Division 2 — INTERPRETATION

The Director shall have the authority to issue administrative interpretation of the provisions of this chapter to resolve ambiguities.

A.

Record of Interpretations. Whenever the Director determines that the applicability or meaning of any of the provisions of the chapter is ambiguous, the Director may issue an official interpretation (aka a "Director Determination Letter"). Official determinations shall be in writing, and cite the provision being interpreted, together with an explanation of its meaning or application, in the particular or general circumstances that caused the need for interpretation. Said determinations shall be recorded in accordance with the procedures in Article VII of this chapter.

Where the Director finds that no clear interpretation can be made, the matter may be referred to the Commission. The Commission shall hold a public hearing prior to making an interpretation. Notice of such hearing shall be provided by listing the matter on the Commission agenda and posting notice at least 72 hours prior to the hearing. A record of all official Planning Commission interpretations shall be filed as a Planning Commission Determination Letter and recorded in accordance with the procedures in Article VII of this chapter.

B.

Appeal of Interpretations. Interpretations by the Director may be appealed to the Commission in compliance with Section 28.52.090. Interpretations are only advisory to the City Council.

(Ord. No. 503, 12-16-2014)

If any provision of this chapter is for any reason held to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this chapter. The City hereby declares that it would have adopted this chapter and each provision thereof, irrespective of the fact that any one or more portions of this chapter may be declared invalid, unconstitutional, or unenforceable.

(Ord. No. 503, 12-16-2014)

28.11.030 - Project approval indemnification and hold harmless agreement.

A.

Applicant's Agreement to Indemnify and Hold Harmless. As a condition of approval of a land use application, the applicant shall agree to defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City, an advisory agency, appeal board or legislative body concerning the map or permit or any other action relating to or arising out of City approval.

B.

City's Duty to Notify Applicant and Cooperate in Defense. Any condition of approval imposed in compliance with this chapter shall include a requirement that the City act reasonably to promptly notify the applicant of any claim, action, or proceeding and that the City cooperate fully in the defense.

(Ord. No. 503, 12-16-2014)

DIVISION 3. - ZONE DISTRICTS AND MAPS

The Primary Zone Districts are established in this Section pursuant to State Government Code Section 65851. Boundaries for these Zone Districts are shown on the Zone Maps (established by Section 28.12.030). The intent of each Zone District, along with its permitted uses, are described in detail in Article II of this chapter.

A.

List of Primary Zone Districts. The following Primary Zone Districts are available for application within and around the City of Alturas.

1.

Agricultural

Agriculture (AG)

2.

Residential

Rural Residential (RR)

Low Density Residential (R1)

Medium Density Residential (R2)

High Density Residential (R3)

3.

Commercial

Retail/Office Commercial (C1)

General Commercial (C2)

4.

Industrial

Light Industrial/Manufacturing (M1)

Heavy Industrial/Manufacturing (M2)

Special Purpose

Open Space (OS)

Recreation (RC)

B.

Relationship to General Plan. All Primary Zone Districts are compatible with the City's General Plan when applied in conformance with the General Plan Compatibility Matrix shown in Section 28.12.040.

C.

Applying and Amending Primary Zones. All properties are within at least one Primary Zone District, and some properties may span more than one District, as noted in Section 28.10.030 C.3. District boundaries were applied when the Zoning Ordinance was first adopted. Primary Zone District boundaries may be amended through the zone change process in compliance with Article VI, Division 4.

(Ord. No. 503, 12-16-2014)

The following Overlay Zone Districts are established pursuant to State Government Code Section 65851, and are intended to implement provisions of the General Plan, regulate land uses, provide for innovative design solutions, and to protect the public health, safety and welfare from natural and man-made hazards. Overlay Zones may be applied as needed, subject to the intent of the Overlay Zone as described in Article II of this chapter.

A.

List of Overlay Zone Districts. The following Overlay Zone Districts are available for application within and around the City of Alturas.

1.

Airport Safety (-AS)

2.

Flood Control (-FC)

3.

Downtown Historic District (-DH)

4.

Mobile Home Park (-MHP)

B.

Overlay Zone Notation. When applied, Overlay Zones are to be shown following the Primary Zone on the Zone Maps (created as identified in Section 28.12.030) preceded by a dash ("-") as noted below. Any given property may have more than one Overlay Zone.

EXAMPLE: "R1-FC-AS" designates a property in a Single Family Residential (R1) Zone District that is also subject to the conditions of the Flood Control (-FC) and Airport Safety (-AS) Overlay Zones.

C.

Relationship to General Plan. All Overlay Zones are compatible with the City's General Plan when used for the purposes described in Article II of this chapter.

D.

Applying and Amending Overlay Zones. Unlike Primary Zones, not all properties within the City will have an Overlay Zone. When needed, Overlay Zones are applied to property through the zone change process in compliance with Article VI, Division 4.

(Ord. No. 503, 12-16-2014)

A.

Adoption. The boundaries of the zones established by this Section shall be shown on maps designated "City of Alturas Zone Maps," hereinafter referred to as Zone Maps. The Zone Maps shall be adopted by the City Council in compliance with applicable law, and are hereby incorporated into this chapter by reference as though they were fully set forth herein.

B.

Changes or Amendments. Any changes to the Zone Maps shall be accomplished as set forth in Article VI, Division 4.

C.

Zone District Boundary Interpretation. Interpretation of zone district boundary lines shown on the Zone Maps shall be governed by Section 28.10.030 C.

(Ord. No. 503, 12-16-2014)

Table 28.12.040 lists the Primary Zones that are compatible with the General Plan land use designations described in the Land Use Element of the City of Alturas General Plan. As noted in Section 28.12.020 C, all Overlay Zones are compatible with the General Plan land use designations when applied for the purposes described in Article II of this chapter.

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(Ord. No. 503, 12-16-2014)

ARTICLE II. - ZONES AND THEIR ALLOWED LAND USES DIVISION 1. - OVERVIEW

This Article provides a detailed description of each of the zones listed in Article I, along with their intended application, the Land Uses allowed within each zone, and any Planning Permits required to establish the permitted Land Uses.

(Ord. No. 503, 12-16-2014)

28.20.020 - Relationship between primary zones and allowed land uses.

All the Primary Zones and their allowed Land Uses are shown in the Land Use Matrix in Section 28.22.020. It is important to note that each of the Primary Zones is intended to create a unique environment that will benefit one main type of activity or "Use Type" (agricultural, residential, commercial, industrial, recreational or open space). Although a variety of Land Uses are allowed in each zone, the needs of the Primary Zone's Use Type should be given priority when approving a discretionary permit or a new land use within any given Zone.

(Ord. No. 503, 12-16-2014)

Land Uses may be Primary, Secondary or Accessory as defined under "Use" in Article VIII, and the difference between them is largely a matter of scale.

(Ord. No. 503, 12-16-2014)

Where a particular Land Use is expected to be compatible with the primary Use Type intended for the zone (as described in Section 28.20.020), without the benefit of special operating conditions not otherwise indicated by this chapter, the Land Use Matrix will indicate the use is permitted "by right," meaning an Administrative Permit or Use Permit is not required for the use. However, the use must still operate in accordance with any special Land Use Restrictions referenced by the Land Use Matrix. Land Uses permitted by right within a particular zone are indicated by a "P" in the Land Use Matrix.

(Ord. No. 503, 12-16-2014)

28.20.050 - Land uses allowed by administrative permit or use permit.

Where it is likely that a particular Land Use can be conditioned to be compatible with the Primary Zone's main Use Type (as described in Section 28.20.020), the Land Use Matrix will indicate the Use is permitted upon approval of an Administrative Permit or a Use Permit.

Administrative (AD) Permits are required when a clear set of operating parameters (like restricted operating hours, or enclosure requirements) can be identified that will make a Land Use compatible with the Primary Zone's Use Type. Where an AD Permit is required, operating parameters for the Land Use can be found in Article III.

Use (UP) Permits are required when a wide range of solutions might be available for controlling the undesirable impacts generated by a specific use, and discretion must be used to select the best solution. Where a Use Permit is required, areas of concern may be identified in Article III under the specific Land Use, but in all cases conditions must be identified that satisfy the findings required by Section 28.52.040.

(Ord. No. 503, 12-16-2014)

28.20.060 - Land uses not listed in the land use matrix.

A Land Use that is not listed in the Land Use Matrix in Article II, Division 3 is not allowed within the City except as provided below:

A.

Accessory Uses Allowed. Land Uses that meet the definition of an Accessory Use are permitted in each zone.

B.

Similar and Compatible Land Uses Allowed. A Land Use not listed in this Article is allowable where it has been determined to be a "Similar and Compatible Land Use," as provided below.

1.

Findings Required. Pursuant to Article I, Division 2, the Director (or a higher approval authority) may issue an administrative interpretation relating to land uses that appear to be "Similar and Compatible" with the approved Land Uses within a given zone. To be "Similar and Compatible," all of the following findings must be made:

a.

Both the characteristics of and activities associated with the use are similar in impact and intensity to one or more of the listed uses in the zone, and

b.

The use will be consistent with the purposes of the applicable zone as described in Article II, Division 2, and

c.

The use will be consistent with the General Plan, and

d.

The use will be compatible with the other uses allowed in the zone.

2.

Documentation of Decision. Regardless of the final approval authority, a determination that a use qualifies as a Similar and Compatible Land Use, and the findings supporting the determination, shall be made in writing in the form of a "Determination Letter" as provided by Article I, Division 2.

3.

Applicable Standards and Permit Requirements. When it is determined that a proposed Land Use is similar and compatible to a listed Land Use, the proposed Land Use will be treated in the same manner as the listed Land Use in determining where it is allowed, what permits are required, and what other standards and requirements of this chapter apply.

(Ord. No. 503, 12-16-2014)

Any Land Use identified as being allowable within a specific zone may be established on any Lot within that zone, subject to planning permit requirements indicated in the applicable Land Use Matrix, provided that the development also complies with all applicable Site Planning and Development Standards described in Article IV.

(Ord. No. 503, 12-16-2014)