HomeMy WebLinkAbout39061 Ordinance No. 3906
2 AN ORDINANCE AMENDING CHAPTER 24 SECTION 24-280 REGARDING SECOND
3 DWELLING UNITS AND AMENDING SECTIONS 24-82, 24-95, 24-105, 24-110,
4 24-115, 24-120, 24-125, 24-130, 24-135, 24-1.55, 24-150, 24--165, 24-
S 1.90, 24-210, 24-225, 24-235.10 & 24-295.10 IN CHAPTER 24, ENTITLED
6 "ZONING", OF THE BUTTE COUNTY CODE
7 The Board of Supervisors of the County of Butte ordains as
follows:
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Section 1. Section 24-280 of Chapter 24 of the Butte County
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Code is amended to read as follows:
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11 24-2$0 Second dwelling units.
12 When a second dwelling unit is listed as an accessary use
in a zone district, as specified in. Article III, and
13 subject to applicable permittira.g requirements, the
provisions of this section sha11 apply.
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(a) Purpose and intent. The purpose and intent of this section
15 is to provide clear and concise provisions for the location and
construction of second dwelling units in conformance with
16 section 65852.2 of the California Government Code, while
17 preserving the character and integrity of various nonresidential
zones in the county and conforming to the policies of the Butte
18 County General Plan.
19 (b) Excluded areas: Second dwelling units may be
prohibited an: 1} Land subject to Land Conservation Act
20 Contracts and per the County Resolution implementing the
Williamson Act; 2} Where specific findings are made that
21 due to adverse health, safety and welfare impacts a
particular area or a particular project cannot (for the
22 reasons enumerated) support second dwelling units; 3) Land
23 within Zones B1., B2 and C1 of the 2000 Airport Land Use
Compatibility Plan; 4) North Chico Specific Plan Area; 5)
24 Agricultural zones, i.e. A-5 through A-160; 5) Land within
the "WP" (Watershed Protection) Overlay Zone.
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(c} Standards and conditions. The following standards and
26 conditions shall apply to all second dwelling units:
(1) Site requirements. A parcel or lot proposed for a
27 second dwelling unit shall comply with all of the following
requirements:
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a. The parcel or lot shall be any legal lot within a
residential zone district, as well as the following
nonresidential zone districts that allow single-family
dwellings as a primary use of right: H-C; N-C; R-P; TM;
Pi3D; S-H; and U.
b. A second dwelling unit cannot be placed on a parcel or
lot that already has more than one (1) dwelling unit on it,
including a temporary mobile home, as provided in sections
24-295 and 24-295.10 of this Code. Nothing in this section
shall limit ar restrict the construction of one (1) guest
house, as defined in Article VI of this chapter, on a
parcel that has a second dwelling unit, provided the guest
house meets all applicable Butte County codes and
regulations as listed for an allowed use in a zoning
district. Dwelling units in excess of a second dwelling
unit are only permitted when multiple dwelling units are
listed as one of the uses allowed in a zone district.
c. The main dwelling must conform to all of the standards
of the applicable zoning district, including, but not
limited to, setback requirements.
(2) Development standards. Second dwelling units (attached
or detached) shall meet all of the following standards and
conditions:
a. No more than one (1) second dwelling unit shall be
allowed on any parcel ar lot. Multiple dwellings, as
distinguished from second dwelling units, may be allowed in
certain zone districts when listed as an allowed use, but
generally only after receiving discretionary approval.
b. Shall not be a size limitation in laving area provided
that all other County requirements for building setbacks,
water supply, sewage disposal, driveway/road access,
building permit and applicable County development standards
may be met for the proposed size of the second dwelling
unit.
c. Shall contain kitchen and bathroom facilities separate
from the main dwelling unit and shall have a separate
entrance.
d. Must have adequate sewage disposal facilities and potable
water facilities, as determined by the Butte County
Environmental Health Division.
e. May-be attached to the main dwelling on-site or may be
a separate detached dwelling on the parcel or lot.
Attachment shall be by sharing a common interior wall or
common roof.
f. The owner of the parcel or lot must occupy either the
main dwelling or the second dwelling unit. Prior to
issuance of building permits, the property owner shall
execute and record a deed restriction running with the land
stipulating this occupancy requirement. The deed
restriction shall be on a form approved by the Butte County
Department of Development Services.
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1 (3} Parking. One (1) off-street parking space shall be
provided for the second dwelling unit with one or two
2 bedrooms; two off-street parking spaces shall be provided
for two or more bedrooms. The spaces shall be in addition
~ to the existing off-street parking requirements for the
main dwelling unit.
4 (4) Prior to issuance of a building permit for the second
dwelling unit, the existing driveway or road serving the
5 parcel or lot shall be improved, if necessary, to the same
standard that would be required of any building permit,
6 i.e. a year-round traversable driveway or road acceptable
to the County Public Works & Fire Departments. (5)
~ Construction of the second dwelling unit may require
drainage improvements that would be customary with a
g building permit. The extent and timing of the improvements,
if any, shall be determined by the Butte County Department
g of Public Works. The technical standards and specifications
for drainage improvements are contained in the improvement
1p standards as adopted by resolution of the Board of
Supervisors.
11 (6) Deed Restriction. Prior to issuance of a building
permit far the second dwelling unit, the property owner
12 shall execute and record a deed restriction running with
the land. The covenant shall be on a form approved by the
13 Butte County Department of Development Services and shall:
14 a- Stipulate the occupancy requirement of (c)(2)(f)
above.
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16 Section 2
Sections 24-82, 24-105, 29-110, 29-115, 24-120, 24-130,
17 24-135, 24-155, 24-160, 24-165, 29-190, 24-210, 24-225, 24-235.10 &
1$ 24-295.10 of Chapter 24 of the Butte County Code are amended to read
19 as follows:
20 24-82 Flexible lot size provisions.
21 {a) Purpose and intent. The purpose and intent of the
flexible lot size provisions contained in this section is
22 to increase the retention of natural resources, open space,
and wildlife habitat, avoid hazardous areas, and further
23 implement the goals and policies of the Butte County
General Plan. Following are specific goals of the flexible
24 lot size provisions:
25 (1) Provide an incentive to create quality residential
developments, particularly where special conditions exist
~& that prevent the attainment of the maximum permitted
density of a property that could otherwise be attained
27 through conventional subdivision design.
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1 (2) Require the avoidance of hazardous areas (e.g., 100-
year flood zones) and preservation of environmentally
2 sensitive areas (e.g., wetlands and special-status species
habitat), productive agricultural and timber lands, and
3 important cultural and scenic resources.
(3} Facilitate innovative development concepts that
4 achieve greater consistency with the Butte County General
Plan.
5 (4) Provide permanent open space for a variety of natural
resource purposes.
6 (5) Preclude additional development that may conflict with
neighborhood quality of life.
~ (6) Provide increased open space which may include active
& and passive recreation features that reduce demand for
public park land.
~ (7) Reduce infrastructure requirements by reducing the
length of streets and water and sewer lines and by
lfl potentially reducing street width requirements.
(b} Applicability. The provisions contained in this
11 section are applicable, as described below:
(1) Processing requirements. Allowed by right in all
12 residential zoning districts that allow flexible lot size
provisions, as specified in this section. A conditional use
13 permit, planned unit development (PUD), or other rezoning
14 application is not required.
(2} Applicable parcel size. Parcels that could potentially
15 be subdivided based on the minimum lot size specified in
the applicable zoning district.
16 (3) Land divisions. This process is applicable to all
subdivisions, parcel maps, and parcel map waivers
17 regardless of the number of lots proposed.
(4) Optional use. Use of the flexible lot size provisions
18 is optional. Persons wishing to subdivide and develop land
19 may utilize this section or may proceed under other
existing County Code requirements without use of these
20 provisions.
(5) Reference to flexible lot size provisions. Residential
21 development applications submitted pursuant to this section
shall be clearly identified as being so-designed on the
22 tentative map.
(6) Limitation on location. The use of the flexible lot
23 size provisions shall not be applicable in urban areas
designated in the Improvements Standards for Subdivisions,
24 parcel Maps and Site Improvements for Chapter 20 of the
Butte County Code or within any adopted airport
25 Comprehensive Land Use Plan.
2b (c) Application requirements. The following processing
procedures apply to the flexible lot size provisions. These
27 procedures must be followed once a decision has been made
to utilize the flexible lot size provisions. Subsequent to
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completion of the steps described in this subsection, a
1 formal application filed pursuant to the flexible lot size
2 provisions shall be processed and acted upon in accordance
with standard provisions of the County Cade governing
3 tentative map and waiver applications, as specified in
subsection (d}.
~ (1) Preliminary consultation. It is recommended that
applicants proposing to utilize the flexible lot size
5 provisions meet with development services staff prior to
making an application. Once the decision has been made to
6 proceed, the applicant must submit information specified in
subsection (c)(2) below in order to begin the pre-
? development review process required in (c)(3) below.
~ (2) Supplementary application materials. The following
materials shall be submitted.
9 a. Opportunities and constraints mapping. At a minimum,
this mapping shall illustrate land not suitable for
10 development, as described in subsection (g)(1) of this
section.
11 b. Conceptual development plan. The conceptual
development plan shall identify building lots/sites
12 (including a description of the maximum number of lots),
roads, open space areas, and other features based on the
13 opportunities and constraints mapping. In addition, the
14 conceptual development plan shall address all items listed
in subsections g (except (g)(3)), (h) and (i). Where
1~ appropriate, information may be provided in narrative form.
(3) Pre-development review meeting. Once a preliminary
16 application has been submitted, development services
department staff shall schedule a pre-development review
17 meeting that includes the applicant and representatives
from the development services department, environmental
18 health division, public works department, county fire
19 department, and any other agency with applicable interest
in the proposed development site. The purpose of this
20 meeting is to provide the following preliminary direction
to the applicant: 1) identify any potential inconsistencies
21 with county ordinances and policies, 2) identify design
components and filing requirements recommended for the
22 formal tentative subdivision map application, 3} discuss
the review process, 4) identify potential environmental
23 impacts, and 5) identify special studies that may be
required to accompany the formal application. Any direction
24 given shall be preliminary and is subject to further
refinement or change as the application progresses to and
25 through the formal application process. Following the
26 meeting, the development services department shall send a
letter to the applicant describing recommended direction,
27 additional filing requirements for the formal application,
and other determinations reached at the meeting.
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1 (4) Fee. A fee may be charged to cover county staff time
in the pre-development review meeting in accordance with
2 Articles IV and IX of Chapter 3 of the Butte County Cade.
(d} Formal application requirements. Following completion
3 of the pre-development review processing steps set forth in
subsection (c), development applications utilizing the
4 flexible lot size provisions shall follow standard county
code requirements governing tentative subdivision, parcel
5 map and parcel map waiver applications.
(e) Development standards. Development applications
& designed and submitted pursuant to the flexible lot size
provisions shall adhere to the development standards for
~ the zoning distract applicable to the property; except as
8 modified below:
(1) Determination of allowable density. Residential
9 density is solely a function of the zoning district
applicable to the land at the time development is proposed.
1Q The maximum number of residential lots or units of a
development submitted under the Flexible Lot Size
11 Provisions shall be calculated based on the zoning and
acreage applicable to the land to be developed.
12 (2} Minimum lot size requirement. Lot size is flexible and
can be variable; however, the provisions of Butte County
13 Code section 24-75 shall apply as a minimum lot size
14 Provided the county's building code, sewage disposal, water
supply, health anal safety, fare safety, and other
15 applicable regulations are met.
(3) Subdivision map notation. Final subdivision and parcel
16 maps shall include a notation that stipulates that the
parcels created under the provisions of this section cannot
17 be further divided except remainder parcels in phased
developments, as provided in subsection (h} of this
18 section.
19 (4) Building setbacks/yard area and lot dimension
requirements. Building setback and lot dimension
2Q requirements are flexible, but under no circumstance shall
setbacks from property lines be less than five (5) feet.
21 Lots may be designed with building envelopes instead of
conventional building setbacks. Building envelope areas
22 must be delineated an the tentative and recorded
subdivision maps. Lot areas outside of established building
23 envelopes will not automatically require the establishment
of open space easements. Depending upon the reason for the
24 use of building envelopes, a conservation easement may be
25 used or alternative management standards may be
established. All site development shall be consistent with
26 the county' s fire safe requirements and Public Resources
Code, Section 429Q.
27 (5) Street design. Street improvements shall be governed
by the following factors:
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a. Deviation from conventional road and sidewalk
1 requirements may be requested by the applicant. The
2 decision making body may approve deviations depending upon
project design, site conditions, and other factors.
3 b. Streets may be privately owned and maintained, or may
be proposed for dedication to the county.
4 c. All street design standards shall be approved for.
safety by the Dixectox of Public Works and the County Fire
S Marshal.
6} Sewage disposal/potable water.
6 a. ,Subdivisions creating less than twenty-five (25)
7 parcels shall meet the following standards:
1. Sewage disposal shall be by an individual system
8 located on the parcel it serves and approved by the Butte
County Environmental Heath Division.
9 2. Domestic water shall be provided by individual wells,
as defined by Chapter 23 of the Butte County Code.
IO Individual wells shall not be located in the open space
area or on a common area parcel unless the applicant can
1I show that watex is not available in other locations and
that impacts to sensitive or protected lands can be avoided
12 or mitigated.
13 b. Subdivisions creating twenty-five (25) or more parcels
may meet the following standards:
14 1. The project may use a community sewage disposal system
and community well, provided there is a homeowners
15 association as the responsible maintenance entity.
2. Community facilities may be located on the open space
16 parcel provided it can be located on suitable land that is
not subject to physical or environmental constraints.
17 Each request shall obtain tentative clearance from the
Butte County Health Department, Environmental Health
18 Division for the proposed lot sizes. Soil tests, drilling
19 of test wells, or geologic reports may be required to
provide evidence of sewage disposal capacity and domestic
20 water availability. Minimum lot areas for septic systems
must comply with section 20-120.1 of the Butte County
21 Subdivision Ordinance and Appendix VII of the improvement
Standards for Subdivisions.
22 (f} Permitted uses/accessory uses. Except as noted herein,
all land uses permitted in the applicable zoning district
23 shall be permitted under the flexible lot size provisions.
Where modifications in lot design standards have occurred,
2~ as provided for in this section, there may be limitations
25 on certain permitted and accessory uses due to lot coverage
restrictions and/or setbacks prescribed in the applicable
26 zoning district. Uses allowed in dedicated open space shall
be limited as described in subsection (g). Exceptions:
27 (1) Second units. Second units are allowed in projects
submitted under the flexible lot size provisions, where
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allowed by the underlying zoning district; provided
1 however, that all relevant site requirements and
2 development standards can be satisfied.
(g) Open space requirements. The following requirements
3 apply specifically to areas identified as dedicated open
space in flexible lot size developments:
4 (1) Land not suitable for development. Dedicated open
space areas shall be designated for all land not suitable
5 for development. Primary areas must be avoided and reserved
as permanent open space in all instances. In some
6 instances, the decision making body may require that
secondary areas or portions of secondary areas be avoided.
~ In addition, other lands may be required to be in the
8 designated open space to meet the minimum requirements of
(g)(4) below or may be included at the request of the
9 applicant.
a. Primary areas.
10 1. 100-year flood zones.
2. Wetlands, riparian areas and other sensitive
11 biological habitats.
3. Unstable slopes.
12 4. Sensitive archaeological sites.
13 b. Secondary areas.
1. Timber areas.
14 2. Scenic areas.
3. Historic areas.
15 4. Deer migration, established fawning and winter range
areas.
16 5. Areas with a slope of thirty (30) percent or greater.
5. Viable/important grazing lands.
I7 (2) Open space/conservation easement required. Areas not
designated far development shall be reserved as open space
18 pursuant to this section. Open space shall be guaranteed in
14 perpetuity using one or more of the following control
mechanisms:
20 a. Dedication of a conservation (or open space) easement
to the county, other public agency or a public interest
21 land trust.
b. Dedication of land in fee-title to the county or other
22 public agency.
c. A development agreement with deed restrictions or
23 other appropriate mechanisms.
The above mechanisms may be used separately or in
24 combination with transfer of development credits, and
density transfer covenants, as provided for in subsection
25 (i). Remainder lots in phased developments identified as
26 being reserved for potential. future development are
exempted from this requirement (see subsection (h)).
27 (3) Open space management plan required. Public and
private open space shall be maintained in accordance with
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an open space management plan acceptable to and approved by
1 the county. Such plans shall, at a minimum, address the
2 following:
a. Grass and brush clearing for fire fuel management, as
3 required by site conditions.
b. Erosion control.
4 c. Sewage disposal, water well, and stormwater drainage
facilities, including ditches and detention basins, if
5 proposed for the development.
d. Other natural resource management activities and uses.
6 Open space management plans shall include provisions for
long-term maintenance of improvements and facilities that
7 will not result in a fiscal impact on the county.
~ (4) Open space minimums. The amount of open space reserved
in a project shall vary in accordance with the following
9 provisions:
a. For projects in zoning districts with a minimum lot
lp size requirement of five (5} acres or less, open space
requirements shall be based solely on the constraining site
it features, as described in subsection {g)(1).
b. For projects in zoning districts with a minimum lot
12 size requirement of greater than five {5} and less than
forty (40} acres, a minimum of fifty (50} percent of the
13 total project site shall be dedicated as permanent open
I4 space .
The fifty (50) percent open space dedication requirement
15 does not apply in instances where there are no areas
unsuitable for development (as described in subsection
16 (g}(1) and the subdivision design merely proposes a variety
of lot sizes.
17 c. For projects in zoning districts with a minimum lot
size requirement of forty (40) to one hundred sixty (150)
18 acres, a minimum of eighty (80) percent of the total
19 project site shall be dedicated as permanent open space.
(5} Uses permitted in dedicated open space. Uses and
20 activities within. dedicated open space shall be compatible
with open. space land. Unless limited or restricted by a
21 conservation easement, development agreement, conditions on
the approved tentative map, or other restricting mechanism,
22 the following uses are permitted:
a. Agriculture, including grazing and timber management,
23 are permitted uses where allowed by the underlying zoning
district.
24 b. Uses requiring a use permit in the zone in which the
25 land lies, provided a use permit is obtained from the
planning commission.
26 c- Resource conservation.
d. Wildlife management.
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e. Recreational activities compatible with the objectives
1 of the open space management plan, as required by
2 subsection (g)(3}.
f. Community wells, community septic systems, community
3 sewage disposal systems, and individual wells under certain
circumstances.
4 g. Pedestrian, bicycle, and equestrian trails. Public
access is not required, but may be permitted subject to a
5 public access easement being recorded.
h. Other similar uses, as determined through the
6 application review process.
7 (6) Contiguity. To the maximum extent possible, on-site
open space areas should be consolidated or linked, and not
$ fragmented. This will facilitate wildlife movement,
maintain functioning biological communities, and
9 accommodate recreational opportunities. Open space
connections to adjoining land beyond the project site
1p should be anticipated and identified where practicable.
(7) Access to open space. To the extent practicable, all
11 residential lots shall have physical and/or visual contact
with permanent open space. This is intended to facilitate
12 surveillance, faster routine maintenance, and improve the
quality of life of project residents through the
13 integration of homesites into a permanent open space
14 setting.
(8) Trails. Where pedestrian, bicycle, and/or equestrian
15 trails are constructed in dedicated open space areas, the
following requirements shall apply:
16 a. Environmentally sensitive areas shall not be impacted.
b. Privacy of proposed on-site and existing off site
17 residences shall not be intruded upon.
c. Public access shall be permitted only where public
18 access easements, consistent with an adopted trail master
19 plan, have been acquired.
{h) Phased development. Projects may be proposed for
2U development in two (2) or more phases. Remainder portions
may be proposed and set aside for further development. In
21 such instances, the following shall apply:
(1) Land not proposed for immediate development shall be
22 labeled "Remainder" on the subdivision map.
(2} The acreage of the remainder may only be included in
23 the calculation of residential density of the developed
area if a transfer of density (as addressed in subsections
24 (g)(7) and (i) has been approved).
25 (3) When development of the remainder portion is proposed,
a subdivision application may be filed as a conventional
2b development, planned unit development (PUD), or flexible
lot size development.
27 {Q) Residential density transfers shall also include lands
set aside as permanent open space.
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1 (5) Where phasing is proposed, open space proposed for the
entire development area shall either be developed or
2 guaranteed in proportion to the number of dwelling units
proposed on a phase-by-phase basis.
3 (5} Under no circumstances shall phased development result
in higher residential density than is otherwise permitted
4 by the zoning district.
(i) Development credit/density transfer.
5 (1) Development credits or density may be transferred
within parcels, across parcel lines of contiguous parcels,
~ and from non-contiguous lands that are part of a single
development proposal.
7 (2) All development credit transfers shall be specified
$ and governed by a development agreement or other suitable
instrument between the developer, applicable sending site
9 landowner, and the county.
1p 24-95 AR through AR-10 (Agricultural Residential} Zones.
11 The following permitted uses, uses requiring a use permit,
and administrative uses shall apply to all zones AR through
12 AR-10. Uses that are unique to a particular zone and site
requirements for each zone will be listed separately.
13 (a) Uses permitted:
14 (1} One (1) single-family dwelling or modular home per
parcel.
15 (2) The use of a single-family residence as a small family
day care home, licensed family care home, faster home, or
16 group home for mentally disordered or otherwise handicapped
persons or neglected children. Said homes shall serve six
17 (6) or fewer persons and sha11 be subject to all applicable
state regulations and limitations.
18 (b} Accessory uses:
19 (1) Those uses and structures normally associated with a
single-family residential use and are in conjunction with
20 or incidental to the residential use, including but not
limited to a garage, workshop, shed, garden, private
21 swimming pool, private tennis court, gazebo, spa, etc.
(2) A guest house as defined by section 24-305.175 of
22 the Butte County Code.
(3) Second dwelling unit subject to the requirements of
23 section 24-280.
(4) Agricultural uses, including .the keeping of animals,
24 subject to the animal maintenance requirements of sections
25 24-255.1 through 24-255.15, inclusive, of this Code.
(c) Uses requiring use permits. The following uses are
26 permitted subject to a use permit:
(1) Duplex dwellings, multiple residences, and multiple-
27 family dwellings subject to the density allowed by the
general plan, and bed and breakfast inns.
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1 (2) Golf courses and country clubs, including but not
limited to accessory uses such as driving range, pro shop,
2 cocktail bar, restaurant.
(3) Public and quasi-public uses.
3 (4) Commercial poultry farming and livestock farming,
nurseries and plant gardens.
~ (5) Veterinary clinics, kennels.
(6) Sales tract office.
5 (7) Mobile home parks subject to the density of the
general plan in the AR, AR-1~2, and AR-1 zones only.
6 (d) Uses requiring a manor use permit. The following uses
may be permitted subject to the requirements of section 24-
~ 41:
8 (1) Large family day care facilities subject to the
requirements of section 24-265.
9 (2) Bed and breakfast home.
(e) Uses requiring an administrative permit. The following
lp uses may be permitted subject to the requirements of
section 24-40:
11 (1) Home occupations subject to the requirements of
section 24-270.
12 (2) Temporary uses as listed in section 24-300.
13 {3) A temporary mobile home subject to the requirements of
sections 24-295 and 24-295.10.
14 24-105 A-SR (Agricultural Suburban Residential) Zane.
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(a) Uses permitted.
16 {1) One (1) single-family dwelling ar modular home per
parcel.
17 (2) The use of a single-family residence as a small family
day care home, licensed family care home, foster home, or
18 group home for mentally disordered or otherwise handicapped
19 Persons or neglected children. Said homes shall serve six
(6) or fewer persons and shall be subject to all applicable
20 state regulations and limitations.
(b) Accessory uses:
21 {1) Those uses and structures normally associated with a
single-family residential use and are in conjunction with
22 or incidental to the residential use, including but not
limited to a garage, workshop, garden, private swimming
23 pool, private tennis court, gazebo, spa, etc.
{2) A guest house as defined by section 24-305.175.
24 (3) Second dwelling unit subject to the requirements of
section 24-2$0.
25 (4) Agricultural uses, including the keeping of animals,
26 subject to the animal maintenance requirements of sections
24-255 through 24-255.15, inclusive, of this Cade.
27 (c) Uses requiring use permits. The following uses are
permitted subject to a use permit:
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1 (1) Public and quasi-public uses.
(2) Nurseries and plant gardens.
2 (3) Sales tract office.
(4) Mobile home parks subject to the density of the
3 general plan.
(d) Uses requiring a minor use permit. The following uses
4 may be permitted subject to the requirements of section 24-
41:
5 (1) Large family day care facilities subject to the
requirements of section 24-265.
5 (2) Bed and breakfast home.
,~ (e) Uses requiring an administrative permit. The following
.uses may be permitted subject to the requirements of
8 section 24-40:
(1) Home occupations subject to the requirements of
9 section 24-270.
(2) Temporary uses as listed in section 24--300.
lp (3) A temporary mobile home subject to the requirements of
sections 24-295 and 24-295.10.
11 (f) Lot requirements. The provisions of sections 24-75 and
24-80 concerning site requirements shall apply.
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24-110 FR-1 through FR-160 (Foothill Recreational) Zones.
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14 The following permitted uses, uses requiring a use permit,
and administrative uses shall apply to all zones FR-1.
15 through FR-160. Site requirements for each zone will be
listed separately.
16 (a) Uses permitted.
(1) One (1} single-family dwelling or modular home per
17 parcel.
(2) Mining, quarrying, and commercial excavation which is
18 exempt from a mining permit and reclamation plan pursuant
to chapter 13 of the Butte County Code.
19 (3) Protection of land and forests from fire, erosion,
20 floods, slides, quakes, insects, diseases and pollution,
including arboretums and natural, experimental and study
21 areas.
(4) Pedestrian, equestrian. and bicycle trails.
22 (5) Agricultural and forestry experimental areas.
(6) The erection, construction, alteration or maintenance
23 of gas, electric, water or communication transmission
facilities, hydro generating projects of five (5) megawatts
24 or less .
25 (7} The use of a single--family residence as a small family
day care home, licensed family care home, foster home, or
2b group home for mentally disordered or otherwise handicapped
persons or neglected children. Said homes shall serve six
27 (6) or fewer persons and shall be subject to all applicable
State regulations and limitations.
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1 (b} Accessory uses:
(1) Those uses and structures normally associated with a
2 single-family residential use and are in conjunction with
or incidental to the residential use, including but not
3 limited to a garage, workshop, garden, private swimming
pool, private tennis court, gazebo, spa, etc.
4 (2} A guest house as defined by section 24--305.175.
(3) Second dwelling unit subject to the requirements of
5 section 24-280.
(4) Agricultural uses including:
6 a. Keeping and raising small animals for domestic use,
including dogs, cats and household pets, poultry and other
~ birds, bees, fish, worms and frogs.
8 b. The keeping of animals, subject to the animal
maintenance requirements of sections 24-255 through 24-
~ 255.15, inclusive, of this Code.
c. Raising and harvesting trees, fruit, grain, flowers,
1~ herbs and other plants and food crops.
d. Display and sale of agricultural goods produced on the
11 premises.
e. Necessary accessory uses, not including storage and
12 processing of goods from nonadjacent land ox land under
different ownership.
13 (c) Uses requiring use permits. The fallowing uses are
14 permitted subject to a use permit:
(1} Mining and commercial excavation requiring a mining
15 permit and reclamation plan pursuant to Chapter 13 of the
Butte County Code, home occupations which might be
16 objectionable because of noise, odor, smoke, dust, bright
light, vibration, pollution, traffic congestion, unsightly
17 storage areas, materials or equipment, the handling of
explosives or dangerous materials or the storage of one
18 hundred (100) or more gallons of flammable fluids.
19 (2} Kennels and animal hospitals on sites not less than
five (5) acres.
2a (3) Private or commercial outdoor recreational facilities
on sites not less than five (5) acres, including, but not
21 limited to, golf courses, recreational clubs, riding
academies and stables, hunting lodges, and camps, boat
22 ramps, and campgrounds.
(4) Public and quasi-public uses.
23 (5} Public tasting rooms in conjunction with a winery on
sites not less than five (5) acres, provided that such
24 tasting room must be accessory to the on-site winery.
25 (6) Wood lots.
(7) Bed and breakfast inns.
26 (8) Mobile home parks subject to the density of the
general plan, in the FR-1 zone only.
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(d} Uses requiring a minor use permit. The following uses
may be permitted subject to the requirements of section 24-
41:
(1} Large family day care facilities subject to the
requirements of section 24-265.
(2) Bed and breakfast home.
(e) Uses requiring an administrative permit. The following
uses may be permitted subject to the requirements of
section 24-40:
(1) Home occupations subject to the requirements of
section 24-270.
(2) Temporary uses as ].fisted in section 24-300.
(3) A temporary mobile home subject to the requirements of
sections 24-295 and 24-295.10.
24-115 M-R (Mountain or Recreation Subdivision-Residential}
Zone.
(a) Uses permitted:
(1) Agricultural and forestry experimental areas.
(2) Arboretums.
(3) Harvesting of wild crops, timber or such as marsh hay,
ferns, moss and berries.
(4) Pedestrian and equestrian trails.
(5) one (~.) single-family dwelling or modular home per
parcel.
(5) The use of a single-family residence as a small 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 shall serve six
(6) or fewer persons and shall be subject to all applicable
state regulations and limitations.
(b) Accessary 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
pool, private tennis court, gazebo, spa, etc.
(2) A guest house as defined by section 24-305.175.
(3) Second dwelling unit subject to the requirements of
section 24-280. (4} Agricultural uses, including the
keeping of animals, subject to the animal maintenance
requirements of sections 24--255 through 24-255.15,
inclusive, of this Code.
(c) Uses requiring use permits. The following uses are
permitted subject to a use permit:
(1) Public anal quasi-public uses.
(2) Private ar commercial outdoor recreational facilities
on sites not less than five (5) acres, including but not
limited to golf courses, recreational clubs, riding
15
academies and stables, hunting lodges and camps, boat
1 ramps, and campgrounds.
2 (d) Uses requiring a minox use permit. The following uses
may be permitted subject to the requirements of section 24-
3 41:
(1} Large family day care facilities subject to the
4 requirements of section 24-165.
(2} Bed and breakfast home.
5 (e) ,Uses requiring an administrative permit. The following
uses may be permitted subject to the requirements of
6 section 24-40:
7 (1) Home occupations subject to the requirements of
section 24-270.
~ (2} Temporary uses as listed in section 24-300.
(3} A temporary mobile home subject to the requirements of
9 sections 24-295 and 24-295.10.
(f) Site requirements:
10 {~.} Minimum lot area. Five (5) acres.
(2) Minimum lot width required. Minimum lot width shall
11 not be less than one hundred thirty (130) feet as measured
along the lot frontage or at the building setback line.
12 (3} Side and rear yard required. Minimum side and rear
13 yard shall not be less than ten (10) feet.
(4} Front yard. Minimum fxont yard setback shall be twenty
14 {20) feet from the edge of the ultimate right-of-way from
all public or private roads except where the road is
15 classified as a federal aid road, in which case the setback
shall be twenty-five (25) feet from the edge of the
16 ultimate right-of-way.
{5) Flexible lot size provisions. Land divisions may be
17 designed and processed in accordance with the flexible lot
size provisions of section 24-82. In such instances, the
18 site requirements described for this zoning district shall
not apply. Land division applications proposing to use the
19 provisions of section 24-$2, shall be so identified.
20 24-120 R-1 through R-4 (Residential) Zones.
21
(a) Purpose and intent. It is the purpose and intent of
22 the residential or "R"" zone to provide suitable areas and
environments for families, individual owners and renters in
23 smaller, relatively compact, single-family dwellings and
multiple-family common wall dwellings. The "R" zone is
24 intended to provide for a mixture of housing types
25 including detached single-family, duplex, triplex,
townhouses, condominiums, apartments and mobile home parks
26 developed to higher densities. The "R" zone is intended to
stabilize neighborhoods of these dwelling types by
27 protecting them from encroachment by incompatible and
potentially destructive uses. The "R" zone will be applied
r~
16
within the urban communities of Butte County designated for
1 low, medium, and high density residential development where
2 urban services are mare fully developed.
(b) Permitted uses. The following are the permitted uses
3 in the zone:
4 N/A = Not allowed, Yes = Permitted use, C = Conditional
permit required
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ZbTle S
R-1 R-2 R-3 R-4
(1.} One (1) single-family dwelling per parcel Yes Yes Yes Yes
(2} General agricultural & large scale gardening,
including farming, horticultural, floriculture,
viticulture, aquaculture & apiaries Yes No No No
{3} One (1) duplex or zero lot line single-
family dwelling (halfplex per parcel) No Yes Yes Yes
(4} Multiple--family dwellings, apartments,
condominiums & townhouses No No Yes Yes
(5} Dwelling groups or separate dwellings on
a single parcel No Yes Yes Yes
{6) Licensed family, foster or group homes in
conjunction with six {S) or fewer individuals on
a twenty-four--hour basis Yes Yes Yes Yes
(7) The use of a single-family residence as a
small family day car home, licensed family care
home, foster home, or group home for mentally
disordered or otherwise handicapped persons or
neglected children. Said homes shall serve six
(6) or fewer persons & shall be subject to all
applicable state regulations & limitations. Yes Yes Yes Yes
(c) Accessory uses. The following uses are the accessory uses
permitted in an "R" zone.
Zones
R-1 R-2 R-3 R-4
(1} Guest homes, not rented, subject to the Yes Yes Yes Yes
provisions of section 29-305.175
(2) Second dwelling unit subject to the Yes Yes Yes Yes
requirements of section 24-280 & solely with
a single-family dwelling per parcel
(3) Rooming and boarding subject to the Yes Yes Yes Yes
provisions of section 24-240
(4} Vehicle, camper, trailer & boat storage
subject to the provisions of section 24-240 Yes Yes Yes Yes
(5} Pets & small animals (but not including
livestock, poultry or poisonous reptiles} Yes Yes Yes Yes
(6) Private garages & parking areas No Yes Yes Yes
(7) Fences & hedges up to forty-two (42) inches
high within front yard setback areas & up to six
(6) feet high along side and rear property lines Yes Yes Yes Yes
(8) Other accessory uses & structures
customarily appurtenant & clearly incidental to
a permitted use Yes Yes Yes Yes
(d) Uses requiring a use permit. The following are conditional uses in
an "R" zone. The following uses may be conditional and require a use
permit if applicable:
17
1 Zones
R-1 R-2 R-3 R-4
2
(1) Mobile home parks meeting the standards of
~ sections 24-305.2$5 & 24-205 (MHP) C C C C
(2) Public & quasi-public buildings, structures
4 & uses of an administrative, educational, religious,
cultural, communications & public service nature C C C C
{3) Rest homes, convalescent homes & sanitariums
5 for more than six (6) residents C C C G
{4} Licensed family, foster ar group homes in
6 conjunction with seven (7) or more persons & day
care facilities for twelve {12} children C C C G
~ {5} Private kindergarten, elementary, secondary
or post-secondary schools C C C C
8 {6) Social halls, lodges, fraternal organizations
& clubs operated by recognized nonprofit
9 organizations C C C C
{7) Hospitals N/A N/A G C
(8} Medical & dental clinics & offices C C C C
1~ (9) Sales tract offices Yes Yes Yes Yes
{10} Neighborhood commercial N/A N/A C C
11
(e) Uses requiring planning manager action. The following uses will
12 require approval or action by to planning manager:
Zones
13 R-1 R-2 R-3 R-4
14 (1) Large family day care facilities subject
to the requirements of section 24-265 MU MU MU MU
{2)A temporary mobile home subject to the
15 requirements of sections 24-295 & 29-295.10 A A A A
{3} Bed & breakfast home MU MU Yes Yes
16 {4) Home occupations subject to the provisions
of section 24-270 A A A A
17 (5}Temporary uses subject to the provisions
of section 24-300 A A A A
18
19
20
21
22
23
24
25
2b
27
nn
A = Administrative permit required
MU = Minor use permit required
Yes = Permitted use
24-125 R-N (Residential-Nonconforming) Zane.
(a) Uses permitted:
(1) One (1) single-family dwelling or modular home per
parcel.
(2) The use of a single-family residence as a small 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 shall serve six
(6) or fewer persons and shall be subject to all applicable
state regulations and limitations.
18
1 {b) Accessory uses:
(1) Those uses and structures normally associated with a
2 single-family residential use and are in conjunction with
or incidental to the residential use, including but not
3 limited to a garage, workshop, garden, private swimming
pool, private tennis court, gazebo, spa, etc.
4 (2) A guest house as defined by section 24-305.175.
(3) A second dwelling unit pursuant to section 24-280.
5 (4} Household pets, but not including livestock, poultry
or poisonous reptiles.
6 {c} Uses requiring use permits. The following uses are
permitted subject to a use permit:
7 (1} Duplex dwellings, multiple single-family dwellings,
8 and multiple-family dwellings.
{2) Dublic and quasi-public uses.
9 (d) Uses requiring a minor use permit. The following uses
may be permitted subject to the requirements of section 24-
10 41:
(1) Large family day care facilities subject to the
11 requirements of section 24-265.
(2) Bed and breakfast home.
12 {e) Uses requiring an administrative permit. The fol. ].owing
uses may be permitted subject to the requirements of
13 section 24-40:
14 (1) Home occupations subject to the requirements of
section 24-270.
IS (2) Temporary uses as listed in section 24-300.
(3) A temporary mobile home subject to the requirements of
lb sections 24-295 and 24-295.10.
(f) Lot area and width. The standard provision of section
17 24-75 shall apply.
{g) Front yard requirements. The standard provision of
18 section 24-75 shall apply, except the setback of
19 nonconforming existing structures which are being
rehabilitated or expanded.
20 (h) Side yard requirements. The minimum side yard required
is three {3) feet, provided the sum of both side yards
21 shall be equal to or greater than ten (10) percent of the
average lot width. Where nonconforming existing structures
22 are being rehabilitated or expanded, the minimum side yard
shall. be the existing setback distance on that side.
23 {i) Rear yard requirements. The standard provisions of
section 24-75 shall apply.
24 {j) Off-street parking. The provisions of section 24-240
notwithstanding, one (1) off-street parking space shall be
25 required per dwelling unit. This requirement is waived
26 where existing off-street parking space is absorbed by
expansion of an existing dwelling as part of an approved
27 rehabilitation project of the county's housing and
community development program.
19
~ 24-130 RT-1 through RT-1A (Residential-Mobile Home) Zones.
2 The following permitted uses, uses requiring a use permit,
3 and administrative uses shall apply to all zones RT-1
through RT-1A. Uses that are unique to a particular zone
~ and site requirements for each zone will be listed
separately.
5 (a) Uses permitted:
(1} One (1} single family dwelling or modular home per
6 parcel.
7 {2) The use of a single-family residence as a small 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 shall serve six
9 (6} or fewer persons and shall be subject to all applicable
state regulations and limitations.
~p {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
12 limited to a garage, workshop, garden, private swimming
13 pool, private tennis court, gazebo, spa, etc.
(2) A guest house as defined by section 24-305.175.
14 (3) A second dwelling unit pursuant to section 24-280.
(4} Household pets, but not including livestock, poultry
~$ or poisonous reptiles.
(c) Uses requiring use permits. The following uses are
lb permitted subject to a use permit:
(1} Golf courses and country clubs.
17 {2} Public and quasi-public uses.
(3) Sales tract office.
18 (d} Uses requiring a minor use permit. The following uses
~~ may be permitted subject to the requirements of section 24-
41:
20 (1) Large family day care facilities subject to the
requirements of section 24-265.
21 {e) Uses requiring an administrative permit. The following
uses may be permitted subject to the requirements of
22 section 24-40:
(1} Home occupations subject to the requirements of
23 section 24-270.
(2) Temporary uses as listed in section 24-300.
24 (3) A temporary mobile home subject to the requirements of
sections 24-295 and 24-295.10.
25
26 24-135 SR through SR-5 {Suburban Residential) Zones.
27 The following permitted uses, uses requiring a use permit,
and uses requiring an administrative permit shall apply to
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20
all zones SR through SR-5. Site requirements for each zone
1 will be listed separately.
2 {a) Uses permitted:
(1) One (1) single-family dwelling or modular Name, per
3 parcel.
{2) The use of a single-family residence as a small family
4 day care home, licensed family care home, foster home, or
group home for mentally disordered or otherwise handicapped
5 persons or neglected children. Said homes shall serve six
(6) or fewer persons and shall. be subject to all applicable
6 state regulations and limitations.
,~ (b) Accessary uses:
{1} Those uses and structures normally associated with a
8 single-family residential use and are in conjunction with
or incidental to the residential use, including but not
9 limited to a garage, workshop, garden, private swimming
pooh., private tennis court, gazebo, spa, etc.
10 (2) A guest house as defined by section 24-305.175.
(3) A second dwelling unit pursuant to section 24-280.
11 (4) Agricultural uses, including the keeping of animals,
subject to the animal maintenance requirements of sections
12 24--255 through 24-255.15, inclusive, of this Cade.
13 (c) Uses requiring use pexmits. The following uses are
permitted subject to a use permit:
14 (1) Golf courses and country clubs.
(2} Public and quasi-public uses.
1S (3) Sales tract office.
(d) Uses requiring a minor use permit. The following uses
16 may be permitted subject to the requirements of section 24-
41:
17 (1} Large family day care facilities subject to the
requirements of section 24-265.
18 {e} Uses requiring an administrative permit. The following
19 uses may be permitted subject to the requirements of
section 24-40:
20 (1) Home occupations subject to the requirements of
section 24-270.
21 (2} Temporary uses as listed in section 24-300.
{3) A temporary mobile home subject to the requirements of
22 sections 24--295 and 24-295.10. {
24-155 H-C (Highway Commercial) Zone.
23 (a) Uses permitted:
{1) One (1) single-family dwelling ox modular home per
24 parcel.
{2) The use of a single-family residence as a small family
25 day care home, licensed family care home, foster home, or
26 group home for mentally disordered or otherwise handicapped
persons or neglected children. Said homes shall serve six
27 (6) or fewer persons and shall be subject to all applicable
state regulations and limitations.
2 ~.
1 (b) Accessory uses:
~ (1) Those uses and structures normally associated with a
single-family residential use and are in conjunction with
3 or incidental to the residential use, including, but not
limited to, a garage, workshop, garden, private swimming
4 pool, private tennis court, gazebo, spa, etc.
(2} A guest house as defined by section 24-305.175.
5 (3) Second dwelling units subject to the requirements of
section 24-280.
6 (c} Uses requiring use permits. The following uses are
permitted subject to a use permit:
~ (1) Duplex, multi-family dwellings, bed" and breakfast
~ inns, and multiple single-family residences.
(2) Hotels and motels, clubs, lodge halls, hospitals,
9 sanitariums and clinics.
(3) Retail stores and shops of light commercial character
10 as listed in the C-1 zoning district.
(4) Outdoor advertising signs, new automobile sales,
11 amphitheaters and theaters, small animal hospitals, dance
academies, pet shops, mortuaries, used car sales, used ar
12 secondhand goads, refreshment stands, service stations,
drive-in restaurants and other uses which are of similar
13 character.
14 (5) Recreational vehicle and mobile home parks.
(6) Public and quasi-public uses.
15 (7) Recycling facilities as per section 24-275.
(d} Uses requiring a minor use permit: The following uses
16 may be permitted subject to the requirements of section 24-
41.
17 (1) Large family day care facilities subject to the
requirements of section 24-265.
18 (2} Bed and breakfast home.
19 (e) Uses requiring an administrative permit: The following
uses may be permitted subject to the requirements of
2~ section 24-40:
(1) Home occupations subject to the requirements of
21 section 24-270.
(2) Temporary uses as listed in section 24-300.
22 (3) A temporary mobile home subject to the requirements of
sections 24-295 and 24-295.10.
23 (f} Site requirements: The requirements of section 24-75
of this Code are modified in the following particulars for
24 building sites in H-C zones:
25 (1) Lot width required: Minimum lot width shall not be
less than sixty-five (65).
26 (2) Side yard requirements: None, except when the side of
a lot abuts upon the side of a lot that is zoned to allow a
27 residential use, in which case the abutting side yard shall
not be less than ten (10) feet. The side yard requirements
22
for residential uses shall conform to section 24-75 of this
1 Code.
2 (3) Rear yard: None, except where the rear yard abuts a
lot that is zoned for to allow a residential use, in which
~ case the rear yard shall be not less than ten (10} feet.
The rear yard requirements for residential uses shall
4 conform to section 24-75 of this Code.
5 24-160 N-C (Neighborhood Commercial) Zone.
6
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10
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14
15
16
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20
21
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(a} Purpose: The purpose of the neighborhood commercial
(N-C) zone is to provide a limited selection of retail
convenience shopping and personal services within either
walking distance or brief driving distance of residential
areas. Buildings, structures, edifices, and uses shall be
designed in such a manner as to blend architecturally with
surrounding areas and shall be compatible and neighboring
uses.
(b} Uses permitted within buildings. The following uses
are permitted in the N-C zone if conducted within a
building:
(1) Market or grocery stores, drugstores, hardware stores,
variety stores, jewelry stores, bookstores, barbershop,
beauty salon, florist, confectionery store, dry cleaning,
laundry or laundromat, locksmith, restaurants and
delicatessens that do not have drive through service, shoe
repair and similar personal services.
(2} Professional offices, such as doctors, dentists,
insurance or real estate.
(3) One (1} single-family residence per parcel or a
single-family residence, when attached to the main building
in which the commercial use exists, and the residence is
inhabited by the owner, employee, or operator of the
commercial use. Any permit required for the commercial use
must first be secured.
(c} Uses requiring a use permit:
(1) Auto service station, self-service and non-self-serve
auto wash.
(2) Public and quasi-public uses.
(3} Recycling facilities as per section 24-275.
(d) Uses requiring a minor use permit: The following uses
may be permitted subject to the requirements of section 24-
41:
(1) Large family day care facilities subject to the
requirements of section 24-265.
(e} Uses requiring an administrative permit: The following
uses may be permitted subject to the requirements of
section 24-40:
(1) Home occupations subject to the requirements of
section 24-270.
23
1 (2) Temporary uses as listed in section 24=300.
(3) Reverse vending machine and small collection recycling
2 facilities pursuant to section 24-275.
(4) Temporary second dwellings subject to the requirements
3 of sections 24-295 and 24~-295.10.
(f) Site development standards. The following development
q, standards shall apply to all development in the N-C zone,
except that specific standards may be modified by use
5 permit if the approving body finds that the modification is
necessary to provide a superior project design over what
6 would ordinarily occur with the basic standards and that
the modified project fits harmoniously with the surrounding
7 area.
~ (1) Maximum structural height: Forty (40) feet.
(2} Minimum building site area: Ten thousand (10,000)
9 square feet.
(3} Minimum lot width: The minimum lot width is sixty-five
10 (65} feet.
(4} Minimum front yard required: Twenty (20) feet for all
11 buildings or structures except that off-street parking
areas shall have a minimum of ten (10) feet.
12 (5) Manamu~n side yard required: None, except where the
13 suede of a lot abuts upon the side of a lot that is zoned to
allow residential uses, in which case the abutting side
14 yard shall be not less than the side yard required for the
residential district. The street side of a corner lot shall
15 have a twenty (20) foot setback far all buildings or
structures except that off-street parking areas shall have
16 a minimum of ten (10) feet.
(5) Minimum rear yard required: None, except that it shall
17 be twenty-five (25) feet when adjacent to a zone that
allows a residential use.
18 (7} Parking required: Off-street parking and loading shall
19 be provided in conformance with the provisions of section
24-240, said parking areas shall be paved and striped to
20 county standards.
(8) Landscaping: Landscaping requirements shall be
21 provided in conformance with the provisions of section 24-~
240.10.
22 (9) Outdoor lighting required: All lighting, exterior and
interior, shall be designed and located so as to confine
23 direct lighting to the premises. A light source shall not
shine upon or illuminate directly on any surface other than
24 the area required to be lighted. No lighting shall be of
25 the type or in a location such that it constitutes a hazard
to vehicular traffic, either on private property or on
26 abutting streets.
(10} Signs: Building signs shall. not exceed a combined sate
27 of one (1) square foot an area for each lineal foot of
building frontage.
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24
1 (11) Outdoor trash storage: All outdoor trash storage and
2 collection facilities shall be enclosed by a solid masonry
wall or view-obscuring fence at least one (1) foot higher
3 than the trash container.
{12} Zone walls: Where a commercial use adjoins a
4 residential zone or use, the following shall apply:
Install and maintain a sound-deadening wall (such as
5 slumpstone) of six {6} to eight (8} feet in height or a
planted berm six (6) feet in height or a combination wall
6 and berm on any exterior boundary line which is a common
property line with any residential zoning district.
~ a. The wall shall not exceed three (3) feet in height
~ within. twenty (20) feet of the-right-of-way.
b. Where a topographic, natural vegetative barrier or a
9 grade differential exists between the two (2) properties or
if there is a significant distance between the uses that
lp will provide the same buffering, exceptions to the wall or
berm regulations may be made, in whole or in part with
11 review and approval by the director of development
services.
12 (13) Noise. Noise generated by the commercial use shall be
restricted to sixty (60} dB at the common property line for
13 a period of six (6) hours per day with no noise exceeding
14 eighty ( 8 0 ) dB .
15 24-165 R-P (Residential-Professional Office) District.
16 (a) Purpose and intent. It is the purpose of the
residential-professional office or R-P zone to allow
17 development of professional offices in the vicinity of
commercial- zones, multiple-family residential zones, and
18 along major thoroughfares, and to preserve the desirable
characteristics of the residential environment insofar as
14 possible while permitting selected, nonresidential uses.
20 (b) Permitted uses. The following are the principal
permitted uses in the R-P zone:
21 (1) Uses permitted in an R-1 district as set out in
section 24-120.
22 (2) Offices occupied by accountants, architects, dentists,
physicians, engineers, attorneys, drugless practitioners,
23 electrologists, geologists, optometrists and psychologists.
(3) No provision of this section shall be construed as
24 permitted the storage of commercial vehicles in excess of
25 one-and-one-half-ton carrying capacity, except private,
passenger-type vehicles.
26 (4} The use of a single-family residence as a small family
day care home, licensed family care home, foster home, or
27 group home for mentally disordered or otherwise handicapped
persons or neglected children. Said homes shall serve six
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1 (6} or fewer persons and shall be subject to all applicable
2 state regulations and limitations.
(c) Accessary uses. The following are the accessory uses
3 permitted in an R-P zone:
{1} Accessory uses as set out in section 24-120 for R-1
¢ distracts, when the primary land use is single-family
residential.
5 {2} Noncommercial storage areas not to exceed fifteen {15)
percent of the gross floor area of the office or
6 residential structure.
7 (d) Conditional. uses. The following uses are permitted in
the R-P zone subject to obtaining a use permit in each
~ case:
{1) Uses permitted in an R-~2 zone as set out in section
9 24-120.
(2) Offices for other professions the planning commission
1p determines are similar to those enumerated in subsection
(b} (2} .
11 (3} Public and quasi-public uses.
(e} Uses requiring as minor use permit. The following uses
12 may be permitted subject to the requirements of section 24-
41.
13 {1} Zarge family day care facilities subject to the
14 requirements of section 24-265.
(2} A bed and breakfast home.
15 (f) Uses requiring an administrative permit. The following
uses may be permitted subject to the requirements of
16 section 24-40:
(1} Home occupations subject to the requirements of
17 section 24-270.
(2} Temporary uses as listed in section 24-300.
18 {3} A temporary mobile home subject to the requirements of
sections 24-295 and 24-295.10.
19 (g) Development standards. The fallowing minimum
20 requirements shall be observed, except where specifically
modified for conditional uses:
21 (1} Area requirements. The building site area requirements
in the R-P zone are as follows:
22 a. Minimum lot width for all lots except corner lots,
sixty-five (65) feet at the setback line.
23 b. Minimum lot area, six thousand five hundred (6,500}
square feet for all lots, except corner lots.
24 c. Minimum corner lot width, seventy {70} feet at the
setback line.
2S d. Minimum corner lot area, seven thousand (7,000) square
26 feet .
e. Maximum aggregate building coverage, twenty-five (25)
27 percent on individual parcels of up to two (2) acres, fifty
(50) percent coverage on parcels of two (2) acres or more.
~~
26
1 (2} Height requirements. The maximum height requirements
in the R-P zone are as follows:
2 a. For main buildings, thirty-five (35) feet.
b. For accessory buildings, twenty-five (25) feet.
3 (3} Yard requirements. The following yards are required in
the R-P zone:
4 a. Front yard--Professional use. The minimum required
front yard shall be twenty (20) feet from the edge of the
5 ultimate right-of-way, but in no case less than fifty-five
{55) feet from the center lane of the adjacent road.
~ b. Front yard--Residential use. The minimum required
front yard shall be twenty (20) feet from the edge of the
7 ultimate right-of-way, but in no case less than sixty-five
8 (65) feet from the center line of the adjacent road.
c. Side and rear yards. The minimum side and rear yards
9 shall be five ( 5 } feet . In the event the parcel abuts a
residential zone or construction will exceed twenty (20)
10 feet in height, side and rear yard setbacks shall be ten
(10) feet.
11 d. Special yards and distances between buildings:
1. bistance between buildings in any dwelling group, ten
12 (10} feet.
2. Inner court providing access to double-row dwelling
13 group, minimum twenty (20) feet.
14 (4) Off-street parking. Off-street parking shall be
provided in an amount not less than that set forth in the
15 regulations of section 24-240. Design and location of all
off-street parking areas shall be approved by the planning
16 division in advance. Parking lots shall be designed so that
vehicles do not exit by backing out onto the adjacent
17 roadway.
(5) Access:
18 a. R-P uses shall have frontage on a public street.
b. R-P uses on parcels of less than two {2) acres will be
19 served by one (1) encroachment, one (1) curb cut per street
20 frontage.
c. R-P uses on parcels of two (2) acres or mare may be
21 served by more than one {1) encroachment and curb cut per
frontage.
22 d. Access from the public right-of-way to the parking
area serving an R-P use shall be a minimum of twelve (12}
23 feet paved width.
{h) Other standards and requirements:
24 (1) Fences, shrubs, plantings. The requirements for
fences, shrubs, screen plantings, etc., in the R-P Zone are
25 as provided in Section 24-120C. of this Code. If the
26 Property abuts a residential district, a six-and-one-half
(612} foot sight-obscuring wall or fence shall be
27 constructed along the common line in compliance with the
setbacks.
27
1 (2} Public improvements. Existing structures converting to
offices or duplexes under the R-P Zone shall be treated as
2 new construction for purposes of road improvements, curb,
gutter, sidewalk, provisions for drainage, or payment of
3 applicable development fees.
(3) Signs.
4 a. Allowed by right. Signs attached to a building face,
not extending past the roof line, limited to not more than
5 two (2) per parcel or not mare than thirty-five (35) square
feet of aggregate area per street frontage.
6 b. Subject to a minor use permit. Any monument-type sign,
limited to one {1) per street frontage for each parcel, not
~ exceeding thirty-five (35} square feet per sign.
~ c. Subject to a use permit. Any sign exceeding the size
limitation in subsection (2), but not exceeding seventy
~ {7p) square feet for any individual sign.
(4) Administrative permit required. Pxior to commencement
lp of construction or issuance of building permits in the R-P
zone, an administrative permit, along with any necessary
11 fees, shall be submitted to the planning division for
approval, showing the following:
12 Site layout.
Building facade details.
13 Access.
14 Parking.
Landscaping.
15 All improvements.
Other pertinent features.
16 (5) Office complexes. Office complexes axe a more
efficient use of land and resources than single offices on
17 individual lots. To promote office complexes on parcels of
two (2) acres or larger in size, these incentives are
18 offered:
a. A ten (1Q) percent reduction in parking spaces
19 otherwise required by the zoning ordinance.
20 b. Maximum aggregate building coverage ratios as
enumerated in subsection (3) will be waived where sewage
21 and drainage flows can be met.
c. Sign area may be increased from thirty-five (35}
22 square feet to a maximum of seventy (70) square feet.
d. These incentives may not be used in conjunction with
23 any other incentive.
(6) Coordination with specific plans. Any building permit
24 application for development of an R-P use or conversion of
an existing structure shall not be approved if inconsistent
25 with an applicable specific plan.
26 (7) Building permit applications. Building permit
applications within a specific plan area shall include:
27 a. Pxoof that required infrastructure improvements have
been installed or bonded.
28
b. Planning division approval of the site layout.
1
2 24-190 TM-1 through TM-160 (Timber Mountain} Zones.
3 The following permitted uses, uses requiring a use permit,
and uses requiring an administrative permit shall apply to
¢ all zones TM-1 through TM-160. Site requirements far each
zone will be listed separately.
5 (a) Uses permitted:
(1} One (1) single-family dwelling or modular home per
6 parcel.
7 {2) Management, raising, harvesting and removal of trees,
shrubs, seedlings, flowers, herbs and all food crops for
8 human or animal consumption.
(3) Prospecting, claiming, drilling, mining, excavating
9 and dredging of mineral, hydrocarbon and geothermal
resources, and exploratory seismology testing, subject to
10 the requirements of chapter 13 of the Butte County Code and
except as limited in paragraph (c} below.
11 (4) Protection of land and forests from fire, erosion,
floods, slides, quakes, insects, diseases and pollution,
12 including arboretums and natural wilderness, experimental
and study areas.
13 (5) The erection, construction, alteration or maintenance
14 of gas, electric, water or communication transmission
facilities, including hydro generating projects of five (5)
15 megawatts or less.
(6) The use of a single-family residence as a small family
16 day care home, licensed family care home, foster home, or
group home for mentally disordered or otherwise handicapped
17 persons or neglected children. Said homes shall serve six
(6) or fewer persons and shall be subject to all applicable
18 state regulations and limitations.
19 (b) Accessory uses:
(1) Those uses and structures normally associated with a
20 single-family residence and are in conjunction with or
incidental to the residential use, including but not
21 limited to a garage, workshop, shed, garden, private
swimming pool, private tennis court, gazebo, spa, etc.
22 (2) A guest house as defined by section 24-305.175.
(3) A second dwelling unit pursuant to section 24-280.
23 (4) Keeping and raising small animals for domestic use,
including dogs, cats and household pets, poultry and other
~~ birds, bees, fish and frogs.
25 (c) Uses requiring use permits. The fallowing uses are
permitted subject to first a use permit:
26 (1) Residential uses other than one (1) single-family
dwelling per parcel, including labor camps, commercial
27 guest lodging, group quarters or dwelling units at greater
densities.
29
1 (2) Commercial wood processing plants.
2 (3) Kennels and animal hospitals.
(4} Commercial livestock feed yards.
3 (5) Animal product processing plants.
(6} Mining, quarrying and excavating activities which
4 might be objectionable by reason of noise, odor, smoke,
dust, bright light, vibration, stream pollution ar handling
5 of explosives or dangerous materials.
(7) Commercial boat ramps, docks and landing facilities.
6 (8) Aircraft landing facilities.
(9) Disposal areas and sewage treatment facilities.
7 (10) Public and quasi-public uses.
8 (11) Private or commercial outdoor recreation facilities on
sites of not less than five (5) acres, including country
9 clubs, golf courses, riding academies and stables, hunting
and fishing camps and other clubs, and gun clubs and
10
11
12
13
14
15
16
17
1$
19
20
21
22
23
24
25
26
27
ranges.
(12) Public tasting roams in conjunction with a winery on
sites not less than five (5) acres, provided that such
tasting room must be accessory to the on-site winery.
(d) Uses requiring a minor use permit. The following uses
may be permitted subject to the requirements of section 24-
41:
(1) Large family day care facilities
requirements of section 24-265.
(e} Uses requiring an administrative
uses may be permitted subject to
section 24-40:
(1) Home occupations subject to
section 24-270.
subject to the
permit. The following
the requirements of
the requirements of
(2} Temporary uses as listed in section 24-300.
(3) A temporary mobile home subject to the requirements of
sections 24-295 and 24-295.10.
24-210 PUD (Planned Unit Development) Zone.
(a) Purpose. The purpose of the Planned Unit Development
(PUD) Zone is to allow diversification in the relationship
of various uses, buildings, structures, lot sizes and open
spaces, to encourage and take advantage of opportunities
for more integrated, flexible and superior design than is
available through the application of conventional
regulation which anticipates individual lot development. It
is the intent of this zone to provide a flexible means to
implement the goals, policies and programs of the Butte
County general plan while ensuring the provision of
adequate standards to protect the public health, safety and
general welfare. It is also the purpose of this zone to
encourage innovative, high-quality design, efficient use of
30
1 land and modern site planning far residential, agriculture,
2 commercial and industrial purposes.
{b} Adoption and use limitations. A planned unit
3 development {PUD} zone shall be established by the adoption
of an ordinance by the board of supervisors rezoning the
~ property to the Planned Unit Development done and adopted
by reference a land use and development plan, the
5 provisions of which, together with any other provisions
which in the opinion of the board of supervisors are
b necessary and included in the ordinance, shall constitute
the regulations for the use, improvement and maintenance of
7 the property within the boundaries of the zone. Except as
8 hereinafter provided, no use, building, structure or parcel
may be made, created or otherwise altered except as it
9 complies with the ordinance adopted pursuant to this
chapter.
1p {c) Land use density area. The residential land use
density of any planned unit development zone shall not
11 exceed that allowed by the Butte County general plan
designation for the proposed site. (d) Preapplication
12 conference. Before filing any application for planned unit
13 development zoning, the prospective applicant is encouraged
to submit to the planning division preliminary plans,
14 sketches and basic site information for consideration and
advice as to the relationship of the proposed development
15 to the applicable general and specific plans and policies.
Other departments and agencies with responsibilities for
16 review, comment or other regulation of the proposed
development may participate at the discretion of the
17 director of development services, and with the
participation of appropriate responsible agencies, pursuant
18 to section 210800.3 of the Public Resources Code and
19 section 15066 of the California Environmental Quality Act
{CEQA} Guidelines.
20 {e) Development criteria. xn addition to the criteria
listed on the attached sheet jof Ordinance No. 3176], the
21 following items are required:
(1) Each PUD shall, as a minimum, provide off-street
22 parking in accordance with chapter 24, off-street parking.
Additional parking equal to fifty (50) percent of the
23 required spaces shall be provided unless modified by the
director of development services or planning commission.
24 (2) In residential PUDs, plans shall provide that not less
than twenty-five (25) percent of the residential portion of
25 the project shall be utilized for purposes other than
2b residential dwellings and paved areas for vehicular uses.
No less than forty-five (45) percent of such twenty-five
27 {25} percent shall be utilized for recreation or park areas
available for use by all residents. The same criteria for
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31
1 open space area shall apply to agricultural PUDs which may
2 or may not include residential uses.
(3} Each industrial or commercial PUD shall provide that
3 not less than ten (10) percent of the project shall be
developed as landscaped areas.
4 (4) Each PUD shall obtain tentative clearance from the
Butte County health division, division of environmental
S health, for sewage disposal and water supply for the
project at the density proposed. Soil tests, drilling of
b test wells or geologic reports are among the steps that may
be required to provide evidence of sewage disposal
7 capability and water availability for domestic use. Minimum
8 lot areas for septic systems must comply with section 20-
120.7. of the Butte County subdivision ordinance and
9 appendix VII of the improvement standards for subdivisions.
(f) Applying for a rezone to PUD. 'the planned unit
10 development is intended to allow diversification in the
relationship of various uses, buildings, structures, lot
11 sizes and open spaces while ensuring substantial compliance
with the general plan and the intent of the County Code in
12 requiring adequate standards necessary to satisfy the
13 requirements of public health, safety and general welfare.
Each application for a rezone to PUD shall include:
14 (1) A completed rezoning application form.
(2) A completed environmental information appendix "E"'
15 form.
(3} Copies, as specified in the rezone application, of a
16 preliminary development plan and a reproducible master, the
plan should be drawn to scale and indicate:
17 a. Proposed use(s) of all land in the subject area.
b. Existing natural land features and topography of the
18 subject area.
19 c. Circulation plan for all vehicular and pedestrian
ways, including typical section of roadways.
20 d• Metes and bounds of the subject property.
e. Location and dimensions of all existing structures.
21 f. Locations of landscaping, parking areas, fire
hydrants, street lighting, typical proposed structures,
22 sewage disposal and water supply systems.
g. Preliminary grading for the development.
23 (4} A title report which includes a written legal
description of the subject area, that report to be not more
24 than six (6) months old.
25 (5) A preliminary report on provisions for and location. of
storm drainage, sewage disposal anal public utilities.
26 (6) A statement which describes the organization of any
proposed homeowners' association, listing the intended
27 covenants, conditions and restrictions.
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32
(7) A statement from the applicant explaining how the
1 proposed development conforms to, and is consistent with,
2 the general plan.
(8) Include a statement that describes the intended height
3 and bulk of the structures and their relationship to the
surrounding areas.
4 (9) A statement concerning any proposed phasing of the
project, indicating the sequence and timing of each phase,
S specifying whether any second dwelling units wi11 be
allowed as part of a single-family residential PUD
6 development, and how each unit would independently
constitute reasonable and orderly development of the area.
7 Additional information may be required by the planning
8 commission or board of supervisors at the time of any
public hearing.
~ (g) Application. Any application for rezoning to planned
unit development shall be accompanied by a proposed
10 development plan to be reviewed far tentative map approval
pursuant to chapter 20 of the Butte County Code. All
11 applicable fees will be submitted as part of the
application. Such fees will include those required for a
12 tentative subdivision map application. As to form and
content, the proposed development plan map and the review
13 process shall conform to the requirements of this Code for
14 a tentative map. The director of development services shall
set the application for hearings as in the case of other
1S rezoning and tentative map applications. After reviewing
the recommendations from the planning commission, the board
16 of supervisors will approve/deny the tentative map at the
same hearing as the PUD rezone is approved/denied. (
17
18 24-225 S-H (Scenic Highway) Zone.
19 (a) Uses permitted:
(1) Lawful uses of land established at the time a district
20 was originally zoned S-H.
(2) One (1) residential dwelling or modular home per
21 parcel.
22 (3) The use of a single-family residence as a small family
day care home, licensed family care home, foster home, or
23 group home for mentally disordered or otherwise handicapped
persons or neglected children. Said homes shall serve six
24 (6) or fewer persons and shall be subject to all applicable
state regulations and limitations.
25 (b) Accessory uses:
(1) Those uses and structures normally associated with a
26 single-family residential use and are in conjunction with
or incidental to the residential use, including but not
27 limited to a garage, workshop, garden, private swimming
pool, private tennis court, gazebo, spa, etc.
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33
1 (2) A guest house as defined by section 24-305.175.
(3) A second dwelling unit pursuant to section 24-280.
2 (4) Household pets, but not including livestock, poultry
or poisonous reptiles.
3 (5) Agricultural uses and buildings.
{c} Uses requiring use permits. The following uses are
4 permitted subject to a use permit:
(1) Schools (including private, vocational, or craft
5 schools), public and quasi-public uses, roadside stands for
the sale of produce from the land fronting the highway
6 within the district; and
~ {2} Highway services primarily for the convenience of the
traveling public and including:
8 a. Gasoline service stations.
b. Restaurants.
9 c. Motels and trailer courts.
d. Public and quasi-public buildings and professional
10 buildings.
(d) Uses requiring a minor use permit. The following uses
11 may be permitted subject to the requirements of section 24-
41:
12 {1} Large family day care facilities subject to the
requirements of section 24-265.
13 (e) Uses requiring an administrative permit. The following
14 uses may be permitted subject to the requirements of
section 24-4D:
15 {1} Home occupations subject to the requirements of
section 24-270.
16 (2) Temporary uses as listed in section 24-300.
(3) A temporary mobile home subject to the requirements of
1~ sections 24-295 and 24-295.10.
(f) Signs. No signs, billboards or advertising displays
18 shall be erected within the district except signs
advertising only the sale or lease of land upon which the
19 sign is placed, or the products grown or raised upon such
20 property, and established or permitted uses on such
property except the following:
21 (1) Directional signs are permitted in advance of an
entrance to a frontage road or intersection where
22 businesses that serve the highway users (i.e., phones,
roadside businesses, hospitals, motels, rest areas,
23 campgrounds and next services) are available and installed
in accordance with State of California Division of Highways
24 Planning Manual of Instructions.
25 (2) Historical landmark signs are permitted in advance of
an entrance to a frontage road or intersection with the
26 most direct access road to guide traffic to a registered
landmark and installed in accordance with State of
27 California Division of Highways Planning Manual of
Instructions.
34
1 (g) Site requirements. The provisions of section 24-75
shall apply.
2 24-230 U (Unclassified) Zone.
3
{a) Purpose and intent. All the unincorporated area of the
4 County of Butte not otherwise zoned by ordinance by the
board of supervisors is hereby zoned as a U (unclassified}
5 district, and such district is defined and subject to the
following regulations.
6 {b} Permitted uses. The following are the principal
permitted uses in the U zone:
~ (1) Single-family dwelling per parcel and accessory
8 buildings.
(2) Agricultural uses and buildings.
9 (3) Small hydro generating plants of five (5) megawatts or
less.
10 (c) Accessory uses.
{1} A second dwelling unit pursuant to section 24-280.
11 Second dwelling units are allowed in those General Plan
land use designations where residential is a primary use,
12 i.e. Agricultural Residential, Foothill Area Residential,
Low Density Residential, Medium Density Residential and
13 High Density Residential, and the Grazing and Open Land
14 designation unless the land is in an excluded area per
section 24-280 {b) of chapter 24 of the Butte County Code.
15 (d) Uses requiring a use permit. The following are
conditional uses in a U zone:
I6 (~-) Multiple-family dwellings, including duplexes, subject
to the density specified by the general plan. Second
17 dwelling units and temporary second dwellings do not have
to meet the general plan density requirements.
18 (2) Commercial uses of land or buildings.
19 (3) Recreational vehicle parks.
{4) Campsites.
20 (5) Public and quasi-public uses.
(6} Junkyards, secondhand stores, auto wrecking yards,
21 used car lots, trailer sales and equipment sales.
(7) Commercial distillation. of bones, abattoirs, auction
22 yards, commercial livestock feed yards, commercial
millings, canneries, lumber and lumber processing,
23 tanneries, fat rendering, garbage-fed commercial hog
raising, food and agriculture product processing plants.
24 (g} Country clubs, golf courses, racetracks, drive-ins,
ball parks, riding academies, bowling alleys, commercial
25 amusement enterprises, taverns, dance halls and other
26 places of recreation of a similar character.
(9) Kennels and small animal hospitals axad crematories.
27 (~.0} Trailer courts, construction labor camps.
(11) Commercial airports (excepting individual or private
35
airports and those operated exclusively for agricultural
1 purposes}.
2 (12} Cemeteries, crematories, mausoleums or other places of
the burial or other disposal of the human dead,
3 (13) Storage of inflammables (excepting for agricultural
purposes).
4 (14) Dumping and disposal areas.
(15) Manufacturing of acids, explosives, fertilizer, glue,
5 gypsum, lime, plaster of paris, pulp and paper, beet sugar,
crushed rock, sand and gravel, cement, concrete, and/or
6 asphalt batching plants, concrete and clay products.
,~ (16) Industrial uses which might be objectionable by reason
of emission of noise, offensive odor, smoke, dust, bright
8 light, vibration or involving the handling of explosives or
dangerous materials.
9 (17} Hydroelectric generating facilities with installed
capacity greater than five (5) megawatts.
lp (e) Uses requiring a minor use permit. The following uses
may be permitted subject to the requirements of section 24-~
11 41:
(1) Large family day care facilities subject to the
12 requirements of section 24-265.
13 (f) Uses requiring an administrative permit. The following
uses may be permitted subject to the requirements of
14 section 24-40:
(1} Home occupations subject to the requirements of
1~ section 24--270.
(2} Temporary uses as listed in section 24-~00.
16 (3} A temporary mobile home subject to the requirements of
sections 24-295 and 24-295.1.0.
17 (g) Densities. Residential densities not to exceed the
densities as set forth. in the Butte County general plan for
18 each specific site.
19 (h) Development standards. The minimum requirements shall
be those for the type of use involved. For instance, a
20 residential use would adhere to the development standards
for the "R" zones and a commercial use would adhere to the
21 development standards for the "C" zones.
{i) Other standards and requirements. The following
22 additional standards and requirements shall apply in a "E7"
zone, except where specifically modified for conditional
23 uses
(1) Off-street parking and loading shall be provided in
24 conformity with the provisions of section 24-240.
25 (2} Control on land divisions. Any proposed land division
of twenty (20) acres or less must first apply for and
26 obtain specific zoning consistent with the general plan or
applicable area or specific plan.
27 (3) Flexible lot size provisions. Land divisions may be
designed and processed in accordance with the flexible lot
n h
36
size provisions of section 24-82. In such instances, the
1 density allowed shall not exceed that specified by the
2 general plan land use element or one (1) dwelling unit per
twenty (20) acres, whichever is less. Land division
3 applications proposing to use the provisions of section 24-
82, shall be so identified.
4
24-235.10 Policies, procedures and standards for the
5 Firhaven Creek, Paradise Reservoir, and Magalia Reservoir
watersheds.
6
,~ (a} Land use.
(1.) Current lot or parcel sizes in the Firhaven Creek
$ Watershed shall be stringently maintained. No fuxther
division of lots or parcels shall be permitted.
9 (2) Current zoning shall be maintained within the Magalia
Reservoir, Paradise Reservoir and Firhaven Creek Watershed.
10 Consideration of zoning proposals to a larger minimum
parcel size is allowed.
11 (3) No change in zoning shall be made and no use permit
shall be issued unless and until the individual and
12 cumulative impact of additional sewage disposal and surface
water runoff created by new development which such zone
13 change or use permit might allow can be proven to the
14 approving authority by the applicant(s) to have no adverse
effects upon the water quality of the watershed.
15 (4) Notwithstanding the requirements in any zone district
which underlies the watershed protection zone, a second
1b dwelling unit pursuant to section 24-280 shall not be
allowed within the boundary of the watershed protection
17 zone.
(5) Notwithstanding the provisions of any zone district
18 which underlies the watershed protection zone, the use of
19 the flexible lot size provisions in section 24-82 shall not
be allowed within the boundary of the watershed protection
20 zone .
(b) Sewage disposal:
21 (1) A one hundred-foot sewage disposal setback from a
perennial stream, a fifty-foot setback from an ephemeral
22 stream or drainage way, and a two hundred-foot setback from
a lake or reservoir shall be strictly enforced for all lots
23 or parcels within the Firhaven Creek, Paradise Reservoir
and Magalia Reservoir watersheds regardless of the date the
24 lot or parcel was created.
2S (2) Appendix VII of the Butte County Improvements
Standards for Subdivisions and Parcel Maps and Site
26 Improvements pursuant to Chapter 20 of the Butte County
Code which now applies only to single-family residential
27 lots or parcels created after April 4, 1974, shall also
apply to all other development, including multi--family
~~
37
1 residential, commercial, and industrial, on all lots or
2 parcels regardless of date of creation. The gallonage of
sewage application shall be pro--rated in pxoport.ion to the
3 ,usable area of the lot or parcel as determined in
accordance with Appendix VII, using the Table I value of
q. three hundred fifty (350} gallons/day area requirement.
a. A variance may be granted, pursuant to section 19-21
S of the Butte County Cade, only on an existing lot or parcel
when special circumstances are applicable to the property
6 involving the soil characteristics, topography, or
surrounding property characteristics. Variances may be
7 granted only to the usable area requirements of Appendix
8 VII, Table 1. Cumulative effects within the hydrologic
basin shall be considered prior to issuance of any
~ variance. In no event shall a variance be granted that
would provide less usable area than the requirements of
1Q Butte County Code, Chapter 19, section 19-12.
b. An application for a variance shall be made in writing
11 on a form prescribed by the health department. Upon receipt
of the application, the health officer together with the
12 manager of the Paradise Irrigation District, and the
chairman of the water committee of the Upper Ridge
13 Coordinating Council, shall make an investigation to
14 determine whether a variance should be granted. At the
conclusion of the investigation, the director of
IS environmental health shall prepare a written order granting
or denying the variance, and shall include in such written
1G order specific findings of fact and reasons for its
granting or denial.
17 c. If the environmental health division of the health
department denies the application for variance, the
18 applicant may file an appeal with the state regional water
quality control board within ten (10} days after denial.
19 The decision by the state regional water quality control
20 board shall be final.
(c) Erosion control measures.
21 (1) All driveways for new home sites on new or existing
lots shall be surfaced with at least two (2) inches of
22 Class 2 aggregate base, unless required to be developed to
a higher standard.
23 (2) All roads created as a result of any land division
shall be surfaced with a minimum of two (2} inches of Class
24 2 aggregate base, to a minimum width of twenty (20) feet,
25 ~ unless required to be developed to a higher standard by
other code requirements. This standard shall apply from a
26 maintained county road, or existing road of a higher
standard, through the parcel being divided.
27
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38
1 (3} All roads and driveways shall meet the minimum
2 requirements as prescribed by Public Resources Code 4290
and 4291 and Butte County Fire Safe Regulations, or as
3 prescribed by the Butte County Department of Public Works.
(4) Erosion and sediment control plans, including
4 provisions for wet weather conditions, shall be submitted
with all building permits, discretionary development
S projects, and grading plans, excluding structures that fall
under the provisions of section 26-3.1 of the Butte County
~ Code. The erasion and sediment control plans shall include
bath temporary (first year} and permanent erosion control
~ protection measures that prevent sediment and other
8 pollutant discharges from reaching watershed drainages and
streams. The erasion and sediment control plans shall
9 comply with the recommendations of a qualified professional
involved in the preparation of erosion control plans. Said
10 plans shall be reviewed and approved by the department of
development services.
it (5) The erosion and sediment control plan shall include
the time of year for construction activities. No soil
12 disturbance shall occur after November 15 or before April 1
unless the director of development services, or his or her
13 authorized agent, determines project sail conditions to be
14 adequate to accommodate development activities. All such
areas where land clearing has been completed between April
15 1 and November 15 shall be revegetated, hydroseeded, mulch-
protected or otherwise stabilized no later than becember 1.
lb Should grading be permitted during the rainy season, the
smallest practicable area of erodible land shall be exposed
17 at any one time and the time of exposure shall be
minimized. Temporary erosion control measures shall be in
18 place on a daily basis.
19 (6) No structures shall be placed within two hundred (200)
feet of the high water mark of the Paradise or Magalia
20 Reservoirs or within fifty (50) feet of the top of the bank
of any perennial or ephemeral water course, as shown on the
21 most recent edition of USGS 7.5 minute topographic maps, in
the Firhaven Creek, Paradise Reservoir, and Magalia
22 Reservoir watersheds. This provision shall not preclude
development on a parcel that would otherwise become
23 undevelopable due to this provision.
(7) The location of homesites (building envelopes) shall
24 be shown on all future parcel and subdivision maps in the
25 Firhaven Creek, Paradise Reservoir, and Magalia Reservoir
watersheds.
26 (8) Erosion and sediment control plans prepared by a
qualified professional involved in the preparation of
27 erosion control plans shall be submitted for all three-acre
exemption conversion timber operations in the Firhaven
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Creek, Paradise Reservoir, and Magalia Reservoir
1 watersheds.
2 (9} Three-acre exemption conversion timber harvest
operations shall not be conducted in the Firhaven Creek,
3 Paradise Reservoir, and Magalia Reservoir watersheds during
the period from Novemberl5 to April 1.
~ 24-295.10 Provisions for temporary mobile homes.
A mobile home certified under the 1974 National Mobile Home
5 Construction and Safety Standards Act may be placed on any
legal lot or parcel in any residential zone subject to
6 meeting the following provisions:
7 (a) Conditions:
(1} An administrative permit has been approved in
8 accordance with section 24-40.
(2) Occupancy of the mobile home shall be limited to a
9 close friend, or a relative by blood or marriage. An
affidavit attesting to the relationship of the involved
10 parties shall be submitted with the permit application.
(3) Rent shall not be charged.
11 (4) The mobile home may be owned by either the owner of
the lot or parcel an which it is placed, or the person
12 residing therein.
13 !5) The mobile home shall be served by adequate sewer and
water facilities, as determined by the Butte County
14 environmental health division.
(6) The siting of the mobile home shall be exempt from the
15 site requirements of the residential zoning district,
except as required by this section, and the Uniform
16 Building Code.
(7} The mobile home is declared to be a temporary use on
17 the property, accessory to the primary unit and shall not
be placed on a permanent foundation. Additionally, a
18 temporary mobile home shall not be permitted:on a lot or
19 parcel where there is a second unit.
(8} The permit shall be granted for a term of two (2)
20 years. Extensions of the term for the permit, not exceeding
one (1} year for each extension, may be granted if the
21 application for the extension is filed within sixty 60}
calendar days prior to the date of expiration.
22 (9) The mobile home shall be vacated upon expiration of
the permit and removed within one hundred twenty (120) days
23 after the expiration of the permit. If it is not removed
within one hundred twenty (120) days the county shall
24 remove said mobile home and store it at the owner`s
25 expense.
(10} A deposit or bond sufficient to cover the removal
2b expense shall be posted prior to the issuance of the
permit. The applicant shall grant Butte County the right to
27 enter the property, to remove the mobile home, and to store
it at the sole cost and expense of the applicant.
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1
2 (11) The permit may be revoked if any of the terms or
conditions of the permit are violated or if any acts or
3 omissions of the permittee in connection with the use
authorized by said permit constitute a public nuisance.
4 (b) Reserved.
5
6
7
Section 3. Severability. zf any provision of this Ordinance or
the application thereof to any person or circumstances is for any
reason held to be invalid by a court of competent jurisdiction, such
S
provision shall be deemed severable, and the invalidity thereof shall
9
10 not affect the remaining provisions or other applications of the
li Ordinance which can be given effect without the invalid provision or
12 application thereof.
13 Section 4. Effective Date and Publication. This Ordinance shall
14 take effect thirty (30} days after the date of its passage. The
15 Clerk of the Board of Supervisors is authorized and directed to
16 publish this ordinance before the expiration of fifteen (15) days
17 after its passage. This Ordinance shall be published once, with the
18 names of the members of the Board of Supervisors voting for and
19 against it, in the Chico Enterprise Record, a newspaper of general
20
circulation published in the County of Butte, State of California.
21
PASSED AND ADOPTED by the Board of Supervisors of the County of
22
Butte, State of California, on the 22nd day of March 22, 2005, by the
23
following vote:
24
25
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27
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1 YES: Supervisors Connelly, Dolan, Houma, Josiassen, Yamaguchi
2 NOES: None
3 ABSENT: None
4 NOT VOTING: None ;
S
6 _,
IiIM I{. YAMAGUCHI, Chair
7 Butte County Board of Supervisors
~ ATTEST:
9 PAUL MCTNTOSH, Chief Administrative Officer
10 And Clerk of the Board of Supervisors
11
By.
12 D uty
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