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Butte County Unincorporated
City Zoning Code

Division 14

Land Use Compatibility Standards

24-140 - Purpose.

This article establishes performance standards to minimize various negative impacts resulting from land uses and development within Butte County. The intent of these standards is to:

A.

Promote compatibility among various land uses;

B.

Protect and enhance the rural character of Butte County;

C.

Protect the general health, safety, or welfare of the community; and

D.

Control noise, dust, odor, smoke, vibration, danger to life and property, or similar causes likely to create a public nuisance.

(Ord. No. 4062, § 1, 9-10-13)

24-141 - Applicability.

A.

The standards in this article shall apply to all new and existing land uses in unincorporated Butte County.

B.

The standards in this article are the required minimum and shall not be construed as preventing the County from requiring more restrictive standards as deemed necessary.

(Ord. No. 4062, § 1, 9-10-13)

24-142 - Compliance procedures.

A.

The Zoning Administrator may require pertinent information demonstrating that the proposed land use complies or will comply with all applicable performance standards. This information may consist of a report prepared by a qualified technical consultant.

B.

When technical information is required, accurate and representative measurements shall be made according to accepted engineering or scientific practice. All measurements shall be made at the exterior property lines.

(Ord. No. 4062, § 1, 9-10-13)

24-143 - Air quality.

All uses shall comply with applicable local, State, and federal laws and regulations regarding contaminants and pollutants. This requirement includes, but is not limited to, emissions of suspended particles, carbon monoxide, hydrocarbons, odors, toxic or obnoxious gases and fumes.

(Ord. No. 4062, § 1, 9-10-13)

24-144 - Electromagnetic interference.

Devices which generate electromagnetic interference shall not cause interference with any activity carried on beyond the boundary line of the property upon which the device is located. Public utilities shall comply with all applicable State and federal regulations.

(Ord. No. 4062, § 1, 9-10-13)

24-145 - Erosion control.

The following erosion control standards shall apply to all development projects in all urban zones:

A.

The smallest area practical of land shall be exposed at any one (1) time during development;

B.

When land is exposed during development, the exposure shall be kept to the shortest practical period of time;

C.

Natural features such as trees, groves, natural terrain, waterways, and other similar resources shall be preserved where feasible;

D.

Temporary vegetation or mulching shall be used to protect critical areas exposed during development;

E.

The permanent final vegetation and structures shall be installed as soon as practical in the development;

F.

Wherever feasible the development shall be fitted to the topography and soils to create the least erosion potential;

G.

Provisions shall be made to effectively accommodate the increased runoff caused by changed soil and surface conditions during and after development as specified in Chapter 50, Stormwater Management and Discharge Control; and

H.

Sediment basins (debris basins, desalting basins, or silt traps) shall be installed and maintained to remove sediment from runoff waters from land undergoing development where needed.

(Ord. No. 4062, § 1, 9-10-13)

24-146 - Fire and explosion hazards.

All uses involving the use or storage of combustible, explosive, caustic, or otherwise hazardous materials shall comply with all applicable local, State, and federal safety standards and shall be provided with adequate safety devices against the hazard of fire and explosion, and adequate fire-fighting and fire suppression equipment in accordance with the requirements of the Fire Marshal.

(Ord. No. 4062, § 1, 9-10-13)

24-147 - Heat.

No use shall generate heat so that increased ambient air temperature or radiant heat is measurable at any exterior lot line.

(Ord. No. 4062, § 1, 9-10-13)

24-148 - Light and glare.

Outdoor lighting in residential zones shall comply with the requirements of Article III, Division 4 (Outdoor Lighting).

(Ord. No. 4062, § 1, 9-10-13)

24-149 - Radioactivity.

No radiation of any kind shall be emitted in quantities which is dangerous to humans.

(Ord. No. 4062, § 1, 9-10-13)

24-150 - Vibrations.

No use shall generate ground vibration which is perceptible without instruments beyond the property line. Ground vibration caused by motor vehicles, aircraft, temporary construction work or agricultural equipment are exempt from these standards.

A.

"Exceptions. Upon written application from the owner or operator of an industrial or commercial vibration source, the review authority, as part of a permit approval, may conditionally authorize exceptions to this section, based upon analysis supported by the Development Services Department, in the following situations:

1.

Infrequent vibration.

2.

If, after applying best available control technology, a use existing prior to the effective date of the Zoning Ordinance is unable to conform to the standards established by this section"

(Ord. No. 4062, § 1, 9-10-13)

24-151 - Outdoor storage in residential zones.

A.

Relationship to Primary Use. Within residential zones, the outdoor storage of equipment, materials, and other similar items typical of residential occupancy shall be permitted as an incidental use of property in conjunction with a permitted primary use.

B.

Screening from View. Outdoor storage areas shall be entirely enclosed and screened from view from public right-of-ways or adjacent residential properties by building walls, decorative screen walls, fences, and/or landscaping six (6) feet in height.

C.

Maximum Height. Items stored outside shall be stacked no more than six (6) feet in height.

(Ord. No. 4062, § 1, 9-10-13)

24-152 - Liquid, solid, and hazardous wastes.

A.

All uses are prohibited from discharging liquid, solid, toxic, or hazardous wastes onto or into the ground and into streams, lakes, or rivers. Discharge into a public or private waste disposal system in compliance with applicable local, State, and federal laws and regulations is permitted.

B.

Wastes detrimental to a public sewer system or a sewage treatment plant shall not be discharged to a public sewer system unless they have been pretreated to the degree required by the authority having jurisdiction over the sewerage system.

C.

The handling and storage of hazardous materials, the discharge of hazardous materials into the air and water, and the disposal of hazardous waste in connection with all uses shall be in conformance with all applicable local, State, and federal regulations.

D.

All burning of waste materials accessory to any use shall comply with the Butte County Air Quality Management District rules and regulations.

E.

The disposal or dumping of solid wastes accessory to any use, including, but not limited to, slag, paper and fiber wastes or other industrial wastes, shall be in compliance with applicable local, State, and federal laws and regulations.

(Ord. No. 4062, § 1, 9-10-13)

24-153 - Noise.

A.

Standards. Noise shall be regulated pursuant to Chapter 41A, Noise Control.

(Ord. No. 4062, § 1, 9-10-13)

24-154 - Enforcement.

The County may modify a condition or revoke the permit for or abate any use that violates the standards contained within this article in a manner consistent with Chapter 41 (Code Enforcement Policies and Procedures), Chapter 32A (Property Maintenance and Abatement of Nuisances) and all other applicable sections of the Butte County Code.

(Ord. No. 4062, § 1, 9-10-13)