24-250—24-250.20 - Reserved.

  Editor's note—Ord. No. 3445, § 3, adopted Sept. 16, 1998, repealed provisions formerly set out as §§ 24-250—24-250.20 of the Code, which pertained to adult entertainment businesses and derived from Ord. No. 3176, § 1 (Exh. A), adopted Jan. 24, 1995. Section 5 of Ord. No. 3445 enacted interim restrictions relative to adult businesses effective for a period of forty-five days from its passage (October 30, 1998). Subsequently, Ord. No. 3454, §§ 2—4, adopted Oct. 27, 1998, amended Ord. No. 3445 and extended its provisions until September 15, 1999. Due to the temporary nature of Ord. No. 3445 and Ord. No. 3454, their provisions have not been included within the Code. Both ordinances may be found on file in the office of the chief administrative officer. Ord. No. 3619, §§ 5—11, adopted July 25, 2000, enacted §§ 24-140, 24-145, 24-150, 24-155, 24-160, 24-175, 24-180 and 24-305.003 which pertained to adult business regulations in zoning districts.

  Cross reference—Adult business regulation, §§ 15-110—15-127

24-251—24-254 - Reserved.

24-255 - Animal maintenance; purpose and intent.

It is the intent of the following animal maintenance regulations (sections 24-255 through 24-255.15, inclusive) to allow persons to keep and maintain livestock at their private residences in a manner which will be consistent with the provisions of article IV, chapter 4, section 21 of the Butte County Code (animals at large prohibited) and which will protect the health, safety, and welfare of nearby residents. If any person within the county maintains an animal in violation of these regulations, he or she shall be subject to nuisance abatement procedures and/or zoning violation procedures of the County of Butte.

(Ord. No. 3176, § 1(Exh. A), 1-24-95)

24-255.10 - Animal maintenance requirements.

(a)

Area requirements. On all parcels of property which are five (5) acres or larger and are within zoning districts that allow livestock there shall be no area requirements for animals. However, on all parcels of property which are less than five (5) acres in size and are within zoning districts that allow livestock, the following area, allotted exclusively to each type of animal, shall be required for each animal kept on the premises:

(1)

Equine, bovine and swine area requirements. For each equine, bovine or swine over one (1) year of age, ten thousand (10,000) square feet; provided, however, that if there is a residential use established on the parcel, eight thousand one hundred twenty-five (8,125) square feet shall be required for such residential use and ten thousand (10,000) additional square feet shall be required for each such animal.

(2)

Sheep and goat area requirements. For each sheep or goat over one (1) year of age, three thousand (3,000) square feet; provided, however, that if there is a residential use established on the parcel, eight thousand one hundred twenty-five (8,125) square feet shall be required for such residential use and three thousand (3,000) additional square feet shall be required for each such animal.

(3)

Area requirements for each animal. The square foot requirements of subsections (1) and (2) above are for each animals. When two (2) or more animals are located on the same parcel, the sum of the required square footage per animal shall be required.

(4)

Exotic animal requirements. Exotic animals, including, but not limited to, llamas and camels, shall be regulated under subsection (1) above.

(5)

Educational project exemption. Temporary educational projects, including, but not limited to FFA, 4-H and school projects, conducted by students through the twelfth grade and under the direct supervision of a qualified, responsible adult advisor or instructor, shall be exempt from the requirements of subsections (1), (2), (3), and (4) above. However, no more than a total of four (4) equine, bovine, swine, sheep, goats, and exotic animals over one (1) year of age shall be kept pursuant to this subsection (5).

(b)

Use permits required for more intense or commercial uses. On all parcels of property within zoning districts that allow livestock and are less than five (5) acres, a conditional use permit shall be required for:

(1)

The keeping of such animals (horses, cattle, swine, sheep, and goats) at greater densities than allowed pursuant to subsections (1) and (2) above.

(2)

The keeping of such animals, poultry and rabbits, for the purpose of sale of said animals or their products on a continuing basis.

(3)

Feed yards and hog farms. On all parcels regardless of size, a use permit shall be required for the following uses:

(1)

Boarding or riding stables.

(2)

Reserved.

(c)

Penalties.

(1)

Violations of this section may be charged as either an infraction or misdemeanor.

(2)

Reserved.

(Ord. No. 3176, § 1(Exh. A), 1-24-95)

24-255.15 - Health and safety.

Animals shall be kept in a clean and sanitary condition and in a manner that does not become a public nuisance. Upon witnessing any violation of this section, Butte County code enforcement officers shall coordinate with the appropriate responsible agency.

(Ord. No. 3176, § 1(Exh. A), 1-24-95)

24-256—24-259 - Reserved.

24-260 - Camping limitations and prohibitions.

(a)

No person shall place or park or allow the placing or parking of any trailer coach, recreation vehicle, tent trailer or tent or otherwise occupy or allow the occupancy of any parcel (as defined in section 24-305.310) for the purpose of camping (as defined in section 24-305.095) on public or private property within the county for a period in excess of nine (9) days in any one (1) calendar year, except in an outdoor recreational facility, campground, recreation vehicle park, or hunting/fishing camp, lawfully established and maintained pursuant to this chapter.

(b)

No person or persons shall place or park on any parcel (as defined in section 24-305.310), at the same time, more than a combined total of two (2) trailer coaches, recreation vehicles, tent trailers, or tents, for the purpose of camping (as defined in section 24-305.095), except in an outdoor recreational facility, campground, recreation vehicle park, or hunting/fishing camp, lawfully established and maintained pursuant to this chapter.

(c)

No more than two (2) families, as defined in section 24-305.140, shall occupy any parcel (as defined in section 24-305.310), at the same time, for the purpose of camping (as defined in section 24-305.095), except in an outdoor recreational facility, campground, recreation vehicle park, or hunting/fishing camp, lawfully established and maintained pursuant to this chapter.

(d)

Penalties. Violations of this section may be charged as either an infraction or misdemeanor.

(Ord. No. 3176, § 1(Exh. A), 1-24-95)

24-261 - Reserved.

24-262 - Wireless communication facilities.

(a)

Purpose and intent. The purpose of this section is to establish policies, procedures, and standards applicable to the siting and installation of wireless communication facilities as defined in subsection (b) below, in all zone districts. The goals of this section are to:

(1)

Encourage the location of new monopoles, towers and/or antennas in nonresidential areas and minimize the total number of antennas throughout the county;

(2)

Encourage collocation of facilities at appropriate new and existing new monopoles, towers and/or antenna sites;

(3)

Encourage wireless communication providers to locate new monopoles, towers and/or antennas in areas where the adverse impact on residential neighborhoods, agriculture, and air navigation is minimal;

(4)

Require wireless communication providers to design and configure wireless communication facilities in a way that minimizes adverse visual impacts;

(5)

Protect the public's interest in the safe operation of emergency services which include, but are not limited to, air ambulance, medical and emergency evacuation, firefighting, law enforcement, search and rescue, vector control, and resource management; and

(6)

Allow reasonable opportunities for providers of wireless communication services to provide such services to the community in a safe, effective, and efficient manner.

(b)

Applicability. The provisions of this section shall apply to all communications facilities for the transmission and/or reception of wireless radio, television, and other telecommunication signals, including, but not limited to, commercial wireless communications services (personal communication, cellular and paging) including, without limitation, antennae, masts, poles, towers, structures, buildings, additions to existing antennae, masts, poles, towers, structures, or buildings (the facilities). Such facilities shall be subject to all the provisions as set forth below, unless otherwise specified in this section, notwithstanding other existing zoning provisions and regulations of the County of Butte.

(c)

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

(1)

Small business/residential/farm facilities. Two-way radio communications systems operated only as an internal business communications system by owners/operators and not made available to third parties, subject to the maximum height requirements for the zone as set forth in subsection (f)(4) of this section, and in no event greater than fifty (50) feet in height and privately operated noncommercial facilities attendant to a residential, noncommercial use or uses, including, but not limited to, amateur radio facilities of less than sixty-five (65) feet in height and noncommercial television receive antennas, subject to the maximum height requirements for the zone, as set forth in subsection (f)(4) of this section, and in no event greater than fifty (50) feet in height and satellite dish (television receive only) antennas no greater than two (2) meters in diameter which are used for noncommercial purposes by the residential user, providing all such facilities are exempt from demonstrating radio-frequency emission compliance from Federal Communications Commission (FCC) regulation pursuant to FCC Office of Engineering Technology ("OET") Bulletin No. 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields" (August 1997 or later revisions or successors thereto) (hereinafter, "FCC OET 65"). This exemption does not apply to any facility not categorically exempt from FCC regulation pursuant to FCC OET 65, nor does it apply to facilities operated, leased to, or used by common carriers, or wireless communications providers, or personal communications systems (PCS) providers, or cellular communications providers or specialized mobile radio (SMR) communications providers, nor does this exemption apply to television and/or radio broadcast facilities.

(2)

Government. Government owned communications facilities to be used primarily to protect public, health, safety and welfare, all as determined by the planning division of the department of development services.

(3)

Facilities exempted under federal or state law. Any facility specifically exempted under federal or state law.

(4)

Emergency facilities. Temporary facilities erected and operated for emergency situations which are approved in writing in advance of installation by the director of development services. Uses of such facilities must not exceed two (2) weeks, unless an extension is granted in writing by the director of development services.

(5)

Repair or replacement of a lawfully established existing facility, so long as the repair or replacement does not involve modifications to the facility which add height, changes the appearance, in a visually or physically obtrusive manner, or increases its effective radiated power.

(d)

Permit requirements. All facilities are subject to the following land use permitting requirements in specified zone districts, in addition to all applicable requirements of this chapter.

PERMIT REQUIREMENTS³

P - Prohibited

AP - Administrative Permit

MUP - Minor Use Permit

UP - Use Permit

BP - Building Permit

1  Facilities are prohibited from locating in these zones or within one thousand (1,000) feet of these zones, or within one thousand (1,000) feet of the property line of any parcel within any residential zone in any incorporated city in the County of Butte or in any incorporated or unincorporated area of another county. The installation of and the permitting of facilities in these areas is prohibited except when: (1) no feasible alternative site exists; and (2) a denial would constitute a prohibition on the provision of the affected wireless communications service in violation of federal or state law. The burden of proof shall be on the applicant to establish both conditions. A use permit is required in these zones or within one thousand (1,000) feet of these zones should both exceptions herein be met by the applicant.

2  Utility pole mounted facilities may be located within R1 to R4, R-N, RT-1, SR to SR-5, R-P, S-H and MHP zones with an approved minor use permit.

3  Notwithstanding any other provision of the Butte County Code, whenever an applicant proposing a facility in any prohibited area or of any prohibited height or configuration, such that this section imposes the burden of proof on such applicant to show that: (1) no feasible alternative site exists; and (2) a denial would constitute a prohibition on the provision of the affected wireless communications service in violation of federal or state law; a hearing shall be held on the above two (2) issues before a Hearing Officer. All such hearings conducted shall be held before a Hearing Officer designated pursuant to the protocol set forth in that document entitled the "Butte County Administrative Hearing Officer Program." The Program is based upon an alphabetical rotation through attorneys currently under contract through the Program. At such hearing, the applicant shall have the burden of producing evidence and the burden of proving the above two (2) conditions through competent evidence introduced into the record. The Hearing Officer may allow others the same opportunity to present evidence at the hearing. The formal rules of evidence shall not apply at such hearings. A presumption shall exist as to the lack of the two (2) conditions. The decision of the Hearing Officer shall be sustained if it is supported by competent evidence contained in the record. At the conclusion of the hearing, the Hearing Officer shall determine, based upon the evidence in the record, whether the applicant has met the burden of proof, make findings based on the evidence presented, and refer the applicant's proposal back to the planning commission for further proceedings on the applicant's proposal consistent with the Hearing Officer's findings.

4  After January 1, 2007, a Collocation Facility meeting specified requirements may be installed in a zone in which wireless communications facilities are permitted upon securing a building permit, pursuant to Government Code Sections 65850.6 and 65964. Pursuant to these Sections of the Government Code, a Collocation Facility installed on a Wireless Telecommunications Facility is a permitted use, if the Wireless Telecommunications Facility was previously subject to a city or county discretionary permit process, within which there was full CEQA compliance. Such a Collocation Facility shall be subject to all applicable requirements of this section, including subsection (k).

5  Setback reductions may be requested as part of the Use Permit approval process. Modifications of setback standards must adhere to criteria described in Section (g)(3) of this Code.

(e)

Application requirements. At a minimum each application for a facility permit shall include the following:

(1)

All application materials generally contained in the submittal requirements for the type of permit required. Incomplete applications shall not be accepted.

(2)

Statement of justification.

a.

Includes a description of the proposed facility, including the type of facility being requested.

b.

Height from natural grade to the top of proposed facility.

c.

Support equipment proposed.

d.

RFR/EMF and wattage output data including the number of channels.

e.

Horizontal and vertical location coordinates.

(3)

Proposed elevations of the structure and any accessory buildings, including building height and other physical dimensions, drawn to graphic scale.

(4)

Visual impact assessment, photo montages, mock-ups as determined by the director of development services or planning commission. The assessment shall identify any proposed trimming of vegetation that will be required for the normal operation of the facility. Stealth technology is encouraged.

(5)

A discussion of and supporting information regarding the alternative site selection of at least a minimum of three (3) to four (4) other sites, if available, including collocation opportunities, and a statement as to why these alternative sites and/or collocation opportunities were rejected.

(6)

A complete service area map showing the entire wireless communications network of the provider's twenty (20) miles in all directions from the proposed site for the time period from the filing of the application to twelve (12) months from the filing of the application, for the purpose of visually aiding cumulative environmental analysis, with and without the proposed facility or facilities, showing all hand-off sites within the above-specified area.

(7)

A graphic depiction of the search ring and all other technical criteria used in determining the proposed facility location.

(8)

Documentation which identifies failure characteristics of the facility structure or tower and demonstrates that the site and setbacks are of adequate size to contain falling debris.

(9)

Written evidence demonstrating that the selected facility structure or tower design is as visually unobtrusive as possible, given technical and engineering considerations, which indicate what type of facility is required to provide reasonably effective service and also the best technology and/or construction available to maximally achieve visual unobtrusiveness. The use of best available technology and/or construction to maximally achieve visual unobtrusiveness is mandatory.

(10)

Applicants which operate common carrier facilities (specifically, but not limited to cellular, PCS, SMR and paging service licensees of the FCC) shall provide written evidence that the applicant has provided notice to all FCC licensed wireless communications service carriers operating within the County of Butte of the plans to develop the site.

(11)

Evidence of a valid, current operating license or construction permit from the FCC or, if the applicant is not a wireless communications service provider, a user operating agreement for each and every such provider to which the applicant intends to rent space on the proposed facility.

(12)

A report, signed by a qualified radio frequency engineer licensed by the FCC, prepared pursuant to FCC OET 65, stating whether the maximum radio frequency radiation/electromagnetic radiation (RF/EMF) to be emitted by the proposed facility, taking into account all other facilities, both existing and known future facilities, at the proposed site and adjacent properties, conforms to safety standards adopted by the FCC, if applicable. The reports prepared for facilities shall conform to the reporting requirements set by the county and FCC OET 65 human exposure standards. The report shall also analyze the evidence provided in support of the proposed facility location, height and radiated power, frequency, the number of channels, and all other related data and present alternatives for the location, height and radiated power, pursuant to the requirements of this section. If the proposed facility exceeds FCC OET 65 human exposure standards, applicant shall also provide additional comprehensive technical and planning information regarding how the applicant shall protect all persons from such excessive exposure consistent with all federal and state requirements, and any additional county requirements.

(13)

Landscaping and painting plans for the completed project.

(14)

Projects in agricultural zones (A-5 through A-160) shall, prior to submitting an application for a proposed facility, submit a site plan of the proposed facility to the Butte County Agricultural Commissioner for comment and send a notification letter to all aerial agricultural applicators registered in the county informing them of the proposed site location and tower height. No hearing on an application for a proposed facility in any agricultural zone will be scheduled, nor shall any administrative permit for any such facility be issued without proof that the Butte County Agricultural Commissioner and all aerial agricultural applicators registered in the county have been notified, as specified herein.

(15)

All applications for facilities that are proposed to be located within the boundaries of any comprehensive airport land use plan or airport area of influence, as adopted or designated from time to time by the Butte County Airport Land Use Commission, shall be submitted to the department of development services, planning division, and a copy submitted to the Butte County Airport Land Use Commission for review regarding consistency with adopted comprehensive airport land use plans and for recommendations addressing potential impacts to air navigation within the airport area of influence.

(16)

The county may in its sole discretion retain an independent consultant to review either individual elements of or the entire application and advise the county at the applicant's sole expense.

(f)

Development criteria for wireless communication facilities.

(1)

Building facade-mounted facilities are subject to the following criteria:

a.

All portions of facilities projecting above the roof parapet or roof line shall be screened or hidden from view.

b.

The total of all facility panels shall not exceed greater of ten (10) percent of the square footage of the facade of the building or twenty-five (25) square feet per facade.

c.

All equipment shelters, cabinets, or other structures utilized or built in connection with the facility shall be located within the building being utilized for the facility, or on the ground outside of any setback area or required vehicle parking space, or on the roof, if screened.

d.

The lowest portion of all facilities shall be located a minimum of twenty (20) feet above grade level.

e.

No portion of the facility shall project out in any direction more than eighteen (18) inches from the facade of the building.

f.

Facilities shall be constructed or mounted and painted to blend with the predominant architecture of the building and/or shall appear to be part of the building to which the facility is attached.

(2)

Roof-mounted facilities are subject to the following criteria:

a.

All equipment shelters, cabinets, or structures utilized or built in connection with the facilities shall be located within the building being utilized for the antenna, or on the ground outside of any setback area or required vehicle parking space, or on the roof, if visually screened.

b.

Facilities affixed to towers located on the roof of buildings shall be located as close to the center of the roof as feasibly and aesthetically possible, and the height of the tower shall not exceed twenty (20) feet above the rooftop.

(3)

New monopoles or towers are subject to the following criteria:

a.

In addition to the notice requirements of section 24-25.25, new monopoles or towers proposed in or within one thousand (1,000) feet of Agricultural Zones (A-5 through A-10), Residential Zones (AR through AR-10, A-SR, FR-1 through FR-10, M-R, R-1 through R-4, R-N, RT-1 through RT-1A, SR through SR-5, R-P) or Special Zones (MHP, S-H, U, A-Z) require written notice, in a manner approved by the director of development services, to be given to owners of parcels located within a minimum radius of one thousand (1,000) feet of the parcel on which the proposed monopole or tower will be located.

b.

Monopoles or towers in Agricultural Zones (A-5 through A-10), Residential Zones (R-1 through R-4, R-N, RT-1 through RT-1A, SR through SR-5, R-P) or in a Special Zone (Zones MHP, S-H, A-Z) shall not exceed thirty (30) feet in height. The installation of and the permitting of facilities over thirty (30) feet in height is prohibited except when: (1) no feasible alternative site exists; and, (2) a denial would constitute a prohibition on the provision of the affected wireless communications service in violation of federal or state law. The burden of proof shall be on the applicant to establish both conditions.

(4)

Facilities mounted on an existing utility pole or within an antenna farm are subject to the administrative permit or minor use permit process, subject to the following criteria: An antenna farm is a lawfully established, prior to the effective date of this section. Wireless Communication Facility, which contains three (3) or more existing towers or monopoles on a single parcel or (defined as a grouping of three (3) or more lawfully established antenna towers or structures within a diameter of three hundred (300) feet from the center-most antenna tower or structure).

a.

The facility does not encroach into, under, over, or upon any public street in the unincorporated area of the county in the absence of a valid encroachment permit from the county.

b.

The facility must meet or fall within current standards and regulations of the FAA, the FCC, the County and any other agency of the federal or state government with the authority to regulate such facilities.

c.

The facility must meet all application requirements and applicable standards of this Code.

(g)

General standards.

(1)

The minimum lot area for a new wireless communication facility shall be based on required setbacks.

(2)

All facilities shall meet the following minimum setback requirements.

a.

In Agricultural Zones (A-5 through A-160), all new facilities shall be located on a lot so that the distance from the base of the facility to the parcel or lot boundary is equal to or greater than the height of the facility, except: (1) If located adjacent to an existing structure such as a barn, rice dryer, or other existing facility such that the facility will blend with the surrounding area; or (2) If adjacent property owner(s) consents in writing to a lesser distance, then the minimum setback distance required by the zone applies. Additional setback modifications may be permitted, as described in (g)(3) below.

b.

In Residential Zones (AR through AR-10, A-SR, FR-1 through FR-10, M-R, R-1 through R-4, R-N, RT-1 through RT-1A, SR through SR-5, R-P), approved PUDs, or Special Zones (MHP, S-H, U, A-Z), or sites located within three hundred (300) feet of legally established residential dwellings, all new facilities shall be located on a lot so that the distance from the base of the facility to the parcel or lot boundary is equal to or greater than the height of the facility. No setback modifications are permitted within these areas.

c.

In Commercial Zones (C-1, C-2, C-C, H-C, N-C), Industrial Zones (L-1, M-1, M-2), the TM-1 through TM-160 zone, and the TPZ-160 zone, all new facilities shall be located on a lot so that the distance from the base of the facility to the parcel, or lot boundary is equal to or greater than the height of the facility. Setback modifications may be permitted, as described in (g)(3) below.

(3)

Setback modifications may be permitted for new wireless communication facilities, as approved as part of the applicable project review process. Guidelines for the modification of setback standards are included in (g)(3)(a) and (g)(3)(b) below.

a.

For lands located within a permitted Non-Residential Zone District (A-5 through A-160, C-1, C-2, C-C, H-C, N-C, L-1, M-1, M-2, TM-1 through TM-160, TPZ-160) and located more than one thousand (1,000) feet from any Residential Zone District or existing legally established residential dwellings, setback modifications may be allowed as part of the applicable project review process if the proposed modification adheres to the following criteria:

i.

Setback distances for the facility cannot be less than setbacks for primary structures in the applicable zone district, or a minimum of twenty (20) feet, whichever is greater;

ii.

The facility is not located within an area designated within a scenic overlay designation or S-H Zone classification;

iii.

The facility is not located within five hundred (500) feet of any building or feature located on a local or state historic or cultural significance list;

iv.

The facility is not incompatible or inconsistent with an adopted airport land use plan, nor would interfere with agricultural aircraft operations;

v.

The facility does not create a hazardous condition to the general health, safety, and/or welfare.

vi.

Modifications of setback standards would not interfere with other standards or requirements addressed within this Code.

b.

For lands located within a permitted Non-Residential Zone District (A-5 through A-160, C-1, C-2, C-C, H-C, N-C, L-1, M-1, M-2, TM-1 through TM-160, TPZ-160) and located between three hundred (300) feet and one thousand (1,000) feet from any Residential Zone District or legally established Residential dwellings, setback modifications may be allowed as part of the applicable project review process if the proposed modification adheres to the following criteria:

i.

The facility complies with all conditions stated in (3)(a) above;

ii.

All lighting on the proposed facility, including identification or warning lights required by the FAA or other public agency, is oriented so as to not directly illuminate any residential use on the ground, providing that such orientation/shielding complies with FAA or other federal or state agency requirements;

iii.

The facility must be aesthetically and architecturally compatible with the surrounding environment. The new pole facility shall incorporate slim-line technology, stealth camouflaging features, and/or neutral colors;

iv.

Associated support buildings shall be designed to architecturally match the exterior of buildings in the surrounding area.

(4)

All facilities shall be designed for the minimum functional height required. The height of a facility shall be measured from the natural, undisturbed ground surface below the center of the base of said monopole or tower to the top of the monopole or tower itself or, if higher, the tip of the highest antenna or piece of equipment attached thereto. The use of best available technology and/or construction to achieve maximal visual unobtrusiveness is mandatory.

(5)

The installation of any facility shall comply with all applicable building and electrical codes. All facility operators shall submit certification from a registered structural engineer to the building division that all associated monopoles and towers in excess of thirty (30) feet in height will withstand sustained winds as required by the California Building Code.

(6)

No advertising or display is permitted on any facility.

(7)

The placement of any antenna shall not adversely affect any on-site sewage disposal system or its repair area without written approval from the division of environmental health.

(8)

The installation of a facility shall not violate any existing deed restrictions.

(9)

All facilities shall have a twelve-foot wide all-weather access to a publicly maintained road capable of supporting a forty thousand (40,000) pound fire apparatus with fifteen (15) feet of vertical clearance.

(10)

There shall be no outdoor vehicle or equipment storage except for emergency purposes.

(11)

All facilities must fall within current standards and regulations of the FAA, the FCC, and any other state and/or federal agency with the authority to regulate such facilities. If such standards and regulations are changed, the property owner or responsible party shall bring such facilities into compliance with such revised standards and regulations within ninety (90) days of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling agency.

(12)

No facility or combination of facilities shall generate, at any time, electromagnetic frequency radiation (EMF) or radio frequency radiation (RF) in excess of the FCC adopted standards for human exposure, as amended over time.

(13)

If it is found that facilities are or will be detrimental to the health, safety, or welfare of persons working or residing near such facilities, then the service provider(s) and property owner shall be jointly and solely responsible for the removal, adjustment, or replacement of the facilities. In no case shall a facility remain in operation if it is found to create a hazard to health, safety, and welfare. A facility shall not be found to create a hazard to health, safety, or welfare as a result of EMF or RF emissions from the facility so long as it meets all current standards established by the FCC, pursuant to FCC OET 65. Prior to issuance of the building permit for the installation of every facility, the applicant shall post a performance security in an amount and form determined by the director of development services that is sufficient to cover the cost of a one-time test by a radio frequency consultant selected by the county, sufficient to determine whether the facility's RF/EMF emissions comply with FCC standards. If the Facility's emissions are determined to exceed FCC standards, the applicant is required to pay for such other tests and other corrective measures as are necessary to establish compliance with FCC OET 65 and its successors and such noncompliance shall constitute sufficient grounds to commence a permit revocation hearing which may lead to permit revocation. The applicant shall cooperate in all respects with the county's consultant to assist the consultant to reach his/her conclusion.

(14)

All facilities that are not in continual use for a period of six (6) months shall be considered abandoned. Abandoned facilities are hereby designated as unlawful and as public nuisances, requiring no amortization period. Prior to issuance of the building permit for the installation of every facility, the applicant shall post a performance security in an amount and form determined by the director of development services that is sufficient to cover the cost of removal of the facility in the event that such facility is abandoned, or if the permit has been terminated for violation of its conditions by the county after hearing, or has expired, and after notice has been given to the owner/operator by the county, no application for renewal has been filed. If the director of development services determines that the facility is abandoned, the applicant may be required to remove all equipment belonging to the applicant from the premises within thirty (30) calendar days of receipt of notice to abate. If such facility is not removed within thirty (30) days, the county may remove the facility at the applicant's and/or land owner's joint and several expense.

(15)

Except for collocation, no more than one (1) facility may be placed within one thousand (1,000) feet of any other existing facility(ies), unless visual impacts are negligible, or the applicant can demonstrate that the site is a technical necessity to meet the demands of the geographic service area and the applicant's network.

(16)

All facilities are prohibited in areas of historical or aesthetic (parks, nature preserves, officially designated open space that protects the scenic values of the area) importance to the county, as determined by the appropriate hearing body. The installation of and the permitting of facilities in areas of historical importance to the county is prohibited except when: (1) no feasible alternative site exists; and, (2) a denial would constitute a prohibition on the provision of the affected wireless communications service in violation of federal or state law. The burden of proof shall be on the applicant to establish both conditions, pursuant to the board of supervisors hearing procedure described herein. All applications for facilities shall be submitted for comment to the Butte County Historical Society by the planning division.

(17)

All ground level support facilities shall be painted and/or screened from view with adequate landscaping appropriate to the surrounding environment. All aesthetic treatments, including landscaping, shall be maintained as approved for the life of the facility.

(18)

If either the director of development services determines, in the case of an administrative permit or a minor use permit, or the planning commission or board of supervisors determines, in the case of a use permit, that a proposed facility is located in an area where the purpose and intent of this section, as articulated herein, would best be served by limiting the duration of a permit, permits may be limited to a duration of five (5) years or conditioned upon the successful completion of a review conducted after five (5) years, to determine whether the applicant is using the best available technology to maximally insure visual unobtrusiveness. In such cases, the renewal of a permit or its continuation may be conditioned upon the applicant/permittee making certain modifications to the facility, such that best available technology is employed to achieve visual unobtrusiveness.

(19)

Facilities may not encroach into, under, over, above, or upon any public street in the unincorporated area of the county in the absence of a valid encroachment permit from the county.

(20)

The owner/operator of each facility shall annually submit a written verification, attested to under penalty of perjury, signed by both the owner/ operator and an FCC licensee in the employ of or retained by owner/operator, that the radio frequency radiation/electromagnetic frequency (RF/EMF) emitted by a facility conforms to safety standards set forth in FCC OET 65. The reports prepared for facilities shall conform to reporting requirements set by the FCC and the county.

(21)

Traffic resulting from the installation, operation, and maintenance of wireless communications facilities, must be kept to a minimum.

(22)

Applicants may be required to submit a development schedule if the director of development services determines that nearby property owners may be inconvenienced during construction.

(23)

Facilities shall be secured at all times to prevent access by the public.

(24)

Neither the applicant, nor any agent nor representative of the applicant shall intentionally omit or misrepresent any material fact in connection with the application. Any alleged material misrepresentation shall constitute grounds for the director of development services to commence a revocation hearing, and, if proven to exist, shall constitute sufficient grounds to revoke a permit.

(h)

Agricultural Zones—Standards.

(1)

In the Agricultural Zones (A-5 through A-160) either the director of development services or the planning commission may require that facilities be painted from a height of ten (10) feet above the ground, to the top of the facility with alternating aviation orange and white stripes and have a flashing or steady burning light installed on the top that is shielded from the ground to prevent visual impacts, unless the applicant can demonstrate that such measures are not required to ensure compatibility with established air navigation practices in the immediate area. All obstruction lighting shall be visually inspected on a regular basis to ensure proper operation. Any lighting failure or malfunction that affects a top light or flashing light regardless of its position on the tower shall be reported immediately to the department of development services and remedied in a timely manner.

(2)

In Agricultural Zones (A-5 through A-160) facilities are encouraged to be located to ensure compatibility with established and/or anticipated future air navigation practices in the immediate area, as well as to minimize the disruption of agricultural land, provided all other applicable site development standards are met.

(3)

In Agricultural Zones (A-5 through A-10) all lighting on a facility, including identification or warning lights required by the FAA or other public agency, shall be oriented/shielded so as not to directly illuminate any area on the ground within a radius of five hundred (500) feet of the tower or monopole horizontally beyond the facility site, providing that such orientation/shielding complies with FAA requirements or other federal or state agency requirements.

(4)

In Agricultural Zones (A-5 through A-10) all facilities must be aesthetically and architecturally compatible with the surrounding environment. Residentially compatible materials and veneers such as wood, brick, or stucco shall be used for associated support buildings, which shall be designed to architecturally match the exterior of residential structures in the area.

(i)

Residential Zones—Standards.

(1)

In Residential Zones (AR through AR-10, A-SR, FR-1 through FR-10, M-R, R-1 through R-4, R-N, RT-1 through RT-1A, SR through SR-5, R-P) or in Special Zones (MHP, S-H, U, A-Z) all lighting on a facility, including identification or warning lights required by the FAA or other public agency, shall be oriented so as to not to directly illuminate any area on the ground within a radius of five hundred (500) feet of the tower or monopole horizontally beyond the facility site, providing that such orientation/shielding complies with FAA or other federal or state agency requirements.

(2)

In Residential Zones (AR through AR-10, A-SR, FR-1 through FR-10, M-R, R-1 through R-4, R-N, RT-1 through RT-1A, SR through SR-5, R-P) or in Special Zones (MHP, S-H, U, A-Z) all facilities must be aesthetically and architecturally compatible with the surrounding environment. Residentially compatible materials and veneers such as wood, brick, or stucco shall be used for associated support buildings, which shall be designed to architecturally match the exterior of residential structures in the area.

(3)

In Residential Zones (AR through AR-10, A-SR, FR-1 through FR-10, M-R, R-1 through R-4, R-N, RT-1 through RT-1A, SR through SR-5, R-P) or in Special Zones (MHP, S-H, U, A-Z) only one (1) monopole or tower is permitted per parcel. Multiple facilities may be placed on the single monopole or tower to facilitate collocation in zones where permitted.

(j)

Commercial and Industrial Zones—Standards.

(1)

In Commercial Zones (C-1, C-2, C-C, H-C, N-C), or in Industrial Zones (L-1, M-1, M-2) all facilities located within an existing office or business park shall be constructed to be architecturally compatible with existing nearby structures or architectural styles including color schemes, textures and ornamentation.

(k)

Collocation Facilities—Protocol and Standards.

(A)

Notwithstanding any other provision in this section, except subsection (d) (Permit requirements), a "Collocation Facility," as defined herein, shall be permitted, subject to the issuance of a building permit, if it satisfies the following requirements:

(1)

The existing Wireless Telecommunications Collocation Facility which the Collocation Facility is proposed on or immediately adjacent to was subject to a discretionary permit and an environmental impact report was certified, or a negative declaration or mitigated negative declaration was adopted for the Wireless Telecommunications Collocation Facility in compliance with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), the requirements of Section 21166 do not apply, and the collocation facility incorporates required mitigation measures specified in that environmental impact report, negative declaration, or mitigated negative declaration.

(2)

The Collocation Facility is consistent with all requirements, including but not limited to Use Permit conditions, applicable to the existing Wireless Telecommunications Collocation Facility for which the Collocation Facility is proposed on, or immediately adjacent to.

(3)

The Collocation Facility shall be subject to all of the development and performance standards set forth in subsection (k)(E) of this section.

(B)

If a Collocation Facility is proposed on, or immediately adjacent to, an existing Wireless Telecommunications Collocation Facility which has not been subject to a County discretionary permit, as set forth in subsection (k)(A), the Wireless Telecommunications Collocation Facility shall be subject to a Minor Use Permit or a Use Permit, as set forth in subsection (d) (Permit requirements), issued on or after January 1, 2007, and shall comply with all of the following:

(1)

The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) through certification of an environmental impact report, or adoption of a negative declaration or mitigated negative declaration.

(2)

Applicable State and County requirements, including the Butte County General Plan, any applicable community plan or specific plan, and the zoning ordinance.

(3)

County requirements for a Wireless Telecommunications Collocation Facility that specifies types of wireless telecommunications facilities that are allowed to include a Collocation Facility, or types of wireless telecommunications facilities that are allowed to include certain types of Collocation Facilities; height, location, bulk, and size of the Wireless Telecommunications Collocation Facility; percentage of the Wireless Telecommunications Collocation Facility that may be occupied by Collocation Facilities; and aesthetic or design requirements for the Wireless Telecommunications Collocation Facility, including, but not limited to, applicable requirements of this section.

(4)

County requirements for a proposed Collocation Facility, including any types of Collocation Facilities that may be allowed on a Wireless Telecommunications Collocation Facility; height, location, bulk, and size of allowed Collocation Facilities; and aesthetic or design requirements for a Collocation Facility.

(C)

The County shall hold at least one (1) public hearing on the discretionary permit required pursuant to subsection (k)(B) above, and notice shall be given pursuant to Section 65091, unless otherwise required by the zoning ordinance.

(D)

For purposes of this subsection, the following definitions apply:

(1)

"Collocation Facility" means the placement or installation of wireless facilities, including antennas, and related equipment, on, or immediately adjacent to, a Wireless Telecommunications Collocation Facility. However, "Collocation Facility" shall not include the placement or installation of any facilities on a Wireless Telecommunications Collocation Facility which would add height to a Wireless Telecommunications Facility, the placement or installation of any new monopole or tower immediately adjacent to a Wireless Telecommunications Collocation Facility, or the placement or installation of any facilities on a Wireless Telecommunications Collocation Facility in a zone in which such a facility is prohibited by this section.

(2)

"Wireless Telecommunications Facility" means equipment and network components such as towers, utility poles, transmitters, base stations, and emergency power systems that are integral to providing wireless telecommunications services.

(3)

"Wireless Telecommunications Collocation Facility" means a Wireless Telecommunications Facility that includes Collocation Facilities.

(4)

"Immediately adjacent to" means within the portion of the parcel upon which the Wireless Telecommunications Collocation Facility is located which is subject to a lease, license, easement, use permit, or similar right held by a telephone corporation as defined in Section 234 of the Public Utilities Code, exclusively for the placement and operation of said Wireless Telecommunications Collocation Facility.

(E)

Development and performance standards for Collocation Facilities permitted subject to the issuance of a building permit.

1.

Submit a Hazardous Materials Release Response Plan to Butte County Environmental Health, as required by Chapter 6.95 of the California Health and Safety Code, unless exempt, as determined by Butte County Environmental Health.

2.

The installation of the Collocation Facility shall comply with all applicable building and electrical codes, as determined by the Building Division. The Collocation Facility operator shall submit certification from a registered structural engineer to the Building Division that all associated Wireless Telecommunications Facilities in excess of thirty (30) feet in height are capable of withstanding sustained winds, as required by the California Building Standards Code.

3.

Prior to installation of the Collocation Facility, provide a twelve-foot wide all-weather access to a publicly maintained road capable of supporting a forty thousand (40,000) pound fire apparatus with fifteen (15) feet of vertical clearance.

4.

No advertising or other display shall be permitted on the Collocation Facility.

5.

The placement of the Collocation Facility shall not adversely affect any on-site sewage disposal system or its repair area, without written approval from the Division of Environmental Health.

6.

The installation of the Collocation Facility shall not violate any existing deed restrictions.

7.

There shall be no outdoor vehicle or equipment storage, except for emergency purposes.

8.

The Collocation Facility shall fall within current standards and regulations of the FAA, the FCC, and any other State and/or Federal agency with the authority to regulate said Facility. If said standards and regulations are amended, the property owner or responsible party shall bring the Collocation Facility into compliance with said revised standards and regulations within ninety (90) days of the effective date of the amendment to said standards and regulations, unless a more stringent compliance schedule is required by any affected agency, and if a more stringent compliance schedule is required by any affected agency, then the Collocation Facility shall be brought into compliance with said revised standards and regulations within the required compliance schedule.

9.

Neither the Collocation Facility, nor the entire Wireless Telecommunications Facility on the site shall generate, at any time, electromagnetic frequency radiation (EMF) or radio frequency radiation (RF) in excess of the FCC adopted standards for human exposure, as amended over time.

10.

If it is found that the Collocation Facility is or will be detrimental to the health, safety, or welfare of persons working or residing near said Collocation Facility, then the service provider(s) and property owner shall be jointly and solely responsible for the removal, adjustment, or replacement of the Collocation Facility. In no case shall the said Collocation Facility remain in operation if it is found to create a hazard to health, safety, and/or welfare. The said Collocation Facility shall not be found to create a hazard to health, safety, or welfare as a result of EMF or RF emissions from said Collocation Facility, so long as it meets all current standards established by the FCC, pursuant to FCC OET 65.

11.

Prior to issuance of the building permit required by this subsection, the applicant shall post a performance security in an amount and form determined by the Director of Development Services that is sufficient to cover the cost of a one-time test by a radio frequency consultant selected by the County, sufficient to determine whether the Facility's RF/EMF emissions comply with FCC standards. If the Facility's emissions are determined to exceed FCC standards, the applicant is required to pay for such other tests and other corrective measures as are necessary to establish compliance with FCC OET 65 and its successors, and such noncompliance shall constitute sufficient grounds to commence a public nuisance abatement hearing, which may lead to abatement of the Collocation Facility. The applicant shall cooperate in all respects with the County's consultant to assist the consultant to reach his/her conclusion.

12.

Prior to issuance of a permit required by this subsection, the applicant shall post a performance security in an amount and form determined by the Director of Development Services that is sufficient to cover the cost of removal of the Facility. All Facilities that are not in continual use for a period of six (6) months shall be considered abandoned. Abandoned Facilities are hereby designated as unlawful and as public nuisances, requiring no amortization period, and shall constitute sufficient grounds to commence a public nuisance abatement hearing, which may lead to abatement of the Collocation Facility.

13.

The Facility may not encroach into, under, over, above, or upon any public street in the unincorporated area of the County in the absence of a valid encroachment permit from the County.

14.

The owner/operator of the Collocation Facility shall annually submit a written verification, attested to under penalty of perjury, signed by both the owner/operator and an FCC licensee in the employ of or retained by the owner/operator, that the radio frequency radiation/electromagnetic frequency (RF/EMF) emitted by the facility conforms to safety standards set forth in FCC OET 65. The reports prepared for the Collocation Facility shall conform to reporting requirements set by the FCC and the County. The reports shall be submitted to the Planning Division no later than January 31st of each year.

15.

The Collocation Facility shall be secured at all times to prevent access by the public.

16.

Any relocation or rearrangement of any existing public utility facilities in the area to accommodate this project shall be at the expense of the developer.

17.

There shall be no building of structures, or the storage of materials allowed over or under any existing public utility facilities, or inside any easements that exist which would infringe on public utility easement rights.

18.

The installation of Collocation Facilities allowed by this subsection requires the issuance of a building permit from the Building Division. The Building Division, based upon engineered calculations submitted by the applicant, may determine that the Wireless Telecommunications Facility cannot safely physically support the requested Collocation Facility. If this is the case, the Collocation Facility allowed on the Wireless Telecommunications Facility shall only be commensurate with what can be safely physically supported by the Wireless Telecommunications Facility, as determined by the Building Division.

19.

All equipment shelters, cabinets, or structures utilized or built in connection with the facilities shall be located within the building being utilized for the facility, or on the ground outside of any setback area or required vehicle parking space, or on the roof, if visually screened.

20.

Additional facilities shall not extend out horizontally from the pole more than the widest existing projection. The use of proximity designs is encouraged.

21.

The antennas and pole shall be painted to match the color of the existing antennas and pole or tower, and shall be painted and constructed to blend with the prevalent architecture and natural features existing on the subject site, as determined by the director of development services.

(Ord. No. 3569, § 1, 12-7-99; Ord. No. 3575, § 2, 1-11-2000; Ord. No. 3578, § 1, 1-25-2000; Ord. No. 3956, § 1, 2-13-07)

(Ord. No. 4006, § 1, 7-21-2009)

24-263 - Wineries.

A.

Purpose and Intent: The purpose of this section is to establish policies, procedures, and standards applicable to the development and operation of wineries. The goals of this section are to: (i) encourage the establishment of wineries as a viable economic activity in Butte County; (ii) encourage the activities associated with wineries throughout the state that have enabled wineries to prosper, including providing wine tasting for visitors and special events on site; (iii) encourage the tourism industry in Butte County by providing an additional destination activity; (iv) establish standards for the operation of wineries that will protect neighboring properties and the environment in general, and are appropriate based on the size and character of the winery operation under review; and (v) encourage agricultural activities associated with the wine industry.

B.

Applicability: The provisions of this Ordinance shall apply to all facilities operated for the purpose of production of wine from grape or other products, including facilities providing space and accommodation for wine tasting and special events.

C.

Definitions: The following definitions shall apply in connection with the interpretation and application of this Section:

(1)

Small winery-commercial facilities: A commercial winery producing seven thousand five hundred (7,500) or fewer cases of wine per year with on-site wine grape production.

(2)

Large winery-commercial facilities: A commercial winery producing less than fifteen thousand (15,000) cases, and more than seven thousand five hundred (7,500) cases of wine per year with on-site wine grape production.

(3)

Very large winery-commercial facilities: A commercial winery producing fifteen thousand (15,000) or more cases of wine per year with on-site wine grape production.

(4)

Winery-industrial: A winery located on a parcel that has no active on-site wine grape production.

D.

Permitting Requirements: All wineries are subject to the following land use permitting requirements in specified zone districts, in addition to all applicable requirements of this Chapter.

AP=Administrative Permit

MUP=Minor Use Permit

UP=Use Permit

E.

Small Winery-Commercial Facilities: Provided that a parcel meets the requirements specified in Section E-1 below, the parcel shall be entitled to the uses described in Section E-2, in addition to any other uses allowed under the zoning which applies to the parcel.

(1)

Requirements:

(a)

Landowner shall obtain the permit specified in subsection D above.

(b)

The parcel shall be licensed by State of California Department of Alcohol Beverage Control, license Type 02 "Winegrower."

(c)

The premises shall have a minimum parcel size of three (3) acres.

(d)

If the winery is accessed only via a private road, an Administrative Permit is required, and shall require the applicant to pay its fair share of the road maintenance costs.

(e)

Landowner shall provide the Department of Development Services with copies of its wine production reports submitted to the Bureau of Alcohol, Tobacco and Firearms or other similar agency.

(2)

Allowed Uses:

(a)

Growing and harvesting grapes and other products suitable for wine processing and bottling of grapes and grape products produced on the premises up to seven thousand five hundred (7,500) cases per year.

(b)

Processing and bottling of grapes and grape products produced off the winery premises up to seven thousand five hundred (7,500) cases per year.

(c)

Sale of wine for consumption off premises whether grown or produced on premises or off.

(d)

Sale of merchandise related to wine or the winery.

(e)

Wine tasting involving serving wine to the public for the purpose of sampling the wine, subject to the following restrictions:

(i)

Wine tasting shall be limited to three (3) days per week.

(ii)

No buses or tour vans shall be allowed.

(iii)

Notwithstanding Section 24-240 Parking Regulations a minimum of four (4) and a maximum of ten (10) paved or unpaved parking areas shall be provided in addition to any required for the handicapped pursuant to Section 1l-29B of the California Building Code. Covered and garage parking shall not count towards the total maximum parking. No on-street parking shall be allowed.

(iv)

Use of outdoor amplified music shall be prohibited.

(v)

Sanitary facilities and domestic water shall be provided pursuant to the requirements of environmental health department.

F.

Large Winery-Commercial Facilities: Provided that a parcel meets the requirements specified in Section F-1 below, the parcel shall be entitled to the uses described in Section F-2, in addition to any other uses allowed under the zoning which applies to the parcel.

(1)

Requirements:

(a)

Landowner shall obtain the permit specified in Section D above.

(b)

Landowner shall comply with all the requirements of Small Winery-Commercial Facilities.

(2)

Allowed Uses:

(a)

All uses allowed in the Small Winery-Commercial Facility numbered E-2 (a) through 2 (d).

(b)

Wine tasting involving serving wine to the public for the purpose of sampling the wine, subject to the following restrictions:

(i)

Use of outdoor amplified music shall be prohibited.

(ii)

Sanitary facilities and domestic water shall be provided pursuant to the requirements of environmental health department.

(iii)

Notwithstanding Section 24-240 Parking Regulations, a minimum of four (4) and a maximum of twenty (20) paved or unpaved parking places are required in addition to any required for the handicapped pursuant to Section 11-29B of the California Building Code. Covered and garage parking spaces do not count towards to the total maximum parking place requirement. One (1) parking place per employee is required. No on-street parking is allowed.

(iv)

Bus and van access is permitted provided that there shall be a minimum of seven (7) car-sized parking places and adequate access to accommodate bus turning movements.

(c)

Sit-down restaurant type food service is permitted with a separate Use Permit.

(d)

Special events such as weddings, dances, assemblies and craft fairs shall be allowed subject to the following restrictions. At special events the sale of non-wine related goods shall be permitted.

(i)

No such special events shall be permitted on land designated Orchard or Field Crop by the General Plan.

(ii)

Any such special event shall require a separate Minor Use Permit for the first event and an Administrative Permit for each subsequent similar event. The permit for the special event shall specify the following:

(a)

Specific date.

(b)

Specific hours of operation with a maximum of twelve (12) hours per day.

(c)

No more than two hundred (200) people per event at any one time.

(d)

No more than twelve (12) special events per calendar year are allowed.

(e)

Such other restrictions as Butte County may deem prudent.

G.

Very Large Winery-Commercial Facilities: Provided that a parcel meets the requirements specified in Section G-l below, the parcel shall be entitled to the uses described in Section G-2, in addition to any other uses allowed under the zoning which applies to the parcel.

(1)

Requirements:

(a)

Landowner shall obtain the permit specified in Section D above.

(b)

Landowner shall comply with all the requirements for a Large Winery-Commercial Facility.

(2)

Allowed Uses:

(a)

All uses allowed under the Large Winery-Commercial Facility.

(b)

Production of wine without quantity limitation.

(c)

Parking subject to Use Permit conditions.

(d)

Bus and van access subject to Use Permit conditions.

(e)

Unlimited number of special events. Such special event shall require a separate Minor Use Permit for the first event and an Administrative Permit for each subsequent similar event. The permit for the special event shall specify the following:

(i)

Specific date.

(ii)

Specific hours of operation with a maximum of twelve (12) hours per day.

(iii)

No more than two hundred (200) people per event at any one time.

(iv)

No more than twelve (12) special events per calendar year are allowed.

H.

Winery-Industrial: Provided that a parcel meets the requirements specified in Section H-l below, the parcel shall be entitled to the uses described in Section H-2, in addition to any other uses allowed under the zoning which applies to the parcel.

(1)

Requirements: Landowner shall obtain the permit specified in Section D above.

(2)

Allowed Uses:

(a)

All uses allowed for the Very Large Winery-Commercial facility.

(b)

Production of wine and grape juice from grapes exclusively produced off premises.

I.

Signage:

(1)

Signage in connection with the operation of any winery allowed in this Section shall be subject to review and approval as part of the permit review procedure required for such winery.

(2)

Off-site signs for wineries may be permitted, provided that any such signage shall be permitted only in conjunction with the Administrative Permit, Minor Use Permit, or Use Permit, with appropriate conditions.

(Ord. No. 3815, § 1, 2-26-2002)

24-264 - Large retail projects.

A.

Allowed Only in Specified Zones Subject to Use Permit Requirement.

1.

Notwithstanding any provision in this Code or any regulation to the contrary, the construction and operation of Large Retail Projects, as defined herein, is prohibited unless and until a Use Permit is approved and issued after at least one (1) public hearing has been held pursuant to the process set forth in Butte County Code Sections 24-45 et seq. Further, said use shall only be allowed in the C-1 (Light Commercial), C-2 (General Commercial), and C-C (Community Commercial) zoning districts. Large Retail Projects in the C-C (Community Commercial) zoning district shall be limited to one hundred thousand (100,000) square feet or less.

B.

Definitions.

1.

Facade: the front of a building and/or any of its sides facing a public right-of-way, which side is predominantly visible from a public right-of-way or public park.

2.

Large Retail Project: Any new commercial retail project, the total gross building area of which equals or exceeds fifty thousand (50,000) square feet, including, but not limited to, mercantile uses and/or shopping center uses. For the purpose of determining the building area, multiple buildings located closer than twenty (20) feet together shall be considered one (1) building.

3.

Light Source: a complete lighting unit consisting of a lamp and all necessary mechanical, electrical and decorative parts, such as reflectors (mirrored enclosures surrounding the lamp), refractors (glass or plastic enclosures surrounding the lamp) and lenses, designed to direct light rays.

4.

Outdoor Light Fixtures: all outdoor illuminating devices, reflective surfaces, lamps and other devices, either permanently installed or portable, which are used for illumination or advertisement. Such devices shall include, but are not limited to, search, spot and floodlights for:

a.

Buildings and structures;

b.

Recreational areas;

c.

Parking lot lighting;

d.

Landscape lighting;

e.

Billboards and other signs;

f.

Street lighting;

g.

Product display lighting;

h.

Building overhangs and open canopies.

C.

Design Standards for Large Retail Projects.

1.

Purpose. These standards are intended to provide developers of large retail building development with guidelines for creating safe, efficient, pedestrian-friendly projects with human scale orientation, while discouraging large, nondescript buildings and "unfriendly" pedestrian design, limited landscaping and vast non-shaded parking lots. Further, enhanced Large Retail Project design will accomplish the following objectives:

a.

Encourage large, single building construction with definition and good architectural design rather than enormous, warehouse appearance with unbroken, blank walls. Good design encourages clearly defined entryways, articulated roof lines to prevent monotony, pedestrian amenity areas and concealment of unsightly mechanical structures from public view;

b.

Encourage pedestrian-oriented design which effectively resolves the incompatibility between pedestrians and motorists, while providing interconnectivity between buildings, parking areas and other internal/external components;

c.

Encourage parking lot design which meets vehicular needs, while providing a safe, efficient comfortable pedestrian flow;

d.

Encourage adequate landscaping that allows large buildings and their components to blend with their surroundings, while providing screening and shade for the public benefit and mitigating air pollution and excessive heat gain which emanate from large impervious parking areas;

e.

Encourage enhanced lighting and signage design, to enhance public safety while avoiding forms of nuisance and intrusiveness into adjacent areas.

2.

Design Standards. The following standards shall be required for all Large Retail Projects:

a.

Facades.

(1)

No uninterrupted and/or unadorned length of any portion of the facade shall exceed twenty (20) feet in length, and shall include one (1) or more of the following: architectural features such as pilasters, column, canopies/porticos, arcades, colonnades and/or parapets. At least one (1) architectural feature shall be required on each wall plane.

(2)

Multiple Stores within a Single Building. Where a Large Retail Project contains individual stores that are less than fifty thousand (50,000) square feet of gross floor area each, with separate, exterior customer entrances, the street level facade of each store shall provide fenestration along the horizontal length of the building facade of each store.

b.

Materials. Predominant exterior building material should include architectural or split face block, brick, glass, wood, stucco, artificial stucco, stone or concrete with architectural finish.

c.

Entryways. Customer entrances shall be clearly defined and should include at least two (2) of the following features: canopies/porticos, overhangs, recesses/projections, arcades, raised above-the-doorway cornice parapets, peaked roof forms, arches, outdoor patios, display windows, integrated architectural details such as tile work, moldings, planters or wing walls and/or landscaped sitting areas.

d.

Service Areas. Service areas which include areas designated for loading and unloading of goods and refuse collection shall be buffered from right-of-ways and residentially zoned areas. Buffering shall consist of construction of a wall between the service area and abutting land use. All other applicable site development standards and regulations must be met in addition to this requirement.

e.

Roofs. Flat roof lengths longer than one hundred (100) feet in length, rooftop equipment and heating, ventilating and air conditioning (HVAC) units shall be concealed from any facade view by adjacent land uses of lesser intensity and public rights-of-way.

f.

Pedestrian Circulation. Large Retail Projects shall encourage pedestrian-oriented ingress and egress through design features that enhance pedestrian safety, efficiency and connectivity with a clear definition between vehicular areas and pedestrian walkways.

g.

Parking Areas. Parking lots and access aisle-ways shall be designed utilizing the following standards:

(1)

Parking Lot Design. Vast unbroken parking lots are prohibited. The design of parking lot separators shall consider pedestrian movements, conflict points with vehicles, site distance and angles, security site lighting and safety within the parking lot area. A pedestrian access way shall be provided to main customer entrances. The parking lot shall be designed with traffic calming features along the fire lanes fronting the building facades, as determined by the Planning Commission which shall consider the recommendations of the County Fire Chief and the Director of Public Works. Parking lots shall be designed to reduce vehicle movement along the fire lane. Alternative designs that incorporate existing natural resources are encouraged, subject to approval by the Planning Commission.

(2)

Parking Spaces. The total number of parking spaces shall be determined in accordance with Section 24-240, except that the Planning Commission may grant a variance from the formula set forth in Section 24-240 if it also approves specific measures for the mitigation of impacts to traffic safety and available parking due to outdoor displays and sales. All parking areas and other site improvements must be designed and maintained and shall be located and configured in such a manner as to provide the maximum feasible degree of flood control/runoff management and aquifer recharge for the site. Runoff from the site shall not contribute to or cause an increase from pre-development conditions in peak runoff. Runoff from the site shall not create a Public Nuisance, as that term is defined in Chapter 32A, nor constitute a private nuisance to any nearby property.

h.

Landscaping. The following landscaping standards shall be incorporated into the design of all large retail projects:

(1)

Foundation. Foundation landscaping may be required.

(2)

Parking Areas. Every ten (10) spaces shall be designed with a minimum four hundred (400) square feet of landscaping to be placed in medians or islands. Grouping of landscaped islands is encouraged to promote the healthy growth of larger trees. Alternative designs are subject to approval by the Planning Commission.

(3)

Fifty (50) Percent Area Shading Required. Trees shall be planted and maintained in planters or landscaped areas so that at tree maturity, fifteen (15) years, at least fifty (50) percent of the total paved parking area, not including the entrance drives, shall be shaded at solar noon on June 21. The Planning Commission may require that the applicant plant and maintain trees of a specified size. On sites with poor soils and/or drainage, additional installation measures may be required to ensure that the shading standard can be reached within a reasonable time after project approval.

(4)

Perimeter Buffer. A perimeter buffer may be required along the full length of all streets serving a Large Retail Project.

i.

Signage. Subject to the restrictions set forth in Business and Professions Code Section 5200 et seq., signage shall be designed as part of an integrated project design. The location(s) and design shall be reviewed and approved as part of the overall site plan. The predominant sign material shall be compatible with the principal building design. Notwithstanding the restrictions set forth in Business and Professions Code Section 5200 et seq., signage shall not create a Public Nuisance, as that term is defined in Chapter 32A, nor constitute a private nuisance to any nearby property. This subsection (i) does not apply to site directional signage or traffic control signage.

j.

Outdoor Displays and Sales.

(1)

Any permanent display areas not within the building which face a public right-of-way shall be shielded from view by a wall and incorporated into the overall design of the building. As an alternative, landscaping of the display area in lieu of a solid wall with a minimum height of four (4) feet may be utilized.

(2)

Outdoor displays and sales shall occur only in approved area(s). The location(s) and design of outdoor displays and sales areas shall be reviewed and approved as part of the overall site plan. Outdoor displays and sales areas shall not create a Public Nuisance, as that term is defined in Chapter 32A, or constitute a private nuisance to any nearby property.

k.

Lighting. Lighting shall not cause off-site glare. In the event that off-site glare results from lighting on the premises of a Large Retail Project, measures shall be taken to eliminate such glare.

D.

Compliance. In order to ensure that the development standards required in this chapter are adhered to, in addition to the application requirements of Section 24-45, at a minimum each application for a Large Retail Project shall include a complete site plan drawn to scale, with overlays or separate drawings depicting all of the following:

1.

The exact location of each building;

2.

The design of all traffic and parking areas, showing all adjacent public and private streets and roads, traffic signals, traffic lanes, entry ways, fire lanes and all parking areas, including, but not limited to, a depiction of each required fire lane and parking space;

3.

A complete landscaping plan depicting vegetation, location, species and size;

4.

All designated service areas;

5.

All pedestrian walkways and sidewalks;

6.

A complete lighting plan, showing location and type of all lighting, including, but not limited to, building, signage and parking illumination, including specifications on height, intensity or brightness, radiation pattern and required light shielding;

7.

All signage, including location, height, lighting and content;

8.

A colored facade rendering for each building, except that this requirement may be waived by the Director of Development Services;

9.

Designated outdoor display and sales area(s).

E.

Conflicts with California Building Code. In case of any conflict between these requirements and the California Building Code, the California Building Code shall prevail.

F.

Violations. Notwithstanding any provision of this Code to the contrary, including, but not limited to, the definitions of Public Nuisance set forth in Section 32A-2, any violation of any provision of this Section 24-264 is a public nuisance per se, and the Director of Development Services may utilize the nuisance abatement procedure and provisions of Chapter 32A, as well as all other remedies now or hereafter available, to abate or otherwise regulate or prevent violations of this Section 24-264

(Ord. No. 3870, § 2, 2-10-04)

24-265 - Day care facilities.

(a)

Purpose and intent. Quality, affordable, conveniently located, licensed child care is essential to the well being of the citizens of Butte County The purpose of this code section is to facilitate the establishment of licensed family day care facilities in a manner which simplifies the review process while ensuring conformance with applicable standards to protect residential neighborhoods.

(b)

Definitions:

(1)

Small family day care. A residential day care facility for six (6) or fewer children, as defined in chapter 3.4, article I, section 1596.79 of the California Health and Safety Code, Child Care Act.

(2)

Large family day care. A residential day care facility for seven (7) to twelve (12) children, as defined in chapter 3.4, article I, section 1596.79 of the California Health and Safety Code, Child Care Act.

(c)

Allowed uses. Small family day care facilities shall be permitted in all zones that allow a single-family residential use subject to the permitting requirements of each zone.

(d)

Minor use permit required. Large family day care facilities shall be an allowed use in all zones that allow a single-family residential use, subject to obtaining a minor use permit pursuant to section 24-41 of the Butte County Code.

(e)

Standards and conditions. Large family day care facilities allowed by minor use permit shall meet all of the following minimum standards and conditions:

(1)

The facility is a single-family residence that is the principal residence of the provider and the use is clearly incidental and secondary to the use of the property for residential purposes.

(2)

Properties proposed for large family day care shall be located at least five hundred (500) feet driving distance from any other large family day care property and the granting of the permit shall not result in any residence being bounded on more than one (1) side by a large family day care.

(3)

Large family day care homes shall meet the following traffic control measures:

a.

In addition to providing the required number of parking spaces for the residential use, one (1) off-street parking space for each employee of the facility and one (1) off-street parking space/loading area shall be provided. The driveway area may be used to meet this requirement.

b.

Large family day care homes located on principal or minor arterial roads as designated by the general plan circulation element shall provide drop-off and pick-up areas which prevent vehicles from backing onto such roads.

c.

Properties proposed for large family day care homes shall have frontage on and access off a paved road. Roads that are constructed for the purpose of meeting this requirement shall meet the RS-4C standard as contained in the Butte County improvement standards contained in chapter 20 of the Butte County Code.

(4)

One (1) sign, not to exceed three (3) square feet, shall be allowed.

(5)

The large family day care home shall be licensed by the California Department of Social Services, Community Care Licensing.

(6)

Meet all state fire marshal regulations pertaining to large family day care facilities.

(7)

The applicant must meet all other applicable county and state ordinances, statutes, and regulations.

(8)

Facilities not meeting the above standards shall require a conditional use permit to operate.

(Ord. No. 3176, § 1(Exh. A), 1-24-95)

24-266—24-269 - Reserved.

24-270 - Home occupations.

(1)

Permitted uses. The following uses shall pertain to all zones that allow a residential use subject to an administrative permit pursuant to section 24-40

(a)

Sale of agricultural goods produced on the premises.

(b)

Indoor display and sale of arts and crafts goods products on the premises, including pottery, jewelry, paintings, sculpture, furniture, photographs, leatherwork and similar objects.

(c)

Professional offices and services.

(d)

Offices and services conducted primarily by mail or telephone.

(e)

Domestic services, including laundry ironing, sewing and similar uses.

(f)

Other services conducted within a residential dwelling.

(2)

Prohibited uses. The following uses shall be prohibited as a home occupation:

(a)

Auto repair, auto sales, auto dismantling.

(b)

On-sale or off-sale alcohol sales.

(3)

Standards. Notwithstanding any provision to the contrary in this chapter, home occupations as defined in section 24-305.195 are allowed in all zones which allow dwellings and mobile homes subject to the following conditions:

(a)

Employment and work on home occupations shall be limited to members of the family residing on the premises and shall be conducted entirely within their dwelling and auxiliary buildings, except for agricultural uses.

(b)

On-premises advertising for home occupations shall be limited to one (1) unlighted sign with not more than three (3) square feet of display area, and such sign shall not be located in any required yard.

(c)

All equipment, materials and wastes connected with home occupations shall be contained within a building, except for agricultural products.

(4)

Standards in the FR zones. In exception to the above standards the following shall apply to all FR zones as listed in section 24-110

(a)

Home occupations are considered to be accessory to the residential use and are permitted only when the proprietor resides on the premises.

(b)

Not more than one (1) employee or assistant may be engaged for work or service on the premises in connection with such uses.

(c)

Advertising displays shall be limited to one (1) unlighted sign of not more than six (6) square feet of display area. Such sign shall not be located in any required yard.

(5)

Use permit required. In cases where home occupations are objectionable or become objectionable, because of noise, odor, smoke, dust, bright light, vibration, pollution, traffic congestion, unsafe access or the handling of explosives or dangerous materials, a use permit shall be required.

(Ord. No. 3176, § 1(Exh. A), 1-24-95)

24-271—24-274 - Reserved.

24-275 - Recycling facilities.

(a)

Permits required. No person shall permit the placement, construction or operation of any recycling facility without first obtaining a permit pursuant to the provisions set forth in this section. Recycling facilities may be permitted as set forth in the following table:

In addition to the permits described in the above table a reverse vending machine(s) or a small collection facility may also be allowed in special zones which allow uses permitted in commercial or industrial zones with an administrative or site development permit subject to the fee set by resolution of the board of supervisors.

(b)

Permits for multiple sites. A single administrative permit may be granted to allow more than one (1) reverse vending machine(s) or small collection facility located on different sites under the following conditions:

(1)

The operator of each of the proposed facilities is the same.

(2)

The proposed facilities are determined by the director of development services to be similar in nature, size and intensity of activity

(3)

All of the applicable criteria and standards set forth in subsection (b) are met for each such proposed facility.

(c)

Criteria and standards. Those recycling facilities permitted with an administrative permit shall meet all of the applicable criteria and standards listed. Those recycling facilities permitted with a use permit or site development permit shall meet the applicable criteria and standards, provided that the director of development services, planning commission or board of supervisors, as the case may be, may relax such standards or impose stricter standards as an exercise of discretion upon a finding that such modifications are reasonably necessary in order to implement the general intent of this section and the purposes of this Code.

The criteria and standards for recycling facilities are as follows:

(1)

Reverse vending machine(s). Reverse vending machine(s) located within a commercial structure do not require discretionary permits. Reverse vending machines do not require additional parking spaces for recycling customers and may be permitted in all commercial and industrial zones with an administrative use permit provided that they comply with the following standards:

a.

Shall be established in conjunction with a commercial use or community service facility which is in compliance with the zoning, building and fire codes of the County of Butte.

b.

Shall be located within thirty (30) feet of the entrance to the commercial structure and shall not obstruct pedestrian or vehicular circulation.

c.

Shall not occupy parking spaces required by the primary use.

d.

Shall occupy no more than fifty (50) square feet of floor space per installation, including any protective enclosure, and shall be no more than eight (8) feet in height.

e.

Shall be constructed and maintained with durable waterproof and rustproof material.

f.

Shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative.

g.

Shall have a sign area or a maximum of four (4) square feet per machine, exclusive of operating instructions.

h.

Shall be maintained in a clean, litter-free condition on a daily basis.

i.

Operating hours shall be at least the operating hours of the host use.

j.

Shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn.

(2)

Small collection facilities. Small collection facilities may be sited in commercial and industrial zones with an administrative permit provided they comply with the following conditions:

a.

Shall be established in conjunction with an existing commercial use or community service facility which is in compliance with the zoning, building and fire codes of the County of Butte.

b.

Shall be no larger than five hundred (500) square feet and occupy no more than five (5) parking spaces not including space that will be periodically needed for removal of materials or exchange of containers.

c.

Shall be set back at least ten (10) feet from any right-of-way line and shall not obstruct pedestrian or vehicular circulation.

d.

Shall accept only glass, metals, plastic containers, papers and reusable items. Used motor oil may be accepted with permission of the local public health official.

e.

Shall use no power-driven processing equipment except for reverse vending machines.

f.

Shall use containers that are constructed and maintained with durable waterproof and rustproof material, covered when site is not attended, secured from unauthorized entry or removal of material, and shall be of a capacity sufficient to accommodate materials collected and collection schedule.

g.

Shall store all recyclable material in containers or in the mobile unit vehicle, and shall not leave materials outside of containers when attendant is not present.

h.

Shall be maintained free of litter and any other undesirable materials, and mobile facilities, at which truck or containers are removed at the end of each collection day, shall be swept at the end of each collection day.

i.

Shall not exceed noise levels of sixty (60) dB as measured at the property line of residentially zoned or occupied property, otherwise shall not exceed seventy (70) dB.

j.

Attended facilities located within one hundred (100) feet of a property zoned or occupied for residential use shall operate only during the hours between 9:00 a.m. and 7:00 p.m.

k.

Containers for the twenty-four-hour donation of materials shall be at least thirty (30) feet from any property zoned or occupied for residential use unless there is a recognized service corridor and acoustical shielding between the containers and the residential use.

1.

Containers shall be clearly marked to identify the type of material which may be deposited; the facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation, and display a notice stating that no material shall be left outside the recycling enclosure or containers.

m.

Signs may be provided as follows:

1.

Recycling facilities may have identification signs with a maximum of twenty (20) percent per side or sixteen (16) square feet, whichever is larger, in addition to informational signs required in subsection (2)1.; in the case of a wheeled facility, the side will be measured from the pavement to the top of the container.

2.

Signs must be consistent with the character of the location.

3.

Directional signs, bearing no advertising message, may be installed with the approval of the director of development services if necessary to facilitate traffic circulation, or if the facility is not visible from the public right-of-way.

4.

The director of development services or designated staff representative may authorize increases in the number and size of signs upon finding that it is compatible with adjacent businesses.

n.

The facility shall not impair the landscaping required by local ordinances for any concurrent use by this chapter or any permit issued pursuant thereto.

o.

No additional parking spaces will be required for customers of a small collection facility located at the established parking lot of a host use. One (1) space will be provided for the attendant, if needed.

p.

Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present.

q.

Occupation of parking spaces by the facility and by the attendant may not reduce available parking spaces below the minimum number required for the primary host use unless all of the following conditions exist:

1.

The facility is located in a convenience zone or a potential convenience zone as designated by the California Department of Conservation.

2.

A parking study shows that existing parking capacity is not already fully utilized during the time the recycling facility will be on the site.

3.

The permit will be reconsidered at the end of eighteen (18) months.

A reduction in available parking spaces in an established parking facility may then be allowed as follows:

For a commercial host use:

For a community facility host use: A maximum five (5) spaces reduction will be allowed when not in conflict with parking needs of the host use.

r.

If the permit expires without renewal, the collection facility shall be removed from the site on the day following permit expiration.

(3)

Large collection facilities. A large collection facility is one that is larger than five hundred (500) square feet, or is on a separate property not appurtenant to a host use, and which may have a permanent building. A large collection facility is permitted in neighborhood and light commercial zones with a conditional use permit and in other commercial and industrial zones with a site development permit, provided the facility meets the following standards:

a.

Facility does not abut a property zoned or planned for residential use.

b.

Facility will be screened from the public right-of-way by operating in an enclosed building or:

1.

Within an area enclosed by an opaque fence at least six (6) feet in height with landscaping.

2.

At least two hundred fifty (250) feet from property zoned or planned for residential use; and

3.

Meets all applicable noise standards in this chapter.

c.

Setbacks and landscape requirements shall be those provided for the zoning district in which the facility is located.

d.

All exterior storage of material shall be baled, palletized or in sturdy containers which are covered, secured, and maintained in good condition. Storage containers for flammable material shall be constructed of nonflammable material. Oil storage must be in containers approved by the Butte County fire department and environmental health division. No storage, excluding truck trailers and overseas containers, will be visible above the height of the fencing.

e.

Site shall be maintained free of litter and any other undesirable materials, and will be cleaned of loose debris on a daily basis.

f.

Space will be provided on site for six (6) vehicles or the anticipated peak customer load, whichever is higher, to circulate and to deposit recyclable materials, except where the director of development services determines that allowing overflow traffic above six (6) vehicles is compatible with surrounding businesses and public safety.

g.

One (1) parking space will be provided for each commercial vehicle operated by the recycling facility. Parking requirements will be as provided for in the zone, except that parking requirements for employees may be reduced when it can be shown that parking spaces are not necessary such as when employees are transported in a company vehicle to a work facility.

h.

Noise levels shall not exceed sixty (60) dB as measured at the property line of residentially zoned property, or otherwise shall not exceed seventy (70) dB.

i.

If the facility is located within five hundred (500) feet of property zoned, planned or occupied for residential use, it shall not be in operation between 7:00 p.m. and 7:00 a.m.

j.

Any containers provided for after-hours donation of recyclable materials will be at least fifty (50) feet from any property zoned or occupied for residential use, shall be of sturdy, rustproof construction, shall have sufficient capacity to accommodate materials collected, and shall be secure from unauthorized entry or removal of materials.

k.

Donation areas will be kept free of litter and any other undesirable material, and the containers will be clearly marked to identify the type of material that may be deposited; facility shall display a notice stating that no material shall be left outside the recycling containers.

l.

Facility will be clearly marked with the name and phone number of the facility operator and the hours of operation; identification and informational signs will meet the standards of the zone; and directional signs, bearing no advertising message, may be installed with the approval of the director of development services, if necessary, to facilitate traffic circulation or if the facility is not visible from the public right-of-way.

m.

Power-driven processing, including aluminum foil and can compacting, baling, plastic shredding, or other light processing activities necessary for efficient temporary storage and shipment of material, may be approved through a use permit process or at the discretion of the director of development services if noise and other conditions are met.

(4)

Processing facilities. A light processing facility is permitted in heavy commercial zones and light industrial zones with a conditional use permit. A large processor is permitted in light industrial zones with a conditional use permit. All processors are permitted in heavy industrial or manufacturing zones with a site development permit or according to the practice of the County of Butte for similar uses.

A processor will meet the following conditions:

a.

Facility does not abut a property zoned or planned for residential use.

b.

In a commercial or light industrial zone, processors will operate in a wholly enclosed building except for incidental storage; or:

1.

Within an area enclosed on all sides by an opaque fence or wall not less than eight (8) feet in height and landscaped on all street frontages.

2.

Located at least one hundred fifty (150) feet from property zoned or planned for residential use.

c.

Power-driven processing shall be permitted, provided all noise level requirements are met. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated materials and repairing of reusable materials.

d.

A light processing facility shall be no larger than forty-five thousand (45,000) square feet and shall have no more than an average of two (2) outbound truck shipments of material per day and may not shred, compact or bale ferrous metals other than food and beverage containers.

e.

A processing facility may accept used motor oil for recycling from the generator in accordance with section 25250.11 of the California Health and Safety Code.

f.

Setbacks and landscaping requirements shall be those provided for the zoning district in which the facility is located.

g.

All exterior storage of material shall be baled, palletized or in sturdy containers or enclosures which are covered, secured, and maintained in good condition. Storage containers for flammable material shall be constructed of nonflammable material. Oil storage must be in containers approved by the Butte County fire department and environmental health division. No storage, excluding truck trailers and overseas containers, will be visible above the height of the fencing.

h.

Site shall be maintained free of litter and any other undesirable materials, and will be cleaned of loose debris on a daily basis and will be secured from unauthorized entry and removal of materials when attendants are not present.

i.

Space shall be provided on site for the anticipated peak load of customers to circulate, park and deposit recyclable materials. If the facility is open to the public, space will be provided for a minimum of ten (10) customers or the peak load, whichever is higher, except where the director of development services determines that allowing overflow traffic is compatible with surrounding businesses and public safety.

j.

One (1) parking space will be provided for each commercial vehicle operated by the processing center. Parking requirements will otherwise be as mandated by the zone in which the facility is located.

k.

Noise levels shall not exceed sixty (60) dB as measured at the property line of residentially zoned or occupied property, or otherwise shall not exceed seventy (70) dB.

l.

If the facility is located within five hundred (500) feet of property zoned or planned for residential use, it shall not be in operation between 7:00 p.m. and 7:00 a.m. The facility will be administered by on-site personnel during the hours the facility is open.

m.

Any containers provided for after-hours donation of recyclable materials will be at least fifty (50) feet from any property zoned or occupied for residential use; shall be of sturdy, rustproof construction; shall have sufficient capacity to accommodate materials collected; and shall be secure from unauthorized entry or removal of materials.

n.

Donation areas shall be kept free of litter and any other undesirable material. The containers shall be clearly marked to identify the type of material that may be deposited. Facility shall display a notice stating that no material shall be left outside the recycling containers.

o.

Sign requirements shall be those provided for the zoning district in which the facility is located. In addition, the facility will be clearly marked with the name and phone number of the facility operator and the hours of operation.

p.

No dust, fumes, smoke, vibration or odor above ambient level may be detectable on neighboring properties.

(Ord. No. 3176, § 1(Exh. A), 1-24-95)

24-276—24-279 - Reserved.

24-280 - Second dwelling units.

When a second dwelling unit listed as an accessory use in a zone district, as specified in Article III, and subject to applicable permitting requirements, the provisions of this section shall apply.

(a)

Purpose and intent. The purpose and intent of this section is to provide clear and concise provisions for the location and construction of second dwelling units in conformance with section 65852.2 of the California Government Code, while preserving the character and integrity of various nonresidential zones in the county and conforming to the policies of the Butte County General Plan.

(b)

Excluded areas. Second dwelling units may be prohibited on: (1) Land subject to Land Conservation Act Contracts and per the County Resolution implementing the Williamson Act; (2) Where specific findings are made that due to adverse health, safety and welfare impacts a particular area or a particular project cannot (for the reasons enumerated) support second dwelling units; (3) Land within Zones B1, B2 and C1 of the 2000 Airport Land Use Compatibility Plan; (4) North Chico Specific Plan Area; (5) Agricultural zones, i.e. A-5 through A-160; (6) Land within the "WP" (Watershed Protection) Overlay Zone.

(c)

Standards and conditions. The following standards shall apply to all second dwelling units:

(1)

Site requirements. A parcel or lot proposed for a second dwelling unit shall comply with all of the following requirements:

a.

The parcel or lot shall be any legal lot within a residential zone district, as well as the following nonresidential zone districts that allow single-family dwellings as a primary use of right: H-C; N-C; R-P; TM; PUD; S-H; and U.

b.

A second dwelling unit cannot be placed on a parcel or lot that already has more than one (1) dwelling unit on it, including a temporary mobile home, as provided in sections 24-295 and 24-295.10 of this Code. Nothing in this section shall limit or restrict the construction of one (1) guest house, as defined in Article VI of this chapter, on a parcel that has a second dwelling unit, provided the guest house meets all applicable Butte County codes and regulations as listed for an allowed use in a zoning district. Dwelling units in excess of a second dwelling unit are only permitted when multiple dwelling units are listed as one (1) of the uses allowed in a zone district.

c.

The main dwelling must conform to all of the standards of the applicable zoning district, including, but not limited to, setback requirements.

(2)

Development standards. Second dwelling units (attached or detached) shall meet all of the following standards and conditions:

a.

No more than one (1) second dwelling unit shall be allowed on any parcel or lot. Multiple dwellings, as distinguished from second dwelling units, may be allowed in certain zone districts when listed as an allowed use, but generally only after receiving discretionary approval.

b.

Shall not be a size limitation in living area provided that all other County requirements for building setbacks, water supply, sewage disposal, driveway/road access, building permit and applicable County development standards may be met for the proposed size of the second dwelling unit.

c.

Shall contain kitchen and bathroom facilities separate from the main dwelling unit and shall have a separate entrance.

d.

Must have adequate sewage disposal facilities and potable water facilities, as determined by the Butte County Environmental Health Division.

e.

May be attached to the main dwelling on-site or may be a separate detached dwelling on the parcel or lot. Attachment shall be by sharing a common interior wall or common roof.

f.

The owner of the parcel or lot must occupy either the main dwelling or the second dwelling unit. Prior to issuance of building permits, the property owner shall execute and record a deed restriction running with the land stipulating this occupancy requirement. The deed restriction shall be on a form approved by the Butte County Department of Development Services.

(3)

Parking. One (1) off-street parking space shall be provided for the second dwelling unit with one (1) or two (2) bedrooms; two (2) off-street parking spaces shall be provided for two (2) or more bedrooms. The spaces shall be in addition to the existing off-street parking requirements for the main dwelling unit.

(4)

Prior to issuance of a building permit for the second dwelling unit, the existing driveway or road serving the parcel or lot shall be improved, if necessary, to the same standard that would be required of any building permit, i.e. a year-round traversable driveway or road acceptable to the County Public Works and Fire Departments.

(5)

Construction of the second dwelling unit may require drainage improvements that would be customary with a building permit. The extent and timing of the improvements, if any, shall be determined by the Butte County Department of Public Works. The technical standards and specifications for drainage improvements are contained in the improvement standards as adopted by resolution of the Board of Supervisors.

(6)

Deed Restriction. Prior to issuance of a building permit for the second dwelling unit, the property owner shall execute and record a deed restriction running with the land. The covenant shall be on a form approved by the Butte County Department of Development Services and shall:

a.

Stipulate the occupancy requirement of subsection (c)(2)(f) of this section.

(Ord. No. 3176, § 1(Exh. A), 1-24-95; Ord. No. 3536, § 1, 7-13-99; Ord. No. 3876, § 1, 3-22-2005)

24-281—24-284 - Reserved.

24-285 - Reserved.*

*  Editor's note—Former § 24-285 was repealed by Ord. No. 3953, § 2, 2-13-07.

24-286 - Agricultural buffer setback.

(a)

Purpose. The purpose of this section is to conserve and stabilize agricultural land uses in order to protect agricultural lands from encroachment and conversion to urban uses and for the following:

(1)

To require development to provide land use transitions, setbacks and buffers between urban development and agricultural uses, in order to reduce interference and conflict;

(2)

To create development and performance standards designed to protect agricultural uses from urban encroachment conflicts;

(3)

To provide a clear delineation between long-term agricultural production lands and city/community areas.

(b)

Applicability. Setback requirements are applicable to the following areas. A separate exhibit adopted by resolution and as amended illustrates the applicability of this section.

(1)

Lands designated Orchard and Field Crops (OFC) and Grazing and Open Land (GOL), outside of spheres of influence and community boundaries as shown on the exhibit.

(2)

Areas within three hundred (300) feet of lands designated OFC and GOL, outside of spheres of influence and community boundaries as shown on the exhibit.

(3)

Areas inside and within three hundred (300) feet of sphere of influence boundaries, where the boundary abuts lands designated OFC or GOL.

(4)

Areas inside and within three hundred (300) feet of community boundaries as shown on the exhibit, where the boundary abuts lands designated OFC or GOL.

The requirements of this section are in addition to other zoning standards. Where there is a conflict, the more restrictive shall apply.

(c)

Standards.

(1)

Residential.

a.

Setback. The setback distance for dwellings shall be three hundred (300) feet from all property lines. This distance may be adjusted based upon an Unusual Circumstance Review in subsection (d) of this section.

b.

Alternatives to the above setback requirement may be considered by the Department of Development Services Director (Director), who shall consult with the County Agricultural Commissioner, as follows:

1.

The dwellings are proposed in close proximity to each other such that the same practical effect of providing the three hundred-foot setback is provided.

2.

If an existing parcel is of such size and/or shape that the setback distance identified in this subsection is not possible and conditions referenced in subsection (d) of this section do not exist, then the dwelling shall be placed the greatest distance from all relevant property line(s), or other location that presents the least detriment to agricultural practices on adjacent properties, provided there is no interference with easements, septic systems and/or prior conditions of approval, and considering parcel shape, slope, topography and/or other physical features.

(2)

Buffer Guidelines. Buffer guidelines are as adopted by resolution by the Board of Supervisors for the purpose of illustrating buffer requirements for various situations. These guidelines shall be utilized in rendering determinations relating to the required setback.

(d)

Unusual Circumstance Review. The setback distance identified in subsection (c) of this section shall be reviewed for Unusual Circumstances that may result in an adjustment in the setback distance as identified in subsection (c) above. The setback distance may be adjusted by the Director. The Director shall consult with the Agricultural Commissioner prior to rendering a determination to adjust the setback distance. An adjustment by the Director shall be based upon an evaluation of the following criteria, as they exist on the subject or surrounding property, provided that such adjustment would not result in a modification to adjacent agricultural practices:

(1)

Parcel size and shape;

(2)

Location of residence(s);

(3)

Infrastructure and other existing uses;

(4)

Natural physical features and topography;

(5)

Other circumstances not specified above;

(e)

Nonresidential (Reserved).

(f)

Consultation with Agricultural Commissioner. The Director shall consult with the Agricultural Commissioner on permits (nondiscretionary) and projects (discretionary actions) as follows:

(1)

Permits. Permits shall be reviewed concurrently with the building permit review process.

(2)

Projects. Projects shall be reviewed during the project review process. The Director shall consult with the County Agricultural Commissioner prior to rendering a recommendation to the Planning Commission.

(g)

Determination.

(1)

Permits (Nondiscretionary). The procedure for nondiscretionary review by the Director shall be as follows:

a.

The Director shall review and render a determination for applicable nondiscretionary permits and approvals.

b.

No hearing is required for any nondiscretionary permit review.

c.

The decision may include permit application modifications to establish consistency with this chapter.

(2)

Projects (Discretionary). The Planning Commission shall review and render a determination on the Director's recommendation regarding Unusual Circumstances for discretionary actions for which the Planning Commission has authority. If a project requires the Planning Commission to make a recommendation to the Board of Supervisors, then the Board of Supervisors shall render a determination.

(h)

Review Fee. Applicant shall pay the required review fee for consideration of compliance with this chapter for projects and permits at the time of filing the application in an amount as established by the Board of Supervisors.

(Ord. No. 3953, § 1, 2-13-07; Ord. No. 3993, § 2, 12-16-08)

24-287—24-289 - Reserved.

24-290 - Segregation of agricultural processing uses in agricultural zones.

(a)

Purpose and intent. It is the purpose and intent of this section to allow the segregation of existing agricultural processing uses in the agricultural zones providing that the proposed segregation meets certain criteria as specified in this article.

(b)

Application; findings. In the agricultural zones (A-5 through A-160), excluding parcels of ten (10) acres or smaller, the subdivision of property in order to legally segregate one (1) existing agricultural processing site may be allowed upon the approval and issuance of a use permit by the planning commission. The application for the use permit shall include a plan of development. All existing dwellings and other existing and/or proposed structures shall be shown on the plan. In addition, natural or man-made creeks, drains or canals should be shown. The planning commission may grant such a permit only after finding, in addition to the findings required by section 24-45.10, that all the following conditions are met:

(1)

The existing parcel(s) shown on the plan of development together are at least ten (10) acres in size or meet the parcel area requirements of the zone, whichever is greater. If the parcel does not meet the size, requirement, additional contiguous parcels under the same or related ownership must be included in the application until the acreage requirement is met.

(2)

The proposed segregation will not reduce the capabilities for agricultural use of the nonagricultural processing parcel(s) and surrounding properties.

(3)

The proposed parcels meet the requirements of the county environmental health division for sewage disposal and water supply.

(4)

The proposed segregation is consistent with the policies of the Butte County general plan because of the covenant required in section 24-290(d).

(5)

The agricultural processing parcel is not less than one (1) acre and not more than five (5) acres, or the minimum lot area allowed by the county environmental health division, whichever is greater.

(c)

Other standards and requirements. Prior to the division being effective, the owner or owners of the property included in the approved development plan shall execute and cause to be recorded in the office of the recorder, a covenant binding upon the original owners and their heirs, successors and assigns, which disallows additional buildings from being located on the agricultural parcel.

The use permit and covenant shall be in force for ten (10) years minimum from the time of recording of the covenant at the recorder's office and will continue until the applicant applies for termination or partial termination thereof. Applications for termination or partial termination shall be considered in the same manner as applications for use permits pursuant to sections 24-45 through 24-45.65 of the Butte County Code. The planning commission options for action on such application are:

(1)

Terminate or partially terminate the covenant and remove conditions from use permit. Applications for termination or partial termination to be accompanied by the fee set by resolution of the board of supervisors to be deposited in the county general fund, no part of which shall be returned to the applicant.

(2)

Extend the covenant for a period not to exceed ten (10) years.

(3)

Consider the area for a change in designation from orchard and field crops, grazing and open land, or agricultural-residential to a nonagricultural designation under the general plan.

The use permit and covenant shall be in force for the agreed upon time unless the general plan amended and the property in question is no longer designated agricultural. If this should occur, the applicant may apply for termination of the covenant.

(d)

Special notes. It shall be the duty of the seller or his agent to inform any possible buyer or his agent of the existence of the covenant and of its terms.

The covenant shall be in a form approved by county counsel.

(e)

Allowable accessory uses in segregated agricultural processing sites:

(1)

Agricultural processing plants, i.e., hullers, dryers, etc., where processing is done for owner's crops and on consignment.

(2)

Warehousing and storage of agricultural products.

(3)

Processing of flammable substances such as gasohol or methanol produced from agricultural products. (This use will require special permits from the fire warden.)

(Ord. No. 3176, § 1(Exh. A), 1-24-95)

24-291—24-294 - Reserved.

24-295 - Temporary mobile homes.

(a)

Purpose and Intent. The purpose and intent of this section is to allow the temporary installation of one (1) single-wide or double-wide mobile home to facilitate the care of a person who by reason of old age, disease (either mental or physical), infirmity or other cause, is unable, unassisted, properly to manage and take care of himself or herself or would benefit from familial assistance, and to allow such person to reside near close relatives who can help care for himself or herself. The ability to care for such a person in this manner, will not only result in better care, privacy, dignity and independence, but will also negate in many situations the necessity for public assistance which many citizens find degrading and damaging to the pride of the person concerned.

(b)

Reserved.

(Ord. No. 3176, § 1(Exh. A), 1-24-95)

24-295.10 - Provisions for temporary mobile homes.

A mobile home certified under the 1974 National Mobile Home Construction and Safety Standards Act may be placed on any legal lot or parcel in any residential zone subject to meeting the following provisions:

(a)

Conditions:

(1)

An administrative permit has been approved in accordance with Section 24-40

(2)

Occupancy of the mobile home shall be limited to a close friend, or a relative by blood or marriage. An affidavit attesting to the relationship of the involved parties shall be submitted with the permit application.

(3)

Rent shall not be charged.

(4)

The mobile home may be owned by either the owner of the lot or parcel on which it is placed, or the person residing therein.

(5)

The mobile home shall be served by adequate sewer and water facilities, as determined by the Butte County environmental health division.

(6)

The siting of the mobile home shall be exempt from the site requirements of the residential zoning district, except as required by this section, and the Uniform Building Code.

(7)

The mobile home is declared to be a temporary use on the property, accessory to the primary unit and shall not be placed on a permanent foundation. Additionally, a temporary mobile home shall not be permitted on a lot or parcel where there is an approved second unit.

(8)

The permit shall be granted for a term of two (2) years. Extensions of the term for the permit, not exceeding one (1) year for each extension, may be granted if the application for the extension is filed within sixty (60) calendar days prior to the date of expiration.

(9)

The mobile home shall be vacated upon expiration of the permit and removed within one hundred twenty (120) days after the expiration of the permit. If it is not removed within one hundred twenty (120) days the county shall remove said mobile home and store it at the owner's expense.

(10)

A deposit or bond sufficient to cover the removal expense shall be posted prior to the issuance of the permit. The applicant shall grant Butte County the right to enter the property, to remove the mobile home, and to store it at the sole cost and expense of the applicant.

(11)

The permit may be revoked if any of the terms or conditions of the permit are violated or if any acts or omissions of the permittee in connection with the use authorized by said permit constitute a public nuisance.

(b)

Reserved.

(Ord. No. 3906, § 2, 3-22-05)

24-296—24-299 - Reserved.

24-300 - Temporary uses.

Temporary uses are short-term activities that can be considered compatible with zones as designated within this section as follows subject to the administrative permit requirements of Section 24-40:

(a)

Temporary uses compatible with all zones:

(1)

Temporary construction office and associated storage of construction equipment and materials. The use established on a construction site for up to one (1) year, subject to the applicable building permits. The need for the structure shall be reviewed at the end of the one-year period and may be extended by the director of development services.

(2)

Fairs, festivals, rodeos, sporting events, carnivals, circuses, subject to the applicable requirements contained in Chapter 12 of the Butte County Code.

(b)

Temporary uses compatible in C-1, C-2, CC, HC, NC, LI, M-1, and M-2 zones:

(1)

Christmas tree lots.

(2)

Reserved.

(c)

Temporary uses in zones permitting a residential use:

(1)

Temporary travel trailer as a dwelling unit during construction of a single-family residence or the rehabilitation of a single-family residence that has been damaged by fire, earthquake, tornado, other acts of nature, or has been deemed condemned or uninhabitable by the county, subject to the following requirements:

a.

The travel trailer may be placed for a period not to exceed one (1) year from the date of issuance of the administrative permit; provided, however, the planning manager may extend such use permit for one (1) six-month period. Such extension by the planning manager shall be done only upon a showing of physical or financial hardship by the applicant.

b.

That the occupant has secured a building permit for a residence.

c.

That the occupant has secured a sewerage disposal permit from the Butte County environmental health division.

d.

That before six (6) months have elapsed from the date of the issuance of the building permit, the occupant shall have completed the foundation, rough plumbing, framing and the roof of the proposed residence; and

e.

That the house must be completed within the one-year period and the trailer dwelling must be abandoned.

f.

The applicant must obtain the necessary permits from the Butte County building division and environmental health division for the travel trailer installation.

(2)

Reserved.

(Ord. No. 3906, § 2, 3-22-05)

24-301 - Wind turbines.

(a)

Purpose and Intent. The purpose and intent of this section is to establish procedures and standards applicable to the development of wind turbines in order to promote clean sources of energy which are compatible with land uses in the vicinity.

(b)

Applicability. The provisions of this section shall apply to all structures operated for the generation of wind energy.

(c)

Definitions. The following definitions shall apply in connection with the interpretation and application of this section:

(1)

Wind Turbine, Large. Any wind energy conversion system that is not classified as a Small Wind Turbine.

(2)

Wind Turbine, Small. Wind turbines rated 20kW or less that will be used primarily to reduce onsite consumption of utility power.

(d)

Permitting Requirements.

(1)

Wind turbines shall not be permitted on land within the following locations:

a.

City Spheres of Influence, unless permitted by the City.

b.

Airport Land Use Compatibility Zones.

c.

Conservation, open space easements, or agriculture easements which do not allow wind turbines or wind energy conversion systems.

d.

Alquist Priolo Earthquake Fault Zones.

(2)

Wind turbines shall not be permitted on land within one thousand (1,000) feet of the following:

a.

A residence, excepting residences on the same parcel and residences owned by the applicant.

b.

The SR, MHP, R-1 to R-4, SH, PUD, RN, or RT zones.

c.

A property listed on the National Register of Historic Places or the California Register of Historical Resources.

d.

Designated scenic resources.

(3)

All wind turbines are subject to the following land use permitting requirements in specified zoning districts, in addition to all applicable requirements of this Chapter.

(e)

Wind Turbines—General Requirements. The following requirements shall apply to both small and large wind turbines:

(1)

Wind turbines shall be painted a neutral, nonreflective color.

(2)

Power lines shall be placed underground when feasible.

(3)

All facilities shall meet the following minimum setbacks:

a.

All new facilities shall be located so that the distance from the base of the facility to the parcel boundary is equal to or greater than the height of the facility, except where facilities are located in Agricultural Zones (A-5 through A-160) and one (1) of the following circumstances apply:

1.

The wind turbine is adjacent to an existing structure such as a barn, rice dryer, or other facility such that the facility will blend with the surrounding area; or

2.

The adjacent property owner(s) consent in writing to a lesser distance.

b.

Where facilities are located in Agricultural Zones (A-5 through A-160) and one (1) of the specified circumstances apply, the facility shall demonstrate the minimum setback distance required by the zone.

(4)

Appropriate warning signs, no larger than four (4) square feet, shall be placed on or near wind turbines. Wind turbines and related equipment will not be used to advertise or promote any product or service.

(5)

Noise levels resulting from normal operation of a wind turbine shall not exceed forty-five (45) decibels as measured at the nearest property line. Applications for wind turbines shall submit noise specifications and/or noise studies demonstrating that operation of the wind system will not exceed forty-five (45) decibels as measured at the nearest property line.

(6)

Wind turbines shall be placed and oriented to avoid casting a shadow or causing "flicker" on any off-site structure.

(7)

Wind turbines shall be removed if they remain inoperable for twelve (12) consecutive months. After twelve (12) months of nonuse, wind turbines are subject to code enforcement actions.

(8)

Wind turbines shall not be placed on parcels less than one (1) acre in size.

(f)

Small Wind Turbines—Requirements. Small wind turbines shall comply with Wind Turbines—General Requirements noted in subsection 24-301(e) above, as well as the following:

(1)

Small wind turbines shall be designed and appropriately sized to serve the needs of the use on the site.

(2)

The maximum height of small wind turbine towers shall be:

a.

Sixty (60) feet on parcels less than five (5) acres in size.

b.

Eighty (80) feet on parcels five (5) acres or greater.

"Tower height" means the height above grade of the fixed portion of the tower, excluding the wind turbine.

(Ord. No. 4027, § 1, 12-14-10)

24-302—24-304 - Reserved.