Calaveras County Municipal Code Ch. 17.16 General Site Regulations

The purpose of this chapter is to ensure development is consistent with the general plan, complies with the regulations of this chapter, and produces an environment that is compatible with existing and future development.

The regulations in this chapter shall apply to all zones, structures, and additions to structures specified in this chapter.

A. Applicability. The provisions of this section apply to roofed structures, including but not limited to garages, carports, barns, sheds, workshops, gazebos, and covered patios which are detached from and accessory to a primary building on the site. These provisions also apply to open, unroofed structures such as decks, and trellises, that are over twenty-four inches in height and are detached from and accessory to a main building on the site.

1. Accessory Dwelling Units. These provisions do not apply to accessory dwelling units, attached or detached, which are subject to the standards of Section 17.25.040, Accessory Dwelling Units.

B. Relation to Existing Uses. A detached accessory structure may only be constructed on a lot on which there is a permitted main use to which the accessory structure is related except as follows.

1. A maximum of one detached accessory structure with a maximum size of one hundred twenty square feet plus one detached accessory structure with a maximum size of five hundred seventy-six square feet may be allowed on a lot without a permitted main use provided neither is plumbed or electrified.

C. Living Quarters Prohibited. The use of detached accessory structures as a dwelling unit is prohibited.

D. Development Standards. Detached accessory structures shall meet the development standards of the zone in which they are located.

A. Proof of Legal Access Required. Proof of legal access from the nearest public road, as indicated by recorded deed, parcel or subdivision map, or other document determined adequate by the planning director, shall be provided for all new construction and site alteration.

B. Construction Standards. Required access shall be constructed in compliance with county standards and all applicable fire safety requirements of Title 15.

A proposed residential development that is located on slopes of fifty percent or more may be subject to one or more of the following requirements per the planning director:

A. Increased lot size.

B. Provisions for alternate access.

C. Engineered or enlarged site plans showing slope; soil stabilization.

D. Implementation of methods of erosion control.

E. Grading plans prepared by a registered civil engineer.

F. Permit denial until necessary requirements to ensure a stable, safe, and adequate building site are taken.

A. Purpose. To prevent irreversible destruction of the county's historic resources, this section is intended to:

1. Establish the county's local register of historically important buildings and structures for purposes of determining what buildings or structures in the county qualify for application of the alternative standards set forth in the State Historical Building Code (California Health and Safety Code § 18950 et seq.).

2. Establish the county's local register of historically important buildings and structures for purposes of determining which proposals to demolish, alter or relocate such buildings or structures require further review before a demolition or building permit is issued by the county.

3. Set forth standards for reviewing and, if applicable, protecting qualifying historical buildings and structures.

4. Implement the Mills Act.

B. Applicability.

1. This chapter applies to exterior alteration to, demolition, or relocation of buildings or structures that are:

a. Listed on the National Register of Historic Places or the California Register of Historic Resources; or

b. Have been determined by the state historical resources commission to be eligible for listing on the National Register of Historic Places or the California Register of Historical Resources; or

c. At least seventy-five years old and meet one or more of the following criteria:

i. Associated with events that have made a significant contribution to the broad patterns of local or regional history or the cultural heritage of California or the United States; or

ii. Associated with the lives of persons important to local, California or national history; or

iii. Embody the distinctive characteristics of a type, period, region or method of construction or represents the work of a master or possess high artistic value; or

iv. Have yielded, or has the potential to yield, information important to the prehistory or history of the local area, California or the nation; and

v. Have not been altered in a manner that substantially diminishes historic significance or integrity of the resource. Integrity, as used in this section, means the authenticity of a resource's historic identity, evidenced by the survival of physical characteristics that existed during the resource's historic or prehistoric period.

C. Determination and Review Procedure.

1. The planning director shall be responsible for determining whether a building or structure proposed for alteration, demolition, or relocation meets the criteria of subsection 17.16.060.B.1, consulting appropriate resource including but not limited to the county archivist.

2. Notwithstanding any other provision of this title, any appeal of the planning director's determination under this subsection shall be limited to determining whether or not the director correctly identified the building or structure as qualifying under subsection 17.16.060.B.1.

D. Mills Act Applicability. Owners of designated landmarks and historic resources identified under subsection 17.16.060.B.1 may apply to the county for a Mills Act contract pursuant to procedures adopted by resolution of the board of supervisors. Such owners may qualify for property tax relief if they pledge to maintain and/or rehabilitate the historical and architectural character of the property for a minimum ten-year period. Contracts are automatically renewed for one year each year and are transferred to new owners when the property is sold.

E. Local Register of Historical Buildings and Places.

1. The county, through adoption of the ordinance from which this chapter is derived, hereby establishes a register of historic resources that includes all buildings and structures that are:

a. Listed on the National Register of Historic Places or the California Register of Historic Resources; or

b. Have been determined by the state historical resources commission to be eligible for listing in the National Register of Historic Places or the California Register of Historical Resources; or

c. At least seventy-five years of age and have been determined by the county to be of historical significance pursuant to subsection 17.16.060.B.1.c and that have been identified through the review process of subsection F below.

2. Buildings, structures, places, and other cultural resources may be added to the local register of historic resources through the procedure established be subsection 17.16.060.F or as may be identified through cultural resources analysis performed pursuant to the California Environmental Quality Act for discretionary project applications submitted to the county.

3. A property owner may voluntarily request to have building, structure, or place added to the local register of historic resources if such resource meets the criteria for listing as determined by the planning director as described in subsection 17.16.060.B.1.

F. Additional Review Required For Demolition, Alteration or Relocation of Historical Buildings; Application of State Historical Building Code.

1. Prior to issuing a demolition permit or a building permit for an alteration or relocation of a building or structure, the building official shall request the planning director's determination of whether or not the demolition, alteration or relocation as proposed involves a building or structure as described in subsection 17.16.060.B.1.

2. If the proposed project affects a building or structure as described in subsection 17.16.060.B.1, the chief building official shall not issue a demolition permit or a permit for alteration or relocation until a conditional use permit as described in subsection 17.16.060.G has first been applied for and approved by the planning commission concerning the proposed demolition, alteration or relocation activity.

3. If the proposed project affects a building or structure as described in subsection 17.16.060.B.1, the chief building official shall apply the State Historic Building Code (California Health and Safety Code § 18950 et seq.) to its review of any demolition permit or permit for alteration or relocation pertaining to that building or structure.

G. Limited Scope Conditional Use Permit.

1. Unless the proposed demolition, alteration or relocation activity is part of a land use project that independently requires a discretionary land use approval by the county, review of the application for a conditional use permit under this chapter shall be limited to a review of potentially significant impacts to the listed historical building or structure as described in subsection 17.16.060.H.

2. If, upon the review described in subsection 17.16.060.H, it is determined that carrying out the proposed demolition, alteration or relocation activity will result in one or more potentially significant impacts to the listed historical building or structure, conditions of approval may be required.

3. If, upon the review described in subsection 17.16.060.H, it is determined that conditions of approval will not suffice to reduce the potential impacts to the listed historical building or structure to less than significant, the application may be denied.

4. Review under the California Environmental Quality Act (CEQA) and/or the National Environmental Policy Act (NEPA) prior to approval of a conditional use permit under this chapter shall, to the extent allowable by law, be limited in scope to reflect the limited scope of discretionary review authorized by this chapter. CEQA and/or NEPA compliance shall be the responsibility of the planning director.

5. If the proposed demolition, alteration or relocation activity is part of a land use project that independently requires a discretionary land use approval through the planning department, the planning commission, or other county department, the review required pursuant to this section shall be added to the review required for this other discretionary land use approval and subsection G.4 above shall not apply. All discretionary use permit applications and procedures under subsection 17.16.060.F that trigger the application of this chapter shall be processed as conditional use permits under Chapter 17.31 of the county code, with review by the planning commission.

6. Except as otherwise stated in this chapter, the application, review, and hearing procedures for permits issued under this chapter shall be the same as those described in Chapter 17.27 of this title.

H. Panel Review of Limited Scope Conditional Use Permit Applications Under This Chapter.

1. After an application for a limited scope conditional use permit under this chapter has been submitted to the planning department and deemed complete, the application shall be reviewed and reported on within thirty days by a panel consisting of the following:

a. The planning director or their designee;

b. The chief building official or their designee; and

c. A designee of the Calaveras County Historical Society.

2. The panel shall be charged with the following tasks, which shall culminate in a written report to the planning director:

a. Determine in writing whether the proposed demolition, alteration or relocation activity will result in one or more potentially significant impacts to the listed historical building or structure described in subsection 17.16.060.B.1. In making this determination, the panel shall utilize the significance criteria described in 14 Cal. Code Regs. Sections 15064.5(b)(1)—(3).

b. If potentially significant impacts are identified to buildings or structures described in subsection 17.16.060.B.1, describe them in writing.

c. If potentially significant impacts are identified pursuant to subsection 17.16.060.B.1, the panel shall describe in writing what, if any, requirements or conditions can be feasibly imposed as a condition of the county's approval of the proposed activity that will reduce impacts to the point of insignificance.

i. In developing these requirements and conditions, the panel shall consider the guidelines in the U.S. Secretary of the Interior's Standards for Treatment of Historic Properties (1992).

ii. The panel shall not impose conditions that exceed those necessary to reduce the identified impacts to the point of insignificance.

iii. If the panel identifies more than one potential condition that could feasibly be imposed to reduce an identified impact to the point of insignificance, the panel shall present these as options that the applicant may choose from.

iv. A requirement or condition that would result in a violation of this title or of other local, state, or federal laws, ordinances, or regulations, including but not limited to the State Historical Building Code, cannot be feasibly imposed.

d. State in writing whether or not the imposition of the requirements or conditions described in subsection 17.16.060.F.2.c will mitigate all identified impacts to the point of insignificance.

3. After receiving the panel's report, the planning director shall develop and submit their recommendations for CEQA compliance and permit issuance to the planning commission for review. The staff report developed for the planning commission hearing on the limited scope conditional use permit shall include the report of the panel described in subsection 17.16.060.H.2.

I. Planning commission review of limited scope conditional use permit.

1. The planning commission shall not approve the limited scope conditional use permit without:

a. A finding that CEQA has been complied with.

b. A finding that the approval of the permit is consistent with the general plan and any applicable community plan.

c. A finding that the proposed activity involves a structure or building described in county code subsection 17.16.060.B.1.

d. A finding that the commission has read and considered the report prepared by the review panel pursuant to subsection 17.16.060.H.2.

e. An explanation of what conditions of approval, if any, will be imposed and why they are required to reduce potential impacts to the historical characteristics of the building or structure to the point of insignificance.

2. Conditions of project approval shall be limited to those measures or requirements that are necessary to reduce or eliminate the impacts to the historical characteristics of the building or structure as described in this chapter. No conditions shall be imposed for which there is not a reasonable relationship between the condition and the direct effects of the project on the historical characteristics of the building or structure.

J. Maintenance and Repair.

1. Nothing in this section prohibits the ordinary maintenance and repair of any exterior feature of any building or structure on property listed in the local register; however, such maintenance or repair shall not involve a change in the design or result in the modification, demolition or removal of any architectural feature of the property.

2. The prohibitions of this section shall not apply to the demolition of a structure that has been damaged due to a natural disaster and the structure presents an imminent threat to the public or damage to adjacent property, as determined by the building official; or when the state office of historic preservation determines, pursuant to California Public Resources Code Section 5028 that the structure may be demolished, destroyed, or significantly altered.

(Ord. No. 3213, § 1, 1-14-2025)

A. Purpose. The purpose of this section is to implement the State Density Bonus Law, California Government Code Section 65915.

B. Applicable Zoning Districts. This section shall be applicable in all zones that allow residential uses.

C. Qualifications. All proposed housing developments that qualify under California Government Code Section 65915 for a density increase and other incentives, and any qualified land transfer under California Government Code Section 65915 shall be eligible to apply for a density bonus (including incentives and/or concessions) consistent with the requirements, provisions and obligations set forth in California Government Code Section 65915, as may be amended.

D. Density Bonus, Incentives and Concessions. The county shall grant qualifying housing developments and qualifying land transfers a density bonus, the amount of which shall be as specified in California Government Code Section 65915 et seq., and incentives or concessions also as described in California Government Code Section 65915 et seq.

E. Application. An application for a density bonus or other incentive under this section for a housing development shall be submitted in writing to the planning department to be processed concurrently with all other entitlements of the proposed housing development. The application for a housing development shall contain information sufficient to fully evaluate the request under the requirements of this section, and in connection with the project for which the request is made, including, but not limited to, the following:

1. A brief description of the proposed housing development; and

2. The total number of housing units proposed in the development project, including unit sizes and number of bedrooms; and

3. The total number of units proposed to be granted through the density increase and incentive program over and above the otherwise maximum density for the project site; and

4. The total number of units to be made affordable to or reserved for sale or rental to, very low, low, or moderate income households, or senior citizens, or other qualifying residents; and

5. The zoning, general plan designations and assessor's parcel number(s) of the project site; and

6. A vicinity map and preliminary site plan, drawn to scale, including building footprints, driveway(s) and parking layout; and

7. A list of any concession(s) or incentive(s) being requested to facilitate the development of the project, and a description of why the concession(s) or incentive(s) is needed.

F. Review and Consideration. The application shall be considered by the planning commission or board of supervisors at the same time the project for which the request is being made is considered. If the project is not to be otherwise considered by the planning commission or the board of supervisors, the request being made under this section shall be considered by the planning director. The request shall be approved if the applicant complies with the provisions of California Government Code Section 65915 et seq.

G. Continued Affordability. Consistent with the provisions of California Government Code Section 65915 et seq., prior to a density bonus or other incentives being approved for a project, the county and the applicant shall agree to an appropriate method of assuring the continued availability of the density bonus units.

A. Setback Requirements. Setbacks required by zoning district standard, subdivision approval, specific use standard, development approval, or other regulation or approval pursuant to this title shall be unobstructed from the ground to the sky except where allowed pursuant to a specific development approval or identified as an allowed encroachment below.

1. Allowed Encroachments into Required Setbacks. Unless limited by another regulation or permit requirement, the following may encroach into required setback areas subject to all applicable requirements of the building code, fire safety codes, and other applicable codes and regulations.

a. Eaves and Overhangs. Eaves, overhangs, and similar architectural features may project up to ⅓ the required setback, but shall project no closer than three feet from the property line.

b. Accessways and Utilities. Roads, driveways, or walkways; parking areas; utility poles and lines; guy wires; and similar features.

c. Landscaping and Incidental Furnishings. Flag poles, landscaping, planters, incidental yard furnishings, and similar features.

d. Fences and Walls. Fences, retaining walls, decorative walls, arbors, trellises, and similar features, subject to applicable requirements of Title 15, Building and Construction.

e. Docks. Docks permitted by tri-dam authority or other applicable authorities.

f. Mechanical Equipment. Mechanical equipment such as heating and air conditioning units, and generators no closer than three feet from property line. All mechanical equipment located within the required front setback must be screened with landscaping or a solid fence.

g. Propane Tanks. Propane tanks may encroach provided they are located in compliance with Section 6104 of the California Fire Code. All propane tanks located within the required front setback must be screened with landscaping or a solid fence.

h. Water Tanks (less than five thousand gallons). Water tanks with a capacity under five thousand gallons.

i. Structures to Ensure Safe Access. In sloped areas, parking decks, staircases, and other structures determined necessary by the planning director may encroach into the required front setback in order to provide safe access.

j. Small Shed. One shed less than one hundred twenty square feet in size and less than twelve feet in height, and not requiring a building permit, may encroach within the required interior side and rear setback areas.

B. Stream and Wetland Setbacks. All new development shall be setback a minimum fifty feet from the top of bank line of an intermittent or perennial stream and from the outer edge of wetland habitat determined by a field survey. This required setback may be adjusted with administrative use permit approval where the planning director determines, based on a qualified biologist's recommendation, that a different setback is appropriate to adequately protect the stream or wetland from degradation, encroachment, or loss.

1. Development. For the purposes of this section, development is as defined in Chapter 17.43, Definitions, and includes structures, buildings of any type, swimming pools, driveways, parking areas, patios, platforms, decks, liquid storage tanks, and broken concrete rubble, earth fill or other structural debris or fill.

2. Exceptions. The only activities and development allowed within the required setback are the following when located, developed, and conducted consistent with the general plan, other county policy documents, or environmental documents and, where applicable, approved by the county and any other governmental agency having jurisdiction over them.

a. Agricultural activities that utilize best management practices (BMPs), as recommended by the agriculture commission.

b. Fencing that does not interfere with the flow of waters or identified wildlife migration corridors.

c. Access necessary for the maintenance of the property and/or allowed uses and development.

d. Drainage facilities designed to eliminate or minimize increases in the rate and amount of stormwater discharge.

e. Vegetation cutting or removal for normal maintenance, related to restoration and enhancement of the stream and riparian habitat, and/or to permit adequate flow of water, facilitate drainage, prevent flooding, and/or comply with fire safe regulations. Such cutting or removal of vegetation shall be limited to the minimum amount necessary, with special care to avoid removal of vegetation immediately adjacent to the banks of the stream or wetland.

f. Fill, grading, or excavating for purposes of low intensity, passive recreation or conservation uses designed and executed to minimize erosion, sedimentation, or runoff in or into the stream or wetland.

g. Minor restoration or maintenance necessary to prevent flooding, reduce siltation, remove debris, and minor weed abatement activity necessary to protect life or property or otherwise provide for the public health and safety.

3. Dedication of Drainage and Scenic Easements. The county may, as a condition of a development permit or subdivision, require the dedication of a drainage and/or scenic easement over and maintenance of each stream channel within the top of each bank or such other distance as specified by the review authority to avoid excavation, filling, development or construction that could adversely affect the public health and safety by aggravating drainage flows during flooding conditions or interfering with the stream or wetland habitat.

C. Agricultural Buffers.

1. Purpose. The purpose of the agricultural buffer requirement is to provide for the long-term viability of agricultural operations and minimize potential conflicts between agricultural uses and new, non-agricultural development and uses.

2. Required Buffer. New residential dwellings, residential dwelling building sites, and structures or outdoor areas designed for residential habitable space shall maintain a buffer separation from any lot line of any lot in the resource production general plan land use category.

3. Buffer Size. The size of the buffer separation shall be a minimum of 400 feet. This buffer requirement may be adjusted with administrative use permit approval where the planning director determines, in consultation with the agricultural commissioner that:

a. Specific site characteristics exist such as topography, prevailing winds, vegetation, and other site features provide adequate buffering such that the required setback is not necessary to promote and protect agriculture and protect public health and safety; or

b. Site constraints such as size and configuration are such that the required buffer is infeasible, and the reduced setback provides the maximum feasible buffer from the agricultural use.

4. Use of Buffers.

a. Agricultural buffers shall not be used for dwellings, structures designed for human occupancy, or outdoor areas designed for intensive human use.

b. The agricultural buffer shall incorporate vegetative or other physical barriers as determined necessary to minimize potential land use conflicts.

c. Agricultural buffers may accommodate drainage, trails, roads, other facilities or infrastructure, landscaping, and other uses that would be compatible with ongoing agricultural operations.

Antennae, chimneys, poles, silos, stair towers, roof top mechanical equipment and associated screening, and safety devices may exceed the maximum permitted height for the zoning district in which they are located, subject to limitations within the airport overflight overlay zone and other limitations within this title. Stair towers and mechanical equipment shall not exceed the maximum permitted height for the zoning district in which they are located by more than ten feet.

A. Purpose. The purpose of this section is to enhance the character of our communities and rural areas by minimizing light pollution, glare, and light trespass caused by inappropriate or misaligned light fixtures or luminaires. The intent of the following standards is to ensure that outdoor lighting does not constitute a hazard or danger to persons or vehicular travel and to prevent glare and light trespass on adjacent properties and light pollution in the night sky. To ensure a continued ability to enjoy the night sky and minimize conflicts with neighbors, it is necessary to adopt standards for outdoor lighting to accomplish the following objectives:

1. Encourage a less light-oriented nighttime environment for residents, businesses, and visitors, consistent with the concurrent need for nighttime safety, security, and productivity.

2. Require a reduction in unnecessary light intensity and glare, while minimizing light pollution and trespass onto adjacent properties.

3. Protect the ability to view the night sky by restricting unnecessary upward projections of light.

4. Promote energy conservation and a reduction in greenhouse gas emissions that can result from excessive or unwanted outdoor lighting.

B. Applicability. The standards of this section apply to all new or replaced outdoor luminaires, light fixtures, and/or systems and to existing lighting as provided below unless specifically exempted below or required pursuant to any other applicable code or regulation.

1. Existing Lighting. Adjustable light fixtures that can be redirected without requiring replacement or reconstruction of the fixture shall be redirected to prevent glare and light spillover onto adjacent properties consistent with the requirements of this section.

2. New and Replaced Lighting. The standards of this section apply to all new or replaced outdoor luminaires, light fixtures, and/or systems, except as specifically exempted pursuant to Subsection B.3, Exemptions.

3. Exemptions. The following lighting is exempt from the provisions of this section.

a. Lighting not under the jurisdiction of the county

b. Safety and Security Lighting. Security lighting necessary for public safety facilities.

c. Construction and Emergency Lighting. All construction or emergency lighting fixtures, provided they are temporary and are discontinued immediately upon completion of the construction work or abatement of the emergency.

d. Temporary Seasonal Lighting. Temporary seasonal lighting displays related to cultural or religious celebrations.

e. Luminaries with a maximum output of sixty lumens, including solar lights.

f. Underwater lights used to illuminate swimming pools, spas, fountains, and other water features.

g. Temporary lighting for agricultural activities of a limited duration.

C. Prohibitions. The following types of exterior lighting are prohibited.

1. Searchlights. The operation of searchlights and/or laser lights for advertising purposes.

2. Mercury Vapor. The operation of mercury vapor lights for any purpose.

3. Low Pressure Sodium. Low pressure sodium lights in residential and commercial zones.

4. Any lights operated in such a manner as to constitute a hazards or danger to persons or vehicular travel.

D. General requirements.

1. Compliance With State Codes & Regulations. All lighting installations shall comply with the currently adopted versions of the California Energy Code, California Green Building Standards Code, and all other codes, regulations, & laws applicable to lighting projects with respect to efficiency, lighting controls, minimum & maximum light levels, and other considerations governed by such codes.

2. Maximum Light Levels at Property Lines. The light level at property lines shall not exceed 0.1 foot-candles, except as provided below or where allowed through the approval of a conditional use permit.

a. Abutting or Within a Commercial or Industrial Zone. Where a property is located within a commercial or industrial zone and the neighboring property is located within a commercial or industrial zone, the maximum lighting level at the shared property line shall be ¼ foot-candles.

3. Shielding. All outdoor light fixtures shall be fully shielded or full cut off, except as provided below or as specifically stated in another part of this code.

a. Decorative string lights are not required to be shielded.

b. Outdoor light fixtures used for outdoor recreational facilities shall be fully shielded except when such shielding would cause impairment to the visibility required in the intended recreational activity. In such cases, partially shielded fixtures and downward lighting methods shall be utilized to limit light pollution, glare, and light trespass.

c. Partially shielded light fixtures are allowed provided the light source is obscured by translucent glass or other means, the light fixture does not exceed eight hundred fifty lumens, and the lighting complies with all other provisions of this section.

d. Unshielded light fixtures may be allowed provided the light source is obscured by translucent glass or other means, the light fixture does not exceed six hundred lumens, and the fixture is located within a covered porch or under a roofed area where no upward directed lighting may escape.

4. Glare Prevention. All lights shall be selected, directed, and oriented to prevent light spillover and glare onto adjacent properties. No unobstructed beam of exterior light shall be directed off-site.

5. Timing Controls. All outdoor lighting in nonresidential development shall utilize a time clock, photo-sensor, motion controls, and/or other lighting control systems to prevent operation during daylight hours, when the building or site is not in use, and when the lighting is not required for security except as follows.

a. Code Required Lighting. Building, emergency, or other construction and safety code required lighting for steps, stairs, walkways, entrances, parking areas, and other building and site features that is dimmed to the minimum light level necessary to meet code requirements.

6. Kelvin. Light fixtures for outdoor security lighting shall not exceed 5,000 Kelvin. All other outdoor light fixtures shall not exceed 3,500 Kelvin.

7. Maximum Height. Lighting fixtures shall be installed at the lowest height required to achieve the design purpose of the lighting fixture.

a. Building Mounted. Light fixtures shall not exceed the height of the building upon which it is attached.

b. Freestanding Light Fixtures. The maximum height of freestanding light fixtures and lighting fixtures mounted on a structure or feature other than a building is as follows:

i. Within and/or within twenty-five feet of a residential zone: sixteen feet from finished grade.

ii. Other locations: thirty feet from finished grade.

c. Exceptions: The director may allow additional height of up to twenty percent of the allowed height for activities, uses, or development with unique lighting needs where the additional light fixture height will not appreciably interfere with the enjoyment of the night sky on nearby properties.

8. Uplighting. Uplighting is allowed for government flags and commemorative objects such as statues and plaques with a narrow beam focused on the top of the flagpole or commemorative object, subject to the following standards.

a. Flagpoles less than fifty feet in height: maximum four hundred lumens.

b. Flagpoles fifty feet or more in height: maximum five hundred lumens.

c. Statues, plaques, and other commemorative objects: maximum three hundred lumens.

9. Sign Illumination. Sign illumination shall be in compliance with Section 17.24.090, Illumination.

E. Submittal of Plans and Evidence of Compliance. Any application for a permit that includes outdoor light fixtures subject to the standards of this section shall include evidence that the proposed outdoor lighting will comply with all the standards of this section. The application shall include:

1. Plans showing the location and height of all outdoor lighting fixtures.

2. Description of the outdoor lighting fixtures including luminaire, lamp or bulb type, wattage, lumen output, temperature rating, and shielding.

3. Photometric plans showing foot-candle readings every ten feet within the property or site and ten feet beyond the property lines, except as provided below.

a. Applications for outdoor lighting associated with residential development and property-owner installed lighting are not required to submit photometric plans unless requested by the director due to project location, size, use, and proposed lighting.

4. The above plans and descriptions shall be sufficiently complete to enable the plan examiner to readily determine whether compliance with the requirements of this section have been met.

A. Applicability. The standards of this section shall apply to storage of goods, materials, machines, equipment, and inoperable vehicles or parts outdoors for more than seventy-two hours.

B. Location. Outdoor storage shall be located entirely within the parcel and outside of pedestrian ways, parking, and circulations areas, and required landscaped areas.

C. Perimeter Fencing Required. There shall be a minimum six-foot-high, minimum eighty percent solid fence around the perimeter of outdoor storage areas located within, or within fifty feet of, a residential or commercial zoning district.

Any legally existing agriculture land use (farming, ranching, orchard, livestock, row crops, food processing) is considered to have a right to enjoy the productive and economic fruits of labors without fear of infringement on this right by encroaching residential or other non-agriculture development on adjoining parcels and lands in the general vicinity. The right to farm shall take precedence over all other adjoining and nearby land uses.

Swimming pools, spas, and any manmade body of water having a depth of more than eighteen inches and related equipment shall comply with the following standards.

A. Location of Swimming Pool or Spa. The inside wall of the water-containing portion of any swimming pool or spa shall be located a minimum of five feet from any property line.

B. Location of Pool or Spa Related Equipment. Aboveground pool or spa related equipment, including, but not limited to motors, filters, slides, shall comply with the standard setbacks of the zoning district or be located a minimum of five feet from the property line, whichever results in a lesser required setback.

C. Location of Pool or Spa Related Structures. Awnings, outbuildings, and other structures associated with the swimming pool or spa, are required to comply with the standard setbacks of the zone district.

A. Purpose. The purpose of this section is to reduce potential vehicle conflicts at public intersections and private driveways through the regulation of obstructions that may interfere with the view of approaching traffic.

B. Applicability. The regulations in this section shall apply to all corner parcels and to all parcels containing or abutting a parcel containing a right of way easement, or driveway.

C. Measurement of Visual Clearance Area. The required visual clearance area shall be determined as follows:

1. Corner Parcels. On corner parcels, the visual clearance area shall consist of a triangle having two sides thirty-five feet long, running along each right of way or roadway, said length beginning at their intersection, and the third side formed by a straight line connecting the two ends. See Figure 17.16.140, Visual Clearance Area.

2. Parcels Containing or Abutting a Right of Way Easementor Driveway. On parcels containing or abutting a parcel containing a right of way easement or driveway, the visual clearance area shall consist of a triangle having two sides thirty-five feet long, running along each side of the driveway/right of way easement and the edge of the roadway, said length beginning at their intersection, and the third side formed by a line connecting the two ends. See Figure 17.16.140, Visual Clearance Area.

3. Obstructions in Visual Clearance Area. It is unlawful to install or maintain any view obstructing structure, fence, wall, hedge, or other obstacle between two feet, six inches and eight feet above the nearest roadway surface or right of way easement within the required visual clearance area.

[Figure: FIGURE 17.16.140: VISUAL CLEARANCE AREA]

FIGURE 17.16.140: VISUAL CLEARANCE AREA