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HomeMy WebLinkAbout41611 2 3 4 5 6 7 8 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 26 I Nyr-Nkr-ywl 9 1[* v AN ORDINANCE OF THE COUNTY OF BUTTE AMENDING CHAPTER 24, ENTITLED "ZONING," 1) MAKING THE FOLLOWING AMENDMENTS TO THE OFFICIAL ZONI MAP: A REZONE FROM AG (AGRICULTURE,) TO AS (AGRICULTURE SERVICES) FOR 4 PARCELS IN THE RICHVALE AREA; AND, 2) MAKING THE FOLLOWING TEXT AMENDMENTS TO CHAPTER 24: TEXT AMENDMENTS FOR THE PUBLIC HEARING PROCESS FOR LARGE CHILD DAY CARE FACILITIES, BUTTE COUNT CODE SECTION 24-159 (E); APPROVAL, OF AN ADMINISTRATIVE PERMIT PROCESS UNDER ARTICLE 16, RIPARIAN AREAS, SECTIOI 4-78 (C); PROVIDING CONSISTENCY WITH BUTTE COUNTY CODE CHAPTER 33B. BAN ON HYDRAULIC FRACTURING IN THE ZONING ORDINANCE; REMOVAL OF ALLOWANC OF ADULT BUSINESSES IN THE LI (LIGHT INDUSTRIAL) ZONE; PROVIDING FOR ZONING ADMINISTRATOR AUTHORITY RELATED TO GOVERNMENT CODE SECTION 65402 (GENERAL PLAN CONFORMITY FOR LAND ACQUISITIONS AND DISPOSAL),- AND, ALLOWANCE OF FREESTANDING AND MONUMENT DIGITIAL SIGNS IN THE COMMERCIAL, PUBLIC, INDUSTRIAL, AND AIRPORT ZONES UNDER ARTICLE 20. SIGNS, SECTION 24-100, SECTION 24-103, TABLE 24 105-1, TABLE 24-105-2, AND SECTION 24-106 The Board of Supervisors of the County of Butte ordains as Section 1. Chapter 24 of the Butte County Code and the Official Zoning Map is amended as provided for under "Attachment A", incorporated herein by reference. Section 2.- Severability. If 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 provision shall be deemed severable, and the invalidity thereof shall not affect the remaining provisions or other applications of the Ordinance which can be given effect without the invalid provision or application thereof. Section 3. Effective Date and Publication. This Ordinance shall take effect thirty (30) days after the date of its passage. The Clerk of the Board of Supervisors is authorized 1 2 3 4 5 6 7 8 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 26 and directed to publish this ordinance before the expiration of fifteen (15) days after its passage., This Ordinance shall be published once, with the names of the members of the Board of Supervisors voting for and against it, in the a newspaper of general circulation published in the County of Butte, State of California. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, on the 7t" day of May, 2019, by the following vote: AYES: Supervisors Connelly, Lucero, Ritter, Teeter, and Chair Lambert NOES: None ABSENT: None NOT VOTING: None STEVE LAMBoe, Chair Butte County Board of Supervisors ATTEST: S MCCRACKEN, Chief Administrative Officer and Clerk of the Board By: Depot I SIGNS Sections: 24-98 — Purpose 24-99 — Applicability 24-100 — Definitions 24-101 — Signs Allowed \Vithout Permits 24-102 — Pertnit Requirements 24-103 — Prohibited Signs 24-104 — General Standards 24-105 —Types of Signs Allowed by Zone 24-106 — Standards for Specific Types of Signs 24-107 — Master Sign Program 24-108 —Temporar ySigns 24-109 — Nonconforiming Signs 24-98 24-98 Purpose `I'his article establishes regulations relating to the permitted type, size, height, placement, and design of signs. 'I'lie intent of these regulations is to: A. Support economically viable businesses serving (:(:aunty residents, workers andvisitors; B. Preserve and enhance the scenic qualities of mral and open space areas; C. Promote luigh quality design and attractive communities within urban areas; D. Minimize hazards to pedestrians and motorists caused by distracting sign displays; and E. Provide standards for signs that safeguard life, health, property, and the pubhcwclf,-Lre. 24-99 Applicability The standards 111 this article apply to signs within all zones. 24-100 Definitions A. Awning Sign. A sign incorporated into, attached to, or painted on an awning. B. Banner Sign, A sign made of fabric, cloth or any other non-rigidmaterial. C. Community Identification Sign. A sign that identifies or announces entry into a city, neighborhood, or unincorporated community within Butte Count)% D. Farm Sign. A sign identifying a farm or ranch, including an agricultural processing business. E. Farm Trail Sign. A sign identifying an agricultural use, farm trail or tour route, including wineries and tasting rooms, olive oil manufacturing and tasting, and other agritourism destinations, which offer on - 143 RM site product sales, educational, programs, and other set -vices in order to promote and market local i 1CLI gr Itural operations in Butte County. SIGNS F'. Freestanding Sign. A sign fixed in an upright position on the ground not attached to a structure other than a frarnework, pole, or device that is erected primarily to support the sign. Excludes Moriurrient signs, G. Freestanding Siai,Iii gital. A sign fixed in atiul2right3-)osi6on orithe Vround not attached to astructure other than a framework, pole, or device that is erected primarily to support the siW3 that uses digital - display tecbriol=:.as a. means of chap `rig sign images. Excludes Monument siga—s. H. Freeway Sign. An on-site sign that advertises a business providing a service primarily for the freeway - motoring public, such as gas, food, or lodging. L Monument Sign. An independent, freestanding structure supported on the ground having a solid base as opposed to being supported by poles or open braces. J. Monument Si M Digital. An indeliendent, freestanding structure. supported on the ground havii2ga scalid base as (M)osed to beine, sUDt)orted be, i)olcs or oinen braces tha.tus.es d tal-display technoloLn, as a means of changn�ig sign unages. K. Off -Site Sign. A sign identifying a use, facility, service, or product which is not located, :sold, or manufactured on the same premises as the sign or which identifies a use, service, or product by a brand name which, although sold or nianufact-ured on the premises, does not constitute the principal item for sale or manufactured on the prel-111'ses (aka as a billboard sign). L. Off -Site Sign, Digital. An off-site sign as defined above that uses digital -display technology as a means of changing sign images. M. Projecting Sign. A sign attached to a building wall and extending away frons the wall more than 12 inches, generally at a right angle to the building wall. N. Sign. Any device, structure or fixture designed or used to attract attention to an object, person, institution, business, product, service, event, or location by any n-icans, including words, letters, figures, designs, symbols, fixtures, colors, illurniination, or projected images. 0, Temporary Sign. A sign intended to be displayed for a limited period of time and capable of being viewed from a public right-of-way, parking area or neighboritigprol?erty. P. Wall Sign, A sign which is attached to or pallited on the exterior wall of a Structure with the display surface of the sign approximately parallel to the building wall. Wall signs include any interior sig'ni which faces a window exposed to public view and is located within 5 feet of the window. Q. Window Sign. ,'1 sign posted, painted, placed, or affixed in or on window exposed to publicview. 24-101 Signs Allowed Witbout Permits A. Types of Signs.The following signs are allowed without permitand do not count towards theallowable area or number of signs on a site. 1. A sign no greater than 8 square feet that is consistent with all applicable standards in this article. 2. 'temporary signs. See Section 24-108 (temporary Signs). 3. Directional signs. 144 ORDINANCE ATTACHMENT A SIGNS 24-102 4. On-site directional or informational signs that provide information for the convenience or safety of the public, with a maximi -tan area of 5 square feet. This type of sign includes directional signs in parking lots, sign,,; listing hours of business, and signs identifying the locations of telephones or restrooms, 5. Official flags of -,in), inunicipality, state, nation, or fraternal or religious organization, if the pole height is 25 feet or less and the flag's longest dimension is 25 percent or less of the pole's length. 6. One commemorative plaque that is cut into a permanent building material or made of a noncombustible material, with a maximum area of 16 square feet. 7. One construction sign, with maximum area of 32 square feet. 8. One professional name plate, Nvith a maximum area of 16 square feet. 9. One bulletin board on the prernises of a inecting facility or public building, with a inaximuin area of 12 square feet. 10� One garage sale sign at the residence where the garage sale is taking place, with a maximum area of 16 square feet. 11. Signs within a building, or on the premises of a building, that are not visible from a public street. 12. Murals on the exterior of a building that do not advertise a product, business, or sen7ice. 13. Temporary exterior decorations and banners that are associated with a seasonal, cultural, religious, or national holidays, and that are not used to advertise -,I product, business, or service. 14. Signs that are required by local, State, or federal law or by court order. 15. Signs that are posted or required by a government agency, or a public 116liti, or senrice, or private road signs installed in accordance with County standards that are essential to protect the public health, safety, and welfare, including official signs for traffic control, official public notices, and warnings of potential hazards. 16. On-site signs used by businesses providing directional information for access, circulation, and transportation. B. Changes to Sign Face. Changes to a sign face that do not structurally -alter the sign or its size are allowed without a permit. 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 Adininisti7ative Permit, except as noted in subsection C and 17 below, B. Submittal Requirements. An Administrative Perinit application fora sign shall include all information and materials required 1)), Article 29 (Administrative Perinits). A Conditional Use Permit or Minor Use Permit application for a sign shall include all information and materials required by Article 31 (Conditional Use and Minor Use Permits), Applications shall also include: 145 ORDINANCE ATTACHMENT A 24-103 SIGNS 1. 'I'lic name and address of the property owner and the sign contractor; 2. Site plans showing the location of the proposed sign; 3. Scale drawings showing the sign design and materials; 4. Ali inventory of the location, sign area, and sign type of all existing signs on the site, excluding signs that are allowed without a hermit; and 5. Any additional information required by the Zoning Administrator to verify compliance with this article. C. Zones Abutting Residential Zones. A Conditional Use permit shall be required for any freestanding, freeway, or off-site sign proposed on any Commercial, Mixed-Usc, or Industrial zone that abuts a residcritial zone. D. Off -Site Sigrt, Digital. A Nlinorl-Tse permit shalt be required for any off-site digital sign. 24-103 Prohibited Signs The following signs shall be prohibited: A. Signs that identify a use, facility, or service which is not located on the parcel or premise where the sign is located, except for temporary real estate signs consistent with Section 24-108 (Femporary Signs) and off-site billboards in industrial zones and the General Con-imercial zone consistent with Section 24-105 (lypes of Signs Allowed by Zone.). B. Any sign that projects above the building wall or roof to which it is affixed. C. S.1gris that have become a public nuisance due to Hi'ladequate maintenance, dilapidation, or abandonment, D. Signs that obstruct a door, window, fire escape, or other required access way. E. Signs that encroach into any .right-of-way or easetrient, means of ingress or egress, (:)r path of travel, except as specifically allowed by diis article. F. Signs containing obscene matter. G. Signs that were unlawfully installed,, erected, ormaintaincd. H. Signs that include any part that appears to flash, blink, move, change color, or change intensity, excluding approved off site digital signs, standard barber poles, tin -le and temperature signs that are located in commercial and industrial zones, and c(.-mirrittaity identification signs. I. Signs that errilt sound. J. Signs that interfere with visibility for drivers at all intersection, public right-of-way, or driveway. K Signs adversely affecting traffic control or safety. L Signs located (.)it public property, excluding official signs that are posted or required by a governinent agency, public utility, or public service. 146 &GNS M. Signs attached to a tree. 24-104 N. Signs that have less horizontal or vertical clearance from overhead utilities than required by State agencies, 24-104 General Standards A, Measurement of Sign Area. 1. The area of each face of a sign is measured as the area of the smallest rectangle or circle. that encloses all of the words, characters, usages, and symbols on the sign face, and also includes any border or frame around any information and any background color on the sign face. 2. The area of a sign that has two parallel and back-to-back faces is counted only, once. For such a sign, the area shall be measured as the area of the largest face. 3, 'Hic area of a dirce-dirnensional sign is measured as the area of the smallest rectangle that encloses the projection of that sign onto a vertical plane. 4. Structural elements that are clearly incidental to the display of a sign and that do not include advertising are not counted as part of a sign's area. B. Maintenance. Signs shall be maintained in a state of good repair at all times. Damage to signs, including cracked sign faces, frayed or weathered fabric, and broken lighting, shall be repaired. C. Illumination. All signs may be illuminated from an internal or external light source. Illuminated signs in residential zones shall comply with the provisions of Article 14 (Outdoor Ligh ting). Signs with individual, three-dimensional letters may also use rear "halo" illumination for each letter. D. Setbacks. Freestanding, monument, freeway, and off-site signs taller than 42 inches shall not be located within 15 feet of any parcel line adjacent to a residential zone or within 14 feet of any, intersection, driveway or alley-, or obstruct adequate and safe. sight distance for vehicles as deterinined by the Director of Public Works, unless it can be certified by a Registered Civil Engineer that the sign will not obstruct adequate and safe sight distances. "I'llerc shall be no setback requirements for all other types of signs. No sign shall be placed withdn an), road right-of-way. E. Removal. If an establishment ceases to operate for a period of two years, all signs and their structures associated with the establislit-nent shall be removed. Blank, broken, abandoned, or unused signs on a parcel not used by the existing business shall be removed, unless plan for use is presented and approved by the Zol-ningAdmirristrator. F. Content Neutrality. It is the County's policy to regulate signs in a constitutional manner that is content neutral. G. Traffic Safety. No sign shall restrict safe, sight distances for vehicles, on any public or private road as approved by the Director. of Public Works. 147 ORDINANCE ATTACHMENT A 24-105 SIGNS 24-105 Types of Signs Allowed by Zone A. Residential Zones. I A dwelling unit may display one wall or window sign, m conjunction with a lJorne Occupation (Section 24-162). 2. A multiple- family residential development that contains at least four dwelling units may include one entrance or fivestanding sign, with a maximum area of 10 square feet, and one window, awning, or canopy sign, with a maximum area of 5 square feet. 3. For residential Subdivisions of 15 or more units, a maxinurn of two monument or freestanding signs may be displayed at each entrance to the subdivision. Tach sign shall have a n-taXinum area of 18 square feet and maximum height of 6 fent. The signs shall be located on privately-owncd parcels, and a requirement for permanent maintenance by a homeowners' association or similar entity shall be recorded on the parcels. B. Commercial, Mixed Use, and Public Zones. 1. In all commercial and mixed use zones, signs shall be permitted as specified in Table 24-105-1 (Allowed Signs in Commercial, Mixed [.Use, and Public Zones).Types of signs are illustrated in.Figure 24-105-1 (SigriTypes). '7'mm.1.,24-105-1 Permitted Sign Maximum Maximum Area Maximum Types Number of Signs Per Sign Height Awning signs I t-,ign per tenant on each building 50 fILTC.Cnt of awning area, or 25 Not to exceed the eaves of the frontage se. ft., Whichever is less building to which it is affixed Freestanding sign"'; A111 I reettandinSit;ns Digital I sign per 300 lineal ft, ol'building frontage, with rit) more than 2 signs per building frontage and 3 49)A sq. ft, 12 ft, 144 I Monument signs; anLl. 1 1 Monument Signs, Diital signs per site 32 sq. ft, 6 ft, Off -Site Signs, and, (' )ft - Site Signs, Dig nal 111121 1 672 sq. ft. 55 ft. 121 131 100 sq. ft. for one face; 200 F'reewav Signs 1 per parcel ft. for the total of two or more 40 ft. faces Va sq. ft. per hjacal foot of Projecting signs I sign 1wr tenant on each building Frontage building frontage Not to exceed the caves of the '/4 Cl.%'ft. pefineal foot of Wall signs buildinr g frontage building or highest elevation ofto it is afftxed Window signs No maxinium 25 I-WrCLAIt OfWindow I Maximurn (Section 24-106.1)) N&W: III Off-site signs, shall bc locaicd a TuitliTnUM diSM11CC of 500 feet From another off-ske sign on the sline side of street that is Four I"Alles (Iwo lanes in C"Ich direction), and 300 feet between signs on ctrl cts or reads that are two Lines (one lane it) each direction). 121 35 -feet for rwo-hne roads (I lane 9n each direction) 131 Off-site signs are permitted in the (;erlcral Commercial zoning district only. Probibitgd in MjN� O� L'I 4e ZojjQ*' 148 149 SIGNS 24-105 F'i(ujiu:24-105-1 SIGN `1``m"1'11;5 L 11-1 Window Sign Wall Sign Off -Site Billboard 24-105 2. Signs associated With a residential use or parcel within a commercial or n-lixed use zone shall comply with Subsection A (Residential Zones) above. SIGNS C. Industrial Zones. In all industrial zones and the Airport (AIR) zone, signs are permitted as specified in'rable 24-105-2 (allowed Signs in Industrial and Airport (AIR) Zone,,,). TAIfl,i;24-105-2 ALLOWFA) SIGNS IN INDUSTRIAL ,4Nt) Anuoln, AIR) ZoNu"S 150 Maximum Number Maximum Area Permitted Sign Types of Signs Per Sign Maximum Height 50 percent of awning area, or 25 Not to exceed the caves or the Awning signs None sq. ft., Whichever is less highest elevation of the building to which it is of Freestanding signsL�4 1 1 sign per 300 lineal ft. of building 64 sq, ft. 12 ft. 1,'reesgnlist g frontag ,,c, with 111) U101 -C th-,m 2 signs per building frontagc and 3 Monurnentsigns-- 48 sq. ft. 6 ft, Monument Sig1ji—Di4rital 141 signs per site 150 Projectingsigns Maximum Number Maximum Area Permitted Sign Types of Signs Per Sign Maximum Hen ht Off -Site Signs; Off-Sitc I sign per sheet frontage, with no shore than 3 signs per parcel 672 sq, ft, 55 ft. 13) Signs, Digital Ill 121 building frontage highest elevation of the btiddiog to which it is affixed. Window signs Freeway sign, I per parcel 100sq. ft. for one face; 200 sq� ft, 40 ft, building to which it is affixed Window signs for two or more faces projecting sign,., I sign per tenant on each frontage 'A sq� ft� per lineal foot of Farm trail signs I sign per farm 6 scld ft. bifflding frontage Not to exceed the caves or the 1 sign per location 31.111 sq, ft, sq, ft. per lineal foot of Wall signs No rilaxininni boilding frontage highest elevation of the building;, to which it is affixed. Window signs 25 percent of window maxinILITY) 1 32 sq, ft, 1 6 ft. (Section 24--106 I)7 Projectingsigns I sign per terialit oil each 1/2 sq. ft. per lineal foot of Permitted Sign Types frontage bifilding Frontage Not to exceed the cav(^s or the Freestandingsigns I sign per sheet frontage, with no shore than 3 signs per parcel sq� ft. per lineal foot of Wall signs No nixximniii building frontage highest elevation of the btiddiog to which it is affixed. Window signs 25 percent of window niaximilin (Section 24-106.1)) building to which it is affixed Notes ill 0 ff-sile signs shall be locaicd a rnitarnUrn distance of 500 feet from anot her off -stye sign oil the sane', side of streci i hat is four lanes (two Innes in each direction) and 300 feet bee ween sigm oil smets or roads that arc lwo tanes (onc Line in each direction). 121 131 35 feet for two-lane roads (one lane in each dircction), 1,11 Freesiandink, signs, digitaL and inonument sa,gns, digital are SUbjCCU W �1 Minor USC JVM14 in Lhe Airport Zone. D. Agriculture and Natural Resource Zones. I In all agriculture and natural resource zones,signs shall be peri-nittedas specified in 'fable 24-105- 3 (Allowed Signs il-i Agriculture and Natural Resource Zone,,,). T,ut,i?24-105-3 Au.cwu't) Sj(;NS IN Auz icuj"FU R H' ANI) Nz\'I'Utzj.Nj. R1;S0 Ia RCI a*' ZON F -S 2. The maxitnurn total area for all signs on an -agricultural parcel shall be I -square -foot per, lineal foot of building frontage, or 200 square feet, whichever is less, 3, Signs associated with a residential use or parcel within ,in agriculture zone shall comply with Subsection A (1�esidential Zones) above. E. Planned Development (PD) and Research Business Park (RBP) Zone. Sigriage within Planned Development (PD) and Research Business park (R13P) zones shall comply with the standards and specifications contained within an approved Master Sign Prograin. W Maximum Number Maximum Area Permitted Sign Types of Signs Per Sign Maximum Height Freestandingsigns I sign per sheet frontage, with no shore than 3 signs per parcel 32 sq. ft. 6 ft. Montintent signs Projecringsigils 1 sign per tenant oil cacti Inidding from rage Not to exceed the eaves, of the Wall signs building to which it is affixed Window signs 25 percent of window ritaxinintil (Section 24-106.1)) Farm trail signs I sign per farm 6 scld ft. 6 ft, (",ornmonity identification 1 sign per location 31.111 sq, ft, 20 tat. sig ns I I I Farill signs I I sign per location 1 32 sq, ft, 1 6 ft. 2. The maxitnurn total area for all signs on an -agricultural parcel shall be I -square -foot per, lineal foot of building frontage, or 200 square feet, whichever is less, 3, Signs associated with a residential use or parcel within ,in agriculture zone shall comply with Subsection A (1�esidential Zones) above. E. Planned Development (PD) and Research Business Park (RBP) Zone. Sigriage within Planned Development (PD) and Research Business park (R13P) zones shall comply with the standards and specifications contained within an approved Master Sign Prograin. W ORDINANCE ATTACHMENT A 24-107 S$GNS 24-106 Standards for Specific Types of Signs A. Freeway Signs. Freeway signs shall be permitted only if all of the following criteria are net: 1, The sign is located on the: same parcel as the business being advertised; I 'fhe sign is located on a parcel that is located a maximum distance of 800 feet from the centerline of State Route 99 and/or State Route 70 at its closest point; and 3. The sign advertises a bus.incss that provides a service primarily for the freeway -motoring public, such as gas, food, or lodging . B. Awning Signs. Awrwilg signs that are suspended beneath .in awning shall provide at least 8 feet of clearance above the ground, shall not extend more than 5 feet into the public right-of-way, and shall provide a rrtinirnum 2 -foot horizontal clearance from the street curb face. See Figure 24-106-1 (Awning Signs). C. Projecting Signs. Projecting signs shall provide at least 8 feet of clearance above the ground, shall not extend more than 5 feet into the public right-of-way, and shall provide a minimum 2foot horizontal clearance from the street curb face. See Figure 24-106-2 (Projecting Signs). Fj(,,um,,24-106-1 AWNINGSIGNS 5 ft Street Fi(;uiu; 24-106-2 PRO'JECTIM; SK;NS 56 Street D. Window Signs. Window signs shall not cover more than 25 percent of any window, If a window has multiple panes, the window's total area shall be measured as the framed area of all panes. E. Digital Sig_ns, Off -Site Signs5 Bigitfat, Freestanding, and Monument. Off-site, Freestanding, and itionument dig%al signs shall be permitted only if all of the following criteria are met: 1. All digital display faces must be oriented primarily for viewing from the adjacent roadway. 152 ORDINANCE ATTACHMENT A SIGNS 24-106 2. The sign may onl), present a series of still images, each of which is displayed for at least eight seconds. The still images n -lay not move or present the appearance of motion and may not use flashing, scintillating, blinkil-1g, or traveling lights or any other means not providing constant illumination. Transition between one still image and the next shall not include any interval of black or blank screen dine. 3. The light emitted from the sign shall not be of an intensity or brilliance as to cause direct iflun-driation of an adjacent residential area, impair the vision of any driver, or interfere with any drivers operation of a motor Vehicle. The following standards for lighting are required for all digital off site signs: a. The �hraH contain an automatic dimmer and a photo cell sensor to adjust the luminance intensity or brilliance in accordance with these standards. b. The sign shall not operate at an intensity or brilliance that will exceed 0.3 footcandles above ambient light (as measured using a footcandle meter at a distance of 250 feet frorn the sign face). c. The sign shall not operate at an intensity or brilliance that will exceed 0.1 footcandles above ambient light as measured using a footcandlc meter in any adjacent residential :one 24-107 Master Sign Program A. Purpose.The purpose of these Master Sign Program provisions is to Provide a coordinated approach to signage for multi -tenant commercial developments. B. Applicability. blaster Sign Program shall be prepared for multi-farnilly tise ,-,,itb nriore than one pern)'Ament sign 0 proposed, and any non-residential development with six or more tenants. 2. A Master Sign Program shall be required for any proposed development project within a planned Development (PD) and Research Business Park (RBP) zone. C. Permit Required. AMaster Sign program shall require the approval of an AdministrativePermit. D. Application. An Administrative Permit application for a Master Sign Program shall include all information and materials specified in Section 24-102 (Permit Requiretrients). In addition, an application shall include a written statement identifying how the proposal will modify any of the regulations or standards of this article, if applicable, and explaining how these modifications would contribute to a superior project design than would otherwise result from the standards contained in this article. E. Design Standards. 1, A Master Sign Program may deviate from standards contained in this article relating to perinlitted sign height, number of signs, sign area, and type of sign. 2. Master Sign Programs shall feature a unified and coordinated approach to the triatexials, color, size, type, placement, and general design of signs proposed for a project or pro perty. 153 ORDINANCE ATTACHMENT A 24-109' F. Effect of Master Sign Program. SIGNS Ml subsequent signs proposed for a development or property subject to an approved Master Sign Program shall comply with the standards and specifications included in the Master Sign Program. 2. Approval of a Master Sign Program shall supersede the regulations of this article..Any aspect of the proposed signs not addressed by the Master Sign Program shall be in compliance with this article. 24-108 Temporary Signs I I I emporary signs that comply with the following standards shall be pertnitted without an.Atirministrative Permit. A. Real Estate Signs, On -Site. 1. Residential properties. 11. One sign no amore than 6 square feet in area and 6 feet in height shall be permitted on an individual parcel, b. Two temporary signs no more. than 32 square feet in arca and 6 feet in height shall be permitted for residential subdivisions with four or more parcels with less than 50 percent of parcels sold. 2. Non-residential properties. One sign no more than 32 square feet in area and 6 feet iii height shall be permitted for each street frontage. 3. All temporary on-site real estate signs ;hall be removed seven days after property is no longer offered for lease, rent, or sale. B. Real Estate Signs, Off -Site I Portable "open house" A-frarne real estate signs shall be no more. than 3 feet in height and 6 square feet in area. Signs shall be prohibited within the public right-of-way and shall remain in place for a rnaxirnurn duration of 48 hours. 2. Non-portable real estate, subdivision, or development signs secured in place at a specific off-site location shall be no more than 32 square feet in area and 6 feet in height. Signs may be displayed for a maximum duration of 2 years or the duration of development activity, whichever is less. No more than two signs may be displayed for a single property, subdivision, or development project. C. Political Signs. 1. Signs shall be installed no earlier ffian 90 days prior to the election and removed no later than 7 days following tile election. 2. Signs shall be prohibited within the public right -(:)f ­way. D. Special Events. I Teml)oraq signs for special functions, such as sales and grand openings, shall be allowed only in non-residential zones. 154 SIGNS 24-108 2. One sign no more than 24 square feet in area and 12 feet in height as measured from the top of the sign to the ground below it shall be permitted for each street frontage. 3. Signs may be displayed for a maxiinum duration of 14 consecutive days at a frequency of no greater than once each calendar quarter. E. Business Identification. 1. Temporary business identification signs, either freestanding or mounted on a building, may be permitted prior to installation of permanent signs for a new]), established business. 2. One sign no more than 24 square feet in area and 12 feet in height as measured from the top of the sign to the ground below it shall be permitted for each street frontage. 3. Signs may be displayed for a maximurn duration of 90 consecutive days. 24-109 Nonconforming Signs A. Any sign that does not comply with the requirements of this article but which was constructed, operated, and maintained in compliance with all previous regulations, shall be regarded as a legal nonconforming use. B. A nonconforming sign that has been abandoned, or whose advertised use has ceased to function for a period of 180 days or more, shall be brought into conft)rmity orren-loved. C The following requirements apply to the reconstruction of legal n onco nforining sign. 1. Reconstruction of a legal nonconforming sign that has been demolished or destroyed shall begin within one-year and shall be completed within three years. 2. The reconstructed sign shall not exceed the original structure 111 regards to maximum height, sire, encroachment into setbacks, and other propert3, characteristics as determined by the Zoning Administrator. 3, Non -conforming standard off-site signs may be converted to off-site digital signs with the approval of a minor use, permit, 4, The Zorring Adn-tinistrator may approve an extension of two additional years to complete reconstruction of the demolished sign, S. If reconstruction is not completed by the specified time limit, the property shall be deemed abandoned. D. The following exceptions apply to the above requirements for nonconfortl1iigsigns: 1. A sign that is part of a designated historic resource may be deemed nonconforming only if at least one of the following conditions applies: a. The siVi does not contribute to the historic significance of the historic landmark. b. The sign poses an immediate threat to public safety. If the sign is deemed nonconforming strlely i because it threatens public safety, it shall be repaired or mod16ed, if possible, rather than removed. IM Large Child Day Care Facilities. Amendment of Zoning Ordinance Section 24-159 (E). Amend Chapter 24 (Zoning Ordlinance) Section 24-159, Child Care Facilities, Subsection E. as follows: E. Large Child Day Care Facility. 'I'lic following standards apply only to large child day care, facilities. 5. Not less than ten (I Q days I?rl()r to the decision date by the Zo.iiing Administrator, the fount , shall, mail notices of the l2rol-)osed Minor Use Permit to all property owners as shown on the last equalized assessment rolls wt -thin a 100 -foot radius of the jaro j)erjj7boundaries of the Proposed large child day care home site. 6. A decision on the Minor Use Permit shall be made by the Zotii.ii,x,Adi-niiii,,;t-r,,ttor, without formal hearing, unless one is requested by either the applicant or offier affected persons. If so rgqUcsted, the hearing shall be scheduled for the next available Zoning Administrator hearing and. the Zorlin Administrator shall hear the request. Unless otherwise appealed, the decision of the Zonin Administrator shall be fin -al. 7. The Zoning Administrator shall approve the Minor Use Pern-dt if the lar ),g.child day care facility complies with local ordinances and standards including s'j)acing and concentration, traffic control, parldng, and noise control relating to those facilities and complies with rellations adopted by the State Fire Marshal. Mvdo MAJ lop Butte County Code Chapter 24, Article 16, Riparian Areas Al-nendment A. Conditionally Permitted Uses. Uses, structures, and activities permitted in the applicable zone are permitted within riparian areas only with approval of a Minor Use zones. 2. 'Yo approve a Minor Use hermit for riparian area development, the Zoning Administrator shall make all of the following findings in addition to the findings in Article 31 (Conditional Use and Minor Use Peri -nits): 1. The proposed use, structure, or encroachment cannot be feasibly located outside the riparian area because such location would have a more adverse cffect on the stream environment. b. Measures are included that provide adequate protection of wildlife habitat, water quality and in -stream habitat, and capacity for flood management. B. Uses Allowed with an Adniinistrative Permit in the Commercial and Industrial Zones 1. Ul)licqble zc)neare permitted withlin ri)I at to n areas only with the approval of an administrative pjjit brow ided all of the following requirernents are meta a. The Zoning Adn-dinstrator has determined that site constraints hinit the ability to dcv0of.--)thc proposcd uses outside of the riparian area. b. Aliolocical resource evaluation is arc., tired indicating that the altered riparian arca would be sufficient tgj. xQtect lie ri )arjan resource. A minor. Lisc 1>crmnit shall be reqLdred to address any findina-s of sigruEcant inivicts to biolovical resources., C. An erosion and sediment control plan is prepared pursuant to Butte (,ounj:� Code Section 13 - lo, 'rhe clan shall identify measures to -prevent sedinentand other Pollutant discharges fron:i reaching riparian resources and shall address both interim (Burring construction) and Final (DOSt COnStrUCtiOn) erosion control measures. d. Soil disturbance shall not be conductedduring the .rain season (November 15 throggli_Aril. 4? 1). `I'll, (r 'OuntV may re uire Financial securit-y to elisure that control measures are: unulemented and niaintained. C. All areas where land cicarinphas been completed berween April I and Noveinber 15 shall be re-vegetated.�hydroseeded, mulch protected, or otherwise stabilised no later than December 1 E All other 1110('11MIF11110111" under this chapter apply under the ma ra� Butte County Code Chapter 2,4, Article 16, Riparian Areas Amendment 24-48 Performance Standards A. Construction. Construction is prohibited in riparian areas unless the necessary pen -nits have been obtained from other responsible governmental agencies and plans have been approved b), the Director of Public Works and the Zo,ninS Admir-iistrator. B. Grading or Alterations to Riparian Vegetation. Grading, alteration of the natural contours of the land, or cutting, or alteration of natural vegetation that protects a riparian habitat is prohibited within .riparian areas except when such action is; 1. Necessary, to protect public health and safety 2. Associated with an al -.)proved creek restoration and enhancement project intended to improve the health and environmental iritegriq, of the waterway. I Associated with an approved administrative porn t, conditional use permit, ininor use perirrit, tentative parcel or snbdivision map, or nutung permit. M Consistency with Butte County Code Chapter 33B. Ban on Hydraulic Fracturing • 0 ##-1 -111 1,17=1 Under Chapter 24 (Zoning Ordinance) amend the following Use Tables contained under Part 2, Zoning Districts, Land Uses, and Development Standards: Table 24-13-1, Permitted Land Uses in the Agriculture Zones Table 24-16-1, Permitted Land Uses in the Natural Resource Zones Table 24-19-1, Permitted Land Uses in the Residential Zones Table 24-22-1, Permitted Land Uses in the Commercial and Mixed -Use Zones Table 24-26-1, Permitted Land Uses in the Industrial Zones Table 24-29-1, Permitted Land Uses in the Special Purpose Zones For all of the above Use Tables, under the Natural Resource Uses category, add "Oil and Gas Extraction by means of Hydraulic Fracturing"; indicate, "Use not allowed" under the column for Zones; add reference to Butte County Code 33B under the column for Applicable Regulations. Under Chapter 24 (Zoning Ordinance) Part 7, Definitions, amend the definition for Hydraulic Fracturing as follows: Hydraulic Fracturing. Techniques used in preparing a well that, in whole or in gart, typically involve the pressurized inlection of water and chemicals, compounds, and materials into an under round geologic formation in order to expand existing fractures or create new fractures in that formation, there by_ jqqpsj g or en ha nicing the production of oil or as from a well. For the pu rposes of this cha pter, hyd rau lic f ractu ri ng sha I I include the terms I racki ng," "h drofracki ng," ""h drofractu ring," ""unconventional we] I stimulation "`well stimulation treatment," "well stimulation byproducts" and any other nontraditional oil and ga recovery techniques, including procedures commonly referred to as "acidization�I it, acidlizing" "acid fracturing," and "gravel packing." Any well stimulation treatment that, in whole eF On part, ineludes the p. of hydFaulie #aetwing fluid eF fluids, whieh may include a mixture of water, sand, a Ghemica is inte a R undeFgFOUnd gee i9gief A- PPA-mieR in e-Ird-e-Fte fraGEWFe, OF With the ;AW'At W fraawre, the fqFmatwep, thefeby eausing eF enhaneffing the pFedwetian of ail, gas, eF etheF hydFGeaFbGR substaRees frem a well. MEGh�lft Amendment of Adult Businesses in the LI (Light Industrial) zone to be consistent with Chapter 15, Article IV. —Adult Business Regulation Under Chapter 24 (Zoning Ordinance), amend the, fallowing Use Table contained under Part 2, Zoning Districts, Land Uses, and Development Standards: Table 24-26-1, Permitted Land Uses in the Industrial Zones Under the category of Commercial Uses, change the Adult Businesses land use under the ILl (Limited lndustrial) zone column from "C" (Conditional Use Permit required)" to—"(Use not allowed). K11 24-251 Zoning Administrator A. Appointment. The Board of Supervisors designates the Director of Development Seivices as the Zoning Administrator. The Director or his/her designee ;hall seine as Zoning Adi-rdnistrator. B. Role. The role of the Zoning Adrrunistxat(:)t in the administration of the Zoning Ordinance includes the following. I Serving as the review authority on permit and approval applications shown in Table 24-189-1 (Review and Decision -Making Authoriq), and determining consistency with the General Plan relating to the acqtdsition and disposal of real propeq, in amounts of 20 acres or less in accordance %vith Government Code Section 65402; 2, Interpreting the Zoning Ordinance as specified in Article 2 (Interpretation of the Zoning Ordinance); 3. lZeferring action as needed on any pern-ur, approval or interpretation to the Planning Commission ft)r review and final decision; and 4. Providing recommendations to the Planning Corni-nissioM Fi(,,,uiu,, 24-253-1 ROLEOPTI IE BOARD 014' SUPFAIVISORS, PLANNING COMMISSION, ANI) ZONIN(.; AiMIINISTRATOR Board of Supervisors The Board of Supervisors makes decisions on all applications and requests for: Development Agreetnents/Amendnients, Zoning Code/Zoning NiqpArnencIrrienTs General Plan Arricadmcrits All Planning Commission ,and Zoning Administrator decisions and interpretations listed below can he appealed to or called Lip for review by the Board of Supervisors. Planning Commission The P larining Corrin-tission, makes decisions on all applications and requests for: Conditional Use permits Density Bonuseas • Narianccs Clustered Development applications associated with tentative inaps All Zoning Administrator decisions and interpretations listed below can be appealed to the planning (A)MInIssion. I 'lie Zoning Administrator makes decisions on ,ill applications and requests for: Administrative Permits Interpretations Minor Use permits Minor Variance Reasonable Accommodations Zoning Clearances