24-240 - Parking regulations.

(a)

Off-street parking:

(1)

Purpose. To alleviate or prevent congestion of the public streets, and to promote the safety and welfare of the public by establishing minimum requirements for the off-street parking and loading of motor vehicles, in accordance with the use to which property is put.

(2)

Scope of regulations. The off-street parking and loading provisions of this section shall apply as follows:

a.

When the intensity of use by any building, structure or premises shall be increased through addition of dwelling units, gross floor area, seating capacity or other units of measurement specified herein for required parking or loading facilities, parking and loading facilities as required herein shall be provided for such increase in intensity of use.

b.

Whenever the existing use of a building or structure shall hereinafter be changed to a new use, parking or loading facilities shall be provided as required for such new use. However, if the building or structure was erected prior to January 24, 1995, the effective date of this ordinance [No. 3176], additional parking or loading facilities are mandatory only in the amount by which the requirements for the new use would exceed those for the existing use if the latter were subject to parking and loading provisions of this ordinance.

c.

For all buildings and structures erected and all uses of land established after January 24, 1995, the effective date of this ordinance [No. 3176], parking and loading facilities shall be provided as required by this article.

(b)

Required off-street parking. Off-street parking shall be provided as required in the following schedule (for required residential parking refer to residential articles):

Agricultural uses, labor camps. Same as multifamily.

Amusement or recreational enterprises (not specifically referred to in this schedule). As specified in use permit approval but in no case less than one (1) space per two hundred (200) square feet of gross floor area.

Auditoriums of a school, church, college or institution. One (1) parking space for each six (6) individual seats or equivalent or one (1) space per fifty (50) square feet of usable seating area, whichever is greater.

Auto accessory sales and service. One (1) space for each two hundred (200) square feet of gross floor area.

Auto repair and service. One (1) space for each four hundred (400) square feet of gross floor area, but in no case less than six (6) spaces.

Automobile, boat, mobile home, trailer sales or rental. One (1) space for each four hundred (400) square feet of gross floor area plus one (1) reserved space for each two (2) employees, but in no case less than six (6) spaces.

Automobile service stations. Eight (8) parking spaces for each station.

Boarding houses. One (1) space per guest room.

Bowling alleys. Five (5) spaces for each alley plus additional spaces as may be required herein for accessory uses such as restaurants, bars, and the like.

Car wash. Reservoir parking spaces equal to five (5) times the capacity of the laundry shall be provided plus one (1) space for each two (2) employees.

Cemeteries, mausoleums. As specified in use permit approval.

Churches. One (1) space for each six (6) individual seats or equivalent in the auditorium or church or one (1) space per fifty (50) square feet of usable seating area, whichever is greater, plus one (1) space for each classroom or office. For convents, parish houses and the like, one (1) space for each automobile owned and/or operated by the church. For administration offices accessory to the church operation, one (1) space for each office.

Convalescent homes, rest homes, nursing homes, sanitariums, etc. One (1) space for every four (4) beds plus one (1) space for each two (2) employees (other than the staff doctors) plus one (1) space for each doctor assigned to the staff, but in no case less than one (1) space per seven hundred fifty (750) square feet of gross floor area.

Convalescent hospitals and other similar uses involving overnight care or treatment. One (1) space per each three (3) beds set aside for care or treatment.

Drive-in theaters. As specified in use permit approval.

Financial and general business offices, banks and real estate. One (1) space for each three hundred (300) square feet of gross floor area.

Fraternity houses, sorority houses, dormitories. One (1) space for each two (2) guests but in no case less than one (1) space per sleeping room.

Fraternities, sororities and dormitories devoted to housing students. To be determined by the planning division based on the circumstances of each case; however, in no case shall there be less than one and one-half (1½) spaces per each one hundred (100) square feet of sleeping area. Where the total required area includes a fraction, the next highest whole unit shall be provided.

Furniture and major appliance stores or furniture repair shops. One (1) space for each four hundred (400) square feet of gross floor area.

Golf driving ranges. One (1) space for each tee plus one (1) space for each employee.

Hospitals. One (1) parking space for each two (2) beds plus one (1) space for each two (2) employees (other than staff doctors) plus one (1) space for each doctor, but in no case less than one (1) space per one thousand (1,000) square feet of gross floor area.

Hotels and motels. Two (2) spaces for each lodging unit or dwelling unit with additional parking available; one (1) space per two (2) units located on site.

Motels. One (1) space per sleeping unit or dwelling unit.

Hotels. One (1) space per bedroom.

One (1) parking space for each three (3) employees or one (1) parking space for each two thousand (2,000) square feet of gross floor space, whichever is greater.

If permitted, professional office residences and commercial uses shall provide parking for the specific use as required in this section.

Lodges and clubs. One (1) space for each one hundred (100) square feet of gross floor space.

Medical and dental offices. Five (5) spaces for each doctor or dentist but in no case less than one (1) space for each three hundred (300) square feet of gross floor area.

Medical laboratories. One (1) space for each three hundred (300) square feet of gross floor area.

Mortuaries, funeral homes. One (1) space for each five (5) individual seats or equivalent in a chapel or public assembly room or one (1) space per forty (40) square feet of usable seating area, whichever is greater, plus one (1) space for each funeral vehicle.

Museums, art galleries. One (1) parking space for each one hundred (100) square feet of public display area (not including storage, work rooms and the like) for the first twenty-five hundred (2500) square feet, with a minimum of fifteen (15) parking spaces required; then one (1) parking space for each additional two hundred (200) square feet of display area from five thousand (5,000) square feet to and including ten thousand (10,000) square feet; then one (1) parking space for each additional five hundred (500) square feet of display area over ten thousand (10,000) square feet.

One (1) truck loading dock shall be provided for buildings with a gross floor area of five thousand (5,000) square feet or more.

Example of Parking Requirements

Nurseries, preschools. One (1) space per classroom or office but in no case less than three (3) spaces.

Offices: Business, professional, financial, banks, real estate. One (1) space for each three hundred (300) square feet of gross floor area.

Passenger terminals. One (1) space per each gross one hundred (100) square feet of waiting room area.

Public utility and public service uses and public utility service yards. One (1) space for each three (3) employees on the maximum shift plus one (1) space for each vehicle permanently assigned to the facility.

Research laboratories. One (1) space for each seven hundred fifty (750) square feet of gross floor area occupied exclusively by laboratory equipment, plus one (1) space for each three hundred (300) square feet of gross floor area on the balance of the building.

Residential:

Single-family dwellings. Two (2) spaces per dwelling.

Multiple-family dwellings. One (1) parking space per bedroom but in no case less than two (2) spaces per dwelling unit plus additional guest parking spaces equal to twenty (20) percent of the number of dwelling units on site. At least one (1) parking space per dwelling unit shall be covered. The requirements for covered and guest parking shall apply for all apartment complexes containing more than eight (8) dwelling units.

Restaurants, bars and taverns. One (1) space for each three (3) seats but in no case less than one (1) space per two hundred (200) square feet of gross floor space.

Retail stores, shops and services. One (1) space for each two hundred (200) square feet of gross floor area.

Schools: Business, professional and trade schools. One (1) parking space for each classroom or office plus one (1) space for each five (5) students attending classes on the premises at any time during any twenty-four-hour period, but in no case less than one (1) space for each two hundred (200) square feet of gross floor area.

Schools: High schools, colleges and universities. One (1) parking space for each classroom or office plus one (1) space for each ten (10) students attending classes on the premises at any time during any twenty-four-hour period.

High schools. One (1) space for each twenty (20) students and one (1) space for each faculty member.

Junior colleges, colleges and universities. One (1) space for each ten (10) students and one (1) space for each faculty member and employee.

Schools: Nursery, elementary and intermediate (public or private). One (1) parking space for each classroom or office but in no case less than three (3) spaces.

Elementary and junior high schools. One (1) space for each employee and each faculty member.

Stadiums, arenas, auditoriums (other than church, college or institutional auditoriums), convention halls, dance halls, exhibition halls, skating rinks and other similar places of assembly. One (1) parking space for each four (4) seats or one (1) space per thirty-two (32) square feet of usable seating area, whichever is greater.

Theaters. One (1) parking space for each four (4) seats or one (1) space per thirty-two (32) square feet of usable seating area, whichever is greater.

Warehousing and wholesaling establishments in industrial zones only. One (1) space for each three (3) employees on the maximum shift or one (1) space for each two thousand (2,000) square feet of floor area, whichever is greater.

(c)

Size and access:

Compact car parking:

For parking lots containing eleven (11) or more parking spaces forty (40) percent may be compact spaces.

All off-street parking facilities shall be designed and laid out in accordance with the following minimum requirements:

(1)

Compact spaces shall be seven and one-half (7½) feet by sixteen (16) feet except when located alongside a structure, pole, post, wall, or fence, in which case a nine-foot width is required.

(2)

Compact car spaces shall be grouped together in logical blocks, equally distributed throughout a parking lot, and shall be clearly marked "Compact Cars Only."

(3)

The arrangement of standard and compact spaces shall be approved by the director of development services.

(4)

Any aisle that provides primary access to a building shall be a minimum of sixteen (16) feet wide.

Note 1:

Turning radius shall be a minimum of 15' on inside radius

Any aisle that provides primary access to a building shall be a minimum sixteen (16) feet wide.

Compact car spaces shall be grouped together in logical blocks, equally distributed throughout a parking lot, and be clearly marked "Compact Cars Only."

(Ord. No. 3176, § 1(Exh. A), 1-24-95)

24-240.10 - Off-street parking; development standards.

The following development standards shall apply to all off-street parking lots within the unincorporated area of Butte County:

(a)

Surfacing. Minimum requirement, dust palliative treatment.

(b)

Road access and drainage. Road access and drainage for all parking facilities shall be per requirements of the department of public works.

(c)

Lighting. Any lighting used to illuminate off-street parking areas shall be directed and maintained so as not to interfere with persons using any public street or improvement or to unnecessarily interfere with the use and enjoyment of property of any person.

(d)

Signs. Directional signs are permitted on parking areas.

(e)

Screening and landscaping. All open automobile parking areas that contain more than four (4) parking spaces and which abut upon a public street right-of-way shall provide landscaping to a depth of at least ten (10) feet of said street right-of-way with openings for walkway or drive purposes in accordance with county standards. An additional five (5) percent of the gross lot area shall be devoted to landscaping. Each planter area shall be surrounded with a six-inch raised concrete curbing or equivalent. An irrigation system shall be installed in each separate planter area.

(f)

Fencing. A solid fence at least six (6) feet in height shall be required on all common property lines when any parking facility is established abutting residentially zoned property.

(g)

Walkway. A walkway, if provided adjacent to a building and parking stalls, shall be at least four (4) feet in width.

(h)

Repair and service. No commercial motor vehicle repair work of any kind shall be permitted within any required off-street parking area. The sale of gasoline, motor oil or any other merchandise is also prohibited within any required off-street parking area.

(i)

Location of accessory off-street parking facilities. The location of off-street parking and garage spaces shall be located on the same lot or parcel as the use served except as otherwise provided in this chapter.

(j)

Existing parking and loading facilities. Accessory off-street parking and loading facilities which are located on the same lot or parcel as the building or use served and which were in existence on January 24, 1995, the effective date of this ordinance [No. 3176], or were provided voluntarily after such effective date, shall not hereafter be reduced below or if already less than shall not further be reduced below the requirements of this ordinance [No. 3176], for a similar new building or use.

(k)

Parking assessment district. Off-street parking facilities may be provided collectively for all buildings, structures or uses located within a parking assessment district. The parking requirements of this chapter for properties within a parking assessment district may be waived by the planning commission.

(l)

Computation. When determination of the number of off-street parking spaces required by this chapter results in a requirement of a fractional space, any fraction of one-half (½) or less may be disregarded while a fraction in excess of one-half (½) shall be counted as one (1) parking space. Each space shall be individually accessible.

(m)

Permissive parking and loading facilities. Nothing in this chapter shall prevent the voluntary establishment of off-street parking or loading facilities in excess of the requirements of this chapter to serve any existing use of land or buildings, provided that all regulations herein governing the location, size and access design, improvement and operation of such facilities are adhered to.

(n)

Use of parking and garage facilities. Off-street parking and garage facilities servicing a residential use and developed in any residential district in accordance with the requirements of this section shall be used for the storage of vehicles owned by occupants of the dwelling structure to which the facilities are accessory or by guests of such occupants. Under no circumstances shall be required parking and garage facilities servicing a residential structure be used for storage of vehicles or for the parking of automobiles belonging to employees, customers of business or manufacturing establishments.

(o)

Mixed uses. When two (2) or more uses are located on the same zoning plot or within the same building, parking spaces equal in number to the sum of the separate requirements for each such use as required by the subject zoning district shall be required. No parking space or portion thereof shall serve as required space for more than one (1) use.

(p)

Handicapped persons parking. Off-street parking for handicapped persons shall be provided in accordance with the recommendations of the office of state architecture regulations as follows:

(q)

Other uses. For uses not specifically listed in this article, parking spaces shall be provided on the same basis as required for the most similar listed use, as determined by the director of development services.

In the event that public transportation, park-and-ride lots or van-pooling is available, off-street parking requirements may be modified to lesser standards if approved by the director of development services, the director of development services' determination to be appealable within ten (10) days to the planning commission.

(Ord. No. 3176, § 1(Exh. A), 1-24-95)

24-241 - Outdoor lighting in residential areas.

(a)

Purpose. The purpose of this section is to provide minimum requirements for outdoor lighting in residential areas in order to reduce light trespass and glare, and to protect the health, property, and well-being of Butte County residents and visitors.

(b)

Definitions. The definition of terms in this section shall be as follows:

(1)

Outdoor lighting. Outdoor light fixtures, whether permanent or portable, including general light fixtures, searchlights, spotlights, and floodlights; and the light cast by such fixtures.

(2)

Adequately shielded. Shielding of a light fixture by opaque components or materials, such that light rays are limited to the parcel of origin, and the light source is not visible from another property or public right-of-way.

(3)

Glare. Intense or blinding light.

(4)

Light fixture. A complete lighting unit consisting of one or more lamps, the lamp holder, any reflector or lens, and any other components or accessories.

(5)

Light source (lamp). An electrical bulb, tube, diode, or other device that produces artificial light or illumination.

(6)

Light trespass. Light falling across a property line onto another lot or parcel of land or onto a public right-of-way.

(c)

Applicability.

(1)

The requirements of this section shall apply to all outdoor lighting on parcels zoned AR through AR-10 (Agricultural Residential); A-SR (Agricultural Suburban-Residential); FR-1 through FR-160 (Foothill Recreational); M-R (Mountain or Recreation Subdivisions-Residential); R-l through R-4 (Residential); R-N (Residential Nonconforming); RT-1 through RT-1A (Residential-Mobile Home); SR through SR-5 (Suburban Residential); TM-1 through TM-160 (Timber Mountain); and U (Unclassified). This section does not apply to lighting at publicly owned facilities, including public rights-of-way.

(2)

New Development. All outdoor lighting installed after the effective date of this ordinance shall be in conformance with this section, and with other applicable standards and requirements.

(3)

Nonconforming Light Fixtures. Outdoor lighting existing on the effective date of this ordinance that does not meet the requirements of this section shall be brought into compliance or removed as follows:

a.

Within three (3) months of the effective date of this ordinance, where redirection of the light fixture is feasible and will bring the light fixture into compliance; or

b.

Within six (6) months of the effective date of this ordinance, in all other cases.

(4)

Compliance with Lighting Standards. Light fixtures not meeting the standards of this section shall be brought into compliance in any of the following ways:

a.

Redirection of the light fixture;

b.

Shielding of the lamp;

c.

Redesign or relocation of the light fixture;

d.

Replacement of the light fixture with a conforming fixture; or

e.

Removal of the light fixture.

(d)

Standards. All outdoor lighting in residential areas shall be located, adequately shielded, and directed such that no direct light falls outside the property perimeter, or into the public right-of-way, as illustrated in Figures 1 and 2.

(e)

Exemptions. The following types of lighting are exempt from the requirements of this section:

(1)

Holiday and temporary lighting (less than thirty (30) days in any one (1) year); and

(2)

Temporary lighting used by law enforcement or emergency personnel to protect life or property.

(f)

Security Lighting. Security lighting triggered by motion or noise shall be permitted subject to all of the provisions of this section. Sensors for such lighting shall not be triggered by activity located outside the subject property.

(g)

Prohibited Lighting. Flashing, flickering, or other lighting that is distracting or may be confused with traffic or emergency signals shall be prohibited.

(h)

Enforcement. Any person who violates any of the provisions of this section shall be subject to the provisions of Chapter 41, entitled "Code Enforcement Policies and Procedures," of this Code.

(Ord. No. 4010, § 1, 10-27-09)

24-242 - Residential generator noise.

(a)

Purpose. The purpose of this section is to provide minimum requirements for the operation of residential generators, in order to reduce noise levels and protect the health, property, and well-being of Butte County residents and visitors.

(b)

Definitions. The definition of terms in this section shall be as follows:

(1)

Agriculture. The use of land for commercial agricultural purposes as defined in Section 24-305

(2)

Decibel. The logarithmic unit of measurement that quantifies sound levels.

(3)

Emergency. Disaster or extreme peril to the safety of persons, the environment, and property caused by such conditions as fire, flood, storm, epidemic, riot, earthquake, or hazardous materials.

(4)

Noise level. The sound pressure level in decibels obtained by using a sound level meter.

(5)

Residential generator. A machine that produces electricity to support residential uses, including supplying power directly to a residence or for incidental residential activities.

(c)

Applicability. This section shall apply to the operation of residential generators. This section does not apply to the area of applicability for Standards for Limited Density Owner-Built Rural Dwellings. Allowable noise levels for Limited Density Owner-Built Rural Dwellings are defined under Article VI, Chapter 26 of the Butte County Code.

(d)

Standards.

(1)

Noise Levels. Residential generators shall not produce more than fifty-five (55) decibels at any point along or outside the property line.

(2)

Installation. Permanent generators shall be permanently secured on a minimum three and one-half (3½) inch thick concrete slab extending a minimum of two (2) feet beyond the generator on all sides, or shall be anchored as required in the manufacturer's installation instructions to prevent vibration.

(3)

Compliance with Noise Standard. Residential generators not meeting the noise standard shall be brought into compliance in any of the following ways:

a.

Cessation of operation;

b.

Retrofitting of the generator with a manufacturer-approved muffler or exhaust silencer;

c.

Repair of the generator;

d.

Replacement of the generator with a conforming generator; or

e.

Enclosure of the generator in conformance with subsection (d)(4) of this section.

(4)

Enclosure. If needed to comply with the maximum decibel level, generators shall be enclosed in a sound reduction enclosure approved by the Building Official. This structure shall be fully enclosed; and may be constructed consistent with published County guidelines for generator noise reduction, or may be a commercially manufactured enclosure. Generator enclosures shall reduce noise to the level required by this section. Enclosures shall be constructed to meet current California Building Code standards, shall provide a minimum of thirty (30) inches of interior structural clearance to allow access on all sides of the generator, and shall be adequately ventilated and vented. The Director of Development Services shall publish and maintain guidelines for the construction of effective generator noise reduction enclosures.

(e)

Exceptions. The standards of this section are not applicable to generator noise from the following sources:

(1)

The use of any generator related to or connected with an emergency, in order to protect life or property; or during a temporary power outage; and

(2)

The operation of any generator for commercial agricultural use.

(f)

Noise Level Measurement. The County may conduct field testing to verify noise levels; and/or the County may require the operator to conduct field testing. If the operator is required to verify noise levels, a test report showing compliance shall be provided by the operator and submitted to the Director of Development Services at the operator's expense. For the purpose of evaluating conformance with the standards of this section, noise levels shall be measured as follows:

(1)

Use of Meter. Any noise measurement made pursuant to this section shall be made with a sound level meter calibrated and operated according to the manufacturer's instructions; and

(2)

Meter Location. Exterior noise levels shall be measured at any point along or outside the property line. Where practical, the meter shall be positioned five (5) feet above the ground and away from reflective surfaces.

(g)

Enforcement. Any person who violates any of the provisions of this section shall be subject to the provisions of Chapter 41, entitled "Code Enforcement Policies and Procedures", of this Code.

(Ord. No. 4009, § 1, 10-27-09)

24-243, 24-244 - Reserved.

24-245 - Applicability to subsurface mineral rights.

The provisions of this chapter are not intended to act or be construed as to impair, interfere, repeal, extinguish or terminate any mineral right more than one hundred (100) feet below the surface regardless of the zone within which such subsurface mineral right exists. Subsurface mining in conjunction with any such subsurface mineral right shall be permitted regardless of the zone in which it is located. Provided, however, that the surface work, entrance, and other surface activities incident to an underground mine shall be subject to the provisions of this chapter including but not limited to the requirements of the Surface Mining and Reclamation Act of 1975 as implemented by the County of Butte through ordinance and policy.

(Ord. No. 3176, § 1(Exh. A), 1-24-95)

24-246—24-249 - Reserved.