HomeMy WebLinkAbout41591
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Ordinance No. 4159
AN ORDINANCE OF THE COUNTY OF BUTTE ADOPTING AMENDMENTS TO BUTTE
COUNTY CODE CHAPTER 24, ZONING, INCLUDING: ADOPTING NEW SECTION 24-
172.1 PERTAINING TO SHORT-TERM RENTALS; AMENDING SECTION 24-172,
SECOND UNITS AND ACCESSORY DWELLING UNITS, SUBSECTION (N), DEED
RESTRICTIONS; AMENDING ALL LAND USE REGULATION TABLES CONTAINED IN
ZONING ORDINANCE PART 2, ZONING DISTRICTS, LAND USES, AND
DEVELOPMENT STANDARDS, TO INCLUDE REFERENCES TO SHORT-TERM RENTALS
AND IDENTIFYING A CORRESPONDING PERMIT PROCESS; AND INCLUDING A NEW
DEFINITION FOR VACATION HOME RENTAL UNDER ZONING ORDINANCE PART 7,
ARTICLE 42, GLOSSARY
The Board of Supervisors of the County of Butte ordains as
follows:
Section 1. Chapter 24 of the Butte County Code is amended as
provided for under "ATTACHMENT A", incorporated herein by
reference.
Section 2. Effective Date and Publication. The Clerk of the Board
will publish the Ordinance codified in this Chapter as required by
law. The Ordinance codified in this Chapter shall take effect thirty
(30) days after final passage.
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PASSED AND ADOPTED by the Board of Supervisors of the County of Butte,
State of California, on the 2611, day of March, 201.9 by the following
vote:
AYES: Supervisors Connelly, Lucero, Ritter, 'Teeter, and Chair Lambert
NOES: None
ABSENT: None
NOT VOTING: None
STEVE Lid Cou Chair
Co
u t
Butte t y Board of Supervisors
ATTEST:
SHARI MCCRACKEN, Chief Administrative Officer
and Clerk of the Board
By:
I
A. Purpose. This section estabNshesa definition, permit process, rental term, site requirements,
standards, and permit revocation requirements for short-term rentals to ensure that, 1) short-
term rentals are cumpa#b�|ewith and do, not adversely impact surrounding residential uses, 2)
property owners have the option to utilize their properties for short-term rental use, 3) risks to
public safety and health to occupants and owners are minimized, 4) property values are
maintained; 5) visitation and tourism toButte County issupported, and, 6)transient occupancy
tax is collected in order to provide fair and equitable tax collection for all lodging providers,
1. Short -Term Rental. Asing|e-famUy dwelling, or a portion of single-family dwelling, that is
rented tmtransient guest occupants typically for periods of30days orless, with weekend or
weekly rental periods being the most common. Short-term rentals are routinely booked for
numerous periods throughout the year, with o property manager providing oversight and
services for guest customers.
2. Primary Residence. Anom/ner's,permanent residence orusual place mfreturn for housing as
documented by at least two forms of identification.
3. Host. A person who rents their primary residence for short-term rentals under this section.
4. Hosted Stay. A primary residence where a resident remains on-site during the short-term
rental! guest's stay (except during daytime and/or work houo).
5. Um -Hosted Stay. A primary residence where the resident remains off-site during the short-
term rental guest's stay.
hort'
termrenta|guest'sstay.
C. Applicability.
1. Short-term rentals are required to be e primary residence as defined under this section,
except when either mfthe following appNec
a. TheappUicab|e zone has a 5 -acre or greater minimum parcel size, and the applicable
parcel is5acres orgreater insize.
b. The owner of short-term namta| has a permanent residence and resides on an adjacent
parcel sharing a common property line with the short-term rental parcel.
2. This section does not apply to the use of single-family dwellings when not occupied as a short-
term rental.
3. This section does net apply during times of a declared emergency when short-term rentals
are offered at no cost to individuals displaced from their homes as a result of a disaster.
4. Development Services shall rely upon occupancy records and other sources ofinformation for
the short-term rental in determining all potential code enforcement violations.
4. Short-term rentals located in, the following communities and associated zones are not subject
to the primary residency requirement under C. I above. These communities include seasonal
vacation cabins that are not primmaryresidences. The use ufseasonal vacation cabins imthiase
communities as short-term rentals �re otherwise subject to the requirements of this chapter.
aurTccoumTvsHom-IrxIVIncmTeono|xmmcc
zOpD
m�nC*2s'zou,s
FR -5 (Foothill Residential, 5 -acre minimum)
FR -1 (Foothill Residential, 1 -acre minimum)
PUD (Planned Unit Development)
Jonesville
REC (Recreation Commercial)
Lake Madrone
MDR (Medium Density Residential)
LDR (Low Density Residential)
VLDR (Very Low Density Residential)
Philbrook Reservoir
TMl (Timber Mountain)
D. Administrative Permit Process. Short-term rentals are subject to an administrative permit,
pursuant to Butte County Code Chapter 24, Article 29, and shall be allowed as provided by the
applicable zone (refer to the Use Regulation Tables for each zone to determine if short-term
rentals are allowed), subject to the requirements of this section. The administrative permit
application shall include all information necessary to determine compliance with this section. The
application process shall be subject to a fee in accordance with the latest fee schedule approved
by the Board of Supervisors.
E. Minor Use Permit Process. Any short-term rental that cannot comply with the requirements set
forth under this section but may otherwise support the purpose of this section shall be subject to
a minor use permit and environmental review pursuant to the California Environmental Quality
Act (CEQA). Short-term rentals subject to a minor use perrnit are limited to those parcels 5 acres
or greater in size, located in a zone with a 5 -acre or greater minimum parcel size.
F. Administrative Permit Renewal Process. The administrative permit shall be renewed annually,
based upon the anniversary date of permit issuance. The renewal process shall be subject to a
fee in accordance with the latest fee schedule approved by the Board of Supervisors,. The
Department of Development Services shall issuie a renewed administrative permit upon making
the following findings:
1. No more than two strikes have been issued for violations of this section during the last 24 -
month period;
2. The short-term rental has not been transferred to another person, entity, or landowner;
I The short-term rental complies with the approved administrative permit and all applicable
Butte County Codes and Standards; and,
4. The short-term, rental property is current on, transient occupancy taxes and has paid all said
taxes to the Butte County Treasurer -Tax Collector by the required due date.
No property rights conferred. Short-term rental administrative permits, do not provide a vested
interest, or entitlement in the continued operation of a short-term rental upon a change of property
ownership. Short-term rental permits are revocable permits and shall not run with the land
On
BU IT CCAJi`J fY SHORI FRI'vq RFrfl',AL ORD I NN'JOE
to AI C MI 2 6, 2 l)'I '')'
notwithstanding Butte County Code Section 24-250, Property owners must notify the Butte County
Department of Development Services and the Central Collections Division of the Treasurer -Tax
Collector's Department upon change of ownership. Continued operation of a short-term rental upon
change of ownership will result in a violation of this section
G. Short -Term Rental Restrictions.
1. Short-term rentals are not allowed in structures not intended for residential occupancy
under the current California Building Code Standards, in farmworker housing, or on property
subject to a Williamson Act contract.
2. No more than two short-term rentals may be permitted on the same parcel (e.g. a primary
residence and an approved second unit), and one of the short-term rentals must be operated
as a hosted stay.
H. Transient Occupancy Taxes. Butte County Code Chapter 23-A authorizes the levy of a Transient
Occupancy Tax for overnight stays at all lodging facilities. Short-term rental proprietors must
complete a Transient Occupancy Tax Questionnaire and submit it to the Central Collections
Division of the Treasurer -Tax Collector's Department within ten days of commencing business.
1. Standards. Short-term rentals are subject to the following operation and development standards
at all times. On-site inspections by Butte County or a verifiable self -certification process shall be
required to ensure compliance with all permft standards. By accepting an administrative permit,
the owner agrees to allow on-site inspections by the County at reasonable times.
1. Second and Accessory Dwelling Units. Both a single-family dwelling that is a primary
residence and a second unit on the same parcel may be permitted as a short-term rental.
Accessory Dwelling Units as defined and permitted under Butte County Code Section 24-172
shall not be permitted for use as short-term rentals. The administrative permit shall identify
each of the units permitted as short-term rentals.
2. Appearance, Visibility, and Signage. No alteration shall be made that would identify a
dwelling as a short-term rental, and that would not preserve and protect the residential
character of the dwelling or existing neighborhood'. No signage pertaining to a short-term
rental is allowed excepting as required below under Sub -Section 1 (10) (b) - Posting of Permit
Standards.
3. Commercial Activity Prohibited. Commercial activities and special events, including but not
limited to, weddings, receptions, and parties are prohiblited. All occupants of the short-term
rental shall be notified of the prohibition against commercial activities prior to the
reservation, rental, or lease, and said prohibition shall be a part of any rental or lease
agreement.
4, Building, Fire, and Health Standards. Short-term rentals are subject to the following
development standards:
a. Meet the current California Building Code Standards for the intended occupancy to the
satisfaction of the Butte County Department of Development Services.
BU F8 C"(DUN"Y SHi(JR] 1 L RI'VI RIL ['Q l AL OR[) I r1Ji-VQCE
b. Provision of potable domestic water supply, including bacteriological test results and
verification of availability of adequate quantity of potable water, if an onsite well provides
the domestic water supply.
c. On-site septic system or sewer connection necessary to accommodate the short-term
rental to the satisfaction of the Butte County Public Health Department.
d, Fire extinguishers, smoke detectors, and carbon monoxide detectors shall be maintained
in working order, and information related to all emergency exits shall be provided inside
of the short-term rental.
Trash and Recycling. Trash and recycling receptacles shall be stored out of public view and
serviced on a weekly basis. After pick-up, receptacles shall be returned to storage areas
within 8 hours.
6. Noise Standards. it is the goal of this section to preserve the quality of life and character of
existing residential neighborhoods in, Butte County. In accordance with the Noise Control
Ordinance, Butte County Code Chapter 41A, excessive, unnecessary or offensive noise within
the County is detrimental to the public health, safety, welfare, and peace and quiet of the
inhabitants of the County and therefore is considered a nuisance. Accordingly, noise levels at
all short-term rentals shall comply with Butte County Code Section 41A-7 Exterior Noise
Standards and Section 41A-8 Interior Noise Standards. In addition to compliance with the
Noise Control Ordinance, all short-term rentals shall comply with the following requirements:
a. Property managers shall insure that the occupants of the short-term rental understand
that loud or unreasonable noise that disturbs others and that is not in keeping with the
character of the surrounding neighborhood will result in a violation of this section.
b. Property managers shall immediately respond to all complaints concerning noise levels at
all times. Failure to respond to all verifiable complaints will result in the issuance of a
strike.
c. Quiet hours, shall be observed between 10:010 pm and 7:00 am, Monday through Friday,
and 10::00 pm and 9:00 am on Saturdays, Sundays, and holidays.
d. Outdoor amplified sound is prohibited during quiet hours. Outdoor amplified sound is
allowed dIuring non -quiet hours but shall be kept at a volume that complies with the Noise
Control Ordinance.
e. All occupants of the short-term rental shall be notified of the noise standards as set forth
under this section and said standards shall be a part of any rental or lease agreement.
7. Occupancy and'! Parking. occupancy and parking requirements shall be specified on the
administrative permit application. Table 1 and Table 2 below provide maximum occupancy
and parking requirements depending upon whether the rental is served with public sewer or
an on-site septic system. Additional standards for occupancy and parking are provided as
follows:
a. Size. Depending on the configuration of the building and the adequacy of the potable
water and on-site septic systems, short-term rentals are limited to a maximum of five
rented bedrooms. Each: bedroom shall provide not less than 70 square feet of floor area
for the first two occupants. The total floor area requirements per bedroom shall increase
at a rate of 50 square feet for each occupant in excess of two.
B4 FTE COUNFFY 5F10 I �7 I ERM Rl'-N l Al ORMN AN CE 4 OF is
M)AR'CH 26 ,20,19
b. Maximum Annual Nights for Un -Hosted Stays. Un -hosted short-term rental stays shall
not exceed 90 nights per calendar year, except a 180, nights per calendar year shall be
allowed when, 1) the parcel is located in a zone with a 5 -acre or greater minimum parcel
size; and, 2) the applicable parcel is 5 acres or greater in Size.
c. On -Site Residents. The number of on-site residents shall be subtracted from the allowed
maximum occupancies shown under Table 1 and Table 2.
d, Septic Systems. The number of overnight guests for rentals served by on-site Septic
systems shall be based on two guests per approved bedroom, whether or not the guests
sleep in a bedroom, or if more than two guests sleep in a bedroom, An approved
bedroom is one recognized as such by the Butte County Public Health Department at the
time the on-site septic system was legally constructed.
e. Maximum Occupancy,
L Public Sewer. Short-term rentals served with public sewer shall not exceed 14
overnight guests, excluding children under 3 -years of age, provided the rental meets
the bedroom number standards as per Table I below.
I On -Site Septic System. Short-term rentals served by, an on-site septic system shall
not exceed 10 overnight guests, excluding children under 3 -years of age, provided
the rental meets the bedroom number standards as per Table 2 below.
f. Parking. On-site tandem parking may be permitted if parallel parking cannot be
accommodated on-site. Dimensions for parking stalls shall be in accordance with Section
24-295, Parkiing Design Standards. Parking spaces shall be clearly delineated on the site
plan accompanying the application.
g. Notification. The property owner shall ensure that all contracts, online listings, and
advertisements clearly set forth the maximum number of overnight guests permitted at
the property, and the maximum number on-site parking spaces. All occupants of the
short-term rental shall be notified of these occupancy and parking standards and said
standards shall be a part of any rental or lease agreement.
Table 1. Maximum Occupancy and Parking Requirements
Rentals with Public Sewer
Number of Bedrooms
Maximum Occupancy On -Site Parking
1
4 1
2
8 2
3
10 3
4
12 4
5 or more
14 5
B� j 11-1 [' COU NTY Y i C) R T FF, R NA 1',P f FAA (DR I) I 1',J/\ P:
5 OF 8
MARCH 20):19
Table 2. Maximum Occupancy and Parking Requirements
Rentals with On -Site Septic Systems
Number of Bedrooms Maximum Occupancy On -Sine Parking
1 2 1
2 4 2
3 6 3
4 8 4
5 or more 10 5
8. Daytime Visitors. For each allowed overnight occupant permitted under this section, one
daytime visitor is allowed, up to a maximum often daytime visitors. Additional on-site parking
for all daytime visitors' vehicles, in addition to overnight occupants, must be provided at a
rate of one on-site parking space per two daytime visitors.
9. No Overnight Camping. A short-term rental administrative permit does not authorize any
overnight camping, sleeping in tents, travel trailers, campers, or recreational vehicles.
Recreational vehicles are permitted if they are the primary transportation for the renter or
visitor, but they may not be used for overnnight accommodations during the stay.
10. Property Management. The short-term rental shall be managed and supervised in
accordance with the following requirements and responsibilities:
a. Property Manager. Short-term rentals must have a local property manager who is
available 24 -hours per day, seven days per week during all times that the property is
rented. For hosted stays, the resident host shall be the property manager. For un -hosted
stays, the property manager may be the owner or a designee of the owner. The property
manager must ensure compliance with all requirements set forth in this section, including
the timely response (within 30 minutes) to all complaints and their resolution. The name
and contact information (address, text -enabled phone number, and email) of the
property manager shall be provided on the permit application, posted inside the short-
term rental and be available to any interested party upon request. Property managers
shall provide Development Services with current contact information for identification on
the Department of Development Services Short -Term Rentals registry website.
b. Posting of Permit Standards. A copy of the, short-term rental permit listing all applicable
standards and limits, including the name, text -enabled phone number, and email of the
property manager, shall be posted inside the rental property in a prominent interior
location within six feet of the front door. The applicable prohibitions, standards, and
limits on occupancy shall be included,
c. Disaster Preparedness. Property managers shall make community evacuation
information and maps for the community where the short-term rental is located as
provided by the Butte County Office of Emergency Management available to all guest
HIM
4_j [rrj jn C I [,j I I y S p, I I 1 -1 E I t M
REI,�IAL ORDINANCE 8
Vi A R C I v 26, 01
customers. Applicable community evacuation information and maps shall be posted in a
prominent interior location, within six feet of the front door,
cl, Right to Farm. Pursuant to Butte County Code Chapter 35. Right to Farm Ordinance, the
County of Butte permits the operation of properly conducted agricultural operations on
agricultural land within the unincorporated area of Butte County and residents or users
of property located near an agriculturali operation on agricultural land may at times be
subject to inconvenience or discomfort arising from that operation. The County of Butte
has determined in the Butte County Right to Farm Ordinance that inconvenience or
discomfort arising from a properly conducted agricultural operation on agricultural land
will not be considered a nuisance for purposes of the Butte County Code or County
regulations, and that residents or users of nearby property should be prepared to accept
such inconvenience or discomfort as a normal and necessary aspect of living in a county
with a strong rural character and an active agricultural sector. Disclosure concerning the
allowance of agricultural uses and operations, and the potential for short-term renters to
experience inconveniences, shall be a part of ail rental agreements and posted along with
the permit standards in a prominent interior location within six feet of the front door.
This disclosure shall be approved in accordance with Butte County Code Section 35-8 at
the time of Administrative Permit application.
e. Neighbor Notification of Administrative Permit Standards. At the permit holder's
expense, the Butte County Department of Development Services shall provide a mailed
notice at the time of permit issuance to property owners within 3010 feet of the subject
parcel, and all property owners located on any non -county maintained private road
serving the short-term rental. The notice shall include all applicable standards and
limitations placed upon the short-term rental, the Butte County administrative permit
number, and the County website that contains the official registry of each approved
Short -Term i Rental. The official registry will include the property manager's name, text -
enabled phone number, and email.
f, Internet Posting and other Listings. All advertising, marketing, online hospitality services,
or other types of listing for the short-term rental shall include the following information
in accordance with the approved Administrative Permit:
1. Maximum occupancy of rental, not including children under 3 years of age;
2. Maximum number of off-street vehicle parking spaces located on the property;
3. Notification that quiet hours shall be observed between 10:00 pm and 7:00 am,
Monday through Friday, and 10:00 pm and 9:00 am on Saturdays, Sundays, and
holidays;
4. Notification that outdoor amplified sound is only allowed during specified non -quiet
hours, and is subject to the Butte County Noise Control Ordinance;
5. Notification that commercial activities and special events, including but not limited
to weddings, receptions,, and parties, are prohibited; and,
6. The issued Butte County administrative permit number and the transient occupancy
tax certificate number.
BU T1 E OUNI'Y SHORI-IERPA RL1,41AL ORDINM',ICL
[VIAR� It 2019 7 OF S
J. Enforcement Process. This section contains its own enforcement process as set forth below.
However, this process does not preclude other means of enforcement. Enforcement of this
section may beinaccordvmcewith Butte County Code Section 24-5(F),Enforcement, which may
include, but not be limited to, the procedures asestablished in Butte ComntyCode Section 1-7
(Glenem| Penalty, Continuing Violations), Chapter 32A (Abatement mfPublic Nuisances) and 41
([ode Enforcement Policies and Procedures), as well asany other procedures available in State or
federal law. In no case shmU|the issuance of mmorLasy notice ora warning notice pursuant to
Section 41'2 be required for code enforcement officer to issue e citation pursuant tothis
Section.
L Three Strikes Revocation Rule. Three verifiable administrative citations, violations, or
hearing officer determinations concerning the permit requirements issued to the owner or
occupants at the property within a 24 -month period shall ream|1 in a notice to cease and
desist operations and permit revocation. Revocation issubject toprior notice and 1oappeal,
ifrequested within ten days. |nthe event ofpermit revocation, anapplication tmreestablish
e short-term rental after revocation, shall not be accepted for a minimum period of 24
months.
e. Priartorevocation under this section, atKeosttwo ofthe verified complaints leading to
m citation, vioKation or bearing officer determination shall be filed from separate
households.
2. Complaints. Complaints shall be sent by text message and/or email. Complaints about
potential violations shall be directed to the host/property manager with a copy mmthe
Department of Development Services. If the host/property manager corrects a violation
upon re4uestm/ithin3Omimutea,theviolation shall wutbecounted msastrike under%hethree
. host/property strikes revocation rule under this section The h ' rtym m 8e o m rshaD document the
correction to the complainant, with a text or email copy provided to the Department of
Development Services. If the host/property manager is unavailable or fails to correct a
potential violation, the violation shall be counted as a strike. The Department of
Development Services shall send notice of the strike to the host/property manager and give
the host/property manager the opportomitytorespond. The Department nfDevelopment
Services shall evaluate any response and communicate its determination to the
hmst/propertynmmmager. When three strikes have been documented, the Department of
Development Services shall schedule e revocation hearing to be heard by the Zoning
Administrator.
3. Increased Permit Fee Penalty for Non -Compliance. Any property that is determined to be
advertised for use asashort-term rental without first obtaining the necessary administratka
permit required under this section shall be issued a citation and a notice to cease and desist.
A permit fee penalty of ten times the regular application fee shall be applied to said property
for future short-term rental administrative permit applications.
BUnscoumTY SHORT FEnm�TQ"FALono|mm'KE
8Opo
N1anc*26,2019
24-13
TABLE 24-13-1 PERMITTED LAND USES IN THE AGRICULTURE ZONES [1] [2]
AGRICULTURE ZONES
Key
P Pennitteduse, subject to Zoning Clearance
A Adin iustrative Permit required
M Nlulor Use Permit required
C Conditional Use Permit required
— Use not allowed
Zone
Applicable Regulations
AG
AS
Agricultural Uses
Agricultural Processing
P
P
Animal Grazing
P
P
Animal Processing
C
C
Animal Processing, Custom
P
P
Crop Cultivation
P
P
Feed Store
C
P
Intensive Animal Operations
C
C
Stables, Commercial
C
C
Stables, Private
P [3]
P [3]
Stables, Semiprivate
P [3]
P [3]
Natural Resource Uses
Forestry and Logging
P
-
Mining and Surface Mining Operations
C
C
Chapter 13 Butte County
Code
Oil and Gas Extraction, including reinjection wells for natural gas
C
C
Oil and Gas Extraction, storage or disposal of Well Stimulation
Byproducts
-
-
Section 24-167.1
Timber Processing
-
-
Residential Uses
Agricultural Worker Housing Center
C[3]
-
Section 24-14 (G)
Caretaker Quarters
A [3]
Duplex Home
-
-
Home Occupations - Major
M
-
Section 24-162
Home Occupations - Mi7or
A
-
Section 24-162
Live/Work Unit
-
-
Mobile Home Park
-
-
Multiple -Family Dwelling
-
-
Residential Care Homes, Large
-
-
Residential Care Homes, Small
P
-
Second Units and Accessory Dwelling Units
P [4]
-
Section 24-172
Single -Family Home
P [4]
-
16
AGRICULTURE ZONES
24-13
Key
P Pennitteduse, subject to Zoning Clearance
A Adin iustrative Permit regiured
M Nlulor Use Permit required
C Conditional Use Permit required
— Use not allowed
Zone
Applicable Regulations
AG
AS
`711011 ➢ el 1t Rel 11
...........................................................................................
........
:::
Section 24 172.1
................................................................................
Community Uses
Cemeteries, Private
-
-
Cemeteries, Public
-
-
Child Care Center
-
-
Child Day Care, Large
-
-
Child Day Care, Small
P [3]
-
Section 24-159
Clubs, Lodges and Private Meeting Halls
M [5]
M [5]
Community Centers
-
-
Correctional Institutions and Facilities
-
-
Ctilttiral hnstlttitlons
C
-
Emergency Shelter
-
-
Golf Courses and Country Clubs
-
-
Hospital
-
-
Office, Governmental
-
-
Outdoor Education
P
-
Parks and Recreational Facilities
C
C
Public Safety Facilities
C
C
Religious Facilities
C
C
Schools, Public and Private
-
-
Water Ski Lakes
-
-
Commercial Uses
Adult Businesses
-
-
Agricultural Product Sales, Off -Site
M
M
Agricultural Product Sales, On -Site
P
P
Agricultural Support Services, General
-
C
Agricultural Support Services, Light
-
P
Animal Services
C [7]
C
Section 24-158
Animal Processing, Limited
-
-
Bars, Nightclubs and Lounges
-
-
Bed and Breakfast
M
-
Commercial Recreation, Indoor
-
-
17
24-16 NATURAL RESOURCE ZONES
uses that do not detract from the area's value for habitat, open space, or research. The minimum permit-
ted parcel size in the RC zone is 40 acres. The RC zone allows for one single-family home per parcel.
The RC zone implements the Resource Conservation land use designation in the General Plan. Mining
may be considered by a Mining Permit in this zone when it will result in an improvement or no degrada-
tion of the habitat area as the end use pursuant to the Surface Mining and Reclamation Act.
24-16 Land Use Regulations for Natural Resource Zones
A. Permitted Uses. Table 24-16-1 (Permitted Land Uses in the Natural Resource Zones) identifies land
uses permitted in the natural resource zones.
TABLE 24-16-1 PERMITTED LAND USES IN THE NATURAL RESOURCE ZONES [1] [2]
Key
P Pennitteduse, subject to Zoning Clearance
A Adin iustrative Permit required
M Nlulor Use Permit required
C Conditional Use Permit required
— Use not allowed
Zone
Applicable
Regulations
TM
TPZ
RC
Agricultural Uses
Agricultural Processing
P
M
-
Animal Grazing
P
P
P
Animal Processing
-
-
-
,Animal Processing, Custom
P
P
-
Crop Cultivation
P
P
Feed Store
-
-
-
Intensive Animal Operations
-
-
-
Stables, Commercial
C
-
-
Stables, Private
P
P
P
Stables, Semiprivate
P
M [4]
-
Natural Resource Uses
Forestry and Logging
P
P
-
NEning and Surface NEning Operations
C
C [4]
C
Oil and Gas Extraction, including reinjection wells for natural gas
C
C [4]
-
Oil and Gas Extraction, storage or disposal of Well Stimulation
Byproducts
-
-
-
Section 24-167.1
Timber Processing
P
P
-
Residential Uses
Agricultural Worker Housing Center
-
-
-
Caretaker Quarters
-
-
-
Duplex Home
-
-
-
Home Occupations - Major
M
M [4]
M
Section 24-162
26
NATURAL RESOURCE ZONES
24-16
Key
P Pennitteduse, subject to Zoning Clearance
A Adin iustrative Permit regiured
M Nlitior Use Permit required
C Conditional Use Permit regiured
— Use not allowed
Zone
Applicable
Regulations
TM
TPZ
RC
Home Occupations - Mu7or
A
A [4]
A
Section 24-162
Live/Work Unit
-
-
-
Mobile Home Park
-
-
-
Multiple -Family Dwelling
-
-
-
Residential Care, Large
-
-
-
Residential Care Homes, Small
P
P
P
Second Units and Accessory Dwelling Units
-
-
-
Single -Family Home
P
P
P
`..jI I ➢ f t an lir i Ltal
...........................................................................................
A
........
....
....
� eclioil 24 172.1
................................................................................
Community Uses
Cemeteries, Private C C [4] [5] -
Cemeteries, Public M M [4] [5] -
Child Care Center - - -
Child Day Care, Large - - -
Child Day Care, Small P P P
Clubs, Lodges and Private Meeting Halls - P [5] -
Community Centers - - -
Correctional Institutions and Facilities - - -
CUlttiral Instlttitlons - - -
Emergency Shelter - - -
Golf Courses and Country Clubs - - -
Hospital - - -
Medical Office and Clinic - - -
Office, Governmental - - -
Outdoor Education P P P
Parks and Recreational Facilities C C [4] C [3]
Public Safety Facilities C C [4] [5] -
Religioas Facilities C - -
Schools, Public and Private C - -
Water Ski Lakes - - -
Commercial Uses
Adult Businesses
-
-
-
Agricultural Product Sales, On -Site
-
-
-
Agricultural Product Sales, Off -Site
-
-
-
27
24-19
TABLE 24-19-1 PERMITTED LAND USES IN THE RESIDENTIAL ZONES [1] [2]
RESIDENTIAL ZONES
Key
Zone
P Perinitted use, subject to
Zoning Clearance
A Adinnustrative Permit
required
M Nlinor Use Permit required
C Conditional Use Permit
required
Applicable
— Use not allowed
FR
FCR
RR
RCR
VLDR
VLDCR
LDR
MDR
MHDR
HDR
VHDR
Regulations
Agriculture Uses
Agricultural Processing
-
-
-
-
-
-
-
-
-
-
-
lnimal Grazing
P
P
P
P
P
P
P
P
P
P
P
Section
[15]
[15]
[15]
[15]
[15]
[15]
[15]
24-158
Animal Processing
-
-
-
-
-
-
-
-
-
-
-
,Animal Processing, Custom
P
P
P
P
-
-
-
-
-
-
-
Feed Store
-
-
-
-
-
-
-
-
-
-
-
Crop Cultivation
P
P
P
P
P
P
P
P
P
P
P
[15]
[15]
[15]
[15]
[15]
[15]
[15]
Intensive Animal Opera-
tions
Stables, Commercial
C [3]
C [3]
C [3]
C [3]
-
-
-
-
-
-
-
Stables, Private
P
P
P
P
P
P
M
M
M
M
M
[14]
[14]
[14]
[14]
[14]
Stables, Semiprivate
P [3]
P [3]
P [3]
P [3]
M [3]
M
-
-
-
-
-
Natural Resource Uses
Forestry and Logging
P
P
-
-
-
Mining and Surface Mining
C [4]
C [4]
-
-
-
-
-
-
-
-
-
Operations
Oil and Gas Extraction,
including reinjection wells
-
-
-
-
-
-
-
-
-
-
for natural gas
Oil and Gas Extraction,
storage or disposal of Well
-
-
_
_
_
_
_
_
_
Section
Stimulation Byproducts
24-167.1
Timber Processing
-
-
-
-
-
-
-
-
-
-
-
Residential Uses
Agricultural Worker
Housing Center
Caretaker Quarters
-
-
-
-
-
-
-
-
-
Duplex Homes
-
-
-
-
-
-
P
P
P
Home Occupations -
M
M
M
M
M
M
M
M
M
M
M
Section
Major
24-162
Home Occupations -
A
A
A
A
A
A
A
A
A
A
A
Section
TNEnor
24-162
Live/Work Unit
-
-
-
-
-
-
-
-
-
-
-
36
RESIDENTIAL ZONES
24-19
Key
Zone
P Perinitted use, subject to
Zoning Clearance
A Adinnustrative Permit
regnlled
M Nlinor Use Permit required
C Conditional Use Permit
required
Applicable
— Use not allowed
FR
FCR
RR
RCR
I VLDR
VLDCR
LDR
MDR
MHDR
HDR
VHDR
Regulations
Mobile Home Park
-
-
-
-
-
-
C
C
C
Section
24-167
Multiple -Family Dwelling
-
-
P
P
P
Residential Care Homes,
_
_
M
-
M
M
M
M
M
Large
Residential Care Homes,
Small
P
P
P
P
P
P
P
P
P
P
P
Second Units and
Section
Accessory Dwelling Units
P
P
P
P
P
P
P
P
P
P
P
24-172
Single -Family Home
P [6]
P [6]
P [6]
P [6]
P [6]
P [6]
P
P
P
P
P
➢ f tall;l,f itl:c1,,
` c..I on 2 4.;;;
172.1
........:.................
Community Uses
Cemeteries, Private
-
-
-
-
-
-
-
-
-
-
-
Cemeteries, Public
-
-
-
-
-
-
-
-
-
-
-
Child Care Center
-
-
-
-
C
-
C
C
C
C
C
Section
24-159
Child Day Care, Large
M
M
M
M
M
M
M
M
M
M
Section
24-159
Child Day Care, Small
P
P
P
P
P
P
P
P
P
P
P
Section
24-159
Clubs, Lodges and Private
C
C
C
C
C
-
C
C
C
C
C
Meeting Halls
Community Centers
C
C
C
C
C
-
C
C
C
C
C
Correctional Institutions
and Facilities
CUlttiral lnstlttitionS
-
-
-
-
-
-
-
-
-
-
-
Emergency Shelter
-
-
-
-
-
-
-
-
-
-
-
Golf Courses and Country
C
C
C
C
C
-
-
-
-
-
-
Clubs
Hospital
-
-
-
-
-
-
-
-
-
-
-
Medical Office and Clinic
C [11]
C [11]
C [11]
C [11]
C
-
C
C
C
C
C
Office, Governmental
-
-
-
-
-
-
-
-
-
-
-
Outdoor Education
-
Parks and Recreational
C
C
C
C
C
-
C
C
C
C
C
Facilities
Public Safety Facilities
C
C
C
C
C
-
C
C
C
C
C
37
COMMERCIAL AND MIXED USE ZONES
24-21
E. Sports and Entertainment (SE). The purpose of the SE zone is to allow for sports and entertainment
uses, including sports facilities, golf courses, theaters, and amphitheaters, as well as a range of related
commercial uses that are compatible with the Sports and Entertainment zone. The related uses may
include localized retail, commercial retail, and service establishments. The maximum permitted floor area
ratio in the SE zone is 0.4. The SE zone implements the Sports and Entertainment land use designation
in the General Plan. The Sports and Entertainment designation was enacted under Butte County Ordi-
nance 3570, where additional information concerning this designation may be found. This designation is
unique to several parcels of approximately 100 acres located in Butte Valley near the intersections of
Highway 70 and Highway 191 (Clark Road).
F. Mixed Use (MU). The purpose of the MU zone is to allow for a mixture of residential and commercial
land uses located close to one another, either within a single building, on the same parcel, or on adjacent
parcels. Standards in the MU zone are intended to reduce reliance on the automobile, create pedestrian -
oriented environments, and support social interaction by allowing residents to work or shop within walk-
ing distance to where they live. Permitted commercial uses include general retail, personal services, res-
taurants, professional offices, and other similar uses. Permitted residential density in the MU zone ranges
from a minimum of 6 dwelling units per acre to a maximum of 20 dwelling units per acre. The maximum
permitted floor area ratio in the MU zone ranges from 0.3 to 0.5. The MU zone implements the Mixed
Use land use designation in the General Plan.
24-22 Land Use Regulations for Commercial and Mixed Use Zones
A. Permitted Uses. Table 24-22-1 (Permitted Land Uses in the Commercial and Mixed Use Zones) iden-
tifies land uses permitted in the commercial and mixed use zones.
TABLE 24-22-1 PERMITTED LAND USES IN THE COMMERCIAL AND MIXED USE ZONES [1] [2]
Key
P Permitted use, subject to Zoning Clearance
A Adninustrative Permit required
C Conditional Use Permit required
M Minor Use Permit required
— Use not allowed
Zone
Applicable
Regulations
GC
NC
CC
REC
SE
MIT
Agriculture Uses
Agricultural Processing
-
-
-
-
-
-
,Animal Grazing
P [4]
P [4]
P [4]
P [4]
P [4]
P [4]
Section 24-158
Animal Processing
-
-
-
-
-
-
,Animal Processing, Custom
-
-
-
-
-
-
Crop Cultivation
P [4]
P [4]
P [4]
P [4]
P [4]
P [4]
Feed Store
P
P
P
-
-
-
Intensive Animal Operations
_
-
-
-
-
-
Stables, Commercial
_
-
P
C
-
C [4]
Stables, Private
_
-
-
-
-
A [4]
Stables, Semiprivate
_
-
-
M
-
A [4]
45
24-22
COMMERCIAL AND MIXED USE ZONES
Key
P Permitted use, subject to Zoning Clearance
A Adiniiustrative Permit required
C Conditional Use Permit required
M Minor Use Permit required
— Use not allowed
Zone
Applicable
Regulations
GC
NC
CC
REC
SE
MIT
Natural Resource Uses
Forestry and Logging
Mining and Surface Mining Operations
-
Oil and Gas Extraction, including reinjection wells
for natural gas
Oil and Gas Extraction, storage or disposal of Well
Stimulation Byproducts
-
-
-
-
-
-
Section 24-167.1
Timber Processing
Residential Uses
Agricultural Worker Housing Center
_
-
-
-
-
-
Caretaker Quarters
M [3]
P [3]
Duplex Home
_
-
-
-
-
P
Home Occupations - Major
M
M
M
-
-
M
Section 24-162
Home Occupations - Mi7or
A
A
A
-
-
M
Section 24-162
Live/Work Unit
C
C
C
-
-
P
Section 24-164
Mobile Home Park
-
-
-
-
-
-
Multiple -Family Dwelling
C
C
-
-
-
P
Residential Care Home, Large
M
-
-
-
-
C
Residential Care Home, Small
M
M
P [3]
-
-
P
Second Units and Accessory Dwelling Units
_
-
-
-
-
-
Single -Family Home
P
P
,lbari ➢ chant R,r ictal
...........................................................................................
...
....
...
....
...
....
...
....
...
....
A
........
Section 24 172.1
................................................................................
Community Uses
Cemeteries, Private
-
-
-
-
-
-
Cemeteries, Public
Child Care Center
M
M
M
M
-
M
Section 24-159
Child Day Care, Large
M
M
M
-
-
M
Section 24-159
Child Day Care, Small
P
P
P
-
-
P
Section 24-159
Clubs, Lodges and Private Meeting Halls
P
P
P
C
P
P
Community Centers
C
C
C
C
P
C
Correctional Institutions and Facilities
-
-
-
-
-
Cultural Institutions
C
C
C
C
P
C
Emergency Shelter
C
C
C
-
-
C
46
24-26
TABLE 24-26-1 PERMITTED LAND USES IN THE INDUSTRIAL ZONES [1] [2]
INDUSTRIAL ZONES
Key
P Permitted use, subject to Zoning Clearance
A Administrative Permit required
C Conditional Use Permit required
M Minor Use Permit required
— Use not allowed
Zone
Applicable
Regulations
LI
GI
HI
Agricultural Uses
Agricultural Processing
-
C
P
Animal Grazing
P [4]
P [4]
P [4]
Section 24-158
Animal Processing
_
_
C
Animal Processing, Custom
_
_
_
Crop Cultivation
P [4]
P [4]
P [4]
Feed Store
_
_
_
Intensive Animal Operations
Stables, Commercial
Stables, Private
Stables, Semiprivate
Natural Resource Uses
Forestry and Logging
Mining and Surface Mining Operations
_
_
C
Oil and Gas Extraction, including reinjection wells for natural gas
Oil and Gas Extraction, Storage or disposal of Well Stimulation
Byproducts
-
-
-
Section 24-167.1
Timber Processing
-
C
P
Residential Uses
Agricultural Worker Housing Center
Caretaker Quarters
A
A
A
Duplex Home
Home Occupations — Major
Home Occupations — Mi7or
Live/Work Unit
M
M
-
Section 24-164
Mobile Home Park
Multiple -Family Dwelling
Residential Care Homes, Large
Residential Care Homes, Small
Second Units and Accessory Dwelling Units
Single -Family Home
S,llot I ➢ cl art li f e ttal
54
24-26
INDUSTRIAL ZONES
Key
P Permitted use, subject to Zoning Clearance
A Administrative Permit regiired
C Conditional Use Permit required
M Minor Use Permit required
— Use not allowed
Zone
Applicable
Regulations
LI
GI
HI
Commercial Recreation, Indoor
M
M
-
Commercial Recreation, Outdoor
-
-
-
Construction, Maintenance and Repair Services
P
P
P
Drive -Through Facility
A
A
A
Section 24-160
Equipment Sales and Rentals
P
P
P
Firewood Storage, Processing and Off -Site Sales, Small
-
P
P
Firewood Storage, Processing and Off -Site Sales, Medium
-
M
P
Firewood Storage, Processing and Off-Site/On-Site Sales, Large
-
M
P
Gas and Service Stations
Heavy Equipment Storage
P
P
P
Section 24-173
Hotel and Motel
Hunting and Fishing Clubs
Offices, Professional
Nursery, Retail
-
-
-
Nursery Wholesale
Personal Services
A
A
-
Personal Services, Restricted
Public/Mini Storage
P
P
-
Section 24-169
Recreational Vehicle Parks
Restaurant
A
A
-
Retail, General
A
A
-
Retail, Large Projects
Retail, Restricted
-
-
-
Vehicle Repair
P
P
P
Vehicle Sales and Rental
M
M
M
Vehicle Service and Maintenance
P
P
P
Wine, Olive Oil, Fruit and Nut, Micro -Brewery and Micro -Distillery
Facilities
Industrial Uses
Composting Facilities
-
C
P
Manufacturing, General
C
P
P
Manufacturing, Heavy
-
C
C
56
SPECIAL PURPOSE ZONES
24-29
is intended to promote creativity in building design, flexibility in permitted land uses, and innovation in
development concepts. The PD zone is also intended to ensure project consistency with the General
Plan, sensitivity to surrounding land uses, and the protection of sensitive natural resources. The PD zone
provides land owners with enhanced flexibility to take advantage of unique site characteristics to develop
projects that will provide public benefits for residents, employees, and visitors to Butte County. This
zone is not identified in Table 24-29-1 (Permitted Land Uses in Special Purpose Zones) as it is intended
to allow for a variety of uses and development, refer to Section 24-32 (Planned Development Zone Re-
quirements) for further discussion.
24-29 Land Use Regulations for Special Purpose Zones
A. Permitted Uses in the PB, AIR and RBP Zones. Table 24-29-1 (Permitted Land Uses in Special
Purpose Zones) identifies land uses permitted in the PB, AIR, and RBP zones.
B. Permitted Uses in the PD Zone. Permitted land uses shall conform to the land uses allowed by the
applicable General Plan land use designation. Planned Development zoning is allowed in the Residential,
Commercial and Industrial zones.
TABLE 24-29-1 PERMITTED LAND USES IN SPECIAL PURPOSE ZONES [1] [2]
Key
P Permitted use, subject to Zoning Clearance
A Adninustrative Permit required
C Conditional Use Permit required
M Minor Use Permit required
— Use not allowed
Zone
Applicable
Regulations
PB
AIR
RBP
Agriculture Uses
Agricultural Processing
-
_
C
Animal Grazing
Animal Processing
Animal Processing, Custom
Crop Cultivation
_
See Section
24-31.A.5.a
Feed Store
Intensive Animal Operations
Stables, Commercial
Stables, Private
Stables, Semiprivate
Natural Resource Uses
Forestry and Logging
Mining and Surface Mining Operations
Oil and Gas Extraction, including reinjection wells for natural gas
Oil and Gas Extraction, storage or disposal of Well Stimulation
Byproducts
Section
24-167.1
63
24-29
SPECIAL PURPOSE ZONES
Key
P Permitted use, subject to Zoning Clearance
A Adninustrative Permit regiured
C Conditional Use Permit required
M Minor Use Permit required
— Use not allowed
Zone
Applicable
Regulations
PB
AIR
RBP
Timber Processing
Residential Uses
Agricultural Worker Housing Center
-
-
-
Caretaker Quarters
P [3]
C [3]
Duplex Home
-
-
-
Home Occupations - Major
-
-
M
Section 24-162
Home Occupations - Mi7or
-
-
A
Section 24-162
Live/Work Unit
-
-
C [3]
Section 24-164
Mobile Home Park
-
-
-
Multiple -Family Dwelling
-
-
C [3]
Residential Care Homes, Large
-
-
C [3]
Residential Care Homes, Small
-
-
C [3]
Second Units and Accessory Dwelling Units
-
_
-
Single -Family Home
-
-
C [3]
`�1iat I ➢ r� an li fi ttal
Community Uses
Cemeteries, Private
C
Cemeteries, Public
P
_
-
Child Care Center
C
-
P [4]
Section 24-159
Child Day Care, Large
-
-
-
Chiild Day Care, Small
-
-
-
Clubs, Lodges and Private Meeting Halls
C
-
P [4]
Community Centers
P
-
P [4]
Correctional Institutions and Facilities
C
_
-
Cultural Institutions
M
_
M [4]
Golf Courses and Country Clubs
-
-
-
Emergency Shelters
C
-
-
Hospital
C
-
Medical Office and Clinic
C [5]
C
P [4]
Office, Governmental
P
C
-
Outdoor Education
-
-
-
Parks and Recreational Facilities
P [5]
-
P
64
SUPPLEMENTAL USE REGULATIONS
24-172
C. Standards.
1. Noise Levels. Noise shall be regulated pursuant to Butte County Code Chapter 41A. Noise
Control.
2. Installation. Permanent generators shall be permanently secured on a minimum 31/2 -inch thick
concrete slab extending a minimum of 2 feet beyond the generator on all sides, or shall be anchored
as required in the manufacturer's installation instructions to prevent vibration.
3. Compliance with Noise Standard. Residential generators not meeting the standards set forth
under Chapter 41A. Noise Control shall be brought into compliance in any of the following ways:
a. Cessation of operation;
b. Retrofitting of the generator with a manufacturer -approved muffler or exhaust silencer;
C. Repair of the generator;
d. Replacement of the generator with a conforming generator; or
e. Enclosure of the generator in conformance with Subsection (D) of this section.
D. Enclosure. If needed to comply with the maximum or hourly decibel level, generators shall be enclosed
in a sound reduction enclosure approved by the Building Official. This enclosure shall be constructed
consistent with published County guidelines for generator noise reduction, or may be a commercially
manufactured enclosure. Generator enclosures shall reduce noise to the level required by this section.
Enclosures shall be constructed to meet current California Building Code standards, shall provide a
minimum of 30 inches of interior structural clearance to allow access on all sides of the generator, and
shall be adequately ventilated and vented. The Department of Development Services shall publish and
maintain guidelines for the construction of effective generator noise reduction enclosures.
E. Exceptions. The standards of this section are not applicable to generator noise from the following
sources:
1. The use of any generator related to or connected with an emergency, in order to protect life or
property; or during a temporary power outage; and
2. The operation of any generator for commercial agricultural use.
24-172 Second Units and Accessory Dwelling Units
A. Purpose. This section establishes standards for the location and construction of second units, and
accessory dwelling units in conformance with Section 65852.2 of the California Government Code.
These standards are intended to allow for second units and accessory dwelling units as an important form
of affordable housing while preserving the character and integrity of residential areas within the county.
B. Location. Accessory dwelling units shall be permitted in zones as provided in Part 2 (Zoning Districts,
Land Uses, and Development Standards). Accessory dwelling units are not allowed in the North Chico
Specific Plan area, Timber Mountain (TM), Timber Production (TPZ), Resource Conservation (RC)
zones, or on Williamson Act contracted property. Accessory dwelling units proposed within the Airport
Compatibility (-AC) overlay zone must comply with the allowed residential dwelling units/acre specified
by the Butte County Airport Land Use Compatibility Plan.
215
24-172
SUPPLEMENTAL USE REGULATIONS
C. Second Units. An attached or detached second unit is permitted in place of an accessory dwelling unit
and is subject to all standards and requirements pertaining to accessory dwelling units as described under
this chapter except as otherwise noted under Subsection (F), Size.
D. Site Requirements.
Accessory Dwelling units shall be permitted only on legally -created parcels. Accessory dwelling units
cannot be sold separately from the primary residence.
2. In Agriculture Zones, Accessory dwelling units shall be located in close proximity to the primary
dwelling unit.
E. Guest Houses.
Guest houses shall be excluded from the requirements of this section and shall be regulated pursuant
to Section 24-156(g) (Accessory Uses and Structures).
2. Accessory dwelling units that comply with all requirements of this section are permitted on a parcel
containing a guest house.
F. Size.
The increased floor area of an attached accessory dwelling unit shall not exceed 50 percent of the
existing living areas, with a maximum increase in floor area of 1,200 square feet.
2. The total area of floor space for a detached accessory dwelling unit shall not exceed 1,200 square
feet.
3. Any accessory dwelling unit shall comply with all applicable County regulations, including height
and setback standards, Building Code regulations, and water supply, sewage disposal, and
driveway/road access requirements; provided that accessory dwelling units that are attached to the
primary residence shall not be required to provide fire sprinklers if they are not required for the
primary residence.
4. Second units, whether attached or detached, are not subject to the 1,200 -square -foot maximum size,
and may be larger than 1,200 square feet.
G. Maximum Number Permitted.
Only one (1) accessory dwelling unit shall be allowed on a parcel.
2. An accessory dwelling unit is not permitted on parcels already containing two (2) or more dwelling
units. Agricultural Worker Housing approved by the State of California and Butte County shall not
be counted as a dwelling unit pursuant to this section.
H. Relationship to Primary Dwelling.
An accessory dwelling unit may be within, attached to, or detached from the primary dwelling.
Attachment to the primary dwelling shall be by sharing a common interior wall or common roof.
2. An accessory dwelling unit shall have its own kitchen, bathroom facilities, and entrance separate
from the primary dwelling.
216
SUPPLEMENTAL USE REGULATIONS
24-173.1
3. No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
I. Occupancy. The owner of a parcel developed with an accessory dwelling unit shall reside in either the
primary dwelling or the accessory dwelling unit.
J. Parking. Parking requirements for detached accessory dwelling units shall not exceed one parking space
per unit. These spaces may be provided as tandem parking on an existing driveway.
K. Development Standards. An accessory dwelling second unit shall comply with all development and
design standards of the Zoning Ordinance that are applicable to the primary dwelling, including, but not
limited to, building setbacks, parcel coverage, and building height, however, no setback shall be required
for an existing garage that is converted to an accessory dwelling unit, and a setback of no more than five
feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed
above a garage.
L. Utilities. Accessory dwelling units shall have adequate sewage disposal facilities and potable water
facilities, as determined by the Butte County Environmental Health Division.
M. Site Improvements.
1. As a condition for the issuance of a building permit for an accessory dwelling unit, the existing
driveway or road serving the parcel shall be improved, if necessary, to meet Public Resources Code
Section 4290 (Fire Safe Regulations).
2. Construction of the accessory dwelling unit may require drainage improvements that are customary
for a building permit. The extent and timing of the improvements shall be determined by the
Department of Public Works and shall conform to the technical standards and specifications for
drainage improvements as adopted by the Board of Supervisors.
N. Deed Restrictions. Prior to the issuance of a building permit for an accessory dwelling unit, a covenant
of restriction to run with the land shall be recorded which specifies that the accessory dwelling unit cannot
be sold separately, that the property owner shall reside in either the primary or accessory dwelling unit,
and that the primary dwelling unit and accessory dwelling unit cannot be used for short-term rentals
(terms (rfr,'� t6-i+f30 days ,...(r] lcss), , Vrt,ru;,c�� „ ���� �� �ro�cad sectrnd �a��str tr�er 1 200 5� u���re fr acatl in 5sze
ar���cT be used fin, a slrorttern-1 rent"I t to k . tte Cou.Ii Code section 2J 171L ��iicl estlrer tile,
l��s�r.�a;t c�we7lln+� or second c��rellin+� or V_rotlr array Vre u�sec� ��s �� s Tort fere sent��l �sovi�lec� t➢:rat the owner
scside,�y say tlrc prsa:r. 1s,Y or second a.Iii t. i t� t, J;; hese restrictions shall be binding on successors in
ownership.
24-173.1 Heavy Equipment Storage in the VLDR (Very Low Density Residential) Zone
A. Purpose. This section establishes minimum standards and permit requirements for the storage of heavy
equipment used by individual contractors/dri"Ters for off-site commercial jobs.
B. Location/Applicability. This section applies to the Very Low Density Residential Zones as shown
under Part 2 (Zoning Districts, Land Uses, and Development Standards). The allowance of Heavy
Equipment Storage for all other zones is set forth under Section 24-156 (Accessory Uses and Structures)
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GLOSSARY 24-303
Sections:
24-303 — Purpose
24-304 — Definitions
24-303 Purpose
This article defines terms and phrases used in the Zoning Ordinance that are technical or specialized, or
which may not reflect common usage. If any of the definitions in this article conflict with others in the Butte
County Code, these definitions shall control only for the provisions of the Zoning Ordinance. If a word is
not defined in this article or in other provisions of the Zoning Ordinance, the Zoning Administrator shall
determine the appropriate definition.
24-304 Definitions
200 Year Floodplain. Areas that have a 1 -in -200 chance of flooding in any given year using criteria consistent
with, or developed by, the Department of Water Resources. As used in this chapter, the term shall be
ascribed to all areas labeled as such on Health and Safety Element Figure HS -2.
Accessoy Kitcben. A second kitchen that is either attached to or detached from the primary dwelling, not
associated with a second dwelling unit, and is used for entertaining, hobby, or used for commercial purposes
related to a Home Occupation.
Accessoy Structure. A structure that is subordinate to a primary structure such as a single-family dwelling or an
allowed use within a zone. The use of an accessory structure is incidental to that of the primary structure or a
use allowed by a zone. Excluded from this definition are trash enclosures, planter boxes with a maximum
height of 42 inches, small -animal pet shelters, playground equipment, small sheds not subject to a building
permit, and similar structures.
Accessoy Use. A use that is incidental, related, appropriate, and clearly subordinate to the primary use of the
parcel, building, or zone, which does not alter the primary use of such parcel, building, or zone, nor serve
property other than the parcel of land on which the primary use is located.
Acidiing. Any well stimulation treatment that uses, in whole or in part, the application of one or more acids,
at any pressure, into a well or an underground geologic formation in order to cause or enhance, or with the
intent to cause or enhance, the production of oil, gas or other hydrocarbon substances from a well. Acidizing
may include, but is not limited to, processes known as acid fracturing and acid matrix stimulation. Acidizing
does not include routine well cleanout work, routine well maintenance, routine activities that do not affect the
integrity of a well or an underground geologic formation, or treatments that do not penetrate into an
underground geologic formation more than 36 inches from the wellbore.
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24-304 GLOSSARY
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Variance Major. A discretionary permit approved by the Planning Commission that allows for deviation from
development standards contained in the Zoning Ordinance by more than 10 percent.
Variance, Minor. A discretionary permit approved by the Zoning Administrator that allows for deviation from
development standards contained in the Zoning Ordinance by 10 percent or less.
Vegetation, Native. Any plant species with a geographic distribution indigenous to all or part of Butte County.
Plant species that have been introduced by humans are not native vegetation.
Vegetative Buffer. An area adjacent to a sensitive natural feature within which development restrictions apply.
Vehicle. A device by which any person or property may be propelled, moved or drawn, except a device
moved by human power or used exclusively upon stationary rails or tracks.
Vehicle Re* and Maintenance. An establishment for the repair, alteration, restoration or finishing of any
vehicle, including body repair, collision repair, painting, tire and battery sales and installation, and towing.
Repair shops that are part of a vehicle sales or rental establishment on the same site are excluded from this
definition.
Vehicle Sales and Rental. An establishment for the retail sales or rental of new or used vehicles. May include
parts sales and vehicle repair, provided that these activities are incidental to the sale of vehicles.
Vehicle Service and Maintenance. An establishment providing limited vehicle repair and maintenance services.
Examples of Vehicle service and maintenance uses include self-service car washes, detailing services, quick -
lube services, tire and battery sales and installation (not including recapping), vehicle repossession and towing
services. Major vehicle repair such as painting and body work and vehicle impound yards are excluded from
this definition.
Wl'arehousing Wl'bolesaling and Distribution. An establishment used primarily for the storage, selling or
distributing of goods to retailers, contractors, commercial purchasers or other wholesalers, or to the branch
or local offices of a company or organization. Examples of Warehousing, Wholesaling, and Distribution uses
includes vehicle storage, moving services, general delivery services, minor waste tire storage facilities, fuel
yards and house boat storage yards where no maintenance of house boats occurs. The storage of flammables,
explosives, or materials that create dust, odors, or fumes is excluded from this definition.
Wl'atershed. The entire region drained by a waterway or watercourse that drains into a lake or reservoir.
332