10-5 - Same—General objective; more restrictive provisions of contracts, etc., to apply.
10-6 - Application of article.
10-8 - Buildings, excavations, etc., within zones—Prohibited.
10-9 - Exceptions to prohibitions.
10-10 - Use permits; mandatory conditions.
A general building setback line is hereby adopted within the unincorporated area of the county as hereinafter specifically provided. This article is part of the precise plan for streets and highways under the master plan of the county and is also adopted as a county-wide zoning regulation pursuant to the provisions of article I, chapter 4, Title 7 of the Government Code of the state.
(Ord. No. 506, §§ 1, 2; Ord. No. 1216, § 1, 11-30-71)
The purpose of this article is to provide for and ensure the preservation and the orderly, economic and adequate development and expansion of an adequate highway transportation system within the county; and to protect and conserve the public interest, presently and for the future, in streets, highways and roads within the county, having adequate alignment, dimensions and vision clearance, by preventing the encroachment of permanent improvements, the existence of which would render unnecessarily difficult, impracticable and uneconomical the maintenance and expansion of an adequate highway system. It is found and declared that the establishment of a minimum setback line is necessary to the carrying out of the general purposes set forth in this section and to the protection and preservation of the public interest and safety.
(Ord. No. 506, § 2)
10-5 - Same—General objective; more restrictive provisions of contracts, etc., to apply.
The objective of this article is to establish a general, minimum setback zone within the county. It is recognized and declared that it may from time to time in the future become necessary to amend this article as a whole, or in respect of individual streets, highways or roads within the county, as the public need and special conditions hereafter found may require. Nothing herein contained shall be construed as permitting a front-yard depth or building setback of a lesser distance than may be provided by any valid contract, deed restriction, covenant, subdivision restriction or district ordinance now in force or hereafter adopted.
(Ord. No. 506, § 8)
10-6 - Application of article.
This article shall apply to any street, highway or road within the unincorporated area of this county which is hereafter dedicated to and accepted for the public use, effective as of the date of acceptance of the same for public use by duly constituted authority; provided, that any building, structure, well, excavation or subsurface structure within the setback zone of any such street, highway or road which is in existence at the time of acceptance of the same for public use, shall be deemed to be a nonconforming use and shall not be subject to section 10-8.
(Ord. No. 506, § 5)
A building line setback is hereby established along each side of every street, highway and road which is dedicated to the public use and is within the unincorporated area of this county. Such building line setback shall be and it is hereby located parallel to and on both sides of the established center line of each such street, highway and road; and the space between the setback lines on either side of each such street, highway and road shall constitute the setback zone. The setback lines and zones are hereby established as follows:
(a)
Federal and secondary routes. The setback line upon and along federal and secondary routes now existing or hereafter established in the county shall be distant fifty-five feet from and on both sides of the established centerline of each such route; and the space between the setback lines on either side of each such route shall constitute the setback zone for such routes which shall be one hundred ten feet in width.
(b)
County roads or highways. The setback line upon the following named and described county roads or county highways in the county shall be distant fifty-five feet from and on both sides of the established centerline of each such county highway; and the space between the setback lines on either side of each of the county highways shall constitute the setback zone for such county highways which shall be one hundred ten feet in width. County highways or county roads are named and described as follows:
East Avenue from its most westerly terminus, such terminus being on the westerly lines of lot 10 as shown on the map of Burson tract and lot 9 as shown on the map of Conners subdivision filed in the office of the County Recorder, in map book 7, page 14, and map book 16, page 22, respectively; thence in a general northeasterly direction to its intersection with the county road known as Cohasset Road, FAS route 1336.
(c)
All other streets, highways and roads. On all other streets, highways and roads dedicated to the public use and within the unincorporated area of this county and along and adjacent to the same, the setback line shall be and is hereby located parallel to and distant fifty feet from and on both sides of the established centerline of each such street, highway and road, and the space between the setback lines on either side of each such street, highway and road shall constitute the setback zone along and adjacent to the same, which shall be one hundred feet in width. Eaves may intrude into the required setback area not more than two feet.
(Ord. No. 506, § 3; Ord. No. 709; Ord. No. 742; Ord. No. 812)
10-8 - Buildings, excavations, etc., within zones—Prohibited.
It shall be unlawful to install or erect, within any setback zone, any building, device or structure whatsoever, including but not limited to derricks, windmills, silos, outdoor motion-picture screens, advertising structures, signs, barns, houses, outbuildings and platforms; or to dig, excavate or install within any setback zone any well or other excavation whether for water or for oil or other hydrocarbon products or for any other purpose; or install subsurface structures of any kind; save and except as provided in sections 10-9 and 10-10.
(Ord. No. 506, § 4; Ord. No. 709)
10-9 - Exceptions to prohibitions.
Section 10-8 shall not apply to trees, agricultural crops, or public utility installations, exclusive of permanent buildings, erected under authority of law, nor to subsurface leaching and drainage fields of private septic systems approved by the county director of public health and the county director of public works. Section 10-8 shall not apply to fences, driveway retaining walls, or landscape structures providing that such fence, driveway retaining wall, or landscape structure is approved for traffic safety by the director of public works. All or any portion of any fence, driveway retaining wall, or landscape structure hereafter placed in the setback area or zone prescribed by this article shall be removed, relocated or modified at the owner's expense within ninety (90) days of notification by mail by the director of public works that such removal, relocation or modification of the fence, driveway retaining wall, or landscape structure is necessary to maintain adequate traffic safety. Any such required removal, relocation or modification shall be promptly accomplished without loss or cost to the County of Butte. Section 10-8 shall not apply to any lawful use which becomes nonconforming upon the effective date of section 10-7 as amended.
(Ord. No. 506, § 4; Ord. No. 709; Ord. No. 1216, § 2, 11-30-71; Ord. No. 2216, § 1, 5-12-81; Ord. No. 2973, § 1, 12-17-91)
10-10 - Use permits; mandatory conditions.
Use permits granting conditional permission to place light poles or commercial signs within the setback area or zone prescribed by this article may be granted upon application therefor whenever the circumstances show that such a grant will be consistent with section 10-4 of this Code, provided that the desired use will not encroach upon any publicly owned right-of-way. Applications for such use permits shall comply with and be subject to all the provisions of section 13 of Ordinance No. 475, as amended. In addition, any use permit granted pursuant to the authority of this article shall automatically be subject to the following conditions, whether specified in the grant thereof or not:
(1)
The permit may be revoked or modified by the planning commission whenever the commission determines that removal, relocation or modification of the encroachment is necessary to maintain adequate traffic safety as a result of any changed condition or of any public right-of-way acquisition or improvement project.
(2)
Any removal, relocation or modification required pursuant to paragraph (1) above shall be accomplished without loss or cost to the County of Butte within thirty (30) days of notice of the decision of the planning commission.
(Ord. No. 506, § 4; Ord. No. 709; Ord. No. 1216, § 3, 11-30-71)
Upon failure of an owner to remove, relocate or modify any use as provided in section 10-9 or 10-10 above within the prescribed ninety (90) day period, the County of Butte or its agents may enter upon the property and remove, relocate or modify the use and said owner shall promptly reimburse the County of Butte for all costs and loss thereby incurred.
(Ord. No. 506, § 6; Ord. No. 1216, § 4, 11-30-71)
No nonconforming use permitted under section 10-9 of this Code shall be enlarged without first securing a use permit pursuant to section 10-10.
(Ord. No. 506, § 9; Ord. No. 1216, §§ 5, 6, 11-30-71)
Variances from the regulations of this article may only be granted pursuant to section 16 of Ordinance No. 475, as amended.
(Ord. No. 506, § 9; Ord. No. 1216, §§ 5, 7, 11-30-71)
* Editor's note—Ord. No. 1216, § 5, adopted Nov. 30, 1971, repealed §§ 10-14—10-19 pertaining to variances. Former §§ 10-14—10-19 were derived from Ord. No. 506, § 9.