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ORDINANCE NO._~g~
~ AN ORDINANCE AMENDING SECTION 24-90, ENTITLED A-5 THROUGH A-
5 160 (AGRICULTURAL} ZONES, OF ARTICLE I11 OF CHAPTER 24 OF THE
fi BUTTE COUNTY CODE; AND AMENDING SECTION 24-286, ENTITLED
7 AGRICULTURAL BUFFER SETBACK, OF ARTICLE IV OF CHAPTER 24 OF
8 THE BUTTE COUNTY CODE
9 The Board of Supervisors of the County of Butte ordains as follows:
l U Section 1. Article lll, Section 24-94, entitled "A-5 through A-160
I I (Agricultural) Zones," of Chapter 24, entitled "Zoning" of the Butte
12 County Gade is amended to read as follows:
13 24-90 A-5 through A-16U (Agricultural} Zones.
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The following permitted uses, uses requiring a use permit, and uses
requiring an administrative permit shall apply to all zones A-5 through A-
160. Uses that are unique to a particular zone and site requirements #or
each zone will be fisted separately.
(a) Uses permitted:
21 (1) One (1)single-family dwelling or modular home per parcel.
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I {2) Agricultural uses. including the keeping of animals. subject to the animal
2 maintenance requirements of sections 24-255 through 24-255.'! 5, inclusive,
of this Code,"the growing and harvesting of forestry products, and
4 aquaculture.
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6 (3} Mining, quarrying, and commercial excavation which is exempt from a
7 ~ mining permit and reclamation plan pursuant to chapter 13 of the Butte
8 County Code. Oil and gas wells including reinjection wells for natural gas.
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1 E) (4} The erection, construction, alteration or maintenance of gas, electric,
1 i water or communication transmission facilities.
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13 (5} Housing facilities (including mobile homes) to accommodate up to
14 twelve (12} agricultural workers and their families employed by the owner or
] 5 operator of the premises or owners or operators of other agricultural lands
1 b pursuant to sec#ion 17021.6 of the California Health and Safety Code and
17 subject to state permits.
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19 (6) The use of asingle-family residence as a small family day care home,
2E) licensed family care home, foster Name, or group home for mentally
21 disordered or otherwise handicapped persons or neglected children. Said
22 homes shall serve six (6) or fewer persons and shalt be subject to all
23 applicable state regulations and limitations.
2 {b} Accessory uses:
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4 {1) Those uses normally associated with asingle-family residence use and
5 are in conjunction with or incidental to the residential use, including but not
C limited to a garage, workshop, shed, garden, private swimming pool, private
7 tennis court, gazebo, spa, etc.
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9 (2) A guest house as defined by section 24-305.175.
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11 {3} Buildings and uses accessory to the permitted uses, including
12 agricultural processing plants, airstrips used for crop dusting or seeding,
] :i barns and other storage or shop buildings, seasonal hunting and fishing
14 camps, including those which accommodate recreational vehicles and
l5 travel trailers, providing that said recreational vehicles and travel trailers
i G shall not be used for year-round occupancy, recreational uses not requiring
l7 permanent improvements and not interfering materially with agricultural
18 operations, including hunting, fishing, camping, hiking, riding and similar
19 uses, the processing and sale of firewood and wood products grown on
20 site.
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32 (c} Uses requiring use permits. The following uses are permitted subject to
23 a use permit:
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(~} Public or quasi-public uses.
(2) Public tasting rooms in conjunction with a winery, provided that such
tasting room be considered accessory to the on-site winery.
(3) Kennels, feed stores, public or riding stables, and academies.
(4} Outdoor commercial recreational facilities on sites not less than five (5)
acres.
(5) Wood lots and wood processing plants selling and processing wood not
grown on site. Mining and commercial excavation requiring a mining permit
and reclamation plan pursuant to chapter 13 of the Butte County Code.
(6} Private airports or air strips #hat are not accessory to an agricultural use.
(7) The segregation of an agricultural processing site pursuant to section
24-290.
(d) Uses requiring a minor use permit. The following uses may be permitted
pursuant to the requirements of section 24-41:
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{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 pursuant to section 24-270.
(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.
Section 2. Article V, Section 24-286 entitled "Agricultural buffer
setback" of Chapter 24, entitled "Zoning" of the Butte County Code is
amended to read as follows:
24-286 Agricultural buffer setback.
(a) Purpose. The purpose of this section is to conserve and stabilize
agricultural land uses in order to protect agricultural lands from
encroachment and conversion to urban uses and for the following:
2 ('l} To require development fo provide land use transitions, setbacks and
'i buffers between urban development and agricultural uses, in order to
4 reduce interference and conflict;
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G (2) To create development and performance standards designed to protect
7 agricultural uses from urban encroachment conflicts;
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9 (3) To provide a clear delineation between long-term agricultural production
IO lands and citylcommunity areas.
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12 (b) Applicability. Setback requirements are applicable to the following
I3 areas. A separate exhibit adapted by resolution and as amended illustrates
14 the applicability of this section.
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1 G (1 }Lands designated Orchard and Field Crops (OFC) and Grazing and
17 Open Land (GOL}, outside of spheres of influence and community
] 8 boundaries as shown on the exhibit.
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20 (2) Areas within 300 feet of lands designated OFC and GOL, outside of
21 spheres of influence and community boundaries as shown on the exhibit.
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] (3} Areas inside and within 300 feet of sphere of influence boundaries,
2 where the boundary abuts lands designated OFC or GOL.
4 (4) Areas inside and within 300 feet of community boundaries as shown on
5 the exhibit, where the boundary abuts lands designated OFC or GOL.
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7 The requirements of this section are in addition to other zoning standards.
8 Where there is a conflict, the more restrictive shall apply.
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l0 (c) Standards.
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12 (1 }Residential.
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14 a. Setback. The setback distance for dwellings shaft be three hundred (300}
] S feet from all property fines. This distance may be adjusted based upon an
16 Unusual Circumstance Review in subsection {d) of this section.
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18 b. Alternatives to the above setback requirement may be considered by the
19 Department of Development Services Director (Director), who shall consult
2U with the County Agricultural Commissioner, as follows:
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22 1. The dwellings are proposed in close proximity to each other such that the
23 same practical effect of providing the three hundred (300) foot setback is
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2. if an existing parcel is of such size andlor shape that the setback
4 distance identified in this subsection is not possible and conditions
5 referenced in subsection (d} of this section do not exist, then the dwelling
fi shall be placed the greatest distance from all relevant property line{s), or
7 other location that presents the least detriment to agricultural practices on
8 adjacent properties, provided there is no interference with easements,
4 septic systems andbr prior conditions of approval, and considering parcel
10 shape, slope, topography andlor other physical features.
l2 (2) Buffer Guidelines. Buffer guidelines are as adopted by resolution by the
1; Board of Supervisors far the purpose of illustrating buffer requirements for
14 various situations. These guidelines shall be utilized in rendering
l S determinations relating to the required setback.
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17 (d) Unusual Circumstance Review. The setback distance identified in
18 subsection {c) of this section shall be reviewed for Unusual Circumstances
19 that may result in an adjustment in the setback distance as identified in
2U subsection (c) above. The setback distance may be adjusted by the
2l Director. The Director shall consult with the Agricultural Commissioner prior
22 to rendering a determination to adjust the setback distance. An adjustment
33 by the Director shall be based upon an evaluation of the following criteria,
1 as they exist on the subject ar surrounding property. provided that such
2 adjustment would not result in a modification to adjacent agricultural
3 practices:
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('[)Parcel size and shape;
(2} Location of residences};
(3) Infrastructure and other existing uses;
(4} Natural physical features and topography;
(5} Other circumstances not specifed above;
(e) Nan-residential. (reserved)
(f} Cansulta#ion with Agriculture! Commissioner. The Director shall consult
with the Agricultural Commissioner on permits (non-discretionary) and
projects (discretionary actions) as follows:
(1) Pemmi#s. Permits shall be reviewed concurrently with the building permit
review process.
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1 {2) Projects. Projects shall be reviewed during the project review process.
The Director shall consult with the County Agricultural Commissioner prior
:~ to rendering a recommendation to the Planning Commission.
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5 (g) Determination.
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7 (1) Permits (Non-discretionary). The procedure for non-discretionary review
8 by the Director shall be as follows:
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1 {) a. The Director shall review and render a determination for applicable non-
11 discretionary permits and approvals.
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1 ~ b. No hearing is required for any non-discretionary permit review.
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15 c. The decision may include permit application modifications to establish
1 G consistency with this chapter.
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18 (2} Projects {Discretionary). The Planning Commission shall review and
1 ~J render a determination on the Director's recommendation regarding
20 Unusual Circumstances for discretionary actions far which the Planning
21 Commission has authority. If a project requires the Planning Commission to
22 make a recommendation to the Board of Supervisors, then the Board of
23 Supervisors shalk render a determination.
2 {h) Review Fee. Applicant shall pay the required review fee for
3 consideration of compliance with this chapter for projects and permits at the
4 time of filing the application in an amount as established by the Board of
S SllpeNis01'S.
7 Section 3. Severability. If any provision of this Ordinance or the application
K thereof to any person or circumstances is for any reason held to be invalid
9 by a court of competent jurisdiction, such provision shall be deemed
] 0 severable, and the invalidity thereof shalt not affect the remaining
1 1 provisions ar other applications of the Ordinance which can be given effect
12 without the invalid provision or application thereof.
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14 Section 4. Effective Date and Publication. This Ordinance shall take
l5 effect thirty {30} days after the date of its passage. The Clerk of the
16 Board of Supervisors is authorized and directed to publish this
17 ordinance before the expiration of fifteen (15) days after its passage.
1 S This Ordinance shall be published once, with the names of the
] 9 members of the Board of SupeNisars voting for and against it, in the
20 inter riseRecord a newspaper of general circulation published in the
21 County of Butte, State of California.
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2 PASSED AND ADOPTED by the Board of Supervisors of the County of
3 Butte, State of California, on the 16th day of December, 2x08, by the
4 following vote:
5 AYES:Supervisors Connelly, Dolan, Yamaguchi, Kirk and Chair Josiassen
6 NOES: None
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ABSENT: None
NOT VOTING: None
Al
C.
Of
By
Curt Josiassen, Chair of the
oard of Supervisors