Chapter 12.04 — GENERAL SETBACK LINE

Prior history: Butte County Code Sections 10-3 through 10-11 and Town Ordinances 16, 75, 178, 216 and 239.

A general setback line is adopted within the town as specifically provided in this chapter. This chapter is part of the precise plan for streets and highways under the master plan of the town; and is also adopted as a town wide zoning regulation pursuant to the provisions of Article 1, Chapter 4, Title 7 of the Government Code of the state.

(Ord. 313, § 1(part), 1998)

The purpose of this chapter is to provide for and ensure the preservation and orderly development and expansion of an adequate highway transportation system within the town, and to protect and conserve the public interest, presently and for the future, in streets, highways and roads within the town by having adequate alignment, dimensions and vision clearance and by preventing the encroachment of private improvements, the existence of which would render unnecessarily difficult, impracticable and uneconomical the maintenance and expansion of an adequate highway system. It is found and declared that the establishment of a general setback line is necessary to the carrying out of the general purposes set forth in this section, and to the protection and preservation of the public interest and safety.

(Ord. 313, § 1(part), 1998)

The objective of this chapter is to establish a general, minimum setback zone within the town. Nothing contained in this chapter shall be construed as permitting a front-yard depth or general setback of a lesser distance than may be provided by any valid contract, deed restriction, covenant, subdivision restriction or district ordinance in force as of the effective date of the ordinance codified in this chapter or thereafter adopted.

(Ord. 313, § 1(part), 1998)

This chapter shall apply to any street, highway or road within the town which is dedicated and accepted to public use after the effective date of the ordinance codified in this chapter, effective as of the date of acceptance of the same for public use by duly constituted authority; provided, that any building, structure, well, excavation or subsurface structure within the setback zone of any such street, highway or road which is lawfully in existence at the time of acceptance of the same for public use, shall be deemed to be a legal nonconforming use and shall not be subject to the provisions of Section 12.04.060.

(Ord. 313, § 1(part), 1998)

A.

A general setback line is established along each side of every street, highway and road which is dedicated to the public use and is within the town. Such general setback line shall be and is located parallel to and on both sides of the established centerline of each such street, highway and road; and the space between the setback lines on either side of each such street, highway and road shall constitute the general setback zone.

B.

Except for properties in the town established "CB", "CF", and "CS" zoning districts located within the town adopted "Downtown Revitalization Master Plan Area", the general setback line shall be and is located parallel to and distant fifty feet from both sides of the established centerline of each such road, and the space between the setback lines on either side of each such road shall constitute the setback zone along and adjacent to the same, which shall be one hundred feet in width.

C.

For properties in the town established "CB", "CF", and "CS" zoning districts located within the town adopted "Downtown Revitalization Master Plan Area", the general setback line shall be and is located parallel to and distant forty feet from both sides of the established centerline of each such road, and the space between the setback lines on either side of each such road shall constitute the setback zone along and adjacent to the same, which shall be eighty feet in width.

(Ord. 313, § 1(part), 1998; Ord. 383, §§ 1, 2, 2002)

It is unlawful to install, erect, display or place within any general setback zone, any building or structure including but not limited to derricks, windmills, silos, advertising structures, signs, barns, houses, outbuildings and platforms; or to dig, excavate or install within any general setback zone any well or other excavation whether for water or for oil or other hydrocarbon products or for any other purpose; or install subsurface structures of any kind; save and except as provided via provisions of Sections 12.04.070 and

(Ord. 313, § 1(part), 1998: Ord. 382, § 3, 2002)

Section 12.04.060 shall not apply to mail boxes and newspaper receptacles, flush-mounted signs, portable signs, refuse containers, trees, agricultural crops or public utility installations, structures and projections specifically enumerated within Section 17.06.600 of this Code, nor to subsurface utility service lines or leaching and drainage fields of private septic systems approved by the town. Section 12.04.060 shall not apply to fences constructed to a maximum height of forty-eight inches providing that such fence is approved for traffic safety by the town engineer; and provided further, that open-wire fences (including chain link, open wire mesh and wrought iron fences) may exceed forty-eight inches in height. All or any portion of any brick, concrete, wooden or masonry fence placed in the general setback zone prescribed by this chapter shall be removed, relocated or modified at the owner's expense within ninety days of notification by mail by the town engineer that such removal is necessary to maintain adequate traffic safety. Any such required removal, relocation or modification shall be promptly accomplished without loss or cost

to the town. This provision shall not apply to open-wire mesh fences (including chain-link fences) placed around recycling processing facilities. Section 12.04.060 shall not apply to the establishment of bus stop structures that are not obscuring to site-distance provided that such structure is approved for traffic safety by the town engineer. (Ord. 313, § 1(part), 1998; Ord. 337, § 1, 2000)

Except as provided for in Chapter 17.37 of this code, all privately owned (nonutility-owned) light poles and all privately owned signs placed within a general setback zone must first secure issuance of an administrative permit approved or conditionally approved by the planning director based upon input concerning traffic safety received from the town engineer. The planning director may approve, conditionally approve or deny the administrative permit application based on findings of fact adopted by the planning director. No such light pole or sign shall be placed in any public right-of-way or private access easement. (Ord. 313, § 1(part), 1998; Ord. 337, § 2, 2000)

Upon failure of an owner to remove, relocate or modify any use as provided in Sections 12.04.070 or

remove, relocate or modify the use and the owner shall promptly reimburse the town for all costs and loss thereby incurred. (Ord. 313, § 1(part), 1998)