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HomeMy WebLinkAbout4132 I Ordinance No. 4132 2 AN ORDINANCE TO CHAPTER 24, ENTITLED "ZONING," 1) MAKING THE FOLLOWING 3 AMENDMENTS TO THE OFFICIAL ZONING MAP: A REZONE FROM MHDR (MEDIUM HIGH 4 DENSITY RESIDENTIAL) TO GC (GENERAL COMMERCIAL) FOR ASSESSOR PARCEL NUMBER 5 040-234-005 IN MAGALIA; AND, A REZONE FROM GC (GENERAL COMMERCIAL) TO RR 6 (RURAL RESIDENTIAL) FOR ASSESSOR PARCEL NUMBER 064-660-050 IN DURHAM; AND 7 2)MAKING THE FOLLOWING TEXT AMENDMENTS TO CHAPTER 24: ALLOWING RELIGIOUS 8 FACILITIES IN AGRICULTURE ZONES SUBJECT TO A CONDITIONAL USE PERMIT; ALLOWING 9 FREEWAY SIGNS IN AGRICULTURE ZONES SUBJECT TO A MINOR USE PERMIT; ALLOWING 10 VEHICLE SALES AND RENTAL USE IN THE INDSTRIAL ZONES SUBJECT TO A MINOR USE 11 PERMIT; .AMENDING SETBACK STANDARDS IN THE VLDR (VERY LOW DENSITY RESIDNTIAL) 12 ZONE BY INCREASING SIDE AND REAR YARD SETBACKS; AND PROVIDING NEW DEVELOPMENT 13 STANDARDS FOR SOLAR CANOPIES IN ALL ZONES 14 15 The Board of Supervisors of the County of Butte ordains as follows: 16 Section 1. Chapter 24 , of the Butte County Code and the Official Zoning 17 Map is amended as provided for under "ATTACHMENT A", incorporated herein b 18 reference. 19 Section 2. Severability. If any provision of this Ordinance or the 20 application thereof to any person or circumstances is for any reason held to be 21 invalid by a court of competent jurisdiction, such provision shall be deemed 22 severable and the invalidity thereof shall not affect the remaining provisions 23 or applications of the Ordinance which can be given effect without the invalid 24 provision or application thereof. 25 Section 3. Effective Date and Publication. This Ordinance shall take 26 effect thirty (30) days after the date of its passage. The Clerk of the Boar 27 of Supervisors is authorized and directed, before the expiration of fiftee 28 (1.5) days after its passage, to publish this Ordinance once, with the names of 1 1. the inembers of the Board of Supervisors voting for., and against it, in the 2 Chico Enterprise-Record, a newspaper of general. circulation published in the 3 County of Butte, State of California. 4 PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of 5 California, on the 121��Iday of SepterTiber, 201.7, by the following vote- 6 7 AYES: Supervisors Wahl, Kirk, 1,ambert, Teeter, and Chair. Connelly 8 NOES: None 9 A13SENT: None 10 NOT VOTING. None 12. Zeta 1.2 BILL CONNEkLLY, C a 13 Butte County Board of Supervisors 14 15 ATTEST: PAUL HAHN, Chief Administrative Officer 16 and Clerk of the Board 1.7 1.8 By: Depuly 19 20 21 22 23 24 25 26 27 28 2 AGRICUILIURF, ZONES Ordinance Attachment A 2412 MM MOM 'M N'Im 11 IN M Sections. 24-12—Purpose of the Agriculture Zones 24-13—1,11111d Use Regulations for Agriculture Zones 24-14—Development Standards for Agriculture Zones 24-12 Purpose of the Agriculture Zones A. Agriculture (AG). The purpose of the AG zone is to support, protect, and maintain a viable, long- term agricultural sector in Butte County. Standards for the AG zone maintain the vitality?of the agricul- tural sector by retaining parcel sizes necessary to sustain viable agricultural operations, protecting agri- cultural practices and activities by minimizing land-use conflicts, and protecting agricultural resources by regulating land uses and developinent intensities in agrictiltLiral areas. Permitted uses include crop cultivation, amoral grazing, stock ponds, and agricultural processing. More intensive agricultural activi- ties, such as animal processing, dairies, hog farms, stables, forestry and logging, and mining and oil ex- traction, are permitted with the approval of a Conditional Use Permit. One single-family home and one second unit is Permitted on each legally established parcel within the AG zone, and residential uses for agricultural employees are permitted IIS all accessory use within the AG zone, 'rhe minurium permitted parcel size in the AG zone ranges from 20 acres to 160 acres. The AG zone implements the Agricul- ture land use designation in the General Plan. B. Agriculture Services (AS). The Purpose of the AS zone is to protect,maintain,promote,and enhance agriculture as a viable, long-term economic sector by acconuriodating agricultural uses or compatible commercial and light industrial uses that directly support agricultural activities within the county. Standards for tl-tc AS zone are intended to allow inost agricultural uses allowed in the A(,; zone while ,encouraging new, compatible support industries and operations, and to protect agricultural and other neighboring land uses by minimizing conflicts. Agricultural support uses permitted as-of-right in the AS zone include uses with ininit-nal potential impacts on adjacent parcels, such as agricultural equipment sales and rental, light manufacturing, warehousing, and distribution and storage. Agricultural support uses that are more likely to impact adjacent parcels, such as agricultural vehicle repair and heavier man- tifiacturing, require the approval of a Conditional Use permit. Residential uses are not permitted in the AS zone, except caretaker quarters as an accessory use, which requires an Administrative Use Permit. The maximum permitted floor area ratio in the AS zone is O.S. The AS zone implements the Agricul- ture Services land use designation in the General Plan. 24-13 Land Use Regulations for Agriculture Zones A. Permitted Uses. Table 24-13-1 (Permitted Land Uses in the Agriculture Zones) identifies land uses permitted in the agriculture zones. 15 24 13 Ordinance Attachment A AcR:1C[rhIWRF Z0N5' I'A1 LI 24-13-1 Pl:,IJCMl'l-l'FI,)LAND USI-,'S IN,rj n,',A(;RlCLJI,:J'LTF ZONr-,S [1] [2] Key Zone P Permitted use,sLibpcct w Zoning Geat-ance A Adminisira6vc Permit required M Minor Use Permit reqUirCLI C 0)"d'60IM'tr1'W Permit requircd Lr'SC T101 1110WCd AG AS Applicable Regulations Agricultural Uses AgriCUltkIral Processing 1) 1) Animal Grazing 1) 1) Animal Processing C C Aninial Processing,CLIA0111 1) Crop CLiltivation 1) Feed Store C p Intensive Animal Operitions C' C, Stabl",Commercial CI C Stables,Private P 131 1) 131 Stables,Semiprivate 1 1)131 1)131 Natural Resource Uses Forestry and 1,og4,irig 1) - Mining and Surface Mining Operations C C.; Chapter 13 Butte Counq, Code Oil and Gas Fxtraction,incinding reinjection wells for natural gas C C Oil and Gas F'xtraction,storage or disposal of Well StinItIlation Section 24-167.1 Byproducts Timber Processing Residential Uses ,"griCUJJrnral Worker I[causing;('enter C:131 Sccfion 24-14(G) Caretaker(2narters DLIplex Home I tome Occtipations-Major NI Section 24-162 1 lame Occupationt,-Minor A Section 24-162 Live/Work LInit - '1 I Ionic Park - Multiple-Family Dwelling lZesidential Care I Games,Large - lZest dential :Carel Ionics,Small 1) Second Units P 141 Section 24-172 Single-l"'amil),I lorne 1114] 16 AGRICULI UPE Z0NES Ordinance Attachment A 24-13 Key Zone P PerniittCkl Llit,subjecT to Zoning Clearance A Adniinisirativc Pcrmii reqUiMd M Minor tjsw Perinii required C Gmiditional Llsc Permit required — Llse not allowed AG AS Applicable Regulations Community Uses ("Clnctcrie 'Private Cenicterics,Public Child Care Center Child Day Care,Large - Child Day Care,Small 11131 Section 24-159 Clubs,Lodges and Private Nlecting I lalls til 151 N'I 151 Coninuinity C"ClIters - Correctional Institutions and 1acifitics Cultural ln,;titutions C F"Incrgcncy Sheltel, ("Off COUTSCS and COMM)'Clubs I lospital Office,Governmental Outdoor Jsdtjcafion Parks and Rccrtalional I'-acilities Cl Public Safery Pacilitics, C, C, Reli0ou"Facilities C I Scliook,,Public and Private Water Ski Lakes Commercial Uses Adult Businesses AgrienItUral J)r0dtjCt Sale,-,Off _Site N11 M Agricultural Product Sal",On-Site 1) iNgricultural Support Services,General C: Agricultural SUPPOrt SCrViCCS,Lighl 1) Animal Services Cl 171 C Section 24-158 Animal Processing,Liinited - Bars,NigbtCkibs and Loungo Bed and Breakfast N4 Cot' MCTCial RCM!ation,Indoor Cornniercial Recreation,Outdoor 17 C I)rdinance Attachment A Freeway Signs in Agriculture Zones 24-102 Permit Requirements A. Administrative Permit Required. All signs not specifically identified in Section 24-101 (Signs Allowed Without Permits)require Zoning Administrator approval of an Administrative Permit, except as noted in subsection C,7apA D.and E below. E. ftreggeAw—ay Signs,Aaric Iture Zones. A Minor Use Permit shall be reguired for any Freeway sign in an AgriCUItur Zone 24-105 Types of Signs Allowed by Zone D. Agriculture and Natural Resource Zones. 1. In all agriculture and natural resource zones, signs shall be pernuacd as specificd in Table 24-105- 3 (Allowed Signs in Agriculture and Natural Resource Zones). 1'Am,i,"24-105-3 Ai,i.(,),wri)S i(,;NS IN AG.RICUIXU IU A Ni)N ATU lar 1,Ri?so u iu,,vZON rs Maximum Number Maximum Area Pen-nitted Sign Types Of Signs Per Sign Maximum Height I�rcc,starachnf;signs 1 sign per street frontage,with no mare 6'ft, IN'lonument signs than 3 signs per parcel Projecting signs, 1 sign per tenant on each building 32 sq.ft. Wall signs frontage Not to exceed the caves,of the 25 percent of window maximurn building to which it is affixed Windowsigns (Sectn)n 24-106.1)) Farm trail signs I sign per farm 6 sq. ft. 6 ft. Comnitinity identification l sign icer location 300 sq. ft. 20 ft.signs Farrn Sig,11" I sigII Per location 32sq.ft. 6 ft. Frccway siglLs 100 sq�ft. for one face; I Ver parcel 200,;(I.ft.for two or more .fiICC.'; [1]Allowed only in the Agriculture zone. INDUS O RIAL ADMITS Ordinance Attachment A 24.25 Sections: 24-25—Purpose of the Industrial Zones 24-26—Land Use Regulations for Industrial Zones 24-27—DciTeloprilLrit Standards for Industrial Zones 24-25 Purpose of the Industrial Zones A. Light Industrial (LI). The purpose of the IJ zone is to allow for light industrial and service con-aner- cial uses with little potential to create noise, odor, vibration, or other similar impacts to adjacent uses and surrounding areas. Permitted uses in the III zone include construction,maintenance and repair ser- vices; equipment sales and rentals; vehicle repair, service and maintenance; research and development; light manufacturing', and warehousing, wholesaling and distribution and emergency shelters. I-in-lited amounts of retail,personal services,restaurants,and pubic/quasi-public uses are perrnitted to serve area workers, and ancillary retail areas are permitted for the sale of products manufactured oil-site. Caretak- er quarters that are accessory to a primary use and live/work units are the only form of residential uses allowed. The maximum permitted floor area ratio in the 1A zone is 0.4. T he Ll zone implements the Industrial land use designation in the General Plan. B. General Industrial(GI). The purpose of the GI zone is to allow for a variety of industrial and service commercial uses in Butte County. Standards for the GI zone are intended to preserve locations for ex- isting and future employment-generating businesses, including both traditional businesses and innova- Eve green technology enterprises. In addition to the uses perfilitted in the M zone, the GI zone also pertilits agricultural and timber processing and heavy manufacturing with the approval of a Conditional Use permit. The maximum permitted floor area ratio in the GI zone is 0.5. The G1 zone implements the Industrial land use designation in the General plan. C. Heavy Industrial (HI). The purpose of the HI zone is to allow for a full range of industrial uses, in- cluding operations that necessitate the storage of large volurnes of hazardous or unsightly materials, or which produce dust, smoke, fumes, odors, or noise at levels that would affect surrounding uses. Uses permitted in the 1-41 are similar to the GI zone, except that heavy industrial uses are permitted either as- of-right or with a Conditional Use Permit, and retail, personal service and restaurant uses are not a]- lowed. The maximurn pern-tittcd floor area ratio in the HI zone is 03. "Flie III zone implements the Industrial land use designation in the General Plan. 24-26 Land Use Regulations for Industrial Zones A. Permitted Uses. 'rabic 24-26-1 (Permitted Land Uses in the Industrial Zones) identifies land uses permitted in the industrial zones. 51 24 26 Ordinance Attachment A INDUS1 RIAL/ONFS TABLi,"24-26-1 PFAMITFED LAND USES fNTl IFANDLJSTIZIAL ZONES [1] [2] Key P Permitted usc_qul)jcct to Zoning Clearance Zone A Administrative Permit rquired C Conditional(N.-c Permit reLpired M Nfinor Use Permit retjUirCd Applicable Use not allowed Ll GI HI Regulations Agricultitral Uses Agricultural Processing C Animal Crazing Animal Processing C Annual Processing,Cwtom Crop Cultivation Decd Store Intensive Animal Operations Stable-,Commercial Stables,Private Stables,Semiprivate Natmfal Resource Uses Forestry and Logging i MiningC and Surface Mining Operations Oil staid Gas 1.^'Arnaction,uicluding reinjection wells for natural gas Oil ind Gas Storage or disposal of Well Stimulation Section 24-167.1 Byproduct"; Timber Processing C P Residential Uses Agricultural\Vorker I lousing(,'enter CareLiker Quarters, A A A Duplex I lorne Home Occupations—Major I 10MC Occupations—NJ inor Live/Work I.Init m m Section 24-164 Mobile I lomat Park Multiple-l"'Amily Dwelling Residential Care Hornes,Large Residential Care I lornes,Small Second Units Single-Family I Ionic 52 NDLYSTRIAL.RAES Ordinance AttachMent A 24-26 KeN �P PCfnIiHCd use,subject to Zoiiiiig CLmince Zone A Adniinisirative Pcrrru(NCJLIvrcd C Condition-al Use;'P'e;rnnit rCLILlired M Minor tJsc Permit rc+ur"l Applicable 1.)sc not aflowed LI GI HI Regulations Community Uses Ceineteries,Private ('CuletCriCS,I'Liblic Child(,:are Culver Child Day Care,Large Child Day Care,Small Clubs,Lodges and Private Nimfing I lalls C Couirliunily Centers Correctional histitutious and Facilities Cultural Institudous - l"Ifliergency Shelters 1) Section 24-161 Golf Courses,and Country Clubs, - Ile?Sinal Medical Office and Clinic Office,Goveroumital Outdoor FdLICati011 Parks and Recreational Facilities Public Safety Facilities C C C Religious Vacilities M - - Schools,Public and Private NxIater Ski lakes Commercial Uses County Code Adult Bus C C Chapt(x 15, Article 4 A Vicultural Product Sales,Off-Site Agrictiltural Product Sales,On-Site Agricultural Support SMiCCS,General Agricultural Support Scrvices,Light Aninial Processing,Limited Anunal Services 1) 1) Bars,Nightclub,,and Lounges - - Bed and Breakfast 33 24,26 Ordinance Attachment A INDUSTRIAL/_C)NES Key P Permitted Live,subject to Zoning Clearance Zone A Administrative Pcrmat re.quircd C Conditional Use Permit required M Minor Ilse Permit retpiml Applicable — Use nw allowed Ll GI HI Regulations Commercial Recreation,hicloor NI 1\4 Commercial Recreation,Outdoor - - - Constmdi011,Maintenance and Repair Services 1) 1) 13 Drive-Through Facility A A A Section 24-160 Equipment Sales and Rentals 1) 1) 11 Firewood Storage,Processing„and Off-Site Sales,Small - 1) 1) I-irewood Storag 13 ,,e,Processing and Off-Site Sales,McdiUM M Firewood Storage,Processing and Off-Site/tan-Site Sales,Large A9 P Gas and Service Starionti, I leavy I?qtiipmcnt Storage P 1) P Section 24-173 hotel and Motel - I funting and Fishing Clubs Offices,Professional Nursm,Retail Ntirscry ,Wholesale Personal Services A A Personal Services,,11"tricted - I - Public/Milli Storage 1) 1) Section 24-169 Recreational Vehicle Parks - - Restaurant A A Retail,General A A Retail,Large Projects Retail,Restricted - Vehicle Repair 1) p p Vehicle Sales ant]Renval \1 N1 'Ni Vehicle Set-vice and Maintenance 1) 1) 1) Wine,Olive Oil,Bruit and Nut,Nficro-Brewery and Nficro-Distillery Facilities Industrial Uses Compo',fing Facilities C 1) IN11'.111t1facturing,G-encral C p 1) Manufacturing;,I leavy C C 54 Ordinance Attachment A Side and: Rear Yard Setbacks in the VLDR Zones TABH;24-20-2 SlXBA(-XAND Ill,"IG)ITSTANDARD;S FOR W',SIDENTIAL,ZONF-S Pl Standard by Zone FR/ RR/ Additional FCR VLDR I VLDCR I-DR MDR MHD HDR V1.1DII Standards Primary Structure Setbacks(min.) I'rant 20 ft. 20 fl. 20 ft. 20 ft. 20 ft. 20 ft. 20 ft. W fl, 10 fl, I n terior Side 10 ft. 10 ft. Table 24- 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. 20-3 Article 17(ikgriculturil Street Side 10 ft. 10 ft. 10 ft. 10 10 ft. 10 ft. I(�)ft. 10 ft. 1C'.)ft. Buffer,;) "rteSee Article 16(Riparian Ro-ar 10 ft. 1f1 ft. ]'able24- 10 ft. 10 ft. lo f,, 5 f,. 5 ft. 5 ft. Areas) 20-3 Article 12(Setbacks, Residential Setb;iek from Requirements and Orchards and Vinevards Exceptions) See Section 24-56.1 Located in Residential Xones Acccsory Structure See Section 24-156 Setbacks Separation Between. As required by the California Building Code Strucrnrc4 116mary Structure Article 11 (1 leight 1 35 ft, 35 ft. 35 ft. 35 ft. 35 ft. 35 ft. 35 ft, 35 Measuretnevits and Exceptiorts) Access A rticle I I (I I eight .ory Structure; See Section 24-156 Measurernerits alld I I eigh t Exceptions), III Additional scdxicks may be re(jUirCd bV dIC BUttC COUrIty Firc.S.'ICC rCkU1,16011S and the Public RcsourceCode,Section 4290. Table 24-20-3 Primary godAcccsory Structure Side Ind lzelr yard Setbacks in tile XTDR Zone Parcel Sixe Side-Yard Rear-Yard acres Setback Setback 20 ft. 2LL < 1 -> 112 115 ft, 15 ft. • IZ2-� I Z4 10 ft. 10 ft. 10 ft. �—1 L 5 ft. Ordinance Attachment A Solar Canopies TAIiix-'24-157-2 GROUND-MOUNTED PI IOTOVOLTA]CPAN kISYSIT'AIS,I IFIGHT,PARCF'LSIZP' AND SFIBACK STANDARDSW Parcel Size Maximum Height Setback <2 acres 8 feet As required by'roiie As required by zone+ 10 additional feet ill oi-mljaceii t 2-10 acres l 10 feel to Residential I Zone-, >10 acro., 15 feet As required by mic+ 15 additional feet in or adjacent I to Residential Zones I standards do not apply to solar canopies as defined under Section 24-157 C. 8. 24-157 C. 8. Solar Canopies. A solar caro py is used to providea structure that supports j2hoto-voltaic panels, In as a means to provide shade, cover, and storage for another use. (e.g., in a Residential zone a solar canopy maybeused as agUi port in a Corlimercial, Industrial, or Special Pu pose zone a solar rano p inay be used over a parking lot, and in an Agriculture or Natural Resource zone a solar canopy may b used in place of a pole barn,or other coverinu`. a.- Solar Canopy, Height, Setback, and Development Standards. Solar canopies shall be subject to the same height, setback, and development standards as provided for under Section 24-156 -Acccssoa Uses and Structures,with the following exceptions: I. Setback standards for solar canopies that are located over parking lots in a C onunercial, Industrial, or a Special Purpose Zone that arc adjacent to a Residential Zone, slual maintain a 20 ft. setback from the property line adjacent to the residential zone. 2. 1 leight standards for solar canopies shall be as follows: i. Agriculture,Natural Resource,and Industrial zones: i(1 ft ii. Commercial and Special Pu_qiose zones: 25 ft. iii. Residential zones: 15 ft. b. The use of the Solar Canopy ;hall be identified on the Building permit Al plication.Application of building codes and structural requirements will vaQ, dependinppon the use of the solar canopy as a carport,parking lot canopy,pole barn,or other specified use. 24-95,B.6. Landscaping f. Shade Trees. 1. Shade trees shall be pr(.)vldcd within parking lots so that within 10 ),Cars of planting 50 percent of the parking area is shaded at the surnmer solstice CJ one 21). 2. At least one tree shall be provided for every four Parking spaces, with the maxitnurn spacing between trees or clusters of trees not to exceed 30 feet. 3. This requirement is waived if 50 percent )ercent or more of the parking lot is covered by a Solar Canopy (Butte Coun ,Code Section 24-157 C. 8.). If less than 50 1percent of the Parkin lot is covered by a solar canopy, shade trees shall be used to reach the 50, percent requircment.