24-65 - Applicability of zoning regulations.

The regulations set forth in this article shall govern land use within areas or districts so zoned. All uses of land within a zoned district not specifically authorized or permitted by the regulations are prohibited unless they have been found to be substantially similar to other permitted, conditional, or accessory uses by the director of development services or designee, the planning commission, or board of supervisors.

None of the land uses listed shall be construed to relieve any person from obtaining and complying with all applicable federal, state, or local permits or regulations required to establish said use, including, but not limited to, building permits and sanitation permits and maintaining all structures and uses to the same regulations.

(a)

Procedures for investigation and prosecution of zoning violations. All alleged violations of the terms of the zoning ordinances, other than those provided for in section 24-45.65, shall be investigated by the development services department, planning division, which shall make an inspection of the site on which the violation is alleged to have occurred or to be occurring and shall determine if the site was and is being used in conformance with the zoning regulations governing that site. Following such investigation and determination, the planning division and code enforcement officers shall proceed in accordance with the provisions of article I of chapter 41 of this Code.

(b)

Penalties.

(1)

Any person, firm or corporation violating any provision of this chapter shall be guilty of an infraction or a misdemeanor as specified in chapter 1 of this Code. Each and every day a violation continues constitutes a separate offense.

(2)

The use of any property or building in violation of the terms hereof is hereby declared to be a public nuisance and may be abated in the manner provided by law.

(3)

Nothing in this chapter shall prevent the appropriate authorities of the county from pursuing any civil, criminal or administrative remedy deemed necessary or appropriate to gain compliance with the applicable provisions of this Code.

(Ord. No. 3176, § 1(Exh. A), 1-24-95)

24-66—24-69 - Reserved.

24-70 - Establishment of zoned districts.

The zoning districts within the unincorporated areas of the county are hereby established and are designated as follows:

(Ord. No. 3176, § 1(Exh. A), 1-24-95)

24-71—24-74 - Reserved.

24-75 - Site requirements.

There are established certain minimum standards applicable to building sites throughout the county regardless of zone. Such standards may be reduced or increased by the regulations of a particular zone by explicit regulation in the section of article III containing regulations for that zone:

(a)

Lot Area or Building Site. Unless the property is connected to an approved public water supply system, the lot area shall be of sufficient size to comply with the requirements of Chapter 23B of this Code, and the minimum required area of a lot shall be no less than:

(1)

For lots that are served by individual wells and/or individual sewage disposal systems the minimum lot size and configuration will be dictated by the area required to accommodate said systems in accordance with county requirements, including, but nor limited to, the size and separation requirements specified in Chapter 19 of this Code or Appendix VII of the Subdivision Improvement Standards, whichever is applicable, but in no case shall the lot be less than eight thousand one hundred twenty-five (8,125) square feet.

(2)

For parcels where public sewage disposal service is provided:

a.

A minimum of six thousand five hundred (6,500) square feet for interior lots.

b.

A minimum of seven thousand five hundred (7,500) square feet for corner lots.

(b)

Lot Width. The minimum lot width shall be sixty-five (65) feet.

(c)

Lot Frontage. The following minimum requirements shall apply:

(1)

Lots which front on a straight street and lots with parallel sides shall have frontage of sixty-five (65) feet or more.

(2)

Lots which front on a curved street or on the end of a cul-de-sac shall have frontage of forty (40) feet or more at the front lot line and sixty-five (65) feet or more at the front yard setback line.

(d)

Setback, Front Yard. Minimum front yard setback shall be twenty (20) feet from the edge of the ultimate right-of-way from all public or private roads except where the road is classified as a federal aid road, in which case the setback shall be twenty-five (25) feet from the right-of-way.

(e)

Setback, Side and Rear Yards. Minimum side and rear yard setbacks shall not be less than five (5) feet from the property line for interior lots and ten (10) feet from the ultimate right-of-way for the street side setback on corner lots.

(f)

Each lot shall have an approved access, which means the right of vehicular travel, within a legal right-of-way that meets county standards, to a public street, with entry thereon, over a roadway that meets county design standards.

(Ord. No. 3176, § 1(Exh. A), 1-24-95; Ord. No. 3877, § 6, 4-13-2004)

24-76—24-79 - Reserved.

24-80 - Site requirements for split-duplex lots.

In those zoning districts in which section 24-75 is applicable, a two-family dwelling may be erected over a lot line so that each dwelling unit is located on a separate lot. Each lot occupied by one (1) dwelling unit of a duplex split by a lot line shall be required to meet the following minimum standards:

(a)

Lot area. Lot area shall not be less than four thousand (4,000) square feet for interior lots and five thousand (5,000) square feet for corner lots.

(b)

Lot width. Lot width shall not be less than forty (40) feet for interior lots and fifty (50) feet for corner lots.

(c)

Lot frontage. The following minimum requirements shall apply:

(1)

Lots which front on a straight street and lots with parallel sides shall have a minimum frontage of forty (40) feet for interior lots and fifty (50) feet for corner lots.

(2)

Lots which front on a curved street or on the end of a cul-de-sac shall have frontage of thirty (30) feet or more at the front lot line and forty (40) feet or more at the front yard setback line.

(d)

Side yards. Minimum side yards shall not be less than five (5) feet except along the lot line splitting the duplex and ten (10) feet from the ultimate right-of-way for the street side setback on corner lots.

(e)

Front and rear yards. Front and rear yards shall meet the requirements of section 24-75

(Ord. No. 3176, § 1(Exh. A), 1-24-95)

24-81 - Reserved.

24-82 - Flexible lot size provisions.

(a)

Purpose and intent. The purpose and intent of the flexible lot size provisions contained in this section is to increase the retention of natural resources, open space, and wildlife habitat, avoid hazardous areas, and further implement the goals and policies of the Butte County General Plan. Following are specific goals of the flexible lot size provisions:

(1)

Provide an incentive to create quality residential developments, particularly where special conditions exist that prevent the attainment of the maximum permitted density of a property that could otherwise be attained through conventional subdivision design;

(2)

Require the avoidance of hazardous areas (e.g., one hundred (100) year flood zones) and preservation of environmentally sensitive areas (e.g., wetlands and special-status species habitat), productive agricultural and timber lands, and important cultural and scenic resources;

(3)

Facilitate innovative development concepts that achieve greater consistency with the Butte County General Plan;

(4)

Provide permanent open space for a variety of natural resource purposes;

(5)

Preclude additional development that may conflict with neighborhood quality of life;

(6)

Provide increased open space which may include active and passive recreation features that reduce demand for public park land;

(7)

Reduce infrastructure requirements by reducing the length of streets and water and sewer lines and by potentially reducing street width requirements.

(b)

Applicability. The provisions contained in this section are applicable, as described in this section:

(1)

Processing requirements. Allowed by right in all residential zoning districts that allow flexible lot size provisions, as specified in this section. A conditional use permit, planned unit development (PUD), or other rezoning application is not required;

(2)

Applicable parcel size. Parcels that could potentially be subdivided based on the minimum lot size specified in the applicable zoning district;

(3)

Land divisions. This process is applicable to all subdivisions, parcel maps and parcel map waivers regardless of the number of lots proposed;

(4)

Optional use. Use of the flexible lot size provisions is optional. Persons wishing to subdivide and develop land may utilize this section or may proceed under other existing County Code requirements without use of these provisions;

(5)

Reference to flexible lot size provisions. Residential development applications submitted pursuant to this section shall be clearly identified as being so-designed on the tentative map;

(6)

Limitation on location. The use of the flexible lot size provisions shall not be applicable in urban areas designated in the Improvements Standards for Subdivisions, Parcel Maps and Site Improvements for Chapter 20 of the Butte County Code or within any adopted airport Comprehensive Land Use Plan.

(c)

Application requirements. The following processing procedures apply to the flexible lot size provisions. These procedures must be followed once a decision has been made to utilize the flexible lot size provisions. Subsequent to completion of the steps described in this subsection, a formal application filed pursuant to the flexible lot size provisions shall be processed and acted upon in accordance with standard provisions of the County Code governing tentative map and waiver applications, as specified in subsection (d) of this section.

(1)

Preliminary consultation. It is recommended that applicants proposing to utilize the flexible lot size provisions meet with development services staff prior to making an application. Once the decision has been made to proceed, the applicant must submit information specified in subsection (c)(2) of this section in order to begin the pre-development review process required in subsection (c)(3) of this section.

(2)

Supplementary application materials. The following materials shall be submitted:

a.

Opportunities and constraints mapping. At a minimum, this mapping shall illustrate land not suitable for development, as described in subsection (g)(1) of this section.

b.

Conceptual development plan. The conceptual development plan shall identify building lots/sites (including a description of the maximum number of lots), roads, open space areas and other features based on the opportunities and constraints mapping. In addition, the conceptual development plan shall address all items listed in subsections (g) (except (g)(3)), (h) and (i) of this section. Where appropriate, information may be provided in narrative form.

(3)

Pre-development review meeting. Once a preliminary application has been submitted, development services department staff shall schedule a pre-development review meeting that includes the applicant and representatives from the development services department, environmental health division, public works department, county fire department and any other agency with applicable interest in the proposed development site. The purpose of this meeting is to provide the following preliminary direction to the applicant: (1) identify any potential inconsistencies with county ordinances and policies; (2) identify design components and filing requirements recommended for the formal tentative subdivision map application; (3) discuss the review process; (4) identify potential environmental impacts; and (5) identify special studies that may be required to accompany the formal application. Any direction given shall be preliminary and is subject to further refinement or change as the application progresses to and through the formal application process. Following the meeting, the development services department shall send a letter to the applicant describing recommended direction, additional filing requirements for the formal application, and other determinations reached at the meeting.

(4)

Fee. A fee may be charged to cover county staff time in the pre-development review meeting in accordance with Articles IV and IX of Chapter 3 of the Butte County Code.

(d)

Formal application requirements. Following completion of the pre-development review processing steps set forth in subsection (c) of this section, development applications utilizing the flexible lot size provisions shall follow standard county code requirements governing tentative subdivision, parcel map and parcel map waiver applications.

(e)

Development standards. Development applications designed and submitted pursuant to the flexible lot size provisions shall adhere to the development standards for the zoning district applicable to the property; except as modified below:

(1)

Determination of allowable density. Residential density is solely a function of the zoning district applicable to the land at the time development is proposed. The maximum number of residential lots or units of a development submitted under the Flexible Lot Size Provisions shall be calculated based on the zoning and acreage applicable to the land to be developed.

(2)

Minimum lot size requirement. Lot size is flexible and can be variable; however, the provisions of Butte County Code section 24-75 shall apply as a minimum lot size provided the county's building code, sewage disposal, water supply, health and safety, fire safety and other applicable regulations are met.

(3)

Subdivision map notation. Final subdivision and parcel maps shall include a notation that stipulates that the parcels created under the provisions of this section cannot be further divided except remainder parcels in phased developments, as provided in subsection (h) of this section.

(4)

Building setbacks/yard area and lot dimension requirements. Building setback and lot dimension requirements are flexible, but under no circumstance shall setbacks from property lines be less than five (5) feet. Lots may be designed with building envelopes instead of conventional building setbacks. Building envelope areas must be delineated on the tentative and recorded subdivision maps. Lot areas outside of established building envelopes will not automatically require the establishment of open space easements. Depending upon the reason for the use of building envelopes, a conservation easement may be used or alternative management standards may be established. All site development shall be consistent with the county's fire safe requirements and Public Resources Code, Section 4290.

(5)

Street design. Street improvements shall be governed by the following factors:

a.

Deviation from conventional road and sidewalk requirements may be requested by the applicant. The decision-making body may approve deviations depending upon project design, site conditions and other factors.

b.

Streets may be privately owned and maintained, or may be proposed for dedication to the county.

c.

All street design standards shall be approved for safety by the Director of Public Works and the County Fire Marshal.

(6)

Sewage disposal/potable water.

a.

Subdivisions creating less than twenty-five (25) parcels shall meet the following standards:

1.

Sewage disposal shall be by an individual system located on the parcel it serves and approved by the Butte County Environmental Health Division.

2.

Domestic water shall be provided by individual wells, as defined by Chapter 23 of the Butte County Code. Individual wells shall not be located in the open space area or on a common area parcel unless the applicant can show that water is not available in other locations and that impacts to sensitive or protected lands can be avoided or mitigated.

b.

Subdivisions creating twenty-five (25) or more parcels may meet the following standards:

1.

The project may use a community sewage disposal system and community well, provided there is a homeowners association as the responsible maintenance entity.

2.

Community facilities may be located on the open space parcel provided it can be located on suitable land that is not subject to physical or environmental constraints. Each request shall obtain tentative clearance from the Butte County Health Department, Environmental Health Division for the proposed lot sizes. Soil tests, drilling of test wells, or geologic reports may be required to provide evidence of sewage disposal capacity and domestic water availability. Minimum lot areas for septic systems must comply with section 20-120.1 of the Butte County Subdivision Ordinance and Appendix VII of the Improvement Standards for Subdivisions.

(f)

Permitted uses/accessory uses. Except as noted in this section, all land uses permitted in the applicable zoning district shall be permitted under the flexible lot size provisions. Where modifications in lot design standards have occurred, as provided for in this section, there may be limitations on certain permitted and accessory uses due to lot coverage restrictions and/or setbacks prescribed in the applicable zoning district. Uses allowed in dedicated open space shall be limited as described in subsection (g) of this section. Exceptions:

(1)

Second units. Second units are allowed in projects submitted under the flexible lot size provisions, where allowed by the underlying zoning district; provided, however, that all relevant site requirements and development standards can be satisfied.

(g)

Open space requirements. The following requirements apply specifically to areas identified as dedicated open space in flexible lot size developments:

(1)

Land not suitable for development. Dedicated open space areas shall be designated for all land not suitable for development. Primary areas must be avoided and reserved as permanent open space in all instances. In some instances, the decision making body may require that secondary areas or portions of secondary areas be avoided. In addition, other lands may be required to be in the designated open space to meet the minimum requirements of subsection (g)(4) of this section or may be included at the request of the applicant.

a.

Primary areas:

1.

One hundred (100) year flood zones,

2.

Wetlands, riparian areas and other sensitive biological habitats,

3.

Unstable slopes,

4.

Sensitive archaeological sites;

b.

Secondary areas:

1.

Timber areas,

2.

Scenic areas,

3.

Historic areas,

4.

Deer migration, established fawning and winter range areas,

5.

Areas with a slope of thirty (30) percent or greater,

6.

Viable/important grazing lands.

(2)

Open space/conservation easement required. Areas not designated for development shall be reserved as open space pursuant to this section. Open space shall be guaranteed in perpetuity using one or more of the following control mechanisms:

a.

Dedication of a conservation (or open space) easement to the county, other public agency or a public interest land trust;

b.

Dedication of land in fee-title to the county or other public agency;

c.

A development agreement with deed restrictions or other appropriate mechanisms.

The above mechanisms may be used separately or in combination with transfer of development credits, and density transfer covenants, as provided for in subsection (i) of this section. Remainder lots in phased developments identified as being reserved for potential future development are exempted from this requirement (see subsection (h) of this section).

(3)

Open space management plan required. Public and private open space shall be maintained in accordance with an open space management plan acceptable to and approved by the county. Such plans shall, at a minimum, address the following:

a.

Grass and brush clearing for fire fuel management, as required by site conditions;

b.

Erosion control;

c.

Sewage disposal, water well, and stormwater drainage facilities, including ditches and detention basins, if proposed for the development;

d.

Other natural resource management activities and uses. Open space management plans shall include provisions for long-term maintenance of improvements and facilities that will not result in a fiscal impact on the county.

(4)

Open space minimums. The amount of open space reserved in a project shall vary in accordance with the following provisions:

a.

For projects in zoning districts with a minimum lot size requirement of five (5) acres or less, open space requirements shall be based solely on the constraining site features, as described in subsection (g)(1) of this section;

b.

For projects in zoning districts with a minimum lot size requirement of greater than five (5) and less than forty (40) acres, a minimum of fifty (50) percent of the total project site shall be dedicated as permanent open space.

The fifty (50) percent open space dedication requirement does not apply in instances where there are no areas unsuitable for development (as described in subsection (g)(l) of this section and the subdivision design merely proposes a variety of lot sizes;

c.

For projects in zoning districts with a minimum lot size requirement of forty (40) to one hundred sixty (160) acres, a minimum of eighty (80) percent of the total project site shall be dedicated as permanent open space.

(5)

Uses permitted in dedicated open space. Uses and activities within dedicated open space shall be compatible with open space land. Unless limited or restricted by a conservation easement, development agreement, conditions on the approved tentative map, or other restricting mechanism, the following uses are permitted:

a.

Agriculture, including grazing and timber management, are permitted uses where allowed by the underlying zoning district;

b.

Uses requiring a use permit in the zone in which the land lies, provided a use permit is obtained from the planning commission;

c.

Resource conservation;

d.

Wildlife management;

e.

Recreational activities compatible with the objectives of the open space management plan, as required by subsection (g)(3) of this section;

f.

Community wells, community septic systems, community sewage disposal systems and individual wells under certain circumstances;

g.

Pedestrian, bicycle and equestrian trails. Public access is not required, but may be permitted subject to a public access easement being recorded;

h.

Other similar uses, as determined through the application review process.

(6)

Contiguity. To the maximum extent possible, on-site open space areas should be consolidated or linked, and not fragmented. This will facilitate wildlife movement, maintain functioning biological communities and accommodate recreational opportunities. Open space connections to adjoining land beyond the project site should be anticipated and identified where practicable.

(7)

Access to open space. To the extent practicable, all residential lots shall have physical and/or visual contact with permanent open space. This is intended to facilitate surveillance, foster routine maintenance, and improve the quality of life of project residents through the integration of homesites into a permanent open space setting.

(8)

Trails. Where pedestrian, bicycle and/or equestrian trails are constructed in dedicated open space areas, the following requirements shall apply:

a.

Environmentally sensitive areas shall not be impacted;

b.

Privacy of proposed on-site and existing off site residences shall not be intruded upon;

c.

Public access shall be permitted only where public access easements, consistent with an adopted trail master plan, have been acquired.

(h)

Phased development. Projects may be proposed for development in two (2) or more phases. Remainder portions may be proposed and set aside for further development. In such instances, the following shall apply:

(1)

Land not proposed for immediate development shall be labeled "Remainder" on the subdivision map.

(2)

The acreage of the remainder may only be included in the calculation of residential density of the developed area if a transfer of density (as addressed in subsections (g)(7) and (i) of this section) has been approved.

(3)

When development of the remainder portion is proposed, a subdivision application may be filed as a conventional development, planned unit development (PUD), or flexible lot size development.

(4)

Residential density transfers shall also include lands set aside as permanent open space.

(5)

Where phasing is proposed, open space proposed for the entire development area shall either be developed or guaranteed in proportion to the number of dwelling units proposed on a phase-by-phase basis.

(6)

Under no circumstances shall phased development result in higher residential density than is otherwise permitted by the zoning district.

(i)

Development credit/density transfer.

(1)

Development credits or density may be transferred within parcels, across parcel lines of contiguous parcels, and from non-contiguous lands that are part of a single development proposal.

(2)

All development credit transfers shall be specified and governed by a development agreement or other suitable instrument between the developer, applicable sending site landowner, and the county.

(Ord. No. 3560, § 1, 10-12-99; Ord. No. 3906, § 2, 3-22-2005)

24-83, 24-84 - Reserved.

24-85 - Aliquot parts.

Each parcel or lot within the county shall have a minimum acreage as indicated by the zoning district acreage designation. However, for the purpose of complying with the minimum lot area requirements, sections of land containing less than six hundred forty (640) acres shall be deemed to be equivalent to six hundred forty (640) acres. Parcels resulting from the division of sections with less than six hundred forty (640) acres into units of one-fourth (¼), one-sixteenth (1/16), one-thirty-second (1/32), one-sixty-fourth (1/64), or one-one hundred twenty-eighth (1/128) of said sections shall also be deemed to be equivalent to the corresponding and respective lot areas required by the acreage designations (160, 40, 20, 10, or 5) of the pertinent zoning district. The applicant shall provide adequate proof that the section in question is irregular.

(Ord. No. 3176, § 1(Exh. A), 1-24-95)

24-86—24-89 - Reserved.

Agricultural Zones

24-90 - A-5 through A-160 (Agricultural) Zones.

The following permitted uses, uses requiring a use permit, and uses requiring an administrative permit shall apply to all zones A-5 through A-160. Uses that are unique to a particular zone and site requirements for each zone will be listed separately.

(a)

Uses Permitted:

(1)

One (1) single-family dwelling or modular home per parcel.

(2)

Agricultural uses, including the keeping of animals, subject to the animal maintenance requirements of Sections 24-255 through 24-255.15, inclusive, of this Code. The growing and harvesting of forestry products, and aquaculture.

(3)

Mining, quarrying, and commercial excavation which is exempt from a mining permit and reclamation plan pursuant to Chapter 13 of the Butte County Code. Oil and gas wells including reinjection wells for natural gas.

(4)

The erection, construction, alteration or maintenance of gas, electric, water or communication transmission facilities.

(5)

Housing facilities (including mobile homes) to accommodate up to twelve (12) agricultural workers and their families employed by the owner or operator of the premises or owners or operators of other agricultural lands pursuant to Section 17021.6 of the California Health and Safety Code and subject to state permits.

(6)

The use of a single-family residence as a small family day care home, licensed family care home, foster home, or group home for mentally disordered or otherwise handicapped persons or neglected children. Said homes shall serve six (6) or fewer persons and shall be subject to all applicable state regulations and limitations.

(b)

Accessory Uses:

(1)

Those uses normally associated with a single-family residence use and are in conjunction with or incidental to the residential use, including, but not limited to, a garage, workshop, shed, garden, private swimming pool, private tennis court, gazebo, spa, etc.

(2)

A guest house as defined by Section 24-305.175.

(3)

Buildings and uses accessory to the permitted uses, including agricultural processing plants, airstrips used for crop dusting or seeding, barns and other storage or shop buildings, seasonal hunting and fishing camps, including those which accommodate recreational vehicles and travel trailers, providing that said recreational vehicles and travel trailers shall not be used for year-round occupancy, recreational uses not requiring permanent improvements and not interfering materially with agricultural operations, including hunting, fishing, camping, hiking, riding and similar uses, the processing and sale of firewood and wood products grown on site.

(c)

Uses Requiring Use Permits. The following uses are permitted subject to a use permit:

(1)

Public or quasipublic uses.

(2)

Public tasting rooms in conjunction with a winery, provided that such tasting room be considered accessory to the on-site winery.

(3)

Kennels, feed stores, public or riding stables, and academies.

(4)

Outdoor commercial recreational facilities on sites not less than five (5) acres.

(5)

Wood lots and wood processing plants selling and processing wood not grown on site. Mining and commercial excavation requiring a mining permit and reclamation plan pursuant to Chapter 13 of the Butte County Code.

(6)

Private airports or air strips that are not accessory to an agricultural use.

(7)

The segregation of an agricultural processing site pursuant to Section 24-290

(d)

Uses Requiring a Minor Use Permit. The following uses may be permitted pursuant to the requirements of Section 24-41

(1)

Large family day care facilities subject to the requirements of Section 24-265

(2)

Bed and breakfast home.

(e)

Uses Requiring an Administrative Permit. The following uses may be permitted subject to the requirements of Section 24-40

(1)

Home occupations pursuant to Section 24-270

(2)

Temporary uses as listed in section 24-300

(3)

A temporary mobile home subject to the requirements of Sections 24-295 and 24-295.10

(Ord. No. 3176, § 1(Exh. A), 1-24-95; Ord. No. 3321, § 1, 2-11-97; Ord. No. 3495, § 1, 3-9-99; Ord. No. 3993, § 1, 12-16-08)

24-90.10 - A-5 through A-160 site requirements.

Areas and setbacks are minimum requirements unless otherwise stated:

*  Minimum front yard setback shall be twenty (20) feet from the edge of the ultimate right-of-way from all public or private roads except where the road is classified as a federal aid road, in which case the setback shall be twenty-five (25) feet from the edge of the ultimate right-of-way.

(Ord. No. 3176, § 1(Exh. A), 1-24-95)

24-91 - Wireless communication facilities in A-5 through A-160 (Agricultural) Zones.

Notwithstanding anything to the contrary in section 24-90, Wireless communication facilities are not allowed in the A-5 through A-160 (Agricultural) Zones unless a permit is obtained, subject to the requirements of section 24-262.

(Ord. No. 3569, § 2, 12-7-99)

24-92—24-94 - Reserved.

Residential Zones

24-95 - AR through AR-10 (Agricultural Residential) Zones.

The following permitted uses, uses requiring a use permit, and administrative uses shall apply to all zones AR through AR-10. Uses that are unique to a particular zone and site requirements for each zone will be listed separately.

(a)

Uses permitted:

(1)

One (1) single-family dwelling or modular home per parcel.

(2)

The use of a single-family residence as a small family day care home, licensed family care home, foster home, or group home for mentally disordered or otherwise handicapped persons or neglected children. Said homes shall serve six (6) or fewer persons and shall be subject to all applicable state regulations and limitations.

(b)

Accessory uses:

(1)

Those uses and structures normally associated with a single-family residential use and are in conjunction with or incidental to the residential use, including but not limited to a garage, workshop, shed, garden, private swimming pool, private tennis court, gazebo, spa, etc.

(2)

A guest house as defined by section 24-305.175 of the Butte County Code.

(3)

Second dwelling unit subject to the requirements of section 24-280 of this chapter.

(4)

Agricultural uses, including the keeping of animals, subject to the animal maintenance requirements of sections 24-255.1 through 24-255.15, inclusive, of this Code.

(c)

Uses requiring use permits. The following uses are permitted subject to a use permit:

(1)

Duplex dwellings, multiple residences, and multiple-family dwellings subject to the density allowed by the general plan, and bed and breakfast inns.

(2)

Golf courses and country clubs, including but not limited to accessory uses such as driving range, pro shop, cocktail bar, restaurant.

(3)

Public and quasi-public uses.

(4)

Commercial poultry farming and livestock farming, nurseries and plant gardens.

(5)

Veterinary clinics, kennels.

(6)

Medical and Dental Clinics and offices.

(7)

Sales tract office.

(8)

Mobile home parks subject to the density of the general plan in the AR, AR-½, and AR-1 zones only.

(d)

Uses requiring a minor use permit. The following uses may be permitted subject to the requirements of section 24-41 of this chapter:

(1)

Large family day care facilities subject to the requirements of section 24-265 of this chapter.

(2)

Bed and breakfast home.

(e)

Uses requiring an administrative permit. The following uses may be permitted subject to the requirements of section 24-40 of this chapter:

(1)

Home occupations subject to the requirements of section 24-270 of this chapter.

(2)

Temporary uses as listed in section 24-300 of this chapter.

(3)

A temporary mobile home subject to the requirements of sections 24-295 and 24-295.10 of this chapter.

*  Minimum front yard setback shall be twenty (20) feet from the edge of the ultimate right-of-way from all public or private roads except where the road is classified as a federal aid road, in which case the setback shall be twenty-five (25) feet from the edge of the ultimate right-of-way.

(Ord. No. 3176, § 1(Exh. A), 1-24-95; Ord. No. 3906, § 2, 3-22-2005; Ord. No. 3946, § 1, 11-21-06)

24-95.10 - AR through AR-10 site requirements.

(a)

Areas and setbacks listed in the following table are minimum requirements unless otherwise stated or provided for in subsection (b) of this section.

* Minimum front yard setback shall be twenty (20) feet from the edge of the ultimate right-of-way from all public or private roads except where the road is classified as a federal aid road, in which case the setback shall be twenty-five (25) feet from the edge of the ultimate right-of-way.

(b)

Flexible lot size provisions. In the AR-1 through AR-10 zone districts land divisions may be designed and processed in accordance with the flexible lot size provisions of section 24-82. In such instances, the site requirements described for this zoning district shall not apply. Land division applications proposing to use the provisions of section 24-82, shall be so identified.

(Ord. No. 3176, § 1(Exh. A), 1-24-95; Ord. No. 3560, § 2, 10-12-99)

24-96 - Wireless communication facilities in AR through AR-10 (Agricultural Residential) Zones.

Notwithstanding anything to the contrary in section 24-95, wireless communication facilities are not allowed in the AR through AR-10 (Agricultural Residential) Zones unless a permit is obtained, subject to the requirements of section 24-262.

(Ord. No. 3569, § 3, 12-7-99)

24-97—24-99 - Reserved.

24-100 - Reserved.

  Editor's note—Ord. No. 3418, § 2, adopted April 14, 1998, deleted former § 24-100 in its entirety which pertained to ARMH through ARMH-5 (Agricultural Residential Mobile Home) Zones and derived from Ord. No. 3176, § 1(Exh. A), adopted Jan. 24, 1995; and Ord. No. 3321, § 2, adopted Feb. 11, 1997.

24-100.10 - Reserved.

  Editor's note—Ord. No. 3418, § 3, adopted April 14, 1998, deleted former § 24-100.10 in its entirety which pertained to ARMH through ARMH-5 site requirements and derived from Ord. No. 3176, § 1(Exh. A), adopted Jan. 24, 1995.

24-101—24-104 - Reserved.

24-105 - A-SR (Agricultural Suburban Residential) Zone.

(a)

Uses permitted:

(1)

One (1) single-family dwelling or modular home per parcel.

(2)

The use of a single-family residence as a small family day care home, licensed family care home, foster home, or group home for mentally disordered or otherwise handicapped persons or neglected children. Said homes shall serve six (6) or fewer persons and shall be subject to all applicable state regulations and limitations.

(b)

Accessory uses:

(1)

Those uses and structures normally associated with a single-family residential use and are in conjunction with or incidental to the residential use, including, but not limited to, a garage, workshop, garden, private swimming pool, private tennis court, gazebo, spa, etc.

(2)

A guest house as defined by section 24-305.175.

(3)

Second dwelling unit subject to the requirements of section 24-280

(4)

Agricultural uses, including the keeping of animals, subject to the animal maintenance requirements of sections 24-255 through 24-255.15, inclusive, of this Code.

(c)

Uses requiring use permits. The following uses are permitted subject to a use permit:

(1)

Public and quasi-public uses.

(2)

Nurseries and plant gardens.

(3)

Sales tract office.

(4)

Mobile home parks subject to the density of the general plan.

(d)

Uses requiring a minor use permit. The following uses may be permitted subject to the requirements of section 24-41

(1)

Large family day care facilities subject to the requirements of section 24-265

(2)

Bed and breakfast home.

(e)

Uses requiring an administrative permit. The following uses may be permitted subject to the requirements of section 24-40

(1)

Home occupations subject to the requirements of section 24-270

(2)

Temporary uses as listed in section 24-300

(3)

A temporary mobile home subject to the requirements of sections 24-295 and 24-295.10

(f)

Lot requirements. The provisions of sections 24-75 and 24-80 concerning site requirements shall apply.

(Ord. No. 3176, § 1(Exh. A), 1-24-95; Ord. No. 3906, § 2, 3-22-2005)

24-106 - Wireless communication facilities in the A-SR (Agricultural Suburban Residential) Zone.

Notwithstanding anything to the contrary in section 24-105, wireless communication facilities are not allowed in the A-SR (Agricultural Suburban Residential) Zone unless a permit is obtained, subject to the requirements of section 24-262.

(Ord. No. 3569, § 4, 12-7-99)

24-107—24-109 - Reserved.

24-110 - FR-1 through FR-160 (Foothill Recreational) Zones.

The following permitted uses, uses requiring a use permit, and administrative uses shall apply to all zones FR-1 through FR-160. Site requirements for each zone will be listed separately.

(a)

Uses permitted:

(1)

One (1) single-family dwelling or modular home per parcel.

(2)

Mining, quarrying, and commercial excavation which is exempt from a mining permit and reclamation plan pursuant to chapter 13 of the Butte County Code.

(3)

Protection of land and forests from fire, erosion, floods, slides, quakes, insects, diseases and pollution, including arboretums and natural, experimental and study areas.

(4)

Pedestrian, equestrian and bicycle trails.

(5)

Agricultural and forestry experimental areas.

(6)

The erection, construction, alteration or maintenance of gas, electric, water or communication transmission facilities, hydro generating projects of five (5) megawatts or less.

(7)

The use of a single-family residence as a small family day care home, licensed family care home, foster home, or group home for mentally disordered or otherwise handicapped persons or neglected children. Said homes shall serve six (6) or fewer persons and shall be subject to all applicable State regulations and limitations.

(b)

Accessory uses:

(1)

Those uses and structures normally associated with a single-family residential use and are in conjunction with or incidental to the residential use, including but not limited to, a garage, workshop, garden, private swimming pool, private tennis court, gazebo, spa, etc.

(2)

A guest house as defined by section 24-305.175.

(3)

Second dwelling unit subject to the requirements of section 24-280

(4)

Agricultural uses including:

a.

Keeping and raising small animals for domestic use, including dogs, cats and household pets, poultry and other birds, bees, fish, worms and frogs;

b.

The keeping of animals, subject to the animal maintenance requirements of sections 24-255 through 24-255.15, inclusive, of this Code;

c.

Raising and harvesting trees, fruit, grain, flowers, herbs and other plants and food crops;

d.

Display and sale of agricultural goods produced on the premises;

e.

Necessary accessory uses, not including storage and processing of goods from nonadjacent land or land under different ownership.

(c)

Uses requiring use permits. The following uses are permitted subject to a use permit:

(1)

Mining and commercial excavation requiring a mining permit and reclamation plan pursuant to Chapter 13 of the Butte County Code, home occupations which might be objectionable because of noise, odor, smoke, dust, bright light, vibration, pollution, traffic congestion, unsightly storage areas, materials or equipment, the handling of explosives or dangerous materials or the storage of one hundred (100) or more gallons of flammable fluids.

(2)

Kennels and animal hospitals on sites not less than five (5) acres.

(3)

Private or commercial outdoor recreational facilities on sites not less than five (5) acres, including, but not limited to, golf courses, recreational clubs, riding academies and stables, hunting lodges, and camps, boat ramps and campgrounds.

(4)

Public and quasi-public uses.

(5)

Public tasting rooms in conjunction with a winery on sites not less than five (5) acres, provided that such tasting room must be accessory to the on-site winery.

(6)

Wood lots.

(7)

Bed and breakfast inns.

(8)

Mobilehome parks subject to the density of the general plan, in the FR-1 zone only.

(d)

Uses requiring a minor use permit. The following uses may be permitted subject to the requirements of section 24-41

(1)

Large family day care facilities subject to the requirements of section 24-265

(2)

Bed and breakfast home.

(e)

Uses requiring an administrative permit. The following uses may be permitted subject to the requirements of section 24-40

(1)

Home occupations subject to the requirements of section 24-270

(2)

Temporary uses as listed in section 24-300

(3)

A temporary mobilehome subject to the requirements of sections 24-295 and 24-295.10

(Ord. No. 3176, § 1(Exh. A), 1-24-95; Ord. No. 3321, § 3, 2-11-97; Ord. No. 3536, § 2, 7-13-99; Ord. No. 3906, § 2, 3-22-2005)

24-110.10 - FR-1 through FR-160 site requirements.

(a)

Areas and setbacks listed in the following table are minimum requirements unless otherwise stated or provided for in subsection (b) of this section.

*  Lot width: Minimum required lot width shall not be less than two hundred twenty (220) feet; except when adjoining a major road or creek, the minimum frontage shall not be less than three hundred (300) feet.

**  Front yard setback: Minimum front yard setback shall be twenty (20) feet from the edge of the ultimate right-of-way from all public or private roads except where the road is classified as a federal aid road, in which case the setback shall be twenty-five (25) feet from the edge of the ultimate right-of-way.

(b)

Flexible lot size provisions. In the FR-1 through FR-160 zone districts land divisions may be designed and processed in accordance with the flexible lot size provisions of section 24-82. In such instances, the site requirements described for this zoning district shall not apply. Land division applications proposing to use the provisions of section 24-82, shall be so identified.

(Ord. No. 3176, § 1(Exh. A), 1-24-95; Ord. No. 3560, § 3, 10-12-99)

24-111 - Wireless communication facilities in FR-1 through FR-160 (Foothill Recreational) Zones.

Notwithstanding anything to the contrary in section 24-110, wireless communication facilities are not allowed in the FR-1 through FR-160 (Foothill Recreational) Zones unless a permit is obtained, subject to the requirements of section 24-262.

(Ord. No. 3569, § 5, 12-7-99)

24-112—24-114 - Reserved.

24-115 - M-R (Mountain or Recreation Subdivision-Residential) Zone.

(a)

Uses permitted:

(1)

Agricultural and forestry experimental areas.

(2)

Arboretums.

(3)

Harvesting of wild crops, timber or such as marsh hay, ferns, moss and berries.

(4)

Pedestrian and equestrian trails.

(5)

One (1) single-family dwelling or modular home per parcel.

(6)

The use of a single-family residence as a small family day care home, licensed family care home, foster home, or group home for mentally disordered or otherwise handicapped persons or neglected children. Said homes shall serve six (6) or fewer persons and shall be subject to all applicable state regulations and limitations.

(b)

Accessory uses:

(1)

Those uses and structures normally associated with a single-family residential use and are in conjunction with or incidental to the residential use, including but not limited to a garage, workshop, garden, private swimming pool, private tennis court, gazebo, spa, etc.

(2)

A guest house as defined by section 24-305.175.

(3)

Second dwelling unit subject to the requirements of section 24-280

(4)

Agricultural uses, including the keeping of animals, subject to the animal maintenance requirements of sections 24-255 through 24-255.15, inclusive, of this Code.

(c)

Uses requiring use permits. The following uses are permitted subject to a use permit:

(1)

Public and quasi-public uses.

(2)

Private or commercial outdoor recreational facilities on sites not less than five (5) acres, including, but not limited to, golf courses, recreational clubs, riding academies and stables, hunting lodges and camps, boat ramps, and campgrounds.

(d)

Uses requiring a minor use permit. The following uses may be permitted subject to the requirements of section 24-41

(1)

Large family day care facilities subject to the requirements of section 24-165

(2)

Bed and breakfast home.

(e)

Uses requiring an administrative permit. The following uses may be permitted subject to the requirements of section 24-40

(1)

Home occupations subject to the requirements of section 24-270

(2)

Temporary uses as listed in section 24-300

(3)

A temporary mobile home subject to the requirements of sections 24-295 and 24-295.10

(f)

Site requirements:

(1)

Minimum lot area. Five (5) acres.

(2)

Minimum lot width required. Minimum lot width shall not be less than one hundred thirty (130) feet as measured along the lot frontage or at the building setback line.

(3)

Side and rear yard required. Minimum side and rear yard shall not be less than ten (10) feet.

(4)

Front yard. Minimum front yard setback shall be twenty (20) feet from the edge of the ultimate right-of-way from all public or private roads except where the road is classified as a federal aid road, in which case the setback shall be twenty-five (25) feet from the edge of the ultimate right-of-way.

(5)

Flexible lot size provisions. Land divisions may be designed and processed in accordance with the flexible lot size provisions of section 24-82. In such instances, the site requirements described for this zoning district shall not apply. Land division applications proposing to use the provisions of section 24-82, shall be so identified.

(Ord. No. 3176, § 1(Exh. A), 1-24-95; Ord. No. 3321, § 4, 2-11-97; Ord. No. 3560, § 4, 10-12-99; Ord. No. 3906, § 2, 3-22-2005)

24-116 - Wireless communication facilities in the M-R (Mountain or Recreational Subdivision Residential) Zone.

Notwithstanding anything to the contrary in section 24-115, wireless communication facilities are not allowed in the M-R (Mountain or Recreational Subdivision Recreational) Zone unless a permit is obtained, subject to the requirements of section 24-262.

(Ord. No. 3569, § 6, 12-7-99)

24-117—24-119 - Reserved.

24-120 - R-1 through R-4 (Residential) Zones.

(a)

Purpose and intent. It is the purpose and intent of the residential or "R" zone to provide suitable areas and environments for families, individual owners and renters in smaller, relatively compact, single-family dwellings and multiple-family common wall dwellings. The "R" zone is intended to provide for a mixture of housing types including detached single-family, duplex, triplex, townhouses, condominiums, apartments and mobile home parks developed to higher densities. The "R" zone is intended to stabilize neighborhoods of these dwelling types by protecting them from encroachment by incompatible and potentially destructive uses. The "R" zone will be applied within the urban communities of Butte County designated for low, medium, and high density residential development where urban services are more fully developed.

(b)

Permitted uses. The following are the permitted uses in the zone:

N/A = Not allowed, Yes = Permitted use, C = Conditional permit required

(c)

Accessory uses. The following are the accessory uses permitted in an "R" zone:

(d)

Uses requiring a use permit. The following are conditional uses in an "R" zone. The following uses may be conditional and require a use permit if applicable:

(e)

Uses requiring planning manager action. The following uses will require approval or action by the planning manager:

(Ord. No. 3176, § 1(Exh. A), 1-24-95; Ord. No. 3906, § 2, 3-22-2005)

24-120.10 - R-1 through R-4 site requirements.

The following minimum requirements shall be observed, except where specifically modified for conditional uses. The minimum requirements shall be those for the zone as designated on the zoning map:

*  On public sewage disposal service. All other lots to meet requirements of the environmental health division for septic systems, the minimum lot sizes may be required to be larger.

(Ord. No. 3176, § 1(Exh. A), 1-24-95)

24-121 - Wireless communication facilities in R-1 through R-4 (Residential) Zones.

Notwithstanding anything to the contrary in section 24-120, wireless communication facilities are not allowed in the R-1 through R-4 (Residential) zones unless a permit is obtained, subject to the requirements of section 24-262.

(Ord. No. 3569, § 7, 12-7-99)

24-122—24-124 - Reserved.

24-125 - R-N (Residential-Nonconforming) Zone.

(a)

Uses permitted:

(1)

One (1) single-family dwelling or modular home per parcel.

(2)

The use of a single-family residence as a small family day care home, licensed family care home, foster home, or group home for mentally disordered or otherwise handicapped persons or neglected children. Said homes shall serve six (6) or fewer persons and shall be subject to all applicable state regulations and limitations.

(b)

Accessory uses:

(1)

Those uses and structures normally associated with a single-family residential use and are in conjunction with or incidental to the residential use, including but not limited to a garage, workshop, garden, private swimming pool, private tennis court, gazebo, spa, etc.

(2)

A guest house as defined by section 24-305.175.

(3)

A second dwelling unit pursuant to section 24-280

(4)

Household pets, but not including livestock, poultry or poisonous reptiles.

(c)

Uses requiring use permits. The following uses are permitted subject to a use permit:

(1)

Duplex dwellings, multiple single-family dwellings, and multiple-family dwellings.

(2)

Public and quasi-public uses.

(d)

Uses requiring a minor use permit. The following uses may be permitted subject to the requirements of section 24-41

(1)

Large family day care facilities subject to the requirements of section 24-265

(2)

Bed and breakfast home.

(e)

Uses requiring an administrative permit. The following uses may be permitted subject to the requirements of section 24-40

(1)

Home occupations subject to the requirements of section 24-270

(2)

Temporary uses as listed in section 24-300

(3)

A temporary mobile home subject to the requirements of sections 24-295 and 24-295.10

(f)

Lot area and width. The standard provision of section 24-75 shall apply.

(g)

Front yard requirements. The standard provision of section 24-75 shall apply, except the setback of nonconforming existing structures which are being rehabilitated or expanded.

(h)

Side yard requirements. The minimum side yard required is three (3) feet, provided the sum of both side yards shall be equal to or greater than ten (10) percent of the average lot width. Where nonconforming existing structures are being rehabilitated or expanded, the minimum side yard shall be the existing setback distance on that side.

(i)

Rear yard requirements. The standard provisions of section 24-75 shall apply.

(j)

Off-street parking. The provisions of section 24-240 notwithstanding, one (1) off-street parking space shall be required per dwelling unit. This requirement is waived where existing off-street parking space is absorbed by expansion of an existing dwelling as part of an approved rehabilitation project of the county's housing and community development program.

(Ord. No. 3176, § 1(Exh. A), 1-24-95; Ord. No. 3321, § 5, 2-11-97; Ord. No. 3906, § 2, 3-22-2005)

24-126 - Wireless communication facilities in the R-N (Residential-Nonconforming) Zone.

Notwithstanding anything to the contrary in section 24-125, wireless communication facilities are not allowed in the R-N (Residential-Nonconforming) Zone unless a permit is obtained, subject to the requirements of section 24-262.

(Ord. No. 3569, § 8, 12-7-99)

24-127—24-129 - Reserved.

24-130 - RT-l through RT-1A (Residential-Mobile Home) Zones.

The following permitted uses, uses requiring a use permit, and administrative uses shall apply to all zones RT-1 through RT-1A. Uses that are unique to a particular zone and site requirements for each zone will be listed separately.

(a)

Uses permitted:

(1)

One (1) single-family dwelling or modular home per parcel.

(2)

The use of a single-family residence as a small family day care home, licensed family care home, foster home, or group home for mentally disordered or otherwise handicapped persons or neglected children. Said homes shall serve six (6) or fewer persons and shall be subject to all applicable state regulations and limitations.

(b)

Accessory uses:

(1)

Those uses and structures normally associated with a single-family residential use and are in conjunction with or incidental to the residential use, including but not limited to a garage, workshop, garden, private swimming pool, private tennis court, gazebo, spa, etc.

(2)

A guest house as defined by section 24-305.175.

(3)

A second dwelling unit pursuant to section 24-280

(4)

Household pets, but not including livestock, poultry or poisonous reptiles.

(c)

Uses requiring use permits. The following uses are permitted subject to a use permit:

(1)

Golf courses and country clubs.

(2)

Public and quasi-public uses.

(3)

Sales tract office.

(d)

Uses requiring a minor use permit. The following uses may be permitted subject to the requirements of section 24-41

(1)

Large family day care facilities subject to the requirements of section 24-265

(e)

Uses requiring an administrative permit. The following uses may be permitted subject to the requirements of section 24-40

(1)

Home occupations subject to the requirements of section 24-270

(2)

Temporary uses as listed in section 24-300

(3)

A temporary mobile home subject to the requirements of sections 24-295 and 24-295.10

(Ord. No. 3176, § 1(Exh. A), 1-24-95; Ord. No. 3321, § 6, 2-11-97; Ord. No. 3906, § 2, 3-22-2005)

24-130.10 - RT-1 through RT-lA site requirements.

(a)

Areas and setbacks listed in the following table are minimum requirements unless otherwise stated or provided for in subsection (b) of this section.

*  Front yard setback: Minimum front yard setback shall be twenty (20) feet from the edge of the ultimate right-of-way from all public or private roads except where the road is classified as a Federal Aid Road, in which case the setback shall be twenty-five (25) feet from the edge of the ultimate right-of-way.

(b)

Flexible lot size provisions. In the RT-1A zone districts land divisions may be designed and processed in accordance with the flexible lot size provisions of section 24-82. In such instances, the site requirements described for this zoning district shall not apply. Land division applications proposing to use the provisions of section 24-82, shall be so identified.

(Ord. No. 3176, § 1(Exh. A), 1-24-95; Ord. No. 3560, § 5, 10-12-99)

24-131 - Wireless communication facilities in RT-1 through RT-1A (Residential-Mobile Home) Zones.

Notwithstanding anything to the contrary in section 24-130, wireless communication facilities are not allowed in the RT-1 through RT-1A (Residential-Mobile Home) Zones unless a permit is obtained, subject to the requirements of section 24-262.

(Ord. No. 3569, § 9, 12-7-99)

24-132—24-134 - Reserved.

24-135 - SR through SR-5 (Suburban Residential) Zones.

The following permitted uses, uses requiring a use permit, and uses requiring an administrative permit shall apply to all zones SR through SR-5. Site requirements for each zone will be listed separately.

(a)

Uses permitted:

(1)

One (1) single-family dwelling or modular home, per parcel.

(2)

The use of a single-family residence as a small family day care home, licensed family care home, foster home, or group home for mentally disordered or otherwise handicapped persons or neglected children. Said homes shall serve six (6) or fewer persons and shall be subject to all applicable state regulations and limitations.

(b)

Accessory uses:

(1)

Those uses and structures normally associated with a single-family residential use and are in conjunction with or incidental to the residential use, including but not limited to a garage, workshop, garden, private swimming pool, private tennis court, gazebo, spa, etc.

(2)

A guest house as defined by section 24-305.175.

(3)

A second dwelling unit pursuant to section 24-280

(4)

Agricultural uses, including the keeping of animals, subject to the animal maintenance requirements of sections 24-255 through 24-255.15, inclusive, of this Code.

(c)

Uses requiring use permits. The following uses are permitted subject to a use permit:

(1)

Golf courses and country clubs.

(2)

Public and quasi-public uses.

(3)

Sales tract office.

(d)

Uses requiring a minor use permit. The following uses may be permitted subject to the requirements of section 24-41

(1)

Large family day care facilities subject to the requirements of section 24-265

(e)

Uses requiring an administrative permit. The following uses may be permitted subject to the requirements of section 24-40

(1)

Home occupations subject to the requirements of section 24-270

(2)

Temporary uses as listed in section 24-300

(3)

A temporary mobile home subject to the requirements of sections 24-295 and 24-295.10

(Ord. No. 3176, § 1(Exh. A), 1-24-95; Ord. No. 3906, § 2, 3-22-2005)

24-135.10 - SR through SR-5 site requirements.

(a)

Areas and setbacks listed in the following table are minimum requirements unless otherwise stated or provided for in subsection (b) of this section.

*  Front yard setback: Minimum front yard setback shall be twenty (20) feet from the edge of the ultimate right-of-way from all public or private roads except where the road is classified as a federal aid road, in which case the setback shall be twenty-five (25) feet from the edge of the ultimate right-of-way.

(b)

Flexible lot size provisions: In the SR-1 through SR-5 zone districts land divisions may be designed and processed in accordance with the flexible lot size provisions of section 24-82. In such instances, the site requirements described for this zoning district shall not apply. Land division applications proposing to use the provisions of section 24-82, shall be so identified.

(Ord. No. 3176, § 1(Exh. A), 1-24-95; Ord. No. 3560, § 6, 10-12-99)

24-136 - Wireless communication facilities in SR through SR-5 (Suburban Residential) Zones.

Notwithstanding anything to the contrary in section 24-135, wireless communication facilities are not allowed in the SR through SR-5 (Suburban Residential) Zones unless a permit is obtained, subject to the requirements of section 24-262.

(Ord. No. 3569, § 10, 12-7-99)

24-137—24-139 - Reserved.

Commercial Zones

24-140 - C-1 (Light Commercial) Zone.

(a)

Uses permitted:

(1)

Hotels and motels, clubs, lodge halls, bed and breakfast inns, churches, immediate care medical clinics.

(2)

Retail stores and shops of light commercial character and conducted within a building, including, but not limited to, appliance stores, banks, barbershops, beauty parlors, bookstores, cleaner or laundry agents and launderettes, clothing stores, convenience stores, departments stores, day care facilities, dress shops, drugstores, food stores, furniture stores, health clubs, mini storage, professional and business offices, restaurants with no drive thru service, shoe shops, studios and tailor shops, public utility commercial offices, video rental stores.

(3)

Outdoor advertising signs, (if the property abuts residentially zoned property, a Use Permit is required as specified in subsection (f) of this section) new automobile sales, amphitheaters and theaters.

(4)

Adult hotels and motels, subject to the requirements of article IV, adult business regulation, of chapter 15 of this Code.

(b)

Accessory uses:

(1)

A single-family dwelling or modular home as an accessory use to a commercial use listed above, subject to the site requirements of section 24-75

(c)

Uses requiring use permits. The following uses are permitted subject to a use permit:

(1)

Residential uses not in conjunction with a permitted use, recreational vehicle parks, multi-family dwellings, and mobile home parks.

(2)

Public and quasi-public uses not specifically allowed in subsection (a) of this section.

(3)

Small animal hospitals, mortuaries, hospitals, sanitariums, used car sales, used or secondhand goods, pawn shops, refreshment stands, service stations that offer repair services, auto body shops, auto repair shops, restaurants that have drive through service, shopping malls and shopping centers on sites of five (5) acres or greater, commercial recreation uses and other uses which are of similar character.

(4)

Recycling facilities as per section 24-275

(d)

Uses requiring an administrative permit. The following uses may be permitted subject to the requirements of section 24-40

(1)

Temporary uses as listed in section 24-300

(2)

Reverse vending machine and small collection recycling facilities pursuant to section 24-275

(e)

Site requirements. The following site requirements shall apply:

(1)

Lot width required: Minimum lot width shall not be less than forty-five (45) for commercial uses. The lot width requirements for residential uses shall conform to sections 24-75 and 24-80 of this Code.

(2)

Minimum lot size: None, for commercial uses, except as required to meet parking and building site development requirements and minimum sewage disposal requirements of chapter 19 of the Butte County Code. Residential uses shall meet the requirements of sections 24-75 and 24-80

(3)

Side yard requirements: None, except when the side of a lot abuts upon the side of a lot that is zoned to allow a residential use, in which case the side yard shall be not less than ten (10) feet. The side yard requirements for residential uses shall conform to section 24-75 of this Code.

(4)

Rear yard: None, except where the rear yard abuts a lot that is zoned for to allow a residential use, in which case the rear yard shall be not less than ten (10) feet. The rear yard requirements for residential uses shall conform to section 24-75 of this Code.

(f)

Site development standards.

(1)

Signs: In instances in which any commercially zoned property abuts residentially zoned property:

(i)

The standards as it pertains to allowable signs shall be that of the N-C (Neighborhood Commercial) zoning district;

(ii)

Use Permit approval must be obtained by applicants prior to installation of any proposed freestanding pole sign.

(iii)

Monument signs are allowable up to eight (8) feet tall, thirty-two (32) square feet of sign face, and with internal or exterior lighting. Use permit approval must be obtained by applicants prior to installation of a proposed monument sign that would exceed the allowable height or square footage criteria.

(Ord. No. 3176, § 1(Exh. A), 1-24-95; Ord. No. 3619, § 5, 7-25-2000; Ord. No. 3905, § 1, 3-22-2005)

24-141 - Wireless communication facilities in the C-1 (Light Commercial) Zone.

Notwithstanding anything to the contrary in section 24-140, wireless communication facilities are not allowed in the C-1 (Light Commercial) Zone unless a permit is obtained, subject to the requirements of section 24-262.

(Ord. No. 3569, § 11, 12-7-99)

24-142 - Large retail projects in the C-1 (Light Commercial) Zone.

Notwithstanding anything to the contrary in Section 24-140, large retail projects, as defined in Section 24-264, are not allowed in the C-1 (Light Commercial) Zone unless a use permit is obtained, subject to the requirements of Section 24-264.

(Ord. No. 3870, § 3, 2-10-04)

24-143—24-144 - Reserved.

24-145 - C-2 (General Commercial) Zone.

(a)

Uses permitted:

(1)

All uses permitted in C-1 (Light Commercial) Districts.

(2)

General commercial uses, including art shops, aviaries, bars and cocktail lounges, billiard, parlors and pool halls, bowling alleys, building material sales, cleaning and pressing establishments, dance halls, interior decorating shops, employment agencies, governmental legislative buildings, gymnasiums, public, commercial or physical cultural studios, hospitals, hotels and motels, laboratories and X-ray facilities, massage parlors and reducing salons, equipment rentals, pet shops, new and used car sales, repair garages, auto car washes, plumbing shops, cabinet shops, sign manufacturing shops, restaurants with drive through facilities, and other similar uses.

(3)

Adult hotels and motels, subject to the requirements of article IV, adult business regulation, of chapter 15 of this Code.

(b)

Accessory uses:

(1)

A single family dwelling or modular home as an accessory use to a commercial use listed above, subject to the site requirements of section 24-75

(c)

Uses requiring use permits. The following uses are permitted subject to a use permit:

(1)

Welding shops, auto body shops.

(2)

Manufacturing of clothing, handicraft products, printing, lithographing and other light manufacturing or industrial uses of similar character.

(3)

Public or quasi-public uses not specifically allowed in subsection (a) of this section.

(4)

Shopping malls and shopping centers on sites of five (5) acres or greater, commercial recreation uses, kennels and small animal hospitals and mortuaries.

(5)

Recycling facilities as per section 24-275

(6)

Residential uses not in conjunction with a permitted use, recreational vehicle parks, multi-family dwellings, and mobile home parks.

(d)

Uses requiring an administrative permit. The following uses may be permitted subject to the requirements of section 24-40

(1)

Temporary uses as listed in section 24-300

(2)

Reverse vending machine and small collection recycling facilities pursuant to section 24-275

(e)

Site requirements: The following site requirements shall apply:

(1)

Lot width required: Minimum lot width shall not be less than forty-five (45) feet for commercial uses. The lot width requirements for residential uses shall conform to sections 24-75 and 24-80 of this code.

(2)

Minimum lot size: None, except as required to meet parking and building site development requirements and minimum sewage disposal requirements of chapter 19 of the Butte County Code. Residential uses shall meet the requirements of sections 24-75 and 24-80 of this Code.

(3)

Side yard requirements: None, except when the side of a lot abuts upon the side of a lot that is zoned to allow a residential use, in which case the side yard shall be not less than ten (10) feet. The side yard requirements for residential uses shall conform to section 24-75 of this Code.

(4)

Rear yard: None, except where the rear yard abuts a lot that is zoned to allow a residential use, in which case the rear yard shall be not less than ten (10) feet. The rear yard requirements for residential uses shall conform to section 24-75 of this Code.

(f)

Site development standards. Signs: In instances in which any commercially zoned property abuts residentially zoned property:

(i)

The standards as it pertains to allowable signs shall be that of the N-C (Neighborhood Commercial) zoning district;

(ii)

Use Permit approval must be obtained by applicants prior to installation of any proposed freestanding pole sign;

(iii)

Monument signs are allowable up to eight (8) feet tall, thirty-two (32) square feet of sign face, and with internal or exterior lighting. Use permit approval must be obtained by applicants prior to installation of a proposed monument sign that would exceed the allowable height or square footage criteria.

(Ord. No. 3176, § 1(Exh. A), 1-24-95; Ord. No. 3619, § 6, 7-25-2000; Ord. No. 3905, § 1, 3-22-2005)

24-146 - Wireless communication facilities in the C-2 (General Commercial) Zone.

Notwithstanding anything to the contrary in Section 24-145, wireless communication facilities are not allowed in the C-2 (General Commercial) Zone unless a permit is obtained, subject to the requirements of section 24-262.

(Ord. No. 3569, § 12, 12-7-99)

24-147 - Large retail projects in the C-2 (General Commercial) Zone.

Notwithstanding anything to the contrary in Section 24-145, large retail projects, as defined in Section 24-264, are not allowed in the C-2 (General Commercial) Zone unless a use permit is obtained, subject to the requirements of Section 24-264.

(Ord. No. 3870, § 4, 2-10-04)

24-148—24-149 - Reserved.

24-150 - C-C (Community Commercial) Zone.

(a)

Purpose: The purpose of the community commercial (C-C) zone is to provide a wide range of facilities for the sale of goods and provision of personal services. When applied to shopping areas, the uses are generally conducted within a building, and may range in size from neighborhood centers, which may have a supermarket as a principal tenant, to a commercial center, which may also include a department or variety store as a principal tenant. When applied to commercial areas of town centers or other existing places with similar activities, the uses may be broadened to include outdoor retail uses, such as auto sales.

(b)

Uses permitted within buildings. The following uses are permitted in the C-C zone:

(1)

Retail stores and shops of a light commercial character including appliance stores, banks or other financial institution that provides a direct service to the public, insurance or real estate sales, barbershops, beauty parlors, bookstores, dry cleaning, laundry or laundromat, day care centers, dress shops, drugstores, market or grocery stores, furniture stores, millinery shops, standard restaurants which may serve alcoholic beverages with meals, refreshment stands, service stations, auto lube facilities and auto wash facilities, studios, tailor shops; business, professional or medical office; medical, dental or optical laboratory; blueprinting, photocopying or lithography store; nursery or garden supply; travel or ticket agency; repair shops for shoes, radios, televisions or other domestic appliances; and other uses which are of similar character to those enumerated and which will not be detrimental or obnoxious to the neighborhood in which they are to be located.

(2)

Hotels, motels, health clubs, service clubs and lodge halls, churches, hospitals, sanitariums.

(3)

Adult hotels and motels, subject to the requirements of article IV, adult business regulation, of chapter 15 of this Code.

(c)

Uses requiring a use permit:

(1)

Multiple dwellings and dwelling groups, subject to the height limit, building site area three thousand two hundred fifty (3,250) square feet per unit, average lot width and yard requirements specified in the R-3 zone.

(2)

One (1) single-family residence per parcel or a single-family residence, when attached to the main building in which the commercial use exists, and the residence is inhabited by the owner, employees, or operator of the commercial use. Any permit required for the commercial use must first be secured.

(3)

Mobile home parks not to exceed ten (10) dwelling units per acre.

(4)

Public and quasi-public uses.

(5)

Small animal hospitals (indoor kennels only).

(6)

Sales of new or used autos, boats or motorcycles, dancing academies or halls, open-air retail sales, theaters, bowling alleys, skating rinks, pet shops, wholesale stores, mini-storage facilities, mortuaries, used or secondhand goods, and other uses which are of similar character.

(7)

Recycling facilities as per section 24-275

(d)

Uses requiring an administrative permit: The following uses may be permitted subject to the requirements of section 24-40

(1)

Temporary uses as listed in section 24-300

(2)

Reverse vending machine and small collection recycling facilities pursuant to section 24-275

(e)

Site development standards. The following development standards shall apply to all development in the C-C zone, except that specific standards may be modified by use permit if the approving body finds that the modification is necessary to provide a superior project design over what would ordinarily occur with the basic standards and that the modified project fits harmoniously with the surrounding area.

(1)

Maximum structural height: Forty-five (45) feet.

(2)

Minimum building site area: Ten thousand (10,000) square feet.

(3)

Minimum lot width: The minimum lot width is sixty-five (65) feet.

(4)

Minimum front yard required: Twenty (20) feet for all buildings or structures except that off-street parking areas shall have a minimum of ten (10) feet.

(5)

Minimum side yard required: None, except when the side of a lot abuts upon the side of a lot that is zoned to allow a residential use, in which case the abutting side yard shall not be less than ten (10) feet. The street side of a corner lot shall have a twenty (20) feet setback for all buildings or structures except that off-street parking areas shall have a minimum of ten (10) feet.

(6)

Minimum rear yard required: None, except that it shall be twenty (20) feet when adjacent to a zone that allows a residential use.

(7)

Parking required: Off-street parking and loading shall be provided in conformance with the provisions of section 24-240, said parking areas shall be paved and striped to county standards.

(8)

Landscaping: Landscaping requirements shall be provided in conformance with the provisions of section 24-240.10

(9)

Outdoor lighting required: All lighting, exterior and interior, shall be designed and located so as to confine direct lighting to the premises. A light source shall not shine upon or illuminate directly on any surface other than the area required to be lighted. No lighting shall be of the type or in a location such that it constitutes a hazard to vehicular traffic, either on private property or on abutting streets.

(10)

Signs: Building signs shall not exceed a combined size of one (1) square foot in area for each lineal foot of building frontage.

(11)

Outdoor trash storage: All outdoor trash storage and collection facilities shall be enclosed by a solid masonry wall or view-obscuring fence at least one (1) foot higher than the trash container.

(12)

Zone walls: Where a commercial use adjoins a residential zone or use, the following shall apply:

a.

Install and maintain a sound-deadening wall (such as slumpstone) of six (6) to eight (8) feet in height or a planted berm six (6) feet in height or a combination wall and berm on any exterior boundary line which is a common property line with any residential zoning district.

b.

The wall shall not exceed three (3) feet in height within twenty (20) feet of the right-of-way.

c.

Where a topographic, natural vegetative barrier or a grade differential exists between the two (2) properties or if there is a significant distance between the uses that will provide the same buffering, exceptions to the wall or berm regulations may be made, in whole or in part with review and approval by the director of development services.

(13)

Noise: Noise generated by the commercial use shall be restricted to sixty (60) decibels (dB) at the common property line for a period of six (6) hours per day with no noise exceeding eighty (80) dB.

(Ord. No. 3176, § 1(Exh. A), 1-24-95; Ord. No. 3619, § 7, 7-25-2000)

24-151 - Wireless communication facilities in the C-C (Community Commercial) Zone.

Notwithstanding anything to the contrary in section 24-150, wireless communication facilities are not allowed in the C-C (Community Commercial) Zone unless a permit is obtained, subject to the requirements of section 24-262.

(Ord. No. 3569, § 13, 12-7-99)

24-152 - Large retail projects in the 24-150 C-C (Community Commercial) Zone.

Notwithstanding anything to the contrary in Section 24-155, large retail projects, as defined in Section 24-264, are not allowed in the C-C (Community Commercial) Zone unless a use permit is obtained, subject to the requirements of Section 24-264. Large retail projects in the C-C (Community Commercial) zoning district shall be limited to one hundred thousand (100,000) square feet or less.

(Ord. No. 3870, § 5, 2-10-04)

24-153—24-154 - Reserved.

24-155 - H-C (Highway Commercial) Zone.

(a)

Uses permitted:

(1)

One (1) single-family dwelling or modular home per parcel.

(2)

The use of a single-family residence as a small family day care home, licensed family care home, foster home, or group home for mentally disordered or otherwise handicapped persons or neglected children. Said homes shall serve six (6) or fewer persons and shall be subject to all applicable state regulations and limitations.

(b)

Accessory uses:

(1)

Those uses and structures normally associated with a single-family residential use and are in conjunction with or incidental to the residential use, including, but not limited to, a garage, workshop, garden, private swimming pool, private tennis court, gazebo, spa, etc.

(2)

A guest house as defined by section 24-305.175.

(3)

Second dwelling units subject to the requirements of section 24-280

(c)

Uses requiring use permits. The following uses are permitted subject to a use permit:

(1)

Duplex, multi-family dwellings, bed and breakfast inns, and multiple single-family residences;

(2)

Hotels and motels, clubs, lodge halls, hospitals, sanitariums and clinics;

(3)

Retail stores and shops of light commercial character as listed in the C-1 zoning district;

(4)

Outdoor advertising signs, new automobile sales, amphitheaters and theaters, small animal hospitals, dance academies, pet shops, mortuaries, used car sales, used or secondhand goods, refreshment stands, service stations, drive-in restaurants and other uses which are of similar character;

(5)

Recreational vehicle and mobile home parks;

(6)

Public and quasi-public uses;

(7)

Recycling facilities as per section 24-275

(d)

Uses requiring a minor use permit. The following uses may be permitted subject to the requirements of section 24-41

(1)

Large family day care facilities subject to the requirements of section 24-265

(2)

Bed and breakfast home.

(e)

Uses requiring an administrative permit. The following uses may be permitted subject to the requirements of section 24-40

(1)

Home occupations subject to the requirements of section 24-270

(2)

Temporary uses as listed in section 24-300

(3)

A temporary mobile home subject to the requirements of sections 24-295 and 24-295.10

(f)

Site requirements. The requirements of section 24-75 of this Code are modified in the following particulars for building sites in H-C zones:

(1)

Lot width required: Minimum lot width shall not be less than sixty-five (65).

(2)

Side yard requirements: None, except when the side of a lot abuts upon the side of a lot that is zoned to allow a residential use, in which case the abutting side yard shall not be less than ten (10) feet. The side yard requirements for residential uses shall conform to section 24-75 of this Code.

(3)

Rear yard: None, except where the rear yard abuts a lot that is zoned for to allow a residential use, in which case the rear yard shall be not less than ten (10) feet. The rear yard requirements for residential uses shall conform to section 24-75 of this Code.

g.

Site development standards.

(1)

In instances in which any commercially zoned property abuts residentially zoned property the standards as it pertains to allowable signs shall be that of the N-C (Neighborhood Commercial) zoning district.

(2)

Outdoor advertising signs require approval of a use permit as shown in subsection (c)(4) of this section.

(Ord. No. 3176, § 1(Exh. A), 1-24-95; Ord. No. 3321, § 7, 2-11-97; Ord. No. 3619, § 8, 7-25-2000; Ord. No. 3905, § 1 (part), 3-22-2005; Ord. No. 3906, § 2, 3-22-2005)

24-156 - Wireless communication facilities in the H-C (Highway Commercial) Zone.

Notwithstanding anything to the contrary in section 24-155, wireless communication facilities are not allowed in the H-C (Highway Commercial) Zone unless a permit is obtained, subject to the requirements of section 24-262.

(Ord. No. 3569, § 14, 12-7-99)

24-157—24-159 - Reserved.

24-160 - N-C (Neighborhood Commercial) Zone.

(a)

Purpose: The purpose of the neighborhood commercial (N-C) zone is to provide a limited selection of retail convenience shopping and personal services within either walking distance or brief driving distance of residential areas. Buildings, structures, edifices and uses shall be designed in such a manner as to blend architecturally with surrounding areas and shall be compatible and neighboring uses.

(b)

Uses permitted within buildings. The following uses are permitted in the N-C zone if conducted within a building:

(1)

Market or grocery stores, drugstores, hardware stores, variety stores, jewelry stores, bookstores, barbershop, beauty salon, florist, confectionery store, dry cleaning, laundry or laundromat, locksmith, restaurants and delicatessens that do not have drive through service, shoe repair and similar personal services.

(2)

Professional offices, such as doctors, dentists, insurance or real estate.

(3)

One (1) single-family residence per parcel or a single-family residence, when attached to the main building in which the commercial use exists, and the residence is inhabited by the owner, employee, or operator of the commercial use. Any permit required for the commercial use must first be secured.

(c)

Uses requiring a use permit:

(1)

Auto service station, self-service and non-self-serve auto wash.

(2)

Public and quasi-public uses.

(3)

Recycling facilities as per section 24-275

(d)

Uses requiring a minor use permit: The following uses may be permitted subject to the requirements of section 24-41

(1)

Large family day care facilities subject to the requirements of section 24-265

(e)

Uses requiring an administrative permit: The following uses may be permitted subject to the requirements of section 24-40

(1)

Home occupations subject to the requirements of section 24-270

(2)

Temporary uses as listed in section 24-300

(3)

Reverse vending machine and small collection recycling facilities pursuant to section 24-275

(4)

Temporary second dwellings subject to the requirements of sections 24-295 and 24-295.10

(f)

Site development standards. The following development standards shall apply to all development in the N-C zone, except that specific standards may be modified by use permit if the approving body finds that the modification is necessary to provide a superior project design over what would ordinarily occur with the basic standards and that the modified project fits harmoniously with the surrounding area.

(1)

Maximum structural height: Forty (40) feet.

(2)

Minimum building site area: Ten thousand (10,000) square feet.

(3)

Minimum lot width: The minimum lot width is sixty-five (65) feet.

(4)

Minimum front yard required: Twenty (20) feet for all buildings or structures except that off-street parking areas shall have a minimum of ten (10) feet.

(5)

Minimum side yard required: None, except where the side of a lot abuts upon the side of a lot that is zoned to allow residential uses, in which case the abutting side yard shall be not less than the side yard required for the residential district. The street side of a corner lot shall have a twenty (20) foot setback for all buildings or structures except that off-street parking areas shall have a minimum of ten (10) feet.

(6)

Minimum rear yard required: None, except that it shall be twenty-five (25) feet when adjacent to a zone that allows a residential use.

(7)

Parking required: Off-street parking and loading shall be provided in conformance with the provisions of section 24-240; said parking areas shall be paved and striped to county standards.

(8)

Landscaping: Landscaping requirements shall be provided in conformance with the provisions of section 24-240.10

(9)

Outdoor lighting required: All lighting, exterior and interior, shall be designed and located so as to confine direct lighting to the premises. A light source shall not shine upon or illuminate directly on any surface other than the area required to be lighted. No lighting shall be of the type or in a location such that it constitutes a hazard to vehicular traffic, either on private property or on abutting streets.

(10)

Signs: Building signs shall not exceed a combined size of one (1) square foot in area for each lineal foot of building frontage.

(11)

Outdoor trash storage: All outdoor trash storage and collection facilities shall be enclosed by a solid masonry wall or view-obscuring fence at least one (1) foot higher than the trash container.

(12)

Zone walls: Where a commercial use adjoins a residential zone or use, the following shall apply:

Install and maintain a sound-deadening wall (such as slumpstone) of six (6) to eight (8) feet in height or a planted berm six (6) feet in height or a combination wall and berm on any exterior boundary line which is a common property line with any residential zoning district.

a.

The wall shall not exceed three (3) feet in height within twenty (20) feet of the-right-of-way;

b.

Where a topographic, natural vegetative barrier or a grade differential exists between the two (2) properties or if there is a significant distance between the uses that will provide the same buffering, exceptions to the wall or berm regulations may be made, in whole or in part with review and approval by the director of development services.

(13)

Noise. Noise generated by the commercial use shall be restricted to sixty (60) dB at the common property line for a period of six (6) hours per day with no noise exceeding eighty (80) dB.

(Ord. No. 3176, § 1(Exh. A), 1-24-95; Ord. No. 3619, § 9, 7-25-2000; Ord. No. 3906, § 2, 3-22-2005)

24-161 - Wireless communication facilities in the N-C (Neighborhood Commercial) Zone.

Notwithstanding anything to the contrary in section 24-160, wireless communication facilities are not allowed in the N-C (Neighborhood Commercial) Zone unless a permit is obtained, subject to the requirements of section 24-262.

(Ord. No. 3569, § 15, 12-7-99)

24-162—24-164 - Reserved.

24-165 - Residential-Professional Office District.

(a)

Purpose and intent. It is the purpose of the residential-professional office or R-P zone to allow development of professional offices in the vicinity of commercial zones, multiple-family residential zones, and along major thoroughfares, and to preserve the desirable characteristics of the residential environment insofar as possible while permitting selected, nonresidential uses.

(b)

Permitted uses. The following are the principal permitted uses in the R-P zone:

(1)

Uses permitted in an R-1 district as set out in section 24-120

(2)

Offices occupied by accountants, architects, dentists, physicians, engineers, attorneys, drugless practitioners, electrologists, geologists, optometrists and psychologists.

(3)

No provision of this section shall be construed as permitted the storage of commercial vehicles in excess of one-and-one-half (1 l½) ton carrying capacity, except private, passenger-type vehicles.

(4)

The use of a single-family residence as a small family day care home, licensed family care home, foster home, or group home for mentally disordered or otherwise handicapped persons or neglected children. Said homes shall serve six (6) or fewer persons and shall be subject to all applicable state regulations and limitations.

(c)

Accessory uses. The following are the accessory uses permitted in an R-P zone:

(1)

Accessory uses as set out in section 24-120 for R-1 districts, when the primary land use is single-family residential.

(2)

Noncommercial storage areas not to exceed fifteen (15) percent of the gross floor area of the office or residential structure.

(d)

Conditional uses. The following uses are permitted in the R-P zone subject to obtaining a use permit in each case:

(1)

Uses permitted in an R-2 zone as set out in section 24-120

(2)

Offices for other professions the planning commission determines are similar to those enumerated in subsection (b)(2) of this section.

(3)

Public and quasi-public uses.

(e)

Uses requiring as minor use permit. The following uses may be permitted subject to the requirements of section 24-41

(1)

Large family day care facilities subject to the requirements of section 24-265

(2)

A bed and breakfast home.

(f)

Uses requiring an administrative permit. The following uses may be permitted subject to the requirements of section 24-40

(1)

Home occupations subject to the requirements of section 24-270

(2)

Temporary uses as listed in section 24-300

(3)

A temporary mobile home subject to the requirements of sections 24-295 and 24-295.10

(g)

Development standards. The following minimum requirements shall be observed, except where specifically modified for conditional uses:

(1)

Area requirements. The building site area requirements in the R-P zone are as follows:

a.

Minimum lot width for all lots except corner lots, sixty-five (65) feet at the setback line;

b.

Minimum lot area, six thousand five hundred (6,500) square feet for all lots, except corner lots;

c.

Minimum corner lot width, seventy (70) feet at the setback line;

d.

Minimum corner lot area, seven thousand (7,000) square feet;

e.

Maximum aggregate building coverage, twenty-five (25) percent on individual parcels of up to two (2) acres, fifty (50) percent coverage on parcels of two (2) acres or more.

(2)

Height requirements. The maximum height requirements in the R-P zone are as follows:

a.

For main buildings, thirty-five (35) feet;

b.

For accessory buildings, twenty-five (25) feet.

(3)

Yard requirements. The following yards are required in the R-P zone:

a.

Front yard—Professional use. The minimum required front yard shall be twenty (20) feet from the edge of the ultimate right-of-way, but in no case less than fifty-five (55) feet from the center line of the adjacent road;

b.

Front yard—Residential use. The minimum required front yard shall be twenty (20) feet from the edge of the ultimate right-of-way, but in no case less than sixty-five (65) feet from the center line of the adjacent road;

c.

Side and rear yards. The minimum side and rear yards shall be five (5) feet. In the event the parcel abuts a residential zone or construction will exceed twenty (20) feet in height, side and rear yard setbacks shall be ten (10) feet;

d.

Special yards and distances between buildings:

1.

Distance between buildings in any dwelling group, ten (10) feet,

2.

Inner court providing access to double-row dwelling group, minimum twenty (20) feet.

(4)

Off-street parking. Off-street parking shall be provided in an amount not less than that set forth in the regulations of section 24-240. Design and location of all off-street parking areas shall be approved by the planning division in advance. Parking lots shall be designed so that vehicles do not exit by backing out onto the adjacent roadway.

(5)

Access:

a.

R-P uses shall have frontage on a public street;

b.

R-P uses on parcels of less than two (2) acres will be served by one (1) encroachment, one (1) curb cut per street frontage;

c.

R-P uses on parcels of two (2) acres or more may be served by more than one (1) encroachment and curb cut per frontage;

d.

Access from the public right-of-way to the parking area serving an R-P use shall be a minimum of twelve (12) feet paved width.

(h)

Other standards and requirements:

(1)

Fences, shrubs, plantings. The requirements for fences, shrubs, screen plantings, etc., in the R-P Zone are as provided in Section 24-120(C) of this Code. If the property abuts a residential district, a six-and-one-half (6 ½) foot sight-obscuring wall or fence shall be constructed along the common line in compliance with the setbacks.

(2)

Public improvements. Existing structures converting to offices or duplexes under the R-P Zone shall be treated as new construction for purposes of road improvements, curb, gutter, sidewalk, provisions for drainage, or payment of applicable development fees.

(3)

Signs.

a.

Allowed by right. Signs attached to a building face, not extending past the roof line, limited to not more than two (2) per parcel or not more than thirty-five (35) square feet of aggregate area per street frontage;

b.

Subject to a minor use permit. Any monument-type sign, limited to one (1) per street frontage for each parcel, not exceeding thirty-five (35) square feet per sign;

c.

Subject to a use permit. Any sign exceeding the size limitation in subsection (h)(2) of this section, but not exceeding seventy (70) square feet for any individual sign.

(4)

Administrative permit required. Prior to commencement of construction or issuance of building permits in the R-P zone, an administrative permit, along with any necessary fees, shall be submitted to the planning division for approval, showing the following:

Site layout

Building facade details

Access

Parking

Landscaping

All improvements

Other pertinent features.

(5)

Office complexes. Office complexes are a more efficient use of land and resources than single offices on individual lots. To promote office complexes on parcels of two (2) acres or larger in size, these incentives are offered:

a.

A ten (10) percent reduction in parking spaces otherwise required by the zoning ordinance;

b.

Maximum aggregate building coverage ratios as enumerated in subsection (h)(3) of this section will be waived where sewage and drainage flows can be met;

c.

Sign area may be increased from thirty-five (35) square feet to a maximum of seventy (70) square feet;

d.

These incentives may not be used in conjunction with any other incentive.

(6)

Coordination with specific plans. Any building permit application for development of an R-P use or conversion of an existing structure shall not be approved if inconsistent with an applicable specific plan.

(7)

Building permit applications. Building permit applications within a specific plan area shall include:

a.

Proof that required infrastructure improvements have been installed or bonded;

b.

Planning division approval of the site layout.

(Ord. No. 3176, § 1(Exh. A), 1-24-95; Ord. 3906, § 2, 3-22-2005)

24-166 - Wireless communication facilities in the R-P (Residential Professional Office) Zone.

Notwithstanding anything to the contrary in section 24-165, wireless communication facilities are not allowed in the R-P (Residential Professional Office) Zone unless a permit is obtained, subject to the requirements of section 24-262.

(Ord. No. 3569, § 16, 12-7-99)

24-167 - Research and business park (RBP) zone.

(a)

Purpose and intent. The research and business park (RBP) zoning district is designed to encourage and promote the development of high quality, extensively landscaped, and well-maintained, developments in a campus-like environment. The primary land uses are research and development, business/professional corporate headquarters and light industrial and manufacturing geared toward high and advanced technology.

Research and business parks are subject to the high land use standards contained in this zoning district in order to ensure land use compatibility and a quality business environment. Site-specific design requirements specify extensive natural open space areas, active and passive recreational amenities, and complementary landscaping. Design guidelines are required for each research and business park to integrate the natural environment, structural improvements, and landscaping elements to create high quality developments.

The master development plan prepared for each RBP project specify site-specific standards for the design of individual parcels and lots in the RBP project. The design guidelines specify setbacks for buildings and parking areas; extensive landscaping requirements; lighting design requirements; requirements for screening of parking areas, service areas, mechanical equipment; and other design criteria.

The research and business park zone facilitates innovative site planning, including the ability to cluster parcels and development areas in order to avoid constrained lands and preserve common open space. This zone also provides the flexibility to develop a variety of project types and a range of compatible uses. This zone district may only be utilized on lands designated research and business park by the general plan.

Specific components of individual research and business park developments, including land uses, development standards, infrastructure requirements, and site and architectural design, will be defined through the master development plan process.

(b)

Research and business park master development plan process. It is the intent of the research and business park (RBP) zone to provide for the ultimate development of all lands within the research and business park with minimal requirement for subsequent discretionary entitlement processing. To that end, development standards and requirements will be established through the business park master development plan process. The research and business park master development plan will serve as a comprehensive program to determine the parameters and standards for the uses, design and maintenance of all land within the research and business park boundary.

Following master development plan approval, applications for site development and building construction within an approved business park are subject to the administrative permit process, as set forth in section 24-167(c) of this zoning district.

(1)

Preapplication review: An optional preapplication review is encouraged for all master development plans. Said preapplication review shall occur in accordance with the process established by the director of development services.

(2)

Master development plan submittal requirements. In addition to the basic application filing requirements, minimum submittal requirements include the following:

a.

Conceptual project design, including the following:

1.

Master site development plan showing development parcels and their uses, building areas, vehicular and pedestrian access and circulation, open space areas, landscaping, and parking;

2.

Draft design guidelines which establish the architectural standards and requirements for the topics in section 24-167(j) and include a description of the proposed method of administering and enforcing design guidelines and maintaining open space areas;

3.

Typical elevations that illustrate the range of architectural styles provided for in the design guidelines.

b.

Schematic infrastructure plan (i.e., roads, sewer, water, storm drainage) showing size and availability of facilities and a description of necessary utilities.

c.

Topographic map. A topographic map of the project site and land and structures within one hundred (100) feet of the project boundaries. The map shall be drawn to a scale of not less than one (1) inch equals one hundred (100) feet with a contour interval of five (5) feet.

d.

Slope maps. Maps of existing and final slope depicting the following slope categories: 0—5 percent, 6—10 percent, 11—15 percent, 16 percent and higher shall be shown using contrasting patterns or colors.

e.

Preliminary grading, erosion control, and drainage plan.

f.

Hydrology report. A hydrology report which shall identify areas of possible inundation, downstream effects, natural drainage courses, primary groundwater recharge areas (as applicable), effect of hydrologic conditions on the proposed development, recommendations regarding the adequacy of facilities proposed for the site, and proposed solutions to mitigate identified hydrologic hazards. The report shall be prepared by a registered civil engineer experienced in hydrology and hydrologic investigation.

g.

Biological resource assessment. A biological resource assessment of the subject site by a qualified biologist including the location and species of trees over six (6) inches in diameter at breast height; habitat type; and the occurrence of any special-status species within the area.

h.

Traffic study. A traffic study prepared by a qualified traffic engineer to assess current levels of service and needed improvements of both on-site and off-site roads. The study shall also evaluate pedestrian and bicycle opportunities, transit, and unique characteristics of the vehicle mix, etc.

A specific plan, as identified in section 65450 et seq. of the California Government Code or a development agreement pursuant to Butte County Resolution No. 81-229 may be used by the applicant to fulfill the requirement for preparation of a master development plan.

(3)

Phasing of development and infrastructure. Business parks may be developed in phases, where so identified in the master development plan.

(4)

Master development plan approval. The planning commission will review and consider the draft master development plans. In approving the master development plan, the planning commission must find that it is consistent with the general plan and all provisions of this zoning district. The procedure for review and consideration of a master development plan and for appeals shall be as specified in sections 24-45.20, 24-45.25 and 24-45.30, except that the requirements for findings shall be as specified herein.

(5)

Master development plan amendment process. Requests for major amendments to an approved master development plan shall be subject to review by the planning commission, except that minor amendments may be reviewed and considered by the director of development services.

(6)

Relationship to subdivision process. A tentative subdivision or parcel map is not a requirement or prerequisite of business park development and master development plan approval. A tentative parcel map or subdivision map may be submitted and processed concurrently with a master development plan. Alternatively, such map requests may be submitted as a condition of master development plan approval.

(c)

Administrative permit process. Once a master development plan has been approved by the planning commission, the director of development services is authorized to grant administrative permits for any use consistent with the listing of principal permitted uses. A building permit or grading permit shall not be issued until an administrative permit has been approved by the director.

The director shall determine that all uses and development standards are consistent with the approved research and business park master development plan and within the scope of the environmental review and determination for the overall research and business park. The director shall also verify that the applicant has received design review approval by the research and business park property owners association or other established entity. The c, c and r's, as required in section 24-167(k), shall be submitted for review and approvals.

(d)

Principal uses permitted. The following is a partial, representative listing of the principal permitted uses within the research and business park (RBP) zone. Other, similar uses may be permitted as determined by the planning commission or director of development services:

(1)

Advanced technology, research and development uses, and facilities used for testing and analysis of products, including, but not limited to the following representative types:

a.

Computer software and hardware design.

b.

Telecommunications.

c.

Biotechnology.

d.

Agricultural technology.

e.

Pharmaceuticals.

f.

University-based research and learning centers.

(2)

Business and professional corporate headquarters, including, but not limited to the following representative types:

a.

Banks and other financial institutions.

b.

Data processing and management centers.

c.

Insurance companies.

d.

Health-related industries.

e.

Direct sales/telemarketing.

f.

Professional services, including engineers, architects and other consulting businesses.

(3)

Uses that emphasize product development over high volume production (or high value to weight/ volume), including, but not limited to the following representative types:

a.

Computer software and hardware manufacturing.

b.

Book and magazine publishing.

c.

Medical and dental products.

d.

Applied technology.

e.

Specialty manufacturing.

(e)

Accessory uses.

(1)

Retail Uses. Total building square footage shall not exceed one (1) percent of the floor area ratio of a parcel or of the total floor area ratio of the entire research and business park. Retail uses may only be developed after twenty-five (25) percent of the research and business park is built-out, unless such uses are operated by and included within the building of a principal permitted use. The planning commission, during consideration of the master development plan, may allow deviations from these limitations. Following master development plan approval, deviations will be permitted only pursuant to a use permit.

Following are representative types:

a.

Restaurants, coffee shops, delicatessen and sandwich shops.

b.

Health and athletic clubs.

c.

Barber and beauty shops.

d.

Small shops specializing in sundry items, including newspapers and magazines, snacks and candy, tobacco, and similar products.

(2)

Plazas.

(3)

Amphitheaters.

(4)

Gardens and fountains.

(5)

Outdoor art, sculptures and exhibits.

(6)

Public or quasi-public facilities.

(7)

Administrative offices and warehousing to support primary use.

(8)

Joint-use facilities, including video conferencing centers and assembly and conference halls.

(f)

Temporary uses.

(1)

Construction offices.

(2)

Sales and leasing offices.

(3)

Real estate signs.

(g)

Uses requiring use permits.

A use permit shall not be granted for any proposed use which would be incompatible with the construction or operation of any principal permitted use. To the extent possible, uses shall be operated within the parcel and building of a principal permitted use in order to maintain the appearance and character of the research and business park.

Use permits shall only be considered and approved by the planning commission for those uses proposed subsequent to approval of the master development plan.

(1)

Representative uses requiring a use permit. The following is a partial, representative listing of uses that require a use permit. Other similar uses may also be considered with approval of the director of development services.

a.

Day care centers, except when operated within the building of a principal permitted use.

b.

Limited stay residential facilities.

c.

Retreat and conference facilities.

d.

Commercial public access communication antennae and towers, including those used for satellite and cellular systems, if not operated as part of a principal permitted use.

e.

Uses or buildings that deviate from the site development requirements in section 24-167(i) or from the accessory use limitations set forth in section 24-167(e)(1).

f.

Special events, such as trade fairs.

g.

Trade or professional college.

(h)

Prohibited uses.

(1)

All uses not specifically listed or otherwise determined to be incompatible.

(2)

Billboards and off-site signs.

(3)

Uses with outdoor storage and/or production.

(4)

Recycling centers.

(5)

Food processing plants.

(i)

Site development requirements. The following site development requirements shall apply to all uses within the research and business park zone. Any standard may be modified during the master development plan process. For individual projects proposed after master development plan approval, modifications will be considered by the planning commission through the use permit process. A modification may be approved if it is determined that the modification meets the intent of the research and business park zone, would result in a superior development or results in a comparable outcome, and would not result in greater impacts on surrounding properties or the environment in general.

(1)

Minimum research and business park size shall be two hundred (200) acres.

(2)

The following table establishes site development standards based on applicable lot size.

1.  Lot sizes may be smaller if the business park includes commonly-owned space. See also Note 6.

2.  Includes buildings, parking areas, and all paved surfaces. Pedestrian paths and recreation facilities in open space and building setback areas are exempt.

3.  Building setback areas must be landscaped or maintained as open space. No impervious surfaces are permitted, except for driveways, emergency access, pedestrian walkways, bicycle paths, etc.

4.  Includes ornamental landscaping and landscaping for active and passive recreation. Drought tolerant plant species are recommended.

5.  In some instances, the maximum impervious surface area will be reduced in order to comply with required building setbacks, which prohibit impervious surfaces.

6.  For projects which propose common open space, the floor area ratio and impervious surface limits will be based on the entire project area rather than the individual parcel or lot.

(j)

Design guidelines. Design guidelines that adhere to the parameters described in this section shall be prepared and submitted by the applicant and approved as part of the master development plan process described in section 24-167(b) of this zoning district. All uses within the research and business park shall adhere to design guidelines formulated specifically for the research and business park in which the use is located. Design guidelines shall address the topics shown below.

The following guidelines are primarily intended to identify the topics which must be addressed. Secondarily, these guidelines provide direction (i.e., establish parameters) in certain topical areas. It is the intent of this section that applicants be allowed considerable flexibility in the manner in which the design parameters are met.

(1)

Site design.

a.

All development should be sensitive to viewshed preservation for nearby properties within and beyond the business park.

b.

Parking lots should not be a visually dominant site feature when viewed from adjacent streets. Large expanses of parking lot surface are to be avoided in favor of smaller units.

c.

Wherever possible, employee parking areas should be separated from streets by buildings.

d.

Where parking lots are visible from streets, parked vehicles should be partially screened with perimeter landscaping or landscaped earthen berms that does not interfere with sight distance at driveways and road intersections.

e.

Well-defined, safe pedestrian walkways shall be provided through all parking areas with connection to adjacent streets.

f.

Vacant parcels and areas not subject to immediate development should be planted with annual grasses and mowed on a regular basis.

g.

Plazas and courtyards, protected from weather and nuisance factors (such as loading/service areas and mechanical equipment), should be provided within each project for the benefit and enjoyment of employees.

(2)

Landscape design.

a.

Landscape plans shall include a recommended plant list prepared by a licensed landscape architect. Native plants and drought tolerant species should be emphasized.

b.

Plans shall address parking lot shading and screening, streetscape, and all areas of the parcel. All required setback areas, which must be either retained as open space or landscaped, shall be maintained.

c.

Xeriscape landscaping is encouraged in order to minimize maintenance requirements and water consumption.

d.

All landscaped areas shall be irrigated, except xeriscape plantings.

e.

All parking lots shall include shade trees that, within ten (10) years of installation, shade at least fifty (50) percent of the pavement at the summer solstice (June 21).

(3)

Architectural design.

a.

A range of acceptable building forms, materials, and colors shall be specified.

b.

All primary building materials should be able to withstand local weather conditions with little or no degradation in appearance or function.

c.

Large expanses of uninterrupted wall planes are discouraged where visible from a street or research and business park property line. Various techniques may be utilized to reduce the visual monotony of such vertical surfaces, including deep off-sets and recesses, windows, trellises, variations in colors and materials, and architectural detailing that creates definite shadow patterns.

d.

To the maximum extent possible, the appearance of large, monolithic building mass shall be avoided. Where large footprint, rectilinear buildings are necessary and appropriate, the perception of mass shall be reduced by breaking wall planes into smaller, connected sizes. Apparent building mass can also be reduced by incorporating extensive tree screening.

e.

While the site development requirements allow buildings to attain a height of forty (40) feet, consideration should be given to varying heights as a means of improving visual interest.

f.

Primary building entrances should be oriented toward the street.

(4)

Signage.

a.

A conceptual design theme for all signs shall be developed. Signs may only identify the name of the building. Individual tenants in multiple occupancy buildings may not be listed in the building sign.

b.

Signage not affixed to buildings shall be monument-style and integrated into the landscape design.

c.

Only exterior illumination of signs shall be permitted.

d.

Billboards and off-site signs are specifically prohibited.

e.

All signs shall be constructed of materials able to withstand local weather conditions with little or no degradation in appearance or function.

(5)

Lighting. All exterior lighting fixtures shall be shielded and oriented downward to minimize light spillage and glare beyond the research and business park.

(6)

Walls and fences.

a.

All walls and fences shall be buffered with landscaping and/or landscaped earthen berms.

b.

Walls and/or fences shall be constructed of durable, low maintenance materials. Chain link fencing is prohibited.

c.

Solid walls and fences higher than three (3) feet in height are not permitted within the required setback areas.

(7)

Pedestrian and bicycle circulation.

a.

A pedestrian and bicycle circulation plan shall be prepared.

b.

Bicycle lockers and racks are required. Safe and convenient pedestrian and bicycle access shall be provided from parking areas to buildings, between buildings, to streets and throughout the research and business park.

c.

Consideration should be given to provision of employee shower and locker room facilities as a means of encouraging bicycle commute travel.

(8)

Public transit. Provision shall be made for public transit facilities along research and business park streets and in parking areas, in accordance with county transit requirements.

(9)

Loading and service areas and mechanical equipment. Particular attention shall be given to the siting of loading and service areas to minimize visual and acoustical impacts. Visual and acoustical screening shall be included, where needed.

(10)

Public facilities and utilities. All utilities shall be installed underground, with the exception of transformers which may be pad-mounted. Pad-mounted facilities shall be screened from off-site view using shrubs.

(11)

Grading, drainage, and erosion control. Contour grading techniques shall be used to blend site grading into natural topography. Grading shall be designed to:

a.

Conserve natural topographic features by minimizing the amount of cut and fill and by blending graded slopes and benches with the natural topography; and

b.

Retain major natural topographic features, including canyons, knolls, ridgelines, and prominent landmarks.

(12)

Agricultural lands and sensitive environmental and historic features.

a.

Buffers shall be provided to agricultural lands and sensitive environmental and historic features outside the research and business park.

b.

Agricultural uses may be integrated into private or common open space or landscaped areas within the research and business park.

c.

Mature trees, creeks, rock outcroppings and other natural features shall be preserved and incorporated into business parks whenever possible. Historic features, such as rock walls, should also be incorporated.

d.

Flexible lot sizing and clustering of development areas is encouraged as a means of preserving and incorporating sensitive land features within a research and business park.

e.

Maintain a building and grading setback of at least one hundred (100) feet from the top of bank or high water mark (whichever is greater) from perennial streams and riparian areas.

(13)

Streetscape. A consistent streetscape theme addressing all elements of the streetscape, including plant materials, street lighting fixtures, street signage, and pavement, shall be created.

(k)

Deed restrictions. Where multiple owners or parcels are included, deed restrictions, or covenants, conditions and restrictions (c, c and rs), administered and enforced by a property owners association shall be submitted as part of the administrative permit process. They shall be reviewed and approved by the director of development services and the county counsel's office to assure conformance with the master development plan. All uses within the research and business park shall adhere to the recorded c, c and rs.

C, c and rs shall give particular attention to administration and enforcement of design guidelines and to maintenance of common open space and landscaping.

(Ord. No. 3575, § 1, 1-11-2000)

24-168, 24-169 - Reserved.

Industrial Zones

24-170 - L-I (Limited Industrial) Zone.

(a)

Uses permitted:

(1)

Storage and distribution of goods and materials, including wholesaling, warehouses, moving services, vehicle storage, mini-storage, equipment rental yards, storage of surplus goods including outdoor storage, delivery services and similar uses, but not including storage of flammables, explosives or materials which create dust, odors or fumes.

(2)

Off-site construction and maintenance services, including building, electrical, plumbing, heating, roofing, painting, landscaping, excavation and similar contractors and janitorial, fumigating, septic tank pumping, and similar services.

(3)

Assembly and light manufacturing uses which are not objectionable, obnoxious or offensive by reason of emission of noise, smoke, dust, odors, fumes, cinders, heat, bright lights, vibration, radiation, refuse matter or water-carried waste and which do not involve the handling of flammable, explosive or dangerous materials. Permitted uses include woodworking and cabinet shops, auto body shops, sheet metal work, printing, engraving and sign manufacture, and manufacture of clothing, handicrafts, tools, instruments, fixtures, parts and equipment from previously prepared materials, but do not include casting, milling, smelting, refining, weaving, rebuilding, recycling, brewing, bottling, canning, tanning, rendering or any chemical processing.

(4)

Public uses and utilities, not including recreation facilities, disposal sites, sewage treatment and power plants.

(5)

Residence of caretaker or proprietor.

(6)

Advertising signs.

(b)

Accessory uses:

(1)

Retail sales in conjunction with and accessory to any of the permitted uses when no more than twenty-five (25) percent of the floor space is devoted to sales.

(2)

Reserved.

(c)

Uses requiring use permits. The following uses are permitted subject to a use permit:

(1)

Public and quasipublic uses.

(2)

Recycling facilities as per section 24-275

(3)

Commercial recreation uses.

(d)

Uses requiring an administrative permit. The following uses may be permitted subject to the requirements of section 24-40

(1)

Temporary uses as listed in section 24-300

(2)

Small collection recycling facilities pursuant to section 24-275

(e)

Site requirements. The requirements of section 24-75 of this Code are modified for all building sites in "L-I" zones in the following particulars:

(1)

Lot area and width. There is no lot area minimum nor lot width minimum except as may be required for the building and for off-street loading area and parking and that area required to meet the sewage disposal requirements of chapters 19 and 20 of the Butte County Code.

(2)

Side yard. None, except where the side of a lot abuts a zone that allows a residential use, in which case the side yard shall be not less than twenty (20) feet.

(3)

Rear yard. None, except where the rear yard abuts a zone that allows a residential use, in which case the rear yard shall be not less than twenty (20) feet.

(4)

Truck loading and unloading space. Private off-street loading space for the handling of all goods, materials and equipment shall be provided. Such space shall be of sufficient area and of such design as to permit the parking and loading of vehicles without extending into any existing street beyond the curbline.

(5)

Off-street parking space. The provisions of section 24-240 shall apply.

(6)

Enclosure. All uses must be conducted entirely within an enclosed building or structure or within an area enclosed on all sides by a solid wall or fence at least six (6) feet in height or by a chainlink fence at least six (6) feet in height with a six-foot planting buffer maintained in healthy condition, except that the provisions of section 10-9 shall apply to fences and walls within the required front yard and street setback area.

(Ord. No. 3176, § 1(Exh. A), 1-24-95)

24-171 - Wireless communication facilities in the LI (Limited Industrial) Zone.

Notwithstanding anything to the contrary in section 24-170, wireless communication facilities are not allowed in the L-I (Limited Industrial) Zone unless a permit is obtained, subject to the requirements of section 24-262.

(Ord. No. 3569, § 17, 12-7-99)

24-172—24-174 - Reserved.

24-175 - M-1 (Light Industrial) Zone.

(a)

Uses permitted:

(1)

Wholesale and storage warehouses, minor waste tire storage facility, reverse vending machines, small and large collection recycling facilities.

(2)

The assembly and storage of goods, materials, liquids and equipment (except the storage of inflammable matter or explosives or materials which create dust, odors or fumes).

(3)

Feed storehouses and warehouses and fuel yards.

(4)

Industrial uses including, but not limited to, the following: the manufacturing, processing, fabricating, assembling, refining, repairing, packaging and treatment of goods, materials and products by power (oil, gas or electric), including, by way of example and illustration, but not limited to, the manufacturing, fabrication and assembling of bathroom shower and patio partitions, enclosures and doors, windows and store fronts of aluminum, plastic and fiberglass, or other suitable material, and the processing, finishing, polishing and anodizing of aluminum extrusions and castings, assaying, auto repair and auto body shops, boat repair, broom, brush, and rug manufacturing, die casting, draying, freighting or trucking yards or terminals, heavy equipment rental or sale, heating and ventilating service shops, jewelry manufacturing, lamp shade manufacturing, lumberyards, packaging plants, outdoor advertising signs, printing and lithography shops, public utility service yards, service stations, sign shops, truck repairing and overhauling, and welding shops.

(5)

Dyeing and rug cleaning plants, catering services, veterinary hospitals and animal shelters and kennels, cabinet and woodworking shops, construction and material yards.

(6)

Adult businesses, subject to the requirements of article IV, adult business regulation, of chapter 15 of this Code.

(b)

Accessory uses:

(1)

Caretaker or night watchman residence accessory to a permitted use listed in subsection (a), above.

(2)

Retail sales in conjunction with and accessory to any of the permitted uses when no more than twenty-five (25) percent of the floor space is devoted to sales.

(3)

Accessory uses and buildings pertinent to any permitted use.

(c)

Uses requiring use permits: The following uses are permitted subject to the securing of a use permit in each case:

(1)

Any residential use not accessory to a permitted use listed in subsection (a) above.

(2)

Storage of inflammables.

(3)

Manufacturing of acids, explosives, fertilizer, glue, gypsum, lime, plaster of paris, pulp and paper, beet sugar, crushed rock, sand and gravel, cement, concrete and/or asphalt batching plants, concrete and clay products.

(4)

Any use listed in section 24-175(a) above which, because of operational characteristics specific to the particular business or proposed location, is found by the director of development services, to have the potential to negatively impact adjoining properties, businesses, or residents. Generally speaking, any M-1 use will probably require a use permit under this section if the use or structure will be located less than one hundred (100) feet from the boundary of a zone that allow residential uses.

(5)

Junkyards and auto wrecking yards, major waste tire storage facilities.

(6)

Processing recycling facilities as per section 24-275

(7)

Commercial uses and conditional uses listed in subsections (a) and (c) of the C-1 and C-2 zones unless specifically listed as an allowed use in section 24-175(a), above, and commercial recreation uses.

(d)

Uses requiring an administrative permit: The following uses may be permitted subject to the requirements of Section 24-40

(1)

Temporary uses as listed in section 24-300

(e)

Site requirements: The requirements of section 24-75 of this Code are modified for all building sites in M-1 zones in the following particulars:

(1)

Lot area and width: There is no lot area minimum and no lot width minimum except as may be required for the building and for off-street loading area and parking and that area required to meet the sewage disposal requirements of chapters 19 and 20 of the Butte County Code.

(2)

Minimum side yard required: None, except when the side of a lot abuts upon the side of a lot that is zoned to allow a residential use, in which case the abutting side yard shall not be less than twenty-five (25) feet.

(3)

Rear yard: None, except where the rear yard abuts a lot that is zoned for to allow a residential use, in which case the rear yard shall be not less than twenty-five (25) feet.

(4)

Truck loading and unloading space: Private off-street loading space for the handling of all goods, materials and equipment shall be provided. Such space shall be of sufficient area and of such design as to permit the parking and loading of vehicles without extending into any existing street beyond the curb line.

(5)

Off-street parking. The requirements of section 24-240 shall apply.

(Ord. No. 3176, § 1(Exh. A), 1-24-95; Ord. No. 3619, § 10, 7-25-2000)

24-176 - Wireless communication facilities in the M-1 (Light Industrial) Zone.

Notwithstanding anything to the contrary in section 24-175, wireless communication facilities are not allowed in the M-1 (Light Industrial) Zone unless a permit is obtained, subject to the requirements of section 24-262.

(Ord. No. 3569, § 18, 12-7-99)

24-177—24-179 - Reserved.

24-180 - M-2 (Heavy Industrial) Zone.

(a)

Uses permitted:

(1)

Any uses permitted in M-1 districts.

(2)

Industrial uses including, but not limited to, the following: Aircraft factories, asphalt batch plants, assaying, wholesale bakeries, boiler works, breweries and distilleries, can and metal container manufacturing, candle manufacturing, carbon manufacturing, chain and cable manufacturing, concrete batch plants, creameries and dairy product plants, disinfectants manufacturing, dry kilns, emery cloth and sandpaper manufacturing, enameling, feed and cereal mills, foundries, freight terminals, galvanizing and lead plating, glass or glass product manufacturing, lumber and lumber processing machinery manufacturing, metal fabrication, mobile home or recreational vehicle manufacturing, moving and storage warehouses, paper product and paper box manufacturing, petroleum distributing stations (wholesale or retail), photographic processing, plywood manufacturing, printing ink manufacturing, soap and soap compound manufacturing, starch, glucose or dextrine manufacturing, vegetable oil manufacturing, welding shops and sheet metal shops, wood planing mill or woodworking plants, yeast plants.

(3)

Canneries, olive processing plants and other agricultural processing plants of similar nature.

(4)

Adult businesses, subject to the requirements of article IV, adult business regulation, of chapter 15 of this Code.

(b)

Accessory uses:

(1)

Caretaker or night watchman residence accessory to a permitted use listed in subsection (a), above.

(2)

Retail sales in conjunction with and accessory to any of the permitted uses when no more than twenty-five (25) percent of the floor space is devoted to sales.

(3)

Accessory uses and buildings pertinent to any permitted use.

(c)

Uses requiring use permits: The following uses are permitted subject to the securing of a use permit in each case:

(1)

Any residential use not associated with a permitted use listed in subsection (a) above.

(2)

Commercial distillation of bones, abattoirs, livestock auction yards, commercial livestock feed yards, commercial millings, tanneries, fat rendering, garbage-fed commercial hog raising.

(3)

The manufacturing of caustic, flammable or hazardous materials including, but not limited to, the following: acetylene, acids, ammonia, asbestos, bleach, caustic soda, cellulose, celluloid, chlorine, creosote, fertilizers, film, flammable gasses, glue, lacquer, lime, linoleum, matches, paint, phenol, soap, shellac, turpentine, or varnish.

(4)

Dumping and disposal areas, major waste tire facilities.

(5)

Any use listed in section 24-180(a) which, because of operational characteristics specific to the particular business or proposed location, is found by the director of development services, to have a the potential to negatively impact adjoining properties, businesses, or residents. Generally speaking, any M-2 use will probably require a use permit under this section if the use or structure will be located less than one hundred (100) feet from the boundary of a zone that allow residential uses.

(6)

Junkyards and auto wrecking yards.

(7)

Commercial uses and conditional uses listed in subsections (a) and (c) of the C-1 and C-2 zones unless specifically listed as an allowed use in section 24-180(a), above, and commercial recreation uses.

(c)

Uses requiring an administrative permit: The following uses may be permitted subject to the requirements of section 24-40

(1)

Temporary uses as listed in section 24-300

(2)

Large processing recycling facilities.

(d)

Site requirements: The requirements of section 24-75 of this Code are modified for all building sites in M-2 zones in the following particulars:

(1)

Lot area and width: There is no lot area minimum and no lot width minimum except as may be required for the building and parking and that area required to meet the sewage disposal requirements of chapters 19 and 20 of the Butte County Code.

(2)

Minimum side yard required: None, except when the side of a lot abuts upon the side of a lot that is zoned to allow a residential use, in which case the abutting side yard shall not be less than twenty-five (25) feet.

(3)

Rear yard: None, except where the rear yard abuts a lot that is zoned for to allow a residential use, in which case the rear yard shall be not less than twenty-five (25) feet.

(4)

Truck loading and unloading space: Private, off-street loading space for the handling of all goods, materials and equipment shall be provided. Such space shall be of sufficient area and of such design as to permit the parking and loading of vehicles without extending into any existing street beyond the curb line.

(5)

Off-street parking: The provisions of section 24-240 shall apply.

(Ord. No. 3176, § 1(Exh. A), 1-24-95; Ord. No. 3619, § 11, 7-25-2000)

24-181 - Wireless communication facilities in the M-2 (Heavy Industrial) Zone.

Notwithstanding anything to the contrary in section 24-180, wireless communication facilities are not allowed in the M-2 (Heavy Industrial) zone unless a permit is obtained, subject to the requirements of section 24-262.

(Ord. No. 3569, § 19, 12-7-99)

24-182—24-184 - Reserved.

Timber Zones

24-185 - C-F (Commercial Forestry) Zone.

(a)

Uses permitted:

(1)

Management of land and forests for the growth, harvest, and production of trees.

(2)

Management of land and forests to protect them from fire, insects, disease or other such calamities.

(3)

Logging, construction and use of equipment, installations and improvements necessary for removal of trees, logs and forest products.

(4)

Portable wood processing operations and accessory improvements.

(5)

Uses of natural resources wholly compatible with forestry operations including livestock grazing, beekeeping, prospecting and similar uses.

(6)

Recreational uses not requiring permanent improvements and not interfering materially with forestry operations, including hunting, fishing, camping, hiking, riding and similar uses.

(7)

The erection, construction, alteration or maintenance of gas, electric, water or communication transmission facilities, hydro generating projects of five (5) megawatts or less.

(b)

Uses requiring use permits:

(1)

Permanent residential quarters for persons employed on the premises.

(2)

Other uses customary and incidental to forestry operations, including permanent wood processing installations.

(3)

Development and use of water and mineral resources for other than forestry operations.

(c)

Uses requiring an administrative permit. The following uses may be permitted subject to the requirements of section 24-40

(1)

Temporary uses as listed in section 24-300

(2)

Reserved.

(d)

Area requirements. Minimum lot area is one hundred sixty (160) acres.

(e)

Front yard setback. Minimum front yard setback shall be twenty (20) feet from the edge of the ultimate right-of-way from all public or private roads except where the road is classified as a federal aid road, in which case the setback shall be twenty-five (25) feet from the edge of the ultimate right-of-way.

(Ord. No. 3176, § 1(Exh. A), 1-24-95)

24-186 - Wireless communication facilities in the C-F (Commercial Forestry) Zone.

Notwithstanding anything to the contrary in section 24-185, wireless communication facilities are not allowed in the C-F (Commercial Forestry) zone unless a permit is obtained, subject to the requirements of section 24-262.

(Ord. No. 3569, § 20, 12-7-99)

24-187—24-189 - Reserved.

24-190 - TM-1 through TM-160 (Timber Mountain) Zones.

The following permitted uses, uses requiring a use permit, and uses requiring an administrative permit shall apply to all zones TM-1 through TM-160. Site requirements for each zone will be listed separately.

(a)

Uses permitted:

(1)

One (1) single-family dwelling or modular home per parcel.

(2)

Management, raising, harvesting and removal of trees, shrubs, seedlings, flowers, herbs and all food crops for human or animal consumption.

(3)

Prospecting, claiming, drilling, mining, excavating and dredging of mineral, hydrocarbon and geothermal resources, and exploratory seismology testing, subject to the requirements of chapter 13 of the Butte County Code and except as limited in subsection (c) of this section.

(4)

Protection of land and forests from fire, erosion, floods, slides, quakes, insects, diseases and pollution, including arboretums and natural wilderness, experimental and study areas.

(5)

The erection, construction, alteration or maintenance of gas, electric, water or communication transmission facilities, including hydro generating projects of five (5) megawatts or less.

(6)

The use of a single-family residence as a small family day care home, licensed family care home, foster home, or group home for mentally disordered or otherwise handicapped persons or neglected children. Said homes shall serve six (6) or fewer persons and shall be subject to all applicable state regulations and limitations.

(b)

Accessory uses:

(1)

Those uses and structures normally associated with a single-family residence and are in conjunction with or incidental to the residential use, including but not limited to a garage, workshop, shed, garden, private swimming pool, private tennis court, gazebo, spa, etc.

(2)

A guest house as defined by section 24-305.175.

(3)

A second dwelling unit as defined by section 24-280

(4)

Keeping and raising small animals for domestic use, including dogs, cats and household pets, poultry and other birds, bees, fish and frogs.

(c)

Uses requiring use permits. The following uses are permitted subject to first a use permit:

(1)

Residential uses other than one (1) single-family dwelling per parcel, including labor camps, commercial guest lodging, group quarters or dwelling units at greater densities.

(2)

Commercial wood processing plants.

(3)

Kennels and animal hospitals.

(4)

Commercial livestock feed yards.

(5)

Animal product processing plants.

(6)

Mining, quarrying and excavating activities which might be objectionable by reason of noise, odor, smoke, dust, bright light, vibration, stream pollution or handling of explosives or dangerous materials.

(7)

Commercial boat ramps, docks and landing facilities.

(8)

Aircraft landing facilities.

(9)

Disposal areas and sewage treatment facilities.

(10)

Public and quasi-public uses.

(11)

Private or commercial outdoor recreation facilities on sites of not less than five (5) acres, including country clubs, golf courses, riding academies and stables, hunting and fishing camps and other clubs, and gun clubs and ranges.

(12)

Public tasting rooms in conjunction with a winery on sites not less than five (5) acres, provided that such tasting room must be accessory to the on-site winery.

(d)

Uses requiring a minor use permit. The following uses may be permitted subject to the requirements of section 24-41

(1)

Large family day care facilities subject to the requirements of section 24-265

(e)

Uses requiring an administrative permit. The following uses may be permitted subject to the requirements of section 24-40

(1)

Home occupations subject to the requirements of section 24-270

(2)

Temporary uses as listed in section 24-300

(3)

A temporary mobile home subject to the requirements of sections 24-295 and 24-295.10

(Ord. No. 3176, § 1(Exh. A), 1-24-95; Ord. No. 3321, § 9, 2-11-97; Ord. No. 3906, § 2, 3-22-2005)

24-190.10 - TM-1 through TM-160 site requirements.

(a)

Areas and setbacks listed in the following table are minimum requirements unless otherwise stated or provided for in subsection (b) of this section.

* Front yard setback: Minimum front yard setback shall be twenty (20) feet from the edge of the ultimate right-of-way from all public or private roads except where the road is classified as a federal aid road, in which case the setback shall be twenty-five (25) feet from the edge of the ultimate right-of-way.

(b)

Flexible lot size provisions. In the TM-1 through TM-160 zone districts land divisions may be designed and processed in accordance with the flexible lot size provisions of section 24-82. In such instances, the site requirements described for this zoning district shall not apply. Land division applications proposing to use the provisions of section 24-82, shall be so identified.

(Ord. No. 3176, § 1(Exh. A), 1-24-95; Ord. No. 3560, § 7, 10-12-99)

24-191 - Wireless communication facilities in TM-1 through TM-160 (Timber Mountain) Zones.

Notwithstanding anything to the contrary in section 24-190, wireless communication facilities are not allowed in the TM-1 through TM-160 (Timber Mountain) Zones unless a permit is obtained, subject to the requirements of section 24-262.

(Ord. No. 3569, § 21, 12-7-99)

24-192—24-194 - Reserved.

24-195 - TPZ-160 (Timber Preserve) Zone.

(a)

Uses permitted:

(1)

Compatible uses, which are any uses that do not significantly detract from the use of the property for, or inhibit, growing and harvesting timber, and shall include, but not be limited to, the following, unless in a specific instance such a use would be contrary to the preceding definition of compatible use:

a.

Housing units that would be compatible to timber uses.

b.

Management for watershed.

c.

Management for fish and wildlife habitat or hunting and fishing.

d.

A use integrally related to the growing, harvesting and processing of forest products, including but not limited to roads, log landings and log storage areas.

e.

The erection, construction, alteration or maintenance of gas, electric, water or communication transmission facilities, small hydro generating projects of five (5) megawatts or less, exploratory seismology testing.

f.

Grazing.

g.

Mining, or any use integrally related thereto.

(2)

Reserved.

(b)

Lot area. The minimum lot area for inclusion in the timber preserve zoning district shall not be less than one hundred sixty (160) acres and must consist of contiguous parcels, contiguous meaning two (2) or more parcels of land that are adjoining or neighboring or are sufficiently near to each other as determined by the board of supervisors that they are manageable as a single forest unit. Such parcels must be capable of growing an average annual volume of wood fiber as determined by the county assessor at least fifteen (15) cubic feet per acre.

(c)

Inclusion standards. The parcel or parcels to be included in the timber preserve zoning district shall comply with the following criteria:

(1)

A map shall be prepared, showing the legal description and assessor's parcel number of the property desired to be zoned.

(2)

A plan for forest management must be prepared or approved, as to content, for the property by a registered professional forester. Such plan shall provide for the eventual harvest of timber within a reasonable period of time, as determined by the preparer of the plan.

(3)

The parcel shall meet the timber stocking standards set forth in section 4561 of the Public Resources Code and the forest practice rules adopted by the state board of forestry for the district in which the parcel is located, or the owner must sign an agreement with the board of supervisors to meet such stocking standards and forest practice rules by the fifth anniversary of the signing of such agreement. Upon the fifth anniversary of the signing of such agreement, the board of supervisors shall determine whether the parcel meets the timber stocking standards in effect on the date the agreement was signed. If the parcel fails to meet the timber stocking standards, the board of supervisors shall immediately rezone the parcel and specify a new zone for such parcel which is in conformance with the county general plan and whose primary use is other than timberland.

(4)

The parcel shall be privately owned land, or land acquired for state forest purposes, which is devoted to and used for growing and harvesting timber, or for growing and harvesting timber and compatible uses, and which is capable of growing an average annual volume of wood fiber of at least fifteen (15) cubic feet per acre.

(5)

The parcels shall be in compliance with the compatible uses as set forth in subsection (a) of this section.

(6)

The land shall be of site quality IV or better, as described in section 434.5 of the Revenue and Taxation Code, for purposes of valuation.

(d)

Addition. Notwithstanding subsection (b) of this section, recently acquired land may be added to an existing timber preserve zoning district regardless of the parcel size if the addition is under the same ownership and is capable of growing fifteen (15) cubic feet per acre of wood fiber.

(e)

Size of parcels. Parcels zoned as "TPZ" timber preserve zoning district may not be divided into parcels less than one hundred sixty (160) acres unless owners of resulting parcels submit a joint timber management plan prepared by or approved as to content by a registered professional forester, and such owners enter into a binding contract with the board of supervisors to manage and harvest timber on the timberland jointly, and are bound by the provisions of such management plan for a minimum of ten (10) years.

(f)

Front yard required. Minimum required front building setback shall be not less than fifty (50) feet from the center line of the road, except where the road is classified by the county as a federal aid secondary road, in which case the minimum required front building setback shall not be less than fifty-five (55) feet from the centerline of the road.

(g)

Side yard required. Minimum required side building setback shall be not less than twenty-five (25) feet.

(h)

Rear yard required. Minimum required rear building setback shall be not less than fifty (50) feet.

(Ord. No. 3176, § 1(Exh. A), 1-24-95)

24-196 - Wireless communication facilities in the TPZ-160 (Timber Preserve) Zone.

Notwithstanding anything to the contrary in section 24-195, wireless communication facilities are not allowed in the TPZ- 160 (Timber Preserve) Zone unless a permit is obtained, subject to the requirements of section 24-262.

(Ord. No. 3569, § 22, 12-7-99)

24-197—24-199 - Reserved.

Special Zones

24-200 - A-Z (Airport) Zone.

(a)

Purpose. It is hereby declared that the purpose and intent of this chapter is to further the public interest and aeronautical progress by providing protection, promotion, and development of aeronautics so as to grant to the planning commission such powers and impose upon it such duties that the commission may properly perform its functions relative to aeronautics and effectively exercise its jurisdiction over persons and property associated with aeronautic activities and land uses, and by providing for cooperation with federal and state system of civil aviation and for coordination of aeronautical activities of those authorities by eliminating costly and unnecessary land use regulations and eliminating costly and unnecessary land use regulations and controls.

(b)

Definitions. For the purpose of this section, the following words and phrases shall have the meanings respectively ascribed to them:

(1)

The term "aeronautics" means the art and science of flight of aircraft of all types, aviation, the operation, navigation, maintenance, construction of aircraft and all component parts thereof; and includes air navigation aids, such as lighting, markings, radio, ground to aircraft, aircraft to ground, aircraft to aircraft, and related communications; navigation and piloting; and air crew and air passenger facilities; and also includes airports and airstrips and the design, construction, repair or maintenance of all or any part thereof and improvements thereto; and the dissemination of information and instruction pertaining to all of the foregoing.

(2)

The term "airport" means any area of land or water, whether of public or private ownership, designed and set aside for the landing and taking off of aircraft and utilized or to be utilized in the interest of the public for such purposes.

(3)

The term "aircraft" means any contrivance now known or hereafter invented which is intended, used or designed for flight in the air.

(4)

The term "compatible land use" means a use of land that does not endanger the health, safety, or welfare of the owners, occupants, or users of the land because of levels of noise or vibrations or because of the risk of personal injury or property damage created by the operations of the airport, including the taking off and landing of aircraft.

(c)

Uses permitted. All activities and land uses which because of their direct relationship to the operation of an aircraft can appropriately be regarded as an "aeronautical activity" which include the following:

(1)

One (1) caretaker residential dwelling.

(2)

Unscheduled air carrier and facilities.

(3)

Charter operations.

(4)

Pilot training.

(5)

Aircraft rental and sightseeing.

(6)

Aerial photography.

(7)

Aerial advertising and surveying.

(8)

Aircraft sales and service.

(9)

Aircraft storage.

(10)

Sale of aviation petroleum products. Storage and dispensing must meet Environmental Health, California Department of Forestry (CDF), and Vehicle Code requirements.

(11)

Aircraft repair, restoration, and maintenance.

(12)

Sale of aircraft parts.

(13)

Unscheduled air cargo carriers.

(14)

Pilot lounges and airport offices.

(15)

Blast fences.

(16)

Runways, aprons, taxiway, navigational aids, obstruction lights except as related to expansion of the operation or lengthening of runways.

(17)

Airport support facilities including, but not limited to, public buildings, FAA control tower, hangers, fire training facilities, and flight service station.

(18)

Airport parking facilities.

(19)

Communication equipment and facilities associated with airport operations.

(20)

Rental car operations and facilities.

(d)

Uses requiring use permits. The following uses are permitted subject to first a use permit:

(1)

Commercial and professional offices.

(2)

Retail commercial.

(3)

Restaurants, hotels, motels, barber shops, recreational facilities and any other commodities, services or accommodations made available to the general public.

(4)

Utility buildings not directly associated with aeronautical activities.

(5)

Banking service centers.

(6)

Manufacturing and light industrial.

(7)

Warehousing, mini storage, and distribution facilities.

(8)

Other compatible land uses as approved by the planning commission.

(9)

Crop dusting.

(10)

Aircraft development and research.

(11)

Bus terminals, ramps, shelters, and other buildings associated with transit and taxi services.

(12)

Baggage claim facilities.

(13)

Scheduled air carriers and facilities.

(14)

Scheduled air cargo carriers and facilities.

(15)

Runway expansion.

(e)

Development standards. Unless otherwise specified in an approval use permit the following minimum development standards shall be as follows:

(1)

Operating performance standards. Performance standards prohibiting nuisance on account of fire, noise, vibration, shock, explosives, heat, glare, smoke, dust, odor, wastes, electronic interferences and the like shall apply to all conditional uses.

(2)

Lighting. The design and location of exterior lighting should be required to comply in all respects to standards established by the Federal Aviation Administration, or the California Department of Transportation, Division of Aeronautics, with respect to height, type, and placement of lighting standards on the airport.

(3)

Signs. Signs shall be limited to those identifying uses conducted on the airport site. Outdoor advertising signs, billboards, or flashing lighting signs shall be prohibited within the airport zone.

(4)

Automobile parking. All automobile parking shall be required to be off-street. Off-street parking provisions of Butte County Code section 24-240 shall apply. All off-street parking areas shall be paved.

(5)

Building and development standards. All buildings shall be constructed and designed in such a manner to restrict the indoor noise levels to less than forty-five (45) decibels during aircraft operation.

(6)

Storage. All storage, except for automobiles and aircraft, shall be required to be within buildings or within enclosures. Storage of aircraft parts, service equipment, or similar items shall be expressly prohibited outside the buildings or storage enclosure.

(7)

Minimum zoning requirements for airport zones. Proposed sites for airport zoning where no airport is in existence shall demonstrate it can meet all the permitting requirements of the California Department of Transportation, Division of Aeronautics.

(Ord. No. 3176, § 1(Exh. A), 1-24-95)

24-201 - Wireless communication facilities in the A-Z (Airport) Zone.

Notwithstanding anything to the contrary in section 24-200, wireless communication facilities are not allowed in the A-Z (Airport) Zone unless a permit is obtained, subject to the requirements of section 24-262.

(Ord. No. 3569, § 23, 12-7-99)

24-202—24-204 - Reserved.

24-205 - MHP (Mobile Home Park) Zone.

(a)

Uses permitted. The following uses are permitted subject to securing an approval by the planning department of a master development plan:

(1)

Principal uses:

a.

Mobile homes containing not less than five hundred (500) square feet of gross area.

b.

Reserved.

(2)

Accessory uses. Subject to appropriate conditions, the following accessory uses may be approved, as a part of the master development plan, in any mobile home park:

a.

Management office and maintenance equipment storage.

b.

Coin-operated laundry and dry cleaning facilities, for residents only.

c.

Vending machines, for residents only.

d.

Noncommercial recreation, meeting halls, clubhouses, swimming pools, etc.

e.

Storage facilities, for residents only

f.

Chapel.

g.

Car washing facilities, for residents only.

h.

Other uses which are clearly incidental and subordinate to the principal use.

(b)

Uses requiring an administrative permit. The following uses may be permitted subject to the requirements of section 24-40

(1)

Home occupations subject to the requirements of section 24-270

(2)

Temporary uses as listed in section 24-300

(c)

Standards for mobile homes and accessory uses:

(1)

Minimum site area. Ten (10) contiguous acres.

(2)

Maximum density. The density, determined by the master development plan approval, shall not exceed the following: Ten (10) mobile homes of seven hundred fifty (750) square feet in gross area per acre, or a combination thereof.

(3)

Preoccupancy requirements. Prior to occupancy of the first mobile home, not less than fifty (50) mobile home lots shall be prepared and available for occupancy.

(4)

Parking requirements. The overall parking ratio shall be two (2) parking spaces (ten (10) feet x twenty (20) feet) per mobile home lot. At least one (1) parking space shall be provided on or immediately adjacent to each mobile home lot.

(5)

Building lines. All structures and mobile homes shall have a setback of at least twenty-five (25) feet from all property lines and any street or road right-of-way and adjoining the mobile home park. The setback area shall be landscaped and maintained as a buffer strip, and in all cases the setback area shall be in conformity with Butte County Code, chapter 10, article II.

(6)

Signs. Each mobile home park shall have a bulletin board for the listing of each mobile home site and the name of the occupant thereof. The bulletin board shall be located outside the office and shall be lighted at night.

Adequate signs and markings indicating directions, parking areas, recreation areas and street names shall be established and maintained in the mobile home park. Such signs shall not exceed six (6) square feet in area.

Signs or nameplates not exceeding two (2) square feet in area and displaying the name and address only of the occupant of the mobile home may be erected at each mobile home site.

Signs which identify or advertise the mobile home park may be erected if approved by the planning division in its action on the master development plan for the mobile home park. Such signs must be located on the premises and shall be not more than one hundred twenty (120) square feet in area. They shall not be animated or illuminated except by indirect nonflashing light.

(7)

Utilities. All utilities shall be installed underground.

(d)

Property development standards. The following development standards shall apply to the individual mobile home sites. Plans and elevations for the mobile home park shall be submitted along with other construction plans with the master development plan for a mobile home park, and shall be subject to review and change upon recommendation of the planning division.

(1)

Mobile home site area. The mobile home sites in a mobile home park shall average three thousand (3,000) square feet in area, but no site shall be smaller than two thousand seven hundred (2,700) square feet.

(2)

Mobile home site width. Each mobile home site designed for a single mobile home shall be of an average width of forty-two (42) feet. Sites designed for a double width or larger shall be of an average width of thirty (30) feet plus the width of the mobile home, unless it can be shown that adequate space for a patio, parking and side yards will be assured, despite a site of less width.

(3)

Mobile home site frontage. Each mobile home site shall abut directly upon a mobile home park street for a minimum distance of thirty (30) feet.

(4)

Population density. Not more than one (1) single-family mobile home may be placed on a mobile home site.

(5)

Landscaping. The following landscaping provisions shall apply in all mobile home parks:

a.

All open spaces except driveways, parking areas, walkways, utility areas, improved decks, patios, or porches shall be maintained with landscaping.

b.

Reserved.

(e)

Special development standards:

(1)

Walls and fences. Walls and fences on individual mobile home sites shall not exceed two (2) feet in height. Walls or fences shall be erected around the perimeter of each mobile home park as may be required by the planning division. The height, construction and type of material for such perimeter walls or fences shall be as specified by the planning division.

(2)

Mobile home park streets. Mobile home park streets shall be provided in such a pattern as to provide convenient traffic circulation within the mobile home park. They shall be constructed to the following standards:

a.

All mobile home park streets shall have a width of not less than thirty (30) feet including curbs.

b.

There shall be concrete rolled curbs on each side of the streets.

c.

The mobile home park streets shall be paved in conformity to Butte County standards.

d.

The mobile home park streets shall have adequate lighting.

e.

Drainage facilities and encroachment to public roads shall be in conformity with the Butte County department of public works standards.

(f)

Recreation areas. A central recreation area shall be established in each mobile home park created pursuant to the provisions of this article. The size of such area shall be at least two hundred (200) square feet per mobile home site. The recreation area may contain community clubhouses, swimming pools, shuffleboard courts and similar facilities. The planning division may permit decentralization of the recreational facilities in accordance with principles of good planning provided that the total recreation area meets the above-stated minimum size.

(g)

Mobile home park office. Every mobile home park shall include a permanent building for office use. Such building may include a single-family dwelling for the exclusive use of the owner or manager.

(h)

Laundry rooms. Every mobile home park shall have one (1) or more laundry rooms. Laundry drying lines shall not be permitted on any mobile home site.

(i)

Mail boxes provided. Each mobile home site shall be equipped with a receptacle for mail deliveries in accordance with acceptable standards of the United States post office department.

(j)

Telephones. The mobile home park shall contain at least one (1) public telephone for the use of park residents.

(k)

Storage areas. Areas used for storage of travel trailers, boats and other such items may be established in a mobile home park provided they are adequately screened from public view.

(l)

Utilities. All utility distribution facilities, including television antenna service lines serving individual mobile home sites shall be placed underground. The owner is responsible for complying with the requirements of this section and he shall make the necessary arrangements with each of the serving utilities for the installation of such facilities. Transformers, terminal boxes, meter cabinets, pedestals, concealed ducts and other facilities necessary and appurtenant to such underground facilities shall be installed in conformance with specifications of the State of California Department of Housing and Community Development, Division of Building and Housing Standards.

(m)

Community television antenna. Individual rooftop or outdoor television antennas shall not be permitted in a mobile home park. One (1) single television antenna for community service may be situated within the mobile home park.

(n)

Dogs and animals. Dogs and other household pets shall not be permitted to run at large in any mobile home park. Bird aviaries, poultry and other barnyard animals shall not be permitted in any mobile home park.

(o)

Transient spaces. Not more than ten (10) percent of the mobile home sites may be used for transient mobile home sites. Sites reserved to transient mobile homes shall be so designated on the plans submitted with the master development plan. The site, yard and property development standards of this classification shall fully apply to sites reserved for transient mobile homes. Mobile homes which are smaller than specified in section 24-205(a)(1)a. may occupy such designated transient mobile home site for a period of up to ninety (90) days.

(Ord. No. 3176, § 1(Exh. A), 1-24-95)

24-206 - Wireless communication facilities in the MHP (Mobile Home Park) Zone.

Notwithstanding anything to the contrary in section 24-205, wireless communication facilities are not allowed in the MHP (Mobile Home Park) Zone unless a permit is obtained, subject to the requirements of section 24-262.

(Ord. No. 3569, § 24, 12-7-99)

24-207—24-209 - Reserved.

24-210 - PUD (Planned Unit Development) Zone.

(a)

Purpose. The purpose of the Planned Unit Development (PUD) Zone is to allow diversification in the relationship of various uses, buildings, structures, lot sizes and open spaces, to encourage and take advantage of opportunities for more integrated, flexible and superior design than is available through the application of conventional regulation which anticipates individual lot development. It is the intent of this zone to provide a flexible means to implement the goals, policies and programs of the Butte County general plan while ensuring the provision of adequate standards to protect the public health, safety and general welfare. It is also the purpose of this zone to encourage innovative, high-quality design, efficient use of land and modern site planning for residential, agriculture, commercial and industrial purposes.

(b)

Adoption and use limitations. A planned unit development (PUD) zone shall be established by the adoption of an ordinance by the board of supervisors rezoning the property to the Planned Unit Development Zone and adopted by reference a land use and development plan, the provisions of which, together with any other provisions which in the opinion of the board of supervisors are necessary and included in the ordinance, shall constitute the regulations for the use, improvement and maintenance of the property within the boundaries of the zone. Except as hereinafter provided, no use, building, structure or parcel may be made, created or otherwise altered except as it complies with the ordinance adopted pursuant to this chapter.

(c)

Land use density area. The residential land use density of any planned unit development zone shall not exceed that allowed by the Butte County general plan designation for the proposed site.

(d)

Preapplication conference. Before filing any application for planned unit development zoning, the prospective applicant is encouraged to submit to the planning division preliminary plans, sketches and basic site information for consideration and advice as to the relationship of the proposed development to the applicable general and specific plans and policies. Other departments and agencies with responsibilities for review, comment or other regulation of the proposed development may participate at the discretion of the director of development services, and with the participation of appropriate responsible agencies, pursuant to section 210800.3 of the Public Resources Code and section 15066 of the California Environmental Quality Act (CEQA) Guidelines.

(e)

Development criteria. In addition to the criteria listed on the attached sheet [of Ordinance No. 3176], the following items are required:

(1)

Each PUD shall, as a minimum, provide off-street parking in accordance with chapter 24, off-street parking. Additional parking equal to fifty (50) percent of the required spaces shall be provided unless modified by the director of development services or planning commission.

(2)

In residential PUDs plans shall provide that not less than twenty-five (25) percent of the residential portion of the project shall be utilized for purposes other than residential dwellings and paved areas for vehicular uses. No less than forty-five (45) percent of such twenty-five (25) percent shall be utilized for recreation or park areas available for use by all residents. The same criteria for open space area shall apply to agricultural PUDs which may or may not include residential uses.

(3)

Each industrial or commercial PUD shall provide that not less than ten (10) percent of the project shall be developed as landscaped areas.

(4)

Each PUD shall obtain tentative clearance from the Butte County health division, division of environmental health, for sewage disposal and water supply for the project at the density proposed. Soil tests, drilling of test wells or geologic reports are among the steps that may be required to provide evidence of sewage disposal capability and water availability for domestic use. Minimum lot areas for septic systems must comply with section 20-120.1 of the Butte County subdivision ordinance and appendix VII of the improvement standards for subdivisions.

(f)

Applying for a rezone to PUD. The planned unit development is intended to allow diversification in the relationship of various uses, buildings, structures, lot sizes and open spaces while ensuring substantial compliance with the general plan and the intent of the County Code in requiring adequate standards necessary to satisfy the requirements of public health, safety and general welfare.

Each application for a rezone to PUD shall include:

(1)

A completed rezoning application form.

(2)

A completed environmental information appendix "E" form.

(3)

Copies, as specified in the rezone application, of a preliminary development plan and a reproducible master, the plan should be drawn to scale and indicate:

a.

Proposed use(s) of all land in the subject area;

b.

Existing natural land features and topography of the subject area;

c.

Circulation plan for all vehicular and pedestrian ways, including typical section of roadways;

d.

Metes and bounds of the subject property;

e.

Location and dimensions of all existing structures;

f.

Locations of landscaping, parking areas, fire hydrants, street lighting, typical proposed structures, sewage disposal and water supply systems;

g.

Preliminary grading for the development.

(4)

A title report which includes a written legal description of the subject area, that report to be not more than six (6) months old.

(5)

A preliminary report on provisions for and location of storm drainage, sewage disposal and public utilities.

(6)

A statement which describes the organization of any proposed homeowners' association, listing the intended covenants, conditions and restrictions.

(7)

A statement from the applicant explaining how the proposed development conforms to, and is consistent with, the general plan.

(8)

Include a statement that describes the intended height and bulk of the structures and their relationship to the surrounding areas.

(9)

A statement concerning any proposed phasing of the project, indicating the sequence and timing of each phase and how each unit would independently constitute reasonable and orderly development of the area. Additional information may be required by the planning commission or board of supervisors at the time of any public hearing.

(g)

Application. Any application for rezoning to planned unit development shall be accompanied by a proposed development plan to be reviewed for tentative map approval pursuant to chapter 20 of the Butte County Code. All applicable fees will be submitted as part of the application. Such fees will include those required for a tentative subdivision map application. As to form and content, the proposed development plan map and the review process shall conform to the requirements of this Code for a tentative map. The director of development services shall set the application for hearings as in the case of other rezoning and tentative map applications. After reviewing the recommendations from the planning commission, the board of supervisors will approve/deny the tentative map at the same hearing as the PUD rezone is approved/denied.

(Ord. 3850, § 13, 4-22-03: Ord. No. 3176, § 1(Exh. A), 1-24-95; Ord. No. 3906, § 2, 3-22-2005)

24-211—24-214 - Reserved.

24-215 - P-Q (Public, Quasi-public) Zone.

(a)

Uses permitted:

(1)

Public schools.

(2)

Public parks.

(3)

Public playgrounds.

(4)

Publicly owned buildings and land.

(5)

Public recreational areas.

(6)

Public hospitals.

(7)

Other public uses as defined in Chapter 24. (b) Uses requiring use permits. The following uses require a use permit subject to the requirements of section 24-45 et seq.

(1)

Quasi-public uses as defined in section 24-305.450.

(2)

Reserved.

(c)

Uses requiring an administrative permit. The following uses may be permitted subject to the requirements of section 24-40

(1)

Reverse vending machines and small collection recycling facilities pursuant to section 24-275

(2)

Reserved.

(d)

Minimum lot area and width. There is no lot area minimum nor lot width minimum except as may be required for the building and parking and that area required to meet the sewage disposal requirements of chapters 19 and 20 of the Butte County Code.

(e)

Minimum side and rear yard. None, except where the side of a lot abuts upon the side of a lot that is zoned to allow a residential use, in which case the abutting side yard shall be not less than five (5) feet, and except where the side yard on the street side of a corner lot abuts, in which case the side yard on the street side shall be one-half (½) the corresponding front yard required in such residential district. The side yard requirements for residential dwellings shall conform to the requirements of section 24-75

(f)

Minimum front yard. Minimum front yard setback shall be twenty (20) feet from the edge of the ultimate right-of-way from all public or private roads except where the road is classified as a federal aid road, in which case the setback shall be twenty-five (25) feet from the edge of the ultimate right-of-way.

(Ord. No. 3176, § 1(Exh. A), 1-24-95)

24-216 - Wireless communication facilities in the P-Q (Public, Quasi-Public) Zone.

Notwithstanding anything to the contrary in section 24-215, wireless communication facilities are not allowed in the P-Q (Public, Quasi-Public) Zone unless a permit is obtained, subject to the requirements of section 24-262.

(Ord. No. 3569, § 25, 12-7-99)

24-217—24-219 - Reserved.

24-220 - R-C (Resource Conservation) Zone.

(a)

Uses permitted:

(1)

Natural, wilderness and study areas.

(2)

Preserves for native fish, birds and wildlife.

(3)

Preservation of water resource areas, including streams, rivers, lakes, swamps, ponds, beaches, riverbanks, lakeshores and watershed areas.

(4)

Agricultural uses, not including permanent dwellings.

(5)

Keeping, raising and pasturing of livestock, not including feed yards.

(6)

Establishment of archaeological and historical sites.

(7)

Recreational uses not requiring permanent improvement, including hunting, fishing, camping, hiking, riding and similar uses.

(8)

Emergency uses needed for the protection of land and resources from fire, erosion, floods, slides, quakes, insects, diseases and pollution.

(b)

Uses requiring a use permit:

(1)

Preserves for nonnative wildlife species.

(2)

Establishment of rest stops, vista points, and bicycle, pedestrian and equestrian trails, not including commercial sales and services.

(3)

Exploration and reconstruction of historical and archaeological sites and structures.

(4)

Permanent improvements needed for the protection of land and resources from fire, erosion, floods, slides, quakes, insects, diseases and pollution.

(5)

Stations to monitor air quality, water quality and seismic activities.

(6)

Mining and quarrying. This permit does not exclude any other permits as required by other regulatory agencies or from review by said agencies.

(c)

Uses requiring an administrative permit. The following uses may be permitted subject to the requirements of section 24-40

(1)

Temporary uses as listed in section 24-300

(2)

Reserved.

(d)

Lot area required. Minimum lot area shall be ten (10) acres.

(e)

Front building setback. Minimum front building setback for structures shall be one hundred (100) feet from the center line of the road.

(f)

Sign regulations:

(1)

Signs or advertising displays shall be limited to one (1) sign per lot advertising the sale or lease of that lot or the services rendered on the lot or the products grown or raised on the lot, and one (1) sign advertising sales or services off the premises.

(2)

Signs to guide traffic to registered historical landmarks are also permitted if they are installed in accordance with the planning manual of Instructions of the Department of Transportation of the State of California.

(3)

Signs must be stationary and of a constant color, light and intensity.

(4)

Signs must not be higher than ten (10) feet above grade and must not be wider than six (6) feet.

(5)

All signs must be located behind the front setback line.

(g)

Side and rear setbacks. Minimum side and rear building setbacks shall be ten (10) feet from property lines.

(Ord. No. 3176, § 1(Exh. A), 1-24-95)

24-221 - Wireless communication facilities in the R-C (Resource Conservation) Zone.

Notwithstanding anything to the contrary in section 24-220, wireless communication facilities are not allowed in the R-C (Resource Conservation) Zone unless a permit is obtained, subject to the requirements of section 24-262.

(Ord. No. 3569, § 26, 12-7-99)

24-222 - Reserved.

24-223 - Sports and Entertainment Zone.

(a)

Purpose. This zone classification is intended to be applied to property designated as Sports/Entertainment pursuant to the Field of Dreams Sports and Entertainment Measure, which can be used for, or proposed to be used for, a sports facility including an amphitheater, theater, a golf course, commercial uses (including but limited to commercial uses related to the sports facility) hotel, RV park and water park.

(b)

Permitted uses. The following uses and structures shall be permitted in the "Sports/Entertainment Zone".

(1)

An amphitheater or theater entertainment facility for the performance of concerts or other entertainment events, including charity bingo.

(1a)

Open air entertainment facility.

(2)

Equestrian and rodeo events, golf course, athletic fields and other sports facilities, including a water park.

(3)

Restaurants, food service, and hotel and lodging facilities and RV park.

(4)

Facilities which may be required or desirable to provide services to a sports center and amphitheater, including water supply, water treatment and disposal.

(5)

Uses and structures which are incidental or accessory to the permitted uses.

(6)

Two (2) freestanding billboards not to exceed forty (40) feet by thirty (30) feet each.

(c)

Development standards and requirements. The following development standards and requirements shall be fulfilled in connection with the construction of a sports complex and amphitheater in the "sports/entertainment" zone:

(1)

All structures on the site shall be required to comply with all applicable federal, state, and local laws, ordinances, and regulations.

(2)

A water system for public uses and sewage treatment and disposal system shall be constructed in compliance with applicable standards.

(3)

All interior roadways shall be private roads, the installation and maintenance of such shall not be borne by the county or any other public agency. By the same token, the construction thereof need not be pursuant to county standards.

(4)

Access to the site from the state highway shall be pursuant to the requirements of Cal Trans.

(5)

At least thirty (30) days prior to the first event at the amphitheater facility, a traffic control and security plan shall be prepared in coordination with the Butte County Sheriff, the Butte County Office of Emergency Services, the California Highway Patrol, the Butte County Agricultural Commissioner, and the Butte County Fire Marshall. This plan shall address such elements as satellite parking facilities, shuttle bus usage and routes, information brochures, emergency services access, employee ride share during major events, avoidance of conflicts with agricultural operations, and the security and safety for spectators, visitors and employees, including fire and police protection, costs of which shall be borne by the owner(s) of the facility. The plan shall be updated at least every two (2) years in coordination with the same agencies.

(6)

If evidence of subsurface archaeological resources is found during construction, excavation in the vicinity of the find shall cease, a professional archaeologist shall conduct an evaluation in accordance with state and federal laws and regulations, and the find shall be documented or preserved to the extent required by applicable laws and regulations.

(Ord. No. 3570, § 4.B, 12-7-99)

24-224 - Reserved.

24-225 - S-H (Scenic Highway) Zone.

(a)

Uses permitted:

(1)

Lawful uses of land established at the time a district was originally zoned S-H.

(2)

One (1) residential dwelling or modular home per parcel.

(3)

The use of a single-family residence as a small family day care home, licensed family care home, foster home, or group home for mentally disordered or otherwise handicapped persons or neglected children. Said homes shall serve six (6) or fewer persons and shall be subject to all applicable state regulations and limitations.

(b)

Accessory uses:

(1)

Those uses and structures normally associated with a single-family residential use and are in conjunction with or incidental to the residential use, including, but not limited to a garage, workshop, garden, private swimming pool, private tennis court, gazebo, spa, etc.;

(2)

A guest house as defined by section 24-305.175;

(3)

A second dwelling unit pursuant to section 24-280

(4)

Household pets, but not including livestock, poultry or poisonous reptiles;

(5)

Agricultural uses and buildings.

(c)

Uses requiring use permits. The following uses are permitted subject to a use permit:

(1)

Schools (including private, vocational, or craft schools), public and quasi-public uses, roadside stands for the sale of produce from the land fronting the highway within the district; and

(2)

Highway services primarily for the convenience of the traveling public and including:

a.

Gasoline service stations,

b.

Restaurants,

c.

Motels and trailer courts,

d.

Public and quasi-public buildings and professional buildings.

(d)

Uses requiring a minor use permit. The following uses may be permitted subject to the requirements of section 24-41

(1)

Large family day care facilities subject to the requirements of section 24-265

(e)

Uses requiring an administrative permit. The following uses may be permitted subject to the requirements of section 24-40

(1)

Home occupations subject to the requirements of section 24-270

(2)

Temporary uses as listed in section 24-300

(3)

A temporary mobile home subject to the requirements of sections 24-295 and 24-295.10

(f)

Site Development Standards.

(1)

In instances in which any commercially zoned property abuts residentially zoned property the standards as it pertains to allowable signs shall be that of the N-C (Neighborhood Commercial) zoning district.

(2)

No signs, billboards or advertising displays shall be erected within the district except signs advertising only the sale or lease of land upon which the sign is placed, or the products grown or raised upon such property, and established or permitted uses on such property except the following:

(3)

Directional signs are permitted in advance of an entrance to a frontage road or intersection where businesses that serve the highway users (i.e., phones, roadside businesses, hospitals, motels, rest areas, campgrounds and next services) are available and installed in accordance with State of California Division of Highways Planning Manual of Instructions.

(4)

Historical landmark signs are permitted in advance of an entrance to a frontage road or intersection with the most direct access road to guide traffic to a registered landmark and installed in accordance with State of California Division of Highways Planning Manual of Instructions.

(5)

Use Permit approval must be obtained by applicants prior to installation of any proposed freestanding pole sign.

(g)

Site requirements. The provisions of section 24-75 shall apply.

(Ord. No. 3176, § 1(Exh. A), 1-24-95; Ord. No. 3321, § 8, 2-11-97; Ord. No. 3905, § 1 (part), 3-22-2005; Ord. No. 3906, § 2, 3-22-2005)

24-226 - Wireless communication facilities in the S-H (Scenic Highway) Zone.

Notwithstanding anything to the contrary in section 24-225, wireless communication facilities are not allowed in the S-H (Scenic Highway) Zone unless a permit is obtained, subject to the requirements of section 24-262.

(Ord. No. 3569, § 27, 12-7-99)

24-227—24-229 - Reserved.

24-230 - U (Unclassified) Zone.

(a)

Purpose and intent. All the unincorporated area of the County of Butte not otherwise zoned by ordinance by the board of supervisors is hereby zoned as a U (unclassified) district, and such district is defined and subject to the following regulations.

(b)

Permitted uses. The following are the principal permitted uses in the U zone:

(1)

Single-family dwelling per parcel and accessory buildings.

(2)

Agricultural uses and buildings.

(3)

Small hydro generating plants of five (5) megawatts or less.

(c)

Accessory uses:

(1)

A second dwelling unit pursuant to section 24-280. Second dwelling units are allowed in those General Plan land use designations where residential is a primary use, i.e., Agricultural Residential, Foothill Area Residential, Low Density Residential, Medium Density Residential and High Density Residential, and the Grazing and Open Land designation unless the land is in an excluded area per section 24-280(b) of the Butte County Code.

(d)

Uses requiring a use permit. The following are conditional uses in a U zone:

(1)

Multiple-family dwellings, including duplexes, subject to the density specified by the general plan. Second dwelling units and temporary second dwellings do not have to meet the general plan density requirements.

(2)

Commercial uses of land or buildings.

(3)

Recreational vehicle parks.

(4)

Campsites.

(5)

Public and quasi-public uses.

(6)

Junkyards, secondhand stores, auto wrecking yards, used car lots, trailer sales and equipment sales.

(7)

Commercial distillation of bones, abattoirs, auction yards, commercial livestock feed yards, commercial millings, canneries, lumber and lumber processing, tanneries, fat rendering, garbage-fed commercial hog raising, food and agriculture product processing plants.

(8)

Country clubs, golf courses, racetracks, drive-ins, ball parks, riding academies, bowling alleys, commercial amusement enterprises, taverns, dance halls and other places of recreation of a similar character.

(9)

Kennels and small animal hospitals and crematories.

(10)

Trailer courts, construction labor camps.

(11)

Commercial airports (excepting individual or private airports and those operated exclusively for agricultural purposes).

(12)

Cemeteries, crematories, mausoleums or other places of the burial or other disposal of the human dead.

(13)

Storage of inflammables (excepting for agricultural purposes).

(14)

Dumping and disposal areas.

(15)

Manufacturing of acids, explosives, fertilizer, glue, gypsum, lime, plaster of paris, pulp and paper, beet sugar, crushed rock, sand and gravel, cement, concrete, and/or asphalt batching plants, concrete and clay products.

(16)

Industrial uses which might be objectionable by reason of emission of noise, offensive odor, smoke, dust, bright light, vibration or involving the handling of explosives or dangerous materials.

(17)

Hydroelectric generating facilities with installed capacity greater than five (5) megawatts.

(e)

Uses requiring a minor use permit. The following uses may be permitted subject to the requirements of section 24-41

(1)

Large family day care facilities subject to the requirements of section 24-265

(f)

Uses requiring an administrative permit. The following uses may be permitted subject to the requirements of section 24-40

(1)

Home occupations subject to the requirements of section 24-270

(2)

Temporary uses as listed in section 24-300

(3)

A temporary mobile home subject to the requirements of sections 24-295 and 24-295.10

(g)

Densities. Residential densities not to exceed the densities as set forth in the Butte County general plan for each specific site.

(h)

Development standards. The minimum requirements shall be those for the type of use involved. For instance, a residential use would adhere to the development standards for the "R" zones and a commercial use would adhere to the development standards for the "C" zones.

(i)

Other standards and requirements. The following additional standards and requirements shall apply in a "U" zone, except where specifically modified for conditional uses:

(1)

Off-street parking and loading shall be provided in conformity with the provisions of section 24-240

(2)

Control on land divisions. Any proposed land division of twenty (20) acres or less must first apply for and obtain specific zoning consistent with the general plan or applicable area or specific plan.

(3)

Flexible lot size provisions. Land divisions may be designed and processed in accordance with the flexible lot size provisions of section 24-82. In such instances, the density allowed shall not exceed that specified by the general plan land use element or one (1) dwelling unit per twenty (20) acres, whichever is less. Land division applications proposing to use the provisions of section 24-82, shall be so identified.

(Ord. No. 3176, § 1(Exh. A), 1-24-95; Ord. No. 3560, § 8, 10-12-99; Ord. No. 3906, § 2, 3-22-2005)

24-231 - Wireless communication facilities in the U (Unclassified) Zone.

Notwithstanding anything to the contrary in section 24-230, wireless communication facilities are not allowed in the U (Unclassified) Zone unless a permit is obtained, subject to the requirements of section 24-262.

(Ord. No. 3569, § 28, 12-7-99)

24-232—24-234 - Reserved.

24-235 - "WP" (Watershed Protection Overlay) Zone.

(a)

Purpose and intent. This district classification is intended to be utilized as an overlay zone which shall be overlaid onto other zoning districts to establish the boundaries of a watershed, and for the following purposes:

(1)

To protect the county's surface and ground water resources.

(2)

To reduce future governmental costs by preserving public water supplies.

(3)

To recognize the essentially public nature of the land and water resources of a watershed, and that their continued vitality is directly related to the social and economic welfare of the county and its communities.

(4)

To protect the public health, safety and welfare by requiring such additional restrictions upon the use of the land as are necessary to retain the natural balance and integrity of a watershed.

(5)

To recognize the uniqueness of each watershed by basing the selection of the most effective measures for their protection upon an evaluation of the soils, climatic conditions, topography, vegetation, drainage patterns, and any other specific conditions unique to the watershed.

(6)

To allow the county or its citizenry to identify watersheds where a natural or man-made imbalance in the environmental system occurs and provide a means for repairing or restoring the natural functions of these watersheds.

(b)

Adoption of policies, procedures and standards:

(1)

In recognition of the unique characteristics of each watershed and the need for individual evaluation, the policies, procedures and standards for each watershed shall be adopted on an individual basis by ordinance in conjunction with adoption of a "WP" Zone for a watershed. The procedure for adopting said policies, procedures, and standards shall be in accordance with sections 24-25.20 through 24-25.45 of this chapter.

(c)

Application:

(1)

The "WP" appearing after a zoning designation on the comprehensive zoning plans indicates that the property so classified is subject to the provisions of this article in addition to those of the underlying district onto which it is overlaid.

(2)

The regulations of the "WP" district specified within this Article and as specified in an ordinance adopting policies, procedures and standards shall prevail over any conflicting regulations of any zoning district onto which the "WP" district is overlaid.

(Ord. No. 3176, § 1(Exh. A), 1-24-95; Ord. No. 3431, § 1, 6-9-98)

24-235.10 - Policies, procedures and standards for the Firhaven Creek, Paradise Reservoir, and Magalia Reservoir watersheds.

(a)

Land use:

(1)

Current lot or parcel sizes in the Firhaven Creek Watershed shall be stringently maintained. No further division of lots or parcels shall be permitted.

(2)

Current zoning shall be maintained within the Magalia Reservoir, Paradise Reservoir and Firhaven Creek Watershed. Consideration of zoning proposals to a larger minimum parcel size is allowed.

(3)

No change in zoning shall be made and no use permit shall be issued unless and until the individual and cumulative impact of additional sewage disposal and surface water runoff created by new development which such zone change or use permit might allow can be proven to the approving authority by the applicant(s) to have no adverse effects upon the water quality of the watershed.

(4)

Notwithstanding the permitting requirements in any zone district which underlies the watershed protection zone, a second dwelling unit pursuant to section 24-280 shall require a use permit within the boundary of the watershed protection zone.

(5)

Notwithstanding the provisions of any zone district which underlies the watershed protection zone, the use of the flexible lot size provisions in section 24-82 shall not be allowed within the boundary of the watershed protection zone.

(b)

Sewage disposal:

(1)

A one hundred (100) foot sewage disposal setback from a perennial stream, a fifty (50) foot setback from an ephemeral stream or drainage way, and a two hundred (200) foot setback from a lake or reservoir shall be strictly enforced for all lots or parcels within the Firhaven Creek, Paradise Reservoir and Magalia Reservoir watersheds regardless of the date the lot or parcel was created.

(2)

Appendix VII of the Butte County Improvements Standards for Subdivisions and Parcel Maps and Site Improvements pursuant to Chapter 20 of the Butte County Code which now applies only to single-family residential lots or parcels created after April 4, 1974, shall also apply to all other development, including multi-family residential, commercial and industrial, on all lots or parcels regardless of date of creation. The gallonage of sewage application shall be pro-rated in proportion to the usable area of the lot or parcel as determined in accordance with Appendix VII, using the Table I value of three hundred fifty (350) gallons/day area requirement.

a.

A variance may be granted, pursuant to section 19-21 of the Butte County Code, only on an existing lot or parcel when special circumstances are applicable to the property involving the soil characteristics, topography or surrounding property characteristics. Variances may be granted only to the usable area requirements of Appendix VII, Table 1. Cumulative effects within the hydrologic basin shall be considered prior to issuance of any variance. In no event shall a variance be granted that would provide less usable area than the requirements of Butte County Code, Chapter 19, section 19-12

b.

An application for a variance shall be made in writing on a form prescribed by the health department. Upon receipt of the application, the health officer together with the manager of the Paradise Irrigation District and the chairman of the water committee of the Upper Ridge Coordinating Council, shall make an investigation to determine whether a variance should be granted. At the conclusion of the investigation, the director of environmental health shall prepare a written order granting or denying the variance, and shall include in such written order specific findings of fact and reasons for its granting or denial.

c.

If the environmental health division of the health department denies the application for variance, the applicant may file an appeal with the state regional water quality control board within ten (10) days after denial. The decision by the state regional water quality control board shall be final.

(c)

Erosion control measures.

(1)

All driveways for new home sites on new or existing lots shall be surfaced with at least two (2) inches of Class 2 aggregate base, unless required to be developed to a higher standard.

(2)

All roads created as a result of any land division shall be surfaced with a minimum of two (2) inches of Class 2 aggregate base, to a minimum width of twenty (20) feet, unless required to be developed to a higher standard by other code requirements. This standard shall apply from a maintained county road, or existing road of a higher standard, through the parcel being divided.

(3)

All roads and driveways shall meet the minimum requirements as prescribed by Public Resources Code 4290 and 4291 and Butte County Fire Safe Regulations, or as prescribed by the Butte County Department of Public Works.

(4)

Erosion and sediment control plans, including provisions for wet weather conditions, shall be submitted with all building permits, discretionary development projects, and grading plans, excluding structures that fall under the provisions of section 26-3.1 of the Butte County Code. The erosion and sediment control plans shall include both temporary (first year) and permanent erosion control protection measures that prevent sediment and other pollutant discharges from reaching watershed drainages and streams. The erosion and sediment control plans shall comply with the recommendations of a qualified professional involved in the preparation of erosion control plans. Said plans shall be reviewed and approved by the department of development services.

(5)

The erosion and sediment control plan shall include the time of year for construction activities. No soil disturbance shall occur after November 15 or before April 1 unless the director of development services, or his or her authorized agent, determines project soil conditions to be adequate to accommodate development activities. All such areas where land clearing has been completed between April 1 and November 15 shall be revegetated, hydroseeded, mulch protected or otherwise stabilized no later than December 1. Should grading be permitted during the rainy season, the smallest practicable area of erodible land shall be exposed at any one (1) time and the time of exposure shall be minimized. Temporary erosion control measures shall be in place on a daily basis.

(6)

No structures shall be placed within two hundred (200) feet of the high water mark of the Paradise or Magalia Reservoirs or within fifty (50) feet of the top of the bank of any perennial or ephemeral water course, as shown on the most recent edition of USGS 7.5 minute topographic maps, in the Firhaven Creek, Paradise Reservoir, and Magalia Reservoir watersheds. This provision shall not preclude development on a parcel that would otherwise become undevelopable due to this provision.

(7)

The location of homesites (building envelopes) shall be shown on all future parcel and subdivision maps in the Firhaven Creek, Paradise Reservoir, and Magalia Reservoir watersheds.

(8)

Erosion and sediment control plans prepared by a qualified professional involved in the preparation of erosion control plans shall be submitted for all three (3) acre exemption conversion timber operations in the Firhaven Creek, Paradise Reservoir, and Magalia Reservoir watersheds.

(9)

Three (3) acre exemption conversion timber harvest operations shall not be conducted in the Firhaven Creek, Paradise Reservoir, and Magalia Reservoir watersheds during the period from November 15 to April 1.

(Ord. No. 3431, § 2, 6-9-98; Ord. No. 3536, § 3, 7-13-99; Ord. No. 3560, § 9, 10-12-99; Ord. No. 3906, § 2, 3-22-2005)

24-236 - C/M (Chapman/Mulberry combining) zone.

(a)

Purpose and intent: This district is intended as a combining zoning district which will be applied to residential zoning districts within the Chapman/Mulberry area, as identified on the zoning map. The C/M combining zone shall be used to achieve the following purposes:

(1)

Recognize and provide the preservation of the unique characteristics of the Chapman/Mulberry Neighborhood, as identified in the general plan.

(2)

Establish special standards for allowable uses, yard area requirements, and design features that will apply specifically to the area defined by the C/M combining zone.

(3)

Where provisions of the C/M combining zoning district conflict with provisions of the base district, the combining district provisions shall take precedence.

(b)

Combining zone requirements: The following requirements shall apply to lands to which the C/M combining district is applied:

(1)

Uses permitted: All uses listed as permitted and accessory provided in the base zoning district, excepting the following uses:

a.

Liquor stores, gas stations, automobile sales, and off-site advertising signs shall not be allowed in the C-1 zoning district.

b.

Liquor stores, gas stations, automobile sales, bars and cocktail lounges, vehicle repair garages, and off-site advertising signs shall not be allowed in the C-2 zoning district.

(2)

Amortization of nonconforming uses:

a.

Land Uses:

1.

Commercial and industrial uses inconsistent with the provisions of the base zoning district shall be amortized and terminated under the provisions of section 24-35 et seq. or within ten (10) years from the adoption of this section, whichever occurs first, subject to the provisions of subsections 2. and 3. below.

2.

A nonconforming use shall not be expanded, enlarged, extended, reconstructed, substituted, or structurally altered, except to conform to current zoning standards and requirements.

(a)

If a nonconforming structure, or a conforming structure used for a nonconforming use, is damaged, destroyed, or demolished, the right to continue occupancy thereof or to continue the nonconforming use therein shall cease and the structure may be repaired or rebuilt and reoccupied only if the cost of repairing or replacing the damaged portion of the structure does not exceed fifty (50) percent of the total replacement value of the structure and the repair or replacement is started within one (1) year of the date of the damage or destruction and is diligently pursued to completion.

3.

Requests to extend the ten (10) year time period may be submitted to the planning commission and may be granted only for good cause based upon a consideration of the following factors:

1.

The total cost of the property and improvements.

2.

The depreciated value of the property.

3.

The remaining useful life of the improvements.

4.

The original length and remaining term of the lease, if any, under which the premises is occupied.

5.

The percentage of the business conducted on the premises compared to the percentage conducted elsewhere.

6.

The cost of moving and reestablishing the business elsewhere, and a public agency's ability to provide relocation assistance.

7.

Efforts made to relocate and/or reestablish the use in a properly zoned district.

8.

The nature of the nonconforming use, as compared to the character of the neighborhood.

9.

The harm to the public if the use remains beyond the amortization period.

10.

The feasibility of converting the use of the premises to an allowed use.

11.

Other related factors. Such extensions may not exceed a total period of an additional two (2) years. Extension requests must be submitted not later than seven (7) years from the adoption of this section, on a form approved by the director of development services, and must include information pertaining to any and all of the above factors which the applicant believes are applicable to his or her request. The procedure for review and consideration of an extension request shall be as specified in sections 24-45.20, 24-45.25 and 24-45.30

b.

Agricultural animals: The keeping of poultry or rabbits may continue as a nonconforming use in conjunction with a single family dwelling subject to the following limitation: Fifteen (15) per five thousand (5,000) square feet of fenced yard area not covered by structures.

c.

Existing mobile homes manufactured before June 15, 1976, may only be replaced with a mobile home manufactured after June 15, 1976, or a conventional wood frame construction.

(3)

Site requirements: The following site requirements shall apply to land with residential zoning:

a.

Front yard area: Front yard areas shall be consistent with the average of the existing front yard of adjoining parcels, but in no case less than fifteen feet (15) feet nor greater than thirty (30) feet.

b.

Rear and side yard setbacks: Same as the base zoning district, except as otherwise provided.

(c)

Design standards applicable to the C/M combining district: All new development, including land divisions and construction of new dwellings, shall adhere to the following C/M neighborhood design standards:

(1)

Single-family dwellings:

a.

Front entries shall be established for all residences and shall be oriented toward the street.

b.

All new garages shall be set back at least ten (10) feet from the front edge of the dwelling. Garages located in rear yards are encouraged. Detached, single-story garages shall be set back at least five (5) feet from the rear yard property line.

c.

New dwellings shall be designed with functional front porches.

d.

Front yard fences shall be limited to three (3) feet in height and shall be of an open (not solid) design. Front yard landscaping shall not obscure views of the street and adjoining neighbors. Particular attention shall be given to the design of properties near public use areas, such as parks, community centers and the school, to provide for direct visual contact with these areas.

e.

One (1) new tree, fifteen (15) gallons or greater in size, shall be planted in front yard areas as a requirement of new single family residential building permits. The species of tree planted shall be selected from the following list:

(2)

Parking lots:

a.

Parking lots for parcels containing more than two (2) dwelling units shall be screened from view from the street by vegetation or fencing that is no more than four (4) feet in height off street. Parking lots shall be located in the rear or side lot area and are not allowed within the front set back area.

(3)

Commercial & industrial land uses:

a.

Outdoor lighting fixtures for commercial and industrial uses shall be oriented or otherwise shielded so that the source of light and light reflectors are not visible from nearby residential properties.

b.

Noise and visual impacts of commercial and industrial uses that abut residential uses shall be buffered through the use of eight (8) foot high masonry (or equivalent) walls and landscaping. Landscaping shall be installed on the residential side of the wall and be used to buffer the appearance of walls. All such buffering shall occur on and be maintained by the commercial and industrial property. Earthen landscape berms with a wall may also be utilized to meet this standard.

(4)

Multiple family dwelling units:

a.

All multifamily units must face with front doors onto the street.

b.

Parking lots shall be established to the rear or on the interior of building clusters.

c.

Fencing in the front yard area shall be limited to three (3) feet in height. All front yard areas shall be landscaped.

d.

Refuse containers and mechanical equipment must be screened and located within the interior or rear areas of building complexes.

e.

Pedestrian walkways shall be provided from street sidewalks to front door.

f.

Use permits shall not be required for remodeling of nonconforming multi-family dwelling units which do not result in an increase in the number of units or bedrooms, or results in additional floor levels. Re-constructed multi-family dwellings shall be subject to the provisions of paragraphs a. through e. above.

(d)

Planned unit development (PUD). The following requirement shall apply to lands to which PUD zoning is applied:

(1)

No development shall occur unless a land use and development plan is approved by the board of supervisors per the requirements of Butte County Code section 24-210

(Ord. No. 3579, § 2, 1-25-2000)

24-237 - Recreational overlay zone.

(a)

Purpose and intent. This district is intended to be utilized as an overlay zone which may be combined with other based zoning districts which have general plan land use designation of commercial or industrial and which are zoned C-C, C-1, C-2, L-I, M-1, M-2 for the following purposes.

(1)

To encourage the development of recreational activities and facilities.

(2)

To allow support activities associated with recreational facilities.

(3)

To ensure compatibility with adjoining residential land uses.

(b)

Uses permitted:

(1)

Golf courses.

(2)

Tennis courts.

(3)

Golf driving ranges.

(4)

Water sports.

(5)

Recreational fields for sports such as Little League baseball, football, soccer, and polo.

(6)

Entertainment parks including arcades and amusement parks.

(7)

Club facilities relating to recreational uses.

(8)

Museums and zoos.

(9)

Camping facilities.

(10)

Shops and stores that sell recreational equipment.

(11)

Motels.

(12)

Restaurants.

(13)

Recreational vehicle parks.

(c)

Uses requiring use permits: The following uses are permitted subject to a use permit.

(1)

A use permit is required for theme parks and amusement parks of ten (10) acres or more in size, in order to effectively address traffic impacts and parking needs.

(d)

Site development standards. The following policies and standards shall apply to development of projects on lands zoned with the recreational overlay zone and in consideration of rezone applications to zone lands with the recreational overlay zone.

(1)

Outdoor lighting shall be shielded so that direct illumination does not leave the property or cause interference with neighboring uses or adjacent roadways.

(2)

In addition to the landscaping requirement contained in Section 24-240.10(e), for parking lots, ten (10) percent of the total gross lot area shall be devoted to natural space or landscaping. Any new landscaping shall have an irrigation system and the plantings shall be maintained in a living condition. A landscaping plan shall be submitted as part of a building permit application or, when no building permit is required, the plan shall be submitted to the department of development services prior to the beginning of site construction.

(3)

The standards for grading are as found in Appendix Chapter 33 of the Uniform Building Code as adopted by Butte County Code Section 26-1 and as acceptable to the California Department of Water Resources.

(4)

Proposals to rezone property with the recreational overlay zone within an airport area of influence shall be reviewed by the airport land use commission who shall conduct a compatibility analysis of the proposal.

(5)

Any use listed in the Recreational overlay zone which, because of operational characteristics specific to the particular business or proposed location, is found by the director of development services, to have the potential to negatively impact adjoining residentially zoned properties may be required to obtain a use permit prior to beginning construction.

(6)

Occupancy information about individual proposals shall be submitted prior to, or concurrently with, the building permit applications.

(7)

Recreational vehicle parks shall not be used for permanent housing (No continuous occupation longer than six (6) months).

(8)

Setback and site requirements shall be controlled by the underlying zone.

(9)

Additional standards or limitations on permitted uses may be applied to proposals for areas to be rezoned with the recreational overlay zone.

(Ord. No. 3708, § 1, 4-10-2001)

24-238 - Policies, procedures and standards for the Feather River recreational overlay zone.

(a)

Site development standards.

(1)

Prior to site development of a use allowed by the recreational overlay zone the proposal shall be submitted to Caltrans and the planning division of the department of development services for review to address issues related to Highway 70.

(2)

A one hundred (100) foot limited development setback zone is established along the Feather River as measured from the normal high water line of the river. Development in this area shall be limited, to functions that do not require permanent facilities or alterations to the topography unless approved by the Department of Fish and Game or there is an approved permit which allows development in this area, and except for those facilities that provide access to the Feather River; example: boat ramps.

(Ord. No. 3708, § 2, 4-10-2001)

24-239 - Reserved.