§ 24-174. Temporary uses.

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.

Temporary Mobile Homes.

1.

Applicability. A mobile home certified under the 1974 National Mobile Home Construction and Safety Standards Act may be placed on any legal parcel in any residential zone.

2.

Permit Required. Temporary mobile homes require the approval of an administrative permit.

3.

Standards. All temporary mobile homes shall comply with the following standards:

a.

Occupancy of the mobile home shall be limited to a close friend or a relative by blood or marriage. An affidavit attesting to the relationship of the involved parties shall be submitted with the permit application.

b.

Rent shall not be charged.

c.

The mobile home may be owned by either the owner of the parcel on which it is placed, or the person residing therein.

d.

The mobile home shall be served by adequate sewer and water facilities, as determined by the Butte County Environmental Health Division.

e.

The siting of the mobile home shall conform to the California Residential Code.

f.

The mobile home is declared to be a temporary use on the property, accessory to the primary unit and shall not be placed on a permanent foundation. Additionally, a temporary mobile home shall not be permitted on a parcel where there is an approved second unit and accessory dwelling unit.

g.

The permit shall be granted for a term of two (2) years. Extensions of the term for the permit, not exceeding one (1) year for each extension, may be granted if the application for the extension is filed within sixty (60) calendar days prior to the date of expiration.

h.

The mobile home shall be vacated upon expiration of the permit and removed within one hundred twenty (120) days after the expiration of the permit. If it is not removed within one hundred twenty (120) days, the County shall remove said mobile home and store it at the owner's expense.

i.

A deposit or bond sufficient to cover the removal expense shall be posted prior to the issuance of the Administrative Permit. The applicant shall grant Butte County the right to enter the property, to remove the mobile home, and to store it at the sole cost and expense of the applicant.

j.

The permit may be revoked if any of the terms or conditions of the permit is violated or if any acts or omissions of the permittee in connection with the use authorized by said permit constitute a public nuisance.

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)