Butte County Municipal Code § 24-22 Land use regulations for commercial and mixed use zones

A. General Commercial (GC). The purpose of the GC zone is to allow for a full range of retail, service, and office uses to serve residents, workers, and visitors. Standards for the GC zone are intended to ensure that a diversity of commercial uses are available within convenient locations throughout the county. Permitted uses include general retail, personal services, professional offices, restaurants, gas and service stations, hotels and motels, and other similar commercial uses. Multiple-family dwellings, vehicle repair, light manufacturing, and warehousing and storage are permitted in the GC zone with the approval of a Conditional Use Permit. Single-family homes are not permitted in the GC zone. The maximum permitted floor area ratio in the GC zone is four-tenths (0.4). The GC zone implements the Retail and Office land use designation in the General Plan.

B. Neighborhood Commercial (NC). The purpose of the NC zone is to allow for retail and service uses that meet the daily needs of nearby residents and workers. Standards for the NC zone are intended to reduce the need to drive by providing everyday goods and services close to where people live and work, and by allowing for centers of neighborhood activity that support small, businesses. Permitted uses in the NC zone are similar to the GC zone, except that vehicle repair, light manufacturing, and warehousing and storage uses are not allowed. The maximum permitted floor area ratio in the NC zone is three-tenths (0.3). The NC zone implements the Retail and Office land use designation in the General Plan.

C. Community Commercial (CC). The purpose of the CC zone is to allow for retail and service uses in proximity to residents in rural areas of the county. Standards in the CC zone are intended to increase rural residents' access to retail products and services and to reduce the need for residents of remote communities to drive long distances to meet basic needs. Permitted uses include general retail, personal services, professional offices, restaurants, hotels and motels, and other similar commercial uses. Dwelling units are permitted in the CC zone. The maximum permitted floor area ratio in the CC zone is two-tenths (0.2). The CC zone implements the Retail and Office land use designation in the General Plan.

D. Recreation Commercial (REC). The purpose of the REC zone is to allow for unique recreation and tourism-related uses to serve County residents and visitors. Standards in the REC zone are intended to allow for only those uses that are consistent with this objective. Conditionally permitted uses in the REC zone include golf courses and country clubs, parks and recreational facilities, RV parks, marinas, resorts and vacation cabins, restaurants, retail, and other similar uses. The maximum permitted floor area ratio in the REC zone is four-tenths (0.4). The REC zone implements the Recreation Commercial land use designation in the General Plan.

E. Sports and Entertainment (SE). The purpose of the SE zone is to allow for sports and entertainment uses, including sports facilities, golf courses, theaters, and amphitheaters, as well as a range of related commercial uses that are compatible with the Sports and Entertainment zone. The related uses may include localized retail, commercial retail, and service establishments. The maximum permitted floor area ratio in the SE zone is four-tenths (0.4). The SE zone implements the Sports and Entertainment land use designation in the General Plan. The Sports and Entertainment designation was enacted under Butte County Ordinance 3570, where additional information concerning this designation may be found. This designation is unique to several parcels of approximately one hundred (100) acres located in Butte Valley near the intersections of Highway 70 and Highway 191 (Clark Road).

F. Mixed Use (MU). The purpose of the MU zone is to allow for a mixture of residential and commercial land uses located close to one (1) another, either within a single building, on the same parcel, or on adjacent parcels. Standards in the MU zone are intended to reduce reliance on the automobile, create pedestrian-oriented environments, and support social interaction by allowing residents to work or shop within walking distance to where they live. Permitted commercial uses include general retail, personal services, restaurants, professional offices, and other similar uses. Permitted residential density in the MU zone ranges from a minimum of six (6) dwelling units per acre to a maximum of twenty (20) dwelling units per acre. The maximum permitted floor area ratio in the MU zone ranges from three-tenths (0.3) to five-tenths (0.5). The MU zone implements the Mixed Use land use designation in the General Plan.

(Ord. No. 4062, § 1, 9-10-13; Ord. No. 4105, § 1, 1-12-16)

A. Permitted Uses. Table 24-22-1 (Permitted Land Uses in the Commercial and Mixed Use Zones) identifies land uses permitted in the commercial and mixed use zones.

TABLE 24-22-1 PERMITTED LAND USES IN THE COMMERCIAL AND MIXED USE 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 in conjunction with a permitted commercial use. Single-family homes shall comply will all site development standards for MDR zones as specified in Section 24-20 (Development Standards for the Residential Zones).

[4]

Permitted only as an interim use on parcels of one (1) acre or more in size prior to subdivision and development with commercial uses.

[5]

Agricultural Wind Energy System not allowed in any commercial zone.

[6]

Permitted only on sites of two (2) acres or more in size.

(Ord. No. 4062, § 1, 9-10-13; Ord. No. 4091, § 1, 1-27-15; Ord. No. 4094, § 5, 4-21-15; Ord. No. 4105, § 1, 1-12-16; Ord. No. 4119, § 1, 9-13-16; 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. 4237, § 4, 1-23-24; Ord. No. 4244, § 1, 4-23-24)

A. Mixed Use Sub-Zones. The MU zone is divided into three sub-zones, each with its own minimum parcel size. All standards that apply to the MU zone in general also apply to each individual sub-zone, except for minimum parcel area as specified in Table 24-23-1 (Parcel Size, Residential Density, and Intensity Standards for Commercial and Mixed Use Zones).

B. Parcel Size and Density. Table 24-23-1 (Parcel Size, Residential Density, and Intensity Standards for Commercial and Mixed Use Zones) identifies the parcel size, residential density, and intensity standards that apply in commercial and mixed-use zones.

TABLE 24-23-1 PARCEL SIZE, RESIDENTIAL DENSITY, AND INTENSITY STANDARDS FOR COMMERCIAL AND MIXED USE ZONES

Notes:

[1]

Applies only to the creation of new parcels through the subdivision process.

[2]

Floor Area Ratio is defined and illustrated in Article VII, Division 1 (Glossary). The calculation of floor area ratio excludes floor area occupied by residential uses.

C. Structure Setbacks and Height. Table 24-23-2 (Setback and Height Standards for Commercial and Mixed Use Zones) identifies structure setback and height standards that apply in commercial and mixed use zones.

TABLE 24-23-2 SETBACK AND HEIGHT STANDARDS FOR COMMERCIAL AND MIXED USE ZONES

[1]

Buildings on corner lots in Commercial and Mixed Use zones shall be designed to provide for adequate and safe sight distance for vehicles at adjacent intersections as approved by the Director of Public Works.

D. Expansion or Replacement of Existing Allowed Uses in the REC Zone.

1. A single expansion or a replacement of existing allowed uses within the REC zone is allowed through a Minor Use Permit for no more than:

a. Two thousand five hundred (2,500) square feet per structure; or

b. Ten thousand (10,000) square feet total if:

1. The project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan, and

2. The area in which the proposed expansion is located is not environmentally sensitive.

3. The Minor Use Permit shall be subject to all development standards (e.g., parking, landscaping, and setbacks) as set forth under this chapter.

4. A single minor expansion or replacement of existing allowed uses within the REC zone for no more than fifty (50) square feet per structure is allowed through an Administrative Permit.

E. Allowed Uses, Expansion or Replacement of Existing Allowed Uses in the REC zone applicable to property owned and operated by the Jonesville Cabin Owner's Association for seasonal use vacation cabins in the Jonesville area of Butte County.

1. Commercial uses as set forth under Table 24-22-1, Permitted Land uses in the Commercial and Mixed Use Zones are not permitted.

2. Each of the existing seasonal use vacation cabins may be expanded in size or replaced subject to an Administrative Permit, unless otherwise noted, and subject to the following requirements:

a. The governing board and owner of the property shall provide the County with their permission to approve the proposed expansion or replacement as proposed under the Administrative Permit and Building Permit.

b. The expansion or replacement shall not cause the total size of the cabin to exceed one thousand eight hundred (1,800) square feet.

c. A single minor expansion or replacement for not more than two hundred twenty-five (225) square feet per cabin is allowed without being subject to an Administrative Permit. Additional expansions or replacements shall be subject to an Administrative Permit.

(Ord. No. 4062, § 1, 9-10-13; Ord. No. 4105, § 1, 1-12-16)

A. Applicable Regulations. All new development on the site shall be reviewed to comply with all applicable federal, State, and local laws, ordinances, and regulations.

B. Utilities. A water system for a public use and a sewage treatment and disposal system shall be constructed in compliance with applicable standards.

C. Roadways. All interior roadways shall be private roads; the installation and maintenance of such shall not be borne by the County or any other public agency. By the same token, the construction of private roads need not be pursuant to County standards.

D. Highway Access. Access to a parcel zoned SE from any State highway shall be provided as required by the California Department of Transportation.

E. Traffic Control and Security Plan. At least thirty (30) days prior to the first event at any amphitheater facility, a traffic control and security plan shall be prepared in coordination with the Butte County Sheriff, the Butte County Office of Emergency Services, the California Highway Patrol, the Butte County Agricultural Commissioner, and the Butte County Fire Marshall. This plan shall address such elements as satellite parking facilities, shuttle bus usage and routes, information brochures, emergency services access, employee ride share during major events, avoidance of conflicts with agricultural operations, and the security and safety for spectators, visitors and employees, including fire and police protection, costs of which shall be borne by the owners of the facility. The plan shall be updated at least every two (2) years in coordination with the same agencies.

F. Archaeological Resources. If evidence of subsurface archaeological resources is found during construction, excavation in the vicinity of the find shall cease, a professional archaeologist shall conduct an evaluation in accordance with State and federal laws and regulations, and the find shall be documented or preserved to the extent required by applicable laws and regulations.

(Ord. No. 4062, § 1, 9-10-13)