Butte County Municipal Code Div. 1 Height Measurement and Exceptions

This article establishes rules for the measurement of structure height and identifies permitted exceptions to the maximum allowed structure height. Specific height standards are set forth in Article II -Zoning Districts, Land Uses, and Development Standards.

(Ord. No. 4062, § 1, 9-10-13)

The height of a structure shall be measured as the vertical distance from the average level of the highest and lowest point of the portion of finished grade covered by the structure to the highest point of the structure. See Figure 24-49-1 (Structure Height).

FIGURE 24-49-1 STRUCTURE HEIGHT

[Figure]

(Ord. No. 4062, § 1, 9-10-13)

A structure shall not exceed the maximum permitted height for the zone in which it is located, except as allowed by Section 24-51 (Height Limit Exceptions).

(Ord. No. 4062, § 1, 9-10-13)

A. Telecommunication Facilities. Wireless telecommunications facilities are regulated under Article IV, Division 2 (Telecommunication Facilities).

B. Alternative Energy Structures. Alternative energy structures are regulated under Section 24-157 (Alternative Energy Structures).

C. Allowed Exceptions. Towers, gables, spires, cupolas, water tanks, and similar structures, including mechanical appurtenances, may exceed the maximum permitted structure height if all of the following apply:

1. The tower or similar structure covers an area fifteen (15) percent or less of the total structure footprint area;

2. The tower or similar structure is not used for sleeping or eating quarters; and

3. The tower or similar structure is used only for purposes incidental to the primary use of the habitable space. See Figure 24-51-1 (Exceptions to Height Limit).

FIGURE 24-51-1 EXCEPTIONS TO HEIGHT LIMIT

[Figure]

4. No structures shall exceed the maximum permitted height in the Military Review Area as identified in the County's Military Overlay Zone Map, except as specified in section 24-47 Military Airspace Overlay Zone (-MA).

5. For the purposes of calculating height, the height of wind turbines shall mean the distance from ground to top of the blade in vertical position.

D. Permit Required. Allowed exceptions to the maximum permitted structure height identified in Subsection C (Allowed Exceptions) require the approval of:

1. An Administrative Permit if the structure exceeds the height limit by ten (10) feet or less; or

2. A Minor Use Permit if the structure exceeds the height limit by more than ten (10) feet but no more than twenty (20) feet.

(Ord. No. 4062, § 1, 9-10-13)