Chapter 24 — ZONING[1]

Source: library.municode.com (print export)

Chapter 24 - ZONING[[1]]

Footnotes:

--- ( 1 ) ---

Editor's note— Ord. No. 4062, § 1, adopted September 10, 2013, repealed and replaced ch. 24, arts. I— VII, §§ 24-1—24-304, in its entirety. Former ch. 24 pertained to similar subject matter and was derived from Ord. No. 4050, § 2, adopted November 6, 2012. See Code Comparative Table for complete history of derivation.

Cross reference— Setback lines and zones, §§ 10-3—10-19; Code enforcement policies and procedures, § 41-1 et seq.

Article I. - Enactment and Applicability Division 1. - Purpose and Effect of the Zoning Ordinance

This chapter shall be known and officially cited as the "Zoning Ordinance of Butte County, California" and referred to in this chapter as "the Zoning Ordinance."

(Ord. No. 4062, § 1, 9-10-13)

24-2 - Purpose of the zoning ordinance.

A.

General. The Zoning Ordinance is adopted to implement the Butte County General Plan and to protect and promote the health, safety, and welfare of Butte County residents.

B.

Specific. The Zoning Ordinance is intended to:

1.

Preserve, protect, and enhance the fundamentally rural character of Butte County.

2.

Protect agricultural lands and associated industries as an important aspect of Butte County's economy.

Protect sensitive environmental resources, including conservation areas, habitat for special-status species, and wetlands.

4.

Protect the county's water resources.

5.

Promote an environmentally sustainable pattern of development.

6.

Promote economic growth and the creation of jobs for Butte County residents.

7.

Allow for residential, commercial, and industrial growth in a manner consistent with Butte County's rural character.

8.

Preserve the quality of life and character of existing residential neighborhoods.

9.

Protect the public from hazards associated with natural and man-made disasters, including airport-related hazards.

10.

Promote and support an efficient multi-modal transportation system.

11.

Allow for public services and facilities to adequately serve the county population.

12.

Allow for public participation in government decision-making regarding land use and development in a manner consistent with State law.

(Ord. No. 4062, § 1, 9-10-13)

The Zoning Ordinance implements the goals and policies of the Butte County General Plan by regulating the uses of land and structures within the county. The Zoning Ordinance and the General Plan shall be

consistent with one another. If there are inconsistencies between the Zoning Ordinance and the General Plan, the General Plan governs.

(Ord. No. 4062, § 1, 9-10-13)

The Zoning Ordinance shall be administered by the Butte County Board of Supervisors, the Planning Commission, the Zoning Administrator, and the Department of Development Services as established in Article VI, Division 1 (Administrative Responsibility).

(Ord. No. 4062, § 1, 9-10-13)

24-5 - Applicability of zoning ordinance.

A.

Applicability to Property. The Zoning Ordinance applies to all land, uses, and structures within unincorporated areas under Butte County jurisdiction.

B.

Compliance with Regulations. No land shall be used and no structures constructed or occupied except in accordance with the provisions of the Zoning Ordinance. No use of land or structures shall be caused or allowed without the expressed consent of the property owner or an authorized agent of the property owner.

C.

Conflicting Regulations. Where conflict occurs with other County regulations or with State or federal laws, higher law shall control over lower law unless local variation is permitted. Where conflicting laws are of equal stature, the more restrictive provision shall control unless otherwise specified in the Zoning Ordinance or in State or federal law.

D.

Private Agreements. The Zoning Ordinance is not intended to interfere with, repeal, abrogate, or annul any easement; covenant; deed restriction; Covenants, Conditions, and Restrictions (CC&Rs); or other agreement between private parties. Where conflict occurs between the Zoning Ordinance and a private agreement, the County shall follow the Zoning Ordinance. Butte County shall not be responsible for monitoring or enforcing private agreements.

E.

Conditional Zoning. The Zoning Ordinance shall not interfere with, repeal, abrogate, or annul any Conditional Zoning Agreement established between the County and an applicant prior to the effective date of the Zoning Ordinance. All uses under the Conditional Zoning Agreement will continue to be permitted, in addition to all uses allowed under the zone.

F.

Enforcement. The Zoning Ordinance shall be enforced in the manner determined to be the most appropriate, which may include, but not be limited to, the procedures as established in Section 1-7 (General Penalty, Continuing Violations) and Chapters 32A (Abatement of Public Nuisances) and 41 (Code Enforcement Policies and Procedures), as well as any other procedures available in State or federal law.

(Ord. No. 4062, § 1, 9-10-13)

Division 2. - Interpretation of the Zoning Ordinance

This division establishes rules and procedures for interpreting the Zoning Ordinance to ensure the consistent application and enforcement of the ordinance.

(Ord. No. 4062, § 1, 9-10-13)

The Zoning Administrator is delegated the responsibility and authority to interpret the meaning and applicability of all provisions in the Zoning Ordinance by the Board of Supervisors.

(Ord. No. 4062, § 1, 9-10-13)

A.

General Rules. The following general rules apply to the interpretation and application of the Zoning Ordinance.

1.

The specific controls over the general.

2.

Where there is a conflict between text and any figure, illustration, graphic, heading, map, table, or caption, the text governs.

3.

The words "shall," "will," "is to," and "are to" are mandatory. "Should" means a regulation that is not mandatory, but must be either fulfilled or the applicant must demonstrate an alternative that fulfills the intent of the regulation. "May" is permissive.

4.

The following conjunctions are interpreted as follows:

a.

"And" means that all items or provisions so connected apply.

b.

"Or" means that all items or provisions so connected apply singularly or in any combination.

c.

"Either... or" means that one (1) of the items or provisions so connected apply singularly, but not in combination.

5.

All officials, bodies, agencies, ordinances, policies, and regulations referred to in the Zoning Ordinance are those of Butte County unless otherwise noted.

B.

Calendar Days. Numbers of days specified in the Zoning Ordinance are construed as continuous calendar days. Where the last of a number of days falls on a holiday or weekend, time limits specified in the Zoning Ordinance are extended to the following working day.

C.

Unlisted Land Uses. If a proposed land use is not specifically listed in the Zoning Ordinance, the use is not permitted except as follows:

1.

The Zoning Administrator may determine that an unlisted proposed use is equivalent to a listed permitted or conditionally permitted use and is permitted in the same manner as the equivalent listed use if all of the following findings can be made:

a.

The use is no greater in density or intensity than other uses in the applicable zone.

b.

The use is compatible with permitted or conditionally permitted uses in the applicable zone.

c.

The use will meet the purpose of the applicable zone.

d.

The use is consistent with the goals and policies of the General Plan.

e.

The use will not be detrimental to the public health, safety, or welfare.

2.

When the Zoning Administrator determines that a proposed use is equivalent to a listed permitted or conditionally permitted use, the proposed use shall be treated in the same manner as the listed use with respect to development standards, permits required, and all applicable requirements of the Zoning Ordinance.

3.

Determinations shall be made and recorded in a manner consistent with Section 24-9 (Procedures for interpretation).

D.

Zoning Map Boundaries. If there is uncertainty about the location of any zone boundary or other line of the Zoning Map as determined by the Zoning Administrator, the following rules apply:

1.

Zone boundaries shown as approximately following the property line of a parcel shall be construed to follow the property line.

2.

Zone boundaries shown as following roads or other rights-of-way, or natural features such as creeks shall be construed to follow the centerline of the roads, rights-of-way, or creeks.

E.

Parcels Containing Two (2) or More Zones.

1.

For parcels containing two (2) or more zones ("split zoning"), the location of the zone boundary shall be determined by the Zoning Administrator.

2.

For parcels containing two (2) or more zones ("split zoning"), the applicable regulations for each zone shall apply.

3.

When a zone boundary interferes with existing structures or setbacks, the Zoning Administrator may approve a minor adjustment of the boundary on the Zoning Map.

F.

Purpose Statements. The Purpose statements in Article II (Zoning Districts, Land Uses, and Development Standards) provide a brief statement concerning each zoning district. The purpose statement summarizes the intentions of each zone contained within the Zoning Ordinance. The purpose statement does not list all permitted uses, conditionally permitted uses, or uses listed as not allowed uses (see Use Regulation Tables for a listing of all permitted, conditionally permitted or unpermitted uses for each zone).

G.

Use Regulation Tables. Use regulation tables in Article II (Zoning Districts, Land Uses, and Development Standards) establish permitted land uses within each zone. Within each use regulation table, uses are categorized as agricultural; natural resource; residential; community; commercial; industrial; and transportation, communication and utility uses. All uses are defined in Article VII, Division 1 (Glossary). Notations within these tables shall have the following meanings:

1.

Permitted Uses. A "P" means that a use is permitted by right in the respective zone and is not subject to discretionary review and approval.

2.

Administratively Permitted Uses. An "A" means that a use requires approval through an Administrative Permit.

3.

Conditionally Permitted Uses. A "C" means that a use requires approval of a Conditional Use Permit. An "M" means that a use requires approval of a Minor Use Permit.

4.

Uses Not Allowed. A "-" in a cell means that a use is not allowed in the respective zone.

5.

Applicable Regulations. Standards in the Zoning Ordinance that apply to specific uses are identified in the column entitled "applicable regulations." Standards referenced in the applicable regulations column apply in all zones unless otherwise expressly stated. These standards are identified because they are specifically related to the stated use. However, other sections of the Zoning Ordinance may apply, and it should not be interpreted that they are not applicable because they are not listed under the "applicable regulations" column.

6.

Other Regulations. Other regulations specific to each zone are listed below each zone's column (e.g., Article IV, Division 2 (Telecommunication Facilities) and Section 24-156 (Accessory Uses and Structures).

H.

Aliquot Divisions of an Irregular Section of Land. Land divisions within the county approved consistent with the requirements of the State Subdivision Map Act and Chapter 20 (Subdivision) of this Code, shall have a minimum parcel size as indicated by the zoning district pursuant to Section 24-11, Zones and Zoning Map (e.g., AG-160, AG-80, AG-40, AG-20, RR-10, RR-5, FR-40, FR-20, FR-10, FR-5, TM, TPZ, RC, etc.). However, for the purpose of complying with the minimum parcel size as required by the zoning district, surveyed sections of land as established under the Public Land Survey System containing less than six hundred forty (640) acres shall be deemed to be equivalent to a full six hundred forty (640) acre section of land provided the deviation is less than ten (10) percent, and be interpreted by the Zoning Ordinance as follows:

1.

The applicant shall provide adequate proof that the section of land in question is irregular and contains less than six hundred forty (640) acres as a total amount, in acres, of the section.

2.

Existing parcels resulting from land divisions described by aliquot parts of a section of land that has been determined to be irregular and having less than a standard six hundred forty (640) acre section of land, of one-quarter (¼) (~one hundred sixty (160) acres), one-eighth (⅛) (~eighty (80) acres), one-sixteenth ( 1/16 ) (~forty (40) acres), one-thirty-second ( 1/32 ) (~twenty (20) acres), one-sixty-fourth ( 1/64 ) (~ten (10) acres), or one-one-hundred twenty-eighth ( 1/128 ) (~five (5) acres) of said section of land, shall be deemed to be equivalent to the aliquot parts of a standard six hundred forty (640) acre section of land.

3.

A proposed land division of a parcel created and described by aliquot part of a section of land, where said section of land that has been determined to be irregular and having less than a standard six hundred forty (640) acre section of land, into aliquot parts of one-quarter (¼) (~one hundred sixty (160) acres), one-eighth (⅛) (~eighty (80) acres), one-sixteenth ( 1/16 ) (~forty (40) acres), one-thirty-second ( 1/32 ) (~twenty (20) acres), one-sixty-fourth ( 1/64 ) (~ten(10) acres), or one-one-hundred twenty-eighth ( 1/128 ) (~five (5) acres) of said section of land, shall be deemed to be equivalent to the aliquot parts of a standard six hundred forty (640) acre section of land. Legal descriptions of resultant parcels are not limited to aliquot part descriptions but in no case shall the land division allow greater density than what is allowed through the aliquot division of the section. Each of the resultant parcels shall be of equal size.

(Ord. No. 4062, § 1, 9-10-13; Ord. No. 4091, § 1, 1-27-15)

A.

Request for Interpretation. The Zoning Administrator shall respond in writing to written requests for interpretation of the Zoning Ordinance if, in the opinion of the Zoning Administrator, the requested interpretation would substantially clarify an ambiguity which interferes with the effective administration of the Zoning Ordinance. When the Zoning Administrator makes such a determination, the following procedures shall apply:

The request shall be in writing and shall state which provision is to be interpreted.

2.

The petitioner of the request shall provide any information that the Zoning Administrator requires to assist in its review.

3.

The Zoning Administrator shall respond to an interpretation request within thirty (30) days of receiving the request.

B.

Form and Content of Interpretation. Official interpretations prepared by the Zoning Administrator shall be in writing, and shall quote the provisions of the regulations that are being interpreted. The interpretation shall describe the circumstance that caused the need for the interpretation.

C.

Official Record of Interpretations. An official record of interpretations shall be kept and updated regularly by the Department of Development Services. The record of interpretations shall be indexed by the number of the section that is the subject of the interpretation and made available for public inspection during normal business hours.

D.

Zoning Administrator Referral to Planning Commission. The Zoning Administrator may refer any request for interpretation of the Zoning Ordinance to the Planning Commission for review and interpretation (see Section 24-266 (Appeal Subjects and Jurisdiction)).

E.

Appeals. Any official interpretation prepared by the Zoning Administrator may be appealed to the Planning Commission. The Planning Commission's interpretation may be appealed to the Board of Supervisors (see Table 24-189-1 (Review and Decision Making Authority)).

(Ord. No. 4062, § 1, 9-10-13)

Division 3. - Zones and Zoning Map

This division identifies the zones that apply to property within the county and establishes the official Butte County Zoning Map.

(Ord. No. 4062, § 1, 9-10-13)

24-11 - Zones and zoning map.

A.

Base Zones. Butte County is divided into zones that implement the General Plan. The zones are shown in Table 24-11-1 (Base Zones).

B.

Rural and Urban Zones. The Zoning Ordinance establishes varying standards and regulations that apply to rural and urban zones within the county. Distinguishing between rural and urban zones is intended to help preserve and enhance the rural character of the county and eliminate unnecessary and inappropriate regulations in rural areas. Table 24-11-1 (Base Zones) identifies the zones which are classified within the Zoning Ordinance as either rural or urban zones.

TABLE 24-11-1 BASE ZONES

Residential Zones

a Maximum Floor Area Ratio = 0.4.

b Maximum Floor Area Ratio = 0.3.

c Maximum Floor Area Ratio = 0.2.

d Maximum Floor Area Ratio = 0.5.

C.

Overlay Zones. The Zoning Ordinance and Zoning Map include the overlay zones shown in Table 24-11-2 (Overlay Zones). Overlay zones provide additional requirements and uses on properties in addition to requirements of the underlying base zone.

TABLE 24-11-2 OVERLAY ZONES

D.

Zoning Map.

1.

The Board of Supervisors hereby adopts the Butte County Zoning Map ("Zoning Map"), which establishes the boundaries of all base and overlay zones provided for in the Zoning Ordinance.

2.

The Zoning Map, including all legends, symbols, notations, references and other information shown on the map, is incorporated by reference and made a part of the Zoning Ordinance.

3.

The Zoning Map is kept, maintained and updated electronically by the Department of Development Services, and is available for viewing by the public at the Department of Development Services and on the official County website.

(Ord. No. 4062, § 1, 9-10-13; Ord. No. 4120, § 2, 10-25-16; Ord. No. 4237, § 1, 1-23-24)

Article II. - Zoning Districts, Land Uses, and Development Standards Division 1. - Agriculture Zones

A.

Agriculture (AG). The purpose of the AG zone is to support, protect, and maintain a viable, long-term agricultural sector in Butte County. Standards for the AG zone maintain the vitality of the agricultural sector by retaining parcel sizes necessary to sustain viable agricultural operations, protecting agricultural practices and activities by minimizing land-use conflicts, and protecting agricultural resources by regulating land uses and development intensities in agricultural areas. Permitted uses include crop cultivation, animal grazing, stock ponds, and agricultural processing. More intensive agricultural activities, such as animal processing, dairies, hog farms, stables, forestry and logging, and mining and oil extraction, are permitted with the approval of a Conditional Use Permit. One (1) single-family home and one (1) accessory dwelling unit is permitted on each legally established parcel within the AG zone, and residential uses for agricultural employees are permitted as an accessory use within the AG zone. The minimum permitted parcel size in the AG zone ranges from twenty (20) acres to one hundred sixty (160) acres. The AG zone implements the Agriculture land use designation in the General Plan.

B.

Agriculture Services (AS). The purpose of the AS zone is to protect, maintain, promote, and enhance agriculture as a viable, long-term economic sector by accommodating agricultural uses or compatible commercial and light industrial uses that directly support agricultural activities within the county. Standards for the AS zone are intended to allow most agricultural uses allowed in the AG zone while encouraging new, compatible support industries and operations, and to protect agricultural and other neighboring land uses by minimizing conflicts. Agricultural support uses permitted as-of-right in the AS zone include uses with minimal potential impacts on adjacent parcels, such as agricultural equipment sales and rental, light manufacturing, warehousing, and distribution and storage. Agricultural support uses that are more likely to impact adjacent parcels, such as agricultural vehicle repair and heavier manufacturing, require the approval of a Conditional Use Permit. Residential uses arc not permitted in the AS zone, except caretaker quarters as an accessory use, which requires an Administrative Use Permit. The maximum permitted floor area ratio in the AS zone is eight-tenths (0.8). The AS zone implements the Agriculture Services land use designation in the General Plan.

(Ord. No. 4062, § 1, 9-10-13; Ord. No. 4132, § 1(Att. A), 9-12-17; Ord. No. 4134, § 1(Att. A), 9-26-17; Ord. No. 4197, § 7, 1-12-21)

24-13 - Land use regulations for agriculture zones.

A.

Permitted Uses. Table 24-13-1 (Permitted Land Uses in the Agriculture Zones) identifies land uses permitted in the agriculture zones.

TABLE 24-13-1 PERMITTED LAND USES IN THE AGRICULTURE ZONES [1] [2]

Notes:

[1]

See Article 42 (Glossary) for definitions of listed land uses.

[2]

Standards in the Zoning Ordinance that apply to specific uses are identified under the column "Applicable Regulations," defined under Section 24-8G.5, and are intended to direct the reader to a section that is related to the use.

[3]

Permitted only as an accessory use.

[4]

One (1) single-family home and an accessory dwelling unit is permitted per legal parcel. Accessory dwelling units are not allowed on parcels subject to Williamson Act contracts.

[5]

Permitted only for organizations that provide a service to the agricultural community, such as a grange or similar organization.

[6]

Manufacturing uses that directly support agricultural activities are permitted as "Agricultural Support Services, General" and "Agricultural Support Services, Light."

[7]

Permitted only when not requiring permanent improvements and not interfering materially with agricultural operations.

[8]

Solar Energy Systems under Utilities, Major and Utilities, Intermediate shall only be permitted on "Grazing Land" or "Other Land" as defined under the latest mapping provided by the California Department of Conservation Division of Land Resource Protection Farmland Mapping Program and as shown under General Plan Agriculture Element, Figure AG-1, and only on those lands not subject to a Williamson Act Contract, unless the landowner has rescinded the Williamson Act Contract and entered into a solar-use easement pursuant to State law for marginally productive or physically impaired farmland.

B.

Agricultural Maintenance Plan.

1.

An Agricultural Maintenance Plan shall be submitted as part of any application for a non-agricultural use requiring a Conditional Use Permit or Minor Use Permit on a parcel with existing agricultural operations. The Agricultural Maintenance Plan shall identify specific measures to be implemented to ensure that the proposed use does not adversely impact agricultural activities on the parcel.

2.

The Zoning Administrator and Agricultural Commissioner shall review the Agricultural Maintenance Plan and shall prepare comments and recommended conditions for consideration of the Planning Commission or Zoning Administrator at the hearing for the Conditional Use Permit or Minor Use Permit.

3.

To approve a Conditional Use Permit or Minor Use Permit on a parcel with existing agricultural operations, the Planning Commission or Zoning Administrator shall consult with the Agricultural Commissioner to determine that the Agricultural Maintenance Plan will adequately mitigate any potential adverse impacts to agricultural operations on the parcel, in addition to making all the findings required by Article 31 (Conditional Use and Minor Use Permits).

(Ord. No. 4062, § 1, 9-10-13; Ord. No. 4091, § 1, 1-27-15; Ord. No. 4094, § 2, 4-21-15; Ord. No. 4132, § 1(Att. A), 9-12-17; Ord. No. 4134, § 1(Att. A), 9-26-17; Ord. No. 4159, § 1(Att. A), 3-26-19; Ord. No. 4161, § 1(Att. A), 5-7-19; Ord. No. 4175, § 1, 11-19-19; Ord. No. 4197, § 7, 1-12-21; Ord. No. 4225, § 1, 1-24-23; Ord. No. 4244, § 1, 4-23-24)

24-14 - Development standards for agriculture zones.

A.

Agriculture Sub-Zones. The AG zone is divided into five (5) sub-zones, each with its own minimum parcel size. All standards that apply to the AG zone in general also apply to each individual sub-zone, except for minimum parcel area as specified in Table 24-14-1 (Parcel Size and Density for Agriculture Zones).

TABLE 24-14-1 PARCEL SIZE AND DENSITY FOR AGRICULTURE ZONES

Notes:

[1]

Applies only to the creation of new parcels.

[2]

Accessory dwelling units are permitted.

[3]

Caretaker quarters permitted as an accessory use.

[4]

Floor Area Ratio (FAR) is defined and illustrated in Article VII, Division 1 (Glossary).

B.

Parcel Size and Density. Table 24-14-1 (Parcel Size and Density for Agriculture Zones) identifies the parcel size and density standards that apply in the agriculture zones.

C.

Setbacks and Height. Table 24-14-2 (Setback and Height Standards for Agriculture Zones) identifies development standards that apply in the agriculture zones.

TABLE 24-14-2 SETBACK AND HEIGHT STANDARDS FOR AGRICULTURE ZONES

Notes:

[1]

For parcels with a front property line extending to the centerline of the public right-of-way abutting the parcel, the front setback shall be measured from the edge of the public right-of-way.

D.

Maximum Permitted Height in Agriculture Zones.

1.

Residential Structures. The maximum permitted height of residential structures within an agriculture zone is thirty-five (35) feet.

2.

Non-Residential Structures. The maximum permitted height of non-residential structures within an agriculture zone is fifty (50) feet, except as allowed by Subsection 3 below.

3.

Exceptions for Non-Residential Structures. Water tanks, granaries, barns, pole buildings, electronic towers, antennas, agricultural processing equipment and silos, aggregate processing equipment, and similar structures associated with agricultural operations may exceed fifty (50) feet in height provided they do not

exceed height restrictions in regulated airport approach zones. Such structures shall not exceed the maximum height necessary to perform its intended function. See also Section 24-157 (Alternative Energy Structures) concerning the height of alternative energy structures, and Article IV, Division 2 (Telecommunication Facilities) concerning the height of towers, antennas, and similar structures not associated with agriculture. No structures shall exceed the maximum permitted height in areas as specified in Section 24-49 (Height Measurement) and the County's Military Overlay Zone Map.

E.

Rezoning of Agricultural Lands. The rezoning of land zoned AG or AS to a different zone shall be allowed only if all of the following criteria are met in addition to all applicable Zoning Ordinance Map Amendment requirements specified in Article VI, Division 6 (Zoning Ordinance Amendments):

The parcels for which rezoning is requested ("subject parcels") are adjacent to uses other than agriculture or agricultural support uses.

2.

The rezoning will not be detrimental to existing agricultural operations.

3.

The subject parcels are adjacent to existing development or urban infrastructure and conversion will constitute a logical contiguous extension of a designated urban area.

4.

No feasible development alternative exists that is less detrimental to agriculture.

5.

Full mitigation of impacts to the extent allowed under the law is provided, including, but not limited to, roads, drainage, schools, fire protection, law enforcement, recreation, sewage, and lighting, as established by the Board of Supervisors.

6.

The subject parcels are not subject to a contract with the County pursuant to the Williamson Act.

7.

The rezoning will not otherwise interfere with a Butte County General Plan policy, including the Chico Area Greenline policies.

F.

Rezoning from Larger to Smaller Agriculture Sub-Zones. In order to preserve the viability of agricultural operations in Butte County, special criteria shall be met prior to the rezoning of parcels from one (1) AG sub-zone to another AG sub-zone that allows a smaller minimum parcel size (e.g., rezoning from AG-40 to AG-20). The Board of Supervisors may approve an application for such a rezoning only if all of the following criteria are met in addition to all applicable Zoning Ordinance Map Amendment requirements specified in Article VI, Division 6 (Zoning Ordinance Amendments):

1.

The rezoning complies with Agricultural Buffer requirements as outlined in Article III, Division 7 of the Zoning Ordinance and Butte County General Plan Agriculture Element Policy 5.3, and all other applicable General Plan policies.

2.

Building site envelopes allowed for by the rezoning can be accommodated in compliance with all Agricultural Buffer requirements.

3.

The applicant has prepared and committed to implement an Agricultural Production and Stewardship Plan that details how the property will be kept in commercial agricultural use. The Plan shall show how the property will be planted with crops, orchards, vineyards, or utilized for grazing and animal production. The Plan shall specify agricultural infrastructure and facilities, including a production water source, irrigation, fences, and farm worker housing if needed. The Plan shall be reviewed by the County Agricultural Commissioner to verify that it will sustain farming practices and maximize agricultural compatibility.

4.

For identified flood hazard areas, building site envelopes shall be located outside of the flood hazard area. Development permits will be prohibited within flood hazard areas unless findings based on substantial evidence provided by the owner show that development meets current government standards for flood protection. Some flood hazard areas may be removed from FEMA maps by requesting a change with the National Flood Insurance Program.

5.

For areas of high erosion as identified by Butte County General Plan 2030 Figure HS-5 —Erosion Hazard Potential, the residential density allowed by the rezoning shall not increase sediment load or erosion characteristics on or off the subject parcels.

6.

The reduced parcel size meets the terms specified under any applicable Williamson Act Contract.

G.

Agricultural Worker Housing Center.

1.

Permit Process. Agricultural worker housing centers shall be subject to an administrative permit pursuant to Article 29, Administrative Permits.

2.

Location. The agricultural worker housing center shall be located in an area that will present the least amount of impact to agricultural resources (e.g., close to existing access and other structures, and in a locations that will present the least amount of disturbance to agricultural resources and operations).

3.

Size. Agricultural housing units shall be clustered in close proximity to each other and shall occupy an area of no more than one (1) contiguous acre per parcel. No more than twelve (12) agricultural worker housing units or a single building that contains no more than thirty-six (36) beds, and other facilities associated with a residence, may be developed within the one acre area.

Occupancy. Agricultural worker housing shall be occupied by agricultural employees. The family members of an agricultural employee residing in agricultural worker housing are allowed occupants.

5.

Deed Restriction. Prior to the issuance of a building permit for an agricultural worker housing center, a covenant of restriction to run with the land shall be recorded which specifies that the agricultural worker housing center cannot be sold separately, that the housing shall only be used to house agricultural workers and their families, and that these restrictions shall be binding on successors in ownership.

6.

Williamson Act. Agricultural Worker Housing Centers shall comply with any applicable Williamson Act Program.

(Ord. No. 4062, § 1, 9-10-13; Ord. No. 4091, § 1, 1-27-15; Ord. No. 4134, § 1(Att. A), 9-26-17; Ord. No. 4175, § 2, 11-19-19; Ord. No. 4197, § 7, 1-12-21)

Division 2. - Natural Resource Zones

24-15 - Purpose of the natural resource zones.

A.

Timber Mountain (TM). The purpose of the TM zone is to preserve Butte County's valuable timber resources and to protect both the economic and environmental value of these lands. Standards for the TM zone are intended to support the growing and harvesting of timber, pulp woods, and other forestry products for commercial purposes. Permitted uses include logging, timber processing, crop cultivation, agricultural processing, and the management of forest lands for timber operations and animal grazing. Extractive uses that are generally compatible with forestry operations, including mining and oil and gas extraction, are conditionally permitted in the TM zone. The minimum permitted parcel size in the TM zone is one hundred sixty (160) acres. The TM zone allows for one (1) single-family home per parcel. The TM zone implements the Timber Mountain land use designation in the General Plan.

B.

Timber Production (TPZ). The purpose of the TPZ zone is to preserve and protect land where timber is actively being grown and harvested, as well as minimize impacts to neighboring uses from active timber operations.

The California Forest Taxation Reform Act of 1976 places values on bare land that is related to its ability to grow trees, and it substitutes a percent tax on the value of timber at the time of harvest ("yield" tax) for the annual property tax on the trees. In exchange for this tax benefit, landowners dedicate their timberland to timber growing and compatible uses for a period of at least ten (10) years. Unless terminated by the County or landowner, these ten (10) years renew each year, thus creating a rolling minimum or self-perpetuating ten (10) year commitment (California Board of Equalization, 2000). Lands zoned in this manner are called Timberland Production Zones (TPZ).

Permitted uses include logging, timber processing, crop cultivation, the management of forest lands for timber operations and animal grazing, and compatible uses, which are uses that are determined to not significantly detract from the use of the property for, or inhibit, growing and harvesting timber. Extractive uses that are generally compatible with forestry operations, including mining and oil and gas extraction, are conditionally permitted in the TPZ zone. Minimum parcel size and development standards for development in the TPZ zone are generally equivalent to the TM zone. The TPZ zone implements the Timber Mountain land use designation in the General Plan.

C.

Resource Conservation (RC). The purpose of the RC zone is to protect and preserve natural, wilderness, and scientific study areas that are critical to environmental quality within Butte County. Standards for the RC zone are intended to protect sensitive natural resources and to provide limited recreational and commercial recreational uses for the enjoyment of Butte County residents and visitors. Permitted land uses in the RC zone include livestock grazing and limited recreational and commercial recreational uses that do not detract from the area's value for habitat, open space, or research. The minimum permitted parcel size in the RC zone is forty (40) acres. The RC zone allows for one (1) single-family home per parcel. The RC zone implements the Resource Conservation land use designation in the General Plan. Mining may be considered by a Mining Permit in this zone when it will result in an improvement or no degradation of the habitat area as the end use pursuant to the Surface Mining and Reclamation Act.

(Ord. No. 4062, § 1, 9-10-13)

A.

Permitted Uses. Table 24-16-1 (Permitted Land Uses in the Natural Resource Zones) identifies land uses permitted in the natural resource zones.

TABLE 24-16-1 PERMITTED LAND USES IN THE NATURAL RESOURCE ZONES [1] [2]

Notes:

[1]

See Article 42 (Glossary) for definitions of listed land uses.

[2]

Standards in the Zoning Ordinance that apply to specific uses are identified under the column "Applicable Regulations," defined under Section 24-8G.5, and are intended to direct the reader to a section that is related to the use.

[3]

Only passive recreation with limited improvements is permitted. Allowed improvements include informational kiosks, parking areas, and other similar improvements.

[4]

No Conditional Use Permit or minor use permit shall be granted in a TPZ zone until a specific finding has been made that the proposed use is compatible with the growing and harvesting of timber and timber products, see section below.

[5]

Use allowed only if no alternative non-TPZ property available in the project area.

(Ord. No. 4062, § 1, 9-10-13; Ord. No. 4091, § 1, 1-27-15; Ord. No. 4094, § 3, 4-21-15; Ord. No. 4134, § 1(Att. A), 9-26-17; Ord. No. 4159, § 1(Att. A), 3-26-19; Ord. No. 4161, § 1(Att. A), 5-7-19; Ord. No. 4197, § 7, 1-12-21; Ord. No. 4225, § 1, 1-24-23; Ord. No. 4244, § 1, 4-23-24; Ord. No. 4253, § 1, 10-8-24)

24-17 - Development standards for natural resource zones.

A.

Parcel Size and Density. Table 24-17-1 (Parcel Size and Density for Natural Resource Zones) identifies the parcel size and density standards that apply in the natural resource zones.

Notes:

[1]

Applies only to the creation of new parcels.

B.

Setbacks and Height. Table 24-17-2 (Setback and Height Standards for Natural Resource Zones) identifies development standards that apply in the natural resource zones.

TABLE 24-17-2 SETBACK AND HEIGHT STANDARDS FOR NATURAL RESOURCE ZONES

Notes:

[1]

For parcels with a front property line extending to the centerline of the public right-of-way abutting the parcel, the front setback shall be measured from the edge of the public right-of-way.

C.

Maximum Permitted Height in Natural Resources Zones.

1.

Residential Structures. The maximum permitted height of residential structures within a natural resources zone is thirty-five (35) feet.

2.

Non-Residential Structures. The maximum permitted height of non-residential structures within a natural resource zones is fifty (50) feet, except as allowed by Subsection 3 below.

3.

Exceptions for Non-Residential Structures. Water tanks, agricultural processing equipment and silos, aggregate processing equipment, granaries, barns, pole buildings, electronic towers, antennas, and similar structures associated with agricultural and natural resource extraction uses may exceed fifty (50) feet in height provided they do not exceed height restrictions in regulated airport approach zones. Such structures shall not exceed the maximum height necessary to perform its intended function. See also Section 24-157 (Alternative Energy Structures) concerning the height of alternative energy structures, and Article IV, Division 2 (Telecommunication Facilities) concerning the height of towers, antennas, and similar structures not associated with agriculture. No structures shall exceed the maximum permitted height in areas as specified in Section 24-49 (Height Measurement) and the County's Military Overlay Zone Map.

D.

Rezoning. Any rezoning of the land from a Timber Production Zone (TPZ) zone to another zone shall be in strict conformance with the requirements of the California Timberland Productivity Act of 1982 (Section 51100 et seq. of the Government Code).

E.

Conditional Use Permits and Minor Use Permits in TPZ Districts. No Conditional Use Permit or Minor Use Permit shall be granted in a TPZ zone until the following additional requirements are met:

1.

A Registered Professional Forester (RPF) will be required to find that the use will not negatively detract from the ability to grow and harvest timber and timber products. The conditional use will be determined to be compatible with timber growing and harvesting. The RPF will provide all supporting documentation to the Department of Development Services.

2.

A "right-to-log" disclosure shall be signed by the owner/operator in a TPZ zone when a Conditional Use Permit or Minor Use Permit is proposed. The "right-to-log" disclosure shall be provided to the Department of Development Services and shall include provisions that permitted uses may be subject to inconveniences associated with timber management and harvesting, and that such operations take precedent over conditionally permitted uses.

(Ord. No. 4062, § 1, 9-10-13)