HomeMy WebLinkAbout3579ORDINANCE NO. 3579
AN ORDINANCE ZONING PORTIONS OF THE COUNTY OF BUTTE,
STATE OF CALIFORNIA, PURSUANT TO SECTION 24-25.40.
The Board of Supervisors of the County of Butte, State of California, under
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and pursuant to Section 24-25.40 of the Butte County Code of said County, ORDAINS, as
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3 follows:
4 SECTION 1. The attached Exhibit A shall be and is hereby adopted as the
5 zoning districts for the Chapman/Mulberry Neighborhood Plan area, and such area shall be
6 subject to the restrictions and regulations of the Chapman/Mulberry Neighborhood Plan text
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and Chapter 24 of the Butte County Code.
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SECTION 2. Section 24-236 of the Butte County Code is hereby added to
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read as follows:
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~Z §24-236 C/M (ChapmanlMulberry Combining) Zone
12 A. P ose and Intent: This district is intended as a combining zoning
13 district which will be applied to residential zoning districts within the
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ChapmanlMulberry area, as identified on the Zoning Map. The C/M
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Combining Zone shall be used to achieve the following purposes:
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~,~ 1. Recognize and provide the preservation of the unique
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20 2. Establish special standards for allowable uses, yard area
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requirements, and design features that will apply specifically
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to the area defined by the C/M Combining Zone.
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3. Where provisions of the C/M Combining Zoning District
conflict with provisions of the base district, the combining
district provisions shall take precedence.
B. Combining Zone Requirements: The following requirements shall
apply to lands to which the C/M Combining District is applied:
1. Uses Permitted: All uses listed as permitted and accessory
provided in the base zoning district, excepting the following
uses:
a. Liquor stores, gas stations, automobile sales, and off-
site advertising signs shall not be allowed in the C-1
zoning district.
b. Liquor stores, gas stations, automobile sales, bars and
cocktail lounges, vehicle repair garages, and off site
advertising signs shall not be allowed in the C-2
zoning district.
2. Amortization of Nonconforming Uses:
a. Land Uses:
{1} Commercial and industrial uses inconsistent
with the provisions of the base zoning district
shall be amortized and terminated under the
provisions of Section 24-35 et seq. or within
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ten years from the adoption of this Section,
whichever occurs first, subject to the
provisions of subsections (2) and (3) below.
(2) A nonconforming use shall not be expanded,
enlarged, extended, reconstructed, substituted,
or structurally altered, except to conform to
current zoning standards and requirements.
(a) If a nonconforming structure, or a
conforming structure used for a
nonconforming use, is damaged,
destroyed, or demolished, the right to
continue occupancy thereof or to
continue the nonconforming use
therein shall cease and the structure
may be repaired or rebuilt and
reoccupied only if the cost of repairing
or replacing the damaged portion of
the structure does not exceed 50
percent of the total replacement value
of the structure and the repair or
replacement is started within one year
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of the date of the damage or
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2 destruction and is diligently pursued to
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4 (3) Requests to extend the ten year time period
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may be submitted to the Planning Commission
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and maybe granted only for good cause based
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upon a consideration of the following factors;
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g 1. The total cost of the property and
10 improvements.
11 2. The depreciated value of the property.
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3. The remaining useful life of the
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improvements.
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15 4. The original length and remaining
16 term of the lease, if any, under which
17 the premises is occupied.
18 5. The percentage of the business
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conducted on the premises compared
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to the percentage conducted
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22 elsewhere.
23 6. The cost of moving and re-
24 establishing the business elsewhere,
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and a public agency's ability to provide
relocation assistance.
7. Efforts made to relocate andlor re-
establish the use in a properly zoned
district.
8. The nature of the nonconforming use,
as compared to the character of the
neighborhood.
9. The harm to the public if the use
remains beyond the amortization
period.
10. The feasibility of converting the use of
the premises to an allowed use.
11. Other related factors.
Such extensions may not exceed a total period of an
additional two years. Extension requests must be
submitted not later than seven years from the adoption
of this Section, on a farm approved by the Director of
Development Services, and must include information
pertaining to any and all of the above factors which
the applicant believes are applicable to his or her
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request. The procedure for review and consideration
of an extension request shall be as specified in
Sections 24-45.20, 24-45.25 and 24-45.30.
b. Agricultural Animals: The keeping of poultry or
rabbits may continue as a nonconforming use in
conjunction with a single family dwelling subject to
the following limitation: 15 per 5,000 square feet of
fenced yard area not covered by structures.
c. Existing mobile homes manufactured before June 15,
1976, may only be replaced with a mobile home
manufactured after June 15, 1976, or a conventional
wood frame construction.
3. Site Requirements: The following site requirements shall
apply to land with residential zoning:
a. Front Yard Area: Front yard areas shall be consistent
with the average of the existing front yard of
adjoining parcels, but in no case less than 15 feet nor
greater than 30 feet.
b. Rear and Side Yard Setbacks: Same as the base
zoning district, except as otherwise provided.
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C. Desi n Standards a licable to the CIM Combinin District: All
new development, including land divisions and construction of new
dwellings, shall adhere to the following C/M Neighborhood Design
Standards:
l . Single Family Dwellin s
a. Front entries shall be established for all residences
and shall be oriented toward the street.
b. All new gazages shall be set back at least 10 feet from
the front edge of the dwelling. Garages located in rear
yards are encouraged. Detached, single-story garages
shall be set back at least five (5) feet from the rear
yard property line.
c. New dwellings shall be designed with fixnctional front
porches.
d. Front yard fences shall be limited to three feet in
height and shall be of an open (not solid} design.
Front yard landscaping shall not obscure views of the
street and adjoining neighbors. Particular attention
shall be given to the design of properties near public
use areas, such as parks, community centers, and the
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school, to provide for direct visual contact with these
areas.
e. One new tree, 15 gallons or greater in size, shall be
planted in front yard areas as a requirement of new
single family residential building permits. The
species of tree planted shall be selected from the
following list:
Scientific Name Common Name
Vitex agnus-castus Chaste Tree
Pistachia chinensis Pistache
Pyrus calleryana `Aristocrat' Ornamental Pear
Ginkgo biloba `Princeton Sentry' (Columnar) Ginko
Platanus acerifolia `Yardwood' Sycamore
Acer buergerianum Trident Maple
Koelreuteria paniculata Golden Rain Tree
Nyssa syIvatica `Black Tupelo' Sour Gum
Ginkgo biloba `Autumn Gold' Ginko
Tilia tomentosa `Serling Silver' Silver Linden
Zelkova serrata `Green Vase' (Won Styer Award)
Celtis sinensis Chinese Hackberry
Quercus ilex Holly Oak
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2. Parking Lats
a. Parking lots for parcels containing mare than two
dwelling units shall be screened from view from the
street by vegetation or fencing that is no more than
four feet in height off street. Parking lots shall be
located in the rear or side lot area and are not allowed
within the front set back area.
3. Commercial & lndustrial Land Uses
a. Outdoor lighting fixtures for commercial and
industrial uses shall be oriented or otherwise shielded
so that the source of light and light reflectors are not
visible from nearby residential properties.
b. Noise and visual impacts of commercial and industrial
uses that abut residential uses shall be buffered
through the use of 8~foot high masonry (or equivalent)
walls and landscaping. Landscaping shall be installed
on the residential side of the wall and be used to
buffer the appearance of walls. All such buffering
shall occur on and be maintained by the commercial
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and industrial property. Earthen landscape berms with
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2 a wall may also be utilized to meet this standard.
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4 4. Multip le Family Dwellin Units
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a.
All multifamily units must face with front doors onto
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the street.
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b. Parking lots shall be established to the rear or an the
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g interior of building clusters.
10 c. Fencing in the front yard area shall be limited to three
~'~ feet in height. All front yard areas shall be
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landscaped.
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d. Refuse containers and mechanical equipment must be
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screened and located within the interior ar rear areas
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17 e. Pedestrian walkways shall be provided from street
~~ sidewalks to front door.
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f. Use Permits shall not be required for remodeling of
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nonconforming multi-family dwelling units which da
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22 not result in an increase in the number of units or
23 bedrooms, or results in additional floor levels.
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Reconstructed multi-family dwellings shall be subject
to the provisions of paragraphs a. through e. above.
D. Planned Unit Develot~ment (PUD). The following requirement shall
apply to lands to which PUD zoning is applied:
1. No development shall occur unless a land use and
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development plan is approved by the Board of Supervisors
per the requirements of Butte County Code Section 24-210.
SECTION 3. Section 24-305.305 of the Butte County Code is hereby added to read as
follows:
§ 24-305.305 Combiniu~ District: Combining districts are used as an overlay to a
base zoning district to address special needs and circumstances within geographically-
specified areas to which the combining designation is applied. The combining district may
modify any provision of the base zone, including permitted uses, site development
requirements, and other provisions. It may also establish variable minimum lot area or
density standards.
SECTION 4. This Ordinance shall be and it is hereby declared to be in full force and
effect from and after thirty {30} days after the date of its passage, and before the expiration
of fifteen (1 S) days after its passage, this
Ordinance shall be published once with the names of the members of the Board of
Supervisors voting for and against it in the Chico Enterprise Record, a newspaper published
in the County of Butte, State of California.
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PASSED AND ADOPTED by the Board of Supervisors of the
County of Butte, State of California, on the25th day of January 2000'`by ~ the f;o~:low~ing vote
AYES: Supervisors Beeler, Houx, Josiassen and Chair Dolan
NOES: None
ABSENT: Supervisor Davis
NOT VOTING: None
DOLAN, CHAIR
County Board of Supervisors
ATTEST: JOHN S. BLACKLOCK, Chief Administrative
Officer and Clerk of the Board
eputy
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