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 Butte County
 Code of Ordinances
 Chapter 26. BUILDINGS
 Article I. In General

  § 26-4. Access.  

Latest version.

  • (a)

    Legal Access. Any person applying for a building permit for a new living unit or new commercial building on a lot which does not front on and have direct access to a publicly maintained road shall submit with the application a report from a title company or letter from a licensed surveyor or registered civil engineer attesting to the fact that there is legal access from the lot upon which the building is to be constructed to a publicly maintained road. "Legal access" means the right of vehicular travel within a legal right-of-way, established, created or approved by a recorded deed, court order or other document of record. If the director of public works determines that the legal right-of-way is not sufficient width to allow construction of a road of a width complying with the road improvement standards specified in subsection (b) below, he or she may nevertheless approve issuance of the building permit, waive the width requirements of such standards, and allow construction of a road having a traveled way of a width less than that specified in such standards, but in no event less than a width of sixteen (16) feet.

    (b)

    Road Improvement Standards.

    (1)

    Lot not fronting publicly maintained road.

    a.

    Urban area. Any person applying for a building permit for a new living unit or new commercial building on a lot within one (1) of the urban areas designated in the improvement standards for subdivisions, parcel maps and site improvements pursuant to chapter 20 of the Butte County Code, which lot does not front on and have direct access to a publicly maintained road, shall be required to demonstrate prior to issuance of the permit:

    1.

    that any road extending along the frontage of the lot where the building in question is to be constructed is improved to the same standard specified for subdivisions in the improvement standards for subdivisions, parcel maps and site improvements pursuant to Chapter 20 of the Butte County Code in effect as of the date of the building permit application; and

    2.

    that the road from said lot to a publicly maintained road (or to a road improved to county standards pursuant to the requirements of a subdivision map recorded on or after July 1, 1949 or of a parcel map recorded on or after May 4, 1972) is improved to the following standard: RS 8-LD-IV

    b.

    Rural area. Any person applying for a building permit for a new living unit or commercial building on a lot which is not in such an urban area and does not front on and have direct access to a publicly maintained road shall be required to demonstrate prior to issuance of the permit that any road extending along the frontage of the lot where the building in question is to be constructed and the road from said lot to a publicly maintained road (or to a road improved to county standards pursuant to the requirements of a subdivision map recorded on or after July 1, 1949 or of a parcel map recorded on or after March 4, 1972) are improved to the following standard: RS-8-LD-III

    c.

    Exception. If the applicant demonstrates to the satisfaction of the director of development services that the number of existing residential dwelling units in the subdivision exceeds fifty percent (50%) of the number of original lots in the subdivision in which the lot is located excepting therefrom any lot which has been altered by a subdivision map recorded on or after July 1, 1949 or by a parcel map recorded on or after March 4, 1972, then the requirements of subsections (b)(1)a. and (b)(1)b. above shall not apply.

    (2)

    Lot fronting publicly maintained road. Any person applying for a building permit for a new living unit or new commercial building on a lot which fronts on and has direct access to a publicly maintained road or roads shall be required to demonstrate prior to issuance of the permit that the property frontage along said publicly maintained road or roads is improved to the same road standard specified for subdivisions in the improvement standards for subdivisions, parcel maps and site improvements pursuant to Chapter 20 of the Butte County Code in effect as of the date of the building permit application. Provided, however, that if the applicant demonstrates to the satisfaction of the director of development services that the number of existing residential dwelling units in the subdivision exceeds fifty percent (50%) of the number of original lots in the subdivision in which the lot is located excepting therefrom any lot which has been altered by a subdivision map recorded on or after March 4, 1972, then the requirements of this subsection (2) shall not apply.

    (c)

    Lots Affected. The requirements of subsections (a) and (b) above shall apply only to subdivision lots which are not developed with legally constructed and maintained living units or commercial buildings, which are less than five (5) acres in size and which were created prior to July 1, 1949, or to any portion or combination of such lots. The requirements of sections (a) and (b) shall not apply to any portion or combination of such lots created by subdivision map on or after July 1, 1949 or by parcel map on or after March 4, 1972.

(Ord. No. 2922, § 3, 4-2-91; Ord. No. 2938, § 3, 6-25-91; Ord. No. 2959, § 1, 10-15-91; Ord. No. 3001, § 11, 5-5-92; Ord. No. 3030, § 1, 9-1-92)

Editor's note

Section 26-4, prescribing fire zones, derived from Ord. No. 970, §§ 1—5, and Ord. No. 1572, § 1, adopted April 29, 1975, was repealed by § 8 of Ord. No. 2269, adopted March 9, 1982. Subsequently § 3 of Ord. No. 2922, adopted and effective as an urgency ordinance on April 2, 1991, added a new § 26-4. This action was reaffirmed by § 3 of Ord. No. 2938, adopted June 25, 1991, effective July 25, 1991.