpro~ement Standards for Subdirrisians.
F. A~nlyinq for a rezone to PUD: 7he Pianned Unit Develapment is intendecE to allow di~ersi~ication
in the rekationship of various uses, buildings, struct€~res, [pt sizes and open spaces whle ensuring
substantial compliance w~h the general pian and the intent of the County Code in r~quiring
adequate standarcfs necessary ta satisfy the requirements of public health, safety ancf general
welfare.
Each appEication for a rezone to PUD sha6i include:
^ Comprehensive Zoning Ordinance ^
Revised by Ord. 3164
~~I - ~J~J
^ Vhap~er 24 of the Butte CQUnty Cod~ ~
i. A carnpleted rezoning appiication form.
2. A completed En~iranmental Information Append~x "~" farm.
3. Copies, as specified in the rezone application, of a preliminary de~elopment plan and a
reproducible master, the plan sE~ouEd he drawn to scale and indicate:
a. Propo~ed use(s} of alf lar~d in the subject area.
b. Existing natural land features and topography of the subject area.
c. Circulation pfan for all ~Ef~icular and pedestrian ways, including typical sect9on of
roadways.
d. Metes and 6ounds of the subject properry.
e. Location and dimensions of all existing structures.
Locations of landscapi~g, parking areas, fire hydrants, street lighting, typical
praposed structures, sewage disposal and water supply systems.
g. Prel~minary grading for ihe de~efopment.
4. A title re~ort which includes a written legal description of the suhject area, that report to
be not more than six {6} months old.
5. A prelimir~ary report on pro~isians for and location of storrn drainage, sewage disposal
and pubfic utifities.
6. A statement which describes the organization of any proposed horneowners' association,
listing the intendec~ covenants, conditions and restrictions.
7. A statement from the applicant explaining how the proposed de~elopment coriforms to,
and is cansEStent with, the general plan.
8. Incf~ade a statement that describes the in#ended height and bulk of the structures and their
refationship to the surrounding areas.
9. A statement concerning any proposed phasing of the project, indEcating the sequence and
#iming of each ~f~ase and ~ow each unit would independently constit~e reasonable and
order~y developrnent of the area.
Add'Rionai infofmation may be required by the Planning Commission or Board of Supervisors at
the time of any pubfic hearing.
G. Applieation: Any appfication for rezoning ta Pfanned Unit Development shall k~e accpmpar~ied
by a proposed develppment plan to be reviewed for tentati~e map approval pursuant ~o chapter
20 ofi the Butte County Code. All applicable fees will be subrnitteti as ~art of the appiication.
Such feES will incEude those required for a tentati~e subdivision map application. As to form and
content, the proposed development plan map and the re~iew process shall conform to the
requirert~ents of this Code for a ten#ative map. Upon receipt of Lhe recommendations of the
comrnittee, the Director qf De~eloprnent Services shall sei the application for hearings as in the
^ Comprehensive Zoning Ordinance ^
Fievised by Ord. 3164
Ill - 56
^ Chapter 24 of the Butte County Code ^
case of other rezoning applicatians. After receiving the recomrnendations frnm ti~e Planning
Cammission, the Board of Super~isors will approve/deny the tentative map at the same hearing
as the FUD rezone is approved/denied.
SECTION 24215 P-Q (AUBLIC, QUASI-PUBLIC) ZONE
A. Uses aermitted:
1. PuE~lic schoofs.
Public parks.
3. Public playgrounds.
4. Publicfy owned buildings and land.
5. Public recreational areas.
6. ~'ublic hospitals.
7. Other pubfic uses as defined in Chapter 24.
B. Uses requirins~ Use Permits: The foilowing uses require a lJse Per~nit subject to the requiremen#s
of Section 24-,45 et sec~.
Quas~-Public uses as defined in Section 24-305.450.
C. Uses requirina an Adrr~tnisVati~e Permit: The followir~g uses may be permitted subject to the
requirements of Section 24-40:
Reverse vending mac~ines and srr~all collection recycling facilities pursuant #o Section 24-
275.
D. Minimurn lot area and widt~: There is no lot area rr'~~~imum nor lot width minimum except as
may be req€~ired for the building and parkir~g and that area required to meet #he sewage dispasa!
rec~uirements of Chapters 19 and 20 of the B~e County Code.
E. Minimum side and rear yard: None, except where the side o~ a lot abuts upon the side of a lot
that is zoned ta allaw a residen~'tai use, in which case the abutting side yard shall be not less than
f~ve (5) #eet, and except where the side yard on the street side o~ a corner fot abuts, in which
case the side yard on the street side shail be one-half #he corresponding front yard req~ired in
sucF~ residential district. The s9de yard requirements for residential dwellings shall conform to the
rec~uiremen#s of Section 24-75.
F. Minim~rn firont yard: Minimum front yard setback shall be twenty (2Q) feet from the edge of the
ultima#e right-of-way frorn ali puE~fic or pri~ate rnads excepi where the road is dassified as a
Federal Aid Road, in which case the sethack shall be twenty-fi~e (25) feet frorn #he edge of the
ultimate right-of-way.
^ Com~fehensi~e Zoning Ordir~ance ^
Revised by prd. 3164
~~~ - ~J7
~ Chapter 24 of the Butte Counfiy Code ^
SECTION 24220 R-C (RESOURCE CONSERVATlON} ZONE
A. Uses Qermitted:
1. Natural, wilderness and study areas,
2. Preserves for nati~e fish, birds and wfldlife.
3. Preser~ation of water resource areas, including strearns, rivers, fakes, swamps, ponds,
beaches, riverbanks, lakeshares and watershed areas.
4. Agricultural uses, not incl~ding permanent dwellings.
5. Keeping, raising and pasturing of li~estock, r~ot inclttding feed yards.
6. Establishment af archaeological and historical sites.
7. Recreational uses not reqviring perrr~anEn# impro~ement, including hunting, fishing,
carnpir~g, hiking, riding and similar uses.
8. Emergency uses needed for ihe proteciion af lanc~ and resou~ces from fire, erosion, floods,
slides, quakes, insects, diseases anc~ polfution.
B. Uses re uirin a Use Permit:
1. Preserrres for nonnative wildlife species.
2. ~stablishrnent of rest stops, ~ista poi~ts, and bicycle, pedestrian and equestrian trails, not
including commerciai sales and services.
3. Exploration and reconstruction of hisiorical and arc~aeological sites and structures.
4. Permanent improvements needed for the protection of land and reso~rces from fire,
erosion, floods, slides, quakes, insects, diseases and poiiution.
5. Stations to monitor air guality, water quaiity and seismic act~vities.
6. Mining and quarrying. This permit does not exc{ude any other permits as required by o#her
regulatory agencies or ~~or~ re~iew by said agencies.
C. llses requirinc~ an Administrati~e Permit: The following uses r~ay be permitted subjec~ ta the
requirements of Section 24-4p:
t. Temporary uses as listed in Section 24-300.
D. Lot area required: M~nirnum lot area shall be ten (10) acres.
E. Frant buildir~g setback: Minimum front building setback for siructures shall be one h[~ndreci {100)
feet from the center line of tl~e raad.
F. Sittn reaulations:
^ ComprehensE~e Zoning Ordinance ^
Revised ~y Ord. 3164
I~l - 58
^ Chapter 24 0~ the Butte County Code ^
1. Signs or advertising displays shalf be lirnited to ane sign per lot ad~ertising the safe or
lease of that lot or the services rendered on the lot or t~e procl~cts grown or raised on the
lot, and one sign ad~er~ising sales or ser~ices off the prem9ses.
2. Signs to guide traffic #o registered historical landmarks are also permitted i~ they are
installer~ in accordance with the Planning Manual of Instructions of the Department of
Transpo~tation of the State of California.
3. Signs must be statianary and of a constant color, light and intensity.
4. Signs rn~st not be higher than ten (~0) feet above grade and must not be wider than six
(fi) feet.
5. All signs must be locaied behind the front setback line.
G. Side and rear setbacks: Minim~m side and rear building setbacks shall be ten (10} feat from
praperry lir~es.
SECTiON 24225 S-H (SCENIC HtGHWAI~ ZONE
A. Uses permitted:
1. l,.awfuf uses of land established at the tirne a district was ariginally zoned S-H.
2. One residentia! dwelling, modular home, or rnoE~ile home per parcel.
3. The use of a sir~gle family residence as a smalf family day care horr~e, licensed family care
home, foster home, or gro~p home for mentafiy disordered or otherwise handieapped
persons or neglected children. Said harr~es shafi serve 6 or fewer persons and shall be
sc~bject to all applicable Siate regulations and limitatipns.
B. Accessory uses_
1. Thase uses and structures norrnally associated with a single famify residential use and are
~n conjunction with or incidental to the residentiaf use, including but not limited to a garage,
workshop, garden, pri~ate swimming pook, prNate tennis court, gazebo, spa, etc.
2. A Guest House as de#ined by Section 24-3fl5.175.
3. Hausehold pets, but not including livestock, poultry ar paisonous reptiles.
4. Agriculturaf tases and buildings.
C. Uses requirina Use I'ermits: 'Che fo6lowing ~ses are permittECi subject to a Use Permit:
ScF~ools tincluding private, vocational, or craft schools), public and yuasi-public uses.
roadside stands #or the sale nf produce from the fand fronting the highway within the
district; and
2. Highway ser~ices primarily for the convenience of the tra~eli~g public and including:
~ Cornprehensive Zoning ~rdinance ~
Re~ised by Ord. 3164
Ifl - 59
^ Cha~ter 24 of the Butte County Code ^
a. Gasoline service s~ations.
b. Restaurants.
c. Motels and ~railer courts.
d. Public and quasi-public buildings and professional buildings.
D. Uses requiring a Minor Use Permi~: The following ~ses may be permitted suhject ta tf~e
requirements of Section 24-41:
Large family day care facilities subject to the requirements of Section 24-265.
2. A Second Dwelling Un~ p~arsuant to Section 24-280.
~. Uses requir~na an Administrati~e Permit_ The following uses rr~ay he permitted subject to the
requirements of Section 2~4-4U:
1. Home occupations subject to the requirerr3ents of Sectian 24-274.
2. Temporary ~ases as listed in Section 24-300.
3. A temporary mobile home s~bject io the requirements of Sections 24-295 and 24-295.10.
F. Siqns: No signs, billE~oards or advertising displays shall be erected within LhE dis#rict except signs
advertising anly the sale or lease of fa~d upan which the sigR is placed, or the products grown or
raised upon such property, and established or permitted uses on such properry except the
foflowing:
1. Directiona! signs are permitteci in advance of an entrance to a frontage road or intersection
where businesses that serve the highway users (i.e., phones, roadside businesses,
hospitals, motels, rest areas, campgrounds and next ser~ices) are available and installed
in accordance with State ofi California D~ision of Highways Planning Manual of Instructians.
2. His'tarical landmark signs are permitted in ad~ance of an entrance to a frantage road ar
intersection with the rnost direct access roa[~ to guide traific to a registered landmark and
installed in accordanca with State of Cali~ornia Di~ision of Highways Planning Manuaf of
! nstruc#~ons.
G. Site reguirements: ~'he provisions of Section 24-75 shal[ appky.
SECTION 24230 U (UNCLASSIFfED) ZONE
A. Purpose and Intent: All t~e unincorporated area o# the County of Butte not otherwise zo~ed by
ordinance by the Board of Supervisors is hereby zoned as a U(Unclassified) distric#, and suc~
district is defined and subject to the fallowing regulations,
B. Permitted Uses: The foiEowing are the principal perrnitted uses in the U Zone:
1. Single-famiEy dwelEing per parcel and accessory buildtngs.
^ Comprehensi~e Zoning Ord9~ance ^
Re~ised by Ord. 3164
Il1 - 60
^ Chapter 24 of the Butte County Cvde ^
2. Agricultura! uses and buildings.
3. Small hydro generating plants ofi 5 megawatts or less.
C. Uses reguirina a Use Permii: The fo{lowing are conditional uses in a U Zone:
Muitiple-familydwellings, including duplexes, subjecttothedensityspec~fied bytheGeneral
Plan. Second Dweliing Units and Ternporary Second C7wellings do not have to meet the
General Pfan d~nsity requirements.
2. Gomrnercial uses of land or buildings.
3. Recreationai vehicle parks.
4. Campsites.
5. Public and quasi-puhlic uses.
6. Junkyards, secondhand stores, a~to wrecking yards, ~sed car lots, #railer sales and
equipment sales.
7. Cammercial distillation of bones, abattairs, auction yards, commerciaf fivestock feed yards,
co~nmercial miffings, canneries, furr~ber and lumber processir~g, tanneries, fat rendering,
gar~age-fed cornrnernial hog raising, food a~d agriculture product processing plan#s.
8. Country clubs, golf caurses, racetracks, drive-ins, ball pari~s, riding academies, bowiing
alleys, corrimercial amusernent enterprises, taverns, dance halls and other placES of
recrea#ion of a similar character.
9. Kennels and small animal hospitals and crematories.
i0. Traifer caurts, canstruction labor camps.
11. CammErcial airports {excepting individual or private airports and those operat~ excfusively
for agricultura! purposes).
12. Cemeteries, crematories, mausoleums or other places of the burial or other dEsposal of the
human dead.
13. Storage of inflamrrtabfes {excepting for agriculturaf purposes).
14. Dumping and disposal areas.
15. Manufac#uring of acids, expfosi~es, ~er~ilizer, glue, gypsum, lime, plaster of paris, pulp and
pa~er, beet sugar, crushed rock, sand and gra~ef, cement, concrete, and/or asphalt
batching plants, concrete and cfay products.
16. Industrial uses whict~ might be objectior~able by reason of emission of noise, offensive
odor, smoke, dust, brig~t light, ~ibration or invof~ing the handiing of explosi~es or
dangerous materials.
17. Hydroefectric ge~erating facilities with installed capaciry greater than fNe (5) megawatts.
^ Comprehensive Zoning Ordinance ^
Revised by Ord. 3764
~ ~ ~ - 6'~
^ Chapter 24 of the Butte County Code ^
D. Uses req~irino a Minor fJse Perrnit: The following uses may be permi~ced subjecito the requirements
of Section 24-~17:
Large family day care facilities subject to the requirements of Sectian 24-265
2. A Second Dwelling Unit pursuant #o Sectian 24-280
E. Uses requirinq an Adminisirative Permit: The foifowing uses may be permitted suh~ect to the
requirements of Section 24-40:
Home occuPatians s~bject to the requirements af Section 24-27E}
2. Temporary uses as listed in Section 24-300.
3. A temporary rr3obile hame sub~ect to the requirements of Section 24-295 and 2975.10
F. Densit~es: Res9dentia! densities not to exceed the densities as set farth in the Sutte County General
!'lan for each specific site.
G. ~e~elo ment Standards: The minimum requirements shall be ihose f4r the type of ~se involved.
For instance, a residential ~se woufd adhere ta the de~elapment standards for the "R" Zones anc~
a commercial use would adhere to th~ deve~opment star~dards far the "C" Zones.
H. Other Standards and Fiequirernents: 7he following adclitional standa~ds and requirements sha~E
apply in a"U" Zone, except where specifically rr~odified for conditional uses:
Qff-street parking and laading si~all be pravided in conformity with ihe pro~isions of Section
2~4-240.
2. Contral on Land pivisions: Any proposeci iand divEs~on of 20 acres ar fess must first app~y
for and obtain specific zoning consistent with the General Plan or applicable area or
specific p1an.
SECTION 24235 "WP" (WATERSHED PRQ~ECTI~N OVERLAY~ ZON~
A. Pu~ose and lntent: This district classification is intended to be utilized as an averlay zone which
shall be over~aid onto other zoning districts to establish the bot~ndaries of a watershed, and for the
following purposes:
Ta protect the County's surface and ground water resources.
2. To reduce fu~ure go~ernmental costs by preserving pubfic water supplies.
To recognize #he essentiaily public nature of the land and water rESOUrces o# a watershed,
and ihat their continued vital~ty is directly related to the soc~al and economic welfare o# the
County and its cornm~nities.
4. To protect the put~lic heaith, sa#ety and welfare by requiring such additional restrictions
upon the use of the fand as are necessary to retain the natural balance and integrity af a
watershed.
~ Corr~prehensive Zoning Ordinance ^
Revised by prd. 3jfi4
~~f - 62
^ Chapter 24 of the Butte County Code ^
5. To recognize the uniqueness o~ each watershed by basing the select€on of the mos#
e#fective measures for their protection upon an e~aluation of the soils, climatic co~ditions,
topography, vegetation, drainage patterns, and any other specific condttions uniq€~e to the
watershed.
fi. Tn allow the Co~nty or iis citizenry to identify watersheds where a natural or man-made
imbalance in the sn~ironmentaf system occurs and provide a means for repairing ar
restoring the natural functions of these waters~eds.
B. Ado tion of PaliciES Procedures and Standards
1. ln recognition of ihe tanique characteristics of each watershed and the need for indir~idual
a~aluation, the poiicies, p~ocedures and star~dards for eac~ watershed shall be adopted on
an individual basis by resolution of the Board af Supervisors followi~g the adaption of an
ordinance establisf~ing the "WP" Zone far a waters~ed.
2. At such time as the Planning Commission holc~s a public hearing in accordance with the
provESians of Section 24-25.25 of this ChaPter fnr the purposes of Establis~ing a"WP" Zone,
the proposed reso[ution establishing policies, procedures and standards sha!! be attached
as an exhibit to the request #o establish #he zone. The resnlution shall be subject tq the
sarns notice and hearing requirements as the zoning amendment, including the
requ9rement for a depasit to co~er the estimated p~blishing fiee for the resof~tion, if
required.
3. At such time as the Planning Cornmission shall render its decESion in the forrn of a w~itten
recommendation to the Board of Supervisors in accordance wit~ the provisions of Sectian
24-25.34 of this Chapter on the establishment of a"WP" Zone, they shall also render their
recammenc~ation on the content of the resolution and may recommend the inclusior~,
deletion or any change whatsoe~er in the cor~tents of t~e resolution.
4. At Lheir hearing held in accordance wiih Section 24-25.25 of this C~a~ter, the Board nf
Superv~sors shall set and hear botf~ the establishment of the °WP" zonirtg district and the
resofution. The provisions of Section 24-25 et seq as they relate to the establishment of
the zoning district, including referral back to the Planning Commission, shall akso relate #o
the adoption af the resolution estaE~lishing policies, procedures and stancfards.
5. Fallowing the Boarcf af Supenrisors' appra~al of the "WP" Zone and the resolution
establishing policies, procedures and standards, a certified copy of said resolutinn shall be
attached as an exhibit to the ordinance creating the "WP" district.
C. Apolication
~'he "WP" appearing after a zoning designation on the Comprehensive Zoning Plans
indicates that the property so classified is subject to the provisions of this Article in addition
to those af the underfyir~g district onto which it is over~aid.
2. The regulations of the "WP" dis#rict spec'rfi~ within the Article and as specified in a
reso~~ior~ of the Board of Supervisors adopting policies, ~rocedures and staRdards sf~all
prevail aver any conflicting regulations of any disirict onto which the "WP" district is
o~erlaid.
~ Comprehensi~e Zoning Ordinance ^
Revised by Ord. 31&4
Ifl - 63
^ Chapter 24 of the Butte County Code ^
ARTICLE IV
GENERAL DEVELOPMENT REGULAT[ONS
SECTION 242~40 AARKING REGULA'~tONS
A. Off-Street Parkina
1. Pu~, rpose: To alle~iate or pre~ent congestior~ of the public streets, and to promote the
safety and weffare of tf~e p~bEic by establishing minimum requirements for the off-street
Parking and loading of rr3ator vehicles, in accordance wi#h the use to which property is Put.
2. Scope of Regulations: The off-street parfcing and loadi~g pro~isions of this Section shall
apply as foilows:
a. When the intensity of use by any building, structure or premises shall ba increased
through addition of dwefling units, grnss fiaor area, seating capacity or other units
of rneasurerr~e~t s~ec'rfiec~ herein for required parking or loading facilities, parking
and [oading facilities as required herein shall be provided for such increase in
intensity of ~se.
b. Whenever the existing us~ of a building or structure shalf here9na#ter be changed
to a new use, parking or loading facilities shall be provided as required for such
new use. NawevEr, if the bui[ding or structure was erected prlor to the effecti~e
date af this ordinance, additional parking or loading facilities are mandatory only
in the amaunt by which the requirements for the new use wpuld exceed thase for
the existing use if the latter were sut~ject to parking and loading pro~isions of this
ordinance.
c. For all buildings anci structures erected and all uses of lanci estabfished a~ter the
effec#ive date afi this ordinance, parking and loading facili#ies shall be provided as
required by this article.
B. Re uired Off-Street Parkin : Off-street parking sf~all be provicied as required in the fallawing
schedule (far required residentia! parking refer ta residerrtial arkicles):
Ac~rlcultural uses. 6ahor camQS: Sar~e as multifamily.
Amusem~nt or_recreatianal enterprises (nat spECifically referred to in this schedule: As specified
in l~se Pertnit appro~af b~t in no case less than one (1} space per two hundred (200} square #eet
o# gross floor area.
Audi#oriums o# a schoal church colfe e nr insti~~rtion: One (~) parking space far each six {6)
indi~id~ai seats ar equi~alent or one (1) space per fifty (50) square feet of usabfe seating area,
whichever is greater.
~ Comprehensive Zoning Ordinance ^
Revised by Ord. 3164
1V-1
^ Chapter 24 of the Butt~ County Code ~
Auto accesso~sales and service: Or~e (1) space for each two hundred (2~0) square feet of gross
floor area.
AErto repair and ser~ice: One (1) space for each four hundred (400) square feet of gross floor area,
but in no case less than six (6) spaces.
Automobiie, boat, mobile home, trailer sales or rental: One {1) space for each four h~ndred (400}
square feet of gross floor area pfus one (i) r~served space for each two (2) employees, but ~r~ no
case iess than six {6) spaces.
Autorr~obile service statians: ~ight (8) parking spaces for each station.
Boarding houses: One (1} space per guest room.
Bowling allevs: Fi~e (5) spaces for each aitey plus addi~ianal spaces as may t~e required hereir~ for
accessory uses suc~ as res#aurants, bars, and the like.
Car Was~: Reser~oir parking spaces egual to fi~e (5) t~mes the capacEty of the laundry shall be
pro~ided plus one (~) space for each two (2) employees.
Cemeteries, mausflleums: As sp~c~ied in UsE Permit approval.
Churches: Or~e (~) space for each six (6) incfividuaf seats or equir~alent in the at~ditorium or church
or one (1) space pE~ fifty (5Q} square fee# of usable seating area, whichever is greater, plus anE (1)
space for each classroom ar oifice. For can~ents, parish houses and the lifce, one (1) space for
each automobife owned ar~d/or operated by the c~urc~. For admi~nistration offices accessory to
the church operation, one t1) space for each o~fice.
Con~alescent hames. rest homes. nursina horrEES. sanitariums. etc.: One (1) space for e~ery four
(4) beds plus one (1} space for each two (2) ernPloyees (other than the staff doctors) plus one (1)
space for each doctor assigned tQ ihe staff, but in no case less than one (1) space per seven
hundred ~if#y (7'50} square feet of gross floor area.
Convafescent HospiEals and other sirnilar uses_in~ol~ing o~ernight care or treatrnent: One (~ ) space
per each three {3) beds set aside for care vr treatrnen#.
Drive-in thea#ers: As specified in Use Permit appro~al.
F'inancial and general business offices, banks and real estate: One (1) space for each #hree
htandred {3a0} square feet af gross floor area.
Fraternity housES, soror'rty houses, dormitories: One ~i) space for each rin-o (2) guests but i~ no
case less than one (1) space per sleeping roorn.
Fraternities sororities and dormitories de~nted to housin students: To be determined by the
Planning Division based on the circ~mstances of each case; howe~er, in no case shall there be less
than one and one-ha{f (1-1/2) spaces per each one hundrec! (100) square feet of sleeping area.
Where tk~e total required area includes a fraction, the next highest whole ur~it shall be provEdecl.
Furn~ture and ma~or a~pliance stores ar furnit~re repair shoqs: One (1) space for each four hundreci
(4U0) sq~are feet of gross flopr area.
^ Compreh~nsi~e Zoning Ordinance ^
Re~ised by prd. 3164
{U-~
~ Chapter 24 of the Butte County Code ^
Goff drNina ranges: One (1) space for each tee plus one (1) space for each employee.
Hospitals: One (1) parking space for each two (2) beds ~I~s one (1) space for each two (2)
employees (other than staf~ doctors) Pl~as ane (1) sPace for each doctqr, but in no case less than
ane (i ) space per one thousand (1,OQ0) square feet of gross floor area.
Hoteis and rrzotels: Two (2) spaces for each focJging untt or dwelling ~nit with additional parking
avaiiable; one (1) space per twa (2) uni~s located on site.
MoteEs: One (1) space per sleePing unit or ciwelling unit.
Hotels: One {1) space per bedroam.
One (1) parking space ~or each three (3) employees or one (1) parking space for each two
thausand (2,D0~) square feet of gross floor space, whichever is greater.
If ~ermitted, professional office residences and commerc~al uses shall pro~ide par~ing far
thE spec~fic use as re~uired in this Section.
L_Qdqes anci c{ubs: One (~} space for each one hundred {100) square feet of gross floor space.
Med9cal and dental offices: ~Ne (5) spaces for each dnctor or dentist I~ut in no case less than one
(~) space for each three hundred (300) square feet of gross flaor area.
Medical laboratories: One (~) space for each three hundred (300) square fee# of gross floor area.
Mortuaries. funeral homes: One (~ ) space for each #i~e (5) individual seats ar equi~alent in a cl~apel
or public assembly room or one (1) space per forry (40) sq~are feet of usable seating area,
whichever is greater, plus one (i) space for each funeral ~ehicle.
Museums, art gai~eries: One {1) parking space for each ane h~ndred (100} square feet af pub{ic
ciisplay area {nat including storage, work rooms and the like) for the first twenty-five hundred {250D)
square feet, wiih a minimum of f~teen (15) parking spaces required; then one {1) parking space for
each additiona:E two hundred (200) square feet of display area from fir~e thousand (5,000) sc{~are feet
#o and inci~[ding ten thousand (10,OOD) square feet; then one (1) parking s~ace for each acfditional
fi~e hundred (5~0) square feet of display area a~er ten thousand {10,040) sguare feet.
~ne (1) truclc foacfing dock shalE be provided for buiic4ings w~Eh a grass floor area of fi~e thousand
(5,000) square feet or more.
Example of Parkir~g Requirements
Square Feet Minir~um Spaces
i,500 or fess . . . . . . . . . . . . . . . . . l5
2,500 ..................... 25
S,OOE} . . . . . . . . . . . . . . . . . . . . . 4~
~~,oao ..................... ss
Nurseries, pre-schools: One (~) space per classroom or office but in no case less than three (3)
spaces.
^ Compre~ensi~e Zoning Ordir~ance ^
1V-3
Revised by Ord. 3164
^ Chapter 24 of the Butte County Cade ^
Offices: B~siness, qrafessionai financial, banks, real estate: Or~e (1) space for each three hundred
(300) sq~aare feet of grass floor area.
Passenger termfnals: One (7 ) space per each gross one hundred (10D) square feet of waiting room
area.
Public utility and~ubfic service uses and public utility ser~ice yards: One (1) space for each three
(3) ernployees or~ the maximurn shift pfus one (i) space for each ~ehicle permanently assigned to
the facility.
Research ~aborataries: One (1) space for each se~en hundred fifry (750) square feet of gross floor
area occupied exclus~rely by laboratory equipment, plus one (~ ) space fior each tF~ree hundred (300)
square feet of gross floor area on the balance of the building.
Residential
Single-farnilv dwellinqs: Two (2) spaces per dwelling.
Multi le-famil dwellin s: One parking space ~er bedroom but in r~o ca5e less than two {2)
spaces per dwefling unit plus additional g~est parking spaces equal ta 20°~ of the number
o# dwelking uni~s an site. At least 1 parking space per dwelling u~it shall be ca~ered. The
requirerr~ents for co~ered and guest parking shall apply for all apartrnEnt complexes
containing more than 8 dwelling units.
Restaurants, bars and taverns: One (1) space for each three (3) seats but in no case fess than one
(1 j space per twa hundred (2D0) square feet of gross floor space.
Retail stores sho s and services: One (1) s~ace for each two hundred ~200) square feet of gross
floor area.
Schoals: Business, pro#essional and trade schools: One (1) parking space for each classroom or
office pfus one (1} space for each fn+e (5) students attending classes on the premises at any time
d~ring any twenty-four-ho~ar period, but in no case less than one {1) space far each f~nro hundred
(2o0j square faet of gross floor area.
Schools: High_schools, colleqes and uni~ersities: One (1) parking space for each cfassroo~n or
office plus ane (1) space for each ten (~0} students attending classes on the premises at any time
during any twer~ty-four-hour period.
Hiah schooks: One (i) space for each twenty (20) st~dents ~nd one (i) space far each
~faculty member.
,7~nior calleaes, colleqes and_universities: One {1) space for eacF~ ten (10) students and
one (1) space for each faculty mEmber and emplayee.
Schools:_Nursery, elernenta~ and intermed~ate (public or prNate}: One (1) parking spacefor each
cfassroom ar office but in no case fess ihan tf~ree (3) spaces.
Elementary and ~t~nior high schools: One (1) space for each employee and each faculty
merr~ber.
^ Comprehensi~e Zoning ~rciinance ^
Re~ised by Ord. 3~64
IV-4
~ Chapter 24 of ~he Butte County Code ^
Stadiums, ar~nas, auditoriums_(other than church. colleqP or institutional auditoriurns),_con~ention
I~alls dance halls exhibition halls skatin rinks and other similar laces of assembl : One (1)
parking space for each four (4) seats or one (1} space per ihirry iwo (32) square feet of usable
seating area, whiche~er is greater.
"Cheat~rs: One (t ) parking space for each four (4) seats or one (1) space per thirty iwo (32) square
feet qf usable seating area, whichever is greater.
Warehausinct and whoiesalinc~ establishments in ind~s#ria! zones anly: One (1) space for each three
(3) emplpyees on the maximum shifk or one (1) space for eaci~ two thousand (2,000) sc~uare f~et
of floor area, whichever is greater.
C. Size and Access:
Corn act Car Pa~kin :
Far parking {o#s containing ~le~en {11) or rnore ~arking spaces forry (4i)%) pereent rrtay be campact
spaces.
Aii off-street parking facilities shail be designed and laid aut in accordance with #he following
minimum requirernents:
i. Cornpact spaces shaf! E~e seven and a half (7 t/2) feet E~y sixteen (1 fi) feet except when
located alpngside a structure, ~ale, post, wall, or fence, in which case a nine {9) foot width
is required.
2. Compact car spaces s~all be grouped together i~ logical blpckS, equally distributed
throughout a parking lot, and shall be clearly mariCed "Compact Cars Only".
3. The arranger~-~ent of standard and compact spaces shall be appro~ed by the Directar of
Develapment Services.
~4. Any aisle that provides primary access to a huilding shall Eae a minimu~n of sixteen (1 fi) feet
wide.
^ Comprehensi~e Zoning Ordirtance ^
Revised by Orci. 3164
IV-5
~ Chapter 24 of the Butte County Code ^
VEHICLE FARI~NG
(8EE N07.'E 1)
~
c86E NOTE 33
90 De~ree Park[ng
~ ,
~ (51~5 NOTE ~ (SEE i10'l~ I) ~
~ ~ I
I ~
I ~
~ ~ 1
1 ~
~ ~ IF 16'
,~-xs° ~
I ~
I ~
1 ~
(3EL NOTE 1l ~
( NOTE 1)
3 Ji
~lS Degree Pa~r~ing
NOte 1:
1
i
I
I
I
I
i
I
~~-14'
I
[
60 Degree Parking
{gEE IQ4TE 1)
Parallel Par~tng
~
l
I
~ i~
i
I
I
m ~
~ f
f
1F 14'
~
30 Degrea Par~dL~g
VEHICLE Mi~a.. Lot Size Parking width *~^~~nim~, alongside a structvre, wall, past, pale ox fence
COMPACT 7.5' ~ 16' 9' minimum
STANDAR,D 9' ~ `ZO' 10' minimuuxa
Tur~.it3g Raclir~s shall be a mix~.i,m.um of l~a' on. inside radius
Any aisle that providea pr'r_mary accee~ to a building shall be a m~n~mum
~iateen (16) feet wide.
Compact car spaces shall be grouped together in logical blocl~,s, equally dis~ribu~ed
throughaut a parl~ng lat, and be clearly maxked "Cnmpact Cars Only".
~r Comprehensive Zoning Ordinance ^
f
!
~ ~
(SEE N' t) ~
~ `
~E
I
~ ~E-12'
(SSE NOR'E 1} ~
1
Revisec[ by Ord. 3164
~V-~
^ Chapter 24 of the Butte County Code ^
S~C'~[ON 24240.10 OFF-STREET PARKING - ~~V~LOPMENT STANDARDS
~he following develapment stanc€arris shall apply to a0 oif s#reet Parking lots within the unlncorporated area
af Butte Caunty.
A. Surfacinq: Mir~imum requirement, dust palliative treat~ent.
B. Road Access and Drainaae: Road access and drainage for all parking facilities shall be per
requirements of the department of public works.
C. Li_ qhtinq: Any lighting used ta iliuminate off-street parking areas shaif be directed and maintain~i
so as r~at to intertere with persans using ar~y Ptablic street or improvement or to unnecessarily
interfere with the use and enjoyment of properry o# any person.
~. Sians: ~irectiona! signs are permitted on parking areas.
E. Screeninq and Landscat~inq: All open automabile par~ing areas that cantain more than four {4}
park~ng spaces and which abut upon a~ublic street right-of-way shall provide fandscaping to a
depth of at least ten (10) feet of said street right-af-way wi~h openings for wallcway or drive purpases
in accardance w~th County standards. An additiortal fi~e (5) percent of the gross lat area shall be
de~oteci to fanclscaping. Each planter area sfiall be surrounded with a six-ir~ch raised concrete
c[~rbing or equi~alent. An irrigation system shalk E~e installed in each separate planter area.
F. Fe,~ neinq: A solid fence at least s~x (6) feet in height shail be required on af~ common property lines
when any parking facility is established abutting residentialiy zoned properry.
G. Walkwav: A walkway, i~ provided adjacent to a building and parking stalls, shaf! be at leasi fo~r (4)
feet in width.
H. R~pair and Service: No commerciaf motor vehicle repair work of any kind shall be permitted within
any required off-street parking area. The sale of gasofine, motor oi! or any other merchandise is
also prahib~ted within any required ofF-street parking area.
Lacation of Accessa Off-Street Parkin F cilities: 7he location of off-street ~arki~g and garage
spaces si~all be located on the sarrie lot ar parcel as the use served except as otherwESe pro~ided
in this ordinance.
Existin Parkin a€~d Loadin Facilities: Accessory off-street parking and loading facilities which are
located on the sarne !ot ar parce~ as the building or use served and which were i~ existence on the
efifect~ve date of this ordinance, or were pro~ided volun#arily after such effective date, shall not
hereafter be reduced below or if already less than shakE not further be reduced below the require-
ments of this ordinance fof a sirr~ilar new building or use.
K. Parkina Assessment District: Off-street parking facilities may be pro~ided collectively for alf
buildings, str~ctures or uses located within a parkir~g assessment dEStrict. 7he parking requirements
af this ordinance for properties within a~arking assessment district rr~ay be waived by the Planning
Commission.
L. Computation: When determination of the number o# of€-street parking spaces reguired by tF~is
ordina~c~ resuits in a requirement of a fractional space, any fraction of one-~al~ or less may be
disregarded while a fraction in excess of one-half shall be counted as one (1) parking space. Each
space shalf ~e individually accessible.
^ Compre~~nsive Zoning Ordinance ^
Revised by Ord. 3164
1V - 7
^ Chapter 24 of the Butte County Code ^
M. Permissive Parkin,~ Loadinc~ Facilities: Nothing in this ordinance shall pre~ent the ~olu~tary
establishment of o#f-street parking or loading facilities in exoess of the requiremer~ts of this
ordi~ance to serve any existing use of land ar buildings, pro~idecl that all regulations herein
governing ihe lacation, size and access design, impro~emerrt and operation of such facilities are
adhered to.
N. Use ofParking_and Garage Facilities: Off-street parking and garage facilities servicing a residentiaf
use and developed in any residential district in accordance with the requir~ments of this Section
shall be used for the storage of ~ehicles owned by occupants of the dwelling structure to which the
facilities are accessory or by guests of such occupants. Under r~o circumstances shall be required
parking and garage facilities servicing a rESidential structure ~e used for storage of ~ehicles or fnr
#fi~e Parking of automobiles belonging ta employees, customers of business or manufac#~ring
esta~l ishments.
0. Maed Uses: When two (2) ar rr~ore uses are located on the sarne zoning plat or within the sarr~e
building, park~ng spaces equal ir~ n~mber to the sum of the separate require~ents for each such
use as required [~y the subject zoning district shali be required. Na parking space or porti~n thereaf
shall serve as req~ired space for more than one (f ) use.
P. Handica ed Persans Parkin : Off-street parking for handicapped persons shall be pravided in
accordance with the recornmendations of the affice of state architecture reg~latior~s as follows:
N~mber of
Parking Spaces
Provided
1 parking s~aace for handicapped persons (so delineated)
plus 1 for e~ery additional 40 parking s~aces or
fraction thereof . . . . . . . . . . . . . . . . . . . . . 0-100
4 parking spaces for handicapped persons so identifiied
plus 7 for every additional 80 parking s~aces or
fractiQn thereof . . . . . . . . . . . . . . . . . . . . . 101-200
5 parking spaces for handicapped persons pfus 1 for each
1Q0 additional parking spaces or fraction thereof .... 201-500
7 parking spaces for hanciicapped persons pfus 1 for e~ery
2A0 additional parkEng spaces or fraction therepf .... O~er 500
Q. Other Uses: For uses not speci~ically 19sted in this ariicle, parking spaces shall be pra~ided on the
same basis as required fpr the most similar listed use, as determined by the Direcior a#
Deveiopment Services.
In the event that public transportation, park-and-ride lats or ~an-poaling is avaifable, off-street
parking requirements rr~ay be r~-EOdified to lesser standards if approrred by the Director of
De~elopment Ser~ices, the Director of Developrnent Services's determination to be appealable within
ten (10) days to the ~lanning Commission.
^ ComprehensNe Zoning Ordinance ^
Revised by Ord. 3764
IV-8
~ Chapter 24 of the But~e County Cvde ^
SECTiON 24245 APPLICABILITY TO SUBSURFACE MINERAL RIGHTS
The pro~isians of this chapt~r are not intended to act or be construed as to impair, interFere, repeal,
extinguish or terrr~inate any minerai right more than 100 feet befow the surface regardless of the zone w~hin
which sucf~ subsurface mineral right exists. SubsurFace mining in conjunctio~ with any such subsurface
mineral right shall be perrnitted regardless of the zone in which it is locateci. ~rovided, however, that ihe
surFace wark, entrance, and other surface acti~it~es incident ta an underground mine shall be subject to the
provisions of this chapter lncluding but not limited to the requirements of the Surface Mining ar~d
Reclamation Act nf 1975 as implemented by the County afi Butte throug~ ordinance and policy.
r~ Compreher~snre Zoning Ordinance ^
Revised by Ord. 3164
IV-9
^ Chapter 24 of the Butte County Code ~
ARTICLE V
SPECIFIC USE REQUIREMENTS
SECTION 24250 ADULT ENT~RTAlNMENT
It is the intention nf ihe Board af Supervisars of t~e County of Butte in the adoptian of Sections 24-25D
through 24-25~.20 to rely upon ths opinion of the United States Supreme Court ir~ the case of Youna ~s.
American Mini Theaters, 427' U.S. 50 (1976}, upholding #he application of zoning faws to the locatians of
"adult enterkainment businesses" as that term is defined therein, ta promote the County of BuEte's great
interest in protecting and preserving ihe quality of its neighborhnods, cornmercial dis#ricts and the c~taality
of urban life through effective land use planning. Nothing herein is intencfed to authorize, fegalize ar perrnit
the establishrnent, operation or maintenance of any business, building or use which ~ioEates any city or
County ordinance or statute of the State of California regarding public nu~sances, sexual conduct, fewdness,
assignation, prastitution or obscene or harrr~ful matter; nar shall the use of such language be interpreted to
legalize tF~e types of businesses which, from tirr~e immemorial, have been regarded as per se maral public
nuisances. 7he Board of Supervisorsfinds that adu[t er~tertainment businesses, because oftheir~ery nature,
are recognized as f~aving objectionable operationa! characteristics, partic~larly when several of them are
concentrated under certain c9rcumstances, thereby having a defeterious eifect upon the acijacent areas.
Speciaf regulatian of these businesses is necessary to ensure that these ad~erse effects will not contribute
to the bligh#ing or downgrading of the surrounding neighborhoods. The primary purpase of the regulatian
Es to pre~ent the concentratia~ or clustering of these t~usinesses in any pne area.
Concerning the subject to regulatio~ of adult entertainment land uses, the #ollowing findings are made:
A. Areas within close walking distance of single- and multiple-family dwellings shauEd be free of adult
entertainment land uses.
B. Areas where normally children could be expected to walk, patronize or recreate should he free of
adult entertainment land uses.
C. Adult entertainment land uses should be locatecf in areas of the Coun#y which are not in close
proxirnity to residen#iai uses, churches, parks and other public facilities, and schqals.
D. Many parents have chosen the County of Butte in which to raise the€r farr~ilies heca~se of the lack
of pornographic entertainment outlets wi~h its influence upon children external to #he home.
E. Location of adult entertainment land uses on the main commercial thorougf~fares of the County
gives an ir,-~pression of legitimacy ta, and ca~ses a loss of sensitivity to the adverse effect of,
pornography upon children, estahlished famiiy relations, res~ect for marital refationships and forthe
sanctiry of rnarriage refations of others, ar~d the concept of nonaggressive consensual sexual refa-
tions.
~'. Location of aduit ente~ta~nment land uses within neighborhoods and commercial areas of the County
of Butte is disrupting to yauth programs such as Boy Sco~s, Cub Scouts and Campfire Girls.
^ Comprehensi~e Zoning Ordinance ~
Revised by prd. 3164
V-1
~ Chapter 24 of the Butte Caunty Code ^
G. Location of adult entertainment Eand uses in c[ose proximityta res9dential ~tses, churches, parks and
other pub[ic facilities, and schaols will cause a degradation of the community siandards of marality.
Pornographic materiaf has a degrading effect upon the relationship between spo€~ses.
H. ~ocation of aduit entertainrnent land uses in areas of the County which are in clase proximity to
schools, and commercial areas patronized E~y siudents and young people, wi~l ~a~e a detrimental
effect upon the qualiry of education which the school district is providing for its st~de~#s.
There is a strong IikeEihooti that residents of the County of Butte and persons who are nonresidents
b~ use the Caunty ofi Butte for shopping and other comrr~ercial needs may move from the
comrrtunity or st~op elsewhere if adult enterEainment land uses are allowed to locate in close
proximity ta residentiaE uses, churcfies, parks and other ~u}~lic facilities, and schools.
Location of aduli entertainrnent lar~d ~ses in proximity to residential uses, churches, parks and othar
public facilities, and schoals may fead to increase~ ie~els of criminal actn+ities, including prostit~.~tian,
rape, incest and assaults in #he vicinity of such aduit entertainment land uses.
K. There is a strong iikelihood that location of adult entertainment land uses in clase proximity to
residentEal uses, churches, parks and other pubiic fac~lities, and schools will reduce retail trade to
commercial uses in the ~icir~ity, t~us reducing property ~alues and tax re~enues to the County.
Such ad~erse effect on property ~al~aes will cause the Ipss of some commercia! establishments
followed by a blighting eifect upon the commercial districts wi~hin the County, leading to further
deterioration ofi the commercial quality of the County.
L Experience in numerous areas, including Seattle and Tacoma, Washington, and Detroit, Michigan,
has shown that location af adult entertajnr~-cent land uses degrades the quafiry af the areas in which
they are located and causes a bfighting effect. The skid raw effect, which is e~ident in certain pa~ts
of Seattle and ather c~les, could ha~e a similar effect upon the County of Butte.
M. Location of adult entertainment land uses w~hin walking distance of churches and other religi~us
facilities will ha~e an adverse effect upon the ministry of s~ch churches and will discourage
attendance at such c~urches by the proximity of adult entertainment land uses.
N. A reasonabie regulatio~ o~ the locatior~ afi adult entertainrnent land uses will provide for the
proteciior~ of the image of the community ar~d its p~aperry ~alues, and protect the residents of the
community from the ad~erse effects of s~cf~ adult entertainment land uses, whi{e providing to those
who desire to patronize adult entertainment land uses such an opportunity in areas within the
Counry which are appropriate for locations of adult entertainrrEent land uses.
O. T~e in~tial location of adult entertainment land uses could lead to the location of additional and
similar uses within the same vicinity, thus rnultiplying the adverse i~mpact of the initial location of
adult entertainment land ~ses upon the residential churches, parks and other public facilities, and
schopls, and the impact u~on the irnage and quality of the character of the community.
SECTION 24250.10 REGULATION OF LOCATION
In tE~ose land use districts adult entertainmen# businesses are perrr~itted in areas zoned C-1, C-2, GC, H-C,
and N-C, sut~ject to securing a lJse Perm~t. It shall be unlawful to establish any such aduEt entertainment
business if the location is:
A. Within se~en hundrec] fifty (75fl) feet of any area zoned for res~dential use; ar
^ Cornprehensi~e Zoning Ordinance ^
Re~ised by Ord. 31fi4
V-2
^ Chapter 24 of the Butte Cou~ty Code ^
B. Within se~en hundred fifty (750) feet of any other adult entertainrnent business; or
C. Within seven hundred fifty (T50) feet of any public or private school, park, playground, public
building, church, any noncornmercial esiablishrnent operated by a religious organization recognizeci
by Internal Revenue Service, or any facifiry established prfmarily for minors. 'ff~e estaE~lishment of
any adult entertainment b~siness shall include the opening of such a busir~ess as a new business,
the relocation of such business, or the con~ersion of an existing ~usiness location to any adult
entertainment business use.
p. Si ns: Lacation shall b~ limited to flat building or premises.
SECTION 24250.15 SEVERABlLITY
If any pro~ision or clause of this chapter or ths applicatian thareofi to any person or circumstance is held
to be unconstitutiqnal or otherwise invalid by any court of campetent jurisdiction, such invalidity shall not
a~fect other pro~isions or clauses or a~plication of this c~apter which can be implernented without t~e invalid
pro~ision, clauses ar applicatian; and to this end, the provisions and clauses of this chapter are declared
to be se~erable.
SECTION 24250.20 AMORTIZATION
A!I adult enterka9nment bus9nesses and/or ac#i~ities which become subject to the pro~isions of th9s chapter,
and which da not meet the locat9ori requirements of this chapter, s~a!! cease aperation within three (3) years
following receipt of a written notice from the Planning Commission to the owner of the prerriises, pravided
that such act~vities rrtay be aiiowed to continue for an additional period upon the granting of an exception
by the Planning Commission upan the finding that tF~e activity is obligated by ~irtue of a written lease en#ered
into before the effectNe date of this chapter, for a p~riod exceeding three {3) years frorn such effective date
of this chapter, or that tF~e acti~ity invofves in~estmerrt of monay in leasehald or irr~pro~ements, of such sum
that a longe~ period is necessary to pre~ent undue financial hardship.
SECTION 24255 ANIMAL MAfNTENANCE; PURPQSE AND INTENT
1# is the in#ent of the following animal maintenance regulations (Section 24-255 thrpugh 24-255.15, inclusNe)
tq aAaw persons to keep and main#ain livestock at #~eir private residences in a manner which will be
consister~t with the pro~isions of Ar~icle EV, Chapter 4, Section 21 of the Butte County Code (Anir~als at
L.arge Prohib~ted) and which will protect the haalth, safery, and welfare of nearby residents. If any person
within the Cou~ty mairitains an anirrtal in violation of these regulations, he or she shall be subject to
nuisance abateEnent procedures ar~d/or zoning ~iolation procedures o# the Gounty of Butte.
SECTION 24255.10 ANIMAL MAINTENANC~ REQLlIREMEN7S
A. Area Reauirements.
On all parcels of property which are five (5) acres or larger anci are within zoning districts that allow li~estock
there s~all be no area requirements for animals. Howe~er, on all parcels of property which are less than
f~-e {5) acres in size and are within zoning districts that alfow livestock, the following area, allotted
exclt~sively to each type of animal, shall be requireci for each ar~imai kept on the prernises:
^ Comprehensi~~ Zoning Drdinanca ^
Revised by Ord. 3164
V-3
^ Chapter 24 of the Butte County Code ~+
1. ~quine. Bovine and Swine Area I~eq~airements. ~or each equine, bovine or swine over one
(1) year of age, ten thousand (10,000) square feet; pro~ided, hpwever, that i~ there is a
resideni9al use estabfished on the parcel, eight thousand one hundred twenty five (8,125)
square feet shall be required for such residential use and ten thousar~d (10,Op0) adciitional
square feet shall be required for each such anirnaf.
2. Shee and Goat Area Re uirements. For each sheep or goat o~er one (1) year of age,
three thousand (3,E}DO) square feet; provided, however, that if thera is a residentia! use
establEShed on t{~e parcei, eight thousand one hundred twenty-fi~e (8,125) squar~ feet s~all
be req~ired for such residential use and three tho~asand (3,OOd} additional square feet shall
be required for each such anima{.
3. Area Requirements for ~ach Animal. The sc~uare foot reqUirements of subsections (~} and
2. abo~e are for each anirrtals. When two or more animals are iocated on the sar~e parcel,
the sum of the required square footage per animak shall be required.
4. Exatic Animal__Requirements._ Exotic Animals, incl~tding, b~t nat limited to, Ilamas and
camels, shall be regulated under Subsection (1} above.
5. Ed~ca#ional Project Exemption. Terr~porary sducatianal projects, including, but not limited
to FFA, 4-H and school projects, conducted by st~dents through the 12t~ grade and under
the direct supervision of a q~alified, responsible adult ad~isor or instructor, shall be exempt
from the requirements of subsections 7., 2., 3., and 4. abo~e. Hawe~er, no rriore than a
total of four (4) equine, bo~ine, swine, sheep, goats, and exotic animals o~er one year of
age shall be kept pursuant to this subsection 5..
B. Use Permits .Required for Mare Inte~se or Commercial Uses: On all parcels of property within
Zoning Districts that allow li~estock ar~d are iess than five (5) acres, a conditiot~al Use Permit shall
be required for:
The keeping of such animals (horses, cattle, swine shEep, and goats) at greater densities
thar~ allowed pursuant to subsections 1. and 2. abo~e.
2. The ke~ping of such anirrta[s, poultry and rabbits, far the purpase of sale of said animals
or their products on a cantinuir~g basis.
3. Feed yards and hag farms.
On al~ parcefs regardless of size, a Use Perrnit shall required for the fallowing uses:
Boardir~g or riding stables.
C. Penalties
Violations of this section may be charged as either an infraction or misdemeanor.
S~CTION 24255.15 HEALTH AND SAF~TY
Animals shall be kept in a clean and sanitary condition and in a manner that rloes not become a p~blic
nuisance. U~on witnessing any ~iofation of this Sectior~, Butte Cpunty Code Enforcement Officers shall
coordinate w~th the appropriate responsi~le agency.
^ Comprehensi~e Zoning Ordinance ^
Revised by Ord. 31fi4
V-4
~ Chapte r 24 of the Butte County Code ^
SECTION 24260 CAMPiNG LIMITATIONS AND PROHIBITIQNS
A. No person shall place or park or allaw the Placing or parki~g of any trailer coach, recreation ~ehicle,
tent trailer or terrt or otherwise occupy nr allnw the occupancy of any parcel {as definecl ir~ Section
24-305.310} ~or t~e purpose of camping (as defined in Section 24-305.095) on pu~lic ar pr~vate
pro~erry wi~hin the County for a period i~ excess of 9 days in any one calendar year, except in an
outdoor recreational facility, camp ground, recreation vehicle park, or hunting/fishir~g camp, lawfully
established and maintained p~arsuant to this Chapter.
B. No person or persons shall place or park on any parcel (as define[l in Section 24ry3Q5.314), at the
same tirr~e, more than a cornbined total of two trailer coaches, recreatian vehicles, tent traiiers, or
tents, for the purpose of camping (as defined 9n Section 24-305.a95), except in an outdoor
recreational facility, car~p graund, recreation ~ehicle park, ar hunting/fishing camp, lawfully
es#ablished and rnaintained pursuant to this Chapter.
C. No more than two families, as defined in Section 24-305.14p, shall occupy any parcel (as defined
in Seciion 24-305.31q), at the same tirne, for the purpose of campi~g (as defined in Section 24-
305.095), except in an o~.itdoor recreationa! facility, camp ground, recreation vehicle park, or
hunting/fishing camp, lawfully established and maintained pursuant to this Chapter.
D. Penalties: Violatians of this sec#ion may be charged as either an infraction ar misdemeanor.
SECTION 2~1-2&5 DAY CARE FACILITI~S
A. Purpose and Intent: Q~aliry, affordabfe, convenient~y located, licensed child care is essential to the
well being of the cikizens of Butte Caunty. The purpose pf ihis Cade Sectian is to facifi~ate the
establishment of licensed family day care facilitiES in a rnanner which sirnpli~ies #he review process
while ertsuring conformaRCe wi~h applicab~e standards to protect residential neighbarhoods.
B. I]efinitions:
Small Fami1 Da Care - A residential day care facility for six (6) or fewer chiEdren, as
defined in Chapter 3.4, ArEicle I, Section 1598.79 of #he California Healih and Safety Code,
Child Care Act.
2. Larae Familv Da~ Care - A residential day care fac9lity for se~en (7) to twel~e (12) chi~dren,
as defined in Chapter 3.4, Article I, Section 1596.79 of the Cal'rfornia Heaith and Safety
Code, Child Care Act.
C. Allowed uses: Sr~all Family day care facilities shall be permitCed in all zones that allow a sir~gle
family residential use subject ta the permitting requirements of each zone.
D. Minor Use Permit required:_ Large Family day care facilities shall be an allowed use in all zones that
allow a single family residential use, subject to obtaining a Minor Use Perrnit pursuant to Section-
24-41 of the Butte County Code.
E. Standards_and_con iti n: k..arge FaEnily day care facilities allawed by Minor Use Permit shail meet
aEf of the following minimum standards and conditions:
^ Comprehensi~e Zoning Ordinance ^
Reviseci by Ord. 3164
V-5
^ Chapter 24 of the Butte County Code ^
1. The facility is a single family residence that is the ~rincipal residence of the provider and
ths ~ase is clearly 9ncidentaf and secondary to the use of the properry for residentfal
purposes.
2. Praperties proposed for Large ~am1y day care sh~ll [~e located at ieast 500 feet drirring
distance frorr~ any o#her Large Famiiy day care properry and the granting of t~e perrnit shall
not result in any residence being bounded on more ihan one side by a Large Famify day
care.
Large Family day care homes shall meei the foflowing trafific controf ineasures:
(a) In addition to pro~iding the requirecf number of parking spaces for the residential
use, ane off-street parking space for each empiayee of the facility and one off-street
parking space/loading area shall be provic~eti. The dri~eway area may be used to
meet tf~is requirement.
(b} Large Family cfay care homES located an principal or minor arterial roads as
designated bythe General Plan Circulation Element shall pro~ide drop-o#f and pick-
up areas which prevent vehicles from backing onto such roads.
(c) Properties proposed for Large Family day care homes shall ha~e frontag~ on and
access af~ a pa~ed road. ~ioads that are constructed for the purpose of ineetir~g
this requirement shall meet the RS-4C standard as cor~tained in the Butte Gounty
Improvement Standards contained in Chapter 20 of the Butte County Code.
4. One sign, not to exceeci 3 square feet, shall be alfowed.
5. 1"i~e Large Family day care home s~all foe licensed by the California Department of Sacial
Services, Cor~munity Care Licensing.
6. Meet all State Fire Marshall regula#ions pe~taining to l.arge Farnily day care facilities.
7. Tf~e applicant must meet all other appficable Gounty and State ordinances, statutes, and
regulations.
8. Facil~ties not rr~eeting the above standards sha~l require a Conditianal Use Permitto aperate.
SECTION 24270 HOME OCCUPATIONS
Permitted Uses: The ~ollowing uses shall pertain to all zones that allow a residentia~ use subject to
an Administrative Permit pursuant to Section 24-40:
A. Sale of agriculturaf goods produceci on the premises.
B. lndoor dESplay and sale of a~ts and crafts goods products on the premises, ~ncluding
potkery, jewefry, paintings, sculpture, f€~rn~ture, photographs, leatherworfca~d similar objects.
C. Profes5ional offices and services.
D. Offices and ser~ices aonducted primarily by mail or telephane.
^ Comprehensi~e Zon9ng ~rdinance ^
Re~ised by O~d. 3164
V-6
^ Chapter 24 of the Butte County Co~e ^
E. ~omestic services, including laundry, iraning, sew€ng and similar uses.
F. Other services conducted within a residential dwelling.
2.. The following uses shall be prahib~ted as a home occu~ation:
A. Auto repair, auto sales, auto dismantling.
B. On-sale of af~-sale alcohol sales.
3. SfaRdards: Notwit~standing any provision to the contrary in this c~apter, home occupations as
defined in Sectian 24-305.195 are allowed in a!1 zones which aflow dwellings and mobile homes
subject to the following cor~ditions:
A. Emp~oymeni and work on home nccupations shall be fimited to members of the family
residing on the premises and shall be conducted eniirely within their dwelling and auxiiiary
buildings, except for agricuitural uses.
B. On-premises ad~ertising for home accupations shall be limited to one (1) €~nlighted sign
wi~h not more than three (3) square feet of display area, and such sign shafl not be located
in any required yard.
(c) All equipment, r~taterials and wastes connected with home occupations shall be contained
wi~hin a building, except for agricultural products.
4. Standards in the FR zones: In exception to the abo~e standards the fallowing shall apply ta all FR
zanes as listed in Section 24-110:
A. Hame occupatians are considered to foe accessory to the resident~al use and are permitted
only when the praprietor resides an the premises.
(E~) Not more ihan one (1) employee or assistant may be engagEd for work or service on the
premises in cannectian with such uses.
(~) Adver~9sing displays shaf~ be lirn~ed ta one (1} unlighted sign of not more than six (6)
square fieet of display area. Such sign shall not be located in any required yard.
4. Use Permit Rec~uired
fn cases where home occupations are objectionab[e or becorne objectionable, because of noise,
odor, smoke, dus#, bright light, ~ibration, pollution, tra~fic congestion, unsafe access or ihe handling
of explosives or dangerous materials, a Use Permit shall be required.
5ECTION 24275 RECYCLING FACILlTIES
A. Permits Required. No person shaEi permit #he placement, construciion or operation of any recycling
facility withou# first abtaining a permit pursuant to the prov~sians set forth in this Section. Recycfing
facilities may be permitted as set forth ~n the foflowing table.
^ ComprehensNe Zoning Ordinance ^
Revised by Ord. 3164
U - 7
^ Chapter 24 of the Butte County Code ^
Type of Facility Zones ~errnitted Permik Requifed
Reverse Vending Alf Comrr~ercial Administrative
Machine
All Indus#rial
Perrnitted
Small Collec#ion All Commercial Administrati~e
All lndustrial Permitted
~arge Collection Light Corr~mercial Conditional Use
Other Comrr~ercial Site ~e~elopment
Industrial Site Deve[opment
Light Processing General Cornmercial Cond~tional Use
All Industrial Cor~ditional Use
Heavy Processing Light lndustrial Conditionaf tJse
Mea~y Industria! Site Development
In addition to the Perm~ts described in the abo~e table a reverse ~ending rnachine(s) or a small
collection facifity may also be allowed in s~ec~al zones wh9ch allow uses permitted in commercial
nr industrial zones w~th an aciministra#i~e or site develppment permit subject to tf~e fee set by
resolution of the Board of Supervisors.
B. P~rmits for M~tltiple Sites. A single AciministratNe Permit may be granted to aifow rnore than one
re~erse vending r~achine(s} or small collection facility located on different sites under the following
conditions:
The operator of each of #he praposed facilities is the same.
2. '~he proposed faciiities are determined by the Director of De~eloprr~ent Ser~ices to be
similar in nat~tre, size and intensity of acti~iiy; and
3. All of the applieable criteria and standards set forth in Section B. are met #or each such
proposed facility.
C. Griteria and Standards. Those recycEing facilities permitted with an Adminis#rative Pert~r~it shall meet
all of the applicable criteria and standards listed. Those recycling facilities permitted with a Use
Permit or site de~elopment permit shall meet the appficable criteria and standards, provicfed that
the ~irectar nf Development Services, Planning Cornmission or Baard of Supervisors, as the case
rrtay be, may relax such standards or impose stricter standards as an exercise of discretion upon
a finding #hat such modifications are reasona~ly necessary in order to implemer~# the geReral inter~t
nf this Section and the purposes of this Cade.
The criteria and standards for recycling facilities ara as #oifows:
Re~erse Vending Machinels~. ReversE vending machine(s) located w~thin a commercial
structure do not require discretionary perrr~~ts. Reverse ~ending machinesdo not require
^ Comprehensi~e ~onir~g Ordinance ^
Revised by Ord. 3164
V-8
^ Chapter 24 of t~e Butte County Code ~
additional parking spaces for recycling c~stomers and may be perrrtittecl in all eornmercia!
and industria! zones w~i}~ an adrr~inistratnre Use PErmit pro~ided that they comply with the
fnllowing standards:
a. Shall be established in cnnjunction wi~h a commercial use or community service
facility which is in compiiance with the zoning, building and fire Codes of the
County of Butte.
b. Shall be located within 30 feet of the entrance to the commercfaf structure and shall
not obstruct pedestrian ar vehicular circulation.
c. Shall not occupy parking spaces required by the primary use.
d. Shall qccupy ~o more than 5fl square feet of floor space per in5tallation, including
any protective enclosure, and shall be no more tFtan eight (8) feet in height.
e. Sha!! ~e constructed and mair~tafned with dt~rable waterprao# and rustproof
material.
5haff f~e clearly marked to identify the type of rnaterial to be depas~ted, operating
instructions, and t~e identiry and phone number of the operator or responsible
person ta call if the machine is inoperati~e.
g. Shall have a sign area ar a rr~axirnum of four (4) square feet per machine, exclusi~e
of operating ins#ructions.
h. ShaE[ be maintained in a clean, litter-free condition on a daily basis.
Operati~g hours shal! ~e at least tF~e q~era#ing hpurs of the ~ost use.
Shaif be illuminated to ensure comfortable and safe operation if operating hours are
betwe~n dusk and dawn.
2. Small Collection Facilities. Small callection facilities may be sited in commercial and
industrial zones with an administrative permit provided they compiy with the following
canditians:
a. Shall be estabfished in conjunction with an existing corr~rnercial ~se or cammun~y
service facility which is in compliance wi~h the zoning, building and fire Codes of
the County af Butte.
b. Shalf be no larger than 500 square feet and occupy na mare than fi~e {6) parkir~g
spaces not incl~ding space that wi[[ be periodically r~eeded for removal of materiaEs
or exchange of containers.
c. Sha11 be set back at least ten (1~} feet frorrz any right-o#-way line and shaU not
obstruct pedestrian or vehicular circulation.
d. Shail accept oniy glass, metals, plastic containers, ~apers and reusable items.
Used rnotor oil may he accepted with perrnission of the local puhlic health official.
^ Comprehensive Zoning Ordir~ance ^
Revised by Ord. 3164
V - ~
^ Chapter 24 of the Butte Ca~nty Code ^
e. Shall use no power-driven processing equiprnent except for re~erse vending
machines.
Shall ~ase containers that are constructed and rnaintained with durable wa#erproof
and rustproof material, co~ered when si~e is not attended, sec€~red from
unauthorized entry or rerno~al ofi material, aRd shall ~e of a capacity sufficient to
accorrimadate materEals cokfected and coll~ction scheduEe.
g. Shall store all recyclable material in containers or in the mobile unit ~ehicle, and
shall not leave materials outside of containers when attendant is not present.
h. Shal! be maintairted free of litter and any other undesirabie rnaterials, and mobjle
facilities, at which truck or containers are removed at the end of each collection
day, sF~a11 be swept at the end of each collection cfay.
Shafl not exceed noise le~els of 6{) dB as measured at the property line of
residentially zoned or pccupied pro~erry, otherwise shall not exceed 70 dB.
Attended facilities located within ~OD feet of a property zoned or accupiec! for
resic~ential use shall o~erate only during tE~e haurs between 9:Oa a.m. and 7:00
p. rrt..
k. Containers for t~e 24-ho~r donation of rrtaterials shall be at least 3Q feet frorn any
praperty zoned or occupied for residential ~se unless there is a r e c o g n i z e d
service corridor and acoustical shielding between the containers anc4 the residential
use.
Containers shall ~e ciearly marked ~o identify the type of material which may be
deposited; the faciliry shall be cfearly marked to identify #he name and felephone
number of th~ facility operator and the hours of aperation, and display a notice
stating that no materia! shall he leit outsidE the recyc[ing enclosure or containers.
m. Signs may be prn~ided as follows:
1. Recycling facilities may have identification signs with a maxim~m af 20
percent per side or ~6 square fee~, whiche~er is larger, in addition to
informational signs required in Section 2(Ij; in the case of a wheefed
facility, the side will be measured from the pavement to #he top nf the
container.
2. Signs must be corosistent with the character of the locatior~.
3. Directional si~ns, bearing no advertising message, may be ir~s~alled with
the appro~al of the Director of Develapment Services if necessary to
facilitate traffic circula#ion, or ~ the facility is not visible from the public
right-of-way.
4. 7he Director of De~elopment Services or designated staff representativE
may authorize increases in the number and size of signs upon finding that
it is compatible with adjacent b~sinesses.
^ Comprehensi~e Zoning Ordir~ance ^
Fievised by Ord. 3i64
V-10
^ Chapter 2~4 of the Butte County Code ~
n. The fiaciliry shall not irnpair the landscaping reqtaired by local ordinance5 fpr any
concurrent use by this chapter or any permit issued pursuant thereto.
o. No additipnal parking s~aces will be requirecl for customers of a small collection
facility focated at the established parking lot of a host ~se. One space will E~e
provided for the attendant, if neecled.
p. Mobile recycl€ng units shaf! ha~e an area clearly mariced to prnhibi~ other ~ehicular
parking during hours when the mobiEe unit is schecl~led to be present.
q. Occupation of parking spaces by the facil~y and by the attendant may not red~ce
a~ailabfe parking spaces beEow the minimum number required for the primary host
use unless al1 of the ~ollawing conditions exis#:
The facili#y is located in a convenience zone or a potential canvenience
zone as designated by the California Department of Conservation.
A parking study shows that existing parking capacity is not already fully
utilized during the time the recycfing facility wilf be on the site.
3. The perr~it wEll be recons~dered at the end of 18 months.
A reductior~ 9n available ~arking spaces in an established Parking faciliry may then
be allawed as follows:
For a commerciaf host use:
Nurr~ber of A~ailable Maximum
Parking Space~ Reduc#ion
a-2~ a
26-35 2
36-49 3
50-99 ~
i00+ 5
For a community facility ~ost use: A rr~aximum fi~e (5) spaces reduction will be
allow~ when not in conflict with parking needs of the host use.
If #he permit expires without renewal, the collection facility shall be remaved fror~
the site on the day fallowing permit expiration.
3. Laras Collection Facifi~ies. A large collection facility is one that is larger than 5Q0 squa~e
feet, or is on a separate properry not appurtenant to a host use, and which rrtay ha~e a
perrr~anent buildir~g. A large cofiection facility is permitted in r~eighborhood and Eight
commercial zoRes with a conditional Use Perrr~it and in other cammercial and industrial
zones with a site development permit, pro~ided the facility meets the foflowing standards:
a. ~acility does not abut a properry zoned or pfanned for residential use.
b. Facility will be scree~ed from the pu~lic right-o~-way hy operating in an enclosed
building or:
^ Compreher~sfve Zoning Ordinance ^
Revised by Ord. 3~54
V-11
^ Chapter 24 of the Butte Caunty Code ^
1. Wiihir~ an area enclosed by an opaq~e fence at least six (6) feet in heig~t
with landscaping.
2. At least 250 feet from properry zoned or planned #or residential ~ase; and
Meets all applicab~e noise standards in this ordinance.
c. SEtbacks and landscape requirements sha!! be tE~ose pro~ided for the zoning
district in which the facility is located.
d. AI! e~erior storage of rnaterial shall be baled, palietized ar in sturdy containers
which are co~ered, secured, and maintained in good condition. Storage containers
for flammable material shall be constructed of non-flammable material. Qil siorage
rnust he in containers appraved by the Buite County Fire Department and
En~ironrr~ental Healih ~'rvision. No storage, exciuding truck trailers and o~erseas
containers, will be visible above the height of the fencing.
e. Site shall be mainta9ned free of Iitter and any other undesirable materials, ar~d will
be cleaned of loose debris on a daily basis.
Space will be provided on site for si~c (6) vehicles or the anticipated peak customer
load, whiche~er is higher, to circulate and to depasit recyclable rnaterials, except
where the Director of Development Services determines that allowing averflow
traffic abo~e six {6) vef~icles is corr~patible wtth surrounding businesses and public
safety.
g. One (1) parking space will be pro~ided for each corr~~-nercial ~ehicle operated by
t~e recycling facility. Parking requirements will be as provided for in #he zone,
except that parking requirements for emplayees may be red€~ced when it can be
shown thai parking spaces are not necessary such as when employees are
transported in a company ~ehicle to a work facility.
h. Noise levefs shall not exceed 60 d6 as measured at the properry line of residentially
zoned praperty, or pthennrise shall not exceed 7q dB.
ff the faciliry is located within 500 feet of property zoned, pfanned or occupied for
residentEal use, it shall not ne in operation between 7:00 p.m. and 7:0p a.m..
Any containers pro~ided #or after-hours donation o# recyclable materials will be at
least 50 feet frorn any property zor~ed or occt~pied for residentia! use, shall be o#
sturdy, rustproof construction, shalE ha~e sufficient capacity #o accommodate
rrEaterials coklected, and shall be secure fram unauthorized entry or remo~af of
materials.
k. Donation areas will be kept free o# litter and any other undesirable material, and the
containers wilf be cleariy marked to identify the type of rr~ater~al that may be
depos~ted; facility shall display a notice stating tha# no rnaterial shall be left o~side
the recycling co~iainers.
Facility will be clearly marked with the name and phone number of the facility
operator and the hours of operation; identification and informaiianal signs wi[~ mee~
the standards of the zone; and direotionaf signs, bearing no adver#ising message,
+r Comprehensive Zoning Ordinance ^
Revised by Ord. 3164
V~12
~ Chapter 24 of the Butte County Code ~
may be installed with the approvaf of the Director of De~eEoprr~ent Services, 'rf
necessary, to facilitate traific circulatian or ~ the facility is not visible frorr3 the public
right-of-way.
rn. Power-driven processing, including aluminurn foil and can eompacting, bal€ng,
plastic shredding, ar other ~ight processing activities necessary for efficient
temporary storage and shipment of material, may be appro~ed t~rough a Use
Permit process or a# the disc~etion of the Director of Development Services i~
noise and other cond~tions are met.
4. Processin Facilities. A light processing facility is perr~~tted in heavy eommercial zones and
fight industrlal zones w~th a cor~ditional Use Perrnit. A large processor is permitted in ligh#
ind~sirial zones wi~h a conditional Use Perrnit. Alf processors are permitEed in heavy
incfustrial or manufacturing zones with a site de~elopment perrrEit or according ta the
practice of the County of Butte for similar uses.
A processor wilf ineet the following conditions:
a. Facility does nat abut a praperty zoned or plannec~ for residential use.
b. In a commercial or light industrial zone, processors will operate in a wholly
enclosed building except for incidental storage; or:
1. Within an area enclosed on aEl sides by ar~ opaque fence or wall not less
#han eight (8} feet in height and landscaped on all street frontages.
2. Located at least ~50 feet from properry zoned or planned far reside~#ial
use.
c. Power-driven processing shaEi be perrr~i~ed, provided all noise levef requirements
are met. Light processing facilities are lirr~~ed to baling, briquetting, crushing,
compactir~g, grinding, shredding and sarting of source-separated materials and re-
pairing of reusable materials.
d. A light processi~g facility shall be no [arger than 45,fl00 sc~uare feet and shall ha~e
no rnore than an average of twa (2) outbound truck shi~ments of materia{ per day
and may not shred, compact or bale ferrous me#a~s other than food and beverage
containers.
e. A processing faciliiy may accePt usecf motor oii for recyciing frorn the ge~erator in
accordance wit~ Section 25250.11 of t~e Cal'rfprnia Health and Safety Code.
Setbacks and landscaping requirements shall be those pro~ided for the zoning
district in which the facility is located.
g. A11 exterior storage of material shall be ~a1ed, palletized or in sturdy containers or
enclosures which are co~ereci, secured, and maintained in good condition. Storage
containers far flammable material shall be constructed of non-flammable materiaf.
Oik s#orage must be in containers approved by the Butte County Fire Department
and Environmental Health ~i~ision. No storage, excluding truck trai[ers and
overseas containers, wilf be vESible abo~e the height of the fencing.
~ ComprehEnsive Zoning Ordinanc~ ^
Revised by Ord. 3164
V-13
^ Chapter 24 of the Butte County Code ^
h. Site s~all be maintained free of litter and any other undesirab[e materia~s, and wiil
b~ cleaned of loose debris on a daily basis and will be secured from unautha~ized
entry and remo~af of materials when attendants are not pr~ser~t.
Space shall be pro~ided on s~te for the anticipatec~ peak load of custorners to
circuEate, park and deposit recyclable rr~aterials. If the facility is open ta the public,
space wi!! be provideci for a minirrzum of ten (10} customers or the peak load,
whiche~er is higher, except where the Director nf Development Services deterrr~ines
that allowing overflow tra#fic is compatible with st~rrounding b~sinesses and public
safery.
j. One {1) pariting space will ~e pro~ided for eac~ corr~mercial vefiicle operated by
the processing center. Parking requirements will otherwise be as mar~dated by the
zone in which the facility is located.
k. ~3oise le~els shall not exceed 6U d6 as measured at the property line of residentially
zoned ar occupiec~ properry, or otherwise sha~l not exceed 70 dB.
ff the facility is located within 500 feet of property zoned or planned for residential
use, it shall no# be in aperation be~-veen 7:OD p.m. aRd 7:00 a.m. 7'he facility will
be administered by on-site personne! during the hours the facility is open.
m. Any containers provideci for a~ter-hours donation ofi recyclable rrzaterials will be at
least 5fl feet #rorn any property zaned or occupied for residential use; shall be ofi
sturdy, rustpropf construction, shall have sttffioient capacity to accommodate
rr~aterials co~lected; and shall be secure from ~t~authorized entry or removal pf
materials.
n. Donation areas shall be kept free of [itter and ar~y other undesirable materia~. T~e
containers shall be clear~y marked to identify the type af material that may be
deposited. Facility shalf display a notice statir~g that no material shall be left ot.~-
s9de the recycling containers.
o. Sign requirements shall be those pravided for the zoning district in which the facility
is Incated. 1n addition, the faci[ity will be clearly marked with the name and phone
number of the facility operator and the ~ours of aperation.
p. No dust, fum~s, smake, ~ibration or odor abo~~ arnbient level may b~ detectable
on neighboring ~roperties.
SECTION 243280 SEC4ND UNITS
When a Secor~d Unit is allawed in a zone district subject to appficable permitting requiremerrts, the
requirements of this section shall apply.
A. Purpose and intent - The purpose and intent of this Section is #o pro~ide clear and concise
pro~isions for the location and construction nf secand dwelling units in cor~ormance with Sectior~
65852.2 et seq. of the Califamia Government Code, while preservi~g the c~aracter and integrity of
single family residentlal zones in the County and to conforrn to the policies of the Butte Courrty
General Plan.
~ ComprehensNe Zoning Ordinance ^
Revised by Qrd. 3164
V-14
^ Ghapter 24 ot the Butte County Cade ^
B. Standards and cond~ions:
Second Ur~~ts shall rneet ali of the foifowing conditions and standards:
The Second Unit rnay be attached to the primary residence or rnay be a separate, on site,
detached dwElling.
2. An attacheci Second Unit shall be architecturally compatible with the primary residence and
the appearance of the building shall be that of a single family dwelling.
Tt~e size of an attached Second lJnit shall not exceed 640 square feet or 30% of the size
of the primary dwelling, whichever is greater, in no case shall the Second Dwelling Unit
exceed i200 square feet. A detachecl Second EJnit shall not exceed 1200 square feet.
4. The parcel or lat upon which the Second llnit is to be located must meet the minimum
acreagE requirement for which the parcEl or lot is zoned.
5. ln adcfition to the off-s~reet ~arking required for the primary dwelling, one of# street parking
space shall be pro~ided for Second Units of 640 square feet or less; #wo add~tional off street
spaces shail be pravided for larger units.
6. An attached or detached garage or carPort with a rnaximum exterior d9mension pf ~2' by
20' is permitted for Second Units of 640 square feet or less. A garage or carport with a
maximurr~ exterior dir~ension of 20' by 24' is permitted for larger Second Units.
7. Adequate sewer and potable water facil~les shall be pro~ided as determined by the Butte
County ~nvironrnental Health Division.
8. A Second Un~t may not be placed on a parcel or lot where a temporary mobile home, in
accordance with Section 24-295 and 24-295.10, has been appro~ed or on a fot that has
rr~ore than 1 dwelling [~nit located upon it.
9. ~ither ihe exis#ing single farnily dwelling or the Second Unit shall be owner occupied.
Verffication af awnership shall be required prior to permit issuance and annually t~ereafter
by submittal of a declaration in a forrn specifiied by the Directior of De~elopment Sen-ices
of designee.
S~CTION 24285 SEGREGATION QF HOMESITES IN AGRICULTURAL ZON~S
A. Purpose and Intent. It is the purpose and i~tent of this sECtior~ to ailow the segregat9on of ane (1)
existing home in the agricultural zones providing i~at the proposec~ segregation meets certain
criteria as speci~ied in this Section.
B. In the agricultural zones (A-5 through A-160}, excluding parcels of f~ve (5) acres or smaller, the
subdi~isipn of property in arder to legally segregate one (1) F~ome (an existing primary residence)
frorr~ the rerr~aining farrnland may be allowed upon the appra~al and issuanee of a Use Permit by
the Planning Comr~ission. The appficatian for the Use Permit sf~all include a plan of development.
All existing dwellings and ott~er existing and/ar proposed structt~res shall be shown on the plan.
In addition, natural or man-made creeks, drains or canals sha~Id be shown. The Planning
Commission may grant such a permit only after finding, in addition to t~e findings required E~y
Section 24-45.10, that all the follawing canditions (1-7) are met:
^ Comprehensive Zoning Ordinance ^
~~~~~ »y ora. s~sa
V-15
^ Chapter 24 of the Butte County Code ^
The parcel ta be created is to allow an owner who, for a minimum of ten (1 D) continuaus
years immediately ~rio~ to application, has r~sided upon and farmed the subject property,
to retain the existing home and continue the remaining acreage in agricultural use.
2. The existfng parcel(s} shown on the plan together meet the parcel area requirerr~ents of the
zone. lf there are contiguo~s parcels under relatecE awnership only enough parcels must
be incl~ded in the plan to meet the acreage req€~9rements of the existing zone.
The proposed segregation will not reduce the capabilities for agricultural usa of the non-
horrie parcel and surroundi~g proPerties.
4. The proposed segregated parcel meets #he requirements of the County Heaith Division for
sewage dispasal and water supply.
5. The proposed segrega#ian is consistent with the policies af the Butte Co~nty General Plan
because of the co~enant required in Section 24-285D.
fi. The existing home parcel being segregated is not less than one (~ ) acre and not mare than
two (2} acres or the minimurr~ lot area allawed by the County Flealth ~ir~ision, whiche~er is
g reater.
C. Other S#andards and Requirement_s. Prior to the division being effectir~e, the owner or owners of the
Property included in the appro~ed de~eloprnent plan shall execute and cause to be recorded in the
office of t~e Recorder a co~enant binding upon the origirtal owners and their heirs, successors and
assigns, which disallaws aclditianal dwellings frorr~ being lacated on the agricultural property or the
agricultural property or the agricultural segregation parcel.
The Use Permit and ca~enant shail be in force for ten (~Q} years rr~inimum from the time
o# ~ecording of the cavenant at the Recorder's o~fice and will contin~ae until the applicant
applies for terrnination or partiak terrninatior~ #hereof. Applications for terrnination or partial
term~nation sha11 be considered in the same manner as applications for Use Permtts
pursuant to Sections 24-45 through 24-45.fi5 of t~e Butte County Code. '~he Planning
Gammission op#ions for aciian on such appfication are:
1. Terminate or partially terminate the co~enant and remove conditions frorr~ llse
Permit. Applications for termination or parCial terminatian to be accompanied by
the fee set by resalution of the Board of Supervisors to be depos~ted in the County
general fund, no part of which shall be returned to #he applicant.
2. Extend the co~er~ant for a Period not to exceed ten (10) years.
3. Considerthe area for change in designation from Orchard ant~ Field Crops, Grazir~g
and Qpen L.and, or Agricultural-ResidEntial ta a non-agricultural designation under
the Genera! Plan.
The Use Permit and covenant shali be in force for the agreed upon time unless the General Plan
is ainended and tF~e property in question is no longer designated agricultural. If thES shaufd occur,
the applicant may appfy for termination of ihe cavenant.
17. SpecEal No#es. lt shail be tl~e du~y of the seller or his agent to inform any possible buyer or his
agent of the existence of the co~enant and of its terms. TE~e covenant ShaEf he in a form appro~ed
by County Counsel.
^ Comprehensive Zoning Ordinance ~
Revised by Ord. 3164
V - 1fi
^ Chapter 24 of ihe Butte County Code ^
S~CTION 2429b SEGREGATION QF AGRICULTURA~ PROCESSING USES IN AGRICUL'FEJRAL
ZONES
A. Purpose and Inter~t. It is the purpose and intent of this ordinance to allow the segregation of
existing agricuitural processing uses in the agricultura! zones providi~g that the proposed
segregatian meets certain criteria as spec~fied in this article.
~. In the agricultural zones {A-5 thro~tgh A-160), exc~~di~g parcels of ten (~0) acres or smalEer, th~
sutxiivision of property in orderto legally segrEgate or~e (1) existing agriculturaf processing site may
be allowed ~por~ the appra~al and issuance af a Use Perrnit by the Pfanning Comrnissiqn. The
application for ihe Use Permit shall include a pfan of developrrtent. A!I existing dweflings anc~ other
existing and/or proposed s#ructures shall be shnwn on the plan. 1n addition, na#ural or man-made
creeks, drains ar canals should be shown. Th~ Planning Comrriission rnay grant such a perm~t only
after flnding, in addit9on to the findings required by Section 24-45.10, that all the fallowing cortd~tio~s
(1-6) are met:
The existing parcel(s) shown on the plan qf de~elopment tpgether are at least ~0 acres in
size or meet the parcel area requirements of tF~e zane, whichever is greater. If the parcel
does not meet the size requirement, additional contiguo~s parcels under the same or
refatect ownership must ~e included in th~ application until the acreage requirement is met.
2. The propased se~regatian wiil not raduce th~e capabilities for agric~ltural use of the r~on-
agricultural processir~g parcel~s) and surraur~ding properties.
3. The proposed parcels meet the requirements of the County Environmental Health Di~ision
#or sewage disposal and water suppfy.
4. The proposed segregation is consistent with the ~oficies of the Butte Couniy General Plan
because of the co~enant required in Section 2~-290D..
5. The agriculFural ~roces5ing parcek is no# Isss than one (1) acre and not more than five {5}
acres, or the minirr~~m lot area allowed by t~e County ~n~ironrnental Heaith Dir~ision,
whichever is greater.
C. Other Standards and Reauirements. Prior #o the division being e~fective, the owner or owners of
the property includeci in tf~e appro~ed de~elopment plan shall execute ancf cause to be recorded
in tE~e aftice of the Recorder, a covenant binding upon the original owners and their heirs,
successors and assig~s, which disallows additional buildir~gs from being focated on the agricuitural
parcel.
The EJse Perm~t and co~enant shall be in fprce for ten (10) years minimum from the #i~ne of
recording of the co~enant at the Recorder's o~tice and will continue until the applicani a~plies for
termir~ation or partial termination thereof. Applications for terrninatinn or partfaf termination shail be
considered in t~e same manner as applications for Use Permits pursuant to Sections 24-45 through
2~-45.65 of the Butte County Code. The Planning Cornmission optiorts for action on such
application are:
1. 1"errrlinate or partiaffy terrriinate the co~enant and rernove conditions from Use
Permit. A~plicatipns for termination or partial termination to be accompanied by
the fee set by resolution af the Board of Su~ervisars ta be deposited in the County
general fund, no part of which shalf be returned to tE~e applicant.
^ Comprehensive Zoning ~rdina~ce ^
Revised by Ord. 3164
V~17
~ Chapt~r 24 of the Butte County Cade ^
2. ~xtend the covenant for a period not to exceed ten (~ U} years.
3. Consider the area for a change in designation fram Orchard a~d FieEc~ Crops,
Grazing aRd Open Land, or Agricuituraf-Residential to a non-agricuftura! designation
under the General P~an.
The Use P~rm~t and cavenant shall be in force for the agreed upon tir~te unless the General Plan
amendeci and the properry in question is no Eonger designateti agriculturai. If this should accur, t~e
applicant may apply for termination of the covenant.
D. Special Notes. It shall be #he duty of the seller or F~is agent to inform any passible buyer or his
agent of the existence ofi the covenant and of its t~rms.
The co~enant shall ~e in a form approved by Gounty Counsel.
E. A!lowable Accessory Uses in 5eqregatEd Agricultural Processinq Sites
Agricultural processing plants, i.e. hullers, dryers, etc., where processing is done far owner's
crops and on cnnsignment.
2. Warehovsing and storage of agricuitural products.
3. processing of flammable substar~ces such as gasohof or methanof produced from
agric[altural prod~cts. (This use wilE require special perrrEits from the Fire Warden.)
SECT[ON 24295 TEMP~RARY MOBILE HDMES
A. Purpose and intent - The purpose and intent of this Section is to allow the temporary installation of
one single wide or dauble wide mobile home to facilitate the care o~ a person who E~y reason of old
age, disease (either mental or pt~ysical), infirmity or oiher cause, is unable, unassisted, prope~ly to
manage and take care of himself or herself or would benefit from familial assistance, and to allaw
such person to ~eside near clase relatives wha can help care for himself or herself. The ability to
care for such a~erson in this manner, will not only resuft in better care, privacy, dignity and
independence, but will also negate in rnany situations the necess'ity for public assistance which
many citizens find degrading and darnaging ta the pride of the person concerned.
S~CTlON 24295.t0 PRQVISIQNS FOR TEMPORARY MOBILE HQMES
A moE~[le home certified under the 1974 National Mobile Horr3e Construction and Safety Standards Act may
be placed an any legal lot ar parcef in any residential zone swject to meeting the follawing provisians:
A. Condi~ions:
An Administrative Permit has heen appro~ed in accordance with Seciion 24-4fl.
2. 4ccupancy of the mohile home shall be limited to a close friend, or a reiative by bEood ar
marriage. An a~fidavit attesting to the relationship of the in~olved parties shall be submitted
with the Perm~t application.
3. Rent sha11 not be charged.
^ Corr~prehensi~e Zoning ~rdinance ^
Revisad by Ord. 3154
V - i8
^ Chapter 24 ofi #he Butte County Code ~
4. The mabile home may be owned by either the owner of t~e lot or parcef on whic~ it is
placed, or the person residing therein.
5. The mobile home shall be served by adeq~ate sewer and watEr facilities, as determined
by the Butte Cour~ty Environrr~ental Health Di~ision.
6. The siting of the moE~ile hame shall be exempt from the site requirements of the residential
zoning district, except as required by this Section, and ihe Uniform Building Code.
7. The mobile hame is declared to be a temporary use on the properry, accESSOry #o the
prirr~ary un~t and shall npt E~e placed on a permanent foundation. AdditionaHy, a temporary
mobile hom~ shall not be permitted an a loi ar parcel where there is an approved Second
Unit.
S. The permit shal~ be granted for a term ofi two years. F..~ctensions of the term for the
permit, not exceeding one year for each extension, rrray be granied if the application for the
extension is filed w~ihin 60 calendar days prior to the date of expiration.
9. The mobile home shall be vacated upon expiratian of the F'errriit and remo~ed within one
hundred iwenty (120) days after the expiratior~ of the Permit. If it is not remo~ed withirt one
hundred twenty (120) days the County shall remo~e said mobile horrce and store it at the
owner's expense.
10. A deposit or bond sufficient to cover the remo~a! expense s(~all Be posted priar to the
issuance of the Perrnit. The appl9cant shall grant Bt~tte County tf~e right to enter the
property, to remo~e the mobiie home, and ta store i# at ihe sole cost and expense of the
applicant.
1 i. The Permit may be revoked if any of the terrr~s or conditions of the PErrn~t are viofated or
if any acts or omissions of the permittee in connection with Lhe use authorized by said
Permit cor~stitute a public nuisance.
SECTlON 24300 TEMPORARY USES
Temporary uses are shart term activities that can be considered campatible with zones as designated within
this section as fo{lows subject to the adm'rnistrative perm~t requirements of Section 24-40:
A. Temporary uses corripatible with all zones:
1. Temporary construction office and associated storage of canstruction equiprnent and
rnaterials. The use established on a construction site for up to 1 year, subject to appl~cable
building permits. The need for the structure shall ~e retiewed at the end of the 1 year
period and may be extended by the Director of De~eiopment Services.
2. Fairs, festi~als, rodeos, sporting e~ents, carni~als, CEE'CElSBS, suEiject to the applicable
requirements contained in Chapter 12 af the Butte County Code.
B. Temporary uses cornpatibfe in C-1, G-2, CC, HC, NC, LI, M-1, and M-2 zones:
Christmas tree Eots.
^ Comprehensi~e Zoning Ordinance ^
Revised by Ord. 3164
V-19
^ Chapter 24 of the Butte County Code ~
C. Temporary uses in znnes perr~-~itting a residential use:
Temporary tra~ef traifer as a dwelling ~nit during construc#ion of a single family residence
or the rehabili~ation of a single family residence tttat has been damaged by fire, earthquake,
tornado, other acts of nature, or has beer~ deemed cor~demned or uninhabitable }~y the
County, subject to the followir~g requiremEnts:
A. ~he tra~ei traifer ~ay be placed far a period not to exceed one (1) year from ihe
da#e of issuance of the Administrati~e Perm~t; pro~ided, however, the Planning
Manager rrtay extend such lJse Permit for one six (6) month period. Such
extensian by the Planning Manager sf~all be done oniy upon a showing of physical
ar financial hardship by the applicant.
~. That the occupant has secured a buifding perm~ for a residencE.
C. That the occupant has secured a sewerage disposal perrriit from tF~e Butte County
En~iranmenta€I Health Division.
D. That before six (6} mor~ths have efapsec~ from ihe date of the issuance of the
building permit, the acc~apant shafi ha~e completed thefoundatior~, rough pl~[mbing,
framing and the roof of the proposed residence; and
E. That the house must be cornpieted within the one-year p~riod and the trailer
dwe[~ing must be abandoned.
F. The applicant must abtain the necessary permits frorn tt~e Butte County Builc~ing
Division and Environme~tal Healih Division fpr the trave[ trailer installation.
^ Comprehens~~e Zoning Ordinance ^
Revised by Ord. 3164
V-20
^ Chapter 24 of the Butte Caunty Cade ^
ARTICLE VI
DEFINITIONS
SECTION 24305 DEFINITIONS
Unless the context clearly requires to the contrary the defin~tions of terms provided in this Section shall
govern construction withir~ A~ticles fl and ill of this chaPter:
243~5.001 Accessory Usa: A use that is incidenta:f , related , appropriate, and clearly subordinate to the
rr~ain t~se ~f the ~ot or building. which does not alter the principal use of such lot or b~ilding nor serve
property other than the iot or parcel of land on which the principal use is located.
243~5.U02 Administrafive Permi#: An administrati~e permit is given to projects which meet listed
conditions. The Planning Manager or designated staff person wi~l grant such permits based on a description
of the project, building and site plans, and/or a site visit. The perrniE is ministerial and no pub~ic hearing
is rec~uired.
243Q5.003 Adult entertainmerit b~siness: means an establishment that is nat customarify open to the
public generally, but only ta one (1) or mpre classes of the public and which normally excludes any minor
by reason of age. Such establis~rr~ents us~ally charge a fee for a service ~r sale item ta E~e ~urchased.
It is a business that is characterized by ernphasis on depicting, describing or relating to °specified sex~al
activities" ar "spec~fied anatomical areas," as thnse terms are defined herein. Said terms incWde the
following:
Adult: For the p~rpose of this Sec#ion refers to persons eighteen (~8) years ar older.
Adult bookstare: An estabiishmen# which, as a regular or continuing course of conduct,
sells, rents, exhibits, d9splays, or otherwise distr~butes or disseminates baaics, video
cassettes, tapes, no~e[ty items, magazines and otE~er periodicals which are distingt~ished
nr characterized by their emphasis on matter cfepicting, describing or refating to "specified
sex~al acti~ities" or "specified anatomical areas" in a manner which ap~aeals to a pr~rient
interest.
3. Adult hdtel dr motef: A hotek or rr~otel wherein a regular or contin~i~g course of cflnduct
is used for presentir~g rriaterial distinguished or characterized by an emphasis on matter
depicting, describir~g or refating to "spec'rfied sex~aE act~vities" or "specified anatomical
areas" in a manner which appeals to the prurient interest.
4. Ac~ult min9 motion picture theater: An enclased building or outdoar theater with a capac~ty
for less than fifty (5D} persons which, as a regular or continuing course of conct~ct, is used
for presenting r~taterial distinguished or characterized by an ernphasis on matter depicting
or relating to "spec'rfied sex~al activities° or "spec'rfied anatornicaf areas" in a manner which
appeals to the prurient in#erest.
Adult motion picture arcade: Any piace to which th~ public is permitted or invited wherein
coin or slug operated or electranically, electrically or mecf~anically controlled still or motion
pict~re rr~achines, projectors or other image produciRg de~ices are mairrtained to show
^ Camprehensive Zoning Ordinance ^
Revised by Ord. 3~54
V~-~
^ C~apter 24 0~ the Butte County Code ~
ir~ages to five (5) or fewer persons per rr~achine at any one tirr~e, and where as a regular
or cantinuing course af conduct the images so displayed are distinguished or characterized
by an emphasis on depicting or describing "speci~ied sex~al activities" or "spec'rfied
anatomical areas" in a manner which appeals to the prur~ent interest.
6. Adult_mc~tion picture theater: An enclosed bulding or outdoor theater with a ca~acity of
two (2} or more persons which, as a regular or continuing course of conduct, is ~sed for
presenting material distinguished or characteri~ecf by an emphasis on matter depicting,
describing ar relating to "specifiied sexual activities° or "specified anatomical areas" in a
manner which appeals Lo the pr~trient interest.
7. Cabaret: A nightclub, theater or other establishrr~ent which, as a regular or continuing
course of conduct, features live per~ormances by topless and/or botEorr~less dancers, "go-
go" dancers, exatic dancers, strippers or similar entertainers, where such performar~ces are
distir~guished or characterized by an emphasis on "spec~ied sexual activfties" or "specified
anatom9cal areas" in a manner which appeals to the prurient interest.
8. Massac~ parlor: Any place where, as a regufar or continuing course of conduct, for any
form of consideration or gratuity, massage, alcohol rub, administration ofi fomentat9ons,
eiectric ar magnetic treatments, or any other treatment or manipulation of the human body
occurs as part of or in conneciion with "specified sexual activities" or where any persan
providing such treatment, manipulation or service related there#o sxposes "spec'rfied
anatorrzica! areas" in a manner which a~peals to the prurient interest.
9. Mddef studio: Any place or business which, as a regular or caniinuing course of conduct,
for any farm of consideration ar grat~aity, is used for providin~ figure modEls who display
"spec~ied ar~atomical areas" in a rr~anner which appeals to the prurient intErest, to be
observed, sketc~ed, drawn, painted, sculptured, photographed or similarfy depicted t~y
persnns paying such consideration or gratuiry.
10. Sexual encounter center: Any business, agency or person which, as a regular or continuing
course of concfuc#, for any form of consideration or gratuity, provides a place where three
(3) or more persons, not all members of the same far~ily, rrtay congregate, assemble or
associate for ihe purpose of engaging in "specified sext~ai activities° or exposing "specffied
anatomical areas" in a manner which appeals to the prurient interest.
11. Adult-other ~ses: Any business nr establ9shment, which, as a regular or continu9ng course
of cond~ct, offers ~s patrons services or entertainment characterized by an emphasis on
matter depicting, describing nr relating to "specifieci sexual activities" or "specified
anatomical areas" in a rnanner whic~ appeals #o the prurie~t interest.
12. Snecified sexual activities is hereby defined as:
a. Human genitals in a state of sexual stimulation or arousal.
t~. Acts of human r~asturbation, s~xual intercourse or sodorny.
c. Fondling or ather eratic touching of human genitals, pubic regior~, bt,~Enck or
fema[e breast.
13. 5 ecified aRatomical areas is hereby defined as:
^ Comprehensi~e Zoning Ordinance ^
Revised by Ord. 3164
VI - 2
^ Chapter 24 0~ the Butte Cour~ty Code ^
a. Less than completely and opaquefy co~ered:
(i) Human ge~itals.
(ii) Buttack and pubic region; and
(iii) ~'emale breast below a point imrrEediately above the top of the areola; and
~. Human rr~ale genitals in a discernible turgid state, e~en if completely and opaquely
co~ered.
24305.010 A~riculture. 1'he use of fand for agricultural purposes, inc~uding farming, dairying, pasturage,
aq~acuiture, agricultUre, horticuiture, floriculture, ~iticulture, apiaries a~d animal and pouitry husbandry, and
the necessary accessory uses; pro~ided, however, that the operation of any such aceessory uses shall be
secondary to that of the narrr~ai agr~c~ltural activ~ties. As used in this definition, "accessory use" means
those supply, service, storage and processing areas and facilities for any other agricuitural land. The above
uses shall not include stockyards, slaughterE~ouses, hog farms, fertilizer warks or plants for the reduction
of anirr~al matter.
24305.020 A rice~lture ~m lo ee: An indNidual who verifies, by personal affidavit and by affidavit of hEs
employer, that he is, or will be, employer! at least thirry-two (32) hours per week fior at least sixteen {16)
weeks per year, or that his primary saurce of annual income is, or is anticipated to be, derivecf from, any
of the following described occupations:
A. The preparation, care and treatment af fiarm land, Pi~elines or ditches, incfuding IeveEing for
agricult~ral p~rposes, plowing, discing and fertilizing the soil.
B. The sow9ng and planting of any agricultural or horticultural commodity.
C. The care af any agricuitural qr horticultural commodity. As used in this subdivision, "care" includes,
but is not limited to, cultivatian, irrigation, weed controf, thinning, heating, pru~ing, or tieing,
fumigating, spraying and dusting.
D. The harvesting of any agricultural or horticultural commociity including, b~.~t not lim~ect to, pick~ng,
cutting, threshing, mowing, knocking off, field chapping, bunching, baling, balling, field pack9ng, and
placing in field containers or 9n the ~ehicle in which the commodity will be hauled on the farm or
to the place of first processing.
E. '~he assembly and storage of any agricultural or horiicultural cammodity including, but not limited
to, loading, roadsiding, banking, stacking, binning anc! ~iling.
(f} The raising, feeding and management of livestock, fur-bearing animals, fish, frogs and other aq~aatic
animals, and bees includ~ng, but nat lirr~~ted to, herding, housing, hatching, milking, shearing,
har~dling eggs and extracting honey.
G. The operation, canservatian, improvement or maintenance of such farm and its tools and
equipment.
24305.0~ Agricultural Processin~ Plant: An accessory ~se to agriculture for preparation of harvestec~
crops in their r~atural state, for desirous marketabili#y, such as nut hulling plants, prune dehydrators and the
supply, service, storage and receNing stations of such products grown in Butte County. The abn~e uses
^ Comprehensirre Zoning Ordinance ^
Revised by Ord. 3164
Vi - 3
^ Chapter 24 of the Butte County Code ^
sha!! not incl€~de stockyards, commerciaf feed yards, canneries, slaughterhouses, #ertilizer works or plants
for the reduction of animal matter.
24305.026 Agricul~ural Praducts: Agricultura! products are the result of cufti~ating, harvesting and/ar
raising orchards, field crops and/or livestock. Refer also to definition of Agriculture.
24305.030 AIle~: Any public or private thoroughfare Iess than forty {40) fEet in width which affords only
a secondary means of access to abt~tting properry.
24305.040 Antiques, and Arrtic~ue Sho~: "An#iques" r~eans any article which, becaus~ of age, rarity ar
historical sign'rficance, has a monetary ~alue greater than the or~ginal value or which has an age recognized
by the United States Go~ernment as en#itling the articl~ to an import dury less than prescribed far
contemporary merchandiss. A stare or shop selling only s~ch articles or offering them for sale shall be
considered as an antique shop or store, and not considerec~ as a dealership handling ussd or secondhand
merchandiss. .
24305.041 Aquaculture: 7he raising of fish, frogs or other aquatic animal species for cor~rnercial
purposes and accessary uses including on site fis~ing for the public, rental of fishing equipment, the sale
of bait and fishing tackle necessary for on site fishing, the cleaning, preParation, and sale af fish produced
on site, including smaking of fish grawn on site.
24305.042 Bed and Break#ast Hom~: A structure designed as a single family dwelling with one family
i~ permanent residence, where no more than 3 bedrooms, without individ~al cooking facilities, are ren#ed
for overnight ladging. Meals may be pravided to o~ernight guests onky, subject to applicable County hea[th
regulations.
24305.043 Bed and Breakfast Inn: A structure designed as a single farnily dwelling with one farnily in
permanent residence, where no more than 8 bec~roorr~s, without indi~idual cooking facil~ties, are rente[i for
overnight lodging. Meals may be pro~ided ta overnight guests and the generai public, subject to applicable
County fi~ealth regulations.
24305.047 Boardinq House: A structure where lodg~ng is pro~ided, with or without meals, fior
compensation, for 5 or more persons.
24305.050 Buildin4: Any str~ct~re ha~ing a perrr~anent faundatian and a roof supported by calumns, or
by walls designed, intended and/or ~sed as sheiter for the enclosure of persons, animals, chattels, or #or
use in commercial, industrial or otMer enterprises.
24305.060 Buitdinqt Accessorv: A dEtached subordinate buifding, the use of which is incidental to that
of the main building on the same lot or to the use of the 1and.
24305.0~ Building Area; The total amount of ground area occupied by all builcfings ancf structures on
a parcel af land.
2430_5.080 BuiEdinq. Nanconforming: A buildir~g or structure or a portion thereof lawfully existing at the
time tt~e zoning ordinance affecting #he properry on which said building is situate becorr~es effecti~e w~ich
was designated, or structurally altered, for a use tF~at cioes not conform to #he use regulations of th~ zoning
district in which ii is located.
24305.090 Buildin Sit~: A spec~ically defined parcel whick~ can accommodate a building or group of
buildings together wit~ all yard and open space as required in the zoning district.
^ Camprehensi~e Zoning Ordinance ^
Re~ised by Ord. 3164
Vi - 4
~ Chapter 24 of the Butte County Code ^
24305.09~ Campin4: OccupyEng or maintaining for occupancy any place for temporary 1Ning, slesping
or other human occupancy purposes. "Camping" does not include: the parking or storage of an
unoccupied and otherwise unused Vailer coach, recreation vehicle, or tent trailer on a pri~atefy owned
parcei, as defined in Sec#ion 2~-305.31; occupying a tra~ler coach, or recreation ~ehicle, connected pursuant
ta County permit to permanent sewage dispasal and water supply systems; or occu~ying a trailer coach
or a recreation vehicle for any accessory use allowed in the applicabfe zoning district.
24305. 097 Contiquous_parcels: Any two pro~erties which share a m~ual baundary. Properiy shall be
cansidered as contiguous uniis even if it is separated by roads, s#reets, utility easements or raifroad rights-of-
way per Government Code Section 86424.
24305.098 Con~enier~ce Store: A retail establishment the provides basic faod and be~erage products at
a neig~borhood level. Sales of gasoline and prepared foods "ta go" may or may not be offered,
24305.099 Director of Deve[o~ment Services: The Director of the B~e Counry De~eloprnent Services
Departrnent or the D9rector's designee.
24305.100 Disqosal Area: Any area, the use af which is devoted, in whole or in part, to the accumulation
of garbage or junk or any combination thereof as those terms are herein defined.
24305.105 Duqlex: A i~uifding or portion thereaf, having separate entrances and kitchen facilities, used
and designated as a residence for two (2) famiiies ~i~ing indeper~dently of each other.
24305.110 Dwelli~ Grau : On ane lot, gro~ps of more than one of such rrzain buildings as are permitted
by the regulations of the district.
24305.120 Dwellir~q. Multiple: or Multiple-DwelliRg: A buift~ing or portion thereof, ha~ing separate
entrances and kitchen fac~lities, used and designated as a residence for three {3) or mnre families living
independently of each other, including apartment ho~ses, apartment-hatels and ~ats, but not including
mobile home parks, recreatior~a! vehicle parks, rr~otels, or hatels.
24305.130 Dwelling, Sinale-F'amilx: A building with one or more habitable raoms which are designed
to be occupied by one family with facilities for living, sleeping, caoking, eating and san~tation. ~
24305.140 Fam~l : Qne or rr2ore indi~iduals living together as a single housekeeping unit in a single
dwelling unit. Famify shall afso mean the persons li~ing together in a licensed "residential facility" as that
tErrn is defined in the Galifornia Heaith and Safety Cade Section 1502A. (1), which services six (B) or fewEr
persons.
24305.~50 Feed Yard Cornmercial Anir~al: A fenced or enclos~ area aperated exclus~vely to #atten
1Nestock for clients for a consideration, by being fed a concentrated ration.
24305.~160 Fence: "~ence" means a wall ar a~arrier connected by boards, rrtasonry, rails, panels, wire
or any other cornmanly accepted materiai for the purpose of enclosing space or separating ~arceEs of land.
The term "fence" dnes not include retaining walls.
24305.970 Gart~aqe: "Garbage" means every accumulation of anima! or ~egetabfe or other waste rnatter
ihat attends ar results from the preparation, consumption, decay, dealing in, or storage of rr~eat, fish, fowi,
fru~ts, ~egetables or other fooc~ products and shall incfude any faod contair~er in which there is putrescible
rnaterial either solid or liquid.
^ Comprehensi~e Zoning ~rdinance ^
Re~ised by Ord. 3164
Vi - 5
^ Chapter 24 of the Butte County Code ^
24305.175 Guest House: A detached living qua~ters of a permanent type of cons#ruction cantaining not
more than five hundred (5p0} feet in area, which daes noi contain kitchen fiacilities and which is designed
for and used to ho~se nonpaying transients, ~isitors or guests of the occupants of the dwelling on the lot;
and ha~ing a raar yard and side yard of not less than five {5) feet and located not less than ten (i4) feet
from any other accessory building and not less than eight (8) feet from any rnain h~ilding on the same lat.
24305.180 Hoq Farm: Any premises used excltasi~ely for the raising or keep9ng nf three (3} or more hngs
when raised, fed or fattened for the purposes of sale and consumption by otE~er than the owner of the site.
In an agricultural zone the term °hog farrn" is not intended to otherwise preclude the raising of hogs as a
part of a general farming operation or as an FFA, 4-H, or other siudent praject.
24305.i9D Home. Boardinq or Lodqing, or Rest HoEne: A building or portion thereof other than a hotel
where meals for six (6} or mare persor~s are providec~ for compensation or profit.
24305.195 Home ~ccupation: A blisinesses or services eanc~~cted on the premises by occupants of
residentia! dwellings or rriobife hames ar~d operated in compliance with the rec~uirements of Section 24-27'0.
24305.200 Hosp'ifal: "Hospital" rneans an institution specia{izing i~n gi~ing clinical, temporary and
ernergency, or lang-term sen~ices of a medicaf or surgical nature to human patients, and Ficensed by state
law to pravide #acil~ties and services in s€~rgery, obstetrics and general medicai practice.
24305.210 Hptel: "Hotel" means a building in which there are six (6) or rnore guest rooms where lodging
wlth or without meals is provided for compensation, but shal! not inc~ude jails, hospitals, asylums,
sanitariums, orphanages, prisons, detEntion homes and sirnilar buifdings where human beings are housed
or detained under legal restraint.
24345.230 Industrv: The manufacture, fabrication, reductian or destruction of any article, substance or
commodity, or any other treatment thereof in such a rr~anner as to change the form or character thereof.
24305.244 unk: Any worn-out and discarded material in general that may be t~rneci to some use
including, but not limited to, any oid iron, wire, copper, tin, leacf, rags, paper, bags, lumber, empty bottles,
bones, parts of bicycfes, tricycles, baby carriages, automobiies, ar~d other ~eh9cles, dismantled, in whole or
in part, kept, stored, lacated, situated or piled in public ~iew, and all other similar personal property ordinarify
ciefiined and classified as "~unk" kept, stored, located, situated or ~iied in publ9c view and nat scre~ned from
public ~iew by a fence.
24305.250 Jun ard: "~Eunkyard" means the use of mora than one hundred {100) square feet of the area
of any lot, or the use of any portion of ihat half of a lot which adjoins any street or highway, for the
purchase, sale of junk as herein defined.
24305.260 Kennel: Any premises, except where accessory to an agricultural use, where more than five
(5) dogs a~er the age of four (~) mor~ihs are kept for any purpose whatsoever and for which a license is
required by Chapter 4, Section 3 of this Code.
24305.270 Lat Area: An area containing the minimum square #ootage and fror~tage as required by #he
zoning district #or a dwelling unit or building.
24305.271 Lot Depth: The a~erage horizonta~ distance between the front and rear lot lines measured in
the mean direction of the side lot lines.
^ Corr~prehensi~e Zoning Ordinance ^
Revised by Ord. 31fi4
V~-~
^ Chapter 24 of the Butte County Code ^
24305.272 Lot Wid#h: The average horizontal distance ~etween the side lat 1ir~es, measured at right angle
to the lot depth at a point rnidway between the front ar~d rear lot lines.
24»305.280 Mobile Hame: A F~ausing structure #ransportabfe in one or more Sections, dESigned and
equipped to be used with or without a foundation system. Mobile home does not include recreational
~ehicle, commercial coac~, factory la~ilt housing as defined in Sectian 19971 of the Health and Safery Code
or a mobile home cert'rfied under the National Mobile Horr~e Canstr~ction and Safety Standards Act of ~ 974
(42 U.S. Section 54fl1 et seq.), with or withnut a foundation system, pursuant to Section i 8551 af tF~e Health
and Safety Code.
24305.285 Mobile Home Paric: An area or tract of land where two ar more mpbile home lots are renied
or ieased or held out for rent or lease to accommodate rrEObile homes used for humar~ hahitation. The rental
paid for any such mabile home shall be deemed to include rentaE for tF~e lo~ it occupies. Far purposes of
this Section, "rrEObile home park" also means a mobile home de~eloprnent constructed according ta the
requirements af Paragraph 2.1 (comrnencir~g with Section 182p0) of ~Nision 13 of the Health and Safety
Code, and lntended for use ar~d sale as a mqbile home condorr~inium ar cooperative park, ar as a mobile
home planned unit de~eloprrient.
24305.286_ Mobile Re~clinr~ tJnit: A mabife recynling unit means an automobile, truck, trailer or ~an,
licensed by the Departrnent afi Moiqr Vehicles, which is used for the collection pf recyclable materials. A
mobilE recycling unii alsa means the bins, boxes or containers transported by trucks, vans or trailers and
used for the callection of recyclaf~le materials.
24505.288 Modular Home: A mobile home cer~i~ied under the Nationa! Mob91e Home Constructian and
Safety Standards Act ofi 1974 (42 U.S. Section 54U1 et seq.), with or withoi.~t a fot~ndation system, pursuant
to Section 1855i of the Heafth and Safety Code. Modular home does not incl~de recreatipnal ~ehicle or
commErcial coach.
24305.290 Motel: "MoteP' means a group of attacfied or detached buildings containing individ€~al sleeping
un~ts where a rr~ajority of such units open individual{y and directly ta the o~tside, and where a garage is
attached ta, or a parking space is conveniently lacated to, eseh ur~~t, and for the temporary use by
automobile to~rists or transients, and shall incl[~de to~rist courts, motor courts, a~atomobile caurts,
automobile camps anci motor lodges. A unit ofi a motel havEng kitchen facilities shafi constitute a dwelli~g
uni~ and sha11 be subject to al! af the provis~ans and requirements of this chapter governing dwellirtg units
for th~ zoning district in which thE estat~lishment is located.
24305.300 Offices Professional: Offices rrEaintained and used as a pa~ of business conducted by
persons er~gaged ir~ one of the pro#essions lirrtited ~o medical doctors, dentists, engineers, a~korneys,
architects, real estate brokers, accountants, optometrists, dactors of chiropractic, insurance, stockbrokers,
and iicensed as such tay the State of California.
24305.310 Parcef: An area defined by an apprn~ed parce! map, subd~vision map or otherwise lawfully
created ~arcel containing the minimum square footage and frontage as required by the zoning district at
the time the ~arc~l was created. The term "parceP` and "lot" may be useci interchangeably.
24305.33a Parking Space: An accessible and usable pa~ed or graveled space on a building site located
off the street, b~at not occt~pying any part of the required front ya~d or in the side yard or the street side of
a corner fot. Pro~ided, hawever, if #he lot is wi#hin a subdivision whieh has dedicated sixty {60) feet of stree#
improvements to County standards, the area beyond the dedicated street area of thiriy (3~) feet of the fifty
(5D} foot setback may be considered as parking area, pro~ided ~ is accessible and usable.
^ Cornprehens~ve Zoning Ordinance ~
Revised by prd. 3164
U~-7
^ Chapter 24 of the Butte Caunty Cade ^
24345.345 Planning _Manager: The Planning Manager af the Planning Divisipn of #he Butte County
De~efopment Services Department ar the Manager's designee.
24»3D5.350 Plant Car~crete As hal~ Batch Sand anc[ Gra~el: Means the necessary faci{ities to prepare
sand, gravel, cement, asphalt and liquid asphaft into construction components, used by contractors,
b~ailders, horneawners and govemmenta[ agencies in building construction, sidewalks, curbs, gutters,
bridges, streets and highways.
24305.354 Recreation Vehicle: !s a mator home, converted bus, travel trailer, truck camper or camping
trailer wi#h or without motNe power, c~esigned for human habitation for recreation or emergency occupancy,
which, wf~en iransported upon a public raadway, measures eight body feet or less in width and less than
4E1 body fEet in fength and which is either seif-propelled, truck-rr~ounted or permanently towable on the
highways without a perm~t.
243D5.355 Recreational Vehicle Paric: Is any area or tract of land, or a separate designated section
w~hin a mohile horr~e park, where two or rr~ore lots are rented or Eeased or held out for rent or iease to
owners or users of recrea#jonal ~ehicles or tents.
24305.357 Rec clable Material: Recyclable materEal is reusable material including b[~t not limited to
metals, glass, plasiic and papar, which are ~ntended for reuse, rernanufacture nr reconstitution for the
purpose of using the aitered farm. Recyclable material does not include refuse or hazardous rr~aterials.
Recyclabfe material may include used motor oil collected and transported in accordance wi~h Sections
25250.11 and 25143.2(b){4} of the California Health and Safety Code.
24305.358 Recycling Facilitu: A recycling facility is a center for the collection and/or processing of
recyclable materials. A certified recycl~ng facil~ty or cert'rfied processor means a recycling facility certffied
by the California Departrnent of Conservatian as meeting the requirerrEents of the Caiifornia Be~erage
Cantainer Recycling ancf Litter Reduction Ac# of 1986. A recycEing facility daes not include storage
containers or processing acti~ity locateci on the premises of a residential, comrr~ercial or manufact~ring use
and used sofely for the recycling of material generated by tha~ residen#ia~ property, business or rr~anufac-
turer. Recycling facilities may incf~de the fallowing:
A. Collectio~ Facili : A collection faciliry is a center for the acceptance hy doRation, rederr~ption or
purchase, af recyclable materials from the public. Such a facility does not use pawer-drNen
pracessing equipment except as indicated in Section 24-275 C., Criteria and Standards. Collection
facilities may incl~de the follawing:
1. Re~erse Vendir~g Machines.
2. Small collectior~ facilities which occupy an area ofi not more than 500 square feet, and may
include:
a. A rnobi[e u~it.
b. Bulk re~erse ~ending rnac~ines or a grouping of reverse ~ending rnachines
occupying rnore than 50 square feet.
c. Kiosk type units which may include permanent structures.
d. Unattended cor~tainers ~alaced for the donation of recyclab[e mater€als.
^ Corrz~rehensive Zoning Ordinance ^
Re~ised by Ord. 3164
V~ - $
^ Cha~ter 24 ofi the Butte County Code ^
3. Large co!lecti~n facilities which rrzay occupy an area of more than 50D square feet and may
incl€~de perrnanent structures.
B. Rrocessinq ~acilitv: A processing faciliry is a building or enclosed space used for the colleation
and processfng of recyclable materiais. Processing means the preparation of material for efficient
shipment, or to an end-~ser's specifications, by sucf~ rneans as baling, briq~etting, cnmpacting,
flattening, grinding, crushing, mechanical sorEing, shredding, cleaning, and remanufacturing.
Process9ng facilrties include the following:
A light processing facility accupies an area of ur~der ~35,OOa st~uare feet o# grass colEection,
processing and storage area and has up ta an average of two (2) outbound truck
shipments per day. Light processing facilities are limited to baling, briquetting, cr~s~ing,
compacting, grinding, shredding and sorting of source separated recyclabie mater~als and
repairing of reusable materlals sufficient to qualify as a cert'rfied processing facility. A light
processing facility shall not shred, compact or bale ferrous mEtals otF~er than food and
be~erage cantainers.
2. A heavy processing facifity is any processing facility other than a light prpcessing facility.
24305.360 Refuse: "Refuse" sha!! mean and include any solid or semi-solicf waste other than domesiic
sewage including, but not limited to, gar~age, rubbish and trash.
24305. 361 F3elated Dwnershi~: Related ownership is awnership by the applicant or by a partnership or
corporation in which the applicant is a par~ner, principal, director, officer or shareholder.
24345.365 Reverse Vending Machi~e[sl: A re~erse ~ending machine is an automatic rnechanical de~ice
which accepts at least one or rr~ore types of empty be~erage cantainers incluciing, but not fim~ed to,
alur~inum cans, glass and plastic boitles, and issues a cash refund or a retieemable credit slip with a valt~e
not less than the container's redemption value as deterrnined by the state. A re~erse vending r~'~achine may
sort and process containers mechanically pro~ided that fhe en#ire ~rocess is enclosed with~n the machine.
In arcier to accept and temporariiy store all three container types in a praportion commensurate with their
relative redemption ~ates, and to meet the requ3~ements of certification as a recycling iaciltty, multi~le
grouping of re~erse ~ending rnachines may be necessary.
A bulk reverse vending machine is a re~erse ~ending machine that is largsr t~an 5D sqvare fset, €s designed
to accept mare than one container at a time, and wiii pay by weight instead of by container.
24305.370 Rubbish: "R~bbish" shall mean all nanp~,~trescible solid wastes, combustible or noncom-
busti~le, including, but nat lirnited to, paper, cardboard, yard clippings, grass, ashes, wood, bedding,
crock~ry, glass, rr~etal and similar materials, excepting compost boxes.
24305.375 Second [1nit: A Second Uni~ is a second dwelling focated on a parcel or lot, which is attached
to or detached from ar~ existing prir~ary residence.
24305.876 Sales Tract Office: An office established in a•model home or in a mod€~lar home, that is a
ternporary structure, and serves as a sales office for lots and hornes wi~hin the subdivisior~ or housing tract
in which the office is lacated.
24305.380 Secondhand Store: "Secondhand siare" means any retail es#ak~lishment in which the principal
po~ion af the articles, commodities or mercha~dise handled, offered for sale, or solc~ on the prernises are
~ot new and for which a license is required purs~aant to Chapter 11 of this Code. Secor~dhand stores shall
not be cansidered as incfuding aniique stores or pawnsi~ops.
^ Comprel~ensive Zoning Ordinance ^
Revised by Ord. 3j6G
V!-9
~ Chapt~r 24 of the Butte County Cade ^
24305.390 Service Station: A retai~ business establishment supplying gasoline, oil and minor accessories
and repair ser~ices for automobiles.
24305.39i Setback, ~ront Yard; Area which extends a specified distance from the edge of the ul#imate
right-of-way and which may not be occupied by buildings, accessory buildings or qther structures.
24305.392 Setback, Side or Rear Yard. Areas which exteRd a specified distance from side or rear lot
lines and which are not to E~e nccupied by buildir~gs, accessory bu€Idings, fireplaces, or other structures or
eq~ipment extendir~g more than forty- eight (48) inches above ground level. Exarr~ples of structt~res tF~at
rr~ay be placed within the sethack, as lang as a minim[~r~ three (3') foot access way is rr~aintained, include
air condi~ior~ing/heating un~ts, pools and pool or spa purrEp equipment, propane tanks for residential
purposes as providecf by Lt~e Uniform Building Code, portable starage structures, stairs, pfanter boxes,
decks, and weifs. This definition shall not appiy to p~blic utility facilities, eaves or awnings that do not
encroach more than 2`, trellises, clothes lines, fences.
24305.400 Signs. Outdoor Advertising: A structure of any kind or character erected a€~d maintained for
oi.Etdoor ad~ertis9ng purposes which is not appurtenant tn the property it occupies.
24305.405 Site D~vel_opment Permit: A s~te development perrnit is at a level between the Administratirre
Permit and conciitional llse Perrnit. The decESian to grant such a permit is made loy the P[anning Manager
after surroundi~g property owners are notifiec~ of the pending action and harre camrnented on the permit.
The appkicant or the sttrrounding ~aroperry owners may appeal the decision ta the Planning Commission
s~bject tn an appeal fee set by resolution o~ the Board of Super~isors.
24305.410 Sta61e, Prirrade: "Pr~vate stable" rrzeans a detached accessory building in wf~icF~ horses or other
beasts of burden owned by the occupa~ts of the prernises are Kep#.
24305.420 Sta61e,_Pc~bli~ or Ri in ; A stahle from which horses or other heasts of burden rr~ay be
boarded ~y #he public or frorn wf~ich horses or other beasts of burden are a~ailabfe for hire to the public.
243D5.43D Structure: That which is bui[t or cons#ructed, an edi~ice or building of any kind, or any piece
of work, ark'rficially built up or composed of parts joined tQgether in some definite manner. Also that which
is defined and reg~lated in Ghapter 10, Sectians 10-8 through 10-10.
24305.433 Temporary„_Constructian OHice: A r~obile home or modular horne used as cons#ructinn
h~adyuartErs or residence #o be occupied by an ernployee of a cons#ruction fir~m.
24305.438 Ul~imate Riqht-of-Way: T~e right-of-way needed to accammocfate any knqwn ar planned road
expansion incEuciing but not fim~ted to pa~ement, curb, gutter, sidewalk, and bike paths, for public roads
shown on the latest, adopted Butte County Circulation Element Map of the G~neral Plan. Righis-of-way for
public and private raads not s~own on the Circulation Element Map s~all be as deterrnined by the Director
qf Public Works.
24305.440 Use. P~blic: A use operatecl exclusi~efy by a public body, ha~ing the pt~rpose of serving tE~e
public health, safety or general welfare, and including such uses as p~hlic schools, parks, li~raries,
playgrounds, hospitals and adrninistrati~e and service facilities.
24305.450 Use. ~uasi-Public: A use operated by a prNate r~on-prafit educat€ona1, religious, recreational,
charitable, fraternal, or rnedica[ institution, associatior~ or arganization, said use having the purpase ~rimarily
of serving the general public, and including but not limited to such uses as churches, private schools,
universities, comrr~unity youth and ser~~or c~tizen recrea#ional facilities, rneeting halls, private hospitals, public
^ Com~rehensive Zaning Ordinance ^
Revised by Ord. 3164
V{-~~
^ Chapter 24 of the Butte County Code ^
u#ility facilities unless pre-emPted from Iqcal re~iew by State or Federal regulations, pri~ate schools, daycare
centers, fraternities, sororities, and the like.
24305.451 Violator: An adult owner, tenant, occupant, resident or other person having ~ossession, control
or any other ownership interest on ar the rigE~t of access ~o the premises or property , excluding persons
only ha~ing a secur~y interest in the premises, who is suspected or alleged to ha~e violated or to be in
~io[at~on of any of the pravisions of this chapter. T~ere may be one (1) or more ~iolatars as to any particular
premises.
24305.452 Woad ~ot: ~irewooci sawing, spiitting, and storage, for safe.
24305.453 Woad Processin : The production of rough-cut lumber (as is commoniy known in the timber
industry), firewood and waod chips by a chipping rnachine.
24305.46o Zone: An area accurately defined as to boundaries and iocation a~d as set forth on tE~at certain
map entitled "Butte County Zonfng District Map."
^ Comprehensi-re Zoning ~rdinance ^
Revised by Ord. 31fi4
VI-1~