Butte County Municipal Code § 24-47 Military airspace overlay zone (-MA)

The overlay zones in this article establish standards and regulations that apply to specified areas, in addition to the requirements established by the underlying base zone. Whenever a requirement of an overlay zone conflicts with a requirement of the underlying base zone, the overlay zone requirement shall control. Where two (2) or more overlay zone requirements conflict, the Zoning Administrator shall determine the appropriate requirement. For overlay zones that implement an adopted specific plan or neighborhood plan, the standards and regulations from each specific plan or neighborhood plan shall apply.

(Ord. No. 4062, § 1, 9-10-13)

A. Purpose. The Airport Compatibility (-AC) overlay zone identifies areas in unincorporated Butte County where additional requirements apply to ensure the compatibility of land uses and development with nearby airport operations.

B. Applicability. The -AC overlay zone applies to land within unincorporated Butte County designated as an Airport Influence Area in the Butte County Airport Land Use Compatibility Plan (ALUCP).

C. Land Use Regulations. All development projects and land use actions proposed within the -AC overlay zone shall comply with the compatibility criteria specified in the ALUCP, excluding those criteria specifically overruled by the Board of Supervisors in a manner consistent with Public Resources Code Section 21676.

D. Actions Requiring Airport Land Use Commission (ALUC) Review.

1. Prior to final action by the County, the Department of Development Services shall submit to the ALUC application materials for the following proposed land use actions:

a. General Plan amendments affecting land located within the -AC overlay zone.

b. Specific plans or specific plan amendments affecting land located within the -AC overlay zone.

c. Zoning Ordinance or Building Code amendments affecting land located within the -AC overlay zone.

2. For proposed land use actions requiring ALUC review, the County shall consider ALUC comments, if available, at a public hearing prior to taking final action on the application. If the ALUC finds that the proposed land use action conflicts with the Butte County Airport Land Use Compatibility Plan, the County may approve the application and overrule the ALUC only as specified in Public Resources Code Section 21676.

(Ord. No. 4062, § 1, 9-10-13)

A. Purpose: The Butte Creek Canyon (-BCC) overlay zone preserves and protects the uniquely valuable qualities of Butte Creek Canyon which is a significant resource of Butte County. The purpose of the -BCC overlay zone is to facilitate the protection and preservation of the scenic resource and the historical and ecological foundation of Butte Creek Canyon, including the survival of endangered wild salmon, steelhead and other sensitive plants and animals such as the East Tehama Deer herd, preservation of historical sites and ecological preserves, and the optimum balance of recreation and residential use.

B. Administrative Relief. If the application of the -BCC overlay zone inhibits development of a primary dwelling, as allowed by the base zone, to the extent that it cannot be permitted, the Director of Development Services shall determine a feasible and appropriate building site based upon existing site constraints and the -BCC overlay zone's land use development standards.

C. Applicability:

1. The -BCC overlay zone applies to the Butte Creek Canyon area, as shown by the -BCC overlay zone map.

2. The -BCC overlay zone may be combined with any base zone except the AG-160 (Agriculture, 160-acre minimum parcel size), TM (Timber Mountain), TP (Timber Preserve), and Industrial zones. The -BCC overlay zone may be applied to any future rezone of an AG-160, TM, TP, or Industrial zone in the Butte Creek Canyon area.

3. The -BCC overlay zone shall not require changes to existing legal uses and structures, or cause such structures or uses to become nonconforming. Any expansion or modification of nonconforming uses and structures shall comply with this chapter and Butte County Code Chapter 24, Article 22. Nonconforming Uses and Structures.

D. Land Use and Development Standards:

1. Public Hearings and Noticing. When a public hearing is required in accordance with the Butte County Zoning Ordinance, in addition to the requirements set forth under Chapter 24, Article 36, Public Notice and Hearings, which requires notice of the hearing to be mailed to all owners of real property within three hundred (300) feet of the exterior boundary of the parcel that is the subject of the hearing, public notice shall also be provided by email to all interested parties through a list maintained by the Department of Development Services.

2. Hillside Development Standards. This section does not apply to operations subject to the State Forest Practices Act or State Forest Practice Rules.

a. Slope. Development in areas with a slope of greater than fifteen (15) percent shall be permitted only when an alternative development area with a slope of less than fifteen (15) percent is not available on the parcel, or as otherwise permitted by the Director of Development Services pursuant to Section 24-34.1 B. Administrative Relief.

b. Vegetation Removal. Removal of living and healthy vegetation outside of a development area as defined in Chapter 24, Article 42 (Glossary) shall not be permitted, except under the following circumstances:

i. Vegetation removal required to comply with defensible space requirements set forth in Public Resources Code Section 4290 (Fire Safety Regulations).

ii. Removal of dead, dying, diseased, or hazard trees.

iii. Fuel breaks and fuel reduction consistent with projects undertaken by local Fire Safe Councils or other public and non-profit entities.

iv. Routine agricultural grading as defined under Chapter 13, Article 1. Grading, Section 135(g).

v. Projects relating to the installation, maintenance, or repair of a public utility.

vi. Projects undertaken in compliance with a Streambed Alteration Permit approved by the California Department of Fish and Wildlife.

vii. Non-native and invasive plant eradication.

viii. Pedestrian walkways and trails.

3. Clustered Development. Clustered Development as allowed by Chapter 24, Article 18, Clustered Development, shall be prohibited.

4. Butte Creek Canyon Ridgeline Development. The specific canyon ridgelines subject to this section are shown on the -BCC overlay zone exhibit. Ridgelines on the -BCC overlay zone map are shown in their approximate location. A site review is required to determine specific locations (see below). In order to preserve views of designated canyon ridgelines, development on either side of designated canyon ridgelines shall comply with the following minimum development standards:

a. Ridgeline Setbacks:

i. Buildings less than twenty-five (25) feet in height: A 100-foot building setback is required from either side of the designated ridgeline.

ii. Buildings equal to or greater than twenty-five (25) feet in height: A 150-foot building setback is required from either side of the designated ridgeline.

iii. Walls and fences pursuant to Chapter 24, Article 13, Walls and Fences: A 100-foot building setback is required from either side of the designated ridgeline.

iv. Accessory decks, patios, and railings are not subject to the ridgeline setback.

v. The specific location of the designated canyon ridgeline shall be determined through an on-site review by the Department of Development Services.

b. Alternative Building Design Standards. As an alternative to the ridgeline setbacks as set forth under this section, the following building design standards shall be required through an administrative permit. The building design standards as set forth shall be approved by the Director of Development Services during administrative permit review. It is the obligation of the applicant to furnish the materials and plans necessary, with the administrative permit application, to facilitate review and compliance with these standards:

i. Exterior Wall Surfaces. The apparent size of exterior wall surfaces visible from off the site shall be minimized through the use of setbacks, overhangs, roof pitches, native landscaping, and/or other means of horizontal and vertical articulation to create changing shadow lines and break up massive forms.

1. Colors and Materials. A mixture of materials and color shall be used to blend structures with the natural appearance of the hillside.

2. Based upon the graphic principle that darker colors are less noticeable than light colors, darker tones, including earth tones shall generally be used for building walls and roofs on highly visible sites so that buildings and exterior finishes appear to blend in with the natural terrain.

ii. Roofs. Roof pitches shall generally be placed to follow the angle of the slope; but with variations to avoid a monotonous appearance.

iii. Support Structures. Support structures (for example, columns, pilings, etc.) below the lowest floor on the downhill side of a house shall be enclosed or colored and de-signed to blend with the natural appearance of the hillside.

iv. Any additional standards proposed by the applicant that would mitigate visual impacts to the ridgeline as determined by the Director of Development Services.

5. Historic, Cultural, and Archeological Sites. Prior to any building permit issuance or discretionary approval at the following recognized sites, the Department of Development Services shall consult with the California Historical Resources Information System (Northeast Information Center) at CSU Chico for recommendations and mitigations necessary to preserve historic, cultural and archeological resources:

a. Nicholl Family Cemetery in Helltown.

b. Boneyard Flat in Helltown.

c. Centerville Schoolhouse.

d. Centerville Cemetery.

e. Honey Run Covered Bridge.

6. Heavy Equipment Storage:

a. Heavy equipment storage yards in the FR (Foothill Residential) and RR (Rural Residential) zones shall be setback one hundred (100) feet from County roads and screened to prevent view from the road through the use of a wall, fence or vegetation. Walls and fences used for this purpose shall comply with Butte County Code Chapter 24, Article 13, Walls and Fences.

7. Outdoor Lighting:

a. All outdoor lighting shall be regulated using the same standards as set forth under Butte County Code Chapter 24, Article 14, Outdoor Lighting.

b. Outdoor lighting shall use full cut-off fixtures directing lighting to buildings and outdoor activity areas, shielding off-site areas and the night sky.

8. Watershed Protection. This section does not apply to operations subject to the State Forest Practice Act or State Forest Practice Rules.

a. Land Use Regulations. Zoning amendments that propose to allow for the creation of additional parcels (exceeding amounts allowed under the November 6, 2012 Zoning Map) shall not be allowed, unless the Board of Supervisors, through its police powers, acts to amend this section of the zoning ordinance to allow such zoning amendments.

b. Maximum Impervious Surface. Impervious surfaces are those surfaces that prevent normal water infiltration and/or cause runoff to other areas, such as asphalt, concrete, and structures (surfaces that are one hundred (100) percent impermeable to water percolation). For new development within the -BCC overlay zone, impervious surfaces shall be limited in accordance with the following standards:

i. Parcels one (1) acre in size or greater. Impervious surface shall not exceed fifteen (15) percent of the parcel's total size.

ii. Parcels less than one (1) acre in size, see Table 24-34.1-1 below.

Table 24-34.1-1 Maximum Impervious Surface for Parcels Less than 1-acre in Size

iii. Road surfaces and other areas such as patios and driveways shall not count as being impervious if they are surfaced with gravel or are finished with pervious pavement or asphalt.

c. Vegetative Buffers. In addition to the requirements set forth under Chapter 24, Article 16 (Riparian Areas), vegetative buffers shall be maintained on all sides of water bodies as follows:

i. Perennial and intermittent rivers and streams, as shown on the latest USGS 7.5 minute quad map: One hundred (100) lineal feet.

ii. Buffer distances shall be measured in accordance with Chapter 24, Article 16 (Riparian Areas), Section 24-77 A.

iii. All structures, grading, excavation, removal of trees, use of fertilizers and pesticides, sewage disposal, and paving, excepting those uses set forth under Article 16 (Riparian Areas) Section 24-78 A. Permitted Activities, and Section 24-78 B. Conditionally Permitted Uses, are prohibited within vegetative buffer areas.

iv. Vegetation removal, as permitted under Section 24-34.1 (D)(2)(b), is allowed.

d. Septic System and Portable Chemical Toilet Setbacks:

i. Septic systems for new development shall be setback a minimum of two hundred (200) feet from perennial and intermittent rivers and streams, as shown on the latest USGS 7.5 minute quad map.

ii. Minimum setback distances shall be measured in accordance with Chapter 24, Article 16 (Riparian Areas), Section 24-77 A.

iii. Repair or replacement of a septic system on existing development that does not com-ply with the 200-foot setback may be allowed if it is determined by the Local Enforcement Agency that water quality can be maintained.

iv. If no other feasible alternative exists, a 100-foot septic system setback may be allowed for new development if it is determined by the Local Enforcement Agency that water quality can be maintained.

v. Portable chemical toilets for temporary use at construction sites or for special events shall be setback a minimum of two hundred (200) feet from perennial and intermittent rivers and streams.

e. Erosion Control:

a. An erosion and sediment control plan, pursuant to Butte County Code Section 13-10, shall be approved by the county prior to issuance of a building permit and subject to the following additional requirements and building standards:

i. Erosion and sediment control plans shall not be required for public utilities, residential additions that are less than twenty-five (25) percent of the size of the original structure, or permitted accessory uses and structures defined under Butte County Code Section 24-156.

ii. The plan shall be prepared by a professional civil engineer registered by the State of California, or a Qualified Stormwater Developer who holds the certification required by the CA Water Quality Control Board's Construction General Permit 2009-009-DWQ.

iii. The plan shall identify measures to prevent sediment and other pollutant discharges from reaching watershed drainages and streams, and shall address both interim (during construction) and final (post construction) erosion control measures.

iv. All driveways proposed for new home sites shall be surfaced with at least two (2) inches of Class 2 aggregate base, unless required by the County to be developed to a higher standard.

v. Soil disturbance shall not be conducted during the rainy season (November 15 through April 1). The county may require financial security to ensure that control measures are implemented and maintained.

vi. All areas where land clearing has been completed between April 1 and November 15 shall be re-vegetated, hydroseeded, mulch protected, or otherwise stabilized no later than December 1.

vii. Site work shall be limited to the permitted development area, and shall preserve natural topography and vegetation at the site to the greatest possible extent.

E. Coordination with Other Regulatory Agencies. All required permits from the California Department of Fish and Wildlife, the California Department of Forestry and Fire Protection, the U.S. Army Corps of Engineers, the California State Regional Water Quality Control Board, the Central Valley Flood Protection Board, or other applicable agencies, including any permit required under an approved Habitat Conservation Plan, shall be obtained prior to, concurrently with, or as a condition of, the approval of any county permits for development within the -BCC overlay zone. Evidence of approval or pending approval of any such permit shall be submitted to the county, including all appropriate supporting materials, environmental documentation, and studies.

(Ord. No. 4144, § 1(Att. A), 4-24-18; Ord. No. 4189, § 1, 10-27-20)

A. Purpose. The Chapman Mulberry (-CM) overlay zone is intended to preserve and enhance the unique characteristics of the Chapman Mulberry neighborhood in a manner consistent with the Chapman Mulberry Neighborhood Plan. The -CM overlay zone identifies the areas where the goals, policies, and standards contained in the Chapman Mulberry Neighborhood Plan apply.

B. Applicability. The -CM overlay zone applies to all parcels within the Chapman Mulberry area as shown on the Zoning Map.

C. Land Use Regulations. All development in the -CM overlay zone shall comply with the provisions in the Chapman Mulberry Neighborhood Plan as adopted by the Board of Supervisors on January 25, 2000 (Resolution #00-12 and Ordinance #3579). Should the provisions of the Chapman Mulberry Neighborhood Plan and the Zoning Ordinance conflict, the Chapman Mulberry Neighborhood Plan shall control.

(Ord. No. 4062, § 1, 9-10-13)

A. Purpose. The Cohasset (-CH) overlay zone establishes development standards and use regulations to ensure that development within the overlay zone is consistent with adopted policies and standards for the Cohasset Planning Area. The general intent of these standards and regulations is to preserve the foothill character of the area, protect sensitive natural resources, allow development in a manner consistent with environmental constraints, and protect persons and property from natural hazards related to development within foothill areas.

B. Applicability. The -CH overlay zone applies to parcels within the boundaries of the Cohasset Planning Area.

C. General Requirements. All development within the -CH overlay zone shall comply with the Development Policies, Standards, and Implementation Measures for the Cohasset Planning Area as adopted by the Board of Supervisors on May 20, 1986 (Ordinance No. 2526).

D. Land Use Regulations. Permitted and conditionally permitted uses in the -CH overlay zone shall be the same as the base zone.

E. Hillside Development Standards.

1. Development in areas with a slope of greater than thirty (30) percent shall be permitted only when:

a. An alternative building site with a slope of thirty (30) percent or less is not available on the parcel; and

b. All other applicable development standards can be met.

2. Removal of vegetation outside of a development area as defined in Article VII, Division 1 (Glossary) shall not be permitted, except to comply with defensible space requirements set forth in Public Resources Code 4290 (Fire Safety Regulations).

3. Grading is limited only to the minimum required for preparation and access to the development area of a parcel.

F. Setbacks. The minimum setback from all property lines is thirty (30) feet for all structures or as required by current Public Resources Code 4290 (Fire Safe Regulations).

G. Structure Separation. The minimum separation between structures on a parcel shall be sixty (60) feet.

H. Private Driveways.

1. Private driveways less than two hundred (200) feet in length shall be not less than twelve (12) feet in width.

2. Private driveways two hundred (200) feet or more in length shall be:

a. Not less than sixteen (16) feet in width; and

b. Terminated by a circular driveway as specified in the Development Policies, Standards, and Implementation Measures for the Cohasset Planning Area.

(Ord. No. 4062, § 1, 9-10-13)

A. Purpose. The Deer Herd Migration (-DH) overlay zone is intended to protect sensitive habitat areas for migratory deer herds while continuing to allow development and the reasonable use of land within these areas.

B. Applicability.

1. The -DH overlay zone may be combined with any base zone.

2. The -DH overlay zone implements the Winter and Critical Winter Deer Herd Migration Area Overlay General Plan designation.

C. Land Use Regulations. Permitted and conditionally permitted uses in the -DH overlay zone are the same as the base zone, subject to the requirements of this section.

D. Minimum Parcel Size. Any subdivision of land within the -DH overlay zone shall comply with the following minimum parcel size requirements:

1. Winter range area: twenty (20) acres.

2. Critical winter area: forty (40) acres.

E. Clustering of Structures.

1. Development within the -DH overlay zone may be clustered in a manner consistent with Article III, Division 8 (Clustered Development).

F. Fence Standards.

1. Fences within the -DH overlay zone shall comply with the following standards, except as exempted by Subsection 2 below:

a. The distance between ground and bottom strand or board of the fence shall be no less than sixteen (16) inches.

b. The fence height shall be no more than forty-eight (48) inches.

c. The fence shall be constructed from smooth wire, barbed wire, wood, or similar material that will not be harmful to deer.

2. The following fences shall be exempt from the fence standards in Subsection 1 above:

a. Fences around home sites designed to exclude wildlife from gardens or landscaping.

b. Fences or corrals used for livestock.

c. Fencing necessary to secure domestic animals and private kennels or enclosures for securing dogs.

(Ord. No. 4062, § 1, 9-10-13)

A. Purpose. The North Chico Specific Plan (-NCSP) overlay zone identifies areas where the goals, policies and standards contained in the North Chico Specific Plan apply.

B. Applicability. The -NCSP overlay zone applies to parcels within the boundaries of the North Chico Specific Plan.

C. Development Regulations. All development in the -NCSP overlay zone shall comply with the provisions in the North Chico Specific Plan. Should the provisions of the North Chico Specific Plan and the Zoning Ordinance conflict, the North Chico Specific Plan shall control.

(Ord. No. 4062, § 1, 9-10-13)

A. Purpose. The Public Housing (-PH) overlay zone is intended to support the continued operation of existing public housing facilities and those facilities under the direct ownership, operation, control, or oversight of a governmental or quasi-governmental agency. This overlay zone is intended to support the implementation of the County's Housing Element and to support the County's agricultural labor, special needs, and low- and moderate-income housing communities. The -PH overlay zone supports a mixed-use living environment developed at a scale that is complimentary and accessory to the primary housing purposes of the site. It encourages and accommodates the development of a variety of land uses in addition to housing focused on serving the needs of on-site residents and local community populations with health care, education, recreation, and support services.

B. Applicability. The -PH overlay zone may be applied to any parcel owned, operated, or otherwise controlled by a governmental or quasi-governmental entity within unincorporated Butte County and may be combined with the Public base zone.

C. Use Regulations. Permitted and conditionally permitted uses in the -PH overlay zone shall be the same as the base zone, except as specified below.

1. Permitted Uses. The following uses are permitted as-of-right in the -PH overlay zone:

a. Single- or multiple-family residential dwelling units not exceeding thirty-five (35) feet in height.

b. Health clinics and health service facilities supporting the needs of on-site and local community populations served by the public entity.

c. Education centers and facilities supporting the needs of on-site and local community populations.

d. Religious facilities supporting the needs of on-site and local community populations.

e. Housing and administrative offices supporting the needs of on-site and local community populations served by the public entity.

f. Recreation facilities and structures supporting the needs of on-site and local community populations served by the public entity.

g. Utility services and infrastructure to include water and waste disposal facilities necessary and sized to accommodate on-site utility needs.

h. Public transit amenities.

i. Accessory structures and uses supporting permitted uses.

2. Minor Use Permit Required.

a. Permitted Uses. The following uses are permitted in the -PH overlay zone with the approval of a Minor Use Permit.

1. Multiple-family residential dwelling units exceeding thirty-five (35) feet in height.

2. Neighborhood Commercial (Article 7, Section 24-21B) uses of one thousand five hundred (1,500) square feet or less and consistent with the primary use of the site for public housing purposes.

3. Personal Services uses, as defined under Article VII, Division 1 (Glossary), of one thousand (1,000) square feet or less and consistent with the primary use of the site for public housing purposes.

4. Community Gardens as defined under Article VII, Division 1 (Glossary) and Animal Keeping subject to the standards for residential zones under Section 24-158 (Animal Keeping).

5. Other similar uses determined by the Zoning Administrator to be consistent with the purpose and intent of the -PH overlay zone as allowed by Section 24-8 (Rules of Interpretation).

b. Submittal Requirements. In addition to the submittal materials required by Article V, Division 5 (Conditional Use and Minor Use Permits), applicants shall submit all information and materials as required by the Zoning Administrator to determine compliance with the requirements of the -PH overlay zone.

3. Use Permit Required.

a. When Required. Any use that exceeds the limitations for a Minor Use Permit may be allowed within the -PH overlay zone subject to the issuance of a Conditional Use Permit.

b. Submittal Requirements. In addition to the submittal materials required by Article V, Division 5 (Conditional Use and Minor Use Permits), applicants shall submit all information and materials as required by the Development Services Department to determine compliance with the requirements of the -PH overlay zone.

D. Development and Operational Standards.

1. Housing Density. Density within the -PH overlay zone shall be as provided under the Medium Density Residential zone, allowing up to six (6) units per acre.

2. Parcel Size. The minimum parcel size for the -PH overlay zone is five (5) acres.

3. Other Standards. All other standards (e.g. setbacks, height, parcel coverage) for development and uses within the -PH overlay zone are the same as the development standards that apply to the base zone.

(Ord. No. 4062, § 1, 9-10-13)

A. Purpose. The Recreation Commercial (-REC) overlay zone allows for the development of recreational activities and facilities to serve County residents and visitors in areas where such uses are prohibited by the base zones.

B. Applicability. The -REC overlay zone may be combined with any base zone, except for the Agriculture (AG), Agriculture Services (AS), Timber Production (TPZ), Public (PB), and Airport (AIR) zones.

C. Land Use Regulations. Permitted and conditionally permitted uses in the -REC overlay zone are the same as the base zone, except as specified below.

1. Permitted Uses. The following uses are permitted as-of-right in the -REC overlay zone:

a. Bed and Breakfasts

b. Commercial Recreation, Indoor

c. Commercial Recreation, Outdoor

d. Caretaker Quarters, only in conjunction with a permitted commercial use

e. Clubs, Lodges, and Meeting Halls

f. Hotels and Motels

g. Hunting and Fishing Clubs

h. Recreational Vehicle Parks

i. Restaurants

j. Retail, General

k. Stables, Commercial

l. Utilities, Minor

2. Administrative Permit Required. The following uses are permitted in the -REC overlay zone with the approval of an Administrative Permit:

a. Gas and Service Stations

b. Reverse Vending Machines

c. Parking Facilities

d. Utilities, Accessory, excluding Agricultural Wind Energy Systems

3. Minor Use Permit Required. The following uses are permitted in the -REC overlay zone with the approval of a Minor Use Permit:

a. Child Care Center

b. Cultural Institutions

c. Golf Courses and Country Clubs

d. Outdoor Education

e. Parks and Recreational Facilities

f. Stables, Semi-Private

g. Utilities, Intermediate

4. Conditional Use Permit Required. The following uses are permitted in the -REC overlay zone with the approval of a Conditional Use Permit:

a. Theme Parks and Amusement Parks of ten (10) acres or more in size

b. Utilities, Major

c. Water Ski Lakes

D. Development Standards. Development standards (e.g., setbacks, height, parcel coverage) for recreational development and uses within the -REC overlay zone are the same as the development standards that apply in the Recreation Commercial (REC) base zone.

(Ord. No. 4062, § 1, 9-10-13)

A. Purpose. The Retail (-RET) overlay zone provides for needed commercial uses in areas that would have otherwise been limited by the base zone.

B. Applicability. The -RET overlay zone may be combined only with a residential or industrial base zone.

C. Land Use Regulations. Permitted and conditionally permitted uses in the -RET overlay zone are the same as the base zone, except as specified below.

1. Permitted Uses. The following uses are permitted as-of-right in the -RET overlay zone:

a. General Retail: Up to one thousand five hundred (1,500) square feet.

b. Personal Services: Up to one thousand (1,000) square feet.

2. Minor Use Permit Required. The following uses are permitted in the -RET overlay zone with the approval of a Minor Use Permit:

a. General Retail: Greater than one thousand five hundred (1,500) square feet.

b. Personal Services: Greater than one thousand (1,000) square feet.

c. Veterinary Offices.

d. Pet Stores and Services.

e. Bed and Breakfast.

f. Drive-through Facilities.

g. Equipment Sales and Rental.

h. Hotel and Motel.

i. Medical Offices and Clinics.

j. Professional Offices.

k. Restaurants.

l. Vehicle Repair.

m. Vehicle Sales and Rental.

n. Vehicle Service and Maintenance.

D. Development Standards. Development standards (e.g., setbacks, height, parcel coverage) for commercial development and uses within the -RET overlay zone are the same as the development standards that apply in the Neighborhood Commercial (NC) zone.

(Ord. No. 4062, § 1, 9-10-13)

A. Purpose. The Scenic Highway (-SH) overlay zone establishes standards to preserve the natural aesthetic qualities of areas visible from roadways designated as scenic highways by the State of California or the Butte County Board of Supervisors (Butte County General Plan Figure COS-9, Scenic Highway Overlay Zones). Development within the -SH overlay zone is intended to feature high quality architectural design, preserve views from the highway, and maintain existing topographic features on the site.

B. Applicability.

1. The -SH overlay zone extends three hundred fifty (350) lineal feet outward from the edges of the scenic highway right-of-way. See Figure 24-42-1 (Scenic Highway Overlay Zone).

2. The -SH overlay zone may be combined with any base zone.

FIGURE 24-42-1 SCENIC HIGHWAY OVERLAY ZONE

[Figure]

C. Permit Required. Any development within the -SH overlay zone requiring the approval of a Building Permit shall also require the approval of a Minor Use Permit, except for:

1. A single-family home;

2. Accessory structures associated with a single-family home;

3. Parking facilities with ten (10) or fewer parking spaces; and

4. Demolitions.

5. Walls and Fences pursuant to Article III, Division 3 shall be subject to an Administrative Permit.

D. Land Use Regulations. Permitted or conditionally permitted uses in the -SH overlay zone, including minimum parcel sizes required for land divisions, are the same as the base zone, subject to the requirements of this section.

E. Development Standards. All structures and improvements to land in the -SH overlay zone shall comply with the following development standards:

1. All utilities and electric and communication distribution facilities shall be located underground.

2. The following signs as defined and discussed in Article III, Division 10 (Signs) shall be prohibited:

a. Off-site signs;

b. Temporary signs in all forms, including banners, pennants, streamers or posters; and

c. Freestanding signs.

3. Walls and fences shall be constructed of high quality materials and not detract from the aesthetic qualities of the -SH overlay zone or block views from the highway. Design standards as set forth under Section 24-60B (Design) shall apply.

F. Findings. To approve a Minor Use Permit for a proposed project within the -SH overlay zone, the review authority shall make all of the following findings, in addition to the findings required by Article V, Division 5 (Conditional Use and Minor Use Permits):

1. The architectural design of the proposed structures complements the scenic qualities of the site and surrounding areas.

2. The proposed project maintains existing views of scenic resources as viewed from the public right-of-way.

3. To the greatest extent possible, site grading and excavation associated with the proposed project preserves natural features on the site.

4. Landscaping associated with the proposed project complements the scenic qualities of the site and surrounding areas.

(Ord. No. 4062, § 1, 9-10-13)

A. Purpose. The Stringtown Mountain Specific Plan (-SMSP) overlay zone identifies areas where the goals, policies, and standards in the Stringtown Mountain Specific Plan apply.

B. Applicability. The -SMSP overlay zone applies to parcels within the boundaries of the Stringtown Mountain Specific Plan.

C. Land Use Regulations. All development in the -SMSP overlay zone shall comply with the provisions in the Stringtown Mountain Specific Plan approved by the Board of Supervisors on September 27, 1994 under resolution 94-114. Should the provisions of the Stringtown Mountain Specific Plan and the Zoning Ordinance conflict, the Stringtown Mountain Specific Plan shall control.

(Ord. No. 4062, § 1, 9-10-13)

A. Purpose. The Neal Road Recycling, Energy, and Waste Facility (-RW) overlay zone promotes compatible development around the Neal Road Recycling and Waste Facility. The -RW overlay zone also ensures adequate separation between the Neal Road Recycling and Waste Facility and land uses that are potentially incompatible with landfill activities. This overlay will help to promote the diversion of solid wastes into appropriate recycling facilities, energy generation, and other uses that add value and benefit to the local economy.

B. Location. The -RW overlay zone includes the Neal Road Recycling and Waste Facility, and the adjacent industrially zoned land and extends two thousand (2,000) linear feet from the boundaries of the Neal Road Recycling and Waste Facility, and the adjacent industrially zoned land.

C. Applicability. The -RW overlay zone may be combined with any other underlying zone.

D. Land Use Regulations. Permitted and conditionally permitted uses in the -RW overlay zone are the same as the base zone, except as specified below.

1. Prohibited Uses. All residential uses and uses that involve on-going occupation by people (e.g., hotels and motels, emergency shelters, hospitals) are prohibited in the -RW overlay zone.

2. Permitted Uses. Utilities, Minor.

3. Administrative Permit Required. Utilities, Accessory uses are permitted with the approval of an Administrative Permit.

4. Minor Use Permit Required. The following uses are permitted in the -RW overlay zone with the approval of a Minor Use Permit:

a. Composting facilities.

b. Anaerobic digestion facilities (in conjunction with power generation).

c. Solar power facilities.

d. Wind power facilities.

e. Septage receiving facilities.

f. Bio-gas extraction and power generation.

g. Recycling collection facilities.

h. Utilities, intermediate.

i. Telecommunication facilities.

j. Retail uses and restaurants serving surrounding businesses.

k. Parks and recreational facilities.

l. Public and quasi-public facilities.

m. Recycling processing facilities.

5. Conditional Use Permit Required. The following uses are permitted in the -RW overlay zone with the approval of a Conditional Use Permit:

a. All manufacturing and processing uses.

b. Construction, maintenance, and repair services.

c. Equipment sales and rentals.

d. Vehicle repair.

e. Vehicle service and maintenance.

f. Warehousing, wholesaling and distribution.

g. Utilities, major.

E. Development Standards.

1. The minimum parcel size in the -RW overlay zone is two and one-half (2.5) acres.

2. All other development standards (e.g., setbacks, height, parcel coverage) for development and uses within the -RW overlay zone are the same as the development standards that apply in base zone.

3. Development of land between SR-99 and the west face of the Neal Road Recycling and Waste Facility shall be assessed for visual impacts from SR-99.

4. Industrial uses shall be subject to the industrial standards specified in Section 24-27 (Development Standards for Industrial Zones).

(Ord. No. 4062, § 1, 9-10-13)

A. Purpose. The Unique Agriculture (-UA) overlay zone is intended to support and enhance Butte County's family farms, unique crops, or historic ways of farming by maintaining viable small-scale/historic agricultural operations and their essential rural setting in unique Rural Residential, Foothill Residential and Agricultural areas of the county. The -UA overlay zone accommodates a variety of uses developed at a scale that is complementary and accessory to unique agricultural pursuits. It encourages residents and visitors to learn more about agriculture in the county by allowing educational and tourism uses on working farms. This overlay zone also includes provisions to protect adjacent residential and agricultural uses.

B. Applicability. The -UA overlay zone may be combined with the Agriculture (AG), Rural Residential (RR), and Foothill Residential (FR) zones.

C. Use Regulations. Permitted and conditionally permitted uses in the -UA overlay zone are the same as the base zone, except as specified below.

1. Permitted Uses. The following uses are permitted as-of-right in the -UA overlay zone:

a. Bed and breakfasts (maximum one (1) per parcel).

b. Farm tours.

c. Farmstays.

d. Special events, such as farm trail events, weddings, concerts, parties, educational classes, corporate events and other similar activities.

2. Special Events - Maximum Number of Attendees. The following table provides maximum number of attendees at special events in the -UA overlay zone, based parcel size:

Notes:

[1]

Permitted as an accessory use.

[2]

Outdoor activities are limited to Sunday through Thursday 8:00 a.m. to 7:00 p.m.; and Friday, Saturday and Holidays 8:00 a.m. to 11:00 p.m. Indoor activities are permitted without restriction as to day or time.

[3]

Noise levels shall not exceed sixty (60) decibels (maximum) as measured at the nearest property line.

[4]

Individual events for up to four hundred (400) people approved through an Administrative Permit.

a. Agriculture-related museums.

b. Public tasting rooms for unique agricultural products produced within the -UA overlay zone.

c. Cooking demonstrations and food and wine parings not sold for consumption. The sale of catered food by licensed vendors. Vending machines and the sale of commercial pre-packaged foods.

d. Growing and harvesting of unique agricultural products as defined by Article VII, Division 1 (Glossary).

e. On-site fruit and vegetable picking of unique agricultural products.

f. Interactive animal displays (petting farms).

g. Processing, bottling or packaging of unique agricultural products produced within the Unique Agriculture Overlay.

h. Sale of unique agricultural products or merchandise related to the region.

i. Picnic areas.

j. Trails.

k. Other similar uses determined by the Zoning Administrator to be consistent with the purpose and intent of the -UA overlay zone as allowed by Section 24-8 (Rules of Interpretation).

3. Minor Use Permit Required. The following uses are permitted in the -UA overlay zone with the approval of a Minor Use Permit.

a. Small restaurants or cafes (16 seats or less) showcasing locally grown foods.

4. Uses Not Allowed. Medical Offices and Clinics shall not be allowed in the Unique Agriculture Overlay Zone.

D. Development and Operational Standards.

1. Limitation on Processing Activities. Permitted agricultural processing activities are limited to products grown, cultivated, or produced within the -UA overlay zone.

2. Signs. Farm and Farm Trail signs that comply with the standards contained in Table 24-105-3 (Allowed Signs in Agriculture and Natural Resources Zones) shall be permitted in the -UA overlay zone by Administrative Permit.

3. Parking. Minimum on-site parking required for uses with the -UA overlay zone are specified in Section 24-93 (On-Site Parking Requirements). Required parking for uses not listed in Section 24-93 shall be as determined by the Zoning Administrator, consistent with Section 24-8 (Rules of Interpretation).

4. Hours of Operation. Retail sales and similar commercial activities may be conducted only between the hours of 8:00 a.m. and 6:00 p.m. unless otherwise approved as part of a Minor Use Permit.

5. Tour Buses and Vans. Tour buses and vans shall not idle more than ten (10) minutes per hour on-site within the -UA overlay zone, so as to minimize noise and air quality impacts to the area. Buses and tour vans shall be provided with adequate off-street parking and turn-around areas.

(Ord. No. 4062, § 1, 9-10-13)

A. Purpose. The Watershed Protection (-WP) overlay zone is intended to maintain and improve water quality by establishing additional development standards within sensitive watershed areas.

B. Applicability.

1. The -WP overlay zone may be combined with any base zone.

2. Areas subject to the -WP overlay zone include the Firhaven Creek watershed and the Paradise and Magalia Reservoirs watershed, as shown on the Zoning Map.

C. Land Use Regulations. Permitted and conditionally permitted uses in the -WP overlay zone are the same as the base zone, except as specified below.

1. Existing parcel sizes in the Firhaven Creek Watershed shall be maintained. No further division of lots or parcels shall be permitted.

2. Existing zoning shall be maintained within the Magalia Reservoir, Paradise Reservoir, and Firhaven Creek Watersheds. Rezoning to a smaller minimum parcel size is not allowed.

3. Prior to the approval of a rezoning or discretionary permit application, the applicant shall demonstrate to the satisfaction of the review authority that the cumulative effects of additional sewage disposal and surface water runoff resulting from the proposed action will not result in any adverse impacts on the water quality of the watershed.

4. Accessory dwelling units and any new, modified, or expanded sewage disposal systems proposed within the -WP overlay zone shall require an erosion and sediment control plan.

5. Clustered development as allowed by Article III, Division 8 (Clustered Development) shall be prohibited within the -WP overlay zone.

D. Maximum Impervious Surface. For new development within the -WP overlay zone, impervious surfaces shall not exceed fifty (50) percent of the total site area.

E. Vegetative Buffers.

1. Vegetative buffers shall be maintained on all sides of water bodies in the -WP overlay zone as follows:

a. Lakes and reservoirs: Two hundred (200) lineal feet.

b. Perennial and intermittent rivers and streams: One hundred (100) lineal feet.

2. For rivers and streams, minimum buffer distances shall be measured from the annual average stream bank.

3. All structures are prohibited within buffer areas.

4. Grading, excavation, removal of trees, the use of fertilizers and pesticides, sewage disposal, and paving are prohibited within buffer areas.

F. Septic System Regulations. Leach fields, septic tanks, and chemical toilets shall be setback a minimum of fifty (50) feet in addition to the required vegetative buffer under Subsection F.1 above.

G. Erosion Control.

1. All driveways for new home sites shall be surfaced with at least two (2) inches of Class 2 aggregate base, unless required by the county to be developed to a higher standard.

2. Erosion and sediment control plans shall not be required for public utilities, residential additions that are less than twenty-five (25) percent of the size of the original structure, or permitted accessory uses and structures defined under Butte County Code Section 24-156.

3. An erosion and sediment control plan shall be approved by the county prior to issuance of a building permit. The plan shall be developed by a professional civil engineer registered by the State of California or by a Qualified Stormwater Developer who holds the certification required by the CA Water Quality Control Board's Construction General Permit 2009-009-DWQ. The plan shall identify measures to prevent sediment and other pollutant discharges from reaching watershed drainages and streams, and shall address both interim (during construction) and final (post construction) control measures.

4. Soil disturbance shall not be conducted during the rainy season (November 15 through April 1.) The county may require financial security to ensure that control measures are implemented and maintained.

5. All areas where land clearing has been completed between April 1 and November 15 shall be revegetated, hydroseeded, mulch protected, or otherwise stabilized no later than December 1.

6. Site work shall preserve natural topography and vegetation at the site to the greatest possible extent.

H. Timber Harvest. Timber harvesting permitted under a less than three-acre conversion exemption approved by CAL-FIRE shall not be conducted in the -WP overlay during the period from November 15 to April 1.

(Ord. No. 4062, § 1, 9-10-13; Ord. No. 4134, § 1(Att. A), 9-26-17; Ord. No. 4189, § 2, 10-27-20; Ord. No. 4197, § 2, 1-12-21)

A. Purpose. The regulations of this section shall be applied to protect the public safety of persons residing under Military Operations Area (MOA) by requiring that all new development is compatible with military operations within the MOA. The MOA is a three (3) dimensional airspace designated for military training and transport activities that has a defined floor (minimum altitude) and ceiling (maximum altitude). Butte County MOA boundaries and minimum altitudes or floor elevations are depicted in the County's Military Overlay Zone Map.

B. Applicability. The regulations set out in this section shall apply in all areas where a MOA is designated in addition to the regulations specified in this title. If any of the regulations specified in this section differ from any corresponding regulation specified in this title for any base zone, then in such case the provisions of this section shall apply.

C. Land Use Regulations.

1. The MOA is established to regulate new development to ensure that it is compatible with military operations. Within the MOA, all new development that could penetrate the defined floor elevation shall require issuance of an Administrative Permit or Minor Use Permit. If the use is already subject to an Administrative Permit, Minor Use Permit, or Use Permit no additional Administrative Permit or Minor Use Permit is required. No permit shall be approved for any use in any zone which is subject to the MOA Overlay until an investigation is conducted by the Planning Director who shall review the proposed project for hazards to aircraft and military operations including but not limited to:

a. Uses that release into the air any substance such as steam, dust and smoke which would impair pilot visibility;

b. Uses that produce light emissions, glare or distracting lights which could interfere with pilot vision or be mistaken for airfield lighting;

c. Uses that physically obstruct any portion of the MOA due to relative height above ground level.

2. For the purposes of determining whether a project penetrates the defined floor elevation of the MOA, a penetration shall mean physical obstructions from a structure or object, and/or a visual obstruction such as steam, dust, and smoke.

3. For the purposes of calculating height of new proposed structures within the MOA, the height of all structures (including wind turbines) shall mean the distance from ground to the top of the highest point of the structure. For wind turbines this shall mean the highest point of the turbine blade in vertical position.

4. For all proposed Administrative Permit, Minor Use Permit or Use Permit applications within the Military Review Areas that could penetrate the defined floor elevation shown in the County's Military Overlay Zone Map, including but not limited to wind energy system permit applications, notice with the project description including location and height, shall be mailed or delivered to the military expert for the Navy Region Southwest who is responsible for operations in the Military Operations Area upon receipt of the application to the Planning Department for review.

D. Special Provisions. Special provisions for the -MA Overlay district shall be as follows:

1. Within the Military Review Areas depicted in the County's Military Overlay Zone Map, any structure or land use that is determined to physically or visually obstruct any portion of the applicable MOA shall not be permitted, established or otherwise constructed unless an Administrative Permit, Minor Use Permit, or Use Permit is granted subject to a finding that the proposed structure or land use will not impact military operations within the MOA as follows:

2. Proposed structures and uses with impacts contained under the floor elevation of the applicable MOA shall be permitted with the issuance of a Administrative Permit, Minor Use Permit or Use Permit upon a finding that;

a. The proposed structure and use does not penetrate the floor elevation of the MOA;

b. That the project is not detrimental to the function of the MOA and would not pose a health or safety hazard to the public and/or military personnel, and;

c. That the proposed structure and use is consistent with all other applicable provisions of this ordinance.

3. Proposed structures and uses with impacts that penetrate the floor elevation of the applicable MOA as determined by the Planning Director during review of the Administrative Permit may only be permitted with the issuance of a Minor Use Permit or Use Permit as follows:

a. Unless the military expert responsible for operations in the Military Operations Area first provides the Planning Director with written concurrence that the height of the proposed structure or use would be compatible with military operations and mission, and notwithstanding any other provisions in this title, no Minor Use Permit or Use Permit may be issued for any structure that is above the floor elevations shown in the County's Military Overlay Zone Map.

b. In instances where the required written concurrence from the military expert is requested but not received within thirty (30) calendar days, the Minor Use Permit may be considered and approved by the Zoning Administrator.

c. Approval of a Minor Use Permit or Use Permit for structures above the floor elevations shown in the County's Military Overlay Zone Map may be approved by the Board of Supervisors upon a finding that the benefits of the requested obstruction into the Military Operating Area outweigh the potential impacts on military flight operations.

d. That the proposed structure and use is consistent with all other applicable provisions of this ordinance.

4. Where a finding is made during the Minor Use Permit or Use Permit review that the proposed structure and use penetrates the MOA floor elevation such that military operations within the MOA are impacted, and that the project is detrimental to the function of the MOA and would pose a health or safety hazard to the public and/or military personnel, the Minor Use Permit or Use Permit shall be denied.

(Ord. No. 4062, § 1, 9-10-13)

A. Purpose. The Urban Flood Protection Overlay Zone (-FP), as shown on the Zoning Map, is intended to ensure improved protections and limit damage from flooding within the County and ensure that the County provides an Urban Level of Flood Protection in accordance with State law.

B. Applicability. The -FP overlay zone may be combined with any base zone and any other overlay zones. Areas subject to the -FP overlay zone include all known urbanized and urbanizing land located within the two hundred-year floodplains in the County, as shown on the Zoning Maps and based on the DWR two hundred-year flood mapping with inundation of greater than three (3) feet (as demonstrated by the proposed development applicant using DWR mapping data provided by the County if available, or other adequate studies if not available). In the event of a conflict between the provisions of the base zone and the provisions of the -FP overlay zone, the stricter provisions shall prevail.

C. Land Use Regulations. Permitted and conditionally permitted uses and land use regulations applicable in the -FP overlay zone are the same as those applicable within the base zone, except as specified below.

1. New uses that involve erecting, altering, moving, or enlarging any structure are prohibited unless findings detailed in Sections 26-22 and 26-24 of the Building Code have been made.

2. New health-care facilities and government facilities (as defined below) are prohibited in the -FP overlay zone. The floodplain administrator may approve exceptions if it can be determined that the operations of the proposed facility would be substantially compromised at an alternative location outside the -FP overlay zone. The following use types (as indicated in the Zoning Ordinance Use Tables) are subject to this provision:

a. Emergency shelters.

b. Medical offices and clinics.

c. Hospitals.

d. Government offices.

e. Public safety facilities.

(Ord. No. 4120, § 3, 10-25-16)