This article establishes development and operating standards for specific land uses to minimize negative impacts on neighboring properties, implement State and federal law, and ensure the orderly development of a diversity of land uses within the county.

(Ord. No. 4062, § 1, 9-10-13)

A.

General Requirements.

1.

Relationship to Primary Use.

a.

An accessory use or structure is permitted only when it is subordinate and incidental to the primary structure or zone to which it is related.

b.

An accessory use or structure shall not alter the character of the site from that created by the primary use, structure, or zone.

c.

An accessory use or structure shall be permitted only when it is compatible with the structures or uses permitted in the zone in which it is located.

2.

Permitted Accessory Uses and Structures. Table 24-156-1 (Permitted Accessory Uses and Structures) identifies permitted accessory uses in Rural, Urban, Commercial, Industrial, and Special Purpose zones.

3.

Location. An accessory use or structure shall be located only on the same parcel as the primary structure or zone to which it is related, except as otherwise noted in this chapter.

4.

Permits. Accessory structures are subject to a ministerial building permit process; no discretionary permit is required.

5.

Establishment.

a.

Accessory to Single-Family Home. Uses or structures that are accessory to a single-family home shall only be established or constructed on a parcel developed with a single-family home. Accessory uses and structures may be established or constructed concurrently with the development of a single-family home (refer to Table 24-156-1, Permitted Accessory Uses and Structures).

b.

Accessory to Zone. Uses or structures that are accessory to a zone's allowed uses shall not be established or constructed until said uses are established (refer to Table 24-156-1, Permitted Accessory Uses and Structures).

6.

Attached Structures. Accessory structures attached to a primary structure shall be considered a part of the primary structure and shall comply with all standards and regulations applicable to the primary structure.

B.

Uses Accessory to a Single-Family Home or Multiple-Family Dwelling. Activities typically associated with residential uses are permitted on all parcels occupied by a single-family home or multiple-family dwelling. Examples of such residential accessory uses include keeping of domestic pets, composting bins, private parking, gardens, planter boxes, vegetation management, irrigation, landscaping, and other similar activities.

C.

Structures Accessory to a Single-Family Home in Urban Zones. The following standards apply to structures accessory to a single-family home in urban zones. Examples of such residential accessory structures include a pool, pool house, spa, dressing room, domestic pet shelter, game room, garages, sunroom, tennis courts, gazebo, playground equipment, hobby room, trash enclosure, workshop, shed, storage building, barn (on parcels one (1) acre or larger), greenhouse, well house, and other similar structures.

1.

Size. Accessory structures shall not exceed a cumulative total of twenty-five (25) percent of parcel size per parcel, unless otherwise specified in this section.

2.

Height. The height of an accessory structure shall not exceed twenty-five (25) feet.

3.

Setbacks.

a.

The required setback from the front, side, and street side property line shall be the same as the primary structure.

b.

The required setback from the rear property line for accessory structures greater than fifteen (15) feet in height shall be the same as the primary structure. For structures fifteen (15) feet or less in height, the required setback from the rear property line shall be five (5) feet.

c.

There shall be no required setbacks from property lines for trash enclosures, planter boxes with a maximum height of forty-two (42) inches, domestic pet shelters, playground equipment, small sheds, well houses, composting bins, rain water cisterns, and other similar objects not attached to a permanent foundation. Such structures shall not require a building permit.

D.

Structures Accessory to a Residence in Rural Zones. Structures accessory to a residence in rural zones are subject to the same size, height, and setback standards as required for primary structures. Examples of such residential accessory structures include a pool, pool house, spa, dressing room, domestic pet shelter, game room, garages, sunroom, tennis courts, gazebo, playground equipment, hobby room, trash enclosure, workshop, shed, storage building, barn, greenhouse, well house, and other similar structures.

E.

Structures Accessory to Zones in Rural Zones. Structures accessory to a zone in rural zones are subject to the same size, height, and setback standards as required for primary structures. Examples of structures accessory to a zone in rural zones include a workshop, shed, storage building, barn, greenhouse, well house, garage, gazebo, heavy equipment storage, (except in the RCR and FCR zones) and similar structures. In addition the following standards apply (except in the AG, TM, and TPZ zones, where these standards do not apply):

1.

The parcel where the structure is to be located must be one (1) acre or more in size. Two (2) or more adjacent parcels that are less than one (1) acre in size but collectively exceed one (1) acre in size, managed as a single use, may be developed with accessory structures.

F.

Structures Accessory to Development and Accessory to Zones in Commercial, Industrial, and Special Purpose Zones. Structures accessory to development and accessory to a zone in Commercial, Industrial, and Special Purpose zones are subject to the same size, height, and setback standards as required for primary structures.

G.

Guest Houses. Guest houses that comply with the following standards are permitted in all residential zones.

1.

The floor area of a guest house shall not exceed five hundred (500) square feet.

2.

Guest houses may include a small wet bar with a counter surface area less than ten (10) square feet (including sink), small sink (not to exceed fifteen (15) inches by fifteen (15) inches), and refrigerator with a volume of less than five (5) cubic feet.

H.

Accessory Kitchen. An accessory kitchen, no larger in size than twenty-five (25) percent of the primary dwelling, is permitted in all zones allowing residences, with the approval of a Minor Use Permit. If an accessory kitchen is used for commercial purposes it must be permitted as a home occupation and be developed to commercial standards.

I.

Heavy Equipment Storage. Heavy equipment storage pertains to the storage of heavy equipment (with a manufacturer's gross weight of ten thousand (10,000) pounds or more) used by individual contractors/drivers for off-site commercial jobs.

(Ord. No. 4062, § 1, 9-10-13; Ord. No. 4237, § 5, 1-23-24)

A.

Location and Permit Process, Solar and Wind Energy Systems. Solar and Wind Energy Systems are permitted in accordance with Article II (Zoning Districts, Land Uses, and Development Standards) under four (4) different Utility land use types depending on their size and application: Utility, Minor; Utility, Accessory; Utility, Intermediate; and Utility, Major. Table 24-157-1 provides a summary of Solar Energy and Wind Energy Systems.

[1]

Grazing Land or "Other Land" as defined under the latest mapping under the California Department of Conservation Division of Land Resource Protection Farmland Mapping and Monitoring Program, and as shown under General Plan Agriculture Element, Figure AG-1.

[2]

Only allowed on parcels not subject to a Williamson Act Contract, or if the landowner has rescinded the Williamson Act Contract and entered into a solar-use easement pursuant to State law for marginally productive or physically impaired farmland.

B.

Definitions, Solar Energy Systems.

1.

Tier 1. A roof-mounted Solar Electric System used to power on-site primary or accessory uses located on structures or placed over parking lots or a ground mounted Solar Electric System up to one-half (½) acre in size. Tier 1 includes building-integrated photovoltaic systems where the Solar Electric System is part of the building materials used in the construction of on-site primary or accessory structures.

2.

Tier 2. A ground-mounted Solar Electric System used to power on-site primary or accessory uses, limited to less than fifteen (15) percent of the parcel's size up to five (5) acres, whichever is less, with less than fifty (50) percent of the power generated being used off-site.

3.

Tier 3. A ground-mounted Solar Energy System, limited in Agriculture zones to "Grazing Land" and "Other Land" as defined under the latest mapping under the California Department of Conservation Division of Land Resource Protection Farmland Mapping and Monitoring Program, not subject to a Williamson Act Contract, and limited to less than thirty (30) percent of a parcel's size up to twenty (20) acres maximum with fifty (50) percent or more of the power generated for on-site primary and accessory uses, with the remainder of the power delivered off-site.

4.

Tier 4. A ground-mounted Solar Energy System limited in Agriculture zones to "Grazing Land" and "Other Land" as defined under the latest mapping under the California Department of Conservation Division of Land Resource Protection Farmland Mapping and Monitoring Program, and not subject to a Williamson Act Contract, where most or all power generated is delivered off-site with little or no on-site use.

C.

Standards, Solar Energy Systems. Solar Energy Systems are subject to the following additional standards:

1.

Photovoltaic panel systems shall meet all applicable performance standards established by the National Electrical Code, the Institute of Electrical and Electronics Engineers, and the Public Utilities Commission regarding safety and reliability.

2.

Ground-mounted photovoltaic panel systems shall be required to meet all setback areas of the applicable zone.

3.

Height, Parcel Size and Setback for ground-mounted photovoltaic panel systems shall be in accordance with Table 24-157-2, except where a minor use permit has been approved allowing different standards.

Notes:

[1]

These standards do not apply to solar canopies as defined under Section 24-157 C.8.

4.

Photovoltaic panel systems attached to the roof of a structure shall not project more than six (6) feet above the maximum elevation of the roof. Projections greater than six (6) feet but no more than twelve (12) feet above the maximum elevation of the roof may be permitted with the approval of a minor use permit.

5.

If the Solar Energy Facility is located on or adjacent to an agricultural zone, the applicant must acknowledge the County's Right to Farm Ordinance and shall be required to record a Right to Farm Notice on their parcel prior to issuance of any Building Permits. This shall be included as a recommended condition of approval of the land use entitlement.

6.

For Solar Energy Facilities in Scenic areas, as designated in the General Plan (Figures COS-7, and COS-9, Conservation and Open Space Element), efforts shall be made by the owner/installer of the Solar Energy Facility, to the maximum extent practicable, to shield the Solar Energy Facility from public view. On-site transmission and power lines shall, to the maximum extent practicable, be placed out of sight or underground.

7.

A Solar Energy Facility, other than a minor utility system, that ceases to produce electricity on a continuous basis for twenty-four (24) months shall be considered abandoned unless the property owner/developer demonstrates by substantial evidence satisfactory to the Development Services Department that there is no intent to abandon the facility. Parcel owners are required to remove all equipment and facilities and restore the site to original condition.

8.

Solar Canopies. A solar canopy is used to provide a structure that supports photovoltaic panels, and as a means to provide shade, cover, and storage for another use, (e.g.. in a Residential zone a solar canopy may be used as a carport, in a Commercial. Industrial, or Special Purpose zone a solar canopy may be used over a parking lot, and in an Agriculture or Natural Resource zone a solar canopy may be used in place of a pole barn, or other covering).

a.

Solar Canopy. Height, Setback, and Development Standards. Solar canopies shall be subject to the same height, setback, and development standards as provided for under Section 24-156 -Accessory Uses and Structures, with the following exceptions:

1.

Setback standards for solar canopies that arc located over parking lots in a Commercial. Industrial, or a Special Purpose Zone that are adjacent to a Residential Zone, shall maintain a 20 ft. setback from the property line adjacent to the residential zone.

2.

Height standards for solar canopies shall be as follows:

i.

Agriculture. Natural Resource, and Industrial zones: 50 ft.

ii.

Commercial and Special Purpose zones: 25 ft.

iii.

Residential zones: 15 ft.

b.

The use of the Solar Canopy shall be identified on the Building Permit Application. Application of building codes and structural requirements will vary depending upon the use of the solar canopy as a carport, parking lot canopy, pole barn, or other specified use.

D.

Definitions, Wind Energy Systems.

1.

Wind Energy System, Auxiliary Rooftop Structure. A roof-mounted wind energy conversion structure that is:

a.

Seven (7) feet or less in diameter,

b.

Projects less than ten (10) feet above the highest point of the roofline on which it is installed,

c.

Produces energy which is used primarily on the parcel on which it is located, or on adjacent parcels in common ownership with the subject parcel, and

d.

Produces less than six (6) decibels of noise above ambient levels, as demonstrated by product specifications to the satisfaction of the Director of Development Services.

2.

Wind Energy System, Micro. A micro wind system is a very small wind system producing less than one (1) kW that is:

a.

Ten (10) feet or less in diameter;

b.

May be installed on a pole, ten (10) feet or more above the highest point on the roof, or other structural supports as allowed by applicable building codes;

c.

Produces energy which is used primarily on the parcel on which it is located, or on adjacent parcels in common ownership with the subject parcel; and

d.

Produces less than six (6) decibels of noise above ambient levels, as demonstrated by product specifications to the satisfaction of the Director of Development Services.

3.

Wind Energy System, Agricultural. Any wind energy conversion system rated fifty (50) kW or less and located in an Agricultural, Rural Residential, Foothill Residential, or Timber Mountain zone, excluding Auxiliary Rooftop Structures.

4.

Wind Energy System, Small. Any wind energy conversion system that is rated thirty (30) kW or less that will be used primarily to reduce on-site consumption of utility power, excluding Auxiliary Rooftop Structures and Micro Wind Energy Systems.

5.

Wind Energy System, Large. Any wind energy conversion system that is larger than fifty (50) kW in an Agricultural, Rural Residential, Foothill Residential, or Timber Mountain zone or larger than thirty (30) kW in other zones.

E.

Standards, Wind Energy Systems. Wind Energy Systems are subject to the following additional standards:

1.

Small, large, and agricultural wind energy systems shall not be permitted on land within the following locations:

a.

City Spheres of Influence, unless permitted by the City.

b.

Airport Land Use Compatibility Zones.

c.

Conservation, open space easements, or agriculture easements which do not allow wind energy systems.

d.

Alquist-Priolo Earthquake Fault Zones.

2.

Wind energy systems shall not be permitted within one thousand (1,000) feet of the following:

a.

A residence, excepting residences on the same parcel and residences owned by the applicant.

b.

The VLDR, VLDCR, LDR, MDR, MHDR, HDR zones.

c.

A property listed on the National Register of Historic Places or the California Register of Historical Resources.

d.

Designated scenic resources.

3.

The following requirements shall apply to Large and Small Wind Energy Systems not located within the Agricultural zone:

a.

Wind energy systems shall be painted a neutral, non-reflective color, except when obstruction marking is required for aviation purposes.

b.

Power lines shall be placed underground when feasible.

c.

Setbacks for all new facilities shall be located so that the distance from the base of the facility to the parcel boundary is equal to or greater than the height of the facility

d.

Appropriate warning signs, no larger than four (4) square feet, shall be placed on or near wind energy systems. Wind energy systems and related equipment will not be used to advertise or promote any product or service other than the manufacturer's identification up to a size not to exceed thirty-two (32) square feet.

e.

Noise levels resulting from normal operation of wind energy systems shall comply with Section 41A, Noise Control. Applications for wind energy systems shall submit noise specifications and/or noise studies demonstrating consistency with Section 41A. Noise Control.

f.

Wind energy systems shall be placed and oriented to avoid casting a shadow or causing 'flicker' on any off-site structure.

g.

Wind energy systems shall be removed if they remain inoperable for twenty-four (24) consecutive months. After twenty-four (24) months of nonuse, wind energy systems are subject to code enforcement actions.

h.

Wind energy systems shall not be placed on parcels less than one (1) acre in size.

4.

Agricultural wind energy systems and large wind energy systems located within the agricultural zone shall meet the following minimum setbacks and requirements:

a.

Where facilities are located in the Agricultural, Foothill Residential, Rural Residential and Timber Mountain zones and one (1) of the following circumstances apply, the facility shall demonstrate the minimum setback distance required by the zone:

1.

The wind system is adjacent to an existing structure such as a barn, rice dryer, or other facility such that the facility will blend with the surrounding area; or

2.

The adjacent property owner(s) consent in writing to a lesser distance.

b.

Towers shall be obstruction marked and lighted in accordance with recommendations of the U.S. Department of Transportation Federal Aviation Administration's Advisory Circular AC 70/7460-1K. Where feasible, steady burn lighting shall be used in place of flashing or strobe lighting.

5.

Small wind energy systems shall comply with Wind Energy systems-General Requirements as set forth under this chapter, as well as the following:

a.

Small wind energy systems shall be designed and appropriately sized to serve the needs of the use on the site.

b.

The maximum height of any small wind energy system tower shall be:

1.

Sixty (60) feet on parcels less than five (5) acres in size.

2.

Eighty (80) feet on parcels five (5) acres or greater.

3.

"Tower height" means the height above grade of the fixed portion of the tower, excluding the wind turbine/blade.

(Ord. No. 4062, § 1, 9-10-13; Ord. No. 4132, § 1(Att. A), 9-12-17)

A.

Purpose. It is the intent of the following regulations to allow persons to keep and maintain livestock on their private property in a manner that will protect the health, safety, and welfare of nearby residents, and to protect the health, safety, and welfare of animals.

B.

Applicability.

1.

The standards in this section apply to the Foothill Residential (FR), Foothill Country Residential (FCR), Rural Residential (RR), Rural Country Residential (RCR), Very Low Density Residential (VLDR), Very Low Density Country Residential (VLDCR), Low Density Residential (LDR), Medium Density Residential (MDR), Medium High Density Residential (MHDR), High Density Residential (HDR), Very High Density Residential (VHDR), General Commercial (GC), Neighborhood Commercial (NC), Community Commercial (CC), Recreation Commercial (REC), Sports and Entertainment (SE) Mixed Use (MU), Light Industrial (LI), General Industrial (GI) and Heavy Industrial (HI) zones. These standards do not apply to the keeping of animals in the Agriculture (AG), Timber Mountain (TM), or Timber Production (TPZ) zones.

2.

The standards in this section do not apply to the keeping of household pets. Refer to Butte County Code Section 24-165 (Kennels) for personal and commercial kennels and Butte County Code Chapter 4 (Animals) for the keeping of cats and dogs.

C.

Animal Density.

1.

For parcels located within the Rural Residential (RR), Rural Country Residential (RCR),Foothill Residential (FR) Foothill Country Residential (FCR), Very Low Density Residential (VLDR), Very Low Density Country Residential (VLDCR) Low Density Residential (LDR), Medium Density Residential (MDR), Medium High Density Residential (MHDR), High Density Residential (HDR), Very High Density (VHDR), General Commercial (GC), Neighborhood Commercial (NC), Community Commercial (CC), Recreation Commercial (REC), Sports and Entertainment (SE) Mixed Use (MU) ), Light Industrial (LI), General Industrial (GI) and Heavy Industrial (HI) zones, the following area requirements shall be allotted to each animal unit, and shall be required for each animal unit kept on the premises:

a.

Animal Unit Defined.

1.

An animal unit (AU) is equal to one (1) mature horse, or one (1) mature cow, or three (3) mature swine (lactating), or five (5) mature sheep, or five (5) mature goats, or five (5) mature alpacas. Exotic animals, including, but not limited to, llamas and camels, shall be equal to one (1) animal unit.

2.

Immature animals are not subject to the animal density requirements under this section.

b.

Mature Animal Defined. Table 24-158-1 (Mature Animals by Weight) provides a guide for defining a mature animal by weight.

Source: National Research Council.

a.

[c.]

Companion Animal Allowance. If the parcel size permits only one (1) animal, an additional one (1) animal shall be allowed.

b.

[d.]

Animal Units Allowed by Parcel Size.

1.

No animal keeping shall be allowed on parcels less than one (1) acre in size.

2.

Parcels one (1) to Less than twenty (20) Acres in Size. Density shall be no more than one (1) animal unit/acre. Supplemental feed will be required during specific times of the year to maintain the normal health and Body Condition Score (BCS) that does not violate any section of the State of California Penal Code or Chapter 4 of the Butte County Code. The total acreage of two (2) or more adjacent parcels managed as a single agricultural operation shall be used to calculate the number of permitted animal units.

3.

Parcels twenty (20) Acres or More in Size. An animal unit/acre density measurement is not imposed. Supplemental feed may be required during specific times of the year to maintain the normal health and BCS that does not violate any section of the State of California Penal Code or Chapter 4 of the Butte County Code. Two (2) or more adjacent parcels that are less than 20 acres in size but collectively exceed twenty (20) acres or more in size, managed as a single agricultural operation shall be subject to the twenty (20)s acres or more standard set forth under this table.

D.

Exceptions.

1.

Educational Project Exemption.

a.

Temporary education projects, including, but not limited to FFA, 4-H, and school projects, conducted by students through the twelfth grade and under the direct supervision of a qualified, responsible adult advisor or instructor, shall be exempt from the requirements of subsection (C) above. The current animal husbandry standards for keeping animals must be followed.

b.

The animal units shall be maintained in a healthy and sanitary manner that does not violate any section of the State of California Penal Code or Chapter 4 of the Butte County Code.

2.

Rotational Grazing.

a.

Area requirements do not apply to rotationally-grazed parcels of twenty (20) acres or more in size so long as the animal units are maintained in a healthy and sanitary manner that does not violate any section of the State of California Penal Code or Chapter 4 of the Butte County Code.

E.

Minor Use Permits Required. On all parcels of property less than 20 acres in size, a Minor Use Permit shall be required for:

1.

The keeping of such animals (horses, cattle, swine, sheep, goats, and alpacas) at greater densities than allowed pursuant to subsection (C) above.

2.

The keeping of poultry and rabbits for the purpose of sale of said animals or their products on a continuing basis.

Minor Use Permits approved pursuant to this section shall specify that animals are maintained in a healthy and sanitary manner that does not violate any section of the State of California Penal Code or Chapter 4 of the Butte County Code.

F.

Penalties. Violations of this section may be charged as either an infraction or misdemeanor.

G.

Setbacks. The following setbacks are established for corrals and other animal containment structures:

1.

In the Foothill Residential (FR), Foothill Country Residential (FCR), Rural Residential (RR), Rural Country Residential (RCR), Very Low Density Residential (VLDR), and Very Low Density Country Residential (VLDCR) zones the minimum setback shall be twenty-five (25) feet from any dwelling either on- or off-site.

2.

In the Low Density Residential (LDR), Medium Density Residential (MDR), Medium High Density Residential (MHDR) High Density Residential (HDR) General Commercial (GC), Neighborhood Commercial (NC), Community Commercial (CC), Recreation Commercial (REC), Sports and Entertainment (SE), Mixed Use (MU), Light Industrial (LI), General Industrial (GI) and Heavy Industrial (HI) zones the minimum setback shall be fifty (50) feet from any dwelling either on- or off-site.

H.

Keeping of Hens and Roosters. This section only applies to the Very Low Density Residential (VLDR), Very Low Density Country Residential (VLDCR), Low Density Residential (LDR), Medium Density Residential (MDR), Medium High Density Residential (MHDR) High Density Residential (HDR), and Mixed Use (MU) zones notwithstanding Section 24-158.B (Applicability). These standards do not apply to the keeping of animals in the Agriculture (AG), Timber Mountain (TM), Timber Production (TPZ), Foothill Residential (FR), Foothill Country Residential (FCR) or Rural Residential (RR) Rural Country Residential (RCR) zones. The following standards are applicable to the keeping of hens and roosters:

1.

Roosters shall not be permitted on any parcel less than five (5) acres in size.

2.

Hens are limited to fifteen (15) maximum per five thousand (5,000) square feet of fenced yard area or pen not covered by buildings. This limit may be calculated on a pro rata basis.

3.

Setbacks for structures related to the keeping of hens and roosters shall be pursuant to Section 24-156, Accessory Uses and Structures.

(Ord. No. 4062, § 1, 9-10-13; Ord. No. 4091, § 1, 1-27-15; Ord. No. 4105, § 1, 1-12-16)

A.

Applicability. The standards in this section apply to Family Daycare Home; Small; Family Daycare Home, Large; and Child Care Centers as defined in Article 42 (Glossary). A Family Daycare Home, Small or Family Daycare Home, Large is where the daycare provider resides, and includes a dwelling or dwelling unit that is rented, leased, or owned.

B.

Location. Family Daycare Home, Small and Family Daycare Home, Large shall be permitted in any zone with a permitted residential use. Child Care Centers shall be permitted in zones as provided in Part 2 (Zoning Districts, Land Uses, and Development Standards).

C.

General Standards. The following standards apply to all types of family daycare homes and child care facilities.

1.

Family Daycare Home, Small and Family Daycare Home, Large are permitted by right in any zone which permits a residential use provided in Part 2 (Zoning Districts, Land Uses, and Development Standards).

2.

All required State licenses and permits shall be obtained or applied for prior to applying for a permit to operate a child care facility. No County permit shall be effective until satisfactory evidence has been provided to the County demonstrating that all necessary State licenses and permits have been obtained.

D.

Family Daycare Homes. The following standard apply to small and large family daycare homes.

1.

The facility shall be located in a dwelling unit that is the principal residence of the provider and the use shall be considered identical to a residential use of the property.

E.

Child Care Centers. The following standards apply only to child care centers.

1.

If the child care center cares for fifteen (15) or more children in the facility at one (1) time, the operator shall notify the parents of all children.

2.

The operator shall obtain the written consent of the property owner where the child care center is located.

3.

Outside play areas shall be a minimum of seventy-five (75) square feet per child, excluding infants.

4.

Child care centers located on principal or minor arterial roads as designated by the Department of Public Works shall provide drop-off and pick-up areas which prevent vehicles from backing onto such roads.

5.

Properties proposed for child care centers shall have frontage on and access off a paved road. Roads that are constructed for the purpose of meeting this requirement shall be in conformance with the Butte County Improvement Standards.

(Ord. No. 4062, § 1, 9-10-13; Ord. No. 4105, § 1, 1-12-16; Ord. No. 4161, § 1(Att. A), 5-7-19; Ord. No. 4225, § 2, 1-24-23)

A.

Location. Drive-through facilities shall be permitted in zones as provided in Article II (Zoning Districts, Land Uses, and Development Standards).

B.

Drive-Through Aisles. Drive-through aisles in drive-through facilities shall:

1.

Provide a minimum width of eleven (11) feet on straight sections and twelve (12) feet on curved sections;

2.

Be screened by landscape berms or low garden walls; and

3.

Provide a queuing lane sufficient to accommodate five (5) vehicles within the facilities parking lot

C.

Landscape Buffer. A minimum twenty-five (25) foot-wide landscaped buffer shall be provided between drive-through aisles in a drive-through facility and any abutting residentially-zoned property.

D.

Point of Exit. No drive-through aisle shall exit directly onto a public street or alley.

E.

Location of Queuing Area. For drive-through facilities serving eating establishments, the queuing area shall occur before the point of food ordering.

F.

Noise.

1.

Drive-through facilities that utilize speaker or microphone stations for the placing or receiving of customer orders shall locate the station a minimum of fifty (50) feet from any residentially-zoned property.

2.

Noise emanating from a speaker or microphone station shall not be audible beyond the property line.

(Ord. No. 4062, § 1, 9-10-13)

A.

Applicability. The standards in this section apply to emergency shelters as defined in Article VII, Division 1 (Glossary).

B.

Number of beds. The number of beds in an emergency shelter shall not exceed 60.

C.

Proximity to other emergency shelters. No emergency shelter may be located within three hundred (300) feet of another emergency shelter.

D.

Length of Stay. Temporary shelter may be provided for no more than six (6) months per calendar year for each resident.

E.

Management Plan. The shelter operator shall prepare and submit to County staff a written management plan describing provisions for staff training, neighborhood outreach, security, screening of residents to ensure compatibility with services provided at the facility, and for training, counseling, and treatment programs, and a 24-hour on-site caretaker for residents.

F.

Services. Staff and services shall be provided to assist residents to obtain permanent shelter.

G.

Laundry Facilities. Emergency shelters shall provide laundry facilities or services for residents.

H.

Lighting. All exterior lighting associated with an emergency shelter shall be located, adequately shielded, and directed such that no direct light falls outside the property perimeter, or into the public right-of-way.

(Ord. No. 4062, § 1, 9-10-13)

A.

Types of Home Occupations.

1.

Home Office. A business limited to the use of a home computer, phone, desk, and related office equipment. Home offices do not involve client visits or employees and deliveries would be no more than what is typical of a residential use.

2.

Cottage Food Operation, Limited. A business, pursuant to the California Health and Safety Code, where a cottage food operator resides and where cottage food products (identified on the list of approved cottage food categories established and maintained by the California Department of Public Health) are prepared or packaged, and registered or permitted by the Environmental Health Division of the Butte County Public Health Department for sale to a consumer or third-party retailer. The Cottage Food Operations, Limited, use does not allow customers to purchase cottage food directly from a residence.

3.

Minor Home Occupations. Types of minor home occupations include professional offices for accountants, architects, one-on-one instruction such as tutoring and music lessons, computer programmers, engineers and other similar professions; art studios; telephone sales and surveys; and domestic services, laundry, ironing, and sewing, and the uses described under Cottage Food Operation, Limited but allowing for direct sales of cottage food products to customers from a residence.

4.

Major Home Occupations. Types of major home occupations include, equipment repair, contractor's office, dog grooming, hairdressing, light assembly and shipping, catering, food processing, home professional offices, and the uses described under Cottage Food Operation, Limited but allowing for direct sales of cottage food products to customers from a residence.

B.

Permit Required.

1.

Home Office. The establishment of a Home Office use and a Cottage Food Operation, Limited use are permitted uses in all zones allowing residences.

2.

Minor Home Occupations. The establishment of a minor home occupation requires the approval of an Administrative Permit.

3.

Major Home Occupations. The establishment of a major home occupation requires the approval of a Minor Use Permit.

4.

Cottage Foods. Cottage Food Operations must be approved by the Butte County Environmental Health Division of the Butte County Public Health Department pursuant to the California Health and Safety Code.

C.

Standards. Minor Home Occupations and Major Home Occupations shall comply with the following standards:

1.

Relationship to Dwelling Unit. The home occupation shall be clearly incidental and subordinate to the primary residential use of the dwelling unit.

2.

Storage. Goods and materials associated with a home occupation shall be stored within an enclosed structure. Outdoor storage is prohibited. The storage of flammable, combustible, or explosive materials shall be prohibited.

3.

Vehicles. No additional vehicles, except for those that would ordinarily be located at a place of residence, shall be permitted in conjunction with the home occupation.

4.

Hazardous Materials. The use or storage of hazardous materials that are not incidental to the residential use of the property is prohibited.

5.

Performance Standards. Home occupations shall not generate dust, odors, noise, vibration, or electrical interference or fluctuation that is perceptible beyond the property line.

6.

Deliveries. Deliveries and pick-ups for home occupations shall not exceed the volume normally associated with residential uses, shall not interfere with vehicle circulation, and shall occur only between 8:00 a.m. and 8:00 p.m., Monday through Saturday.

7.

Size. Home occupations shall be located within the dwelling unit, attached garage, or detached garage or accessory structure, and shall not occupy more than twenty-five (25) percent of the gross floor area of the dwelling unit.

8.

Employees. Employees of a home office and a minor home occupation shall be limited to the persons residing in the dwelling unit. Major home occupations are allowed two (2) additional persons in addition to those residing in the dwelling unit.

9.

Clients. No clients are permitted to visit a home office. Not more than six (6) clients per day are permitted to visit a minor home occupation. Not more than twelve (12) clients per day are allowed to visit a major home occupation. Hours for visits shall be between 8:00 a.m. and 8:00 p.m.

10.

Signs. One single, non-illuminated wall-mounted sign of not more than 6 square feet in area is permitted.

11.

Building Code. Minor and major home occupations shall comply with accessibility requirements of the California Building Code, including parking and path of travel into the dwelling.

D.

Suspension of Permit. The Zoning Administrator may suspend the approval of a home occupation if any of the following applies:

1.

The home occupation has become detrimental to public health, safety, welfare, or character of a neighborhood, or constitutes a hazard or nuisance to pedestrian or vehicular circulation or parking;

2.

The home occupation does not commence within one (1) year of approval; or

3.

The home occupation ceases for a period greater than one (1) year.

(Ord. No. 4062, § 1, 9-10-13; Ord. No. 4091, § 1, 1-27-15)

A.

Applicability. The standards in this section apply to any new large retail project. Large retail projects are defined as any development project with fifty thousand (50,000) square feet or more of floor area occupied by a retail use.

B.

Location: Large retail projects shall be permitted in zones as provided in Article II (Zoning Districts, Land Uses, and Development Standards).

C.

Permit Required. A large retail project requires Planning Commission approval of a Conditional Use Permit.

D.

Submittal Requirements. In addition to the materials required by Article V, Division 1 (Permit Application and Review), all applications for approval of a large retail project shall provide the following information and materials:

1.

A site plan identifying the exact location of each proposed building, all traffic and parking areas, designated service areas, pedestrian walkways and sidewalks, and designated outdoor display and sales areas. The design of all traffic and parking areas shall show all adjacent public and private streets and roads, traffic signals, traffic lanes, entry ways, fire lanes and all parking areas, including, but not limited to, a depiction of each required fire lane and parking space.

2.

A complete landscaping plan depicting vegetation, location, species, and size.

3.

A complete lighting plan, showing location and type of all lighting, including, but not limited to, building, signage and parking illumination, including specifications on height, intensity or brightness, radiation pattern, and required light shielding.

4.

A complete signage plan, identifying the location, height, lighting, and content for all proposed signs.

5.

A colored facade rendering for each building.

E.

Location. Large retail projects are permitted only within the General Commercial (GC) zone.

F.

Design Standards. The following standards shall be required for all large retail projects.

1.

Facades.

a.

No uninterrupted or unadorned length of any portion of a building shall exceed twenty (20) feet in length. The following features may be used to interrupt or adorn facades: changes in plane, pilasters, column, canopies, porticos, arcades, colonnades, and or parapets.

b.

When a single building contains multiple stores that are each less than fifty thousand (50,000) square feet of floor area with separate exterior customer entrances, the street level facade of each store shall provide fenestration along the horizontal length of the building facade of each store.

c.

Fenestration shall be provided along the horizontal length of the building facade.

2.

Materials. Predominant exterior building materials shall include architectural or split face block, brick, glass, wood, stucco, artificial stucco, stone, or concrete with architectural finish.

3.

Entryways. Customer entrances shall be clearly defined and shall include at least two (2) of the following features: canopies, porticos, overhangs, recesses, projections, arcades, raised above-the-doorway cornice parapets, peaked roof forms, arches, outdoor patios, display windows, integrated architectural details such as tile work, moldings, planters or wing walls, or landscaped sitting areas.

4.

Roofs. Flat roof lengths longer than one hundred (100) feet in length, rooftop equipment, and heating, ventilating and air conditioning (HVAC) units shall be concealed from any facade view of adjacent residential land uses and public rights-of-way.

5.

Signage. All signage shall be designed as part of an integrated project design and shall be compatible with the primary building design.

6.

Lighting. All outdoor lighting shall be located, adequately shielded, and directed such that no direct light falls onto any neighboring residential property.

7.

Pedestrians. Encourage pedestrian-oriented design, increasing safety between pedestrians and motorists, and providing interconnectivity between buildings, parking areas and other internal/external components

G.

Conflicts with California Building Code. In case of any conflict between this section and the California Building Code, the California Building Code shall prevail.

H.

Violations. Notwithstanding any provision of the Zoning Ordinance to the contrary, including, but not limited to, the definitions of Public Nuisance set forth in Section 32A-2, any violation of any provision of this section is a public nuisance, and the Director of Development Services may utilize the nuisance abatement procedure and provisions of Chapter 32A, as well as all other remedies now or hereafter available, to abate or otherwise regulate or prevent violations of this section.

(Ord. No. 4062, § 1, 9-10-13)

A.

Location: Live/Work Units shall be permitted in zones as provided in Article II (Zoning Districts, Land Uses, and Development Standards). Live/Work Units are defined as buildings or spaces within buildings that are used jointly for commercial and residential purposes.

B.

Limitations on Use.

1.

Non-residential uses within a live/work unit shall be only those uses allowed by the zone in which the live/work unit is located.

2.

The owner or operator of the non-residential use within a live/work unit shall reside within the live/work unit.

3.

The exclusive residential use of a live/work unit shall be prohibited.

C.

Prohibited Uses. The following uses are not permitted as part of a live/work unit:

1.

Adult-oriented businesses.

2.

Vehicle sales, service, maintenance or repair.

3.

Welding, machining or open-flame work, unless confined to a separate building from any live/work unit.

4.

Any use that might affect the health or safety of nearby residents or tenants because of its potential to create dust, noise, vibration, noxious gases, odors, smoke, or any other negative impacts.

D.

Design Standards.

1.

Compatibility. Live/work units shall be designed to be compatible with neighboring structures and uses.

2.

Amenities. Live/work units shall be equipped with a kitchen space and sanitary facilities.

3.

Commercial or Industrial Use. Live/work units shall be designed to accommodate commercial or industrial work through appropriate ventilation, flooring, and storage spaces similar to the types of finishes commonly found in comparable commercial or industrial facilities.

E.

Operating Standards.

1.

Live/Work Space. Living space within a live/work unit shall not be separately sold or rented for persons not working within the unit. Likewise, working space shall not be separately sold or rented for persons not living within the unit.

2.

Employees. Employment within a live/work unit shall be limited to persons residing in the unit and two (2) additional persons.

3.

Vehicles. No truck or van with a payload rating of more than two (2) tons shall be parked on or in front of a parcel occupied by a live/work unit.

4.

Deliveries. Deliveries to and pick-ups from a live/work unit shall not interfere with vehicle circulation and shall occur only between 8:00 a.m. and 8:00 p.m., Monday through Saturday.

5.

Fire Hazards. Welding, machining, or open-flame work shall be completely enclosed in a separate building during work activities so as to restrict light and glare from welding and other uses from impacting the surrounding neighborhood.

6.

Occupancy Separations. Non-residential uses located in a separate building from a live-work unit shall comply with all applicable County regulations for that use. Proper occupancy separations shall be provided between live/work units and non-residential uses in separate buildings as determined by the Chief Building Official.

7.

Hazardous Materials Business Plan. For uses that involve the handling or storage of hazardous materials, the applicant shall submit a Hazardous Materials Business Plan to the Butte County Environmental Health Division as required by Chapter 6.95 of Division 20 of the California Health and Safety Code (Section 2550 et seq.).

8.

Noise. Notwithstanding the standards contained in Chapter 41A, Noise Control, noise levels shall be maintained at or below sixty-five (65) decibels as measured at the closest property line at all times. No fabrication or construction shall take place outside that would create a noise level exceeding sixty-five (65) decibels at the property line.

9.

Outdoor Storage. Outside storage is prohibited. All supplies and storage materials shall be stored inside of buildings at all times.

10.

Garbage enclosures. Garbage/recycling bins shall be stored in a manner that is screened from public view at all times.

(Ord. No. 4062, § 1, 9-10-13)

A.

Types of Kennels.

1.

Commercial Kennels.

a.

Kennels that do not meet the definition of a personal kennel or a personal hardship kennel are classified as an Animal Services land use.

b.

Commercial kennels are subject to all land use regulations and permit requirements that apply to the Animal Services land use classification under the Use Regulation Tables.

2.

Personal Kennels.

a.

Kennels accessory to an on-site residential use ("personal kennels") require the approval of a Minor Use Permit.

b.

A personal kennel is permitted on any parcel occupied by a residential use provided that all standards in this section are met.

3.

Personal Hardship Kennels.

a.

The Zoning Administrator may approve a personal hardship kennel for a one (1) year period due to death, hardship, illness, or military deployment of a family member. An additional one (1) year extension may be approved by the Zoning Administrator if the conditions initially necessitating a personal hardship kennel remain present upon the completion of the one (1) year period.

b.

A personal hardship kennel requires the approval of an Administrative Permit.

c.

Personal hardship kennels shall allow no more dogs than specified under the permit, not to exceed ten (10) dogs. Confinement shall be adequate to prevent dogs from running at large. No breeding of dogs or boarding of new dogs shall be allowed. The use shall cease upon resolution of the hardship.

B.

Standards Applying to All Kennels.

1.

Parcel Size. The minimum parcel size for a kennel shall be two (2) acres, except for personal hardship kennels which shall be one (1) acre.

2.

Outdoor Kennels. All areas where dogs are housed outdoors shall have roofing as required by Butte County Animal Control.

3.

Indoor Kennels. All areas where dogs are housed indoors shall have ventilation as required by Butte County Animal Control.

4.

Outside Flooring. Exercise areas that are separate from housing kennels may have flooring other than cement (e.g. grass, gravel) and shall be free of standing water or mud.

5.

Identification. Individual kennels shall be clearly labeled with:

a.

Photo of dog;

b.

Dog name;

c.

Dog description;

d.

Rabies vaccination information;

e.

Microchip numbers (if applicable);

f.

Dog owner's name and contact information; and

g.

Other distinguishing information.

6.

Setbacks. All kennel structures and facilities shall be setback a minimum of one hundred fifty (150) feet from any property line, except for personal hardship kennels, which shall be in accordance with Section 24-156 (Accessory Uses and Structures).

7.

Screening. Kennel enclosures shall be screened by an opaque fence of a minimum of six (6) feet in height.

8.

Outdoor Uses. Outdoor exercise areas, runs, or yards may be used only during daylight hours.

9.

Sanitation. Kennels shall be kept in a clean and sanitary manner by the daily removal of waste and by the use of spray and disinfectants to prevent the accumulation of flies, the spread of disease, or offensive odor.

10.

Odors. Animal odors shall not be detectable beyond the property lines of the property where the kennel is located.

11.

Dust and Drainage. Dust and drainage from the kennel enclosure shall not create a nuisance or a hazard to adjoining property or uses.

12.

Breeding. Breeders shall obtain a commercial kennel permit issued by Butte County Animal Control.

13.

Treatment of Dogs. All dogs shall be maintained in compliance with Health and Safety Code Section 122065 requirements for the treatment of dogs.

14.

Noise Standards. Noise standards shall be regulated pursuant to Chapter 41A. Noise Control, Section 41A-7 Exterior Noise Standards and Section 41A-8 Interior Noise Standards. The County may conduct field testing to verify noise levels, or the County may require the operator to hire an acoustical consultant to conduct field testing. If the operator is required to verify noise levels, a test report showing compliance shall be provided by the operator and submitted to the Director of Development Services at the operator's expense. For the purpose of evaluating conformance with the standards of this section, noise levels shall be measured in accordance with Chapter 41A. Noise Control.

(Ord. No. 4062, § 1, 9-10-13)

Marijuana dispensaries shall be a prohibited use within Butte County.

(Ord. No. 4062, § 1, 9-10-13)

A.

Use Regulations.

1.

Location. Mobile home parks shall be permitted in zones as provided in Article II (Zoning Districts, Land Uses, and Development Standards).

2.

Primary Use. Mobile homes with a minimum of three hundred twenty (320) square feet of floor area (eight (8) x forty (40) feet) are permitted as the primary use within mobile home parks.

3.

Accessory Uses. The following accessory uses shall also be permitted within mobile home parks:

a.

Management office and maintenance equipment storage.

b.

Coin-operated laundry and dry cleaning facilities, for residents only.

c.

Vending machines, for residents only.

d.

Noncommercial recreation, meeting halls, clubhouses, and swimming pools.

e.

Storage facilities, for residents only.

f.

Chapels and other religious buildings.

g.

Car washing facilities, for residents only.

h.

Other uses which are clearly incidental and subordinate to the primary use.

B.

Property Standards.

1.

Minimum Site Area. The minimum site area for a mobile home park shall be ten (10) contiguous acres.

2.

Minimum and Maximum Density. The minimum and maximum residential density for a mobile home park shall be as established by the zone in which the mobile home park is located.

3.

Parking.

a.

The number of parking spaces shall be provided as required in Section 24-93 (On-Site Parking Requirements).

4.

Setbacks.

a.

All structures within a mobile home park shall be setback a minimum of twenty-five (25) feet from any public road.

5.

Utilities. All utilities shall be installed underground.

6.

Population Density. Not more than one (1) single-family mobile home may be placed on a mobile home site.

C.

Walls and Fences.

1.

The Zoning Administrator may require walls or fences around the perimeter of a mobile home park that abuts a public road. The height, construction, and type of material for such perimeter walls or fences shall be as specified by the Zoning Administrator (Article III, Division 3 (Walls and Fences)).

D.

Mobile Home Park Streets. Mobile home park streets shall be provided in such a pattern as to provide convenient traffic circulation within the mobile home park and to surrounding county roads. Streets shall be constructed to the following standards:

1.

Mobile home park streets shall be paved in accordance with State of California standards.

2.

Drainage facilities and encroachments to public roads shall be in conformity with Department of Public Works standards.

E.

Mobile Home Park Amenities.

1.

Storage Areas. Areas used for storage of travel trailers, boats, and other such items may be established in a mobile home park for residents only provided they are adequately screened from public view and occupy no more than twenty (20) percent of the mobile home park site.

F.

Dogs and Animals. Dogs and other household pets shall not be permitted to run at large in any mobile home park.

G.

Transient Spaces. Sites reserved for transient mobile homes shall be so designated on an approved mobile home park master development plan. The site development standards of this section shall apply to sites reserved for transient mobile homes.

(Ord. No. 4062, § 1, 9-10-13)

A.

Purpose. It is the intent of this section to prohibit the storage or disposal of well stimulation byproducts within the county to protect the vital natural resources of the county, including but not limited to, the county's vast groundwater resources, and to protect the health, safety and welfare of the residents of the county.

B.

Applicability. The standards in this section apply to all zones.

C.

Prohibited Uses. No well stimulation byproducts of any form or of any nature may be stored in, or disposed of in, the boundaries of the county, including in any injection wells within the county. In addition, no fluid or fluids, wastewater, or wastewater solids may be stored in, or disposed of in, any injection wells within the county in violation of federal or state law.

(Ord. No. 4094, § 9, 4-21-15)

A.

Zones Permitted Outdoor display of retail goods is permitted as an accessory use to a permitted commercial use in the General Commercial (GC), Neighborhood Commercial (NC), Community Commercial (CC), and Mixed Use (MU) zones.

B.

Permit Required. Permanent outdoor display areas require the approval of an Administrative Permit. Permit applications shall include a site plan that identifies the location, area, and boundaries of the outdoor display. The Zoning Administrator may also request addition information deemed necessary to demonstrate compliance with the standards in this section.

C.

Height. Displayed items shall not exceed six (6) feet in height.

D.

Goods Permitted. Displayed items shall be of the same type that are lawfully displayed and sold inside the building occupied by the primary commercial use. Only the business or entity occupying the building may display and sell merchandise in an outdoor display area.

E.

Hours. Items shall be displayed only during operating hours of the primary commercial use. Items shall be removed from display and moved into a permanently enclosed structure upon close of business.

F.

Screening. The Zoning Administrator may require that sales areas and activities be screened from view from adjacent streets with a solid wall, fence, or landscaped berm.

G.

Location.

1.

All outdoor displays shall be located on the same parcel as the associated primary use.

2.

Display areas shall not be placed within any permanent landscaped area, required parking space, or loading area.

3.

No items shall be displayed within the public right-of-way.

4.

Display areas shall not be placed in a location that would cause a safety hazard, obstruct the entrance to a building, encroach upon driveways, or otherwise create hazards for pedestrian or vehicle traffic.

(Ord. No. 4062, § 1, 9-10-13)

A.

Location. Public/mini storage facilities shall be permitted in zones as provided in Article II (Zoning Districts, Land Uses, and Development Standards).

B.

Prohibited Uses. Public/mini storage facilities shall be used exclusively for the storage of goods. The following uses shall be prohibited in public/mini storage facilities:

1.

Automotive repair.

2.

Practice facilities for musical bands.

3.

Living quarters for human habitation.

4.

The keeping of live animals.

5.

Storage of hazardous materials.

6.

Metal, wood, or other working shops, whether as a business or hobby.

7.

Any business activity.

C.

Enclosure of Stored Materials. Outdoor storage within a public/mini storage facility shall be prohibited, except that boats and recreational vehicles may be stored outside if screened from public view.

D.

Setbacks.

1.

Public/mini storage structures shall be setback a minimum of twenty (20) feet from any public street.

2.

Public/mini storage structures over one (1) story shall be setback a minimum of thirty (30) feet from any property line.

E.

Utilities. Individual personal storage units in a public/mini storage facility shall not have separate water, sewer, or electrical services, except to serve needed lighting and security purposes.

F.

Walls and Screening.

1.

Landscaping shall be provided continuously along any frontage of a public/mini storage facility on public streets, excepting authorized entry points.

2.

A major corner landscape feature, consisting of a combination of undulating berms, low garden or rock garden, walls, trees, flowering shrubs, ground cover, shall be provided at the corner of a parcel in cases where a property occupied by a public/mini storage facility is located at the intersection of two (2) or more streets.

3.

Exterior walls shall be constructed of decorative block, concrete panel, stucco, or similar material. Exterior walls shall include architectural relief through height variations, the use of architectural caps, attractive posts, or similar measures. Gates through exterior walls shall be decorative iron or similar material. Chain-link or wood fencing or gating is prohibited.

4.

All mechanical equipment (e.g., ventilation systems, HVAC units) shall be screened by roofs, fences, or by other means so that it is not visible from public roads or by users of adjacent properties.

G.

Lighting.

1.

Wall-mounted lights shall be located below the roofline of the buildings and shall be shielded and downward facing.

2.

Freestanding lighting in a public/mini storage facility shall be no greater than sixteen (16) feet in height and shall be setback a minimum of fifty (50) feet from property lines adjacent to residential uses.

H.

Structure and Site Design.

1.

Entrance doors to storage compartments shall not front onto any public street.

2.

Structure walls shall be constructed of tinted or face block, stucco, brick, stone, architectural concrete masonry units, or other similar material.

3.

A change in structure wall plane of at least twelve (12) inches shall be used at least every sixty (60) feet. Additionally, structure walls adjacent to or visible from a public street or abutting public property and sixty (60) feet or more in length shall have offset areas of at least four (4) feet in depth.

4.

Roofs shall have a minimum pitch of four (4) to 1. Metal roofs shall have a flat finish to reduce reflective glare. A change in roof plane of at least twelve (12) inches shall occur at least every sixty (60) feet.

5.

Prefabricated shipping containers shall not be used for mini-storage facilities.

6.

Drive aisles servicing metal frame mini-storage buildings shall be a minimum width of twenty-four (24) feet.

7.

Boats and recreational vehicle spaces shall have a twelve (12) foot minimum width to ensure adequate access and maneuvering space.

8.

Trash collection areas shall be provided as part of a public/mini storage facility. Collection areas shall be screened by either a minimum six (6) foot-high solid masonry wall, an attractive wall of similar opaque material, or by the facility's buildings. Collection areas shall provide for easy access by mini-storage unit users.

9.

The primary entrance to a public/mini storage facility sales office shall be clearly identifiable. The sales office may be recessed or framed by a sheltering element such as an awning, arcade, or portico.

(Ord. No. 4062, § 1, 9-10-13)

A.

Applicability. The standards in this section apply to recycling collection facilities as defined in Article VII, Division 1 (Glossary).

B.

Location. Recycling collection facilities shall be permitted in zones as provided in Article II (Zoning Districts, Land Uses, and Development Standards).

C.

Reverse Vending Machines.

1.

Accessory Use Only. Reverse vending machines are allowed only as an accessory use to a commercial, industrial, or public use permitted in the applicable zone.

2.

Location.

a.

If located outside of a structure, reverse vending machines shall be located within fifty (50) feet of the entrance to the primary structure on the parcel and shall not obstruct pedestrian or vehicular circulation.

b.

Reverse vending machines shall not occupy required on-site parking spaces.

3.

Size. Reverse vending machines shall occupy no more than fifty (50) square feet of floor space per unit, including any protective enclosure, and shall be no more than eight (8) feet in height.

4.

Signs. The maximum sign area shall be four (4) square feet per unit, exclusive of operating instructions, and shall be located on the unit.

D.

Small Collection Facilities.

1.

Location.

a.

Small collection facilities shall not be located within fifty (50) feet of a residential zone.

b.

Small collection facilities shall be set back at least ten (10) feet from any public right-of-way and shall not interrupt pedestrian or vehicular traffic.

2.

Size. A small collection facility shall occupy no more than five hundred (500) square feet of area.

3.

Screening. Small collection facilities adjacent to a residential zone shall be enclosed in a structure or screened from view by an opaque fence or wall at least six (6) feet in height.

4.

Operating Standards. Small collection facilities shall not use power-driven processing equipment and shall only accept glass, metal, plastic containers, paper, and reusable items.

E.

Large Collection Facilities.

1.

Location. A large collection facility shall be located at least two hundred fifty (250) feet from a residential zone.

2.

Screening. Large collection facilities shall be enclosed in a structure or screened from view by an opaque fence or wall at least six (6) feet in height.

3.

Operating Standards. Power-driven processing shall not produce dust, fumes, odor, smoke, or vibration in excess of ambient levels.

F.

Processing Facilities.

1.

Location. Parcels occupied by a processing facility shall not abut a residential zone.

2.

Allowed Activities. Baling, compacting, crushing, grinding, shredding, sorting, and repairing are allowed. Only beverage and food containers may be baled, compacted, or shred.

3.

Size. Processing facilities shall not exceed forty-five thousand (45,000) square feet of floor area.

4.

Exterior Storage. Exterior storage of material shall be located in sturdy storage containers, or be enclosed.

5.

Screening. Processing facilities shall be enclosed in a structure or screened from view by an opaque fence or wall at least eight (8) feet in height.

6.

Operating Standards. Dust, fumes, odor, smoke, or vibration shall not exceed ambient levels.

(Ord. No. 4062, § 1, 9-10-13)

A.

Purpose. This section establishes minimum requirements for the operation of residential generators. These requirements are intended to reduce noise levels in residential areas and protect the health, property, and well-being of Butte County residents and visitors.

B.

Applicability. This section shall apply to the operation of residential generators. This section does not apply to Limited Density Owner-Built Rural Dwellings as defined in the California Building Code. Allowable noise levels for Limited Density Owner-Built Rural Dwellings are defined under Article VI, Chapter 26 of the Butte County Code.

C.

Standards.

1.

Noise Levels. Noise shall be regulated pursuant to Chapter 41A. Noise Control.

2.

Installation. Permanent generators shall be permanently secured on a minimum 3½-inch thick concrete slab extending a minimum of two (2) feet beyond the generator on all sides, or shall be anchored as required in the manufacturer's installation instructions to prevent vibration.

3.

Compliance with Noise Standard. Residential generators not meeting the standards set forth under Chapter 41A. Noise Control shall be brought into compliance in any of the following ways:

a.

Cessation of operation;

b.

Retrofitting of the generator with a manufacturer-approved muffler or exhaust silencer;

c.

Repair of the generator;

d.

Replacement of the generator with a conforming generator; or

e.

Enclosure of the generator in conformance with Subsection (D) of this section.

D.

Enclosure. If needed to comply with the maximum or hourly decibel level, generators shall be enclosed in a sound reduction enclosure approved by the Building Official. This enclosure shall be constructed consistent with published County guidelines for generator noise reduction, or may be a commercially manufactured enclosure. Generator enclosures shall reduce noise to the level required by this section. Enclosures shall be constructed to meet current California Building Code standards, shall provide a minimum of thirty (30) inches of interior structural clearance to allow access on all sides of the generator, and shall be adequately ventilated and vented. The Department of Development Services shall publish and maintain guidelines for the construction of effective generator noise reduction enclosures.

E.

Exceptions. The standards of this section are not applicable to generator noise from the following sources:

1.

The use of any generator related to or connected with an emergency, in order to protect life or property; or during a temporary power outage; and

2.

The operation of any generator for commercial agricultural use.

(Ord. No. 4062, § 1, 9-10-13)

A.

Purpose. This section establishes standards for the location and construction of accessory dwelling units and junior accessory dwelling units in conformance with Section 65852.2 and Section 65852.22 of the California Government Code. These standards are intended to allow for accessory dwelling units as an important form of affordable housing while preserving the character and integrity of residential areas within the county and maintaining public safety.

B.

Permit Process. An accessory dwelling unit or a junior accessory dwelling unit shall be allowed, after obtaining a building permit, wherever a single-family or multi-family dwelling is allowed, with certain limitations specified below.

C.

Location.

1.

Zones Allowing Single-Family and Multi-Family Dwellings. Accessory dwelling units are allowed on any parcel that contains a primary residence, and junior accessory dwelling units are allowed within single-family dwellings on parcels zoned for single-family dwellings, with the restrictions set forth below.

2.

Restrictions. There are additional standards to be met when obtaining a building permit for an accessory dwelling unit or a junior accessory dwelling unit in the State Responsibility Area related to Fire Hazard Reduction and Defensible Space and in the Agricultural Buffer Area, both of which are more fully described below. An accessory dwelling unit or a junior accessory dwelling unit shall not be allowed on a parcel subject to a Williamson Act contract or located in the Timber Production Zone.

3.

State Responsibility Area. The State Responsibility Area is an area identified by the California Department of Forestry and Fire Protection (CalFire) as being subject to more severe fires. CalFire has imposed setbacks for this area that are intended to lessen the impact of fire. Butte County has been particularly hard hit by fires, especially most recently the Camp Fire which destroyed approximately fourteen thousand (14,000) homes and killed eighty-five (85) individuals. Requiring greater setbacks in this area for fire hazard reduction and for defensible space will lessen the impact of future fires which is vital to the health and safety of Butte County residents.

4.

Agricultural Buffer Area. The Agricultural Buffer Area is an area composed of parcels zoned Agriculture, as well as the three hundred (300) feet adjoining parcels zoned Agriculture located on parcels not zoned Agriculture. The area is identified in the Zoning Ordinance, Division 7, Agricultural Buffers. The area identifies where residents may be negatively impacted by agricultural activities, including dust, odors, and the spraying of pesticides. The area is intended to lessen the impact of agricultural activities on nearby residents in order to protect the health and safety of those residents by imposing a buffer (setback) that is greater than setbacks imposed in non-Agriculture zones.

D.

Site Requirements.

1.

Accessory dwelling units and junior accessory dwelling units shall be permitted only on legally-created parcels.

2.

Accessory dwelling units and junior accessory dwelling units that conform to this chapter shall be deemed to be an accessory use or an accessory structure and shall not be considered to exceed the allowable density for the parcel upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the parcel.

3.

A local agency, special district or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit or a junior accessory dwelling unit that is less than seven hundred fifty (750) square feet. Any impact fee charged for an accessory dwelling unit of seven hundred fifty (750) square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. Additional restrictions on imposing impact fees on accessory dwelling units or junior accessory dwelling units are set forth in Government Code Section 66323.

4.

Guest houses shall be excluded from the requirements of this section and shall be regulated pursuant to Section 24-156(g) (Accessory Uses and Structures).

5.

Accessory dwelling units and junior accessory dwelling units that comply with all requirements of this section are permitted on a parcel containing a guest house.

E.

Accessory Dwelling Unit Types and Sizes.

1.

Junior Accessory Dwelling Unit: A unit that meets the definition of California Government Code Section 66313(d).

2.

Accessory Dwelling Unit: A unit that meets the definition of California Government Code Section 66131(a).

F.

Maximum Number Permitted.

1.

For a parcel with one (1) single-family dwelling, one (1) accessory dwelling unit, either attached or detached, or, if the parcel is also zoned for single-family dwellings, one (1) junior accessory dwelling unit is allowed. If a parcel already contains two (2) or more single-family dwelling units, with one of the units being constructed in 1995 or later under Butte County's Second Dwelling Unit Ordinance, and is located in a zone that only allows one (1) single-family dwelling unit, the parcel already contains an accessory dwelling unit, and an additional accessory dwelling unit or junior accessory dwelling unit is not allowed.

2.

For a parcel with a multi-family dwelling, two (2) detached accessory dwelling units, as well as multiple conversions of areas of the multi-family dwelling that are not used as livable space, are allowed.

3.

Agricultural worker housing approved by the State of California and Butte County shall not be considered an accessory dwelling unit or counted as a primary dwelling unit under this section.

G.

Development Standards.

1.

Standards. The standards for development are as set forth in the Zoning Ordinance and the Building Code, unless they are modified below. There is no limit on the size of an accessory dwelling unit.

2.

Sewage Disposal and Potable Water Requirements. The accessory dwelling unit shall have adequate sewage disposal facilities and potable water facilities, as determined by the Butte County Environmental Health Division.

3.

Setbacks. The setbacks established in the Zoning Ordinance are applicable, with the following exceptions:

a.

There is no setback for the conversion of an existing structure, without expanding the external boundary of the structure, to an accessory dwelling unit;

b.

If an accessory dwelling unit is constructed outside of an existing building, the setback from the side and rear lot lines, as required by state law, is four (4) feet;

c.

In the State Responsibility Area, the side and rear setback shall be large enough to accommodate the required defensible space in an effort to ensure public safety, which ranges from thirty (30) to one hundred (100) feet, as specified in state law; and

d.

In the Agricultural Buffer Area, the setback from the boundary of any parcel zoned Agriculture is three hundred (300) feet in an effort to ensure public safety. On parcels located in the Agricultural Buffer Area, a detached accessory dwelling unit shall be located in close proximity to the primary dwelling unit.

4.

Parking. Parking requirements are established as follows:

a.

A maximum of one (1) space per bedroom or per accessory dwelling unit shall be required, whichever is less. Parking spaces may be provided in tandem on a driveway, and within setback areas.

b.

Junior accessory dwelling units are not required to provide parking.

c.

When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, those off street parking spaces shall not be replaced.

d.

Parking standards for an accessory dwelling unit shall not be imposed in any of the following instances:

i.

The accessory dwelling unit is located within one-half (½) mile walking distance of public transit.

ii.

The accessory dwelling unit is located within an architecturally and historically significant historic district.

iii.

The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.

iv.

When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.

v.

When there is a car share vehicle located within one (1) block of the accessory dwelling unit.

5.

Fire Hazard Reduction and Defensible Space Regulation.

a.

State Responsibility Area. Accessory dwelling units built within the State Responsibility Area are required to comply with the defensible space regulations found in California Code of Regulations, Title 14, Natural Resources, Division 1.5, Department of Forestry and Fire Protection, Chapter 7, Fire Protection, Subchapter 2, SRA Fire Safe Regulations, Article 5, Fuel Modification Standards, Section 1276.01, Setback for Structure Defensible Space, and Subchapter 3, Fire Hazard, Article 3, Fire Hazard Reduction Around Buildings and Structures.

b.

Fire Sprinklers. Fire sprinklers shall not be required unless they are required in the primary residence in accordance with California Government Code Section 66314.

6.

Drainage Improvements. Construction of an accessory dwelling unit may require drainage improvements that are customary for a building permit. The extent and timing of the improvements shall be determined by the Department of Public Works and shall conform to the technical standards and specifications for drainage improvements as adopted by the Board of Supervisors.

7.

Rental Term. The rental term for an accessory dwelling unit or a junior accessory dwelling unit is the same as for the primary dwelling.

(Ord. No. 4197, § 1, 1-12-21; Ord. No. 4253, § 2, 10-8-24)

Editor's note— Ord. No. 4197, § 1, adopted January 12, 2021, repealed § 24-172 and enacted a new § 24-172 as set out herein. Former § 24-172 pertained to second units and accessory dwelling units and derived from Ord. No. 4062, § 1, adopted September 10, 2013; Ord. No. 4134, § 1(Att. A), adopted September 26, 2017; and Ord. No. 4159, § 1(Att. A), adopted March 26, 2019.

A.

Purpose. This section establishes a definition, permit process, rental term, site requirements, standards, and permit revocation requirements for short-term rentals to ensure that, 1) short-term rentals are compatible with and do not adversely impact surrounding residential uses, 2) property owners have the option to utilize their properties for short-term rental use, 3) risks to public safety and health to occupants and owners are minimized, 4) property values are maintained; 5) visitation and tourism to Butte County is supported, and, 6) transient occupancy tax is collected in order to provide fair and equitable tax collection for all lodging providers.

B.

Definitions.

1.

Short-Term Rental. A single-family dwelling, or a portion of a single-family dwelling, that is rented to transient guest occupants typically for periods of thirty (30) days or less, with weekend or weekly rental periods being the most common. Short-term rentals are routinely booked for numerous periods throughout the year, with a property manager providing oversight and services for guest customers.

2.

Primary Residence. An owner's permanent residence or usual place of return for housing as documented by at least two (2) forms of identification.

3.

Host. A person who rents their primary residence for short-term rentals under this section.

4.

Hosted Stay. A primary residence where a resident remains on-site during the short-term rental guest's stay (except during daytime and/or work hours).

5.

Un-Hosted Stay. A primary residence where the resident remains off-site during the short- term rental guest's stay.

C.

Applicability.

1.

Short-term rentals are required to be a primary residence as defined under this section, except when either of the following applies:

a.

The applicable zone has a 5-acre or greater minimum parcel size, and the applicable parcel is five (5) acres or greater in size.

b.

The owner of a short-term rental has a permanent residence and resides on an adjacent parcel sharing a common property line with the short-term rental parcel.

2.

This section does not apply to the use of single-family dwellings when not occupied as a short-term rental.

3.

This section does not apply during times of a declared emergency when short-term rentals are offered at no cost to individuals displaced from their homes as a result of a disaster.

4.

Development Services shall rely upon occupancy records and other sources of information for the short-term rental in determining all potential code enforcement violations.

5.

Short-term rentals located in the following communities and associated zones are not subject to the primary residency requirement under C. 1 above. These communities include seasonal vacation cabins that are not primary residences. The use of seasonal vacation cabins in these communities as short-term rentals are otherwise subject to the requirements of this chapter.

Butte Meadows

FR-5 (Foothill Residential, 5-acre minimum)

FR-1 (Foothill Residential, 1-acre minimum)

PUD (Planned Unit Development)

Jonesville

REC (Recreation Commercial)

Lake Madrone

MDR (Medium Density Residential)

LDR (Low Density Residential)

VLDR (Very Low Density Residential)

Philbrook Reservoir

TM (Timber Mountain)

D.

Administrative Permit Process. Short-term rentals are subject to an administrative permit, pursuant to Butte County Code Chapter 24, Article 29, and shall be allowed as provided by the applicable zone (refer to the Use Regulation Tables for each zone to determine if short-term rentals are allowed), subject to the requirements of this section. The administrative permit application shall include all information necessary to determine compliance with this section. The application process shall be subject to a fee in accordance with the latest fee schedule approved by the Board of Supervisors.

E.

Minor Use Permit Process. Any short-term rental that cannot comply with the requirements set forth under this section but may otherwise support the purpose of this section shall be subject to a minor use permit and environmental review pursuant to the California Environmental Quality Act (CEQA). Short-term rentals subject to a minor use permit are limited to those parcels five (5) acres or greater in size, located in a zone with a 5-acre or greater minimum parcel size.

F.

Administrative Permit Renewal Process. The administrative permit shall be renewed annually, based upon the anniversary date of permit issuance. The renewal process shall be subject to a fee in accordance with the latest fee schedule approved by the Board of Supervisors. The Department of Development Services shall issue a renewed administrative permit upon making the following findings:

1.

No more than two (2) strikes have been issued for violations of this section during the last 24-month period;

2.

The short-term rental has not been transferred to another person, entity, or landowner;

3.

The short-term rental complies with the approved administrative permit and all applicable Butte County Codes and Standards; and,

4.

The short-term rental property is current on transient occupancy taxes and has paid all said taxes to the Butte County Treasurer-Tax Collector by the required due date.

No property rights conferred. Short-term rental administrative permits do not provide a vested interest, or entitlement in the continued operation of a short-term rental upon a change of property ownership. Short-term rental permits are revocable permits and shall not run with the land notwithstanding Butte County Code Section 24-250. Property owners must notify the Butte County Department of Development Services and the Central Collections Division of the Treasurer-Tax Collector's Department upon change of ownership. Continued operation of a short-term rental upon change of ownership will result in a violation of this section

G.

Short-Term Rental Restrictions.

1.

Short-term rentals are not allowed in structures not intended for residential occupancy under the current California Building Code Standards, or in agricultural worker housing.

2.

No more than two (2) short-term rentals may be permitted on the same parcel (e.g., a primary residence and an approved accessory dwelling unit), and one (1) of the short-term rentals must be operated as a hosted stay.

3.

Short-term rentals on property subject to a Williamson Act Contract are subject to the following additional restrictions:

a.

Shall be a primary residence as defined under Section 24-172.1 B.2

b.

Shall be limited to hosted stays as defined under Section 24-172.1 B.4.

c.

Shall not be permitted in agricultural worker housing.

d.

Shall be limited for agricultural uses to one (1) short-term rental per parcel, provided the parcel meets the minimum parcel size requirements of ten (10) acres for prime land and forty (40) acres for nonprime land, but if the parcel falls below the minimum size requirement, only one (1) short-term rental shall be allowed per contract, and further if the total area of contracted land under the same ownership falls below the minimum size requirement, then no short-term rental shall be allowed; for open space uses short-term rentals shall be limited to one (1) short-term rental per contract located on a parcel with a minimum size of eighty (80) acres.

e.

Is not eligible for a minor use permit pursuant to Section 24-172.1 E.

H.

Reporting Requirements.

1.

Transient Occupancy Taxes. Butte County Code Chapter 23-A authorizes the levy of a Transient Occupancy Tax for overnight stays at all lodging facilities. Short-term rental proprietors must complete a Transient Occupancy Tax Questionnaire and submit it to the Central Collections Division of the Treasurer-Tax Collector's Department within ten (10) days of commencing business.

2.

Annual Income Reporting for Short-Term Rentals Subject to a Williamson Act Contract. Annual income received from the short-term rental shall be annually reported to the Butte County Assessor.

I.

Standards. Short-term rentals are subject to the following operation and development standards at all times. On-site inspections by Butte County or a verifiable self-certification process shall be required to ensure compliance with all permit standards. By accepting an administrative permit, the owner agrees to allow on-site inspections by the County at reasonable times.

1.

Accessory Dwelling Units. Both a single-family dwelling that is a primary residence and an accessory dwelling unit on the same parcel may be permitted as a short-term rental. The administrative permit shall identify each of the units permitted as short-term rentals.

2.

Appearance, Visibility, and Signage. No alteration shall be made that would identify a dwelling as a short-term rental, and that would not preserve and protect the residential character of the dwelling or existing neighborhood. No signage pertaining to a short-term rental is allowed excepting as required below under Subsection I.10.b., Posting of Permit Standards.

3.

Commercial Activity Prohibited. Commercial activities and special events, including, but not limited to, weddings, receptions, and parties are prohibited. All occupants of the short-term rental shall be notified of the prohibition against commercial activities prior to the reservation, rental, or lease, and said prohibition shall be a part of any rental or lease agreement.

4.

Building, Fire, and Health Standards. Short-term rentals are subject to the following development standards:

a.

Meet the current California Building Code Standards for the intended occupancy to the satisfaction of the Butte County Department of Development Services.

b.

Provision of potable domestic water supply, including bacteriological test results and verification of availability of adequate quantity of potable water, if an onsite well provides the domestic water supply.

c.

On-site septic system or sewer connection necessary to accommodate the short-term rental to the satisfaction of the Butte County Public Health Department.

d.

Fire extinguishers, smoke detectors, and carbon monoxide detectors shall be maintained in working order, and information related to all emergency exits shall be provided inside of the short-term rental.

5.

Trash and Recycling. Trash and recycling receptacles shall be stored out of public view and serviced on a weekly basis. After pick-up, receptacles shall be returned to storage areas within eight (8) hours.

6.

Noise Standards. It is the goal of this section to preserve the quality of life and character of existing residential neighborhoods in Butte County. In accordance with the Noise Control Ordinance, Butte County Code Chapter 41A, excessive, unnecessary or offensive noise within the County is detrimental to the public health, safety, welfare, and peace and quiet of the inhabitants of the County and therefore is considered a nuisance. Accordingly, noise levels at all short-term rentals shall comply with Butte County Code Section 41A-7 Exterior Noise Standards and Section 41A-8 Interior Noise Standards. In addition to compliance with the noise control ordinance, all short-term rentals shall comply with the following requirements:

a.

Property managers shall insure that the occupants of the short-term rental understand that loud or unreasonable noise that disturbs others and that is not in keeping with the character of the surrounding neighborhood will result in a violation of this section.

b.

Property managers shall immediately respond to all complaints concerning noise levels at all times. Failure to respond to all verifiable complaints will result in the issuance of a strike.

c.

Quiet hours shall be observed between 10:00 p.m. and 7:00 a.m., Monday through Friday, and 10:00 p.m. and 9:00 a.m. on Saturdays, Sundays, and holidays.

d.

Outdoor amplified sound is prohibited during quiet hours. Outdoor amplified sound is allowed during non-quiet hours but shall be kept at a volume that complies with the noise control ordinance.

e.

All occupants of the short-term rental shall be notified of the noise standards as set forth under this section and said standards shall be a part of any rental or lease agreement.

7.

Occupancy and Parking. Occupancy and parking requirements shall be specified on the administrative permit application. Table 1 and Table 2 below provide maximum occupancy and parking requirements depending upon whether the rental is served with public sewer or an on-site septic system. Additional standards for occupancy and parking are provided as follows:

a.

Size. Depending on the configuration of the building and the adequacy of the potable water and on-site septic systems, short-term rentals are limited to a maximum of five (5) rented bedrooms. Each bedroom shall provide not less than seventy (70) square feet of floor area for the first two (2) occupants. The total floor area requirements per bedroom shall increase at a rate of fifty (50) square feet for each occupant in excess of two (2).

b.

Maximum Annual Nights for Un-Hosted Stays. Un-hosted short-term rental stays shall not exceed ninety (90) nights per calendar year, except a one hundred eighty (180) nights per calendar year shall be allowed when, 1) the parcel is located in a zone with a 5-acre or greater minimum parcel size; and, 2) the applicable parcel is five (5) acres or greater in size.

c.

On-Site Residents. The number of on-site residents shall be subtracted from the allowed maximum occupancies shown under Table 1 and Table 2.

d.

Septic Systems. The number of overnight guests for rentals served by on-site septic systems shall be based on two (2) guests per approved bedroom, whether or not the guests sleep in a bedroom, or if more than two (2) guests sleep in a bedroom. An approved bedroom is one (1) recognized as such by the Butte County Public Health Department at the time the on-site septic system was legally constructed.

e.

Maximum Occupancy.

1.

Public Sewer. Short-term rentals served with public sewer shall not exceed fourteen (14) overnight guests, excluding children under 3-years of age, provided the rental meets the bedroom number standards as per Table 1 below.

2.

On-Site Septic System. Short-term rentals served by an on-site septic system shall not exceed one (10) overnight guests, excluding children under 3-years of age, provided the rental meets the bedroom number standards as per Table 2 below.

f.

Parking. On-site tandem parking may be permitted if parallel parking cannot be accommodated on-site. Dimensions for parking stalls shall be in accordance with Section 24-295, Parking Design Standards. Parking spaces shall be clearly delineated on the site plan accompanying the application.

g.

Notification. The property owner shall ensure that all contracts, online listings, and advertisements clearly set forth the maximum number of overnight guests permitted at the property, and the maximum number on-site parking spaces. All occupants of the short-term rental shall be notified of these occupancy and parking standards and said standards shall be a part of any rental or lease agreement.

8.

Daytime Visitors. For each allowed overnight occupant permitted under this section, one (1) daytime visitor is allowed, up to a maximum of ten (10) daytime visitors. Additional on-site parking for all daytime visitors' vehicles, in addition to overnight occupants, must be provided at a rate of one (1) on-site parking space per two (2) daytime visitors.

9.

No Overnight Camping. A short-term rental administrative permit does not authorize any overnight camping, sleeping in tents, travel trailers, campers, or recreational vehicles. Recreational vehicles are permitted if they are the primary transportation for the renter or visitor, but they may not be used for overnight accommodations during the stay.

10.

Property Management. The short-term rental shall be managed and supervised in accordance with the following requirements and responsibilities:

a.

Property Manager. Short-term rentals must have a local property manager who is available 24-hours per day, seven (7) days per week during all times that the property is rented. For hosted stays, the resident host shall be the property manager. For un-hosted stays, the property manager may be the owner or a designee of the owner. The property manager must ensure compliance with all requirements set forth in this section, including the timely response (within thirty (30) minutes) to all complaints and their resolution. The name and contact information (address, text-enabled phone number, and email) of the property manager shall be provided on the permit application, posted inside the short- term rental and be available to any interested party upon request. Property managers shall provide Development Services with current contact information for identification on the Department of Development Services Short-Term Rentals registry website.

b.

Posting of Permit Standards. A copy of the short-term rental permit listing all applicable standards and limits, including the name, text-enabled phone number, and email of the property manager, shall be posted inside the rental property in a prominent interior location within six (6) feet of the front door. The applicable prohibitions, standards, and limits on occupancy shall be included.

c.

Disaster Preparedness. Property managers shall make community evacuation information and maps for the community where the short-term rental is located as provided by the Butte County Office of Emergency Management available to all guest customers. Applicable community evacuation information and maps shall be posted in a prominent interior location within six (6) feet of the front door.

d.

Right to Farm. Pursuant to Butte County Code Chapter 35, Right to Farm Ordinance, the County of Butte permits the operation of properly conducted agricultural operations on agricultural land within the unincorporated area of Butte County and residents or users of property located near an agricultural operation on agricultural land may at times be subject to inconvenience or discomfort arising from that operation. The County of Butte has determined in the Butte County Right to Farm Ordinance that inconvenience or discomfort arising from a properly conducted agricultural operation on agricultural land will not be considered a nuisance for purposes of the Butte County Code or County regulations, and that residents or users of nearby property should be prepared to accept such inconvenience or discomfort as a normal and necessary aspect of living in a county with a strong rural character and an active agricultural sector. Disclosure concerning the allowance of agricultural uses and operations, and the potential for short-term renters to experience inconveniences, shall be a part of all rental agreements and posted along with the permit standards in a prominent interior location within six (6) feet of the front door. This disclosure shall be approved in accordance with Butte County Code Section 35-8 at the time of Administrative Permit application.

e.

Neighbor Notification of Administrative Permit Standards. At the permit holder's expense, the Butte County Department of Development Services shall provide a mailed notice at the time of permit issuance to property owners within three hundred (300) feet of the subject parcel, and all property owners located on any non-county maintained private road serving the short-term rental. The notice shall include all applicable standards and limitations placed upon the short-term rental, the Butte County administrative permit number, and the County website that contains the official registry of each approved short-term rental. The official registry will include the property manager's name, text-enabled phone number, and email.

f.

Internet Posting and other Listings. All advertising, marketing, online hospitality services, or other types of listing for the short-term rental shall include the following information in accordance with the approved Administrative Permit:

1.

Maximum occupancy of rental, not including children under three (3) years of age;

2.

Maximum number of off-street vehicle parking spaces located on the property;

3.

Notification that quiet hours shall be observed between 10:00 p.m. and 7:00 a.m., Monday through Friday, and 10:00 p.m. and 9:00 a.m. on Saturdays, Sundays, and holidays;

4.

Notification that outdoor amplified sound is only allowed during specified non-quiet hours, and is subject to the Butte County Noise Control Ordinance;

5.

Notification that commercial activities and special events, including, but not limited to, weddings, receptions, and parties, are prohibited; and,

6.

The issued Butte County administrative permit number and the transient occupancy tax certificate number.

J.

Enforcement Process. This section contains its own enforcement process as set forth below. However, this process does not preclude other means of enforcement. Enforcement of this section may be in accordance with Butte County Code Section 24-5F., Enforcement, which may include, but not be limited to, the procedures as established in Butte County Code Section 1-7 (General Penalty, Continuing Violations), Chapter 32A (Abatement of Public Nuisances) and 41 (Code Enforcement Policies and Procedures), as well as any other procedures available in State or federal law. In no case shall the issuance of a courtesy notice or a warning notice pursuant to Section 41-2 be required for a code enforcement officer to issue a citation pursuant to this section.

1.

Three Strikes Revocation Rule. Three (3) verifiable administrative citations, violations, or hearing officer determinations concerning the permit requirements issued to the owner or occupants at the property within a 24-month period shall result in a notice to cease and desist operations and permit revocation. Revocation is subject to prior notice and to appeal, if requested within ten (10) days. In the event of permit revocation, an application to reestablish a short-term rental after revocation shall not be accepted for a minimum period of twenty-four (24) months.

a.

Prior to revocation under this section, at least two (2) of the verified complaints leading to a citation, violation or hearing officer determination shall be filed from separate households.

2.

Complaints. Complaints shall be sent by text message and/or email. Complaints about potential violations shall be directed to the host/property manager with a copy to the Department of Development Services. If the host/property manager corrects a violation upon request within thirty (30) minutes, the violation shall not be counted as a strike under the three (3) strikes revocation rule under this section. The host/property manager shall document the correction to the complainant, with a text or email copy provided to the Department of Development Services. If the host/property manager is unavailable or fails to correct a potential violation, the violation shall be counted as a strike. The Department of Development Services shall send notice of the strike to the host/property manager and give the host/property manager the opportunity to respond. The Department of Development Services shall evaluate any response and communicate its determination to the host/property manager. When three (3) strikes have been documented, the Department of Development Services shall schedule a revocation hearing to be heard by the Zoning Administrator.

3.

Increased Permit Fee Penalty for Non-Compliance. Any property that is determined to be advertised for use as a short-term rental without first obtaining the necessary administrative permit required under this section shall be issued a citation and a notice to cease and desist. A permit fee penalty of ten (10) times the regular application fee shall be applied to said property for future short-term rental administrative permit applications.

(Ord. No. 4159, § 1(Att. A), 3-26-19; Ord. No. 4175, § 2, 11-19-19; Ord. No. 4197, § 3, 7, 1-12-21)

A.

Purpose. This section establishes minimum standards and permit requirements for the storage of heavy equipment used by individual contractors/drivers for off-site commercial jobs.

B.

Location/Applicability. This section applies to the Very Low Density Residential Zones as shown under Article II (Zoning Districts, Land Uses, and Development Standards). The allowance of Heavy Equipment Storage for all other zones is set forth under Section 24-156 (Accessory Uses and Structures) and 24-173.2 (Heavy Equipment Storage in the RCR (Rural Country Residential) and FCR (Foothill Country Residential) Zones).

C.

Definition. Heavy Equipment Storage includes the storage of all heavy equipment with a manufacturer's gross weight of ten thousand (10,000) pounds or more.

D.

Permits Required.

1.

The storage of one (1) piece of heavy equipment in conjunction with a residence is a permitted use.

2.

The storage of two (2) to six (6) pieces of heavy equipment in conjunction with a residence requires the approval of an Administrative Permit.

3.

The storage of more than six (6) pieces of heavy equipment in conjunction with a residence requires the approval of a Minor Use Permit.

E.

Standards. All Heavy Equipment Storage sites shall comply with the following standards:

1.

The heavy equipment and vehicle storage area may not exceed one-half (½) acre in size where all vehicles shall be stored.

2.

The storage area shall be setback from property lines in accordance with the setbacks required for structures in the applicable zone.

3.

Heavy equipment may be stored and removed on a daily basis, subject to the hours of operation of 6:00 a.m. to 6:00 p.m., Monday-Friday, and 8:00 a.m. to 6:00 p.m. Saturdays, Sundays and Holidays

4.

All vehicles shall be screened from direct view through vegetation, or approved fencing/walls or other approved means.

5.

All vehicles must be operational and have a current license.

6.

No heavy mechanical work is allowed. Light maintenance such as fluid changes, tire changes, and other minor repairs are permitted.

7.

Inoperative vehicles are not permitted to be stored at the site.

8.

Vehicles shall not idle longer than five (5) minutes at the site prior to leaving or upon return.

9.

Access roads shall be sufficient to carry the equipment without sustaining undue damage to the roads.

10.

Mud, run-off, erosion, and drainage, shall be controlled at all times and contained on-site.

11.

Dust shall be mitigated during dry conditions.

12.

Storage of oil, gas, or other fluids/materials associated with the maintenance of heavy vehicles must comply with state law regulating the storage of hazardous materials.

13.

Storage of construction related material such as aggregate, sand, soil or debris is prohibited.

14.

Measures shall be taken to prevent leaks and spills. Any leaks and spills shall be immediately addressed.

(Ord. No. 4062, § 1, 9-10-13)

A.

Purpose. This section establishes minimum standards and permit requirements for the storage of heavy equipment used by individual contractors/drivers for off-site commercial jobs in conjunction with their primary residence. This section does not apply to heavy equipment and vehicles used primarily for on-site maintenance and/or on-site agricultural activities or heavy duty vehicles with an un-laden weight of less than ten thousand (10,000) lbs. that are used for primary transportation to and from a property either for private or commercial purposes. This section additionally does not apply to recreational vehicles or horse trailers.

B.

Location/Applicability. This section applies to the RCR (Rural Country Residential) and FCR (Foothill Country Residential) Zones as shown under Article II (Zoning Districts, Land Uses, and Development Standards). The allowance of Heavy Equipment Storage for all other zones is set forth under Section 24-173.1 (Heavy Equipment Storage in the VLDR (Very Low Density Residential) Zone and Section 24-156 (Accessory Uses and Structures).

C.

Definition. Heavy Equipment Storage as it applies to the RCR and FCR zones includes the storage of all heavy equipment such as graders, excavators, bulldozers, backhoes and similar equipment; heavy vehicles such as dump trucks, semi-tractor trailers, and similar vehicles. Configurations are defined as follows:

1.

One (1) piece of heavy equipment may be configured as one (1) truck without a trailer, one (1) truck and a single trailer (loaded or unloaded), or one (1) truck and two (2) trailers (loaded or unloaded).

2.

If heavy equipment that is intended for transportation on a trailer(s) is in an unloaded configuration (e.g. a backhoe parked on the ground), it is still counted as one (1) piece along with its related truck and trailer(s).

D.

Permits Required.

1.

For parcels less than or equal to ten (10) acres, the storage of up to two (2) pieces of heavy equipment in conjunction with a primary residence is a permitted use. The storage of greater than two (2) pieces of heavy equipment requires the approval of a Minor Use Permit.

2.

For parcels greater than ten (10) acres the storage of up to four (4) pieces of heavy equipment in conjunction with a primary residence is a permitted use. The storage of greater than four (4) pieces of heavy equipment requires the approval of a Minor Use Permit.

E.

Standards. All Heavy Equipment Storage sites shall comply with the following standards:

1.

The heavy equipment and vehicle storage area may not exceed one-half (½) acre in size where all vehicles shall be stored.

2.

The storage area shall be setback from property lines in accordance with the setbacks required for structures in the applicable zone.

3.

All heavy equipment vehicles shall be screened from direct view from any adjacent public or private right-of-way or private easement through vegetation, or approved fencing/walls or other approved means.

4.

No heavy mechanical work is allowed. Light maintenance such as fluid changes, tire changes, and other minor repairs are permitted.

5.

Inoperative vehicles are not permitted to be stored at the site.

6.

Heavy equipment vehicles shall not idle longer than five (5) minutes at the site prior to leaving or upon return.

7.

The Minor Use Permit shall require that all access roads are sufficient to carry the equipment without sustaining undue damage to the roads.

8.

The Minor Use Permit shall require that mud, run-off, erosion, and drainage, to be controlled at all times and contained on-site.

9.

Dust shall be mitigated during dry conditions.

10.

Storage of oil, gas, or other fluids/materials associated with the maintenance of heavy vehicles must comply with State law regulating the storage of hazardous materials.

11.

Commercial storage of construction related material such as aggregate, sand, soil or debris is prohibited.

12.

Measures shall be taken to prevent leaks and spills. Any leaks and spills shall be immediately addressed.

F.

Amortization of Heavy Equipment Storage Uses. All existing Heavy Equipment Storage uses that do not comply with the provisions of this chapter taking place in the RCR and FCR zones shall be amortized over a one (1) year period initiated upon adoption of this section. At the conclusion of the one (1) year period all non-complying Heavy Equipment Storage uses shall cease and desist and shall be removed, or a permit shall be obtained.

(Ord. No. 4062, § 1, 9-10-13)

A.

Permit Required. Except as specified in Subsection B (Temporary Uses Exempt from Permits), the establishment and operation of a temporary use shall require the approval of an Administrative Permit.

B.

Temporary Uses Exempt from Permits. The following temporary uses are permitted without the approval of an Administrative Permit:

1.

Garage sales in residential zones.

2.

Public emergency facilities established for the purposes of health and public safety during a declared emergency.

3.

Car washes when sponsored by a religious, educational, fraternal, or service organization directly engaged in civic or charitable efforts. Car washes shall be limited to two (2) days each month for each sponsoring organization.

4.

Public events and activities when conducted on public property as approved by the Board of Supervisors or its designees.

5.

Temporary construction yards that are located on-site, less than one (1) acre in size, and established in conjunction with an approved project or development permit. The construction yard shall be immediately removed within ten (10) days of completion of the construction project or expiration of the building permit.

C.

Temporary Uses Requiring Administrative Permits. The following temporary uses are permitted subject to issuance of an Administrative Permit upon a determination by the Zoning Administrator that the use is compatible with the applicable zone and surrounding uses:

1.

Seasonal sales (e.g., Christmas trees, pumpkins, strawberries, citrus crops) for a maximum of thirty (30) consecutive calendar days, no more than three (3) times per year on a single property. Seasonal sales shall not be permitted on any residentially-zoned property.

2.

Construction yards located off-site, or more than one (1) acre in size on-site, in conjunction with an approved project or development permit. The construction yard shall be immediately removed within ten (10) days of completion of the construction project or expiration of the building permit.

3.

A trailer or commercial modular unit used as a work site for employees of a business, for a maximum of twelve (12) months.

4.

A trailer or similar structure used as a classroom or office, for a maximum of twelve (12) months.

5.

A real estate office used exclusively for the sale of homes or other real estate for a maximum of three (3) years.

6.

Similar temporary activities determined by the Zoning Administrator to be compatible with the applicable zoning district and surrounding uses.

D.

Temporary Uses Requiring Minor Use Permits The following temporary uses are permitted subject to issuance of a Minor Use Permit upon a determination by the Zoning Administrator that the use is compatible with the applicable zone and surrounding uses:

1.

Farmer's markets, for a maximum of three (3) days per week.

2.

Community gardens where neighbors share a portion of an undeveloped parcel for the growing and harvesting of fruits and vegetables for personal use, not involving sales.

3.

Similar temporary activities determined by the Zoning Administrator to be compatible with the applicable zoning district and surrounding uses.

E.

Recreational Vehicle as Temporary Residences. Use of a recreational vehicle as a temporary dwelling unit shall be permitted during construction of a single-family residence or due to the rehabilitation of a single-family residence that has been damaged by fire, earthquake, tornado, other acts of nature, or that has been deemed condemned or uninhabitable by the County. The establishment of a temporary recreational vehicle as allowed by this section requires the approval of an Administrative Permit and shall comply with the following requirements:

1.

The applicant shall obtain the necessary permits from the Butte County Environmental Health Division for the recreational vehicle installation.

2.

The recreational vehicle may be placed for up to one (1) year from the date of issuance of the Administrative Permit. However, the Zoning Administrator may extend the Administrative Permit for a one (1) year period upon a demonstration of physical or financial hardship by the applicant.

3.

The occupant shall obtain a building permit for a residence.

4.

The occupant shall obtain a sewerage disposal permit from the Butte County Environmental Health Division, or proof of sewage service by a service provider.

5.

Within six (6) months of the date of the issuance of the building permit, the occupant shall complete the foundation, rough plumbing, framing, and the roof of the proposed residence.

6.

The house shall be completed within the two (2) year period and the use of the recreational vehicle as a temporary residence shall be discontinued after this period.

F.

Reserved.

G.

Additional Requirements. Temporary uses shall comply with the following additional requirements:

1.

Upon, or prior to, the expiration of temporary use approval, any temporary structures, and all appurtenances thereto, shall be removed from the property.

2.

The site shall be cleared of debris, litter, and other trash upon expiration of temporary use approval.

H.

Extensions. Extensions of the time period for the temporary use shall not be permitted, unless otherwise permitted under this chapter.

(Ord. No. 4062, § 1, 9-10-13; Ord. No. 4134, § 1(Att. A), 9-26-17; Ord. No. 4197, § 4, 1-12-21)

A.

Purpose. The purpose of this article is to regulate outdoor festivals as defined in section 24-174.1(B)(1). Such festivals are of a temporary nature and shall be subject to an administrative permit issued pursuant to this article. Regulation of temporary outdoor festivals is necessary to ensure that they are not unreasonably incompatible with, or injurious to, surrounding properties or detrimental to the health and general welfare of persons residing or working in the neighborhood, or to the general health, welfare and safety of the county.

B.

Definition.

1.

Outdoor Festival. For the purpose of this article, "outdoor festivals" shall mean any outdoor gathering which will include for three (3) hours or more one hundred (100) or more individuals for the purpose of participation in or otherwise attending a musical, theatrical or other type of event. An outdoor festival does not include any event conducted at parks, fairgrounds or other outdoor facilities improved with adequate permanent facilities to accommodate the anticipated participants and attendees, with the permission of the person or agency which has ownership or jurisdiction thereof; events of a type which are already permitted under an existing, valid use permit or are otherwise permitted within the applicable zoning district; or any festivities conducted under the auspices of a school district, recreation district, or a county memorial hall.

C.

Applicability. The provisions set forth under this section apply to all events meeting the definition of outdoor festivals in all zones.

D.

Exemption from Application Fee. Tax-exempt organizations as defined in section 501(c)(3) of the Internal Revenue Code shall be exempt from paying the application fee required by this article.

Previously permitted festivals held on established sites, as determined by the Department of Development Services based upon prior permits, are exempt from paying the application fee required by this article. This exemption may be used no more than five (5) times per calendar year.

E.

Permit Process. All outdoor festivals as described under this section require the approval of an administrative permit through the Department of Development Services. Outdoor Festival Administrative Permits are ministerial and are considered categorically exempt under section 15268(a) of the California Environmental Quality Act (CEQA). The administrative permit application shall include the following items:

1.

Applicant Information. The name, age, residence, mailing address and telephone number of the applicant. If the application is made by a partnership, the names and addresses of all general partners shall be included. If the applicant is a corporation, the application shall be signed by the president and attested to by the secretary thereof and shall contain the names and addresses of all corporate officers, and a certified copy of the articles of incorporation shall be attached to the application. The address and telephone number of the principal place of business of the applicant shall also be included in the application.

2.

Property Information. The location and legal description of the premises where the outdoor festival is proposed to be conducted, including all lands to be used for parking or other uses incidental to the outdoor activity. The applicant shall submit proof of ownership of said premises or the written consent of all owners thereof for the proposed use.

3.

Festival Duration. The date or dates and the hours during which the festival is to be conducted.

4.

Festival Attendance. An estimate of the maximum number of spectators, participants and other persons expected to attend the outdoor festival and each day it is conducted.

5.

Event Management Plan. A detailed explanation of the applicant's program and plans to provide security protection, water supply, food supply, sanitation facilities, medical facilities and services, vehicle parking space, vehicle access (including written permission of property owners on any privately maintained roads which will be utilized for ingress or egress) and on- and off-site traffic control, fire protection and use and control of public address systems. If it is proposed or expected that spectators or participants will remain at night or overnight, the arrangements for illuminating the premises and for camping or similar facilities shall also be explained. The applicant's plans to provide for numbers of individuals in excess of the estimate and provisions for cleanup of the premises and removal of rubbish after the festival has concluded shall be included.

6.

Hazard Management Plan. A detailed explanation of the applicant's plan for policing the activity with particular emphasis on the control and prevention of alcoholic and drug consumption, open fires, fireworks and firearms.

F.

Operation and Development Standards. Administrative permits for all outdoor festivals are subject to operation and development standards under this section. Sufficient information must be submitted with the application to determine compliance with these standards.

1.

Festival Management.

a.

Applicant shall provide a name and text-enabled phone number for an on-site contact available during the festival hours.

b.

Applicant shall provide sufficient onsite security personnel each possessing a valid California Department of Consumer Affairs Bureau of Security and Investigative Services Security Guard Registration.

c.

Amplified sound shall be limited 10:00 a.m. to 10:00 p.m. on Weekdays and 10:00 a.m. to 11:00 p.m. on Weekends.

2.

Public Health Department, Environmental Health Division.

a.

Applicant shall satisfy all environmental health requirements for community event organizer and vendor permits. Applicant is encouraged to consult with Environmental Health Consumer Protection staff as early in the event planning process as possible to ensure compliance with permit requirements. Applications must be submitted at least two (2) weeks prior to your event to ensure adequate time to contact and permit food vendors. Any vendors who have not been contacted/permitted may not operate at your event.

b.

Applicant shall provide documentation of the proposed source of potable water, including bacteriological and nitrate test results and verification of availability of adequate quantity of potable water if an onsite well is to be used. Provide information regarding handling of potable water, i.e. will portable containers be used for transportation of water, how containers will be cleaned and sanitized, etc. Inspection of water system may be required to verify source protection and adequacy of backflow prevention devices, if needed. Applicant shall supply the Environmental Health Division with a clean bacteriological sample taken from one of the hose-bibs drawing from that well as well as nitrate results indicating Maximum Contaminant Level (MCL) below 10mg/L.

c.

Applicant shall provide details regarding proposed management of solid waste, i.e. will a permitted solid waste hauler provide and remove dumpsters? Which vendor, how many dumpsters, etc. Applicant shall provide contact information for the contracted waste hauler. Site map shall show the location of waste/recycling receptacles.

d.

Applicant shall provide information regarding the number of portable toilet facilities and related hand washing stations. Applicant shall provide the Environmental Health Division with contact information for the contracted portable toilet supplier. Site map shall show the location of all portable toilets and hand-washing stations. Two (2) portable toilets up to first one hundred (100) people is suggested with one (1) portable toilet for each additional one hundred (100) individuals above that.

e.

Applicant shall provide information regarding proposed handling of wastewater generated from temporary food facilities and other activities to the satisfaction of the Environmental Health Division. Applicant shall outline how food vendors will dispose of any waste and/or wastewater generated from food preparation.

f.

Applicant shall provide a site map that includes all event facilities, location of food vendors, the location of all restrooms and portable toilet facilities, all hand washing stations, and all solid waste receptacles and dumpsters. Applicant may be required by other divisions to provide further information on site map.

3.

Butte County Public Works Department.

a.

The applicant shall contact Butte County Public Works to determine the necessity of temporary traffic control and/or encroachment permits for sign placement in the County's right-of-way.

b.

The applicant shall contact California Highway Patrol a minimum of two (2) weeks prior to the event to inform them of the event and hours of operation.

c.

The applicant shall contact Butte County Public Works to determine standards for the placement of fee attendant/parking kiosks, if required.

d.

The applicant shall contact Butte County Public Works to determine any other traffic management requirements.

4.

Butte County Fire.

a.

Outdoor assembly events are regulated by Section 3106 of the California Fire Code. Butte County Fire Department requires the applicant to submit detailed plans which include:

1.

Access for emergency equipment and parking areas, including any barriers such as portable fencing;

2.

Fire service features (water supply/hydrant locations);

3.

Expected attendance and exit routes;

4.

A Public Safety Plan (CFC 403.11.2) including contact information;

5.

A Vegetation Management Plan;

6.

Proposed cooking appliance or open flame use and how they will be protected;

7.

Proposed use, storage, or handling of any flammable or combustible liquids and locations;

8.

Liquified petroleum gas use and locations;

9.

Electrical equipment, generator location, and wiring layout;

10.

Portable fire extinguisher locations;

11.

Tents, temporary stage canopies, and/or membrane structure's location and size.

An inspection of the facility/event may be required and will be performed by CAL FIRE/Butte County Fire Department personnel. Further information may be obtained by contacting the Butte County Fire Marshall's Office.

5.

Risk Management.

a.

To the fullest extent permitted by law, festival operator shall hold harmless, defend at its own expense, and indemnity County of Butte, its officers, employees, agents and volunteers, against any and all liability, claims, losses, damages or expenses, including reasonable attorney fees, arising from all acts or omissions to act by festival operator or its officers, agents, or employees in rendering services under this contract, excluding, however, such liability, claims, losses, damages or expenses arising from County of Butte's sole negligence or willful acts

b.

Festival operator agrees to have and maintain the insurance policies set forth in "INSURANCE REQUIREMENTS FOR OUTDOOR FESTIVALS", available from the Development Services Department. All policies, endorsements and certificates shall be subject to approval of the County as to form and content. These requirements are subject to amendment or waiver only if so approved by the County. A lapse in any required insurance during this permit shall be a breach of the provisions of this permit, which could result in immediate revocation of the permit.

6.

Dust Control.

a.

Adequate dust control, in compliance with District Rule 200 - Nuisance and Rule 205 - Fugitive Dust, shall be provided. These rules are maintained by the Butte County Air Quality Management District.

7.

Butte Sheriff's Office. If the event is proposed to involve alcohol, applicant shall apply for an ABC license by contacting the local California ABC District Office and the Butte County Sheriff's Office.

F.

Permit Revocation or Modification. The procedures and requirements relating to effective dates, permit expiration, and changed plans are provided for under Butte County Code, Chapter 24, Division 8, Post-Decision Procedures.

(Ord. No. 4238, § 1, 2-27-24; Ord. No. 4239, § 1, 3-26-24)

A.

Purpose. This section establishes standards for the development and operation of winery and olive oil, fruit and nut, Micro-Brewery, and micro-distillery production facilities. The goals of this section are to:

1.

Encourage the establishment of winery, olive oil, fruit and nut, micro-brewery and micro-distillery production facilities as a viable economic activity in Butte County.

2.

Encourage the activities associated with winery, olive oil, fruit and nut, micro-brewery and micro-distillery production facilities that enable these operations to prosper, including providing tasting facilities for visitors and special events on-site.

3.

Encourage the tourism industry in Butte County by providing an additional destination activity.

4.

Establish standards for the operation of winery, olive oil, fruit and nut, micro-brewery and micro-distillery production facilities that will protect neighboring properties and the environment in general, and are appropriate based on the size and character of the operation under review.

5.

Encourage agricultural activities associated with the wine, olive oil, fruit and nut, micro-brewery and micro-distillery industries.

B.

Applicability. This section applies to all winery, olive oil, fruit and nut, micro-brewery and micro-distillery production facilities as defined in Article VII, Division 1 (Glossary).

C.

Types of Wine, Olive Oil, Fruit and Nut, Micro-Brewery and Micro-distillery Production Facilities. Types of wine, olive oil, fruit and nut, micro-brewery and micro-distillery production facilities permitted in Butte County and the permits they require are described in Table 24-175-1 (Permits Required for Wine, Olive Oil, Fruit and Nut, Micro-Brewery and Micro-Distillery Production Facilities).

Notes:

[1]

Very large micro-breweries and micro-distillers are not permitted. Micro-breweries and micro-distilleries subject to the requirements of this section shall produce less than 15,000 cases of beer or spirits per year.

D.

Use Regulations.

1.

Permitted Uses for All Facilities. The following uses shall be permitted as part of all types of facilities.

a.

Growing and harvesting grapes, olives, fruit and nuts, and other products suitable for wine, olive processing and other products.

b.

Milling, pressing, and bottling of grapes, olives, grape products, and olive products produced on and off the premises.

c.

Micro-distillation of products grown on and off-site.

d.

Sale of wine, beer, spirits, olive oil, fruit and nut products for consumption off premises whether grown or produced on premises or off.

e.

Sale of merchandise related to wine, olive oil, or the facility.

f.

Wine, olive oil, fruit and nut tasting involving serving wine, olive oil, fruit and nut products to the public for the purpose of sampling.

2.

Additional Use Regulations.

a.

Restaurants shall be permitted as an accessory use with the approval of a Conditional Use Permit for large, very large, and industrial facilities.

b.

Processing and bottling of grapes, grape products, fruit and nuts, olives, and olive products produced off the facility premises are permitted for industrial facilities.

E.

Development Standards.

1.

Parcel Size.

a.

The minimum parcel size for small, large, and very large facilities shall be 3 acres.

b.

There shall be no minimum parcel size for industrial facilities.

2.

Signage. All signage associated with a winery shall be consistent with the requirements provided in Article III, Division 10 (Signs).

3.

Parking and Access. On-site parking will be provided for in accordance with the "Wineries and Olive Oil, Fruit and Nut, Micro-Brewery and Micro-Distillery" category under Article III, Division 9 (Parking and Loading).

F.

Operational Standards.

1.

License Required.

a.

Small, large, and very large facilities producing wine shall be licensed by State of California Department of Alcohol Beverage Control, license "Type 02, Winegrower."

b.

Industrial facilities producing wine shall be licensed by State of California Department of Alcohol Beverage Control.

c.

Micro-breweries producing beer shall be licensed by the State of California Department of Alcohol Beverage Control, license "Type 23, Small Beer Manufacturer."

d.

Micro-distilleries producing distilled spirits shall be licensed by State of California Department of Alcohol Beverage Control, license "Type 04, Distilled Spirits Manufacturer."

2.

Wine Production Reports. The operator or land owner of a winery shall provide the Department of Development Services with copies of its wine production reports submitted to the Bureau of Alcohol, Tobacco, and Firearms or other similar agency.

3.

Beer Production Reports. The operator or land owner of a micro-brewery shall provide the Department of Development Services with copies of its beer production reports submitted to the Bureau of Alcohol, Tobacco, and Firearms or other similar agency.

4.

Alcoholic Beverage Production Reports. The operator or land owner of a micro-distillery shall provide the Department of Development Services with copies of its distilled beverage production reports submitted to the Alcohol and Tobacco Tax and Trade Bureau (TTB) or any other similar federal agency.

5.

Tour Buses and Vans. Tour buses are allowed to visit large, very large, and industrial facilities. Tour buses are prohibited from visiting small facilities, unless a Minor Use Permit is approved to tour bus visits. Tour vans are permitted to visit small facilities. Tour buses and vans shall not idle more than ten (10) minutes per hour on-site, so as to minimize noise and air quality impacts to the area. Tour buses and vans shall be provided with adequate off-street parking and turn-around areas.

6.

Frequency of Wine and Olive Oil Tasting. Wine and olive oil tasting shall be limited to three (3) days per week for small facilities. More frequent tasting may be allowed at small facilities with the approval of a Minor Use Permit. There shall be no limit to the frequency of tasting for all other types of facilities.

7.

Outdoor Amplified Music. Outdoor Amplified music used in conjunction with special events shall only be permitted with the approval of a Minor Use Permit. The Minor Use Permit will include a specific event time, duration, and shall not allow exceeding sixty (60) decibels (maximum) as measured at the nearest property line. Amplified music shall only be allowed between the hours of 10:00 a.m. to 7:00 p.m.

8.

Special Events.

a.

Special events, such as weddings, dances, assemblies and craft fairs, are permitted in all facilities subject to the permit standards contained in Table 24-175-1 and all other operational and development standards in this section.

b.

All special events shall require a separate Minor Use Permit for the first event and an Administrative Permit for each subsequent similar event. The permit for the special event shall specify the date of the event, the hours of operation, the maximum permitted number of guests and shall include any other conditions of approval determined necessary by the approving authority.

c.

Hours of operation shall not exceed a maximum of twelve (12) hours per day.

d.

No more than one hundred (100) people may be present at any one (1) time at small facilities. No more than two hundred (200) people may be present at any one (1) time as part of a special event at large, very large, or industrial facilities.

e.

No more than six (6) special events per calendar year are allowed at small facilities. No more than twelve (12) special events per calendar year are allowed at large facilities. There shall be no limit to the frequency of special events at very large facilities and industrial facilities.

9.

Parking. On-site parking will be provided for in accordance with the "Special Events" category under Article III, Division 9 (Parking and Loading). The required parking shall be regulated under the Minor Use Permit or Administrative Permit.

(Ord. No. 4062, § 1, 9-10-13)

A.

Purpose. This section establishes a permit process and standards for the development and operation of special event facilities accessory to an owner's primary residence, or manager's residence if the manager is responsible for running the special event facility, applicable to the zones identified below. These provisions are necessary to reduce impacts to surrounding properties so that special event facilities do not result in an incompatible land use.

B.

Definitions.

1.

Special Event. A Special Event is a celebration, ceremony, wedding, reception, corporate function, or similar activity for the benefit of someone other than the property owner that takes place on a periodic basis, involving the gathering of individuals assembled for the common purpose of attending a special event. Uses that are accessory to a single-family residential use including private parties, gatherings, and similar activities that are not subject to a use agreement between a private individual or group and the homeowner are not defined as a special event and are not regulated under this section.

2.

Special Event Facility. A Special Event Facility is a facility where special events are permitted to occur under this section. Special event facilities are subject to a use agreement between a private group or individual and the facility owner. The facility owner may or may not charge a fee for the use of the facility such as for a fundraiser for a charitable non-profit organization. Facilities may operate entirely within a structure, outside of a structure, or both inside and outside a structure. Facilities must include improvements to accommodate special events, including access and circulation improvements, parking areas, water supplies and sewer systems, gathering areas, and other physical improvements necessary to accommodate special events.

C.

Applicability. The provisions set forth under this section apply in the AG (Agriculture), TM (Timber Mountain), RR (Rural Residential), FR (Foothill Residential), and VLDR (Very Low Density Residential) zones. This section does not apply to the special event permit process provided for under Section 24-175, Winery, Olive Oil, Fruit and Nut, Micro-Brewery and Micro-Distillery Production Facilities, including facilities permitted under County Ordinance No. 3815, Section 1 (Wineries), or Chapter 12, Article III, Outdoor Festivals.

D.

Exemptions. The following activities shall be exempt from the provisions of this section:

1.

Temporary Activities. Temporary activities defined under Section 24-174.

2.

Accessory Uses. Uses that are accessory to a single-family residential use including private parties, gatherings, and similar activities that are not subject to a use agreement between a private individual or group and the homeowner.

3.

Religious Facilities, as defined under the Zoning Ordinance.

4.

Parks and Recreational Facilities, as defined under the Zoning Ordinance.

E.

Permit Process. All Special Event Facilities as described under this section require the approval of a Minor Use Permit. The Minor Use Permit application shall include a detailed plot plan, description of all uses, an exhibit map showing the location and distance of the facility to the closest surrounding sensitive receptors such as single family residences and other housing types, and shall comply with the Special Event Facility Standards set forth under this chapter. The applicant shall submit a deposit in an amount necessary for the County to undertake a noise study and/or traffic and circulation study that will be completed in compliance with the California Environmental Quality Act (CEQA).

F.

Special Event Facility Standards. Special event facilities are subject to the following operation and development standards at all times:

1.

Event Management Plan. Owner/operator shall maintain an event management plan that includes but is not limited to all applicable conditions of approval, approved Use Permit and plot plan, traffic management plan, exhibit map showing all closest surrounding sensitive receptors, and all other operational limitations. A copy of the event management plan shall be provided to the Department of Development Services and must be available for on-site inspection at all times.

2.

Noise Control.

a.

Noise Standards shall be regulated in accordance with Chapter 41.A Noise Control.

b.

The County may conduct field-testing to verify noise levels, or the County may require the operator to hire an acoustical consultant to conduct field-testing. For evaluating conformance with the standards of this section, noise levels shall be measured in accordance with Chapter 41A. Noise Control.

3.

Traffic and Circulation. The Minor Use Permit shall include a traffic management plan. The traffic management plan shall be approved for traffic safety by the Department of Public Works. The traffic management plan shall include the following requirements and standards:

a.

Approved access conforming to County improvement standards as determined by the Department of Public Works.

b.

Adequate ingress and egress shall be provided for all emergency vehicles to the satisfaction of the Butte County Fire Department and Public Works Department.

c.

The event site access connection to a County maintained road shall meet the minimum requirements as identified in the County Improvement Standards as determined by the Department of Public Works.

d.

A traffic control plan to ensure an orderly and safe arrival, parking, and departure of all vehicles and to ensure that traffic will not back-up or block private easements, county roads, intersections, or private driveways.

e.

A parking attendant(s) shall direct traffic into the facility and towards available parking during the arrival of guests. Attendants shall direct traffic leaving the facility at the conclusion of the event.

f.

The location of all temporary direction signs on driveway entrance and within parking lots to ensure orderly flow of traffic. Temporary directional signs shall be placed prior to all events and promptly removed at the conclusion of the event.

4.

Operational Limitations. The following operational limitations apply to all Special Event Facilities:

a.

Special Event facilities shall be operated accessory to the owner's primary residence or manager's residence if the manager is responsible for running the special event facility. No Special Events Facility shall be permitted where no residential use exists on the property.

b.

No special event facility shall be allowed to exceed an attendance level of five hundred (500) people, or last longer than two (2) days, not including set-up and take down.

c.

The special event duration shall not exceed twelve (12) hours per day, within an operational period limited to the hours of 7:00 a.m. to 10:00 p.m., except on Saturdays and Sundays, which are limited to a 9:00 a.m. start time.

5.

Public Health. Special Event Facilities shall provide a potable domestic water supply and an on-site sewage disposal or sewer service connection necessary to accommodate all special events to the satisfaction of the Public Health Department.

6.

Setbacks. The following setbacks shall be maintained at all times:

a.

No event facilities shall be located closer than thirty (30) feet from a property line, unless a greater distance is required under the zone or a greater distance is identified as being necessary under the minor use permit to ensure compatibility with surrounding sensitive receptors.

b.

All temporary structures such as tents, stages and dance floors shall abide by all setbacks, and their use must be identified on the plot plan.

7.

Lighting. All lighting shall comply with the following requirements:

a.

All outdoor lighting associated with the special event shall be turned off by 11:00 p.m. Parking lot lighting may remain on for a longer period if specified under the minor use permit.

b.

Outdoor Lighting Shall Comply With Article 14. Outdoor Lighting in order to reduce light trespass and glare. Outdoor lighting shall be located, adequately shielded, and directed such that no direct light falls outside the property line, or into the public right-of-way.

8.

Signage. All signage shall comply with the following requirements:

a.

One (1) sign up to twenty-four (24) square feet is permitted per facility, subject to the General Standards for signs set forth under Section 24-104.

b.

Temporary directional signage is allowed during event activities as well as to slow traffic if placed outside of the county right-of-way.

c.

The sign shall be a wall-mount or monument style, and shall not be internally illuminated or electronic but may be indirectly illuminated.

9.

Dust Control. Fugitive dust shall be minimized by reducing vehicle speeds on driveways and parking areas and, during visibly dry conditions, the application of water or other approved dust palliative.

10.

Parking. On-site parking shall be provided in accordance with the "Special Events" category under Article 19 (Parking and Loading): One (1) space per four (4) seats or one (1) space for every four (4) persons based upon maximum building occupancy, whichever is greater. Parking shall also be in accordance with Section 24-94(B), Parking for Persons with Disabilities.

11.

Neighbor Notification. Notification to neighbors of event scheduling shall be accomplished as follows:

a.

In lieu of the three hundred-foot notification required under Section 24-259(B)(1)(c) the Department of Development Services shall provide the mailed notification to all owners of real property within one thousand two hundred (1,200) feet of the exterior boundaries of the parcel that is subject to the hearing, thirty (30) days prior to the date of a hearing to consider a minor use permit.

G.

Development Standards Applicable to the Agriculture (AG) Zone. In addition to the Special Event Facility Standards as set forth under this chapter, the following additional standards shall apply to the Agriculture (AG) Zone:

1.

Special event facilities in the Agriculture (AG) zone shall be accessory to the agricultural use and the owner's, or manager's residence, if the manager is responsible for running the special event facility. No Special Events Facility shall be permitted where no residential use exists on the property.

2.

Special event facilities are permitted in Agriculture (AG) zones only when not requiring new permanent improvements and when not interfering with agricultural operations.

3.

Special event facilities shall not convert agricultural land to an alternative use for the purpose of developing or expanding a special event facility.

4.

Special event facilities shall be reviewed for compliance with any applicable Williamson Act Contract.

5.

An Agricultural Maintenance Plan shall be submitted in accordance with Section 24-13(B).

6.

Special Event Facilities are not permitted on parcels that are less than ten (10) acres in size.

7.

Owner shall sign a declaration acknowledging the right-to-farm pursuant to Chapter 35 (Protection of Agricultural Land) indicating that facilities may be subject to inconveniences related to agricultural activities taking place on adjacent properties.

H.

Permit Revocation or Modification. Any permit may be revoked, or conditions of the approval modified, as provided for under Section 24-251.

I.

Complaints. Any person making a complaint relating to this section must file a complaint form provided by the Department of Development Services.

J.

Findings. The following factors shall be assessed in the processing and review of a minor use permit application pursuant to this section. No minor use permit application shall be granted unless the review authority finds that the special event facility, as approved:

(1)

Complies with the standards and operational limitations set-forth under this section, and,

(2)

Will not be incompatible with surrounding land uses:

1.

The design of the special events facility in terms of its physical and operating characteristics.

2.

The intensity of the use proposed and density of the surrounding area, including the size of the parcel proposed for the special event facility and the size of surrounding parcels.

3.

The distance to surrounding sensitive receptors, including residences, from the special event facility.

4.

The type of sound generated by the special event facility and whether the facility includes an allowance for amplified music, non-amplified music or no music, and the location where amplified and non-amplified music may take place.

5.

The location of noise producing activities such as stages, party areas, speakers, temporary tents, and dance floors, including whether such activities may take place entirely within enclosed structures, partially enclosed structures, or in outdoor areas and their proximity to surrounding sensitive receptors.

6.

The allowed number of events per year, frequency of events, and allowed number of guests that may occupy the site at any given time.

(Ord. No. 4093, § 1, 3-24-15)

This article establishes standards for the placement and design of wireless telecommunication facilities. These standards are intended to:

A.

Allow reasonable opportunities for wireless communication providers to provide such services to the community in a safe, effective, and efficient manner.

B.

Encourage the location of new monopoles, towers, antennas, and broadband associated ground-mount antennas in non-residential areas, thereby discouraging the need for such facilities in residential areas.

C.

Minimize the total number of antennas throughout the county.

D.

Encourage co-location of facilities at appropriate new and existing monopoles, towers, and antenna sites.

E.

Encourage wireless telecommunication providers to locate new monopoles, towers, and antennas in areas that minimize adverse impact on agriculture and air navigation.

F.

Require wireless communication providers to design and configure wireless communication facilities in a way that minimizes adverse visual impacts.

G.

Protect the public's interest in the safe operation of emergency services such as air ambulance, medical and emergency evacuation, firefighting, law enforcement, search and rescue, vector control, and resource management.

(Ord. No. 4062, § 1, 9-10-13; Ord. No. 4227, § 1, 1-24-23)

A.

This article applies to all commercial wireless telecommunications facilities for the transmission or reception of wireless telephone, radio, television, and other telecommunication signals.

B.

Facilities subject to these standards include all equipment and network components such as towers, utility poles, transmitters, base stations, and emergency power systems that are integral to providing wireless telecommunications services.

(Ord. No. 4062, § 1, 9-10-13)

The following facilities are exempt from the standards in this article if all identified standards are met:

A.

Two-way radio communications systems operated only as an internal business or household communications system that are not made available to third parties, subject to the maximum height requirements as set forth in Section 24-181.8 (General Requirements) or no greater than fifty (50) feet in height.

B.

Privately operated noncommercial facilities attendant to a residential, noncommercial use, including amateur radio facilities no greater than sixty-five (65) feet in height.

C.

Noncommercial television receiving antennas, subject to the maximum height requirements for the zone, as set forth in Section 24-181.B (General Requirements) or no greater than fifty (50) feet in height.

D.

Satellite dish (television receive only) antennas no greater than two (2) meters in diameter which are used for noncommercial purposes by the user, providing all such facilities are exempt from demonstrating radio-frequency emission compliance from Federal Communications Commission (FCC) regulation. This exemption only applies to facilities categorically exempt from FCC regulation, and does not apply to facilities operated, leased to, or used by common carriers, or wireless communications providers, or personal communications systems (PCS) providers, or cellular communications providers or specialized mobile radio (SMR) communications providers, or television and radio broadcast facilities.

E.

Temporary wireless telecommunication facilities providing public information coverage of a news event. Mobile facilities providing public information coverage of news events may be set up on public or private property for a duration of up to seventy-two (72) hours.

F.

Government-owned communications facilities utilized for a public purpose.

G.

Facilities exempted under federal or State law.

H.

Facilities erected and operated for emergency situations which are approved in writing in advance of installation by the Zoning Administrator. Uses of such facilities shall not exceed two (2) weeks, unless an extension is granted in writing by the Zoning Administrator.

I.

Personal wireless Internet equipment, such as a wireless router, that complies with all applicable FCC regulations.

J.

Personal handheld and portable wireless devices, such as mobile phones, smart phones, computer tablets and readers, cordless phones, personal digital assistants (PDAs), and wireless headphones that comply with all applicable FCC regulations.

K.

Repair or replacement of a lawfully established existing facility, so long as the repair or replacement does not involve modifications to the facility which add height, change the appearance in a visually or physically obtrusive manner, or increase its effective radiated power. Other modifications which exceed this exemption but which do not constitute a substantial change are not exempt and shall be processed pursuant to Subsection 24-179 B.3.

(Ord. No. 4062, § 1, 9-10-13; Ord. No. 4227, § 2, 1-24-23)

A.

Permits required for telecommunication facilities shall be as specified in Table 24-179-1 (Permits Required for Telecommunication Facilities).

[1] See section 24-185
[2] See section 24-183 C

B.

Special Permit Requirements.

1.

Excluding collocated facilities that comply with the standards in Section 24-184 (Co-Location Facilities), a Conditional Use Permit shall be required for telecommunication facilities located within a residential zone, within one thousand (1,000) feet of a residential zone, or within the Airport (AIR) zone. To approve the Conditional Use Permit, the Planning Commission shall make the following findings in addition to the findings in Article V, Division 5 (Conditional Use and Minor Use Permits) to approve the permit:

a.

No feasible alternative site exists; and

b.

The applicant has demonstrated that there is a significant gap in its ability to provide wireless communications service, and the placement of this facility is the least intrusive means to close the significant gap based on county regulations.

2.

The burden of proof shall be on the applicant to establish the findings in Subsection 1. above.

3.

A modification of an existing facility that exceeds what is exempt pursuant to Subsection 24-178 K but does not constitute a substantial change to the facility pursuant to 47 C.F.R. §1.6100 does not require a permit, but does require that the applicant submit an application pursuant to Section 24-180 (Application submittal and review) [Subsections A.11., 12., 13., 15., 17., and 23. are not required, and, if the change does not involve ground equipment or work on the ground, the response to subsection A 8 may be "No ground work"] along with supporting documentation that demonstrates that the proposed modification does not constitute a substantial change in the physical dimensions of the facility. To qualify as an existing facility, the facility must have been reviewed and approved pursuant to Article 26 (Telecommunication Facilities) of the Zoning Ordinance or have been lawfully established pursuant to previous zoning regulations or lawfully established prior to any requirements in the Zoning Ordinance governing such facilities. If the application and documentation demonstrate that the facility is an existing facility and the modification does not constitute a substantial change, the application shall be approved within sixty (60) days. If not, a letter specifying why the application is incomplete shall be sent within thirty (30) days of receipt of the application. The applicant and the County may mutually toll the 60-day period to allow the applicant to provide the information required. When the applicant provides the information, the 60-day review period begins running again. If previously identified required information was not provided, an additional letter specifying why the application remains incomplete shall be sent within ten (10) days. When the applicant provides the information, the 60-day review period begins running again. If the application is not approved or denied within the required timelines, this inaction shall constitute a deemed approval of the application after the applicant has informed the County that the review period has expired.

Substantial change, as defined in 47 C.F.R. §1.6100(B)(7), occurs when increases in height exceed certain limits: for monopoles or towers, greater than ten (10) percent or the height of one (1) additional antenna array separated from the nearest antenna array by not more than twenty (20) feet, whichever is greater, and for other structures, greater than ten (10) percent or ten (10) feet, whichever is greater; and when increases in horizontal attachments exceed certain limits: for monopoles or towers, protruding from the edge of the monopole or tower more than twenty (20) feet or the width of the monopole or tower at the attachment, whichever is greater, and for other structures, protruding from the edge of the structure more than six (6) feet; and when more than four (4) equipment cabinets will be installed; and when there is any excavation or deployment outside of the current site; and when the change would defeat the concealment elements of the structure; and when the change does not comply with the conditions of approval for any structure, aside from the allowances for height, width, ground equipment, and/or excavation or deployment outside of the current site listed above. The applicant has the burden to prove that the proposed change is not a substantial change.

(Ord. No. 4062, § 1, 9-10-13; Ord. No. 4227, § 3, 1-24-23)

A.

Applications for approval of a telecommunication facility shall specify which reasonable time period discussed in Subsection E below applies and include all materials and information required for the permit (e.g., Conditional Use Permit) plus the following information:

1.

A narrative description of the proposed facility, including the type of facility being requested.

2.

A description of the type of technology and consumer services the provider will provide to its customers.

3.

A description of the number, size, material, and color of antennas.

4.

A description of the number of arrays by elevation at which antennas may be located; which arrays the applicant's antennas will occupy; and the remaining arrays for colocation.

5.

A statement specifying facility height from natural grade to the top of the proposed facility.

6.

A description of any proposed support equipment, including towers or other structures necessary to support or house the facility.

7.

A description of the types, quantities, and locations of hazardous materials to be handled on-site.

8.

Landscaping and painting plans for the proposed facility.

9.

A site location map, including horizontal and vertical location coordinates, that shows the area on the property that will be occupied, screened, and secured.

10.

Elevations of the facility and any accessory buildings, including building height and other physical dimensions, drawn to graphic scale.

11.

A visual impact assessment, photomontages, or mock-ups as required by the Zoning Administrator or Planning Commission. The assessment shall identify any proposed trimming of vegetation that will be required for the normal operation of the facility.

12.

For facilities within a residential zone, within one thousand (1,000) feet of a residential zone, or within the AIR zone, the applicant shall identify all antennas owned and/or operated by wireless service providers within two (2) miles of the proposed facility and evaluate these properties as alternative sites. In addition, the applicant shall prepare a discussion of and supporting information regarding the alternative site selection of at least three (3) additional alternative sites, if available, including co-location opportunities, and a statement as to why these alternative sites or co-location opportunities were rejected.

13.

A complete service area map showing the entire wireless communications network of the providers three (3) miles in all directions from the proposed site for the time period from the filing of the application to twelve (12) months from the filing of the application, for the purpose of visually aiding cumulative environmental analysis, with and without the proposed facility or facilities, showing all hand-off sites within the specified area.

14.

RFR/EMF and wattage output data, including the number of channels.

15.

A graphic depiction of the search ring and all other technical criteria used in determining the proposed facility location.

16.

Documentation which identifies failure characteristics of the facility structure or tower and demonstrates that the site and setbacks are of adequate size to contain falling debris.

17.

Written evidence demonstrating that the selected facility structure or tower design is as visually unobtrusive as possible, given technical and engineering considerations. Submitted evidence shall indicate what type of facility is required to provide reasonably effective service and also the best technology and construction available to maximally achieve visual unobtrusiveness.

18.

Applicants which operate common carrier facilities (specifically, but not limited to, cellular, PCS, SMR, and paging service licensees of the FCC) shall provide written evidence that the applicant has provided notice to all FCC licensed wireless communications service carriers operating within the County of Butte of the plans to develop the site.

19.

Evidence of a valid, current operating license or construction permit from the FCC or, if the applicant is not a wireless communications service provider, a user operating agreement for each and every such provider to which the applicant intends to rent space on the proposed facility.

20.

A report, signed by a qualified radio frequency engineer licensed by the State of California, prepared pursuant to FCC OET 65, stating whether the maximum radio frequency radiation/electromagnetic frequency radiation (RF/EMF) to be emitted by the proposed facility, taking into account all other facilities, both existing and known future facilities, at the proposed site and adjacent properties, conforms to safety standards adopted by the FCC, if applicable. The reports prepared for facilities shall conform to the reporting requirements set by the County and FCC OET 65 human exposure standards. The report shall also analyze the evidence provided in support of the proposed facility location, height and radiated power, frequency, the number of channels, and all other related data and present alternatives for the location, height, and radiated power, pursuant to the requirements of this section. If the proposed facility exceeds FCC OET 65 human exposure standards, the applicant shall also provide additional comprehensive technical and planning information regarding how the applicant shall protect all persons from excessive exposure consistent with all federal and State requirements, and any additional County requirements.

21.

A narrative describing the anticipated maintenance and monitoring program for the structure, antennas, equipment, shelters and cabinets, landscaping, and security features.

22.

A narrative describing manufacturer's specifications for all equipment such as air conditioners and generators that identifies the equipment's noise rating, as well as a depiction of how close the equipment will be to adjoining properties. The narrative shall demonstrate that noise shall not exceed the limits set forth in the Zoning Ordinance.

23.

A letter from both the applicant and the property owner stating their willingness to allow other wireless service providers to colocate on the facility, as well as how many colocations will be allowed on the facility.

B.

Projects in agriculture zones shall, prior to submitting an application for a proposed facility, submit a site plan of the proposed facility to the Butte County Agricultural Commissioner for comment and send a notification letter to all aerial agricultural applicators registered in the county informing them of the proposed site location and tower height. No hearing on an application for a proposed facility in any agriculture zone will be scheduled, nor shall any permit for any such facility be issued without proof that the Butte County Agricultural Commissioner and all aerial agricultural applicators registered in the county have been notified, as specified above.

C.

All applications for facilities that are proposed to be located within the boundaries of any comprehensive airport land use plan or airport area of influence, as adopted or designated by the Butte County Airport Land Use Commission, shall be submitted to the Department of Development Services, and a copy submitted to the Butte County Airport Land Use Commission for review regarding consistency with adopted comprehensive airport land use plans and for recommendations addressing potential impacts to air navigation within the airport area of influence.

D.

The County may, at its sole discretion and at the applicant's sole expense, retain an independent consultant to review either individual elements of or the entire application and advise the County.

E.

Pursuant to Government Code section 65964.1, the State Legislature has declared that wireless telecommunications facilities are a matter of statewide concern. The Legislature has determined that a county may still make decisions regarding placement, construction, and modification of wireless telecommunications facilities.

In making such decisions, the County shall approve or disapprove an application within a reasonable period of time as established by applicable FCC rules (47 C.F.R. §1.6003), i.e., for small wireless facilities as defined in 47 C.F.R. §1.6002, sixty (60) days for colocations and ninety (90) days for new structures, and for other facilities, ninety (90) days for colocations and one hundred fifty (150) days for new structures. The time periods may be tolled when an applicant is timely informed the application is materially incomplete by specifically identifying the missing documents or information and the specific rule or regulation requiring them to be submitted. Timely informed means within ten (10) days for an initial application for a small wireless facility, within thirty (30) days for other facilities, and within ten (10) days for subsequent notices after a resubmittal for all facilities.

When the required materials are initially resubmitted for a small wireless facility, the reasonable time period restarts at zero; for other facilities and subsequent resubmittals for all facilities, the days between the date after the notification is sent and the date the required materials are resubmitted are not counted, i.e., if the notification is sent on day 9, the day the required materials are resubmitted is day 10. The failure to make a timely decision may be a deemed approval of the application if the applicant has provided all required public notices and the applicant has provided notice that the reasonable time period has lapsed and the application is deemed approved. The reasonable time period begins to run when the applicant makes the first required submission.

This subsection does not apply to modifications which do not constitute a substantial change which shall be processed pursuant to Subsection 24-179 B.3.

(Ord. No. 4062, § 1, 9-10-13; Ord. No. 4227, § 4, 1-24-23)

A.

Setbacks.

1.

Except when specifically allowed below, all new telecommunication facilities shall be located on a parcel so that the distance from the base of the facility to the parcel boundary is equal to or greater than the height of the facility.

2.

In the agriculture zones (AG, AS), the Zoning Administrator (for Administrative and Minor Use Permits), and the Planning Commission (for Conditional Use Permits, and appeals) may approve a reduced setback requirement if:

a.

The facility is located adjacent to an existing structure such as a barn, rice dryer, or other existing facility such that the facility will blend with the surrounding area; or

b.

Adjacent property owners consent in writing to a reduced distance, no less than the minimum setback required by the applicable zone. Additional setback modifications may be permitted, as described in Subsection 3. below.

3.

Minimum setbacks for telecommunication facilities that are within a non-residential zone and located more than one thousand (1,000) feet from any residential zone or existing legally established residential dwellings may be reduced as part of the permit for the facility. To approve the reduced setback, the review authority shall find that:

a.

Setback distances for the facility are greater than or equal to setbacks for primary structures in the applicable district, or a minimum of twenty (20) feet, whichever is greater;

b.

The facility is not located within the Scenic Highway (-SH) overlay zone;

c.

The facility is not located within five hundred (500) feet of any building or feature located on a local or State historic or cultural significance list;

d.

The facility is compatible and consistent with any applicable adopted airport land use plan, and the facility would not interfere with agricultural aircraft operations;

e.

The facility does not create a hazardous condition to the general health, safety, or welfare; and

f.

Modifications of setback standards would not interfere with other standards or requirements addressed within the Zoning Ordinance.

4.

Minimum setbacks for telecommunication facilities that are within a non-residential zone and located between three hundred (300) and one thousand (1,000) feet from any residential zone or existing legally established residential dwellings may be reduced with approval of a Minor Use Permit or Conditional Use Permit in the case of the Airport (AIR) zone. To approve the reduced setback, the review authority shaft find that:

a.

All findings specified in Subsection 3. above can be made;

b.

All lighting on the proposed facility, including identification or warning lights required by the FAA or other public agency, is oriented so as to not directly illuminate any residential use on the ground, providing that such orientation/shielding complies with FAA or other federal or state agency requirements;

c.

The facility is aesthetically and architecturally compatible with the surrounding environment. The new pole facility shall incorporate slim-line technology, stealth camouflaging features, or neutral colors;

d.

Associated support buildings are designed to architecturally match the exterior of buildings in the surrounding area.

B.

Height.

1.

The maximum height for telecommunication facilities in all zones shall be one hundred (100) feet, except in Commercial and Industrial zones where it shall be one hundred fifty (150) feet. The review authority may approve additional height based upon justifiable need. The height of a telecommunication facility shall be measured from the natural, undisturbed ground surface below the center of the base of the monopole or tower to the top of the monopole or tower itself or, if higher, the tip of the highest antenna or piece of equipment attached thereto.

2.

Facilities shall use the best available technology and construction to achieve maximal visual unobtrusiveness.

3.

Telecommunication facilities may exceed the allowed height for the applicable zone in accordance with Subsection B.1. above.

4.

A roof-mounted wireless telecommunication facility shall be no more than fifteen (15) feet taller than the roof of the structure on which it is mounted.

C.

Building and Electrical Codes.

1.

Telecommunication facilities shall comply with all applicable building and electrical codes.

2.

All facility operators shall submit certification from a registered structural engineer to the building division that all associated monopoles and towers in excess of thirty (30) feet in height will withstand sustained winds as required by the California Building Code.

D.

Utility Pole Mounted or Power Transmission Tower Mounted Facilities.

1.

Facilities mounted on an existing utility pole or transmission tower are not subject to setbacks.

2.

Facilities mounted on an existing utility pole or transmission tower may increase overall height pursuant to Subsection 24-179 B.3. or by up to twenty (20) percent of the existing facility's total height through the approval of a Minor Use Permit.

E.

Advertising. No advertising or commercial display is permitted on any telecommunication facility.

F.

Sewage Disposal. The placement of any antenna shall not adversely affect any on-site sewage disposal system or its repair area without written approval from the Division of Environmental Health.

G.

Deed Restrictions. The installation of a facility shall not violate any existing deed restrictions.

H.

Vehicle Access. All facilities shall have a twelve (12) foot-wide all-weather access to a publicly maintained road capable of supporting a forty thousand (40,000) pound fire apparatus with fifteen (15) feet of vertical clearance.

I.

Outdoor Storage. There shall be no outdoor vehicle or equipment storage except for emergency purposes.

J.

Federal and State Regulations.

1.

All facilities shall fall within current regulations of the FAA, the FCC, and any other State and federal agency with the authority to regulate such facilities.

2.

If federal or State regulations are changed, the property owner or responsible party shall bring such facilities into compliance with revised regulations within ninety (90) days of the effective date of such regulations, unless a more stringent compliance schedule is mandated by the controlling agency.

K.

Emissions. No facility or combination of facilities shall generate, at any time, electromagnetic frequency radiation (EMF) or radio frequency radiation (RF) in excess of the FCC adopted standards for human exposure.

L.

Hazardous Facilities.

1.

Any facility determined by the County to be detrimental to the health, safety, or welfare of persons working or residing near such facility, shall be removed, adjusted or replaced by the property owner or service provider.

2.

In no case shall a facility remain in operation if it is found to create a hazard to the public health, safety, and welfare.

3.

A facility shall not be found to create a hazard to health, safety, or welfare as a result of EMF or RF emissions from the facility so long as it meets all current standards established by the FCC, pursuant to FCC OET 65.

M.

Abandoned Facilities. Facilities that are not in use for a period of six (6) months shall be considered abandoned and shall be removed. All operators who intend to abandon the use of any facility shall notify the County of such intention no less than sixty (60) days prior to the final day of use. Abandoned facilities shall be designated as unlawful and as public nuisances, requiring no amortization period. The abandoned facility shall be removed pursuant to Section 24-187 (Facility removal).

N.

Distance Between Facilities.

1.

A facility shall not be located within one thousand (1,000) feet of any other existing facility.

2.

The minimum required distance between facilities may be reduced by making specific findings. To approve the reduced separation, the review authority shall find that one (1) or more of the following apply:

a.

Visual impacts are negligible; or

b.

The applicant can demonstrate that the site is a technical necessity to meet the demands of the geographic service area and the applicant's network.

O.

Impacts on Cultural Resources.

1.

Locating facilities in areas of historical, cultural or aesthetic importance to the County is prohibited, except when:

a.

No feasible alternative site exists; and

b.

A denial would prohibit wireless communications service in violation of federal or State law.

2.

The burden of proof shall be on the applicant to establish both conditions above.

3.

The County shall submit all applications for facilities in areas of historical, cultural, or aesthetic importance to the Northeast Information Center, CSU Chico, and the Butte County Historical Society for review and comment prior to acting upon the application.

P.

Ground Level Support Facilities.

1.

All ground level support facilities shall be painted or screened from view with adequate landscaping appropriate to the surrounding environment.

2.

All aesthetic treatments, including landscaping, shall be maintained as approved for the life of the facility.

Q.

Encroachment Permit Required. Facilities may not encroach into, under, over, above, or upon any public street in the unincorporated area of the county in the absence of a valid encroachment permit from the County.

R.

Development Schedule. Applicants may be required to submit a development schedule if the Zoning Administrator determines that nearby property owners may be inconvenienced during the construction of a telecommunication facility.

S.

Security. Facilities shall be secured at all times to prevent access by the public.

(Ord. No. 4062, § 1, 9-10-13; Ord. No. 4227, § 5, 1-24-23)

A.

Agriculture Zones. All facilities in AG and AS zones shall comply with the following standards.

1.

The review authority may require that tower or pole facilities be painted from a height of ten (10) feet above the ground to the top of the facility with alternating aviation orange and white stripes and have a flashing or steady burning light installed on the top that is shielded from the ground to prevent visual impacts, unless the applicant can demonstrate that such measures are not required to ensure compatibility with established air navigation practices in the immediate area.

2.

All obstruction lighting shall be visually inspected on a regular basis to ensure proper operation. Any lighting failure or malfunction that affects a top light or flashing light regardless of its position on the tower shall be reported immediately to the Department of Development Services and remedied in a timely manner.

3.

Facilities are encouraged to be located to ensure compatibility with established or anticipated future air navigation practices in the immediate area, as well as to minimize the disruption of agricultural land, provided all other applicable site development standards are met.

B.

Residential Zones. All facilities in residential zones shall comply with the following standards.

1.

All lighting on a facility, including identification or warning tights required by the FAA or other public agency, shall be oriented not to directly illuminate any area on the ground within a radius of five hundred (500) feet of the tower or monopole horizontally beyond the facility site, providing that such orientation/shielding complies with FAA or other federal or state agency requirements.

2.

All facilities shall be aesthetically and architecturally compatible with the surrounding environment. Residentially compatible materials and veneers such as wood, brick, or stucco shall be used for associated support buildings, which shall be designed to architecturally match the exterior of residential structures in the area.

3.

Only one (1) monopole or tower is permitted per parcel. Multiple facilities may be placed on the single monopole or tower to facilitate co-location in zones where permitted.

4.

The approval of monopoles or towers in residential zones shall require the following findings:

a.

No feasible alternative site exists; and

b.

The Applicant has demonstrated that there is a significant gap in its ability to provide wireless communications service, and the placement of this facility is the least intrusive means to close the significant gap based on county regulations.

5.

The burden of proof shall be on the applicant to establish both conditions described in Subsection B.4. above.

C.

Commercial and Industrial Zones. All facilities located within an existing office or business park shall be constructed to be architecturally compatible with existing nearby structures or architectural styles including color schemes, textures, and ornamentation.

(Ord. No. 4062, § 1, 9-10-13; Ord. No. 4227, § 6, 1-24-23)

A.

Building Facade Mounted Facilities.

1.

All portions of facilities projecting above the roof parapet or roof line shall be screened or hidden from view.

2.

The total area of all facility panels shall not exceed the greater of ten (10) percent of the square footage of the facade of the building or twenty-five (25) square feet per facade, whichever is less.

3.

All equipment shelters, cabinets, or other structures utilized or built in connection with the facility shall be located within the building being utilized for the facility, or on the ground outside of any setback area or required vehicle parking space, or on the roof, if screened.

4.

The lowest portion of all facilities shall be located a minimum of twenty (20) feet above grade level.

5.

No portion of the facility shall project out in any direction more than eighteen (18) inches from the facade of the building.

6.

Facilities shall be constructed or mounted and painted to blend with the predominant architecture of the building or shall appear to be part of the building to which the facility is attached.

B.

Roof Mounted Facilities.

1.

All equipment shelters, cabinets, or structures utilized or built in connection with the facilities shall be located within the building being utilized for the antenna, or on the ground outside of any setback area or required vehicle parking space, or on the roof, if visually screened.

2.

Facilities affixed to towers located on the roof of buildings shall be located as close to the center of the roof as feasibly and aesthetically possible, and the height of the tower shall not exceed twenty (20) feet above the roof top.

C.

Ground Mount Antenna Facilities.

1.

New Ground Mount Antenna Facilities proposed in an Agriculture zone or within one thousand (1,000) feet of a residential zone require written notice, in a manner approved by the Zoning Administrator, to be given to owners of parcels located within a minimum radius of one thousand (1,000) feet of the parcel on which the proposed facility will be located.

2.

In Agriculture zones, the minimum size of a parcel on which a facility may be located shall be ten (10) acres.

3.

In Agriculture zones, the maximum size of the facility shall be no more than two and one-half (2.5) percent of the parcel size, or fifteen thousand (15,000) square feet, whichever is less.

4.

Ground Mount Antenna Facilities are not allowed on parcels under a Williamson Act Contract.

5.

The maximum height of any structure in the facility shall be ten (10) feet.

6.

The facility shall meet the minimum setbacks of the zone.

7.

All equipment utilized or built in connection with the facility shall be located within a secured fenced area.

8.

The installation of a Ground Mount Antenna Facility requires the issuance of a building permit from the Building Division.

D.

Monopoles or Towers.

1.

New monopoles or towers proposed in or within one thousand (1,000) feet of agriculture and residential zones require written notice, in a manner approved by the Zoning Administrator, to be given to owners of parcels located within a minimum radius of one thousand (1,000) feet of the parcel on which the proposed monopole or tower will be located.

2.

New monopoles or towers shall allow for at least two (2) additional wireless service providers to be located on the monopoles or towers.

3.

All equipment shelters, cabinets, or structures utilized or built in connection with the facilities shall be located within a delineated area immediately surrounding the monopole or tower as shown on the site plan, and outside of any setback area or required vehicle parking space, and shall be visually screened from public view and secured from public access. The shelters, cabinets, screening, and security, etc., shall be regularly maintained.

E.

Facilities in the Right-of-Way. Only small wireless facilities may be placed in the right-of-way.

(Ord. No. 4062, § 1, 9-10-13; Ord. No. 4091, § 1, 1-27-15; Ord. No. 4227, § 7, 1-24-23)

A.

Co-Location Facility means the placement or installation of wireless facilities, including antennas, and related equipment, on, or immediately adjacent to, a Wireless Telecommunications Co-location Facility. However, "Co-location Facility" shall not include the placement or installation of any facilities on a Wireless Telecommunications Co-location Facility which would add height to a Wireless Telecommunications Facility which must be applied for pursuant to Subsection 24-179 B.3., the placement or installation of any new monopole or tower immediately adjacent to a Wireless Telecommunications Co-Location Facility, or the placement or installation of any facilities on a Wireless Telecommunications Co-Location Facility that does not conform to the requirements of this section.

B.

A co-location facility is permitted as-of-right with the approval of an Administrative Permit if it complies with the following requirements:

1.

The existing wireless telecommunications co-location facility which the co-location facility is proposed on or immediately adjacent to was subject to a discretionary permit and an environmental impact report was certified, or a negative declaration or mitigated negative declaration was adopted for the wireless telecommunications co-location facility in compliance with the California Environmental Quality Act (Division 13, commencing with Section 21000, of the Public Resources Code), the requirements of Section 21166 do not apply, and the co-location facility incorporates required mitigation measures specified in that environmental impact report, negative declaration, or mitigated negative declaration.

2.

The co-location facility is consistent with all requirements, including, but not limited to, Use Permit conditions, applicable to the existing wireless telecommunications co-location facility for which the colocation facility is proposed on, or immediately adjacent.

3.

The co-location facility shall be subject to all of the development and performance standards set forth in this article.

C.

If a co-location facility is proposed on, or immediately adjacent to an existing co-location facility which has not been subject to a County discretionary permit, the wireless telecommunications co-location facility shall require the approval of a Minor Use Permit or a Conditional Use Permit, and shall comply with all of the following:

1.

The California Environmental Quality Act through certification of an environmental impact report, or adoption of a negative declaration or mitigated negative declaration.

2.

Applicable State and County requirements, including the Butte County General Plan, any applicable community plan or specific plan, and the Zoning Ordinance.

3.

County requirements for a wireless telecommunications co-location facility that specifies types of wireless telecommunications facilities that are allowed to include a co-location facility, or types of wireless telecommunications facilities that are allowed to include certain types of co-location facilities; height, location, bulk, and size of the wireless telecommunications co-location facility; percentage of the wireless telecommunications co-location facility that may be occupied by co-location facilities; and aesthetic or design requirements for the wireless telecommunications co-location facility, including, but not limited to, applicable requirements of this section.

4.

County requirements for a proposed co-location facility, including any types of co-location facilities that may be allowed on a wireless telecommunications co-location facility; height, location, bulk, and size of allowed co-location facilities; and aesthetic or design requirements for a co-location facility.

5.

The County shall hold at least one (1) public hearing on the discretionary permit and notice shall be given pursuant to Article Vt. Division 2 (Public Notice and Hearings).

D.

Co-location facilities shall be permitted subject to the issuance of an Administrative and building permit and shall comply with the following development and performance standards.

1.

The installation of co-location facilities allowed by this subsection requires the issuance of a building permit from the Building Division. The Building Division, based upon engineered calculations submitted by the applicant, may determine that the wireless telecommunications facility cannot safety physically support the requested co-location facility. If this is the case, the co-location facility allowed on the wireless telecommunications facility shall only be commensurate with what can be safely physically supported by the wireless telecommunications facility, as determined by the Building Division.

2.

All equipment shelters, cabinets, or structures utilized or built in connection with the facilities shall be located within the building being utilized for the facility, or on the ground outside of any setback area or required vehicle parking space, or on the roof, if visually screened.

3.

Additional facilities shall not extend out horizontally from the pole more than the widest existing projection. The use of proximity designs is encouraged.

4.

The antennas and pole shall be painted to match the color of the existing antennas and pole or tower, and shall be painted and constructed to blend with the prevalent architecture and natural features existing on the subject site, as determined by the Zoning Administrator.

(Ord. No. 4062, § 1, 9-10-13; Ord. No. 4227, § 8, 1-24-23)

A.

Applicability. Notwithstanding any other provision of the Butte County Code, the standards for placement and design of Small Wireless Facilities shall be governed only by this section.

B.

Facility. Small Wireless Facilities are much smaller than traditional telecommunications facilities and may be installed on telephone poles, streetlight poles, and traffic signals, etc. They are less visually intrusive because in some cases an antenna and its associated equipment may be located in a single box, and, in other cases, an antenna may extend above the height of the existing pole by only a few feet, and its associated equipment may be located in boxes attached to the pole.

C.

Definition. Small Wireless Facilities are defined in 47 C.F.R. §1.6002(1). The definition generally includes: each antenna is no more than three (3) cubic feet in volume; all other wireless equipment on the structure supporting the antenna, including the wireless equipment associated with the antenna, is no more than twenty-eight (28) cubic feet in volume; the structure supporting the antenna and equipment is fifty (50) feet or less in height including the antenna or the antenna does not extend more than ten (10) percent above the existing structure, whichever is greater; and the radio frequency radiation does not exceed applicable safety standards. The laws, rules, and regulations governing small wireless facilities are discussed in a legal decision, i.e., City of Portland v. United States (2020) 969 F.3d 1020.

D.

Location. In subsection B. of Section 24-176 (Purpose), it states that there are standards for the placement and design of wireless telecommunication facilities which are intended to encourage the location in non-residential areas and discourage the location in residential areas. Based on this purpose, this section establishes preferred locations and less preferred locations. Preferred locations are where there are no residences, residential zones, or schools nearby. Less preferred locations are where there are residences, residential zones, or schools nearby. Nearby means adjacent to or across the street from a residence, residential zone, or school.

E.

Permit. An administrative permit, pursuant to Section 24-180 (Application submittal and review) [Subsections A.4., 12., 13., 15., and 23. are not required, and, if the change does not involve ground equipment or work on the ground, the response to subsection A.8. may be "No ground work"], is required in all areas. The administrative permit shall address the standards set forth below and shall allow the applicant, when the applicant proposes to locate the facility in a less preferred area, to demonstrate that there is no preferred location within five hundred (500) feet of the proposed location or that available preferred locations within five hundred (500) feet of the proposed location are not technically feasible. Applications for a less preferred location shall be accompanied by clear and convincing written evidence demonstrating that a preferred location is infeasible and that approval of the proposed location rather than a preferred location is therefore needed. To be approved, the applicant shall demonstrate that: the applicant does not own any property or facilities within five hundred (500) feet of the proposed site that could provide service rather than the proposed site; no preferred location exists within five hundred (500) feet of the proposed site; or any preferred location within five hundred (500) feet of the proposed site is technically infeasible. The applicant has the burden of proof to demonstrate that these provisions are satisfied with clear and convincing evidence. In reviewing a request for a less preferred location, the County may hire an independent consultant at the applicant's expense to evaluate the application and the applicant's demonstration of need.

F.

Standards. The antenna and equipment shall be made as visually unobtrusive as possible, matching the structure on which they are located; they cannot overhang a property line; they cannot impede worker access to the infrastructure of the telephone poles, streetlight poles, and traffic signals, etc. or infrastructure owned or operated by a public or private utility agency; they cannot impede worker access to traffic control devices, such as signs, signals, or parking meters, etc.; they cannot impede access to public transportation facilities, etc.; they cannot impede access to a fire hydrant or water valve or to any fire escape; they cannot impede access to any ingress or egress point to any building appurtenant to the right-of-way; and they should be located on telephone poles, streetlight poles, and traffic signals, etc., that are as close as possible to shared property lines. A small wireless facility cannot be located within one thousand (1,000) feet of another small wireless facility operated by the same carrier or within two hundred (200) feet of any small wireless facility regardless of its ownership or maintenance.

G.

Standards for right-of-way. Only small wireless facilities may be placed in the right-of-way. For each small wireless facility placed in the right-of-way, the applicant shall obtain an encroachment permit.

Small wireless facilities placed in the right-of-way shall not impede sight distance at intersections or driveways for all roadway users. They shall not impede pedestrian use of sidewalks or pathways and shall be designed and sited in compliance with the Americans with Disabilities Act.

The zoning district that applies to a small wireless facility placed in the right-of-way is the zoning district of the adjoining land.

If the applicant demonstrates the need for a small wireless facility near a residence, residential zone, or school, the facility shall be placed: in a median, if one exists; a minimum of twenty-five (25) feet from the nearest residence or school; outside of the central fifty (50) percent of the property's frontage, unless there is no feasible alternative location within five hundred (500) feet.

No new structures, such as monopoles or towers, etc., shall be located in the right-of-way where there are already existing structures nearby unless the applicant demonstrates that it is technically infeasible to use the existing structures. If there are no existing feasible structures within five hundred (500) feet along the right-of-way, the applicant must demonstrate that there is sufficient room within the right-of-way that is outside of the travel lanes to safely locate a new structure and that the new structure shall be constructed and located in a manner that will not incommode the public use of the right-of-way. A new structure shall be located in alignment with existing trees or poles, etc., and it shall be located at an equal distance between existing trees or poles, etc., as well as a sufficient distance from existing trees to avoid the critical root zone of any tree.

(Ord. No. 4227, § 9, 1-24-23)

Editor's note— Ord. No. 4227, §§ 9—11, adopted January 24, 2023, renumbered § 24-185 as § 24-186 and repealed § 24-186. Former § 24-186 pertained to performance securities and derived from Ord. No. 4062, § 1, adopted September 10, 2013.

A permit granted under this article becomes invalid if an operator of a telecommunication facility ceases to operate the facility under the terms of this article or under the specific conditions of approval for the facility. If the facility becomes non-compliant, the owner shall cease to operate the facility and remove it from its location within ninety (90) days of being informed that the permit has become invalid.

(Ord. No. 4062, § 1, 9-10-13; Ord. No. 4227, § 10, 1-24-23)

Editor's note— See editor's note, § 24-185.

A.

Prior to the final day of a facility's use, documentation of the intention to remove the facility shall be provided to the County. The removal requirement set forth in this section shall be included in the terms of lease for facilities on the property.

B.

Within sixty (60) days of abandonment of a telecommunications facility, the operator shall secure a Demolition Permit from the County and the facility shall be removed and the site restored to its pre-construction condition.

C.

If an abandoned facility is not removed within sixty (60) days, the County may remove the facility at the applicant's or land owner's expense.

(Ord. No. 4062, § 1, 9-10-13; Ord. No. 4227, § 11, 1-24-23)

Editor's note— See editor's note, § 24-185.