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This chapter provides site planning and development standards for land uses that are allowed by Division IV (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) in individual or multiple zoning districts including residential, commercial, and manufacturing districts.
(Ord. 2185)
A. Accessory Uses. An accessory use shall be allowed only in conjunction with a main use to which it relates under the same regulations as the main use in any zoning district.
B. Commercial and Industrial Accessory Uses and Structures. Commercial and industrial accessory uses and structures may be permitted in compliance with Chapter 19.18 (Architectural Review and Site Design) and are subject to the following general requirements:
1. All detached accessory structures are subject to the development standards established by the applicable zoning district including setbacks, height, and site coverage. Detached accessory structures shall be architecturally compatible with, and located to the rear or sides of, primary structures.
2. Detached or portable storage units and refrigeration facilities are subject to the following standards:
a. Located to the rear or sides of primary structures and screened from public views.
b. May not exceed 10 percent of the gross floor area of the primary structure.
c. Allowed for a maximum of 12 months unless placed within a permanent outside storage yard in compliance with Section 19.60.060 (Fencing and screening).
C. Accessory Retail Uses. Accessory retail uses are allowed, provided there will be only minor external evidence of any commercial activity other than the main use of the site. Access to any space used for the accessory retail use shall be from within the structure.
D. Residential Accessory Uses and Structures. When allowed, specific residential accessory uses and structures are subject to the provisions of this section. Residential accessory structures include any structure that is customarily related to a residence, including garages, greenhouses, storage sheds, studios, swimming pools, spas, workshops, and similar structures.
1. General Requirements. All accessory uses and structures are subject to the following standards, except where more restrictive requirements are established by other provisions of this section for specific uses.
a. Relationship of Accessory Use to Main Use. Accessory uses and structures shall be incidental to and not alter the character of the site from that created by the main use.
b. Attached Structures. Where an accessory structure is attached to the main structure in a substantial manner, as by shared roofline or wall, such accessory structure shall be considered part of the principal structure.
c. Detached Structures. Where an accessory structure is detached, it shall comply with all the requirements of this chapter:
(1) Design. Detached accessory structures shall be compatible with the materials and architecture of the main dwelling(s) on the property.
(2) Setback Requirements. Setback requirements shall be as provided by Table 5-9 (Required Setbacks - Accessory Uses and Structures).
(3) Breezeway Requirements. A breezeway may be allowed to provide shelter between a detached accessory structure and the main dwelling when designed and constructed as a covered passageway which does not exceed 10 feet in width and has at least one side open, except for necessary supporting columns. For the purposes of this chapter, a breezeway shall not constitute attachment of an accessory structure to the main dwelling as a sole means of connection.
(4) Coverage. Detached accessory structures shall be calculated in the overall site coverage.
(5) Deed Restriction. In order to insure code compliance and prohibit the illegal conversion of residential accessory structures to Accessory Dwelling Units, all applicants must provide to the satisfaction of the Director, a recorded document stating the intended use of the accessory structure is not to be a dwelling unit and that any future conversion to a dwelling unit shall be done so in compliance with Section 19.76.130 (Accessory Dwelling Units).
2. Antennas. Antennas are subject to the provisions of Chapter 19.78 (Wireless Telecommunications Facilities).
3. Garages. A detached garage shall have direct vehicular access on an improved all-weather surface from the public right of way and shall not occupy more than 700 square feet for each dwelling unit, including any workshop or storage space within the garage. A larger floor area may be authorized by the Director with an administrative use permit, in compliance with Chapter 19.25. The floor area of a garage that is attached to a main structure is not limited, except by overall site coverage limits, and building or fire code.
4. Guest Houses. See Section 19.76.100 (Guest houses).
5. Home Occupations. Home occupations are subject to the requirements of Chapter 19.20 (Home Occupation Permits).
6. Accessory Dwelling Units. Regulations for residential accessory units are located in Section 19.76.130 (Accessory dwelling units).
7. Swimming Pools/Spas/Hot Tubs. Private swimming pools, spas, and hot tubs are allowed as accessory uses to approved residential uses on the same site, subject to the following provisions:
a. Limitation on Use. The pool is to be used solely by occupants of the dwellings on the same site and their invited guests.
b. Fencing. The swimming pool shall be secured by fencing and/or building walls to prevent uncontrolled access by children, in compliance with Title 16R (Building Standards).
c. Reduced front or side yard setbacks may be permitted through the use permit process in accordance with Section 19.60.090 F.
8. Tennis and Other Recreational Courts. Non-commercial outdoor tennis courts and courts for other sports, including basketball and racquetball, accessory to a residential use are subject to the following requirements:
a. Fencing. Recreational court fencing shall comply with all building code requirements.
b. Lighting. Court lighting shall not exceed a maximum height of 16 feet, measured from the court surface. The lighting shall be directed downward, shall only illuminate the court, and shall not illuminate adjacent property, in compliance with Section 19.60.050 (Exterior lighting).
Single-Family Detached Homes | ||||
Accessory Use/Structure | Type of Setback (1) | Required Setback (2) | Height Limits | Size Limits |
Gazebo, trellis, greenhouse, patio cover, storage shed, workshop, recreation room | Side Street side Rear | 3 ft. 10 ft. or as required for main structure. 5 ft.; 0 ft. for structures adjacent to an alley. | 15 ft. 25 ft. with use permit approval | 25% of the size of the main structure. (4) |
Garage or carport | Front Side Street side Rear | 20 ft. (3) 4 ft. 10 ft. or as required for main structure. 5 ft. (5)
| 15 ft.; 25 ft. with use permit approval; 25 ft. for garages with a second-floor dwelling unit; | 700 sq. ft. |
Swimming pool, spa, pool and spa equipment, outdoor play equipment, stationary barbecue, fire pit, air conditioning equipment, ground-based antennas, ground-mounted solar arrays | Side Street side Rear | 3 ft. As required for main structure. 3 ft. (See also 19.60.090 F.4)
| ||
Multi-Family, Attached/Detached | ||
Accessory Use/Structure | Type of Setback (1) | Required Setback (2) |
Air conditioning equipment, pool and spa equipment, ground- based antennas | Side Street side Rear | 3 ft. As required for main structure. 3 ft. |
Gazebo, trellis, greenhouse, patio cover, storage shed, workshop, recreation room | Side Street side Rear | 3 ft. 10 ft. or as required for main structure. 5 ft. |
Garage or carport (3) | Front Side Street side Rear | 20 ft. 4 ft. 10 ft. or as required for main structure. 5 ft. |
Swimming pool, spa, outdoor play equipment (See also 19.60.090 F.4) | Front Side Street side Rear | 5 ft. 3 ft. As required for main structure. 5 ft. |
Stationary barbecue, fire pit | Front Side Street side Rear | 3 ft. 3 ft. 3 ft. 3 ft. |
Notes:
(1) Where a parcel is situated so that the front, side, or rear property lines are not readily determinable, required setbacks shall be established by the Director.
(2) In no case shall a structure, projection, or equipment be placed or occur beyond the property lines of the subject parcel. No accessory structures shall be located in a front yard setback or closer than 10 feet from any property line adjoining a public street.
(3) To ensure an adequate space for off-street parking in residential zoning districts, the face of a garage entrance, situated approximately parallel to the lot line, shall be set back a minimum of 20 feet from the property line providing driveway access.
(4) Additional floor area may be approved with an administrative use permit.
(5) Garage may be located on rear or side property line abutting an alley where the Director determines that adequate turning radius and backup area will be provided.
(Ord. 2397 §13, Ord. 2435 §42, Ord. 2439 §188, Ord. 2519 §30)
9. Workshops, Studios, Greenhouses, or Recreation Rooms.
a. Limitation on Use. An accessory structure may be constructed or used as a workshop, studio, greenhouse, or recreation room in any residential zoning district solely for hobbies or amusements; for maintenance of the main structure or yards; for horticulture; for artistic endeavors, including painting, photography, or sculpture; for maintenance or mechanical work on vehicles owned or operated by the occupants; or for other similar purposes; and
b. Floor Area. A workshop, studio, greenhouse, or recreation room shall not occupy an area larger than 25 percent of the floor area of the main structure and shall comply with site coverage requirements. Additional floor area may be approved with an administrative use permit, in compliance with Chapter 19.25 (Administrative Use Permits).
(Ord. 2185; Ord. 2243, Ord. 2364 §399, Ord. 2435 §41, Ord. 2494 §48, Ord. 2511, §13, Ord. 2519 §30, Ord. 2600)
A. Purpose. This section provides standards for the location, development, and operation of adult entertainment businesses.
B. Definitions. The following terms are defined for the purposes of this section and are organized in alphabetical order.
Adult Arcade. An establishment where, for any form of consideration, one or more motion picture projectors, slide projectors or similar machines, for viewing by five or fewer persons each, are used to show films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
Adult Book/Video Store. An establishment which has as a substantial or significant portion (25 percent or more of gross floor area) of its stock-in-trade and offers for sale for any form of consideration any one or more of the following:
1. Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or
2. Instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities.
Adult Cabaret. Nightclub, restaurant, or similar establishment which regularly features live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities, or films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
Adult Motel. A motel or similar establishment offering public accommodations for any form of consideration which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
Adult Motion Picture Theater. An establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are shown, and in which a substantial portion (25 percent or more) of the total presentation time is devoted to the showing of material which is characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
Adult Theater. A theater, concert hall, auditorium, or similar establishment which, for any form of consideration, regularly features live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
Establishment of an Adult Entertainment Business. Includes any of the following:
1. The opening or commencement of any adult entertainment business as a new business;
2. The conversion of an existing business, whether or not an adult entertainment business, to any of the adult entertainment businesses defined herein;
3. The addition of any of the adult entertainment businesses defined herein to any other existing adult entertainment business; or
4. The relocation of any adult entertainment business.
Massage Parlor. Any business where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs as part of or in connection with specified sexual activities or where any person providing such treatment, manipulation, or service related thereto exposes specified anatomical areas.
Removal of Clothing. Striptease, or the removal of clothing, or the wearing of transparent or diaphanous clothing, including models appearing in lingerie, to the point where specified anatomical areas are exposed.
Sexual Encounter Establishment. An establishment, other than a hotel, motel, or similar establishment offering public accommodations, which, for any form of consideration, provides a place where two or more persons may associate, congregate, or consort in connection with specified sexual activities or the exposure of specified anatomical areas. This definition does not include an establishment where a medical practitioner, psychiatrist, psychologist, or similar professional person licensed by the State engages in sexual therapy.
Specified Anatomical Areas. Less than completely and opaquely covered human genitals, pubic regions, anal regions, buttocks, female breasts below a point immediately above the top of the areola; or human male genitals in a discernible turgid state, even if completely and opaquely covered.
Specified Sexual Activities. Includes any of the following:
1. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
2. All sex acts, actual or simulated;
3. Masturbation, actual or simulated; or
4. Excretory functions alone or as part of or in connection with any of the activities described in items 1 through 3 above.
C. Standards. Adult entertainment businesses shall be located, developed, and operated in compliance with the following standards.
1. Employees Required. It shall be the duty of the owners to ensure that at least one employee is on duty at all times that any patron is present inside the premises.
2. Hours of Operation. The adult entertainment business shall not operate or be open between the hours of 2:00 a.m. and 7:00 a.m.
3. Lighting. The entire exterior ground, including the parking lot, shall be provided with lighting which is energy efficient, stationary and directed away from adjacent properties and public rights-of-way, in compliance with Section 19.60.050 (Exterior lighting).
4. Live Entertainment. The following standards shall pertain to adult entertainment businesses that provide live entertainment depicting specified anatomical areas or involving specified sexual activities:
a. No person shall perform live entertainment for patrons of an adult entertainment business except upon a stage at least 18 inches above the level of the floor which is separated by a distance of at least 6 feet from the nearest area occupied by patrons, and no patron shall be allowed within 6 feet of the stage while the stage is occupied by an entertainer;
b. The adult entertainment business shall provide separate dressing room facilities and entrances/exits to the premises which are exclusively dedicated to the entertainers' use; and
c. The adult entertainment business shall provide permanent access for entertainers between the stage and the dressing room facilities which is completely separated from the patrons. If the separate access is not physically feasible, the adult entertainment business shall provide a minimum 3-foot-wide walk aisle for entertainers between the dressing room facilities and the stage, with a permanent railing, fence or other barrier separating the patrons and the entertainers to prevent any physical contact between patrons and entertainers. Fixed rail(s) at least 30 inches in height shall be installed and permanently maintained establishing the required separations between the entertainers and patrons.
5. Permanent Barriers. Permanent barriers shall be installed and maintained to screen the interior of the premises from public view for each door used as an entrance/exit to the adult entertainment business.
6. Separation/Measurement. It is unlawful to cause or allow the establishment of an adult arcade, adult bookstore, adult cabaret, adult motel, adult motion picture theater, adult theater, massage parlor, or sexual encounter establishment within:
a. 1,000 feet of another similar business;
b. 1,000 feet of any religious institution, school, or public park; or
c. 300 feet of any property designated for residential use or used for residential purposes.
The distance between any two adult entertainment businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. The distance between any adult entertainment business and any property designated for residential use or used for residential, religious institution, school, or public park purposes shall be measured in a straight line, without regard to intervening structures, from the closest property line of the adult entertainment business to the closest property line of the property designated for residential use or used for residential, religious institution, school, or public park purposes.
7. Signs. All on-site signs shall be in compliance with Chapter 19.74 (Signs).
8. Viewing Area.
a. It is unlawful to maintain, operate, or manage or allow to be maintained, operated, or managed any adult arcade in which the viewing areas are not visible from a continuous main aisle or are obscured by a curtain, door, wall, or other enclosure. For purposes of this section, "viewing area" means the area where a patron or customer would ordinarily be positioned while watching the film, performance, picture, or show.
b. It is unlawful for more than one person at a time to occupy any individually partitioned viewing area or booth.
c. It is unlawful to create, maintain, or allow to be maintained any holes or other openings between any two booths or individual viewing areas for the purpose of providing viewing or physical access between the booth or individual viewing area.
D. Minors and Intoxicated Persons Excluded. It shall be a misdemeanor for any person under the age of 18 years or an obviously intoxicated person to enter or remain on the premises of an adult entertainment business at any time. A sign giving notice of this provision shall be prominently posted at each entrance to the premises of the adult entertainment business.
(Ord. 2185; Ord. 2223)
A. Household Pets. Household pets may be kept as an accessory use of residential property, provided they are kept in a humane and sanitary manner and in compliance with the provisions of this section.
B. Dogs. No more than three dogs over the age of three months shall be kept or maintained at any one place of residence, as designated by a single street address number in the City.
C. Bees. The keeping of honey bees is permitted in the RS and R1 zoning districts as a form of small animal keeping subject to the following standards to minimize impacts to nearby residents or the public:
1. A maximum of one hive shall be allowed for each ten thousand (10,000) square feet of lot area;
2. Hive(s) shall be registered with the Butte County Agricultural Commissioner;
3. An adequate fresh water supply shall be available for the bees on the subject parcel at all times;
4. The location of the hive(s) shall not be less than 100 feet from any public right-of-way or any occupied structure other than that of the occupant of the subject parcel.
5. All hive(s) shall be located at least six feet above ground, or an adequate flight dispersing barrier, such as a fence or landscaping of at least six feet in height, must be constructed and maintained around the hive(s); and
6. The hive(s) shall be maintained in compliance with state law and kept free of diseases and pests.
D. Offensive Animals. No persons shall keep, maintain, or have in their possession on any property owned or controlled by them any household pets or any other animals in a manner, number, or kind so as to cause damage or hazard to persons or property in the vicinity or to generate offensive dust, noise, or odor.
E. Site Requirements.
1. The number of animals which may be kept on a parcel is limited, as shown in Table 5-10, by the parcel's site area, exclusive of occupied structures and structures required by this section. Animals may be kept within an enclosure anywhere within the site area and are not required to have access to the entire site area.
2. Bulls, cows, goats, hogs, horses, pigs, and sheep shall not be kept within 25 feet of any side property line, nor within 50 feet of any adjacent street or occupied residences; and
3. Small animals shall not be kept within 20 feet of any occupied residences on adjacent parcels and may be kept within 10 feet of the owner’s occupied residence. Roosters shall not be allowed in the RS, R1, and TND zoning districts.
4. Storage of food for animal keeping shall be kept in sealed containers located in a dry, secure environment that prevents disturbance or infestation from stray animals, vermin, insects or any other source of contamination.
(Ord. 2223, Ord. 2358 §16, Ord. 2440 §49)
Land Use | Type of Animal Allowed | Minimum Site Area Required |
Large Animals | Horses, cattle, or hogs | 8,000 sq.ft. per animal |
Sheep or goats | 2,000 sq.ft. per animal | |
Other allowed large animals | 2,000 sq.ft. per animal | |
Small Animals | Poultry, rabbits, miniature pot-bellied pigs, and other similarly allowed small animals | 100 sq.ft. per animal not within 20 feet of occupied residences on adjacent parcels; 10 sq. ft. per animal within 10 feet of owner’s residence. |
(Ord. 2494 §49)
Bed and breakfast inns (B&Bs) are subject to the requirements of this section. The intent of these provisions is to ensure that compatibility between the B&B and any adjacent residential zoning districts or uses is maintained and enhanced.
B. Specific Standards. The following standards shall apply:
1. Residential and TND zoning districts. No more than five rooms for rent shall be allowed under a use permit;
3. Architectural Review. Architectural review shall be required if exterior changes are proposed, including, but not limited to, new parking areas.
C. Appearance. The exterior appearance of the structure housing the B&B, located in any residential zoning district, shall not be altered from its original single-family character.
D. Limitation on Services Provided. Meals and rental of bedrooms shall be limited to registered guests. There shall be no separate or additional kitchens for guests.
E. Business License Required. A current business license shall be obtained and posted, in compliance with Chapter 3.32 (Business License Law) of the Municipal Code.
F. Transient Occupancy Tax. All B&Bs shall be subject to the Transient Occupancy Tax, in compliance with Chapter 3.52 (Transient Occupancy Tax) of the Municipal Code
(Ord. 2185, Ord. 2358 §17)
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