Chapter 82-52 — FARMWORKER HOUSING[[7]]

Footnotes:

--- ( 7 ) ---

Editor's note— Ord. No. 2017-14, § II, adopted September 19, 2017, set out provisions for use herein as ch. 82-50. Inasmuch as a ch. 82-50 already existed at the time of codification, those provisions have been included as ch. 82-52, to read as set out herein.

Article 82-52.2. - General

The purpose of this chapter is to establish requirements and standards for housing accommodations for five or more farmworkers. This chapter is intended to be consistent with the Employee Housing Act (Health and Safety Code section 17000 et seq.), which regulates housing accommodations for five or more employees. Housing accommodations for four or fewer farmworkers are not regulated separately by the County Zoning Code, but must comply with all zoning requirements of the zoning district where the housing accommodations are located.

(Ord. No. 2017-14, § II, 9-19-17)

For purposes of this chapter, the following words and phrases have the following meanings:

(a)

"Agricultural employee" has the meaning set forth in Labor Code section 1140.4.

(b)

"Agricultural employer" has the meaning set forth in Labor Code section 1140.4.

(c)

"Agricultural workplace" means a location where one or more farmworkers engage in agriculture.

(d)

"Farmworker" means the same as "agricultural employee," as defined in Labor Code section 1140.4.

(e)

"Farmworker housing" means a housing accommodation developed for, or provided to, farmworkers. Farmworker housing may be a farmworker dwelling, a farmworker housing complex, or a farmworker housing center.

(f)

"Group housing" means farmworker housing for seven or more farmworkers in group living quarters, such as barracks or a bunkhouse.

(g)

"Permanent housing" means farmworker housing that is not temporary or seasonal.

(h)

"Rural area" has the meaning set forth in Health and Safety Code section 50101.

(i)

"Seasonal housing" means farmworker housing that is operated annually on the same site and is occupied for not more than 180 days in any calendar year.

(j)

"Temporary housing" means farmworker housing that is not operated on the same site annually, but is established for one agricultural operation on one site and then removed from that site.

(Ord. No. 2017-14, § II, 9-19-17)

Article 82-52.4. - Standards

A farmworker dwelling must comply with the following development standards:

(a)

Housing Type. A farmworker dwelling may only be a residential dwelling or an accessory dwelling unit.

(b)

Occupancy. A farmworker dwelling may only be occupied by five or six farmworkers, subject to the provisions of section 82-52.408.

(c)

Floor Area. The maximum floor area allowed for a farmworker dwelling is 1,200 square feet. If the farmworker dwelling is an accessory dwelling unit, then it must comply with the size and floor area requirements set forth in Chapter 82-24.

(d)

Location. A farmworker dwelling may be located in any zoning district where a single family dwelling is allowed.

(e)

Parcel Size. The minimum parcel size for a farmworker dwelling is the same as the minimum parcel size for a residential use in the same zoning district where the property is located.

(Ord. No. 2017-14, § II, 9-19-17)

A farmworker housing complex must comply with the following development standards:

(a)

Housing Type. A farmworker housing complex may include any type of housing other than single-family residential housing, including, but not limited to, mobile homes, manufactured housing, tents, recreational vehicles, travel trailers, maintenance-of-way cars, and group housing. A farmworker housing complex may not exceed twelve residential units if it is not group housing. A farmworker housing complex may not exceed thirty-six beds if it is group housing.

(b)

Occupancy. A farmworker housing complex may be occupied by seven or more farmworkers, subject to the provisions of Section 82-52.408.

(c)

Location. One farmworker housing complex may be located on a legal lot in an agricultural zoning district (A-2, A-3, A-4, A-20, A-40 and A-80).

(d)

Floor Area. The maximum floor area allowed for a farmworker housing complex is three thousand five hundred square feet.

(e)

Parcel Size. The minimum parcel size for a farmworker housing complex is the same as the minimum parcel size for an agricultural use in the agricultural zoning district where the property is located.

(Ord. No. 2017-14, § II, 9-19-17)

A farmworker housing center must comply with the following development standards:

(a)

Housing Type. A farmworker housing center may include any type of housing other than single-family residential housing, including, but not limited to, mobile homes, manufactured housing, tents, recreational vehicles, travel trailers, maintenance-of-way cars, and group housing. A farmworker housing center may exceed 12 residential units if it is not group housing. A farmworker housing center may exceed 36 beds if it is group housing.

(b)

Occupancy. A farmworker housing center may be occupied by seven or more farmworkers, subject to the provisions of Section 82-52.408.

(c)

Location. One farmworker housing center may be located on a legal lot in an agricultural zoning district (A2, A-3, A-4, A-20, A-40 and A-80).

(d)

Parcel Size. The minimum parcel size for a farmworker housing center is the same as the minimum parcel size for an agricultural use in the zoning district where the property is located.

(Ord. No. 2017-14, § II, 9-19-17)

82-52.408 - Occupancy.

(a)

Farmworker housing must be occupied exclusively by farmworkers, except as provided in subsection (b) or (c).

(b)

At least fifty-one percent of the structures in a farmworker housing accommodation must be occupied by farmworkers if the farmworker housing meets all of the following conditions: it is separated into units; it is not provided by an agricultural employer; it is not provided in connection with an agricultural workplace; it is located in a rural area; it is subject to the State Housing Law (Health and Safety Code section 17910 et seq.); and it is at least thirty years old.

(c)

At least fifty-one percent of a farmworker housing accommodation must be occupied by farmworkers if the farmworker housing meets all of the following conditions: it is not separated into units; it is not provided by an agricultural employer; it is not provided in connection with an agricultural workplace; it is located in a rural area; it is subject to the State Housing Law (Health and Safety Code section 17910 et seq.); and it is at least thirty years old.

(Ord. No. 2017-14, § II, 9-19-17)

(a)

Farmworker housing may be temporary housing, seasonal housing, or permanent housing if the housing is provided by an agricultural employer and is maintained at or in connection with an agricultural workplace.

(b)

If farmworker housing for five or more farmworkers is not provided by an agricultural employer and is not provided in connection with an agricultural workplace, then the farmworker housing must be located in a rural area and the farmworker housing may be one of the following:

(1)

Temporary housing;

(2)

Seasonal housing; or

(3)

Permanent housing, as long as the farmworker housing: (i) is a mobile home, manufactured home, travel trailer, or recreational vehicle; or (ii) is subject to the State Housing Law (Health and Safety Code section 17910 et seq.,), is at least thirty years old, and at least fifty-one percent of the housing is for farmworkers.

(Ord. No. 2017-14, § II, 9-19-17)

Farmworker housing must comply with the height requirements that apply in the zoning district where the property is located.

(Ord. No. 2017-14, § II, 9-19-17)

(a)

Farmworker housing must comply with the setback requirements that apply in the zoning district where the property is located.

(b)

Farmworker housing must be located a minimum of seventy-five feet from any barn, pen, or other structure that houses livestock or poultry, and a minimum of fifty feet from any other agricultural use.

(Ord. No. 2017-14, § II, 9-19-17)

82-52.416 - Off-street parking.

A farmworker housing complex or a farmworker housing center must have at least one off-street parking space for each residential unit or one off-street parking space for every three beds, whichever is more.

(Ord. No. 2017-14, § II, 9-19-17)

82-52.418 - Access.

Farmworker housing must have safe access to and from a public road. Access must be provided with a durable, dustless surface, such as gravel or a similar permeable surface, or asphalt. A defined point of ingress and egress must be provided.

(Ord. No. 2017-14, § II, 9-19-17)

82-52.420 - Other zoning requirements.

Farmworker housing must comply with all zoning requirements of the zoning district where the farmworker housing is located, unless those requirements conflict with the requirements of this chapter. If there is any conflict between the requirements of this chapter and those of the underlying zoning district, the requirements of this chapter will govern.

(Ord. No. 2017-14, § II, 9-19-17)

Article 82-52.6. - Permits and Fees

82-52.602 - County farmworker housing permits.

A person must obtain one of the following three types of County farmworker housing permits before operating farmworker housing:

(a)

Farmworker Dwelling Permit. A ministerial permit is required before a farmworker dwelling may be established under this chapter. An application for a farmworker dwelling permit will be decided without discretionary review or public hearing.

(b)

Farmworker Housing Complex Permit. A ministerial permit is required before a farmworker housing complex may be established under this chapter. An application for a farmworker housing complex permit will be decided without discretionary review or public hearing.

(c)

Farmworker Housing Center Permit. A land use permit is required for a farmworker housing center. An application for a land use permit for a farmworker housing center will be decided in accordance with Article 26-2.20.

(Ord. No. 2017-14, § II, 9-19-17)

82-52.604 - Application requirements.

The following information must be included in an application for a County farmworker housing permit:

(a)

The housing type.

(b)

The number of residential units or beds.

(c)

A description of whether the housing will be temporary, seasonal, or permanent housing.

(d)

The number of farmworkers occupying the housing.

(e)

The agricultural employer for whom the farmworkers will work.

(f)

The agricultural workplace where the farmworkers will work.

(g)

The entity responsible for housing maintenance and upkeep.

(Ord. No. 2017-14, § II, 9-19-17)

Farmworker housing for five or more employees is subject to the permitting requirements of the Employee Housing Act. A person intending to operate farmworker housing must obtain and maintain a permit to operate or an exemption from the California Department of Housing and Community Development,

pursuant to the Employee Housing Act and the State Housing Law Regulations (California Code of Regulations, Title 25, Section 600 et seq.), before the County issues a permit for farmworker housing for five or more employees.

(Ord. No. 2017-14, § II, 9-19-17)

A holder of a County farmworker housing permit must submit an annual verification by May 15 of each year to the Conservation and Development Director on a form provided by the Director. The permittee must verify that all of the information provided in its permit application is still accurate and provide proof that its permit to operate or its exemption from the California Department of Housing and Community Development is in good standing.

(Ord. No. 2017-14, § II, 9-19-17)

82-52.610 - Fees.

Application fees, review fees, and permit fees for farmworker housing will be in amounts established by the Board of Supervisors in the Department of Conservation and Development's fee schedule. These fees are subject to the limits specified in Health and Safety Code sections 17021.5 and 17021.6.

(Ord. No. 2017-14, § II, 9-19-17)

(a)

The issuance of a permit for farmworker housing does not authorize any other use. If the use authorized by a farmworker housing permit is discontinued, then the property must comply with all applicable zoning requirements that exist at the time the farmworker housing use is discontinued.

(b)

Farmworker housing may be subject to other ordinances, statutes and regulations, including, but not limited to, those administered by the building department, health department, public works department, and agricultural commissioner's office. The establishment of farmworker housing under this chapter does not relieve anyone from the obligation to obtain all other permits and licenses required by this code or state or federal law.

(c)

Farmworker housing must comply with the Employee Housing Act and, when applicable, the Mobilehome Parks Act (Health and Safety Code section 18200 et seq.) and the Special Occupancy Parks Act (Health and Safety Code section 18860 et seq.).

(d)

Permits for the permanent installation of facilities to accommodate mobile homes and recreational vehicles must be obtained from the enforcement agency that enforces the Mobilehome Parks Act (Health and Safety

Code section 18200 et seq.).

(Ord. No. 2017-14, § II, 9-19-17)

Division 84 - LAND USE DISTRICTS Chapter 84-2 - GENERAL PROVISIONS

(a)

The location and boundaries of the land use districts established by this division are shown on a map entitled "Zoning Map of Contra Costa County." The zoning map, including symbols, boundaries, notations, legends, and all other information shown on the zoning map, is adopted by this reference and incorporated into this division. This adoption of the zoning map does not change the land use classification of any land.

(b)

The zoning map, certified by the community development director, is on file with the clerk of the board of supervisors. A paper version and a digital version of the zoning map are available for public inspection at the community development department.

(c)

When a zoning ordinance or amendment to a zoning ordinance changes any property from one zone to another, the community development director will record the change on the zoning map. All changes so recorded are made a part of the zoning map and incorporated into this division.

(d)

If the boundaries of a land use district are not clearly identifiable on the zoning map, the following rules of interpretation apply:

(1)

Where a boundary line appears to follow a street, highway, or right-of-way, the boundary is deemed to be the centerline of the street, highway or right-of-way.

(2)

Where a boundary line appears to follow a lot line or property line, the boundary is deemed to be the lot line or property line.

(3)

Where a boundary line appears to divide a lot or parcel, the location of the boundary is determined by the scale contained on the zoning map.

(4)

Where there is an obvious mistake that can be corrected by reference to documents on file with the community development department, or where there is a minor discrepancy between the paper version and the digital version of the zoning map, the community development director may identify the boundary.

(5)

If any further uncertainty exists, the planning commission will determine the location of boundaries.

(Ords. 2005-03, § 3, 78-93: prior code § 8140: Ord. 382).

The use of all land in the unincorporated territory of this county, within the districts shown on the zoning map described in this chapter, is subject to the provisions of this Division 84. Land is classified for the regulation of its use as set forth in this division. The land use districts set forth in this division are established for all this territory, and the land use districts designated on the zoning map adopted by Section 84-2.002 are established and classified in this division.

(Ords. 2005-03, § 3, 78-93: prior code § 8141: Ord. 382).

Variance permits to modify the area coverage and height provisions contained in subsections (1) and (2) of Section 82-4.212 may be granted in accordance with Chapters 26-2 and 82-6.

(Ord. 96-4 § 3).

Chapter 84-4 - R-6 SINGLE-FAMILY RESIDENTIAL DISTRICT

Article 84-4.2. - General

All land within an R-6 single-family residential district may be used for any of the following uses, under the following regulations set forth in this chapter.

(Ord. 1569: prior code § 8142 (part): Ords. 1269, 1179).

Article 84-4.4. - Uses

The following uses are allowed in an R-6 district:

(1)

A detached single-family dwelling on each lot and the accessory structures and uses normally auxiliary to it.

(2)

Crop and tree farming.

(3)

Publicly owned parks and playgrounds.

(4)

A residential care facility for the elderly, operated by a person with all required state and local agency approvals or licenses, where no more than six persons reside or receive care, not including the licensee or members of the licensee's family or persons employed as facility staff.

(5)

A small family child care home or a large family child care home, as those terms are defined in California Code of Regulations, title 22, section 102352(f)(1), that has obtained all required state and local agency approvals and licenses.

(6)

Bird enclosures in compliance with the provisions of Chapter 82-50.

(7)

Accessory dwelling units and junior accessory dwelling units in compliance with the provisions of Chapter 82-24.

(8)

Urban farm animal raising and keeping in compliance with the provisions of Chapter 82-50.

(9)

An urban housing development in compliance with the provisions of Chapter 88-36.

(10)

Supportive housing, operated by a person with all required state and local agency approvals and license, where not more than six persons reside.

(11)

Transitional housing, operated by a person with all required state and local agency approvals and license, where not more than six persons reside.

(Ord. of 2018-06, § IV, 5-1-18; Ord. No. 2017-14, § V, 9-19-17; Ords. 2003-17 § 4, 86-43 § 2, 78-83 § 1, 7751 § 2, 68-25 § 2: prior code § 8142(a): Ords. 1269 § 1, 1179 § 3, 1039, 1028, 382 § 4A).

(Ord. No. 2022-37, § II, 12-6-22; Ord. No. 2022-14, § III, 3-29-22; Ord. No. 2020-01, § VI, 1-21-20)

The following uses may be allowed in an R-6 district on the issuance of a land use permit:

(1)

Hospitals, eleemosynary and philanthropic institutions, and convalescent homes.

(2)

Churches and religious institutions and parochial and private schools.

(3)

Community buildings, clubs, and activities of a quasi-public, social, fraternal or recreational character, such as golf, tennis, and swimming clubs, and veterans' and fraternal organizations.

(4)

Greenhouses, over three hundred square feet.

(5)

More than one detached dwelling unit on a lot or parcel, if the density is not greater than the following:

R-6 district — Six thousand square feet per dwelling unit.

R-7 district — Seven thousand square feet per dwelling unit.

R-10 district — Ten thousand square feet per dwelling unit.

R-15 district — Fifteen thousand square feet per dwelling unit.

R-20 district — Twenty thousand square feet per dwelling unit.

R-40 district — Forty thousand square feet per dwelling unit.

R-65 district — Sixty-five thousand square feet per dwelling unit.

R-100 district — One hundred thousand square feet per dwelling unit.

D-1 district — No density restriction.

F-1 district — No density restriction.

(6)

Commercial nurseries. A land use permit application shall include a site plan indicating planting and landscaping areas, existing and proposed structures, and plans and elevations to indicate architectural type.

(7)

Medical and dental offices and medical clinics.

(8)

Publicly owned buildings and structures except as provided in Division 82.

(9)

A child care center, as the term is defined in California Code of Regulations, title 22, section 101152(c)(7), that has obtained all required state and local agency approvals and licenses.

(10)

Commercial radio and television receiving and transmitting facilities other than broadcasting studios and business offices.

(11)

The installation of exterior lighting at a height of seven feet or more above the finished grade of the parcel except exterior light placed upon the single-family residence.

(12)

Supportive housing, operated by a person with all required state and local agency approvals and licenses, where seven or more persons reside.

(13)

Transitional housing, operated by a person with all required state and local agency approvals and licenses, where seven or more persons reside.

(Ords. 2003-17 § 5, 87-67 § 4, 86-43, 83-70, 76-75 § 1, 76-36 § 2, 73-51 § 3, 67-38, 1762, 1569 § 1, 1549: prior code § 8142(b): Ords. 1405, 1179 § 3, 382 § 4A).

(Ord. No. 2022-37, § III, 12-6-22; Ord. No. 2017-14, § VI, 9-19-17; Ord. No. 2013-12, § IV, 4-16-13)

Article 84-4.6 - Lots

No single-family dwelling or other structure permitted in the R-6 district shall be erected or placed on a lot smaller than six thousand square feet in area.

(Ord. 1569: prior code § 8142(c): Ords. 1269, 1179).

No single-family dwelling or other structure permitted in the R-6 district shall be erected or placed on a lot less than sixty feet in average width.

(Ord. 1569: prior code § 8142(d): Ords. 1269, 1179).

84-4.606 - Lot—Depth.

No single-family dwelling or other structure permitted in the R-6 district shall be erected or placed on a lot less than ninety feet in depth.

(Ord. 1569: prior code § 8142(e): Ords. 1269, 1179).

Article 84-4.8. Building Height

84-4.802 - Building height—Maximum.

No single-family dwelling or other structure permitted in the R-6 district shall exceed two and one-half stories or thirty-five feet in height.

(Ord. 1569: prior code § 8142(f): Ords. 1269, 1179).

Article 84-4.10. Yards

There shall be an aggregate side yard width of at least fifteen feet. No side yard shall be less than five feet wide. These minima may be reduced to three feet for an accessory building or structure if it is set back at least fifty feet from the front property line.

(Ord. 1569: prior code § 8142(g): Ords. 1269, 1179).

There shall be a setback (front yard) of at least twenty feet for any structure in the R-6 district. On corner lots the principal frontage shall have a setback of at least twenty feet and the other setback shall be at least fifteen feet.

(Ord. 1569: prior code § 8142(h): Ords. 1269, 1179).

There shall be a rear yard for any principal structure of at least fifteen feet. There shall be a rear yard for accessory structures of at least three feet.

(Ord. 1569: prior code § 8142(i): Ords. 1269, 1179).

Article 84-4.12. Off-street Parking

84-4.1202 - Off-street parking requirements.

(a)

In R-6 districts every dwelling unit shall have at least two off-street automobile storage spaces on the same lot; except that there shall be at least one such space where the lot was legally created before September 9, 1971, or was part of a tentative or parcel map filed before September 9, 1971, and upon which a final subdivision or parcel map was subsequently approved and recorded.

(b)

Such spaces shall have a covered or open surfaced area of at least nine by nineteen feet, and shall be entirely outside the setback or side yard areas of the principal structure.

(Ords. 77-107, 71-59 §§ 4 and 5: prior code § 8142(j): Ords. 1179 § 3, 1039, 1028, 928).

Article 84-4.14. Land Use and Variance Permits

84-4.1402 - Land use and variance permit—Granting.

Land use permits for the special uses enumerated in Section 84-4.404, and variance permits to modify the provisions in Sections 84-4.402(5) and 84-4.602 through 84-4.1202, may be granted in accordance with Chapters 26-2 and 82-6.

(Ord. 77-51 § 3: prior code § 8142(k): Ords. 1179 § 3, 1039, 1028, 382 § 4(A)).

Chapter 84-6 - R-7 SINGLE-FAMILY RESIDENTIAL DISTRICT

Article 84-6.2. General

84-6.202 - General provisions.

All land within an R-7 single-family residential district may be used for any of the following uses, under the following regulations set forth in this chapter.

(Ord. 1569: prior code § 8143 (part): Ord. 1269: Ord. 1179).

Article 84-6.4. Uses

84-6.402 - Uses—Permitted.

Uses permitted in the R-7 district shall be: All the uses designated for the R-6 district in Section 84-4.402.

(Ord. 68-25 § 2, 1968: Ord. 1569: prior code § 8143(a): Ord. 1269: Ord. 1179).

84-6.404 - Uses—Requiring land use permit.

In the R-7 district the following uses are permitted on the issuance of a land use permit: All the uses designated for the R-6 district in Section 84-4.404.

(Ord. 1569: prior code § 8143(b): Ord. 1269: Ord. 1179).

84-6.602 - Lot—Area.

No single-family dwelling or other structure permitted in the R-7 district shall be erected or placed on a lot smaller than seven thousand square feet in area.

(Ord. 1569: prior code § 8143(c): Ord. 1269: Ord. 1179).

84-6.604 - Lot—Width.

No single-family dwelling or other structure permitted in the R-7 district shall be erected or placed on a lot less than seventy feet in average width.

(Ord. 1569: prior code § 8143(d): Ord. 1269: Ord. 1179).

Lot depth provisions for the R-7 district shall be the same as those for the R-6 district (Section 84-4.606).

(Ord. 1569: prior code § 8143(e): Ord. 1269: Ord. 1179).

Article 84-6.8. Building Height

84-6.802 - Building height—Maximum.

Building height provisions for the R-7 district shall be the same as those for the R-6 district (Section 844.802).

(Ord. 1569: prior code § 8143(f): Ord. 1269: Ord. 1179).

Article 84-6.10. Yards

84-6.1002 - Yard—Side.

Side yard provisions for the R-7 district shall be the same as those for the R-6 district (Section 84-4.1002).

(Ord. 1569: prior code § 8143(g): Ord. 1269: Ord. 1179).

84-6.1004 - Yard—Setback.

Setback (front yard) provisions for the R-7 district shall be the same as those for the R-6 district (Section 84-4.1004).

(Ord. 1569: prior code § 8143(h): Ord. 1269: Ord. 1179).

84-6.1006 - Yard—Rear.

Rear yard provisions for the R-7 district shall be the same as those for the R-6 district (Section 84-4.1006).

(Ord. 1569: prior code § 8143(i): Ord. 1269: Ord. 1179).

Article 84-6.12. Off-Street Parking

84-6.1202 - Off-street parking—Space requirements.

Off-street parking provisions for the R-7 district shall be the same as those for the R-6 district (Section 844.1202).

(Ord. 71-59 §§ 4, 5, 1971: Ord. 1569: prior code § 8143(j): Ord. 1269: Ord. 1179).

Article 84-6.14. Land Use and Variance Permits

Land use permits for the special uses enumerated in Section 84-6.404, and variance permits to modify the provisions in Sections 84-4.402(5) and 84-6.602 — 84-6.1202, may be granted in accordance with Chapters 26-2 and 82-6.

(Ord. 77-51 § 4: prior code § 8143(k): Ords. 1179 § [382 § 4R]).

Chapter 84-8 - R-10 SINGLE-FAMILY RESIDENTIAL DISTRICT

Article 84-8.2. General

All land within an R-10 single-family residential district may be used for any of the following uses, under the following regulations set forth in this chapter.

(Ord. 1569: prior code § 8144 (part): Ord. 1269: Ord. 1179).

Article 84-8.4. Uses

Uses permitted in the R-10 district shall be: All the uses designated for the R-6 district in Section 84-4.402.

(Ord. 68-25 § 2, 1968: Ord. 1569: prior code § 8144(a): Ord. 1269: Ord. 1179).

In the R-10 district the following uses are permitted on the issuance of a land use permit: All the uses designated for the R-6 district in Section 84-4.404.

(Ord. 1569: prior code § 8144(b): Ord. 1269: Ord. 1179).

Article 84-8.6. Lots

No single-family dwelling or other structure permitted in the R-10 district shall be erected or placed on a lot smaller than ten thousand square feet in area.

(Ord. 1569: prior code § 8144(c): Ord. 1269: Ord. 1179).

No single-family dwelling or other structure permitted in the R-10 district shall be erected or placed on a lot less than eighty feet in average width.

(Ord. 1569: prior code § 8144(d): Ord. 1269: Ord. 1179).

84-8.606 - Lot—Depth.

Lot depth provisions for the R-10 district shall be the same as those for the R-6 district (Section 84-4.606).

(Ord. 1569: prior code § 8144(e): Ord. 1269: Ord. 1179).

Article 84-8.8. Building Height

84-8.802 - Building height—Maximum.

Building height provisions for the R-10 district shall be the same as those for the R-6 district (Section 844.802).

(Ord. 1569: prior code § 8144(f): Ord. 1269: Ord. 1179).

Article 84-8.10. Yards

84-8.1002 - Yard—Side.

There shall be an aggregate side yard width of at least twenty feet. No side yard shall be less than ten feet wide. These minima may be reduced to three feet for an accessory building or structure if it is set back at least fifty feet from the front property line.

(Ord. 1569: prior code § 8144(g): Ord. 1269: Ord. 1179).

84-8.1004 - Yard—Setback.

Setback (front yard) provisions for the R-10 district shall be the same as those for the R-6 district (Section 84-4.1004).

(Ord. 1569: prior code § 8144(h): Ord. 1269: Ord. 1179).

84-8.1006 - Yard—Rear.

Rear yard provisions for the R-10 district shall be the same as those for the R-6 district (Section 84-4.1006).

(Ord. 1569: prior code § 8144(i): Ord. 1269: Ord. 1179).

Article 84-8.12. Off-Street Parking

84-8.1202 - Off-street parking—Space requirements.

Off-street parking provisions for the R-10 district shall be the same as those for the R-6 district (Section 844.1202).

(Ord. 71-59 §§ 4, 5, 1971: Ord. 1569: prior code § 8144(j): Ord. 1269: Ord. 1179).

Article 84-8.14. Land Use and Variance Permits

84-8.1402 - Land use and variance permit—Granting.

Land use permits for the special uses enumerated in Section 84-8.404, and variance permits to modify the provisions in Sections 84-4.402(5) and 84-8.602 — 84-8.1202, may be granted in accordance with Chapters 26-2 and 82-6.

(Ord. 77-51 § 5: prior code § 8144(k): Ord. 1179 § 5 [382 § 46]).

Chapter 84-10 - R-12 SINGLE-FAMILY RESIDENTIAL DISTRICT

Article 84-10.2. General

84-10.202 - General provisions.

All land within an R-12 single-family residential district may be used for any of the following uses, under the following regulations set forth in this chapter.

(Ord. 1569: Ord. 1482: prior code § 8144.5 (part)).

Article 84-10.4. Uses

84-10.402 - Uses—Permitted.

Uses permitted in the R-12 district shall be: All the uses designated for the R-6 district in Section 84-4.402.

(Ord. 68-25 § 2, 1968: Ord. 1569: Ord. 1482: prior code § 8144.5(a)).

84-10.404 - Uses—Requiring land use permit.

In the R-12 district the following uses are permitted on the issuance of a land use permit: All the uses designated for the R-6 district in Section 84-4.404.

(Ord. 1569: Ord. 1482: prior code § 8144.5(b)).

Article 84-10.6. Lots

84-10.602 - Lot — Area.

No single-family dwelling or other structure permitted in the R-12 district shall be erected or placed on a lot smaller than twelve thousand square feet in area.

(Ord. 1569: Ord. 1482: prior code § 8144.5(c)).

84-10.604 - Lot—Width.

No single-family dwelling or other structure permitted in the R-12 district shall be erected or placed on a lot less than one hundred feet in average width.

(Ord. 1569: Ord. 1482: prior code § 8144.5(d)).

84-10.606 - Lot—Depth.

No single-family dwelling or other structure permitted in the R-12 district shall be erected on a lot less than one hundred feet deep.

(Ord. 1569: Ord. 1482: prior code § 8144.5(e)).

Article 84-10.8. Building Height

84-10.802 - Building height—Maximum.

Building height provisions for the R-12 district shall be the same as those for the R-6 district in Section 844.802.

(Ord. 1569: Ord. 1482: prior code § 8144.5(f)).

Article 84-10.10. Yards

84-10.1002 - Yard—Side.

There shall be an aggregate side yard width of at least twenty-five feet. No side yard shall be less than ten feet wide. These minima may be reduced to three feet for an accessory building or structure if it is set back at least sixty-five feet from the front property line.

(Ord. 1569: Ord. 1482: prior code § 8144.5(g)).

84-10.1004 - Yard—Setback.

Setback (front yard) provisions for the R-12 district shall be the same as those for the R-6 district (Section 84-4.1004).

(Ord. 1569: Ord. 1482: prior code § 8144.5(h)).

84-10.1006 - Yard—Rear.

Rear yard provisions for the R-12 district shall be the same as those for the R-6 district (84-4.1006).

(Ord. 1569: Ord. 1482: prior code § 8144.5(i)).

Article 84-10.12. Off-Street Parking

84-10.1202 - Off-street parking—Space requirements.

Off-street parking provisions for the R-12 district shall be the same as those for the R-6 district (84-4.1202).

(Ord. 71-59 §§ 4, 5, 1971: Ord. 1569: Ord. 1482: prior code § 8144.5(j)).

Article 84-10.14. Land Use and Variance Permits

84-10.1402 - Land use and variance permit—Granting.

Land use permits for the special uses enumerated in Section 84-10.404, and variance permits to modify the provisions in Sections 84-4.402(5) and 84-10.602 — 84-10.1202, may be granted in accordance with

Chapters 26-2 and 82-6.

(Ords. 77-51 § 6, 1482: prior code § 8144.5(k)).

Chapter 84-12 - R-15 SINGLE-FAMILY RESIDENTIAL DISTRICT

Article 84-12.2. General

All land within an R-15 single-family residential district may be used for any of the following uses, under the following regulations set forth in this chapter.

(Ord. 1569: prior code § 8145 (part): Ord. 1269: Ord. 1179).

Article 84-12.4. Uses

84-12.402 - Uses—Permitted.

Uses permitted in the R-15 district shall be: All those uses designated for the R-6 district in Section 844.402.

(Ord. 68-25 § 2, 1968: Ord. 1569: prior code § 8145(a): Ord. 1269: Ord. 1179).

In the R-15 district the following uses are permitted on the issuance of a land use permit: All the uses designated for the R-6 district in Section 84-4.404.

(Ord. 1569: prior code § 8145(b): Ord. 1269: Ord. 1179).

Article 84-12.6. Lots

84-12.602 - Lot—Area.

No single-family dwelling or other structure permitted in the R-15 district shall be erected or placed on a lot smaller than fifteen thousand square feet in area.

(Ord. 1569: prior code § 8145(c): Ord. 1269: Ord. 1179).

84-12.604 - Lot—Width.

Lot width provisions for the R-15 district shall be the same as those for the R-12 district (Section 8410.604).

(Ord. 1569: prior code § 8145(d): Ord. 1269: Ord. 1179).

84-12.606 - Lot—Depth.

Lot depth provisions for the R-15 district shall be the same as those for the R-12 district (Section 8410.606).

(Ord. 1569: prior code § 8145(e): Ord. 1269: Ord. 1179).

Article 84-12.8. Building Height

84-12.802 - Building height—Maximum.

Building height provisions for the R-15 district shall be the same as those for the R-6 district (Section 844.802).

(Ord. 1569: prior code § 8145(f): Ord. 1269: Ord. 1179).

Article 84-12.10. Yards

84-12.1002 - Yard—Side.

Side yard provisions for the R-15 district shall be the same as those for the R-12 district (Section 8410.1002).

(Ord. 1569: prior code § 8145(g): Ord. 1269: Ord. 1179).

84-12.1004 - Yard—Setback.

Setback (front yard) provisions for the R-15 district shall be the same as those for the R-6 district (Section 84-4.1004).

(Ord. 1569: prior code § 8145(h): Ord. 1269: Ord. 1179).

84-12.1006 - Yard—Rear.

Rear yard provisions for the R-15 district shall be the same as those for the R-6 district (Section 84-4.1006).

(Ord. 1569: Prior code § 8145(i): Ord. 1269: Ord. 1179).

Article 84-12.12. Off-Street Parking

84-12.1202 - Off-street parking—Space requirements.

Off-street parking provisions for the R-15 district shall be the same as those for the R-6 district (Section 844.1202).

(Ord. 72-44 § 1, 1972: Ord. 71-59 §§ 4, 5, 1971: Ord. 1569: prior code § 8145(j): Ord. 1269: Ord. 1179).

Article 84-12.14. Land Use and Variance Permits

84-12.1402 - Land use and variance permit—Granting.

Land use permits for the special uses enumerated in Section 84-12.404, and variance permits to modify the provisions in Sections 84-4.402(5) and 84-12.602 — 84-12.1202, may be granted in accordance with

Chapters 26-2 and 82-6.

(Ords. 77-51 § 7: prior code § 8145(k): Ords. 1179 56 [382 § 451).

Chapter 84-14 - R-20 SINGLE-FAMILY RESIDENTIAL DISTRICT

Article 84-14.2. General

All land within an R-20 single-family residential district may be used for any of the following uses, under the following regulations set forth in this chapter.

(Ord. 1768: Ord. 1569: prior code § 8146 (part): Ord. 1269: Ord. 1179).

Article 84-14.4. Uses

84-14.402 - Uses—Permitted.

The following uses are allowed in the R-20 district:

(1)

A detached single-family dwelling on each lot and the accessory structures and uses normally auxiliary to it.

(2)

Crop and tree farming, and horticulture.

(3)

A temporary stand for the sale of agricultural products grown on the premises, with two and one-half acres per stand, set back at least thirty-five feet from the front property line, and operated not more than three months in any calendar year.

(4)

Urban farm animal raising and keeping in compliance with the provisions of Chapter 82-50.

(5)

Publicly owned parks and playgrounds.

(6)

A residential care facility for the elderly, operated by a person with all required state and local agency approvals or licenses, where not more than six persons reside or receive care, not including the licensee or members of the licensee's family or persons employed as facility staff.

(7)

A small family child care home or a large family child care home, as those terms are defined in California Code of Regulations, title 22, section 102352(f)(1), that has obtained all required state and local agency approvals and licenses.

(8)

Bird enclosures in compliance with the provisions of Chapter 82-50.

(9)

Accessory dwelling units and junior accessory dwelling units in compliance with the provisions of Chapter 82-24.

(10)

An urban housing development in compliance with the provisions of Chapter 88- 36.

(11)

Supportive housing, operated by a person with all required state and local agency approvals and license, where not more than six persons reside.

(12)

Transitional housing, operated by a person with all required state and local agency approvals and license, where not more than six persons reside.

(Ords. 86-43 § 4, 78-83 § 2, 77-51 § 8, 68-25 § 2, 2033, 2032, 1768 § 2: prior code § 8146(a): Ord. 1269, 1179 § 8, 382 § 4V).

(Ord. No. 2022-37, § IV, 12-6-22; Ord. No. 2022-14, § IV, 3-29-22; Ord. No. 2020-01, § VII, 1-21-20; Ord. of 2018-06, § V, 5-1-18; Ord. No. 2017-11, § IV, 5-23-17)

84-14.404 - Uses—Requiring land use permit.

In the R-20 district the following uses are permitted on the issuance of a land use permit:

(1)

Same as in the R-6 district (Section 84-4.404) except for the deletion of "Greenhouses, over three hundred square feet";

(2)

Horse riding academies and horse riding instruction, provided that the standards in Section 82-50.408 are complied with.

(Ord. of 2018-06, § VI, 5-1-18; Ords. 86-43 § 5, 1768, 1569: prior code § 8146(b): Ord. 1269: Ord. 1179).

Article 84-14.6. Lots

84-14.602 - Lot—Area.

No single-family dwelling or other structure permitted in the R-20 district shall be erected or placed on a lot less than twenty thousand square feet in area.

(Ord. 1768: Ord. 1569: prior code § 8146(c): Ord. 1269: Ord. 1179).

84-14.604 - Lot—Width.

No single-family dwelling or other structure permitted in the R-20 district shall be erected or placed on a lot less than one hundred twenty feet in average width.

(Ord. 1768: Ord. 1569: prior code § 8146(d): Ord. 1269: Ord. 1179).

84-14.606 - Lot—Depth.

No single-family dwelling or other structure permitted in the R-20 district shall be erected or placed on a lot less than one hundred twenty feet deep.

(Ord. 1768: Ord. 1569: prior code § 8146(e): Ord. 1269: Ord. 1179).

Article 84-14.8. Building Height

84-14.802 - Building height—Maximum.

Building height provisions for the R-20 district shall be the same as those for the R-6 district (Section 844.802).

(Ord. 1768: Ord. 1569: prior code § 8146(f): Ord. 1269: Ord. 1179).

Article 84-14.10. Yards

84-14.1002 - Yard—Side.

There shall be an aggregate side yard width of at least thirty-five feet. No side yard shall be less than fifteen feet wide. These minima may be reduced to three feet for an accessory building or structure if it is set back at least sixty-five feet from the front property line.

(Ord. 1768: Ord. 1569: prior code § 8146(g): Ord. 1269: Ord. 1179).

84-14.1004 - Yard—Setback.

There shall be a setback (front yard) of at least twenty-five feet for any structure in the R-20 district; on corner lots the principal frontage of the lot shall have a setback of at least twenty-five feet and the other setback shall be at least twenty feet.

(Ord. 1768: Ord. 1569: prior code § 8146(h): Ord. 1269: Ord. 1179).

84-14.1006 - Yard—Rear.

Rear yard provisions for the R-20 district shall be the same as those for the R-6 district (Section 84-4.1006).

(Ord. 1768: Ord. 1569: prior code § 8146(i): Ord. 1269: Ord. 1179).

Article 84-14.12. Off-Street Parking

84-14.1202 - Off-street parking—Space requirements.

Off-street parking provisions for the R-20 district shall be the same as those for the R-6 district (Section 844.1202).

(Ord. 71-59 §§ 4, 5, 1971: Ord. 1768: Ord. 1569: prior code § 8146(j): Ord. 1269: Ord. 1179).

Article 84-14.14 - Reserved[[8]]

Article 84-14.16. Land Use and Variance Permits

Footnotes:

--- ( 8 ) ---

Editor's note— Ord. of 2018-06, § VII, adopted May 1, 2018, repealed art. 84-14.14, § 84-14.1402, in its entirety. Former art. 84-14.14 pertained to "Animal Structures," and was derived from Ord. No. 1768; Ord. No. 1569; prior code § 8146(k); Ord. No. 1269 and Ord. No. 1179.

84-14.1602 - Land use and variance permit—Granting.

Land use permits for the special uses enumerated in Section 84-14.404, and variance permits to modify the provisions in Sections 84-14.402(7) and 84-14.602 through 84-14.1202, may be granted in accordance with Chapters 26-2 and 82-6.

(Ord. of 2018-06, § VIII, 5-1-18; Ords. 77-51 § 9, 1768 § 4: prior code § 8146(1); Ords. 1179 § 8 [382 § 4V]).

Chapter 84-16 - R-40 SINGLE-FAMILY RESIDENTIAL DISTRICT

Article 84-16.2. General

84-16.202 - General provisions.

All land within an R-40 single-family residential district may be used for any of the following uses, under the following regulations set forth in this chapter.

(Ord. 1768: Ord. 1569: prior code § 8148 (part): Ord. 1269: Ord. 1179).

Article 84-16.4. Uses

84-16.402 - Uses—Permitted.

Uses permitted in the R-40 district shall be: All those uses designated for the R-20 district in Section 8414.402.

(Ord. 68-25 § 2, 1968: Ord. 2033 § 1, 1966: Ord. 1768: Ord. 1569: prior code § 8148(a): Ord. 1269: Ord. 1179).

84-16.404 - Uses—Requiring land use permit.

In the R-40 district the following uses are permitted on the issuance of a land use permit: All the uses designated for the R-20 district in Section 84-14.404.

(Ord. 1768: Ord. 1569: prior code § 8148(b): Ord. 1269: Ord. 1179).

Article 84-16.6. Lots

84-16.602 - Lot—Area.

No single-family dwelling or other structure permitted in the R-40 district shall be erected or placed on a lot smaller than forty thousand square feet in area.

(Ord. 1768: Ord. 1569: prior code § 8148(c): Ord. 1269: Ord. 1179).

84-16.604 - Lot—Width.

No single-family dwelling or other structure permitted in the R-40 district shall be erected or placed on a lot less than one hundred forty feet deep in average width.

(Ord. 1768: Ord. 1569: prior code § 8148(d): Ord. 1269: Ord. 1179).

84-16.606 - Lot—Depth.

No single-family dwelling or other structure permitted in the R-40 district shall be erected or placed on a lot less than one hundred forty feet deep.

(Ord. 1768: Ord. 1569: prior code § 8148(e): Ord. 1269: Ord. 1179).

Article 84-16.8. Building Height

84-16.802 - Building height—Maximum.

Building height provisions for the R-40 district shall be the same as those for the R-6 district (Section 844.802).

(Ord. 1768: Ord. 1569: prior code § 8148(f): Ord. 1269: Ord. 1179).

Article 84-16.10. Yards

84-16.1002 - Yard—Side.

There shall be an aggregate side yard width of at least forty feet wide. No side yard shall be less than twenty feet wide. These minima may be reduced to three feet for an accessory building or structure if it is

set back at least seventy-five feet from the front property line.

(Ord. 1768: Ord. 1569: prior code § 8148(g): Ord. 1269: Ord. 1179).

84-16.1004 - Yard—Setback.

Setback (front yard) provisions for the R-40 district shall be the same as those for the R-20 district (Section 84-14.1004).

(Ord. 1768: Ord. 1569: prior code § 8148(h): Ord. 1269: Ord. 1179).

84-16.1006 - Yard—Rear.

Rear yard provisions for the R-40 district shall be the same as those for the R-6 district (Sections 844.1006).

(Ord. 1768: Ord. 1569: prior code § 8148(i): Ord. 1269: Ord. 1179).

Article 84-16.12. Off-Street Parking

84-16.1202 - Off-street parking—Space requirements.

Off-street parking provisions for the R-40 district shall be the same as those for the R-6 district (Section 844.1202).

(Ord. 71-59 §§ 3, 4, 1971: Ord. 1768: Ord. 1569: prior code § 8148(j): Ord. 1269: Ord. 1179).

Article 84-16.14 - Reserved[[9]]

Article 84-16.16. Land Use and Variance Permits

Footnotes:

--- ( 9 ) ---

Editor's note— Ord. of 2018-06, § IX, adopted May 1, 2018, repealed art. 84-16.14, § 84-16.1402, in its entirety. Former art. 84-16.14 pertained to "Animal Structures," and was derived from Ord. No. 1768; Ord. No. 1569; prior code § 8148(k); Ord. No. 1269 and Ord. No. 1179.

84-16.1602 - Land use and variance permit—Granting.

Land use permits for the special uses enumerated in Section 84-16.404, and variance permits to modify the provisions in Sections 84-14.402(7) and 84-16.602 through 84-16.1202, may be granted in accordance with Chapters 26-2 and 82-6.

(Ord. of 2018-06, § X, 5-1-18; Ords. 77-51 § 10, 1768 § 4: prior code § 8148(l): Ords. 1179 § 9, 420 § 6 [382 § 46]).

Chapter 84-18 - R-65 SINGLE-FAMILY RESIDENTIAL DISTRICT

Article 84-18.2. General

All of the land lying within an R-65 single-family residential district may be used for any of the following uses, under the following regulations set forth in this chapter.

(Ord. 1768: Ord. 1569: prior code § 8148.5 (part): Ord. 1405).

Article 84-18.4. Uses

Uses permitted in the R-65 district shall be: All those uses designated for the R-20 district in Section 8414.402.

(Ord. 68-25 § 2, 1968: Ord. 2033 § 1, 1966: Ord. 1768: Ord. 1569: prior code § 8148.5(a): Ord. 1405).

In the R-65 district the following uses are permitted after the issuance of a land use permit:

(1)

All the uses designated for the R-6 district in Section 84-4.404 except for the deletion of:

(A)

Greenhouses, over three hundred square feet;

(B)

Hospitals, eleemosynary and philanthropic institutions and convalescent homes;

(2)

Horse riding academies and horse riding instruction, provided that the standards in Section 82-50.408 are complied with.

(Ord. of 2018-06, § XI, 5-1-18; Ord. 1768: Ord. 1569: prior code § 8148(b): Ord. 1405).

Article 84-18.6. Lots

No single-family dwelling or other structure herein permitted shall be erected or placed upon a lot smaller than sixty-five thousand square feet in area.

(Ord. 1768: Ord. 1569: prior code § 8148.5(c): Ord. 1405).

Lot width provisions for the R-65 district shall be the same as those for the R-40 district (Section 8416.604).

(Ord. 1768: Ord. 1569: prior code § 8148.5(d): Ord. 1405).

84-18.606 - Lot—Depth.

Lot depth provisions for the R-65 district shall be the same as those for the R-40 district (Section 8416.606).

(Ord. 1768: Ord. 1569: prior code § 8148(e): Ord. 1405).

Article 84-18.8. Building Height

84-18.802 - Building height—Maximum.

Building height provisions for the R-65 district shall be the same as those for the R-6 district (Section 844.802).

(Ord. 1768: Ord. 1569: prior code § 8148(f): Ord. 1405).

Article 84-18.10. Yards

84-18.1002 - Yard—Side.

Side yard provisions for the R-65 district shall be the same as those for the R-40 district (Section 8416.1002).

(Ord. 1768: Ord. 1569: prior code § 8148.5(g): Ord. 1405).

84-18.1004 - Yard—Setback.

Setback (front yard) provisions for the R-65 district shall be the same as those for the R-20 district (Section 84-14.1004).

(Ord. 1768: Ord. 1569: prior code § 8148.5(h): Ord. 1405).

84-18.1006 - Yard—Rear.

Rear yard provisions for the R-65 district shall be the same as those for the R-6 district (84-4.1006).

(Ord. 1768: Ord. 1569: prior code § 8148.5(i): Ord. 1405).

Article 84-18.12. Off-Street Parking

84-18.1202 - Off-street parking—Space requirements.

Off-street parking provisions for the R-65 district shall be the same as those for the R-6 district (Section 844.1202).

(Ord. 71-59 §§ 4, 5, 1971: Ord. 1768: Ord. 1569: prior code § 8148.5(j): Ord. 1405).

Article 84-18.14 - Reserved[[10]]

Article 84-18.16. Land Use and Variance Permits

Footnotes:

--- ( 10 ) ---

Editor's note— Ord. of 2018-06, § XII, adopted May 1, 2018, repealed art. 84-18.14, § 84-18.1402, in its entirety. Former art. 84-18.14 pertained to "Animal Structures," and was derived from Ord. No. 1768; Ord. No. 1569; prior code § 8148.5(k) and Ord. No. 1405.

84-18.1602 - Land use and variance permit—Granting.

Land use permits for the special uses enumerated in Section 84-18.404, and variance permits to modify the provisions in Sections 84-14.402(7) and 84-18.602 through 84-18.1202, may be granted in accordance with Chapters 26-2 and 82-6.

(Ord. of 2018-06, § XIII, 5-1-18; Ords. 77-51 § 11, 1768 § 4: prior code § 8148.5(l): Ord. 1405).

Chapter 84-20 - R-100 SINGLE-FAMILY RESIDENTIAL DISTRICT

Article 84-20.2. General

All land within an R-100 single-family residential district may be used for any of the following uses, under the following regulations set forth in this chapter.

(Ord. 1768: Ord. 1569: Ord. 1549: prior code § 8148.7 (part)).

Article 84-20.4. Uses

84-20.402 - Uses—Permitted.

Uses permitted in the R-100 district shall be: All those uses designated for the R-20 district in Section 8414.402.

(Ord. 68-25 § 2, 1968: Ord. 2033 § 1, 1966: Ord. 1768: Ord. 1569: Ord. 1549: prior code § 8148.7(a)).

In the R-100 district, the following uses are permitted subject to the issuance of a land use permit: Same as those designated for the R-65 district in Section 84-18.404.

(Ord. 1768: Ord. 1569: Ord. 1549: prior code § 8148.7(b)).

Article 84-20.6. Lots

84-20.602 - Lot—Area.

No single-family dwelling or other structure permitted in the R-l00 district shall be erected or placed on a lot smaller than one hundred thousand square feet in area.

(Ord. 1768: Ord. 1569: Ord. 1549: prior code § 8148.7(c)).

No single-family dwelling or other structure permitted in the R-100 district shall be erected or placed on a lot less than two hundred feet in average width.

(Ord. 1768: Ord. 1569: Ord. 1549: prior code § 8148.7(d)).

84-20.606 - Lot—Depth.

No single-family dwelling or other structure permitted in the R-100 district shall be erected on a lot less than two hundred feet deep.

(Ord. 1768: Ord. 1569: Ord. 1549: prior code § 8148.7(e)).

Article 84-20.8. Building Height

84-20.802 - Building height—Maximum.

Building height provisions for the R-100 district shall be the same as those for the R-6 district (Section 844.802).

(Ord. 1768: Ord. 1569: Ord. 1549: prior code § 8148.7(f)).

Article 84-20.10. Yards

84-20.1002 - Yard—Side.

There shall be an aggregate side yard width of at least sixty feet. No side yard shall be less than thirty feet wide. These minima may be reduced to three feet for an accessory building or structure if it is set back at least sixty-five feet from the front property line.

(Ord. 1768: Ord. 1569: Ord. 1549: prior code § 8148.7(g)).

84-20.1004 - Yard—Setback.

There shall be a setback (front yard) of at least thirty feet for any structure in the R-100 district; on corner lots, the principal frontage of the lot shall have a setback of at least thirty feet and the other setback shall be at least twenty-five feet.

(Ord. 1768: Ord. 1569: Ord. 1549: prior code § 8148.7(h)).

84-20.1006 - Yard—Rear.

There shall be a rear yard for any principal structure of at least thirty feet. There shall be a rear yard for accessory structures of at least three feet.

(Ord. 1768: Ord. 1569: Ord. 1549: prior code § 8148.7(i)).

Article 84-20.12. Off-Street Parking

84-20.1202 - Off-street parking—Space requirements.

Off-street parking provisions for the R-100 district shall be the same as those for the R-6 district (Section 84-4.1202).

(Ord. 71-59 §§ 4, 5, 1971: Ord. 1768: Ord. 1569: Ord. 1549: prior code § 8148.7(j)).

Article 84-20.14 - Reserved[[11]]

Article 84-20.16. Land Use and Variance Permits

Footnotes:

--- ( 11 ) ---

Editor's note— Ord. of 2018-06, § XIV, adopted May 1, 2018, repealed art. 84-20.14, § 84-20.1402, in its entirety. Former art. 84-20.14 pertained to "Animal Structures," and was derived from Ord. No. 1768; Ord. No. 1569; Ord. No. 1549 and prior code § 8148.7(k).

84-20.1602 - Land use and variance permit—Granting.

Land use permits for the special uses enumerated in Section 84-20.404, and variance permits to modify the provisions in Sections 84-14.402(7) and 84-20.602 through 84-20.1202, may be granted in accordance with Chapters 26-2 and 82-6.

(Ord. of 2018-06, § XV, 5-1-18; Ords. 77-51 § 12, 1768 § 4, 1549: prior code § 8148.7(l)).

Chapter 84-22 - D-1 TWO-FAMILY RESIDENTIAL DISTRICT

Article 84-22.2. General

All land within a D-1 two-family residential district may be used for any of the following uses under the following regulations set forth in this chapter.

(Ord. 1762: prior code § 8149 (part): Ord. 1269: Ord. 928).

Article 84-22.4. Uses

84-22.402 - Uses—Permitted.

Uses permitted in the D-1 district shall be:

(1)

All the uses designated for the R-6 district in Section 84-4.402;

(2)

A detached two-family dwelling (duplex) on each lot and uses normally auxiliary thereto.

(Ord. 68-25 § 2, 1968: Ord. 1762: prior code § 8149(a): Ord. 1269: Ord. 928).

84-22.404 - Uses—Requiring land use permit.

In the D-1 district the following uses are permitted on the issuance of a land use permit: All the uses designated for the R-6 district in Section 84-4.404.

(Ord. 1762: prior code § 8149(b): Ord. 1269: Ord. 928).

Article 84-22.6. Lots

84-22.602 - Lot—Area.

No two family dwelling or other structure permitted in the D-1 district shall be erected or placed on a lot smaller than eight thousand square feet in area.

(Ord. 1762: prior code § 8149(c): Ord. 1269: Ord. 928).

84-22.604 - Lot—Width.

Lot width provisions for the D-1 district shall be the same as those for the R-l0 district (Section 84-8.604).

(Ord. 1762: prior code § 8149(d): Ord. 1269: Ord. 928).

84-22.606 - Lot—Depth.

Lot depth provisions for the D-1 district shall be the same as those for the R-6 district (Section 84-4.606).

(Ord. 1762: prior code § 8149(e): Ord. 1269: Ord. 928).

Article 84-22.8. Building Height

84-22.802 - Building height—Maximum.

Building height provisions for the D-1 district shall be the same as those for the R-6 district (Section 844.802).

(Ord. 1762: prior code § 8149(f): Ord. 1269: Ord. 928).

Article 84-22.10. Yards

84-22.1002 - Yard—Side.

Side yard provisions for the D-1 district shall be the same as those for the R-10 district (Section 84-8.1002).

(Ord. 1762: prior code § 8149(g): Ord. 1269: Ord. 928).

84-22.1004 - Yard—Setback.

Setback (front yard) provisions for the D-1 district shall be the same as those for the R-6 district (Section 84-4.1004).

(Ord. 1762: prior code § 8149(h): Ord. 1269: Ord. 928).

84-22.1006 - Yard—Rear.

Rear yard provisions for the D-1 district shall be the same as those for the R-6 district (Section 84-4.1006).

(Ord. 1762: prior code § 8149(i): Ord. 1269: Ord. 928).

Article 84-22.12. Off-Street Parking

84-22.1202 - Off-street parking—Space requirements.

Every dwelling unit permitted in the D-1 district shall have on the same lot or parcel covered automobile storage space for at least two automobiles; this space shall have minimum dimensions of at least nine feet by nineteen feet.

(Ord. 1762: prior code § 8149(j): Ord. 1269: Ord. 928).

Article 84-22.14. Land Use and Variance Permits

84-22.1402 - Land use and variance permit—Granting.

Land use permits for the special uses enumerated in Section 84-22.404 and variance permits to modify the provisions contained in Sections 84-22.602 — 84-22.1202 may be granted in accordance with Chapter 826.

(Ord. 1762: prior code § 8149(k): Ord. 1269: Ord. 928).

Chapter 84-26 - M-29 MULTIPLE FAMILY RESIDENTIAL DISTRICT

Article 84-26.2. General

84-26.202 - General provisions.

All land within an M-29 multiple family residential district may be used for any of the following uses, under the following regulations set forth in this chapter.

(Ords. 78-40 § 1, 72-44 § 2, 1761, 1569: prior code § 8151: Ord. 1224).

84-26.204 - Purpose.

The purpose of this chapter's regulations is to allow for multiple family residential district development designed to provide as much compatibility as possible with nearby single-family residential zoning.

(Ord. 78-40 § 1).

All land zoned and located within an M-2 multiple family residential district shall be administered conformably with all the provisions of this chapter.

(Ords. 78-40 § 1, 72-44 § 2, 1761, 1569: prior code § 8151: Ord. 1224).

Article 84-26.4. - Uses

The following uses are allowed in an M-29 district:

(1)

A detached single family dwelling on each lot and the accessory structures normally auxiliary to it.

(2)

Duplex.

(3)

Multiple family buildings, but not including motels or hotels.

(4)

Crop and tree farming, not including retail nurseries or the raising or keeping of any animals other than ordinary household pets.

(5)

A foster family home or a small family home, as those terms are defined in Health and Safety Code section 1502(a), that has obtained all required state and local agency approvals and licenses.

(6)

A small family child care home or a large family child care home, as those terms are defined in California Code of Regulations, title 22, section 102352(f)(1), that has obtained all required state and local agency approvals and licenses.

(7)

A residential care facility for the elderly, operated by a person with all required state and local agency approvals and licenses, where not more than six persons reside or members of the licensee's family or persons employed as facility staff.

(8)

Accessory dwelling units in compliance with the provisions of Chapter 82-24.

(9)

Supportive housing, operated by a person with all required state and local agency approvals and licenses, where not more than six persons reside.

(10)

Transitional housing, operated by a person with all required state and local agency approvals and licenses, where not more than six persons reside.

(Ord. No. 2020-01, § VIII, 1-21-20; Ord. No. 2017-14, § VII, 9-19-17; Ords. 2003-17 § 6, 86-43 § 6, 78-83 § 3, 78-40 § 1, 72-44 § 2, 68-25 § 2, 1761, 1569 prior code § 8151(a): Ord. 1224.)

The following uses may be allowed in an M-29 district on the issuance of a land use permit:

(1)

Hospitals, eleemosynary and philanthropic institutions, convalescent homes, and boarding homes.

(2)

Churches, religious institutions, and parochial and private schools.

(3)

Community buildings, clubs, and activities of a quasi-public, social, fraternal, or recreational character, such as golf, tennis, and swimming clubs; veterans' and fraternal organizations not organized for monetary profit.

(4)

Greenhouses (over three hundred square feet) and nurseries for the propagation of plants only and not including any retail sales of nursery products.

(5)

Medical and dental offices and clinics.

(6)

Publicly owned buildings and structures, except as provided in Division 82.

(7)

Commercial radio and television receiving transmitting facilities but not including broadcasting studios or business offices.

(8)

A child care center, as the term is defined in California Code of Regulations, title 22, section 101152(c)(7), that has obtained all required state and local agency approvals and licenses.

(9)

Supportive housing, operated by a person with all required state and local agency approvals and licenses, where seven or more persons reside.

(10)

Transitional housing, operated by a person with all required state and local agency approvals and licenses, where seven or more persons reside.

(Ords. 2003-17 § 7, 87-67 § 5, 86-43 § 7, 78-40 § 1, 72-44 § 2, 1761, 1569 prior code § 8151(b): Ord. 1224.)

(Ord. No. 2022-37, § V, 12-6-22; Ord. No. 2017-14, § VIII, 9-19-17; Ord. No. 2013-12, § V, 4-16-13) Article 84-26.6. - Lots

84-26.602 - Area.

No building or other structure permitted in the M-29 district shall be erected or placed on a lot containing less that the following square feet in land area:

(Ords. 78-40 § 1, 72-44 § 2, 1761, 1569; prior code § 8151(c): Ord. 1224).

84-26.604 - Width.

No lot width is required.

(Ords. 78-40 § 1, 72-44 §§ 2 and 3, 1761, 1569: prior code § 8151(d): Ord. 1224).

84-26.606 - Depth.

No lot depth is required.

(Ords. 78-40 § 1, 72-44 §§ 2 and 3, 1761, 1569: prior code § 8151(e): Ord. 1224).

No building or structure permitted in the M-29 district shall be more than thirty-five percent of the lot area.

(Ords. 78-40 § 1, 72-44 §§ 2 and 3, 1761, 1569: prior code § 8151(k): Ord. 1224).

84-26.610 - Unit density.

The maximum number of apartment units allowed in this district is twenty-nine per acre which maximum may be reduced as part of development plan review and approval. For each apartment unit a minimum of fifteen hundred square feet of land in area shall be provided.

(Ord. 7840 § 1.)

Article 84-26.8. - Building Height

84-26.802 - Maximum.

No building or other structure permitted in this district shall exceed thirty feet in height, except that when an M-29 district abuts any single-family residential district, then the building height maximum of the portion of this district within fifty feet of the abutting single-family residential district shall be twenty feet.

(Ords. 78-40 § 1, 72-44 § 2, 1761, 1569: prior code § 8151(f): Ord. 1224).

Article 84-26.10. - Yards

84-26.1002. - Side.

There shall be a side yard width of at least twenty feet between any building or structure established in this district and the boundary lines of the lot, except that garages or any other accessory building or structure may have a minimum of a three-foot side yard when located at least fifty feet from the property line.

(Ords. 78-40 § 1, 72-44 § 2, 1761, 1569: prior code § 8151(g): Ord. 1224).

There shall be a setback (front yard) of at least twenty-five feet between any building or structure established in this district and the front property line of the lot.

(Ords. 78-40 § 1, 72-44 § 2, 1761, 1569: prior code § 8151(h): Ord. 1224).

There shall be a rear yard width of at least twenty feet between any building or structure established in this district and the rear boundary line of the lot, except that garages or any other accessory building or structure may have a three foot rear yard.

(Ords. 78-40 § 1, 72-44 § 2, 1761, 1569: prior code § 8151(i): Ord. 1224).

Development pursuant to any multiple family residential district site plan approved prior to July 13, 1978, shall be governed by the yard requirements applicable when the site plan was approved and shall not be subject to the requirements of this article.

(Ord. 78-40 § 1).

Article 84-26.12. - Off-Street Parking

84-26.1202 - Space requirements.

(a)

Every apartment or dwelling unit shall have, on the same lot or parcel, off-street automobile storage space as follows:

(1)

Studio dwelling unit, one space; one bedroom dwelling unit, one and one-half spaces; two or more bedroom units, two spaces; plus

(2)

One-quarter space per each dwelling unit for guest parking, which may include available curb parking along the subject property's street frontage, and fractional amounts of which shall be rounded out to the next higher whole number of spaces.

(b)

Each space shall have minimum dimensions of nine feet clear by nineteen feet surfaced area, and shall not be located within the side yard or setback areas of the principal structure. One-half of the required spaces shall be covered.

(Ords. 78-40 § 1, 72-44 § 2, 71-59 § 2, 1761, 1569: prior code § 8151(j): Ord. 1224).

Article 84-26.14. - Open Area

Twenty-five percent of the area described by the development plan submitted pursuant to Article 84-26.18 shall not be occupied by building, structures, or pavement, but shall be landscaped. Seventy-five percent of the twenty-five percent (open area) shall be planted and maintained with growing plants.

(Ord. 78-40 § 1).

Article 84-26.16. - Building Relationship

Each building or structure shall be located at least twenty feet from each other building or structure, except that garages and covered walkways between buildings or structures may be permitted within this twentyfoot distance. A covered walkway shall not exceed ten feet in height, no more than fifty percent of the sides of the structures shall be enclosed with any material other than that necessary for roof supports, and walkway shall not be more than ten feet wide.

(Ord. 78-40 § 1).

Article 84-26.18. - Development Plans

No development is lawful in an M-29 district until a development plan for it has been submitted to and approved by the zoning administrator.

(Ords. 78-40 § 1, 72-44 § 2, 1761, 1569: prior code § 8151(l)(2): Ord. 1224).

All applications for development plan approved shall include drawings drawn to scale indicating the following:

(1)

Topography;

(2)

A boundary survey of the site;

(3)

All existing and proposed structures, the height of each structure, and the number of dwelling units in each structure;

(4)

Planting and landscape area;

(5)

Automobile parking areas;

(6)

Vehicular and pedestrian ways with grades, widths, and type of proposed improvements;

(7)

Access points providing ingress to and egress from the side;

(8)

Existing and proposed utilities;

(9)

Recreation facilities if any;

(10)

Surface drainage conditions and outlets;

(11)

Building elevations including architectural type;

(12)

Amount of studio, one bedroom, two bedroom, or other size apartment units;

(13)

Additional information as may be required by the zoning administrator including a statement of how the proposed plan is consistent with, and will further the goals and objectives of the general plan including, but not limited to, its community facilities element.

(Ords. 85-56 § 4, 78-40 § 1, 72-44 § 2, 1761, 1569: prior code § 8151(l)(2): Ord. 1224).

(a)

Review. The zoning administrator shall review development plan applications, for approval, modification, or denial in public hearing pursuant to and otherwise regulated by the land use permit provisions of Chapter 26-2.

(b)

Approval. In approving the application, the zoning administrator shall find that it is consistent with the purpose of this district and that it is compatible with other uses in the vicinity, both inside and outside the district.

(c)

Changes. When any plan has been approved by the zoning administrator it shall not thereafter be changed except with the zoning administrator's approval after review, for which the zoning administrator may schedule a public hearing under Chapter 26-2.

(d)

Conditions. The zoning administrator may impose reasonable conditions and limitations in addition to the requirements listed in this article, to carry out the purpose of this district.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ords. 78-40 § 1, 72-44 § 2, 1761, 1569: prior code (l)(5): Ord. 1224).

(a)

An applicant for rezoning to an M-29 district may submit simultaneously and in combination with the zoning application, or thereafter but before the board's final zoning decision, an application for approval of a development plan for the property.

(b)

Such a development plan application shall be processed and noticed as are those matters designated to come before the zoning administrator, except that it shall be initially heard by the planning commission. The commission's decision shall be a recommendation to the board of supervisors which shall make the final decision on the development plan along with the rezoning.

(Ords. 78-40 § 1, 72-44 § 2, 1761, 1569: prior code § 8151(l)(6): Ord. 1224).

Article 84-26.20. Land Use and Variance Permits

84-26.2002 - Granting.

Land use permits for the special uses enumerated in Section 84-26.404 and variance permits to modify the - provisions contained in Articles 84-26.6 through 84-26.18 may be granted in accordance with Chapters 26 2 and 82-6.

(Ords. 78-40 § 1, 72-44 § 2, 1761, 1569: prior code § 8151(m): Ord. 1224).

Chapter 84-28 - M-17 MULTIPLE FAMILY RESIDENTIAL DISTRICT

Article 84-28.2. General

All land within an M-17 multiple family residential district may be used for any of the following uses, under the following regulations set forth in this chapter.

(Ords. 78-40 § 1, 72-44 § 2, 1761, 1569: prior code § 8152: Ord. 1224).

Editor's note— Ord. No. 2014-11, § IX, adopted November 4, 2014, repealed § 84-28.204, in its entirety. Former § 84-28.204 pertained to M-3 district and was derived from Ords. 78-40 § 1, 72-44 § 2, 1761, 1569: prior code § 8152: Ord. 1224.

Article 84-28.4. Reference to M-29 District

Except as specified, the M-17 district is established and administered conformably with all the provisions of Chapter 84-26 on M-29 districts.

(Ord. 78-40 § 1).

The following items for M-17 districts are different from those for M-29 districts:

(1)

Coverage. No building or structure permitted in the M-17 district shall cover more than twenty-five percent of the lot area.

(2)

Unit Density. The maximum number of apartment units allowed in this district is seventeen per acre which maximum may be reduced as part of development plan review and approval. For each apartment unit a minimum of twenty-five hundred square feet of land in area shall be provided.

(Ord. 78-40 § 1).

Chapter 84-29 - M-12 MULTIPLE FAMILY RESIDENTIAL DISTRICT

Article 84-29.2. General

All land within an M-12 multiple family residential district may be used for any of the following uses, under the following regulations set forth in this chapter.

(Ords. 78-40 § 1, 71-112, 1862: prior code § 8152.5).

Editor's note— Ord. No. 2014-11, § X, adopted November 4, 2014, repealed § 84-29.204, in its entirety. Former § 84-29.204 pertained to M-4 district and was derived from Ords. 78-40 § 1, 71-112, 1862: prior code § 8152.5.

Article 84-29.4. Reference to M-29 District

Except as specified, the M-12 district is established and administered conformably with all the provisions of Chapter 84-26 on M-29 district.

(Ord. 78-40 § 1).

The following items for M-12 districts are different from those for M-29 districts:

(1)

Coverage. No building or structures permitted in the M-12 district shall cover more than twenty-five percent of the lot area.

(2)

Unit Density. The maximum number of apartment units allowed in this district is twelve per acre which maximum may be reduced as part of development plan review and approval. For each apartment unit a minimum of three thousand six hundred square feet of land in area shall be provided.

(Ord. 79-7 § 6, 78-40).

Chapter 84-30 - M-9 MULTIPLE FAMILY RESIDENTIAL DISTRICT

Article 84-30.2. General

All land within an M-9 multiple family residential district may be used for any of the following uses, under the following regulations set forth in this chapter.

(Ords. 78-40 § 1, 74-35).

84-30.204 - M-5 district.

All land zoned and located within an M-5 multiple family residential district shall be administered conformably with all the provisions of this chapter.

(Ords. 78-40 § 1, 74-35).

Article 84-30.4. Reference to M-29 District

84-30.402 - Conform to M-29 district.

The following items for M-9 districts are different from those for M-29 districts:

(1)

Coverage. No building or structure permitted in the M-9 district shall cover more than twenty-five percent of the lot area.

(2)

Unit Density. The maximum number of apartment units allowed in this district is nine per acre which maximum may be reduced as part of development plan review and approval. For each apartment unit a minimum of forty-eight hundred square feet of land in area shall be provided.

(Ord. 78-40 § 1).

Chapter 84-31 - M-6 MULTIPLE FAMILY RESIDENTIAL DISTRICT

Article 84-31.2. General

All land within an M-6 multiple family residential district may be used for any of the following uses, under the following regulations set forth in this chapter.

(Ords. 78-40 § 1, 74-35).

Article 84-31.4. Reference to M-29 District

Except as specified, the M-6 district is established and administered conformably with all the provisions of Chapter 84-26 on M-29 districts.

(Ord. 78-40 § 1).

The following items for M-6 districts are different from those for M-29 districts:

(1)

Coverage. No building or structure permitted in the M-6 district shall cover more than twenty-five percent of the lot area.

(2)

Unit Density. The maximum number of apartment units allowed in the district is six per acre which maximum may be reduced as part of development plan review and approval. For each apartment unit a minimum of seventy-two hundred square feet of land in area shall be provided.

(Ord. 78-40 § 1).

Chapter 84-32 - F-R FORESTRY RECREATION DISTRICT

All land within an F-R forestry recreation district may be used for any of the following uses, under the following regulations set forth in this chapter.

(Prior code § 8153 (part)).

Article 84-32.4. Uses

84-32.402 - Uses—Permitted.

Uses permitted in the F-R district shall be as follows:

(1)

All of the uses permitted in single-family residential districts and agricultural districts, together with the uses permitted by Division 84 after the granting of land use permits for the special uses authorized in any of these districts, except family care homes;

(2)

For public and private parks and playgrounds, summer homes, hotels, golf courses, organized recreation camps, residences, temporary and seasonal clubs and camps, and other recreational uses.

(Ord. 86-43 § 8: prior code § 8153(a)(b) (part)).

In the F-R district the following uses are permitted on the issuance of a land use permit:

(1)

Gift shops;

(2)

Tea rooms; and

(3)

A child care center, as the term is defined in California Code of Regulations, title 22, section 101152(c)(7), that has obtained all required state and local agency approvals and licenses.

(Ord. 86-43 § 9: prior code § 8153(a)(b) (part)).

(Ord. No. 2022-37, § VI, 12-6-22)

Article 84-32.6. Lots

All buildings or parts of buildings hereafter erected or altered for use as single-family dwellings in forestry recreation districts shall have a lot area of not less than one-half acre, and all these lots shall have an average width of not less than eighty feet.

(Prior code § 8153(c)).

Article 84-32.8. Building Height

No building or structure or part of it hereafter erected for use in a forestry recreation district shall be more than four stories or fifty feet in height.

(Prior code § 8153(d)).

Article 84-32.10. Yards

84-32.1002 - Yard—Side.

There shall be a side yard on each side of each building in a forestry recreation district. The aggregate width of side yards shall not be less than thirty-five feet, and no side yard shall be less than fifteen feet for each building. The depth of the rear yard of any lot on which a summer home is erected or altered shall not be less than fifteen feet.

(Prior code § 8153(e)).

Every structure erected in a forestry recreation district and every structure accessory to it shall be located at least twenty-five feet from the boundary line of any existing public road or highway.

(Prior code § 8153(f)).

Article 84-32.12. Land Use and Variance Permits

84-32.1202 - Land use and variance permit—Granting.

Land use permits for the special uses enumerated in Sections 84-32.402 and 84-32.404 and variance permits to modify the provisions contained in Sections 84-32.602 — 84-32.1004 may be granted after application in accordance with Chapter 82-6.

(Prior code § 8153(g)).

Chapter 84-34 - F-1 WATER RECREATIONAL DISTRICT

Article 84-32.2. General

84-34.202 - General provisions.

All areas within an F-1 water recreational district may be used for any of the following uses under the following regulations set forth in this chapter.

(Ord. 67-38 § 1 (part), 1967: prior code § 8154 (part): Ord. 671: Ord. 613).

Article 84-34.4. Uses

84-34.402 - Uses—Permitted.

Uses permitted in the F-1 district shall be as follows:

(1)

A detached single-family dwelling on each lot and accessory structures and uses normally auxiliary to it.

(2)

Crop and tree farming, not including the raising or keeping of any animals other than ordinary household pets.

(3)

Noncommercial boating facilities with a maximum of two boat berths, provided that the boating facilities have adequate sanitary facilities provided on the lot onto which the boat berths are attached or on the piers which are attached to the subject lot. Also, for each boat berth there shall be provided two off-street parking spaces on the lot onto which the boat berth is attached. The residential off-street parking requirement may be used to satisfy the parking requirement for one boat berth.

(4)

A foster family home or a small family home, as those terms are defined in Health and Safety Code section 1502(a), that has obtained all required state and local agency approvals and licenses.

(5)

A small family child care home or a large family child care home, as those terms are defined in California Code of Regulations, title 22, section 102352(f)(1), that has obtained all required state and local agency approvals and licenses.

(6)

Accessory dwelling units and junior accessory dwelling units in compliance with the provisions of Chapter 82-24.

(Ords. 86-43 § 10, 68-25 § 2, 1958: Ord. 67-38 § 1 (part), 1967: prior code § 8154(a): Ords. 671, 613).

(Ord. No. 2022-37, § VII, 12-6-22; Ord. No. 2020-01, § IX, 1-21-20)

84-34.404 - Uses—Requiring land use permit.

In the F-1 district, the following uses are permitted on the issuance of a land use permit:

(1)

All the uses designated for the R-6 district in Section 84-4.404 except for the deletion of "commercial nurseries, etc.";

(2)

Commercial boat harbors.

(Ord. 67-38 § 1 (part), 1967: prior code § 8154(b): Ord. 671: Ord. 613).

Article 84-36.6. Lots

84-34.602 - Lot—Area.

Lot area provisions for the F-1 district shall be the same as those for the R-6 district (Section 84-4.602).

(Ord. 67-38 § 1 (part), 1967: prior code § 8154(c): Ord. 671: Ord. 613).

84-34.604 - Lot—Width.

Lot width provisions for the F-1 district shall be the same as those for the R-6 district (Section 84-4.604).

(Ord. 67-38 § 1 (part), 1967: prior code § 8154(d): Ord. 671: Ord. 613).

84-34.606 - Lot—Depth.

Lot depth provisions for the F-1 district shall be the same as those for the R-6 district (Section 84-4.606).

(Ord. 67-38 § 1 (part), 1967: prior code § 8154(e): Ord. 671: Ord. 613).

Article 84-34.8. Building Height

84-34.802 - Building height—Maximum.

Building height provisions for the F-1 district shall be the same as those for the R-6 district (Section 844.802).

(Ord. 67-38 § 1 (part), 1967: prior code § 8154(f): Ord. 671: Ord. 613).

Article 84-34.10. Yards

84-34.1002 - Yard—Side.

Side yard provisions for the F-1 district shall be the same as those for the R-6 district (Section 84-4.1002).

(Ord. 67-38 § 1 (part), 1967: prior code § 8154(g): Ord. 671: Ord. 613).

84-34.1004 - Yard—Setback.

Setback (front yard) provisions for the F-1 district shall be the same as those for the R-6 district (Section 84-4.1004).

(Ord. 67-38 § 1 (part), 1967: prior code § 8154(h): Ord. 671: Ord. 613).

84-34.1006 - Yard—Levee setback.

There shall be a setback of at least fifty feet from the centerline of any levee located on or near the subject lot. A variance from this setback requirement may be granted by the zoning administrator through

administrative review. The zoning administrator may waive the necessity of a public hearing in the zoning administrator's review.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 67-38 § 1 (part), 1967: prior code § 8154(i): Ord. 671: Ord. 613).

84-34.1008 - Yard—Rear.

Rear yard provisions for the F-1 district shall be the same as those for the R-6 district (Section 84-4.1006).

(Ord. 67-38 § 1 (part), 1967: prior code § 8154(j): Ord. 671: Ord. 613).

Article 84-34.12. Off-Street Parking

84-34.1202 - Off-street parking—Space requirements.

Every dwelling unit permitted in the F-1 district shall have on the same lot or parcel, enough automobile storage space for at least two automobiles. This space shall be minimum dimension of nine feet by nineteen feet for each automobile, either covered or open, and shall not be located within the setback or side yard area of a principal structure.

(Ord. 67-38 § 1 (part), 1967: prior code § 8154(k): Ord. 671: Ord. 613).

Article 84-34.14. Land Use and Variance Permits

84-34.1402 - Land use and variance permit—Granting.

Land use permits for the special uses enumerated in Section 84-34.404, and variance permits to modify the provisions contained in Sections 84-34.402(3) and 84-34.602 through 84-34.1202 may be granted in accordance with Chapter 26-2.

(Ords. 74-21, 67-38: prior code §§ 8154(l), 8154(g): Ord. 613 [Ord. 382 § 4(o)(7)]).

Article 84-34.16. Mobilehomes

84-34.1602 - Mobilehomes—Restrictions.

Mobilehomes, except as provided in Chapter 84-70 shall not be permitted in the F-1 district. All those mobilehomes in existence in the areas classified as an F-1 district and which have been in existence following the application of the F-1 district to these respective areas shall be removed prior to December 31, 1968. This provision does not apply to mobilehomes that have been legally established.

(Ord. 67-38 § 3 (part), 1967: prior code § 8154 (part)).

Chapter 84-38 - A-2 GENERAL AGRICULTURAL DISTRICT

84-38.202 - General provisions.

All of the land lying within an A-2 general agricultural district may be used for any of the following uses, under the following regulations set forth in this chapter.

(Ord. 1569: Ord. 1555: prior code § 8156 (part): Ord. 1406).

Article 84-38.4. - Uses

The following uses are allowed in an A-2 district:

(1)

All types of agriculture, including general farming, wholesale horticulture and floriculture, wholesale nurseries and greenhouses, mushroom rooms, dairying, livestock production, fur farms, poultry raising, animal breeding, aviaries, apiaries, forestry, and similar agricultural uses.

(2)

Other agricultural uses, including the erection and maintenance of buildings for the storage of agricultural products and equipment; sheds; warehouses; granaries; dehydration plants; hullers; fruit and vegetable packing plants; and agricultural cold storage plants on parcels at least ten acres in size.

(3)

A grower stand or farm stand.

(4)

A detached single-family dwelling on each parcel and the accessory structures and uses normally auxiliary to it.

(5)

A foster family home or a small family home, as those terms are defined in Health and Safety Code section 1502(a), that has obtained all required state and local agency approvals and licenses.

(6)

A small family child care home or a large family child care home, as those terms are defined in California Code of Regulations, title 22, section 102352(f)(1), that has obtained all required state and local agency approvals and licenses.

(7)

Accessory dwelling units and junior accessory dwelling units in compliance with the provisions of Chapter 82-24.

(8)

A farmworker dwelling.

(9)

Farmworker housing complex.

(Ord. No. 2020-01, § X, 1-21-20; Ord. No. 2017-14, § IX, 9-19-17; Ords. 2007-23 § 3, 2006-19 § 4, 94-28 § 2, 86-43 § 13, 68-25 § 2, 1968, 1569, 1555, 1535: prior code § 8156(a): Ord. 1406).

The following uses may be allowed in an A-2 district on the issuance of a land use permit:

(1)

Publicly owned parks and playground.

(2)

Dude ranches, riding academies and stables, and dog kennels.

(3)

Publicly owned buildings and structures, except as provided in Division 82.

(4)

Commercial radio and television receiving and transmitting facilities but not including broadcasting studios or business offices.

(5)

Wind energy conversion systems. This use is allowed without a land use permit if used only as an accessory to an allowable residential or agricultural use.

(6)

A child care center, as the term is defined in California Code of Regulations, title 22, section 101152(c)(7), that has obtained all required state and local agency approvals and licenses.

(7)

Hospitals, animal hospitals, eleemosynary and philanthropic institutions, and convalescent homes.

(8)

Churches, religious institutions, and parochial and private schools.

(9)

Community buildings, clubs, and activities of a quasi-public, social, fraternal, or recreational character, such as golf, tennis or swimming clubs, or veterans' or fraternal organizations. These uses are prohibited if organized for monetary profit.

(10)

One additional single family dwelling.

(11)

Medical and dental offices and medical clinics.

(12)

Merchandising of agricultural supplies and services incidental to an agricultural use.

(13)

Commercial kitchens or other facilities for creating value-added farm products.

(14)

Canneries.

(15)

Slaughterhouses and stockyards.

(16)

Rendering plants and fertilizer plants or yards.

(17)

Livestock auction or sales yards.

(18)

Commercial recreational facilities when the principal use is not in a building.

(19)

Boat storage facilities within one mile by public road of a boat launching facility open to the public. Vessels and vessel trailers may be stored in a boat storage facility. Recreational vehicles may be stored in a boat storage facility as long as the number of recreational vehicles stored does not exceed fifteen percent of the total number of storage spaces in the storage facility.

(20)

Retail firewood sales.

(21)

Recycling operations intended to sort or process material for reuse. Junkyards, defined in Section 884.206, are prohibited.

(22)

Museums in which objects of historical, artistic, scientific or cultural importance are preserved and displayed.

(23)

A farm market.

(24)

Agricultural cold storage plants on parcels less than ten acres in size.

(25)

Farmworker housing center.

(26)

Commercial cannabis activities that meet the requirements of Chapter 88-28.

(Ord. No. 2024-06, § 4, 3-5-24; Ord. No. 2022-37, § VIII, 12-6-22; Ord. No. 2018-18, § 5, 6-26-18; Ord. No. 2017-14, § X, 9-19-17; Ord. No. 2013-12, § VI, 4-16-13; Ord. No. 2009-12, § III, 5-19-09; Ords. 2007-23 § 4, 2003-11 § 3, 94-28 § 2, 89-46 § 2, 76-36 § 3, 7437 § 2, 60-82, 1988, 1569 § 2: prior code § 8156(b): Ords. 1406 § 3, 497 § 4, 382 § 4E).

84-38.406 - Uses—Refuse disposal site—Permit required.

Refuse disposal sites are permitted in the A-2 district upon the issuance of a permit under the provisions of Chapter 418-4.

(Ord. 72-89 § 2, 1972).

Article 84-38.6. - Lots

84-38.608 - Lot area, width and depth.

Except as provided in Section 84-38.610, uses allowable under Article 84-38.4 are allowable only on lots which equal or exceed all of the following: five acres in area, two hundred fifty feet average width, and two hundred foot depth.

(Ord. 73-86 § 1 (part), 1973).

84-38.610 - Existing legal lots excepted.

Any single lot legally created in an A-2 district before November 29, 1973, at least forty thousand square feet in area may be used as provided in Article 84-38.4.

(Ord. 73-86 § 1 (part), 1973).

Article 84-38.8. - Building Height

84-38.802 - Building height—Maximum.

No structure or building permitted in an A-2 district shall exceed two and one-half stories or thirty-five feet in height, whichever is greater.

(Ord. 2003-11 § 4, Ord. 1569: Ord. 1555: prior code § 8156(f): Ord. 1406).

Article 84-38.10. - ards

There shall be an aggregate side yard width of at least forty feet. No side yards shall be less than twenty feet in width. No barns, stables, apiaries, aviaries, or other buildings or structures used to house livestock, grain-fed rodents, bees, birds, or poultry shall be located in the A-2 district nearer than fifty feet to the boundary line of any residential land use district.

(Ord. 1569: Ord. 1555: prior code § 8156(g): Ord. 1406).

Any structure in the A-2 district shall have a setback (front yard) of at least twenty-five feet except on corner lots, where the principal frontage of the lot shall have a setback of at least twenty-five feet and the other setback shall be at least twenty feet.

(Ord. 2003-11 § 5, Ord. 1569: Ord. 1555: prior code § 8156(g): Ord. 1406).

There shall be a rear yard of at least fifteen feet for any structure.

(Ord. 1569: Ord. 1555: prior code § 8156(i): Ord. 1406).

Article 84-38.12. - Land Use and Variance Permits

Land use permits for the special uses enumerated in Section 84-38.404 and variance permits to modify the provisions contained in Sections 84-38.602 through 84-38.1006 may be granted in accordance with Chapter 82-6.

(Ord. 1569: Ord. 1555: prior code § 8156(j): Ord. 1406).

Article 84-38.14 - Rooster Keeping

(a)

The minimum lot size on which to keep a rooster is five acres.

(b)

No person may keep, maintain, or harbor more than two roosters on a lot except as part of, or in connection with, any of the following:

(1)

Commercial poultry ranches registered with the California Department of Food and Agriculture and which primarily produce eggs or meat for commercial sale.

(2)

Public or private schools registered with the California Department of Education.

(3)

Projects sponsored by Future Farmers of America or other similar programs focused on youth agricultural education.

(4)

Legitimate poultry hobbyists as approved in writing by the animal services director.

(c)

In addition to any other remedy allowed by this code or applicable law, the animal services director may issue an administrative penalty under Article 416-4.8 to any responsible person for a violation of this article.

(Ord. No. 2018-06, § XVIII, 5-1-18)

Chapter 84-40 - A-3 HEAVY AGRICULTURAL DISTRICT Article 84-40.2. - General

All land within an A-3 heavy agricultural district may be used for any of the following uses, under the following regulations set forth in this chapter.

(Ord. 1569: prior code § 8157 (part): Ord. 1241).

Article 84-40.4. - Uses

Uses permitted in the A-3 district shall be all the uses designated for the A-2 district in Section 84-38.402 of this code.

(Ords. 2006-19 § 5, 1569, 1535; prior code § 8157(a): Ord. 1241).

The following uses may be allowed in an A-3 district on the issuance of a land use permit:

(1)

All allowed uses listed in Section 84-38.404, except livestock auction and sales yards.

(2)

Processing of milk not produced on the premises.

(3)

Commercial cannabis activities that meet the requirements of Chapter 88-28.

(Ord. No. 2018-18, § 5, 6-26-18; Ords. 2003-11 § 6, 94-28 § 3, 74-37 § 3, 1569 § 24, 1535 § 4; prior code § 8157(b): Ords. 1241 § 2 [382 § 4(X)]).

84-40.406 - Uses—Refuse disposal site—Permit required.

Refuse disposal sites are permitted in the A-3 district upon the issuance of a permit under the provisions of Chapter 418-4.

(Ord. 72-89 § 3, 1972).

Article 84-40.6. - Lots

84-40.602 - Lot—Area.

No agricultural pursuit shall be permitted and no structure permitted in the A-3 district shall be erected or placed on a lot smaller than ten acres, except that poultry raising, raising of grain-fed rodents, berry farming, greenhouses and nurseries, mushrooms rooms, fur farms, aviaries, and apiaries may be permitted on a lot at least two and one-half acres in area.

(Ord. 1569: prior code § 8157(c): Ord. 1241).

No agricultural pursuit shall be permitted and no structure permitted in the A-3 district shall be erected or placed on a lot less than one hundred forty feet in average width.

(Ord. 1569: prior code § 8157(d): Ord. 1241).

There shall be no minimum lot depth in the A-3 district.

(Ord. 1569: prior code § 8157(e): Ord. 1241).

Article 84-40.8. - Building Height

84-40.802 - Building height—Maximum.

(a)

Except as provided in subsection (b) of this section, there shall be no maximum building or structure height in the A-3 district.

(b)

No residential structure or building permitted in an A-3 district shall exceed two and one-half stories or thirty-five feet in height, whichever is greater.

(Ords. 2006-19 § 6, 1569: prior code § 8157(f): Ord. 1241).

Article 84-40.10. - Yards

84-40.1002 - Yard—Side.

No side yards shall be less than twenty-five feet wide; barns, stables, and other buildings or structures used to house livestock, grain-fed rodents, or poultry shall be at least fifty feet from the boundary line of any residential land use district.

(Ord. 1569: prior code § 8157(g): Ord. 1241).

84-40.1004 - Yard—Setback.

There shall be a setback (front yard) of at least twenty-five feet for any building or structure.

(Prior code § 8157(h): Ord. 1241).

84-40.1006 - Yard—Rear.

There shall be a setback of at least twenty-five feet for any building or structure.

(Prior code § 8157(i): Ord. 1241).

Article 84-40.12. - Land Use and Variance Permits

84-40.1202 - Land use and variance permit—Granting.

Land use permits for the special uses enumerated in Section 84-40.404 and variance permits to modify the provisions contained in Sections 84-40.602 through 84-40.1006 may be granted in accordance with this Chapter 82-6.

(Ord. 1569: prior code § 8157(j): Ord. 1241).

Article 84-40.14 - Rooster Keeping

84-40.1402 - Standards.

Rooster keeping standards for the A-3 district shall be the same as those for the A-2 district (Section 8438.1402).

(Ord. No. 2018-06, § XIX, 5-1-18)

Chapter 84-42 - A-4 AGRICULTURAL PRESERVE DISTRICT

Article 84-42.2. - General

All lands within an A-4 agricultural preserve district may be used for any of the following uses, under the following regulations set forth in this chapter.

(Ord. 68-54 § 1 (part), 1968: prior code § 8169 (part)).

This land use district is intended to provide areas that provide primarily for the commercial production of food and fibre and other compatible uses consistent with the intent and purpose of the Land Conservation Act of 1965.

(Ord. 68-54 § 1 (part), 1968: prior code § 8169 (part)).

Article 82-42.4. - Uses

The following uses are allowed in an A-4 district:

(1)

All types of commercial, agricultural production, including general farming, wholesale horticulture and floriculture, livestock production, aviaries, apiaries, forestry and similar agricultural uses, excepting those uses requiring a permit in Section 84-42.404.

(2)

Those agricultural and compatible uses specifically agreed upon between the county and the landowner at the time of entering into the agreement and designated in writing within the agreement.

(3)

Accessory dwelling units and junior accessory dwelling units in compliance with the provisions of Chapter 82-24, provided a land use permit has been obtained pursuant to Section 84-42.404 for the detached single-family dwelling on the parcel.

(4)

A grower stand or farm stand.

(5)

A farmworker dwelling.

(6)

Farmworker housing complex.

(Ord. No. 2020-01, § XI, 1-21-20; Ord. No. 2017-14, § XI, 9-19-17; Ords. 2007-23 § 5, 2006-19 § 7, 68-54 § 1 (part), 1968: prior code § 8169(a)).

84-42.404 - Uses—Requiring land use permit.

The following uses may be allowed in an A-4 district on the issuance of a land use permit:

(1)

Related commercial agricultural uses including the erection or modification of sheds, warehouses, granaries, hullers, dryers, fruit and vegetable packing and buildings for the storage of agricultural products and equipment.

(2)

A farm market.

(3)

A detached single-family dwelling on each parcel and the accessory structures and uses normally auxiliary to it. In no event shall any residential structure be permitted to be built or additional residential structure be erected on less than forty acres per unit for non-prime agricultural land, or less than ten acres per unit of the agricultural land. A separate land use permit is required for one additional single-family dwelling on the parcel.

(4)

Wholesale nurseries and greenhouses.

(5)

Hog ranches.

(6)

Dairying.

(7)

Fur farms.

(8)

Livestock and feed yards.

(9)

Poultry raising.

(10)

Commercial fish farming.

(11)

Commercial kitchens or other facilities for creating value-added farm products.

(12)

Canneries.

(13)

Mushroom houses.

(14)

Commercial radio and television receiving and transmitting facilities but not including broadcasting studios or business offices.

(15)

Those uses described in Government Code Section 51201(e).

(16)

Wind energy conversion systems, except when used only as an accessory to an allowable residential or agricultural use.

(17)

Farmworker housing center.

(Ord. No. 2024-06, § 5, 3-5-24; Ord. No. 2017-14, § XII, 9-19-17; Ord. No. 2013-12, § VII, 4-16-13; Ords. 2007-23 § 6, 2006-19 § 8, 2003-12 § 2, 86-61 § 3, 84-24 § 3, 68-54 § 1 (part), 1968: prior code § 8169(b)).

Article 84-42.6. - Parcels

Unless otherwise permitted in accordance with Section 84-42.402(2), no structure permitted in this district shall be placed or erected upon a parcel smaller than forty acres of non-prime agricultural land, or upon a parcel smaller than ten acres of prime agricultural land, where the parcel size otherwise meets the minimum density for the general plan land use designation. As used in this chapter, prime agricultural land has the meaning ascribed to it in Section 810-2.407.

(Gov. Code, § 51222; Ords. 2003-12, § 3, 68-54 § 1 (part), 1968: prior code § 8169(c)).

No agricultural pursuit shall be permitted, and no structure permitted in the A-4 district shall be erected or placed on a lot less than three hundred feet in average width.

(Ord. 68-54 § 1 (part), 1968: prior code § 8169(d)).

Article 84-42.8. - Lots

No agricultural pursuit shall be permitted, nor shall any structure or use herein permitted be erected, placed, or established on a lot less than three hundred feet deep.

(Ord. 68-54 § 1 (part), 1968: prior code § 8169(e)).

Article 84-42.10. - Building Height

84-42.1002 - Building height—Maximum.

(a)

Except as provided in subsection (b) of this section, there shall be no maximum building or structure height in the A-4 district.

(b)

No residential structure or building permitted in an A-4 district shall exceed two and one-half stories or thirty-five feet in height, whichever is greater.

(Ords. 2006-19 § 9, 68-54 § 1 (part), 1968: prior code § 8169(f)).

Article 84-42.12. Yards

No side yard shall be less than fifty feet in width; barns, stables, and other buildings or structures used to house livestock, grain-fed rodents, or poultry shall be at least fifty feet from the boundary line of any residential land use district.

(Ord. 68-54 § 1 (part), 1968: prior code § 8169(g)).

84-42.1204 - Yard—Setback.

There shall be a setback (front yard) of at least fifty feet for any building or structure.

(Ord. 68-54 § 1 (part), 1968: prior code § 8169(h)).

There shall be a rear yard of at least twenty-five feet for any building or structure.

(Ord. 68-54 § 1 (part), 1968: prior code § 8169(i)).

Article 84-42.14. Land Use and Variance Permits

84-42.1402 - Land use and variance permits—Granting.

Land use permits for the special uses enumerated in Section 84-42.404 and variance permits to modify the provisions contained in Sections 84-42.602 — 84-42.1206 may be granted in accordance with Chapter 826.

(Ord. 68-54 § 1 (part), 1968: prior code § 8169(j)).

Article 84-42.16 - Rooster Keeping

Rooster keeping standards for the A-4 district shall be the same as those for the A-2 district (Section 8438.1402).

(Ord. No. 2018-06, § XX, 5-1-18)

Chapter 84-44 - O-1 LIMITED OFFICE DISTRICT

Article 84-44.2. General

84-44.202 - General provisions.

All land within an O-1 limited office district may be used for any of the following uses, under the following regulations set forth in this chapter.

(Ord. 1883: prior code § 8157.5 (part)).

Article 84-44.4. Uses

84-44.402 - Use—Permitted.

The following uses are permitted provided that no merchandise is stored, handled, displayed or sold on the premises:

(1)

Professional offices such as those pertaining to, but not limited to, the practice of law, architecture, dentistry, medicine, engineering and accounting;

(2)

Administrative, executive and editorial offices;

(3)

Business offices for insurance, real estate and investment brokers or representatives.

(Ords. 76-75 § 4 (part), 1883: prior code § 8157.5(a)).

84-44.404 - Use—Requiring land use permit.

In the O-1 district the following uses are permitted upon the issuance of a land use permit:

(1)

Hospitals, eleemosynary and philanthropic institutions, convalescent homes, and boarding homes.

(2)

Churches, religious institutions, and parochial and private schools.

(3)

Community buildings, clubs, and activities of a quasi-public, social, fraternal or recreational character, such as golf, tennis and swimming clubs; veterans' and fraternal organizations not organized for monetary profit.

(4)

Publicly owned buildings and structures, except as provided in Division 82.

(5)

Studios and galleries for arts and crafts, music and dance, and photography.

(6)

Commercial radio and television receiving and transmitting facilities; broadcasting studios or business offices; home cablevision facilities, including repair shops, storage areas, and equipment parking space necessary for operation and maintenance of the system.

(7)

Drug and prescription sales accessory to a medical office or clinic providing such use is definitely incidental to the primary use and is not visible from the street.

(8)

Animal hospital.

(9)

A child care center, as the term is defined in California Code of Regulations, title 22, section 101152(c)(7), that has obtained all required state and local agency approvals and licenses.

(Ords. 76-75 § 4 (part), 71-95 § 1, 71-55 § 1, 1883: prior code § 8157.5(b)).

(Ord. No. 2022-37, § X, 12-6-22)

Article 84-44.6. Lots

84-44.602 - Lot—Area.

No building or structure permitted in the O-1 district shall be erected or placed on a lot having less than fifteen thousand square feet.

(Ord. 1883: prior code § 8157.5(c)).

No building or structure permitted in the O-1 district shall be erected or placed on a lot having less than one hundred feet in average width.

(Ord. 1883: prior code § 8157.5(d)).

84-44.606 - Lot—Depth.

No building or structure permitted in the O-1 district shall be erected or placed on a lot having less than ninety feet in depth.

(Ord. 1883: prior code § 8157.5(e)).

No buildings or structures permitted in the O-1 district shall cover more than thirty-five percent of the lot area.

(Ord. 1883: prior code § 8157.5(l)).

Article 84-44.8. Building Height

No building or structure permitted in the O-1 district shall exceed two and one-half stories or thirty-five feet in height.

(Ord. 1883: prior code § 8157.5(f)).

Article 84-44.10. Yards

84-44.1002 - Yard—Side.

There shall be an aggregate side yard width of at least fifteen feet with no single side yard being less than five feet in width, except that when a side yard abuts a residential land use district, it shall then have a minimum width of fifteen feet with a minimum of five-foot width on the other side.

(Ord. 1883: prior code § 8157.5(g)).

There shall be a setback (front yard) of at least twenty feet for any building or structure in the O-1 district; on corner lots, the principal frontage of the lot shall have a setback of at least twenty feet and the other setback shall be at least fifteen feet.

(Ord. 1883: prior code § 8157.5(h)).

84-44.1006 - Yard—Rear.

Rear yard provisions for the O-1 district shall be the same as those for the R-6 district (84-4.1006).

(Ord. 1883: prior code § 8157.5(i)).

Article 84-44.12. Off-Street Parking

84-44.1202 - Off-street parking—Space requirements.

One automobile storage space shall be provided on the same lot or parcel for each two hundred square feet of floor area of building, except that for medical and dental offices, a minimum of five automobile storage spaces shall be provided on the same lot or parcel for each full-time doctor.

(Ord. 1883: prior code § 8157.5(j)).

Article 84-44.14. Building Size

84-44.1402 - Building size—Gross floor area.

No building in the O-1 district shall have a gross floor area exceeding fifteen thousand square feet.

(Ord. 1883: prior code § 8157.5(k)).

Article 84-44.16. Open Area

84-44.1602 - Open area—General provisions.

Twenty-five percent of the parcel shall not be occupied by buildings, structures, or pavement, but shall be landscaped. Seventy-five percent of this twenty-five (open area) shall be planted and maintained with growing plants.

(Ord. 1883: prior code § 8157.5(m)).

Article 84-44.18. Signs

84-44.1802 - Sign—Restrictions.

One sign per parcel having a maximum size of ten square feet shall be permitted. No sign shall rotate, flash, or animate. No sign shall exceed the height of the roof eave line or twenty feet, whichever is lowest. No sign shall face a residential land use district which may be abutting the subject parcel. No freestanding signs are to be permitted.

(Ords. 74-51, 1883; prior code § 8157.5(n)).

Article 84-44.20. Site Plan and Elevations

84-44.2002 - Site plan and elevation—Scale drawing.

All developments proposed on the O-1 district shall submit an application to gain approval of the site plan and elevations. The application shall include drawings drawn to scale indicating the same data required for the M-4 district (Section 84-30.2202) except for the deletion of "Amount of studio, one bedroom, two bedroom or other size apartment units." Reference to "zoning administrator" is changed to "board of adjustment" in final item.

(Ord. 1883: prior code § 8157.5(o)(1)).

84-44.2004 - Site plan and elevation—Review and approval of application.

The board of adjustment shall review the site plan and elevations applications in public hearing under Chapter 26-2. In approving the application, the board of adjustment shall find that the application is consistent with the intent of the O-1 district and that it is compatible with other uses in the vicinity, both within and without the district. When any plan has been approved by the board of adjustment, it shall not thereafter be altered or changed except with the approval of the board of adjustment after reviewing the proposed alterations or changes. For the review the board of adjustment may schedule a public hearing under Chapter 26-2.

(Ord. 1883: prior code § 8157.5(o)(2)).

84-44.2006 - Site plan and elevation—Imposition of conditions.

The board of adjustment may impose reasonable conditions and limitations in addition to the requirements listed in this chapter in order to further carry out and develop the intent and purpose of the O-1 district.

(Ord. 1883: prior code § 8157.5(o)(3)).

84-44.2008 - Site plan and elevation—Rezoning to O-1 district.

An applicant requesting a change in zoning to the O-1 limited office district shall follow the procedure set forth for the M-4 district (Section 84-30.2208).

(Ord. 1883: prior code § 8157.5(o)(4)).

Article 84-44.22. Land Use and Variance Permits

84-44.2202 - Land use and variance permit—Granting.

Land use permits for the special uses enumerated in Section 84-44.404 and variance permits contained in Sections 84-44.602 through 84-44.1802 may be granted in accordance with Chapter 82-6.

(Ord. 1883: prior code § 8157.5(p)).

Chapter 84-46 - A-O ADMINISTRATIVE OFFICE DISTRICT

Article 84-46.2. General

84-46.202 - General provisions.

All land within an administrative office district may be used for any of the following uses, under the following regulations set forth in this chapter.

(Ord. 1487: prior code § 8158 (part): Ord. 1050).

Article 84-46.4. Uses

84-46.402 - Uses—Permitted.

Uses permitted in this district shall be as follows:

(1)

Offices of an administrative, executive, professional, editorial, governmental or similar nature if no merchandise is handled for sale and no merchandising services are rendered except those incidental or accessory to the principal use;

(2)

Research institutes and laboratories devoted to experimental study such as testing and analyzing. To insure that any testing and analyzing activities are not objectionable because of noise, dust, fumes, smoke, light, odor or air pollution, a land use permit shall be secured from the planning commission for any such use. Manufacturing shall not be permitted;

(3)

Professional offices and laboratories such as medical-dental offices or the offices of lawyers, engineers or architects, if there are no retail sales. Prescription pharmacies but not drugstores are allowed in connection with medical-dental offices.

(Ord. 1487: prior code § 8158(a): Ord. 1050).

In the A-O district the following uses are permitted upon the issuance of a land use permit:

(1)

Hospitals, eleemosynary and philanthropic institutions and convalescent homes.

(Ord. 83-24§ 1).

Article 84-46.6. Lots

No building or structure shall be erected or placed on a lot having less than five acres.

(Ord. 75-1 § 1: § 84-46.602[l]: prior code § 8158(b): Ords. 1050, 1004).

84-46.605 - Width.

No building or structure shall be erected or placed on a lot having less than three hundred fifty feet in average width.

(Ord. 75-1 § 1: § 84-46.602[2]: prior code § 8158(b): Ords. 1050, 1004).

84-46.607 - Depth.

No building or structure shall be erected or placed on a lot having less than four hundred feet in average depth.

(Ord. 75-1 § 1: § 84-46.602[3]: prior code § 8158(b): Ords. 1050, 1004).

Not more than twenty-five percent of any lot's area shall be covered by buildings or structures.

(Ord. 75-1 § 1: § 84-46.604: prior code § 8158(f): Ords. 1050, 1004).

Article 84-46.8. Building Height

No building or structure or part of it hereafter erected or moved on a lot or building site in this district shall exceed thirty-five feet above the average finished ground level at the center of all walls of the building.

(Ord. 75-1 § 2: prior code § 8158(c): Ords. 1050, 1004).

Article 84-46.10. Yards

84-46.1001 - Side.

There shall be a minimum side yard width of at least fifty feet on each side.

(Ord. 75-1 § 3: § 84-46.1002: prior code § 8158(d): Ords. 1050, 1004).

84-46.1003 - Rear.

There shall be a minimum rear yard width of at least fifty feet.

(Ord. 75-1 § 3: § 84-46.1002: prior code § 8158(d): Ords. 1050, 1004).

84-46.1004 - Setback.

Every building or structure erected in this district shall be at least seventy-five feet from the boundary line of any public road or highway.

(Ord. 75-1 § 3: prior code § 8158(e): Ords. 1050, 1004).

Article 84-46.12. Off-Street Parking

84-46.1202 - General provisions.

One parking space of adequate size, shape and location for one passenger automobile is required for every two hundred square feet of floor area.

(Ord. 75-1 § 4: prior code § 8158(g)(2): Ords. 1050, 1004).

Article 84-46.14. Signs

One sign having a maximum size of thirty-five square feet shall be permitted. No sign shall rotate, flash or animate. No sign shall exceed the height of the roof eave line or twenty feet, whichever is lower. No sign shall face a residential land use district which may be abutting the subject lot.

(Ord. 75-1 § 5: prior code § 8158(g)(2): Ords. 1050, 1004).

Article 84-46.16. Development Plans

No development is lawful in an A-O district until a development plan for it has been submitted to and approved by the zoning administrator.

(Ord. 75-1 § 6: § 84-46.1602: prior code § 8158(g)(3): Ords. 1050, 1004).

All applications for development plan approval shall include scale drawings indicating the following:

(1)

Topography;

(2)

A boundary survey of the site;

(3)

All existing and proposed structures, and the height of each structure;

(4)

Planting and landscaping areas;

(5)

Automobile parking areas;

(6)

Vehicular and pedestrian ways, with grades, widths and type of proposed improvements;

(7)

Ingress and egress points for the site;

(8)

Existing and proposed utilities;

(9)

Recreational facilities, if any;

(10)

Surface drainage conditions and outlets;

(11)

Building elevations indicating architectural type;

(12)

Additional information as may be required by the zoning administrator including a statement of how the proposed plan is consistent with, and will further the goals and objectives of the general plan including, but not limited to, its community facilities element.

(Ords. 85-56 § 5, 75-1 § 6: prior code § 8158(g)(3): Ords. 1050, 1004).

(a)

Review. The zoning administrator shall review development plan applications, for approval, modification or denial, in public hearing pursuant to and otherwise regulated by the land use permit provisions of Chapter 26.2.

(b)

Approval. In approving the application, the zoning administrator shall find that it is consistent with the purpose of this district and that it is compatible with other uses in the vicinity, whether inside or outside the district.

(c)

Changes. When any plan has been approved by the zoning administrator, it shall not thereafter be changed except with the zoning administrator's approval after review, for which the zoning administrator may schedule a public hearing.

(d)

Conditions. The zoning administrator may impose reasonable conditions and limitations, in addition to the requirements in this chapter, to carry out the purpose of this district.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 75-1 § 6: § 84-46.1602: prior code § 8158(g)(3): Ords. 1050, 1004 §§ 1, 2).

Article 84-46.17. Open Area

At least twenty-five percent of every lot's area shall not be occupied by buildings, structures or pavement, but shall be landscaped as provided in this article. At least seventy-five percent of the twenty-five percent open area required by this section (at least eighteen and seventy-five one-hundredths percent of total area of every lot) shall be planted and maintained with growing plants.

(Ord. 75-1 § 7: §§ 84-46.1002, 84-46.1202: prior code § 8158(d), (g)(1): Ords. 1050, 1004).

Article 84-46.18. Variances

Variances from any of the regulations in Articles 84-46.6 through 84-46.14 and 84-46.17 of this chapter may be granted as provided in Section 26-2.1204 and related procedural provisions.

(Ord. 75-1 § 8: prior code § 8158(h): Ord. 1487).

Chapter 84-48 - INTERCHANGE TRANSITIONAL DISTRICT

Article 84-48.2. General

84-48.202 - General provisions.

All land within the district may be used for any of the following uses, under the following regulations set forth in this chapter.

(Ord. 67-43 § 1 (part), 1967: prior code § 8158.5 (part)).

Acquisition for highway interchanges have and may continue to leave parcels of land that may create difficult problems requiring solutions that provide the fullest possible agreement with the policies and goals of the general plan. This interchange transitional district is provided in order to establish a range of land uses from which may be selected one or several that would, through the application of exceptional or extraordinary design, develop the greatest number of compatibility factors and minimize or eliminate detrimental land use relationships. It is intended that this district shall have application only within the area of highway interchanges and their approaches, and then only when the above is clearly evident and found to exist by the planning agency.

(Ord. 67-43 § 1 (part), 1967: prior code § 8158.5(a)).

Article 84-48.4. Uses

84-48.402 - Use—Permitted.

Uses permitted in this district shall be the same as those for the R-6 district (84-4.402).

(Ord. 67-43 § 1 (part), 1967: prior code § 8158.5(b)).

84-48.404 - Use—Subject to site plan and elevations review.

Uses permitted, subject to site plan and elevations review by the zoning administrator, shall be as follows:

(1)

Hospitals, eleemosynary and philanthropic institutions, and convalescent homes;

(2)

Churches, religious institutions, and parochial and private schools, including nursery schools;

(3)

Community buildings, clubs, and activities of a quasi-public social, fraternal or recreational character, such as golf, tennis and swimming clubs; veterans' and fraternal organizations not organized for monetary profit;

(4)

Commercial nurseries;

(5)

Publicly-owned buildings and structures except as provided in Division 82;

(6)

Commercial radio and television receiving and transmitting facilities, including broadcasting studios or business offices;

(7)

Hotel or motel;

(8)

Two-family detached dwelling;

(9)

Professional offices such as those pertaining to, but not limited to, the practice of law, architecture, dentistry, medicine, engineering and accounting;

(10)

Administrative, executive and editorial offices;

(11)

Business offices for insurance, real estate and investment brokers or representatives.

(Ord. No. 2013-12, § VIII, 4-16-13; Ord. 67-43 § 1 (part), 1967: prior code § 8158.5(c)).

In this district the following uses are permitted upon the issuance of a land use permit by the board of adjustment:

(1)

Service station when designed as an accessory to and an integrated part of a motel or hotel complex;

(2)

Restaurant, when designed as an accessory to and an integrated part of a motel, hotel or office complex;

(3)

Drug and prescription sales when designed as an accessory to and an integrated part of a medical office, hospital or clinic providing such use is not visible from any street;

(4)

Animal hospitals.

(Ord. 67-43 § 1 (part), 1967: prior code § 8158.5(d)).

Article 84-48.6. Lots

84-48.602 - Lot—Area.

Lot area provisions for this district shall be the same as those for the R-10 district (Section 84-8.602).

(Ord. 67-43 § 1 (part), 1967: prior code § 8158.5(e)).

84-48.604 - Lot—Width.

Lot width provisions for this district shall be the same as those for the R-12 district (Section 84-10.604).

(Ord. 67-43 § 1 (part), 1967: prior code § 8158.5(f).

84-48.606 - Lot—Coverage.

Lot coverage provisions for this district shall be the same as those for the O-1 district (Section 84-44.608).

(Ord. 67-43 § 1 (part), 1967: prior code § 8158.5(k)).

Article 84-48.8. Building Height

84-48.802 - Building height—Maximum.

No building or structure permitted in this district shall exceed twenty-five feet in height.

(Ord. 67-43 § 1 (part), 1967: prior code § 8158.5(g)).

Article 84-48.10. Yards

84-48.1002 - Yard—Side.

Side yard provisions for this district shall be the same as those for the O-1 district (Section 84-44.1002).

(Ord. 67-43 § 1 (part), 1967: prior code § 8158.5(h)).

84-48.1004 - Yard—Setback.

There shall be a setback (front yard) of at least twenty feet for any building or structure in this district.

(Ord. 67-43 § 1 (part), 1967: prior code § 8158.5(i)).

84-48.1006 - Yard—Rear.

Rear yard provisions for this district shall be the same as those for the R-6 district (Section 84-4.1006).

(Ord. 67-43 § 1 (part), 1967: prior code § 8158.5(j)).

Article 84-48.12. Open Area

84-48.1202 - Open area—General provisions.

Open area provisions for this district shall be the same as those for the O-1 district (Section 84-44.1602).

(Ord. 67-43 § 1 (part), 1967: prior code § 8158.5(1)).

Article 84-48.14. Signs

84-48.1402 - Sign—Restrictions.

One sign per parcel having a maximum size of twenty-five square feet shall be permitted. No sign shall rotate, flash, or animate. No sign shall exceed the height of the roof eave line or twenty-five feet, whichever is the lowest. No sign shall face a residential land use district which may be abutting the subject parcel.

(Ord. 67-43 § 1 (part), 1967: prior code § 8158.5(m)).

Article 84-48.16. Site Plan and Elevations

84-48.1602 - Site plan and elevation—Scale drawing.

All developments proposed in this district, except as listed in Section 84-48.402 shall submit an application to gain approval of the site plan and elevations. The application shall include drawings drawn to scale

indicating the data required for the M-4 district (Section 84-30.2202) except for the deletion of "Amount of studio, one bedroom, two bedroom or other size apartment units." Reference to "zoning administrator" is changed to "board of adjustment" in final item.

(Ord. 67-43 § 1 (part), 1967: prior code § 8158.5(n)(1)).

84-48.1604 - Site plan and elevation—Review and approval of application.

The zoning administrator shall review the site plan and elevations applications as set forth in Section 8430.2204 for the M-4 district.

(Ord. 67-43 § 1 (part), 1967: prior code § 8158.5(n)(2)).

84-48.1606 - Site plan and elevation—Imposition of conditions.

Reasonable conditions may be imposed as set forth in Section 84-30.2206 for the M-4 district (Ord. 67-43 § 1 (part), 1967: prior code § 8158.5(n)(3)).

84-48.1608 - Site plan and elevation—Rezoning to the interchange transitional district.

An applicant requesting a change in zoning to interchange transitional district shall follow the procedure set forth for the M-4 district (Section 84-30.2208).

(Ord. 67-43 § 1 (part), 1967: prior code § 8158. 5(n)(4)).

Article 84-48.18. Site Plan, Land Use, and Variance Permit

84-48.1802 - Site plan, land use, and variance permit—Granting.

Site plan permits for the uses enumerated in Section 84-48.404 land use permits for the special uses enumerated in Section 84-48.406 and variance permits to modify the provisions of Sections 84-48.602 — 84-48.1402 may be granted in accordance with Chapter 82-6.

(Ord. 67-43 § 1 (part), 1967: prior code § 8 158.5(o)).

Chapter 84-49 - C-B COMMUNITY BUSINESS DISTRICT A

Article 84-49.2. General

84-49.202 - Generally.

All land within a C-B community business district may be used for any of the following uses, under the following regulations set forth in this chapter.

(Ord. 77-102).

84-49.204 - Purposes.

The purposes of this chapter's regulations are to enhance and stabilize the retail sales and personal services activities within central areas and to foster development of ever more attractive, higher quality

retail shopping areas, creating more concentrated, easily accessible retail shopping and personal services central areas for the benefit of businesses and consumers alike.

(Ord. 77-102).

Article 84-49.4. Uses

Uses allowed in the C-B district shall be those uses allowed in the O-1 limited office district (Section 8444.402), plus the carrying on of retail business if all its sales, demonstrations, displays, services and other activities are conducted within an enclosed building, except that unenclosed off-street parking is allowed.

(Ord. 77-102).

In the C-B district the following uses may be permitted by the issuance of a land use permit:

(1)

Animal hospital;

(2)

Auto garage which includes body repair and painting;

(3)

Structures having one or more residential units;

(4)

Other retail businesses where the sales, demonstrations, displays, services and other related activities, or some of them, are conducted other than in an enclosed building.

(Ord. 77-102).

Article 84-49.6. Lots

84-49.602 - Area.

No building or structure shall be erected or placed on a lot of less than five thousand square feet.

(Ord. 77-102).

No building or structure shall be erected or placed on a lot of less than fifty feet in average width.

(Ord. 77-102).

No building or structure shall be erected or placed on a lot of less than ninety feet in average depth.

(Ord. 77-102).

Article 84-49.8. Building Height

84-49.802 - Maximum.

No building or structure or part of it hereafter erected or moved on a lot or building site in this district shall exceed thirty-five feet above the average existing natural ground level at the center of all walls of the building.

(Ord. 77-102).

Article 84-49.10. Yards

84-49.1002 - Side.

No side yards are required except a minimum of ten feet abutting a residential district.

(Ord. 77-102).

84-49.1004 - Rear.

No rear yards are required except a minimum of fifteen feet abutting a residential district.

(Ord. 77-102).

84-49.1006 - Setback.

No setbacks (front yards) are required.

(Ord. 77-102).

Article 84-49.12. Off-street Parking

84-49.1202 - Requirements.

Off-street parking shall be provided as required by Chapter 82-16.

(Ord. 77-102).

Article 84-49.14. Signs

84-49.1402 - Requirements.

Signs are allowed in this district only as authorized and approved in accordance with Chapter 88-8.

(Ord. 77-102).

Article 84-49.16. Open Area

Maximum feasible landscaping shall be provided in this district consistent with applicable off-street parking requirements.

(Ord. 77-102).

Article 84-49.18. Development Plans

No development is lawful in this district until a development plan for it has been submitted and approved pursuant to Article 84-50.16. Scale drawings indicating soils and geological information shall be included as part of the application for development plan approval.

(Ord. 77-102).

Article 84-49.20. Land Use and Variance Permits

Land use permits for the special uses enumerated in Section 84-49.404 and variance permits to modify the provisions contained in Sections 84-49.602 through 84-49.802, 84-49.1202, and 84-49.1402 may be granted in accordance with Chapters 26-2 and 82-6.

(Ord. 77-102).

Chapter 84-50 - N-B NEIGHBORHOOD BUSINESS DISTRICT

Article 84-50.2. General

All land within an N-B neighborhood business district may be used for any of the following uses, under the following regulations set forth in this chapter.

(Ord. 1781: Ord. 1721: Ord. 1569: prior code § 8159 (part): Ord. 937: Ord. 479).

Article 84-50.4. Uses

(a)

Uses permitted in the N-B district shall be those uses for the carrying on of a neighborhood business, which is the barter, sale or exchange, to the consumer, of goods and services necessary for the day-to-day maintenance of a family. Neighborhood business uses shall be maintained and conducted wholly within

enclosed buildings, except that areas set aside for the temporary parking of patrons' vehicles need not be enclosed.

(b)

Permitted uses shall include the following and other of like character:

(1)

Bakery goods shops;

(2)

Barber and beauty shops;

(3)

Delicatessen shops;

(4)

Drugstores;

(5)

Grocery stores;

(6)

Laundry and cleaning agencies and press shops;

(7)

Meat markets;

(8)

Variety stores;

(9)

Shoe repair shops;

(10)

Professional offices; and

(11)

Real estate offices.

(Ord. No. 2022-03, § IX, 5-24-22; Ord. 1781: Ord. 1721: Ord. 1569: prior code § 8159(a): Ord. 937: Ord. 479).

In the N-B district, the following uses are permitted after the issuance of a land use permit:

(1)

Structure having three or more residential apartment units;

(2)

Gasoline service stations;

(3)

Reserved;

(4)

Where a road, having a right-of-way width of 55 feet or less, forms the common boundary between a district of this classification and a district of any residential classification, no access to property in the district of this classification adjacent to such common boundary shall be permitted to or from such road until a land use permit therefor has been obtained. The permit will be determined by the effects of traffic

upon such a road occasioned by use within such district, the characteristics of the adjacent areas, traffic problems, pedestrian traffic, and other considerations found pertinent to the particular area concerned.

(Ord. No. 2022-03, § X, 5-24-22; Ord. 67-27 § 1, 1967: Ord. 1781: Ord. 1721: Ord. 1569: prior code § 8159(b): Ord. 937: Ord. 479).

Article 84-50.6. Lots

All buildings or parts of buildings hereafter erected or altered for use for neighborhood business shall be situated on a lot at least thirty-five hundred square feet in area, and at least thirty-five feet in average width.

(Ord. 1781: Ord. 1721: Ord. 1569: prior code § 8159(c): Ord. 937: Ord. 479).

Article 84-50.8. Building Height

No building or structure or part of it hereafter erected for a neighborhood business use shall be more than fifty feet high above the highest point of ground elevation on the lot on which the building is erected.

(Ord. 1781: Ord. 1721: Ord. 1569: prior code § 8159(d): Ord. 937: Ord. 479).

Article 84-50.10. Yards

84-50.1002 - Yard—Side.

No side yards are required.

(Ord. 1781: Ord. 1721: Ord. 1569: prior code § 8159(c): Ord. 937: Ord. 479).

Every structure erected for neighborhood business use and every structure accessory to it shall be located at least twenty-five feet from the boundary line of any existing public road or highway.

(Ord. 1781: Ord. 1721: Ord. 1569: prior code § 8159(f): Ord. 937: Ord. 479).

Article 84-50.12. Land Use and Variance Permits

84-50.1202 - Land use and variance permit—Granting.

Land use permits for the special uses enumerated in Section 84-50.402 and variance permits to modify the provisions contained in Sections 84-50.602, 84-50.802 and 84-50.1004 may be granted after application in accordance with Chapter 82-6.

(Ord. 1781: Ord. 1721: Ord. 1569: prior code § 8159(g): Ord. 937: Ord. 479).

Article 84-50.14. Planned District

84-50.1402 - Planned district—Purpose.

When the board of supervisors finds, after proceedings for the precise zoning of an area have been taken by the planning commission, that one or more contiguous parcels of land are in a location and contain an area of size and shape adequate to provide neighborhood facilities needed to serve adjoining districts, these parcels may be established as a planned neighborhood business district. The purpose of a planned neighborhood business district is to provide an integrated plan for location of and proper relationships between buildings, control of area and height of buildings, adequate off-street parking, loading facilities, limitation of land uses, and locations of access for pedestrian and vehicular traffic, including ingress to and egress from public streets or ways or from any parcel to the other parcels, in order to provide overall arrangements for shopping facilities best suited to the public use. A planned neighborhood business district is to be established and developed with that purpose in mind, as provided in Sections 84-50.1404 — 84-50.1418.

(Ord. 1781: Ord. 1721: Ord. 1569: prior code § 8159(h) (part): Ord. 937: Ord. 479).

84-50.1404 - Planned district—Enlarged detailed map.

An enlarged detailed map shall be made a part of the zoning ordinance of this county, designating the parcel or parcels included on it as a planned neighborhood business district. The map shall delineate locations of access, sites for the placement of buildings and spaces about buildings, and off-street parking areas integrated for the district as a whole.

(Ord. 1781: Ord. 1721: Ord. 1569: prior code § 8159(h)(l): Ord. 937: Ord. 479).

Buildings may be erected within the sites shown on the enlarged detailed map, but may not exceed in area one-fourth of the total area of the parcel on which the buildings are erected, except that a variance permit to modify this provision may be given by the zoning administrator. The owner of the parcel may erect buildings up to the full one-fourth of total areas but no owner shall subdivide any parcel by selling or conveying any part of the parcel if either the part remaining or any part sold or conveyed contains buildings in excess of one-fourth of the total area: in addition to any other remedy available to parties interested for the violation of this provision, no building permit shall be issued to any person for construction of any building on any part of the subdivided parcel until all parts of the parcel in separate ownerships satisfy the building area limitations of this section. "Building," as used in this section, includes service station pump islands, open or covered storage areas, covered ground floor or multi-storied parking facilities, but does not include covered porches, walkways, colonnades, porticos, peristyles, breezeways, and other structures of similar design and purpose, provided that the areas within such structures are not intended or used for the storage of chattels, the sale of goods or merchandise or the carrying on of any other commercial activity.

(Ord. 67-29 § 1, 1967: Ord. 1781: Ord. 1721: Ord. 1569: prior code § 8159(h)(2): Ord. 937: Ord. 479).

84-50.1408 - Planned district—Vehicular access.

Vehicular access from public streets to parcels and from one parcel to another shall occur only at the locations indicated on the enlarged detailed map.

(Ord. 1781: Ord. 1721: Ord. 1569: prior code § 8159(h)(3): Ord. 937: Ord. 479).

84-50.1410 - Planned district—Areas on which no building is erected.

Areas of any parcel in a planned neighborhood business district on which no building is erected may be used for the following uses and purposes, except that there shall not be obstructions of locations of access other than legally required to prevent acquisition by adverse possession or prescription: walks, drives, curbs, gutters, parking areas, utility structures, light poles, sign poles and signs, and landscaping features. Within areas on which no building is erected at least two and one-half square feet of parking space must be made available for each one square foot of area occupied by buildings on the same parcel; this ratio may be reduced by land use permit to not less than one and one-half square feet of parking space for each one square foot of building area occupied by buildings on the same parcel, when the public body issuing the land use permit finds:

(1)

That the reduction will not be contrary to the intent or the purpose of Section 84-50.1402 — 84-50.1418 or contrary to the public interest, safety, health, and welfare;

(2)

That because of special conditions or exceptional characteristics of the parcel or its location or surroundings, adherence to the exact limitations of Section 84-50.1402 — 84-50.1418 would be unreasonable;

(3)

That reduction of parking area will not impair the integrated plan for shopping facilities in the planned neighborhood business district.

(Ord. 1781: Ord. 1721: Ord. 1569: prior code § 8159(h)(4): Ord. 937: Ord. 479).

Anything in Section 82-2.008 notwithstanding, no building or part of it located in a planned neighborhood business district shall be more than two stories nor more than thirty feet high to top-plate of the building, and no structure other than a building, including signs, shall be higher than any building on the same parcel. Signs not attached to any building may have a height not greater than twenty-five feet. The foregoing limitations shall not affect public utilities structures and television antennae.

(Ord. 1781: Ord. 1721: Ord. 1569: prior code § 8159(h)(5): Ord. 937: Ord. 479).

Uses allowed in a planned neighborhood business district shall be those allowed in an R-B retail business district and the N-B neighborhood business district except the following which shall not be allowed:

(1)

Residential uses including hotels and motels, except living accommodations of an accessory nature;

(2)

Nonaccessory signs;

(3)

Roof signs, except gasoline service station signs attached to pump islands or pump island canopies;

(4)

Cabinet shops, animal hospitals or kennels, animal or poultry husbandry, granaries, dehydration plants, wineries, canneries, agricultural warehouses, sheet metal shops, pawn shops, mortuaries, cemeteries, or crematoriums, and lumber yards;

(6)

Those business uses which are not maintained and conducted wholly within enclosed buildings.

(Ord. 72-57 § 1, 1972; Ord. 1781: Ord. 1721: Ord. 1569: prior code § 8159(h)(6): Ord. 937: Ord. 479).

In the N-B district the following uses are allowable by land use permit: Plant nurseries and amusement establishments.

(Ord. 72-57 § 2, 1972: prior code § 8159(h)(6½)).

84-50.1416 - Planned district—Land use permits.

Land use permits for the modification of the enlarged detailed map may be granted only after the owner of the property involved has made application in accordance with applicable county regulations; modifications must be consistent with the purposes and intent of Section 84-50.1402 — 84-50.1418.

(Ord. 1781: Ord. 1721: Ord. 1569: prior code § 8159(h)(7): Ord. 937: Ord. 479).

84-50.1418 - Planned district—Plans—Approval.

Plans for building and site development of any parcel shall be submitted to the building inspector by the owner of the parcel with the owner's application for any building permit.

Plans shall show, among other things, grades and contours on that and adjoining parcels and shall provide for loading facilities separate from public entrances to any building. The plans shall be referred by the building inspector to the planning department with the building inspector's request for an approval as to zoning. The planning department shall approve the plans if they provide reasonable loading facilities, conform with the enlarged detailed map, and are consistent with the purposes and intent of Section 8450.1402 — 84-50.1418. Disputes arising under this section shall be referred to the board of adjustment for administration.

(Ord. 1781: Ord. 1721: Ord. 1569: prior code § 8159(h)(8): Ord. 937: Ord. 479).

Article 84-50.16. Development Plans

84-50.1602 - Development plan required.

No development is lawful in an N-B district until a development plan for it has been submitted to and approved by the zoning administrator.

(Ord. 74-36 § 1).

All applications for development plan approval shall include scale drawings indicating the following:

(1)

Topography;

(2)

A boundary survey of the site;

(3)

All existing and proposed structures, and the height and number of dwelling units in each;

(4)

Planting and landscaping areas;

(5)

Automobile parking areas;

(6)

Vehicular and pedestrian ways with grades, widths, and type of proposed improvements;

(7)

Ingress and egress points for the site;

(8)

Existing and proposed utilities;

(9)

Recreational facilities, if any;

(10)

Surface drainage conditions and outlets;

(11)

Building elevations indicating architectural type;

(12)

Additional information as may be required by the zoning administrator including a statement of how the proposed plan is consistent with, and will further the goals and objectives of the general plan including, but not limited to, its community facilities element.

(Ords. 85-56 § 6, 73-36 § 1).

(a)

Review. The zoning administrator shall review development plan applications, for approval, modification, or denial, in public hearing pursuant to and otherwise regulated by the land use permit provisions of Chapter 26-2.

(b)

Approval. In approving the application, the zoning administrator shall find that it is consistent with the purpose of this district and that it is architecturally compatible with other uses in the vicinity, both inside and outside the district.

(c)

Changes. When any plan has been approved by the zoning administrator, it shall not thereafter be changed except with the zoning administrator's approval after review, for which the zoning administrator may schedule a public hearing.

(d)

Conditions. The zoning administrator may impose reasonable conditions and limitations in addition to the requirements listed in this article, to carry out the purpose of this district.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 74-36 § 1).

84-50.1608 - Rezoning to N-B district.

(a)

An applicant for rezoning to an N-B district may submit simultaneously and in combination with the zoning application, or thereafter but before the board's final zoning decision, an application for approval of a development plan for the property.

(b)

Such a development plan application shall be processed and noticed as are those matters designated to come before the zoning administrator, except that it shall be initially heard by the planning commission. The commission's decision shall be a recommendation to the board of supervisors which shall make the final decision on the development plan along with the rezoning.

(Ord. 74.36 § 1).

Chapter 84-52 - R-B RETAIL BUSINESS DISTRICT

Article 84-52.2. General

All land within an R-B retail business district may be used for any of the following uses, under the following regulations set forth in this chapter.

(Ord. 2011: Ord. 1985: Ord. 1781: Ord. 1569: prior code § 8160(part): Ord. 1046: Ord. 556: Ord. 382).

Article 84-52.4. Uses

Uses permitted in the R-B district shall be as follows:

(1)

The carrying on of a retail business as defined in Section 82-4.216 provided all the sales, demonstrations, displays, services and other activities of the retail business are conducted within an enclosed building, except that off-street parking shall be permitted;

(2)

All of the uses permitted in single-family and two-family residential districts together with the uses permitted in these districts after the granting of land use permits; and

(3)

Hotels and motels.

(Ord. No. 2022-03, § XI, 5-24-22; Ord. 2011: Ord. 1985: Ord. 1781: Ord. 1569: prior code § 8160(a): Ord. 1046: Ord. 556: Ord. 382).

In the R-B district the following uses are permitted after the issuance of a land use permit:

(1)

Lumber yard;

(2)

Cabinet shop;

(3)

Sheet metal shop;

(4)

Animal hospital;

(5)

Commercial dog kennel;

(6)

Hobby dog kennel;

(7)

Auto garage which includes body repair and painting;

(8)

Building contractor's yard;

(9)

Structures having three or more residential apartment units. Minimum off-street parking requirements for apartment units shall be as required in Section 84-24.1202;

(10)

Other retail businesses where the sales, demonstrations, displays, services and other activities, or some of them, are conducted other than in an enclosed building;

(11)

Reserved;

(12)

Reserved;

(13)

Where a road, having a right-of way width of 55 feet or less, forms the common boundary between a district of this classification and a district of any residential classification, no access to property in the district of this classification adjacent to such common boundary shall be permitted to or from such road until a land use permit therefor has been obtained. The permit will be determined by the effects of traffic upon such a road occasioned by use within such district, the characteristics of the adjacent areas, traffic problems, pedestrian traffic, and other considerations found pertinent to the particular area concerned;

(14)

A manufacturing research use which is to be established in an existing fully enclosed building where no alterations, or a minimum amount of alterations, would be required to accommodate such use; and which wholly involves products of small bulk; and which meets the following standards:

(A)

No smoke of any kind shall be permitted.

(B)

No odors created by any industrial or processing operation shall be perceptible at the property site boundaries.

(C)

No discharge into the air of any dust, dirt or particular matter, created by any industrial operation or emanating from any products prior to or subsequent to processing shall be permitted.

(D)

No corrosive, obnoxious or toxic fumes or gases shall be permitted.

(E)

No heat or glare shall be perceptible at any point beyond the subject boundaries.

(F)

No manufacturing, processing or laboratory research shall be permitted which would create or establish an unusually special or dangerous fire or safety hazard to surrounding properties.

(G)

No ground vibrations shall be perceptible at the property site boundaries.

(H)

No emanation of noise exceeding seventy decibels at the boundaries of the property shall be permitted.

(I)

All manufacturing, processing or research operations shall be conducted within enclosed buildings.

(J)

All open storage areas shall be screened by solid walls, fences or adequate plantings of not less than six feet in height and in no case shall materials be stacked or stored higher than the screen.

(15)

Single room occupancy facilities that meet the requirements of Chapter 82-48;

(16)

Commercial cannabis activities that meet the requirements of Chapter 88-28.

(Ord. No. 2022-03, § XII, 5-24-22; Ord. No. 2018-18, § 5, 6-26-18; Ord. No. 2014-11, § VI, 11-4-14; Ord. 68-52 § 2, 1968: Ord. 67-39 § 6, 1967: Ord. 67-27 § 1, 1967: Ord. 2011: Ord. 1985: Ord. 1781: Ord. 1569: prior code § 8160(b): Ord. 1046: Ord. 556: Ord. 382).

Article 84-52.6. - Lots

Lot area provisions for the R-B district shall be the same as those for the N-B district (Section 84-50.602).

(Ord. 2011: Ord. 1985: Ord. 1984: Ord. 1781: Ord. 1569: prior code § 8160(c): Ord. 1046: Ord. 556: Ord. 382).

Article 84-52.8. - Building Height

84-52.802 - Building height—Maximum.

Building height provisions for the R-B district shall be the same as those for the N-B district (Section 8450.802).

(Ord. 2011: Ord. 1985: Ord. 1984: Ord. 1781: Ord. 1569: prior code§ 8160(d): Ord. 1046: Ord. 556: Ord. 382).

Article 84-52.10. - Yards

84-52.1002 - Yard—Side.

No side yards are required.

(Ord. 2011: Ord. 1985: Ord. 1984: Ord. 1781: Ord. 1569: prior code § 8160(e): Ord. 1046: Ord. 556: Ord. 382).

84-52.1004 - Yard—Setback.

Every structure erected for retail business use and every structure accessory to it shall be located at least ten feet from the boundary line of any existing road or highway.

(Ord. 2011: Ord. 1985: Ord. 1984: Ord. 1781: Ord. 1569: prior code § 8160(f): Ord. 1046: Ord. 556: Ord. 382).

Article 84-52.12. - Land Use and Variance Permits

84-52.1202 - Land use and variance permit—Granting.

Land use permits for the special uses enumerated in Section 84-52.404 and variance permits to modify the provisions contained in Sections 84-52.602 — 84-52.1004 may be granted after application in accordance with Chapter 82-6.

(Ord. 2011: Ord. 1985: Ord. 1984: Ord. 1781: Ord. 1569: prior code § 8160(g): Ord. 1046: Ord. 556: Ord. 382).

Article 84-52.14. - Special District

84-52.1402 - Special district—Generally.

A single parcel of land, containing at least twenty acres, located in a retail business district, may be developed as a special retail business district as provided in Sections 84-52.1404 — 84-52.1412.

(Ord. 2011: Ord. 1985: Ord. 1984: Ord. 1781: Ord. 1569: prior code § 8160(h) (part): Ord. 1046: Ord. 556: Ord. 382).

84-52.1404 - Special district—Enlarged, detailed map.

An enlarged detailed map shall be made a part of this chapter and shall state on the map that it is a special retail business district. The map shall delineate, and set forth the conditions for, the placement of buildings

and spaces about buildings in legend form on the face of the map and thereby becomes a part of Sections 84-52.1402 — 84-52.1412 and of the detail of the area to which it applies.

(Ord. 2011: Ord. 1985: Ord. 1984: Ord. 1781: Ord. 1569: prior code § 8160(h)(1): Ord. 1046: Ord. 556: Ord. 382).

84-52.1406 - Special district—Land use permits.

Land use permits for the modification of any of the details set forth on the enlarged detail map may be granted after application under Chapter 82-6.

(Ord. 2011: Ord. 1985: Ord. 1984: Ord. 1781: Ord. 1569: prior code§ 8160(h)(2): Ord. 1046: Ord. 556: Ord. 382).

84-52.1408 - Special district—Lot area.

In special business districts Section 84-52.1002, regulating lot area, shall not apply.

(Ord. 2011: Ord. 1985: Ord. 1984: Ord. 1781: Ord. 1569: prior code § 8160(h)(3): Ord. 1046: Ord. 556: Ord. 382).

84-52.1410 - Special district—Building construction.

The enlarged detail map shall contain precise designations for sites of buildings. Only one building may be constructed within a precise building site, but land use permits to construct additional buildings on the site may be granted after application under Chapter 82-6.

(Ord. 2011: Ord. 1985: Ord. 1984: Ord. 1781: Ord. 1569: prior code § 8160(h)(4): Ord. 1046: Ord. 556: Ord. 382).

84-52.1412 - Special district—Areas not included in building sites.

Areas in special retail business districts not included in precise building sites may be used for the following uses and purposes: walks, drives, curbs, gutters, parking areas, accessory buildings to parking areas, and other landscaping features not including buildings or structures, but buildings or structures may be erected in these areas on the issuance of a land use permit for them.

(Ord. 2011: Ord. 1985: Ord. 1984: Ord. 1781: Ord. 1569: prior code § 8160(h)(5): Ord. 1046: Ord. 556: Ord. 382).

Article 84-52.16. - Development Plans

84-52.1602 - Development plans required, procedure.

No development is lawful in an R-B district until a development plan for it has been submitted and approved pursuant to the procedures in Article 84-50.16.

(Ord. 74-36 § 2).

Chapter 84-54 - C GENERAL COMMERCIAL DISTRICT

Article 84-54.2. - General

All land within a C general commercial district may be used for any of the following uses, under the following regulations set forth in this chapter.

(Ord. 2011: Ord. 1984: Ord. 1781: Ord. 1569: prior code § 8161 (part): Ord. 1046: Ord. 382).

Article 84-54.4. - Uses

84-54.402 - Uses allowed.

The following uses are allowed in C districts:

(1)

All types of wholesale businesses, warehouses, freight terminals, trucking yards, lumberyards, cabinet shops, sheet metal shops, auto repair garages, contractor's yards, and uses allowed in single-family and two-family residential districts without or with a land use permit;

(2)

Uses allowed in N-B and R-B districts;

(3)

Animal hospitals;

(4)

Commercial dog kennels;

(5)

Reserved;

(6)

Emergency shelters that meet the requirements of Chapter 82-46.

(Ord. No. 2022-03 § XIII, 5-24-22; Ords. 76-36 § 4, 1781 § 8, 1569 § 20: prior code § 8161(a): Ords. 1046 § 3, 697 § 2, 382 § 4D).

(Ord. No. 2014-11, § VII, 11-4-14)

In the C district the following uses are permitted after the issuance of a land use permit:

(1)

Transit-mix plants;

(2)

Motels;

(3)

Hotels;

(4)

Structures having three or more residential apartment units. Minimum off-street parking requirements for apartment units shall be as required in Section 84-24.1202;

(5)

Reserved;

(6)

Reserved;

(7)

Where a road, having a right-of-way width of 55 feet or less, forms the common boundary between a district of this classification and a district of any residential classification, no access to property in the district of this classification adjacent to such common boundary shall be permitted to or from such road until a land use permit therefor has been obtained. The permit will be determined by the effects of traffic upon such a road occasioned by use within such district, the characteristics of the adjacent areas, traffic problems, pedestrian traffic, and other considerations found pertinent to the particular area concerned.

(8)

Commercial cannabis activities that meet the requirements of Chapter 88-28.

(Ord. No. 2022-03, § XIV, 5-24-22; Ord. No. 2018-18, § 5, 6-26-18; Ord. 67-39 § 3, 1967: Ord. 67-27 § 1, 1967: Ord. 2011: Ord. 1984: Ord. 1781: Ord. 1569: prior code § 8161(b): Ord. 1046: Ord. 382).

Article 84-54.6. - Lots

All buildings or parts of buildings hereafter erected in the C district shall be situated on lots at least seventy-five hundred square feet in area.

(Ord. 2011: Ord. 1984: Ord. 1781: Ord. 1569: prior code § 8161(c): Ord. 1046: Ord. 382).

Article 84-54.8. - Building Height

84-54.802 - Building height—Maximum.

Building height provisions for the C district shall be the same as those for the N-B district (Section 8450.802).

(Ord. 2011: Ord. 1984: Ord. 1781: Ord. 1569: prior code § 8161(d): Ord. 1046: Ord. 382).

Article 84-54.10. - Yards

There shall be a side yard on each side of each building in the C district. There shall be aggregate side yards not less than ten feet wide, and the rear yard shall be at least twenty feet deep.

(Ord. 2011: Ord. 1984: Ord. 1781: Ord. 1569: prior code § 8161(e): Ord. 1046: Ord. 382).

Every structure erected in the C district and every structure accessory to it shall be located at least ten feet from the boundary line of any existing public road or highway.

(Ord. 2011: Ord. 1984: Ord. 1781: Ord. 1569: prior code § 8161(f): Ord. 1046: Ord. 382).

Article 84-54.12. - Land Use and Variance Permits

Land use permits for the special uses enumerated in Section 84-54.404 and variance permits to modify the provisions of Sections 84-54.602 — 84-54.1004 may be granted after application in accordance with Chapter 82-6.

(Ord. 2011: Ord. 1984: Ord. 1781: Ord. 1569: prior code § 8161(g): Ord. 1046: Ord. 382).

Article 84-54.16. - Development Plans

No development is lawful in a C district until a development plan for it has been submitted and approved pursuant to the procedures in Article 84-50.16.

(Ord. 74-36 § 3).

Chapter 84-56 - C-M CONTROLLED MANUFACTURING DISTRICT Article 84-56.2. - General

All land within a C-M controlled manufacturing district may be used for any of the following uses, under the following regulations set forth in this chapter. The purpose of this chapter is to set up certain restrictions and conditions compatible with adjacent residential areas, both as to appearance and type of industry.

(Prior code § 8162 (part): Ord. 918).

Article 84-56.4. - Uses

Uses permitted in the C-M district shall be as follows:

(1)

Agricultural: crop and tree farming, truck farming, horticulture, viticulture, and grazing;

(2)

Administrative and business offices;

(3)

Professional offices and medical and dental clinics;

(4)

The following and similar uses, which shall be planned, developed, conducted and operated in such a manner that noise, smoke, dust, odors and waste of any kind is confined and/or purified so as to control pollution of air, soil or water to meet the standards or requirements of the planning commission, and in a manner to eliminate any detrimental effect on the public health, safety and welfare and be in harmony with the objectives of the master plan:

(A)

Research laboratories and institutes,

(B)

Electronic products manufacturing,

(C)

Electrical products and instrument manufacturing,

(D)

Bookbinding, printing, and lithography,

(E)

Cartography,

(F)

Editorial and designing,

(G)

Photographic printing, finishing, and processing,

(H)

Household pottery,

(I)

Plastic fabrication,

(J)

Storage warehouses, excluding inflammable fluids, explosives, and truck terminals,

(K)

Finished paper products,

(L)

Garment manufacturing,

(M)

Furniture upholstering,

(N)

Laundry and dry-cleaning plants.

(Ords. 86-30 § 2, 76-75 § 5: prior code § 8162(b): Ord. 918).

84-56.404 - Uses—Requiring land use permit.

In the C-M district, the following uses are permitted on the issuance of a land use permit:

(1)

Individual residential buildings, hotels and structures and buildings accessory to them, except that residential subdivisions shall not be permitted;

(2)

Retail stores.

(3)

Commercial cannabis activities that meet the requirements of Chapter 88-28.

(Ord. No. 2018-18, § 5, 6-26-18; Ord. 86-30 § 3: prior code § 8162(a): Ord. 918).

Article 84-56.6. - Lots

84-56.602 - Lot—Area.

Lots in the C-M district shall have a minimum width of one hundred twenty feet and a minimum area of forty thousand square feet.

(Prior code § 8162(c): Ord. 918).

84-56.604 - Lot—Coverage.

No building or buildings shall cover more than thirty percent of the lot area.

(Prior code § 8l62(g): Ord. 918).

Article 84-56.8. - Building Height

84-56.802 - Building height—Maximum.

Buildings or structures in the C-M district shall not exceed two stories nor be more than thirty-five feet high above the highest point of ground elevation on the lot on which the building is erected.

(Prior code § 8162(d): Ord. 918).

Article 84-56.10. - Yards

84-56.1002 - Yard—Side and rear.

In the C-M district there shall be minimum side yards of twenty feet and minimum rear yards of twenty feet. There shall be minimum side and rear yards of fifty feet on all external boundaries of the C-M district that abut on residential and agricultural districts.

(Prior code § 8162(e): Ord. 918).

84-56.1004 - Yard—Setback.

In the C-M district there shall be minimum setback of fifty feet.

(Prior code § 8162(f): Ord. 918).

Article 84-56.12. - Off-Street Parking

84-56.1202 - Off-street parking—Space requirements.

Off-street parking and loading provisions for the C-M district shall be as follows:

(1)

Adequate off-street parking shall be provided on the premises for all vehicles of persons employed and of visitors and customers.

(2)

At least two parking spaces shall be provided for every three employees on the shift having the largest number of employees.

(3)

All loading and unloading operations shall be provided for on the premises.

(4)

Off-street parking and loading facilities may be located within the required yard and setback areas, except a five-foot deep landscaping strip adjacent to side and rear property lines and a thirty-foot deep landscaping area adjacent to front property lines.

(Prior code § 8162(h)(1): Ord. 918).

Article 84-56.16. - Manufacturing and Storage Areas

84-56.1602 - Manufacturing and storage area—Requirements.

Manufacturing and storage areas: All manufacturing and fabrication operations shall be conducted within buildings. All equipment and material storage areas shall be screened by solid walls, fences, or by adequate plantings not less than six feet high.

(Prior code § 8162(h)(3): Ord. 918).

Article 84-56.18. - Land Use and Variance Permits

84-56.1802 - Land use and variance permit—Granting.

Land use permits for special uses enumerated in Section 84-56.404 and variance permits to modify the provisions contained in Sections 84-56.602 — 84-56.1602 may be granted after application in accordance with Chapter 82-6.

(Prior code § 8162(i): Ord. 918).

Chapter 84-58 - L-I LIGHT INDUSTRIAL DISTRICT

Article 84-58.2. - General

All land within the L-I light industrial district may be used for any of the following uses, under the regulations set forth in this chapter and in Chapter 84-63.

(Ord. 86-100 § 2: prior code § 8163: Ords. 1046, 1006, 382).

Article 84-58.4. - Uses

84-58.402 - Uses—Permitted.

Land in the L-I district may also be used for the following purposes: industrial uses which do not necessarily require or use steam generated on the premises as a prime power for the manufacturing process carried on, or extensive loading docks or similar facilities for the receiving or shipment of raw materials or semi-finished or finished products. Uses which emit dust, smoke, fumes, noise, or brilliant light, or are otherwise offensive to the senses or are of a kind or quality that their operation interferes with development or enjoyment of other property in the vicinity, may be established only after issuance of a land use permit establishing conditions for the use to prevent the creation or maintenance of a nuisance; uses included within the meaning of this proviso include, but are not limited to, hot mix, asphalt plants, rendering plants, food processing plants, tanneries, wineries, breweries, and other similar uses.

(Prior code § 8163(b): Ord. 1046: Ord. 1006: Ord. 382).

84-58.404 - Uses—Requiring land use permit.

(1)

All of the uses in the following districts are permitted after the granting of land use permits: single-family residential districts, multiple family residential districts, retail business districts, neighborhood business districts, general commercial districts, agricultural districts and forestry recreation districts.

(2)

Commercial cannabis activities that meet the requirements of Chapter 88-28.

(Ord. No. 2018-18, § 5, 6-26-18; Ord. 67-39 § 4, 1967: prior code § 8163(a): Ord. 1046: Ord. 1006: Ord. 382).

Article 84-58.6. - Lots

84-58.602 - Lot—Area.

All buildings or parts of buildings hereafter erected or altered in the L-I district shall be erected on a lot at least seventy-five hundred square feet in area.

(Prior code § 8163(c): Ord. 1046: Ord. 1006: Ord. 382).

Article 84-58.8. - Building Height

No building or structure or part of it shall be more than three stories high above the highest point of ground elevation on the lot on which the building is erected.

(Prior code § 8163(d): Ord. 1046: Ord. 1006: Ord. 382).

Article 84-58.10. - Yards

84-58.1002 - Yard—Side.

All buildings erected on lots in the L-I district shall have side yards at least ten feet wide on each side of each building.

(Prior code § 8163(e): Ord. 1046: Ord. 1006: Ord. 382).

Every structure erected in the L-I district and every structure accessory to it shall be located at least ten feet from the boundary line of any existing public road or highway.

(Prior code § 8163(f): Ord. 1046: Ord. 1006: Ord. 382).

Article 84-58.12. - Land Use and Variance Permits

Land use permits for the special uses enumerated in Section 84-58.402 and variance permits to modify the provisions contained in Sections 84-58.602 — 84-58.1004 may be granted after application in accordance with Chapter 82-6.

(Prior code § 8163(g): Ord. 1046: Ord. 1006: Ord. 382).

Chapter 84-60 - W-3 CONTROLLED HEAVY INDUSTRIAL DISTRICT Article 84-60.2. - General

All land within the W-3 controlled heavy industrial district may be used for any of the following uses, under the regulations set forth in this chapter and in Chapter 84-63.

(Ords. 86-100 § 3, 67-58 § 1: prior code § 8163.1).

Article 84-60.4. - Uses

Uses permitted in the W-3 district shall be as follows: Industrial manufacturing or processing uses of all kinds including, but not limited to, the manufacturing or processing of petroleum, lumber, steel, chemicals, explosives, fertilizers, gas, rubber, paper, cement and sugar.

(Ord. 67-58 § 1 (part), 1967: prior code § 8163.1(a)).

Uses requiring a permit in the W-3 district shall be as follows:

(1)

Any land use not recognized as an industrial manufacturing or processing use except that the following are prohibited: Single-family residential, multiple family residential and mobile home parks;

(2)

Reserved;

(3)

Land within the W-3 district which is also within 250 feet, exclusive of any public right-of-way areas, of any other land use district boundary, other than an H-I, L-I, or U district, shall be subject to review and approval, only as to that portion of the parcel within the 250 feet, by the planning commission as to the location of land uses and site development for any authorized use so as to provide protection for and development compatible to adjacent land use districts.

(Ord. No. 2022-03, § XVI, 5-24-22; Ord. 67-58 § 1 (part), 1967: prior code § 8163.1(b)).

Article 84-60.6 - Dimensional Requirements

There are no dimensional requirements in the W-3 district except as may be required under Section 84640.404(3).

(Ord. 67-58 § 1 (part), 1967: prior code § 8163.1(c)).

Chapter 84-62 - H-I HEAVY INDUSTRIAL DISTRICT

Article 84-62.2. General

All land within the H-I heavy industrial district may be used for any of the following uses, under the regulations set forth in this chapter and in Chapter 84-63.

(Ords. 86-100 § 4, 1569: prior code § 8164: Ords. 1046, 382).

Article 84-62.4. Uses

Heavy industrial manufacturing uses of all kinds, including, but not limited to, the manufacturing or processing of petroleum, lumber, steel, chemicals, explosives, fertilizers, gas, rubber, paper, cement, sugar, and all other industrial or manufacturing products shall be permitted in the H-I district.

(Ord. 1459: prior code § 8164(b): Ord. 1046: Ord. 382).

84-62.404 - Uses — Requiring land use permit.

Uses requiring land use permit in the H-I district shall be the same as the uses designated in Section 8458.404 for the L-I district.

(Ord. 67-39 § 5, 1967: Ord. 1459: prior code § 8164(a): Ords. 1046, 382).

Article 84-62.6. Lot, Height, Yard

There are no lot area, height, or side yard regulations or limitations in the H-I district.

(Ord. 1459: prior code § 8164(c): Ord. 1046: Ord. 382).

Article 84-62.8. Refuse Disposal Sites

84-62.802 - Refuse disposal site — Permit required.

Refuse disposal sites are permitted in the H-I district upon the issuance of a permit under the provisions of Chapter 418-4.

(Ord. 1459: prior code § 8164(d): Ords. 1046, 382).

Chapter 84-63 - LAND USE PERMITS FOR DEVELOPMENT PROJECTS INVOLVING HAZARDOUS WASTE OR HAZARDOUS MATERIAL

Article 84-63.2 General

84-63.202 - Purpose.

The purpose of this chapter is to promote the health, safety and general welfare of residents and persons in the county by encouraging businesses and other entities, in planning and developing projects involving hazardous material or hazardous waste, to consider factors which involve potential health and safety risks to the surrounding community, and by requiring land use permits for development projects which could significantly and adversely affect public health, safety and the environment.

(Ords. 98-48 § 5, 96-50, 96-20, 90-92, 86-100).

This chapter is not intended, and should not be deemed, to prevent or preempt compliance with federal or state laws, regulations, rules or orders, or to excuse compliance with any other county ordinance, including other requirements of this code.

(Ords. 98-48 § 5, 96-50, 96-20, 86-100).

Article 84-63.4. Definitions

As used in this chapter, the words and phrases defined in this article shall have the meanings given unless the context otherwise requires.

(Ords. 98-48 § 5, 96-50, 96-20).

84-63.404 - Baseline period.

"Baseline period" means the consecutive twelve month period of time during which activity is measured for purposes of this chapter. The baseline period shall be any twelve consecutive month period within five years of the date of the submittal of the application that is reflective of a normal year of operation.

(Ords. 98-48 § 5, 96-50, 96-20).

A "change-in-risk project" means a new use of an existing building, structure, or facility, not involving construction other than minor alterations, which use will involve a hazardous material or hazardous waste in a higher hazard category and which use will result in a hazard score higher than the hazard score of the previous use.

(Ords. 98-48 § 5, 96-50, 96-20).

"Commercial property" means all properties with a commercial designation in the general plan including, but not limited to, the following: commercial, regional commercial, airport commercial, office, and business park.

(Ords. 98-48 § 5, 96-50, 96-20).

84-63.410 - Development project.

(a)

A "development project" means a new permanent building, structure or facility to be constructed that will manage hazardous materials or hazardous waste, or a permanent change-in-risk project.

As used in this section, "permanent" when used to describe a building, structure, or facility, or the new use of an existing building, structure, or facility (change-in-risk project) means that the building, structure, facility or use is intended to be in operation for more than six months.

(b)

A "development project" does not include:

(1)

Pipelines and related equipment more than three hundred feet from commercial or residential property. Related equipment includes, but is not limited to, items such as valves, fittings, pipe supports, insulation, instrumentation, corrosion protection systems, heat tracing systems, leak containment systems, and fire protection systems. Related equipment does not include storage tanks, storage vessels, process units or plants, mechanical rotating equipment (e.g., pumps, compressors, motors, turbines, internal combustion engines, etc.). However, the zoning administrator may determine, at the zoning administrator's sold discretion, that minor equipment defined above as not related is exempt from the ordinance.

(2)

Any project consisting only of maintenance, repair, and replacement or minor modification of existing equipment provided the storage design capacity is not increased and the hazard category of hazardous material or hazardous waste handled is not increased.

(3)

Any transportable treatment unit that has obtained all required permits and is used solely for site remediation or waste treatment purposes, provided the transportable treatment unit will be located on-site for a maximum time limit of one year. The director of community development will have the authority to grant a one year time extension if the applicant can demonstrate to the satisfaction of the director that the unit is temporary. Otherwise, a land use permit will be required if the unit will remain on the site beyond the time limit specified above.

(4)

Any project for which permit applications have been deemed complete on or before the effective date of this chapter by the Bay Area air quality management district or other government agency with jurisdiction over the project provided the project application has been deemed complete within one calendar year and has completed CEQA documentation.

The proponent of a project described by subsection (4) of subdivision (b) of this section may elect to be subject to the requirements of this chapter in lieu of any requirements in effect prior to the effective date of the ordinance codified in this chapter.

(Ords. 98-48 § 5, 96-50, 96-20, 90-92, 86-100).

84-63.412 - Dispose.

"Dispose" means to discharge, deposit, inject, dump, or place any hazardous waste into or on any land or water so that such hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters.

(Ords. 98-48 § 5, 96-50, 96-20, 86-100).

84-63.414 - Equipment.

"Equipment" means pipes, pumps, vessels and other similar types of apparatus.

(Ords. 98-48 § 5, 96-50, 96-20).

84-63.416 - Facility.

"Facility" means a group of buildings, structures, or units with the same purpose on contiguous parcels (including parcels separated by a right-of-way, as defined in Section 1002-2.002 of this Code) under common ownership or control.

(Ords. 98-48 § 5, 96-50, 96-20).

84-63.418 - Finished product.

"Finished product" means a material which can be sold to market as a commodity.

(Ord. 98-48 § 5).

"Hazardous material" means any material that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment, and includes any material that is listed in the Code of Federal Regulations, Title 49, Section 172.101 (Hazardous Materials Table), as amended from time to time.

(Ords. 98-48 § 5, 96-50, 96-20, 86-100).

"Hazardous waste" means any substance which is regulated as a hazardous waste by the California Department of Health Services under 22 California Administrative Code, Division 4, Chapter 30, or defined as a hazardous waste under the Health and Safety Code Section 25117, generally as follows:

(a)

"Hazardous waste" means either of the following:

(1)

A waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may either:

(A)

Cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness.

(B)

Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed.

(2)

A waste which meets any of the criteria for the identification of a hazardous waste adopted by the State Department of Toxic Substance Control pursuant to the Health and Safety Code Section 25141.

(b)

"Hazardous waste" includes, but is not limited to, Federal Resource Conservation and Recover Act ("RCRA") hazardous waste, extremely hazardous waste and acutely hazardous waste.

(Ords. 98-48 § 5, 96-50, 96-20, 86-100).

"Intermediate product" means a material which requires further process treatment on-site or off-site to produce a finished project which can be sold as a commodity.

(Ords. 98-48 § 5).

84-63.426 - Manage.

"Manage"means to generate, treat, store, transport, use or dispose of hazardous material or hazardous waste.

(Ords. 98-48 § 5, 96-50, 96-20, 86-100).

"Process unit" means a collection of interconnected vessels and equipment designed to separate, purify, react, combine or otherwise chemically or physically alter one or more feed materials, to produce one or more finished or intermediate products and associated wastes, defined by plot or boundary limits. For example, a catalytic cracking unit, a hydrocracking complex, etc. Pieces of a process unit such as pumps, compressors, towers, reactors, vessels, and other such equipment and appurtenances, do not constitute a process unit.

(Ord. 98-48 § 5).

84-63.430 - Project description.

"Project description" means a written description and explanation of the construction and operation of a development project. A project description shall address all phases of and for the life of the project.

The project description shall include the following information as well as any other information deemed necessary by the community development director for the purpose of determining the hazard score:

(a)

A description of the facility location with respect to major freeways and immediate neighbors, and the size (in square footage or acreage) of the property on which the facility is located;

(b)

An area map showing the facility in relationship to the surrounding community; and

(c)

A description of all significant operations involving hazardous material and/or hazardous waste currently being managed, and/or proposed to be managed, including a brief general history of the facility;

(d)

A summary of the baseline data for all five years and a justification for the selection of the representative baseline year of data used in the calculation of the hazard score.

The community development director may waive the requirement of submitting any or all of the information required by subsections (a) through (d) of this section.

(Ords. 98-48 § 5, 96-50, 96-20).

"Residential property" means all properties with a residential designation in the general plan, including, but not limited to, the following: single-family residential, multiple-family residential, and mobile homes.

(Ords. 98-48 § 5, 96-50, 96-20).

The term "sensitive receptor" includes schools, general acute care hospitals, long-term health care facilities, licensed day care facilities, and similarly less-mobile populations, and detention facilities including jails, youth camps and other locked facilities. These facilities have more than twelve people. For the purposes of this section, "general acute care hospital" has the meaning set forth in Health and Safety Code Section 1250(a), "long term health care facility" has the meaning set forth in Health and Safety Code Section 1418(a), and "child day care facility" has the meaning set forth in Health and Safety Code Section 1596.750. "School" means any school used for the purpose of the education of more than twelve children in kindergarten or any grades one through twelve, inclusive.

(Ords. 98-48 § 5, 96-50, 96-20).

84-63.436 - Store.

"Store" means an act to contain hazardous waste or hazardous material for any period of time in such a manner as not to constitute disposal of such hazardous waste or hazardous material.

(Ords. 98-48 § 5, 96-50, 96-20, 91-49, 86-100).

84-63.438 - Transport.

"Transport" or "transportation" means an act to move hazardous waste or hazardous material by truck, rail, marine vessel or pipelines.

(Ords. 98-48 § 5, 96-50, 96-20, 86-100).

Article 84-63.6 Applicability

The provisions of this chapter shall be applicable in any nonagricultural zoning district.

(Ords. 98-48 § 5, 96-50, 96-20, 86-100).

The following projects and structures are exempt from the provisions of this chapter:

(a)

Any project built solely to comply with federal, state, regional or local agency enforcement orders under a compliance time schedule that precludes timely review under this chapter. This section is primarily intended to allow exemptions for compliance with laws, regulations, rules, or administrative or judicial orders such as nuisance abatement orders or other short-term or immediately necessary actions. This section is not intended to allow automatic exemptions for projects being undertaken to comply with changed federal, state, regional or local laws. A facility claiming an exemption under this section, must file a copy of the enforcement order and proposed project description within thirty days of receipt of the order.

(b)

If any building, structure, or facility is destroyed or damaged by disasters such as earthquakes, floods, offsite fires, or an act of God or public enemy, the facility may be rebuilt under the following conditions:

(1)

The rebuilt project is used for the same purpose as the destroyed or damaged project;

(2)

The rebuilt project complies with all environmental regulations in effect at the time of rebuilding, including best available control technology (BACT) or at least the same level of control that previously existed, whichever provides the greater level of protection to the public;

(3)

The rebuilt project does not have a higher hazard score than the destroyed or damaged project (both rebuilt and destroyed or damaged project to be scored as if they are new);

(4)

The hazard category of chemicals used in the rebuilt project is not greater than used by the destroyed or damaged project;

(5)

Construction is commenced within one year unless an extension is granted by the community development director;

(6)

The rebuilt project is at least three hundred feet away from the nearest residential property or sensitive receptor and no closer to the nearest residential property or sensitive receptor than the destroyed or damaged project; and

(7)

The rebuilt project will not manage hazard category A materials in quantities greater than the destroyed or damaged project, will not manage hazardous wastes in quantities greater than the destroyed or damaged

project, will not manage hazard category B materials in quantities greater than ten percent more than the amount managed by the destroyed or damaged project, and will not manage hazard category C materials in quantities greater than ten percent more than the amount managed by the destroyed or damaged project.

(c)

A development project in which both the size, as defined in Section 84-63.1012 and the monthly transportation quantity are less than:

(1)

For hazard category C materials: four thousand tons;

(2)

For hazard category B materials: five tons;

(3)

For hazard category A materials: the quantity specified as the threshold planning quantity on the extremely hazardous materials list (Appendix A to 40 C.F.R. Chapter I, Subchapter J, Part 355, as amended from time to time), or five hundred pounds, whichever is less.

(Ords. 98-48 § 5, 96-50, 96-20, 90-92, 86-100).

Article 84-63.8. Standards and Procedures

Any person proposing a development project which may be used to manage hazardous waste or hazardous material shall apply to the community development director for review and a determination whether a land use permit may be required under Article 84-63.10 or whether the project is exempt under Sections 84-63.604(a) or (b) or 84-63.606. Projects exempt under Section 84-63.604(c) are not required to submit an application pursuant to this section. If the hazard score of a project is sixty-nine or less and the project does not increase the amount of hazardous waste or hazardous material managed as compared to the baseline of the last three years, a determination of noncoverage and an application therefor are not required.

The application shall include all information necessary to complete and verify the hazard score of the project, such as chemical identification, distances to nearest receptors, transportation routes, and a summary of the five year baseline data. The application shall be accompanied by all fees established by the board of supervisors.

(Ords. 98-48 § 5, 96-50, 96-20, 91-49, 90-92, 86-100).

No later than ten calendar days after receipt of an application, or the submittal of additional information, the community development director shall inform the applicant in writing that the application is complete or

shall inform the applicant what additional information is required. Within twenty calendar days of the application being deemed complete, the community development director shall issue a written determination of noncoverage pursuant to Section 84-63.806, an exemption pursuant to Section 8463.604(a) or (b), or a determination that a land use permit is required pursuant to Section 84-63.1002.

(Ords. 98-48 § 5, 96-50, 96-20, 90-92).

Upon determining that a proposed project has a hazard score up to and including seventy-nine or that the project is exempt pursuant to Section 84-63.604, the community development director shall issue a determination of noncoverage or exemption. A determination of noncoverage for projects with a hazard score between seventy and seventy-nine, inclusive, means that the project is not subject to the requirements of Article 84-63.10, but is subject to Sections 84-63.808 and 84-63.810. Projects with a hazard score below sixty-nine and projects which are exempt pursuant to Section 84-63.604 are not subject to the requirements of Sections 84-63.808 and 84-63.810.

(Ords. 98-48 § 5, 96-50, 96-20).

All determinations of noncoverage made pursuant to Section 84-63.806 shall be summarized on an agenda for the county zoning administrator within ten calendar days of issuance of the determination.

(Ords. 98-48 § 5, 96-50, 96-20, 91-49, 90-92, 86-100).

84-63.810 - Determinations — Further public notice.

For projects with a point assignment between seventy and seventy-nine, inclusive, within five working days of issuing a determination of noncoverage, the community development director shall mail notice on the date of the determination to all organizations and individuals who have previously submitted a written request for such notice. The community development director shall publish a four-inch by six-inch advertisement in a newspaper of general circulation within ten calendar days of issuing a determination of noncoverage. The notices required by this section shall state the name of the applicant, briefly describe the project, provide the names and phone numbers of a representative of the community development department and a representative of the applicant who will be available to answer questions about the project, and shall state the date by which an appeal must be filed.

(Ords. 98-48 § 5, 96-50, 96-20, 91-49, 90-92).

Any appeal of a determination of noncoverage shall be filed within ten calendar days of the date the determination is listed on the zoning administrator's agenda or ten calendar days from the date of publication pursuant to Section 84-63.810, whichever provides the longer period of appeal.

Appeals from a determination of noncoverage shall be heard by the board of supervisors.

Except as expressly provided in this section, appeals from all decisions and determinations made pursuant to this chapter shall be governed by the land use permit provisions of Article 26-2.24 and are subject to the provisions of Article 26-2.30.

(Ords. 98-48 § 5, 96-50, 96-20, 86-100).

Article 84-63.10. Land Use Permits — When Required

Unless otherwise exempt from the requirements of this chapter, a land use permit shall be required for a development project proposed for the management of hazardous material and/or hazardous waste if any of the following apply:

(a)

The development project obtains a hazard score of eighty or more pursuant to the formula set forth in Section 84-63.1004; or

(b)

For hazard category A materials, the development project stores twice the quantity specified as the threshold planning quantity on the extremely hazardous materials list (Appendix A of 40 Code of Federal Regulations Chapters I, Subchapter J Part 355), as amended from time to time, or two thousand pounds, whichever is less; or

(c)

For hazard category A or B materials, the development project will result in a new process unit(s) unless the process unit complies with Section 84-63.1004(d)(1) through (d)(6), Credit for reductions or projects to be closed. Modifications to an existing process unit do not constitute a new process unit; or

(d)

For hazard category B materials, any development project that has a fill to the maximum capacity of forty thousand tons or more unless the development project complies with Section 84-63.1004(d)(1) through (d) (6), Credit for reductions or projects to be closed.

(Ords. 98-48 § 5, 96-50, 96-20).

(a)

Formula. The hazard score of a proposed development project shall be determined pursuant to the following formula:

[(T + C + P) × H] + D + A;

where the following symbols have the following designations:

"T" refers to the point assignment for "Transportation Risk";

• "D" refers to the point assignment for "Community Risk - Distance from Receptor";

• "C" refers to the point assignment for "Community Risk - Type of Receptor";

• "A" refers to the point assignment for "Facility Risk - Size of Project - Total Amount";

• "P" refers to the point assignment for "Facility Risk - Size of Project - Percent Change"; and

"H" refers to the point assignment for "Hazard Category of Material or Waste."

(b)

Project Hazard Score. If more than one category of hazardous material or hazardous waste is used, the formula set forth in this section will be used to calculate a separate score for each material category. The material hazard category which results in the highest hazard score for the project will be used.

(c)

Point Assignment. The factors set forth in subdivision (a) of this section, shall have the following point assignments:

Commercial Receptor 4

(d)

Credit for Reductions or Projects to be Closed. A development project that would have a hazard score of eighty or more as determined by the formula in this section shall be entitled to a reduction credit for project closures and/or reductions in accordance with the criteria set forth in this subdivision. Reduction credit shall be given if the community development director determines that the applicant will concurrently close another project or reduce its operations and finds that all of the following criteria are met:

(1)

The project to be closed or reduced is in the same facility in which the development project is proposed;

(2)

The project to be closed or reduced is currently in operation and has been in operation for at least three years prior to the date of application, during which period the production schedule has been reflective of a

normal production schedule;

(3)

The project to be closed or reduced is the direct result of the proposed development project;

(4)

The project to be closed or reduced has a higher hazard score than the proposed development project;

(5)

The hazard category of the material or waste in the development project will be no greater than the hazard category of the material or waste in the project to be closed or reduced; and

(6)

The development project will be more than three hundred feet from the property line of the nearest residential property or sensitive receptor.

The hazard score for the project to be closed shall also be determined by the formula set forth in subsections (a) and (b) of this section and pursuant to the provisions of this article. In determining the hazard score for the project to be closed or reduced, said project shall be deemed a new project.

The hazard score of the development project shall be subtracted from the hazard score of the project to be closed or reduced. The resulting difference will then be subtracted from the hazard score of the development project to obtain a hazard score adjusted for the closure or reduction. The adjusted hazard score shall be the basis for determining whether a land use permit shall be required under this chapter.

ore of the development project shall be subtracted from the hazard score of the project to be closed or reduced. The resulting difference will then be subtracted from the hazard score of the development project to obtain a hazard score adjusted for the closure or reduction. The adjusted hazard score shall be the basis for determining whether a land use permit shall be required under this chapter.

A determination by the community development director that a project is not subject to the land use permit requirement of this chapter as a result of credit afforded for a project closure or reduction shall be reported to the zoning administrator pursuant to Section 84-63.808 and shall be subject to the public notification requirements set forth in Section 84-63.801.

(e)

Closure, Reduction Required. Projects proposed for closure or reduction for which closure or reduction credit was afforded under this section shall be closed or reduced as proposed within one year of completion of the development project. This subsection (e) applies only in cases where a land use permit would have been required but for the closure or reduction credit afforded under this section.

(Ords. 98-48 § 5, 96-50, 96-20).

The transportation risk point assignment shall be calculated based upon planned total quantities of materials in a hazard category, measured in tons per year for each hazard category proposed. The transportation risk point assignment shall be calculated for each mode of transportation proportionally within a single hazard category. That transportation point assignment shall be compared by hazard

category with the total amount of material in the hazard category transported during the baseline period in order to obtain the percent change in Section 84-63.1004(b), Transportation risk.

For purposes of determining whether truck transportation is through residential/commercial or industrial areas, the shortest legal route from the closest two-lane (or larger) freeway shall be considered. If the route used in the county does not traverse a two-lane (or larger) freeway, the entire route shall be considered.

(Ords. 98-48 § 5, 96-50, 96-20).

84-63.1008 - Determination of community risk — Distance to receptor.

"Distance to receptor" shall be the shortest distance between an exterior wall or other part of the development project and the property line of the residential property, commercial property or the sensitive receptor used to determine the hazard score of a development project.

(Ords. 98-48 § 5, 96-50, 96-20).

84-63.1010 - Determination of community risk — Type of receptor.

A hazard score shall be developed for each type of receptor (residential property, commercial property and sensitive receptor) within three miles of the development project based upon the distance of the parcel of each type of receptor that is closest to the development project. The receptor that produces the highest hazard score shall be used to determine the hazard score of the development project. Receptors more than three miles from a development project shall not be considered.

(Ords. 98-48 § 5, 96-50, 96-20).

84-63.1012 - Determination of project risk — Size.

The size of a development project shall be measured in terms of tons of hazardous material and/or hazardous waste stored as a result of the development project, based upon the fill-to-the-maximum capacity of the development project, including amounts stored in tanks; reactors; columns; process lines; tank cars, tank trucks or rail cars when connection to process equipment; or any other receptacle used for the containment of hazardous materials and/or hazardous wastes. The amount of material in hazard categories A, B, or C to be added to the site as a result of the development project will be used to determine the total amount of change. If more than one category of hazardous material is used, the amounts of materials (A, B, or C) shall be used with the respective hazard category in the formula in Section 84-63.1004.

The specific gravity of hazardous materials or hazardous wastes may be required to calculate the number of toms (or pounds) of hazardous materials and/or hazardous waste managed at the development project. The standard of two thousand pounds equaling one ton shall be used.

The point assignment for storage of containerized material in buildings, such as labs or warehouses, shall be based upon the maximum anticipated amount of materials for each hazard category as a result of the development project.

(Ords. 98-48 § 5, 96-50, 96-20).

The percent change of a hazard category shall be determined by comparing the amounts of materials for the respective hazard categories A, B, or C to be added to the site as a result of the development project to the total amount of all materials for the respective hazard categories A, B, or C handled at the site from the baseline period.

(Ords. 98-48 § 5, 96-50, 96-20).

84-63.1016 - Determination of hazard category.

(a)

Method of Determination. The hazard category of a material or waste shall be determined pursuant to this section.

(1)

The primary method of determining the material hazard category of a hazardous waste or material shall be by reference to the Winter 1994 version of the U.S. Department of Transportation ("D.O.T.") Code of Federal Regulations, Title 49 ("40 CFR"), Section 172.101, Hazardous Materials Table. From columns (3) and (5), extract the "Hazard Class or Division" and "Packing Group" information, then proceed to 49 CFR 173.2 to determine the "Name of Class or Division." Proceed to subdivision (c) of this section to determine the material hazard category as either A, B or C. If a material is listed in 49 CFR 172.101 more than one, the rating that results in the highest hazard category shall be used. The hazard category of a mixture is determined according to its common name as defined in Title 49.

(2)

Where a hazardous material, waste, or mixture is not referenced in 49 CFR 172.101, and the hazard category cannot be determined using the primary method, refer to the manufacturer's MSDS for the D.O.T. "Hazard Class or Division," "Packing Group" and "Name of Class or Division." Proceed to subdivision (c) of this section to determine the material hazard category as either A, B or C.

(3)

Where the preceding methods are not successful, the Contra Costa County health services director or the director's designee shall be responsible for determining a material's hazard category.

(4)

Regardless of the hazard category obtained using the methods set forth above, materials with the word "poison" in column (6) of 49 CFR 172.101, Methyl chloride, and the metals Antimony, Mercury, Lead, Arsenic, Thallium and Cadmium and their compounds, shall be hazard category A materials, and denatured alcohol and methanol shall be hazard category B materials for purposes of this chapter.

(b)

Exclusions. Regardless of the hazard category obtained using the methods set forth in subdivision (a) of this section, hot coke, hot coal briquettes, and materials not regulation by D.O.T. or which have no D.O.T. hazard class or division are not regulated by this chapter.

(c)

Hazard Categories.

Hazard Category A Materials

I. Forbidden Materials

As referenced in 49 CFR 173.21 and 173.54.

II. Explosives and Blasting Agents

Class 1, as defined in 49 CFR 173.50(b)(1) through 173.50(b)(6).

III. Reactive Materials

A. Air Reactive Materials — Class 4, Division 4.2 as defined in 49 CFR 173.124(b)(1) and (2).

B. Water Reactive Materials — Class 4, Division 4.3 as defined in 49 CFR 173.124(c).

• C. Organic Peroxides — Class 5, Division 5.2 as defined in 49 CFR 173.128.

IV. Radioactive Materials

Class 7 as defined in 49 CFR 173.403(y).

V. Oxidizers D.O.T. Packing Group I

Class 5, Division 5.1 as defined in 49 CFR 173.127(a) when Packing Group I is required per 49 CFR 173.127(b)(2)(I).

VI. Poisons, D.O.T.

A. Poisons, Class 6, Division 6.1 as defined in 49 CFR 173.133 (applies to all hazard zones).

B. Infectious Substances, Class 6, Division 6.2 as defined in 40 CFR 173.134.

VII. Poison Gas

Class 2, Division 2.3 as defined in 49 CFR 173.115(c).

Hazard Category B Materials

VIII. Flammable Liquids

Class 3 Packaging Groups I and II as defined in 49 CFR 173.120(a).

IX. Flammable Solids

Class 4, Division 4.1 as defined in 49 CFR 173.124(a).

X. Oxidizers, D.O.T. Packing Group II

Class 5, Division 5.1 as defined in 49 CFR 173.127(a) when Packing Group II is required by 49 CFR 173.127(b)(2)(ii).

XI. Flammable Gases

Class 2, Division 2.1 as defined in 49 CFR 173.115(a).

XII. Corrosives, D.O.T. Packing Group I or II

Class 8 Packing Groups I or II as defined in 49 CFR 173.136(a) and 173.137(a) and (b).

Hazard Category C Materials

XIII. Nonflammable Compressed Gases

Class 2, Division 2.2 as defined in 49 CFR 173.115(b).

XIV. Combustible Liquids

Class 3 Packing Group III as defined in 49 CFR 173.120(b).

XV. Miscellaneous Hazardous Materials

Class 9 as defined in 49 CFR 173.155.

XVI. Oxidizers D.O.T. Packing Group III

Class 5, Division 5.1 as defined in 49 CFR 173.127(a) when Packing Group III is required per 49 CFR 173.127(b)(2)(iii).

XVII. Corrosives D.O.T. Packing Group III

Class 8 Packing Group III as defined in 49 CFR 173.136(a) and 173.137(c).

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ords. 98-48 § 5, 96-50, 96-20).

Article 84-63.12. Land Use and Variance Permits

84-63.1202 - Granting.

An applicant for a land use permit shall submit a project description. Land use permits required under this chapter may be granted in accordance with provisions of Chapters 26-2 and 82-6.

(Ords. 98-48 § 5, 96-50, 96-20, 86-100).

Article 84-63.14. Offsite Hazardous Waste Facility Compliance With County Hazardous Waste Management Plan

This article is enacted pursuant to Health and Safety Code Sections 25135.4 and 25135.7, concerning the siting of off-site hazardous waste facilities.

(Ords. 98-48 § 5, 96-50, 96-20, 90-73).

(a)

General. Unless otherwise specified in this section or indicated by the context, the terms used in this article have the meanings ascribed to them in Health and Safety Code Chapter 6.5 (Section 25100 et seq.).

(b)

"County hazardous waste management plan" means the county hazardous waste management plan adopted by the board of supervisors on August 29, 1989 and amended by the board of supervisors on January 30, 1990, approved by a majority of the cities within the county which contain a majority of the population of the incorporated area, and approved by the State Department of Health Services on February 28, 1990, as said plan is amended from time to time.

(c)

"Hazardous waste facility" means all contiguous land and structures, other appurtenances, and improvements on the land used for the treatment, transfer, storage, resource recovery, disposal, or recycling of hazardous waste. A hazardous waste facility may consist of one or more treatment, transfer, storage, resource recovery, disposal, or recycling hazardous waste management units, or combinations of these units.

(d)

"Offsite hazardous waste facility" means a hazardous waste facility at which either or both of the following occur:

(1)

Hazardous waste that is produced offsite is treated, transferred, stored, disposed or recycled.

(2)

Hazardous waste that is produced onsite is treated, transferred, stored, disposed or recycled and the hazardous waste facility is not owned by, leased to or under the control of the producer of the hazardous waste.

(Ords. 98-48 § 5, 96-50, 96-20, 90-73).

All land use permit, variance or other land use entitlement granted for the operation or expansion of an offsite hazardous waste facility shall be consistent with the portions of the county hazardous waste management plan which identify siting criteria, siting principles or other policies applicable to hazardous waste facilities. Before granting the application, the division of the planning agency hearing the matter initially or on appeal shall find that the application complies with the applicable siting criteria, siting principles and other policies identified in the county hazardous waste management plan, and that the proposed offsite hazardous waste facility is consistent with the county hazardous waste management plan.

(Ords. 98-48 § 5, 96-50, 96-20, 90-73; Health & Safety Code, §§ 25135.4, 25135.7).

The requirements of this article do not apply to projects which are exempt projects under Section 8463.604.

(Ords. 98-48 § 5, 96-50, 96-20, 90-73).

Chapter 84-64 - U UNRESTRICTED DISTRICT

All land within a U unrestricted district may be used for any lawful use, but the board of supervisors may hereafter amend this division to place land now placed in an unrestricted district into another district, or by proper amendment of this division may provide regulations for the use of land now in any unrestricted district.

(Prior code § 8165: Ord. 382).

Chapter 84-66 - P-1 PLANNED UNIT DISTRICT Article 84-66.2. - General

All land within a P-1 planned unit district may be used as allowed and regulated in this chapter.

(Ord. 79-74: § 84-66.002: prior code § 8166: Ord. 1743).

A large-scale integrated development or a general plan special area of concern provides an opportunity for, and requires cohesive design when flexible regulations are applied; whereas the application of conventional regulation, designed primarily for individual lot development, to a large-scale development or special area may create a monotonous and inappropriate neighborhood. The planned unit district is intended to allow diversification in the relationship of various uses, buildings, structures, lot sizes and open space while insuring substantial compliance with the general plan and the intent of the county code in requiring adequate standards necessary to satisfy the requirements of the public health, safety and general welfare. These standards shall be observed without unduly inhibiting the advantages of large-scale site or special area planning.

(Ord. 79-4: § 84-66.004: prior code § 8166(a): Ord. 1743).

Article 84-66.4. - Uses

The following uses are allowed in the P-1 planned unit district:

(a)

Any land uses permitted by an approved final development plan that are in harmony with each other, serve to fulfill the function of the planned unit development, and are consistent with the general plan.

(b)

A detached single-family dwelling on each legally established lot and the accessory structures and uses normally auxiliary to it.

(c)

Single room occupancy facilities that meet the requirements of Chapter 82-48.

(d)

In a P-1 district for which residential uses are approved, the following uses are allowed:

(1)

Accessory dwelling units complying with the provisions of Chapter 82-24.

(2)

Supportive housing, operated by a person with all required state and local agency approvals and licenses, where not more than six persons reside.

(3)

Transitional housing, operated by a person with all required state and local agency approvals and licenses, where not more than six persons reside.

(e)

Commercial cannabis activities that meet the requirements of Chapter 88-28.

(Ord. No. 2018-18, § 5, 6-26-18; Ord. No. 2017-14, § XIII, 9-19-17; Ords. 87-67 § 6, 79-74: § 84-66.006: prior code § 8166(j): Ord. 1743).

(Ord. No. 2014-11, § VIII, 11-4-14)

No person shall grade or clear land, erect, move, or alter any building or structure on any land, after the effective date of its rezoning to a P-1 district, except when in compliance with an approved final development plan and/or this chapter.

(Ords. 79-74, 76-26 § 2, 76-25 § 2: § 84-66.010: prior code § 8166(c): Ord. 1743).

If any land has been zoned P-1 district but no preliminary development plan approved thereon, the following may be approved:

(1)

Single-family Dwelling. Where it is established to the satisfaction of the director of planning that a vacant parcel of land is a legal lot and the one detached single-family dwelling proposed to be located thereon is consistent with the general plan, the dwelling may be placed on the lot without being subject to the application submittal, development plan review and approval provisions of this chapter.

(2)

Nonconforming Use. Until a final development plan is approved, any nonconforming use lawfully existing at the time of the establishment of P-1 zoning on that property may be repaired, rebuilt, extended, or enlarged in accordance with Chapter 82-8.

(Ord. 79-74).

Article 84-66.6. - Site Minimums

The minimum areas for a P-1 district are:

(1)

Residential. Five acres for residential uses except that a mobile home subdivision shall have a minimum of ten acres;

(2)

Nonresidential. Ten acres for nonresidential uses;

(3)

Mixed. Fifteen acres for mixed residential and nonresidential uses; and

(4)

Office. No minimum for office uses which do not require heavy vehicular delivery or have easy automobile site access including some ancillary retail, service and residential uses when consistent with the general plan.

(Ords. 80-74 § 1, 79-74, 70-50: § 84-66.024: prior code § 8166(i): Ord. 1743).

Article 84-66.8. - Density

In computing the net development area to set residential densities, use the general plan as a guide and exclude areas set aside for churches, schools, streets, commercial use or other nonresidential use, but include areas set aside for common open space, outdoor recreation or parks.

(Ord. 79-74: § 84-66.026: prior code § 8166(k): Ord. 1743).

Article 84-66.10. - Rezoning

After initiation by the planning agency or final application approval, an area may be zoned "P-1 planned unit district" in accordance with Title 7 of the California Government Code and this code, and the zoning map of the area shall then be identified with the map symbol "P-1".

(Ords. 79-74, 76-26 § 2: 76-25 § 2: prior code § 8166(c): Ord. 1743).

If an application for P-1 zoning and a preliminary or final development plan is finally approved, the preliminary or final development plan and any conditions attached thereto, as approved or later amended, shall be filed with the planning department, and they are thereby incorporated into this Title 8 and become a part of the ordinance referred to in § 84-66.1002.

(Ords. 79-74, 76-26 § 2: 76-25 § 2: prior code § 8166(c): Ord. 1743).

Except as waived in writing by the planning director, the application for rezoning to P-1 district and concurrent approval of a preliminary development consists of five copies of each of the following:

(1)

A preliminary development plan, drawn to scale, indicating:

(A)

Proposed use(s) of all land in the subject area,

(B)

Existing natural land features, and topography of the subject area,

(C)

Circulation plan for all vehicular and pedestrian ways,

(D)

Metes and bounds of the subject property,

(E)

Location and dimensions of all existing structures,

(F)

Landscaping, parking areas, and typical proposed structures,

(G)

Anticipated grading for the development;

(2)

A written legal description of the subject area;

(3)

A preliminary report on provision for storm drainage, sewage disposal and public utilities;

(4)

An economic feasibility report and analysis of all commercial and industrial uses, if any, proposed to be located within the development;

(5)

A feasibility analysis of all public and semipublic recreational and educational areas and facilities proposed to be located within the development, stating anticipated financing, development and maintenance;

(6)

A residential density analysis of the subject area, and the estimated population resulting therefrom;

(7)

A statement of how the proposed development is consistent with, and will further the goals and objectives of the general plan including, but not limited to, its community facilities elements;

(8)

A request for zoning change signed by the owner, and by the owner of any option to purchase the property or any portion thereof, if any;

(9)

Schematic drawings indicating the architectural design of all nonresidential buildings and structures and all residential buildings having attached units. Residential buildings utilizing zero lot line, cluster or patio

techniques, typical designs shall be submitted. Single-family detached units on difficult topography may require design and placement review when requested by the planning director;

(10)

A statement of the stages of development proposed for the entire development, indicating the sequence of units and explaining why each unit standing by itself would constitute reasonable and orderly development in relation to the entire contemplated development where it is proposed to file final development plans by units for portions of the area to be covered by the preliminary development plan; and

(11)

Any additional information as may be required by the planning commission or board of supervisors at the time of any public hearing.

(Ords. 85-56 § 7, 79-74, 76-25 § 1, 76-25 § 2: prior code § 8166(b): Ord. 1743).

Article 84-66.12. - Final Development Plan

(a)

The final development plan drawn to scale, shall:

(1)

Indicate the metes and bounds of the boundary of the subject property together with dimensions of lands to be divided;

(2)

Indicate the location, grades, widths and types of improvements proposed for all streets, driveways, pedestrian ways and utilities;

(3)

Indicate the location, height, number of stories, use and number of dwelling units for each proposed building or structure;

(4)

Indicate the location and design of vehicle parking areas;

(5)

Indicate the location and design of proposed landscaping, expert for proposed single-family residential development;

(6)

Indicate the location and design of all storm drainage and sewage disposal facilities;

(7)

Provide an engineer's statement of the proposed grading;

(8)

Indicate the location and extent of all proposed land uses;

(9)

Indicate the location of any residential dwellings proposed to be used as new sales models.

(b)

In addition, the final development plan shall be accompanied by:

(1)

Elevations of all buildings and structures other than single-family residences;

(2)

A statement indicating procedures and programming for the development and maintenance of public or semipublic areas, buildings and structures;

(3)

A statement indicating the stages of development proposed for the entire development;

(4)

A statement indicating if any new residential dwellings are proposed to be used as sales models and asking approval of that use;

(5)

Any additional drawings or information as may be required by the planning commission at the time of any public hearing in the matter.

(Ords. 87-43 § 3, 79-74: § 84-66.102: prior code § 8166(d): Ord. 1743).

(a)

The final development plan shall be submitted to the planning commission for approval, as with use permit applications, except it is the commission which hears and reviews it. The commission's decision may be appealed to the board of supervisors in accordance with Article 26-2.24, otherwise it becomes final.

(b)

A final development plan may be approved by the planning commission for a portion or unit of the approved preliminary development plan, in accordance with the sequence of units authorized by its conditions of approval, or upon a showing of both good cause and that the proposed portion or unit would, standing by itself, constitute reasonable and orderly development in relation to the entire development.

(Ords. 79-74, 76-26 § 3, 76-25 § 3: § 84-66.014: prior code § 8166(e): Ord. 1743).

(a)

Combination. An applicant for rezoning to the P-1 district may submit simultaneously and in combination with the zoning application or thereafter but before the board's final zoning decision, an application for approval of a final development plan for the entire property. The application and proposed final development plan shall comply with the requirements of Sections 84-66.006 and 84-66.1202.

(b)

Procedure. Such a combined final development plan application shall be processed, noticed, and heard by the planning commission. The commission's decision shall be a recommendation to the board of supervisors which shall make the final decision on the final development plan along with the rezoning pursuant to Article 84-66.10.

(Ord. 79-74).

Article 84-66.14. Plan Objectives, Regulations and Evaluations

To achieve design and aesthetic quality for large-scale integrated developments and/or general plan special areas of concern, the following design objectives shall be met:

(1)

Building bulk, height, land coverage, visual appearance from adjacent land, and design compatibility with existing adjoining development and land which will remain, shall be considered and controlled;

(2)

A development's design should successfully integrate individual buildings and building groups with the surrounding development, other physical features in the area, and existing development which will remain;

(3)

The design of structures should provide for harmonious composition of mass, scale, color, and textures, with special emphasis on the transition from one building type to another, termination of groups of structures, relationships to streets, exploitation of views, and integration of spaces and building forms with the topography of the site and the urban or suburban character of the area.

(4)

Provisions are to be made for an efficient, direct and convenient system of pedestrian circulation, together with landscaping and appropriate treatment of any public areas or lobbies.

(5)

Off-street parking and loading areas should be integrated into the overall vehicular circulation system.

(Ord. 79-74).

The planning commission may recommend and the board of supervisors may adopt as part of the preliminary development plan, and may require in the final development plan, standards, regulations, limitations and restrictions which are either more or less restrictive than those specified elsewhere in this

ordinance code, and which are designed to protect and maintain property values and community amenities in the subject community, and which would foster and maintain the health, safety and general welfare of the community, including and relating to but not limited to the following:

(1)

Height limitations on buildings and structures;

(2)

Percent coverage of land by buildings and structures;

(3)

Parking ratios and areas expressed in relation to use of various portions of the property and/or building floor area;

(4)

The location, width and improvement of vehicular and pedestrian access to various portions of the property including portions within abutting streets;

(5)

Planting and maintenance of trees, shrubs, plants and lawns in accordance with a landscaping plan;

(6)

Construction of fences, walls and floodlighting of an approved design;

(7)

Limitations upon the size, design, number, lighting and location of signs and advertising structures;

(8)

Arrangement and spacing of buildings and structures to provide appropriate open spaces around same;

(9)

Location and size of off-street loading areas and docks;

(10)

Uses of buildings and structures by general classification, and by specific designation when there are unusual requirements for parking, or when use involves noise, dust, odor, fumes, smoke, vibration, glare or radiation incompatible with present or potential development of surrounding property:

(11)

Architectural design of buildings and structures;

(12)

Schedule of time for construction and establishment of the proposed buildings, structures, or land uses or any stage of development thereof;

(13)

Requiring of performance bonds to insure development as approved; and

(14)

Requiring that where any residential dwelling unit (one-family dwelling or duplex) or units are approved to be used as a sales model or models at least one such unit have a sprinkler system installed therein meeting the standard specified in Chapter 718-6.

(Ords. 87-43 § 4, 79-74: § 84-66.1404: prior code § 8166(f): Ord. 1743).

When approving and adopting the rezoning application, the preliminary development plan or the final development plan, the planning commission and/or board of supervisors as the case may be, shall be satisfied that:

(1)

The applicant intends to start construction within two and one-half years from effective date of zoning change and plan approval;

(2)

The proposed planned unit development is consistent with the county general plan;

(3)

In the case of residential development, it will constitute a residential environment of sustained desirability and stability, and will be in harmony with the character of the surrounding neighborhood and community;

(4)

In the case of the commercial development, it is needed at the proposed location to provide adequate commercial facilities of the type proposed, and that traffic congestion will not likely be created by the proposed center, or will be obviated by presently projected improvements and by demonstrable provisions in the plan for proper entrances and exits, and by internal provisions for traffic and parking, and that the development will be an attractive and efficient center which will fit harmoniously into and will have no adverse effects upon the adjacent or surrounding development;

(5)

In the case of proposed industrial development, it is fully in conformity with the applicable performance standards, and will constitute an efficient and well organized development, with adequate provisions for railroad and/or truck access service and necessary storage, and that such development will have no adverse effect upon adjacent or surrounding development; and

(6)

The development of a harmonious, integrated plan justifies exceptions from the normal application of this code.

(Ord. 79-74: § 84-66.020: prior code § 8166(g): Ord. 1743).

Article 84-66.16. Termination

(a)

Reversion. P-1 district shall become null and void, and the land use district classification shall revert to the immediately preceding zoning, designation if either:

(1)

Within eighteen months after the effective date of the establishment of the P-1 district and/or the approval of the preliminary development plan (whichever is sooner), a final development plan is not submitted to the planning commission, or

(2)

Within twelve months after the planning commission's approval of the final development plan, the construction specified in the final development plan has not been commenced.

(b)

Time Limit Exception. The time limitation in subsection (a)( 1) of this section applies only to the first final development plan of a unit of a phased preliminary development plan; it does not apply after approval and implementation of such first final development plan.

(c)

Extensions. Upon showings of good cause, the board of supervisors may grant not more than five extensions of the time limitations set forth in subsection (a), each for no more than one year and all extensions totaling five years or less.

(Ords. 79-74, 76-26 § 4, 76-25 § 4: § 84-66.022: prior code § 8166(1): Ords. 71-17, 1743).

Article 84-66.18. Plan Changes

84-66.1802 - Preliminary development plan.

(a)

Changes. Changes, in the approved preliminary development plan and its conditions of approval, may be approved by the planning commission, as with land use permit applications except that it is the

commission which hears and reviews them. The commission's decision may be appealed to the board of supervisors in accordance with Article 26-2.24, otherwise it becomes final.

(b)

Rezoning. When substantial changes in the preliminary development plan involve a reduction of or addition to its land area, then a rezoning application shall be submitted for consideration.

(Ord. 79-74, 76-26 § 2, 76-25 § 2: § 84-66.010: prior code § 8166(c): Ord. 1743).

84-66.1804 - Final development plan.

(a)

Review, Hearing. The zoning administrator shall review approved final development plan applications for modification pursuant to and otherwise regulated by the land use permit provisions of Chapter 26-2, for which the zoning administrator may schedule a public hearing and shall do so if the zoning administrator determines that a substantial modification is being requested in an approved final development plan.

(b)

Findings. In approving the modification application, the zoning administrator shall find that it is consistent with the intent and purpose of the P-1 district and compatible with other uses in the vicinity, both inside and outside the district.

(c)

Conditions. The zoning administrator may impose reasonable conditions and limitations to curry out the purpose of the P-1 district when approving any modification.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 79-74: § 84-66.016: prior code § 8166(1): Ord. 1743).

Article 84-66.20. Variance Permits

84-66.2002 - Granting.

(a)

Procedure. Variance permits to modify the provisions contained in Article 84-66.6 may be granted in accordance with Chapters 26-2 and 82-6.

(b)

General Plan Consistency. Such variance permit shall not be granted by the planning agency hearing the matter unless it finds that the variance is consistent with the general plan.

(Ord. 79-74).

Chapter 84-68 - T-1 MOBILE HOME/MANUFACTURED HOME PARK DISTRICT

Article 84-68.2. General

All land within a T-1 mobile home/manufactured home park district may be used as provided in this chapter.

(Ords. 80-74 §3, 68-30 § 2, 67-39 § 1; prior code § 8168).

Article 84-68.4. Definitions

84-68.402 - Generally.

Unless otherwise specifically provided, or required by the context, the following terms have the following indicated meanings in this chapter.

(Ord. 75-16 § 1: prior code § 8168(a): Ords. 68-30 § 2, 67-39 § 1).

84-68.404 - Reserved.

Editor's note— Ord. No. 2009-12, § IV, adopted May 19, 2009, repealed the former § 86-68.404. The former § 84-68.404 pertained to the definition of camp car and derived from prior code § 8168(a)(4); Ord. 67-39, § 1(part), 1967; and Ord. 68-30, § 1, 1968.

"Lot" is any area or tract of land or portion of a mobile home park or travel trailer park designated or used for the occupancy of one mobile home, travel trailer or camp car and includes a "site."

(Ord. 68-30 § 2, 1968: Ord. 67-39 § 1 (part), 1967: prior code § 8168(a)(6)).

84-68.408 - Reserved.

Editor's note— Ord. No. 2009-12, § IV, adopted May 19, 2009, repealed the former § 86-68.408. The former § 84-68.408 pertained to the definition of mobile home and derived from prior code § 8168(a)(1); Ord. 67-39, § 1(part), 1967; and Ord. 68-30, § 2, 1968. See § 82-4.296 for the definition of mobile home.

84-68.410 - Mobile home park.

"Mobile home park" is any area or tract of land where one or more mobile home lots are rented or leased or held out for rent or lease to accommodate mobile homes used for human habitation.

(Ord. 68-30 § 2, 1968: Ord. 67-39 § 1 (part), 1967: prior code § 8168(a)(2)).

Editor's note— Ord. No. 2009-12, § IV, adopted May 19, 2009, repealed the former § 86-68.412. The former § 84-68.412 pertained to the definition of travel trailer and derived from prior code § 8168(a)(3); Ord. 67-39, § 1(part), 1967; and Ord. 68-30, § 2, 1968. See § 82-4.300 for the definition of travel trailer.

84-68.414 - Travel trailer park.

"Travel trailer park" is any area or tract of land or a separate designated section within a mobile home park where one or more lots are rented or leased or held out for rent or lease to owners or users of travel trailers or camp cars used for travel or recreational purposes.

(Ord. 68-30 § 2, 1968: Ord. 67-39 § 1 (part), 1967: prior code § 8168(a)(5)).

84-68.416 - Recreational vehicle park or campground.

"Recreational vehicle park or campground" is any area or tract of land of at least one acre, with provisions for temporary occupancy (including sleeping) for recreational or travel purposes, by travel trailers, camp cars, tents, tent trailers or other recreational vehicles designed for human habitation.

(Ord. 75-16 § 2).

84-68.418 - Reserved.

Editor's note— Ord. No. 2009-12, § IV, adopted May 19, 2009, repealed the former § 86-68.418. The former § 84-68.418 pertained to the definition of manufactured home/house and derived from Ord. 80-74, § 4. See § 82-4.294 for the definition of manufactured home.

84-68.420 - Reserved.

Editor's note— Ord. No. 2009-12, § IV, adopted May 19, 2009, repealed the former § 86-68.420. The former § 84-68.418 pertained to the definition of vessel and derived from Ord. 2002-27, § 2. See § 82-4.302 for the definition of vessel.

84-68.422 - Reserved.

Editor's note— Ord. No. 2009-12, § IV, adopted May 19, 2009, repealed the former § 86-68.422. The former § 84-68.422 pertained to the definition of vessel trailer and derived from Ord. 2002-27, § 3. See § 82-4.304 for the definition of vessel trailer.

Article 84-68.6. Uses

The following uses are allowed in the T-1 district:

(1)

Crop and/or tree farming, not including the raising or keeping of any animals other than ordinary household pets;

(2)

One mobile home on each legally established mobile home subdivision lot, plus accessory structures and uses normally auxiliary to it.

(Ords. 80-74 § 5, 68-30 § 2, 67-39 § 1: prior code § 8168(b)).

Uses requiring a permit in this district are:

(1)

Mobile home parks, and noncommercial facilities incidental to such an operation;

(2)

Travel trailer parks, and noncommercial facilities incidental to such an operation;

(3)

Mobile home sales area within a mobile home park, if the sales are only to lessees in that park, and the sales area shall terminate when all the park spaces are occupied;

(4)

Recreational vehicle parks or campgrounds, and uses and services incidental to such an operation;

(5)

Mobile home subdivisions in accordance with the provisions of Article 84-68.14.

(Ords. 80-74 § 6, 75-16 § 3, 70-49 § 1, 68-30 § 2, 67-39; prior code § 8168(c)).

Article 84-68.8. Rezoning

84-68.802 - Rezoning to T-1 district.

An applicant requesting a change in zoning to a T-1 mobile home park district shall submit simultaneously and in combination with the rezoning application, an application for a land use permit seeking approval of the development plan. When such an application for a land use permit is submitted, it shall be processed and notice given therefor in the same manner as those matters designated to come before the zoning administrator, except that this application shall be heard by the planning commission at the same time that the rezoning application is heard.

(Ords. 92-65 § 1, 87-3 § 2, 68-30 § 2, 67-39 § 1: prior code 8168(d)(1)).

Article 84-68.10. Application

The planning department shall prescribe an application form for the land use permit, which shall comply with § 26-2.2002 and include a development plan drawn at a scale no greater than one inch equals one hundred feet indicating exterior boundaries of the land proposed for any mobile home park, travel trailer park or recreational vehicle park or campground, and such other drawings as may be necessary to indicate the following:

(1)

All lots with their dimensions;

(2)

All public streets in the vicinity of the proposed park or campground;

(3)

The location, width and type of construction of all park or campground driveways;

(4)

Areas which are to be landscaped and types of landscaping;

(5)

Location of all park or campground buildings and proposed use of each;

(6)

Type of building construction and elevations;

(7)

Detailed plan of typical lot;

(8)

Fences;

(9)

All points of egress and ingress to the park or campground from public roads;

(10)

Fire hydrants; and

(11)

The lots that are to be occupied by independent mobile homes, dependent mobile homes, travel trailers, tents, or camp cars.

(Ords. 85-56 § 8, 75-16 § 6: prior code § 8168(e): Ords. 68-30, 67-39 § 1).

Article 84-68.12. Mobile Home and Travel Trailer Park Standards

Mobile home and travel trailer parks and lot spaces contained therein shall comply with the standards of this article.

(Ord. 80-74 § 8).

Each lot shall have an area of not less than two thousand five hundred square feet.

(Ord. 68-30 § 2 1968: Ord. 67-39 § 1 (part), 1967: prior code § 8168(f)(1)).

84-68.1204 - Park standards—Number of vehicles per acre.

There shall be no more than twelve travel trailers, camp cars or mobile homes per gross acre in a park.

(Ord. 68-30 § 2, 1968: Ord. 67-39 § 1 (part), 1967: prior code § 8168(f)(2)).

Each park shall have a minimum area of three acres.

(Ord. 68-30 § 2, 1968: Ord. 67-39 § (part), 1967: prior code § 8168(f)(3)).

84-68.1208 - Park standards—Lot dimensions.

Each lot shall have a minimum width and minimum frontage of thirty-five feet on a driveway. The lot shall be of a shape that shall permit reasonable area for private use and development and provide for convenient placement of one mobile home or one travel trailer or one camp car.

(Ord. 68-30 § 2, 1968: Ord. 67-39 § 1 (part), 1967: prior code § 8168(f)(4)).

The following yards shall be maintained, open and unobstructed, except for landscaping in each park in addition to those required yards for each lot:

(1)

A front yard of at least twenty feet along the public street upon which the park abuts shall be provided.

(2)

Side yards of not less than ten feet along each side boundary of the park shall be provided.

(3)

A rear yard of not less than ten feet shall be provided along the rear boundary line.

(Ord. 68-30 § 2, 1968: Ord. 67-39 § 1 (part), 1967: prior code § 8168(f)(5)).

84-68.1212 - Park standards—Driveways.

Driveways shall have a minimum width of thirty feet from edge to edge of pavement.

(Ord. 68-30 § 2, 1968: Ord. 67-39 § 1 (part), 1967: prior code § 8168 (f)(6)).

84-68.1214 - Park standards—Recreational area.

There shall be at least one recreational area having a minimum of two hundred square feet in area per each lot.

(Ord. 68-30 § 2, 1968: Ord. 67-39 § 1 (part), 1967: prior code § 8168 (f)(7)).

84-68.1216 - Park standards—Fence.

The park shall be bounded by a decorative fence six feet in height (Ord. 68-30 § 2, 1968: Ord. 67-39 § 1 (part), 1967: prior code § 8168 (f)(8)).

All areas of a park not occupied by driveways, patios and other park facilities shall be landscaped.

(Ord. 68-30 § 2, 1968: Ord. 67-39 § 1 (part), 1967: prior code § 8168 (f)(9)).

Article 84-68.13. Mobile Home Subdivision Standards

84-68.1302 - Standards.

Mobile home subdivisions and lots contained therein shall comply with the standards of this article.

(Ord. 80-74 § 9).

Each mobile home subdivision shall have an area of not less than ten acres for the sole use of mobile homes as single-family dwelling units on the subdivision's individual lots.

(Ord. 80-74 § 9).

No mobile home permitted in the T-1 district shall be placed on a subdivision lot:

(1)

Frontage. With less than a forty-foot frontage; and

(2)

Depth. Less than ninety feet in depth.

(Ord. 80-74 § 9).

The following yards shall be maintained for each subdivision lot:

(1)

Front. There shall be front yard setback of at least twenty feet for any mobile home. On corner lots the principal frontage shall have a setback of at least twenty feet and the other setback shall be at least fifteen feet.

(2)

Side. The side yards shall aggregate at least fifteen feet in width. No side yard shall be less than five feet wide. These minimums may be reduced to three feet for an accessory building or structure if it is set back at least fifty feet from the front property line.

(3)

Rear. There shall be a rear yard of at least fifteen feet for any mobile home. There shall be a rear yard for accessory structures of at least three feet.

(Ord. 80-74 § 9).

No mobile home or other structure in a T-1 subdivision shall exceed twenty feet in height.

(Ord. 80-74 § 9).

In T-1 subdivisions every mobile home unit shall have at least two off-street automobile storage spaces on the same lot. Such spaces shall each have a covered or open surfaced area of at least nine by nineteen feet and shall be entirely outside the required setback and side yard areas.

(Ord. 80-74 § 9).

84-68.1314 - Fence.

A six-foot decorative fence shall bound the mobile home subdivision site area.

(Ord. 80-74 § 9).

84-68.1316 - Subdivision ordinance.

Mobile home subdivisions shall comply with the provisions of the subdivision ordinance. (Title 9).

(Ord. 80-74 § 9).

Article 84-68.14. Restrictions

No mobile home, recreational vehicle, or travel trailer shall be located, maintained or used for human habitation, including sleeping, in any land use district, except as follows:

(a)

The use of the mobile home, recreational vehicle, or travel trailer is authorized by Article 84-68.16, 8468.18, or 84-68.20.

(b)

The mobile home, recreational vehicle, or travel trailer is located in a lawful mobile home park or travel trailer park.

(c)

The mobile home, recreational vehicle, or travel trailer is located in a lawful recreational vehicle park or campground allowed by a land use permit in these districts only: A-2, A-3, RB, C, L-1 and T-1.

(Ord. No. 2009-12, § XI, 5-19-09; Ords. 2002 - 27 § 4, 92-65 § 2, 87-3 § 2 [former § 84-68.806], 8 1-38 § 1, 80-74 § 7, 75-16 § 5: prior code § 8168(d)(3): Qrds. 69-83 § 1,68-30 § 2,67-39 § 1).

84-68.1404 - Storage of mobile homes, recreational vehicles, travel trailers, vessels, and vessel trailers.

A mobile home, recreational vehicle, travel trailer, vessel, or vessel trailer may be stored at the residence of the owner or at any other residence in any land use district only if both of the following conditions are met:

(a)

The mobile home, recreational vehicle, travel trailer, vessel, or vessel trailer is not used for living or sleeping purposes.

(b)

The mobile home, recreational vehicle, travel trailer, vessel, or vessel trailer is adequately screened from view from all public roadways or thoroughfares.

(Ord. No. 2009-12, § XII, 5-19-09; Ords. 2002 - 27 § 5, 92-65 § 2 [former § 84-68.8 10], 87-3 § 2, 68-30 § 2 [former 84-68.8 10], 67-39 § 1: prior code § 8668 (d)(5)).

A lot in a mobile home park or travel trailer park shall not be occupied as living quarters unless a single mobile home or a single travel trailer or a single camp car is parked on the lot.

(Ords. 92-65 § 2 [former § 84-68.812], 87-3 § 2, 68-30 § 2 [former § 84-68.810], 67-39 § 1: prior code 8668 (d)(5)).

Article 84-68.16. Permanent Use

Mobile homes may be located, maintained and used for human habitation by building permit in all singlefamily residential districts (R-) and all agricultural districts (A-) when the mobile home unit complies with the following:

(1)

It is to be occupied only as a principal residence on the lot;

(2)

It meets all development standards of the applicable zoning district;

(3)

It is certified under the National Mobile H Construction and Safety Act of 1974 and any subsequent revisions;

(4)

It is installed on a permanent foundation system approved by the building inspection department of Contra Costa County;

(5)

It is covered with an exterior material customarily used in new conventional single-family residential structures in the surrounding area;

(6)

The exterior covering material must extend to the ground consistent with the most recent county-adopted Uniform Building Code. If a solid concrete or masonry perimeter foundation is used, the covering material need not extend below the top of the foundation. No conventional mobile home skirting shall be allowed;

(7)

The roofing material is of a material customarily used in new, conventional single-family residential structures in the surrounding area;

(8)

The roof has eave and gable overhangs;

(9)

The covering material of the garage or carport is the same as used on the mobile home unit;

(10)

The roof overhangs, siding and roofing material have been approved by the zoning administrator. The exterior materials must be found compatible with neighboring residences.

(Ords. 92-65 § 2 [former § 84-68.808], 87-22 § 3, 87-3 § 2, 8138 § 2 [former § 84-68.807]: Govt. C. § 65852-3).

Article 84-68.18. Caretaker Use

Mobile homes may be located, maintained and used for housing for a watchman or caretaker in the H-I, L-I, A-80, A-40, A-20, A-4, A-3, A-2, A-1, C, F-R, F-1, C-M and W-3 districts, when the zoning administrator has determined that all of this article's criteria and procedures are satisfied.

(Ords. 92-65 § 2 [former § 84-68.806(a)], 87-22 § 2, 87-3 § 2).

Caretaker mobile home criteria to be satisfied and complied with are:

(1)

There is a need for an on-site caretaker to protect possessions of substantive value;

(2)

No other housing is available for a caretaker;

(3)

The mobile home is not and will not be occupied by any individual possessing an ownership or leasehold interest in the property. The caretaker shall be employed as a caretaker and shall be present on-site most hours of the day;

(4)

The initial term of the land use permit shall not exceed four years, and shall be set at the discretion of the zoning administrator. The land use permit may authorize the granting of one or more extensions by the zoning administrator, each extension not to exceed four years;

(5)

The mobile home shall be a single-wide unit and contain at least two hundred twenty square feet but not more than five hundred square feet of floor area;

(6)

The mobile home shall not be installed on a permanent foundation system;

(7)

Conditions of the health officer are satisfied regarding water supply, sewage and refuse collection, as set forth in Divisions 414, 418 and 420;

(8)

Other conditions determined appropriate by the zoning administrator.

(Ords. 92-65 § 2 [former § 84-68.806(a)], 87-22 § 2, 87-3 § 2).

Where an ongoing need for a full-time caretaker exists, the shelter needs of the caretaker shall be satisfied by the provision of a residence on a permanent foundation.

(Ords. 92-65 § 2 [former § 84-68.806(b)], 87-22 § 2, 87-3 § 2).

84-68.1808 - Application and permit.

(a)

Notice—Procedure. Before the zoning administrator decides an application pursuant to this section, the community development department shall mail notice of intent to decide the application to all owners of real property as shown on the latest equalized assessment roll within four hundred feet of the real property on which the mobile home is proposed to be located. Instead of the assessment roll, the department may use records of the county assessor which contain more recent information than the assessment roll.

(b)

Notice—Content. The notice shall state the general nature and location of the application and the time period within which comments must be submitted to be considered. The public comment period shall not be less than seven calendar days from the date of mailing.

(c)

Objections. If, within the comment period specified in the notice of intent, a written objection to the application is received or postmarked, the community development department will attempt to satisfy the concerned parties. Reasonable development and use conditions will be proposed to the applicant and the objectors. If one or more parties is unwilling to accept the staff proposal, the zoning administrator shall schedule a public hearing on the application before the planning commission in accordance with the applicable provisions of this chapter and mail notice thereof to the applicant, the owner and any objector.

(d)

Permit—Granting. If no such objection is received or postmarked within the comment period, the zoning administrator may grant the permit, with or without conditions.

(e)

Permit—Extensions. Requests to extend mobile home permits, including those which were issued prior to the effective date of the ordinance codified in this section, shall be subject to the criteria and procedures set forth in this section applicable to new permits.

(Ords. 92-65 [former § 84-68.806 (c),(d),(e),(f)(g)], 87-22 § 2, 87-3 § 2).

Article 84-68.20. Temporary Use

The use of a mobile home, trailer or camp car may be approved on any lot by a land use permit for temporary occupancy by members (within the third degree of consanguinity) of the family occupying the principal residence on the lot, when the zoning administrator has found that it will not be detrimental to the neighborhood and that there is hardship involving age or health and not mere financial need or convenience. The mobile homes shall not be installed on a permanent foundation system.

(Ords. 92-65 § 2 [former § 84-68.804(2)], 87-3 § 2 [former § 84-68.806], 81-38 § 1, 80-74 § 7, 85-16 § 5: prior code § 8168(d)(3): Ords. 69-83, § 1, 68-30 § 2, 67-39 § 1).

The use of a mobile home, trailer or camp car may be approved by the zoning administrator on a temporary basis in any district when necessary to provide a construction office or housing for a watchman during the construction phase of the project, and only after necessary permits are obtained from the building inspection and health department. The mobile home shall not be installed on a permanent foundation system.

(Ords. 92-65 § 2 [former § 84-68.804(2)], 87-3 § 2 [former § 84-68.806], 81-38 § 1, 80-74 § 7, 75-16 § 5: prior code 8168(d)(3): Ords. 69-83, § 1, 68-30 § 2, 67-39 § 1).

84-68.2006 - Interim agricultural use.

(a)

By an approved land use permit, a mobile home may be located, maintained and used for a period not exceeding five years as housing on a parcel containing at least ten acres, zoned as an agricultural district (A- ) and where the zoning administrator has determined that all the following criteria are satisfied:

(1)

No other adequate residential housing exists on the involved parcel;

(2)

There is a need for the on-site mobile home to assist the agricultural use of the involved parcel during the interim (but not to exceed five-year) permit period;

(3)

The term of any approved permit shall not exceed five years and shall be set at the discretion of the zoning administrator. No permit extensions are allowed;

(4)

The square feet of the mobile home's floor area shall not exceed two thousand square feet and shall be as set at the discretion of the zoning administrator;

(5)

The mobile home shall not be installed on a permanent foundation system;

(6)

Conditions of the health officer are satisfied regarding water supply, sewage and refuse collection, as set forth in Divisions 414, 418 and 420;

(7)

That upon expiration of the permit's term, the use of the mobile home for human habitation, living or sleeping purposes shall immediately cease and it shall be removed from the parcel except for any storage allowed by Section 84-68.1404;

(8)

Other land use permit conditions determined appropriate by the zoning administrator will be complied with.

(b)

Any land use permit granted for such interim agricultural mobile home use shall not become operative and no such interim mobile home use shall be established unless and until the permittee-applicant has filed with the community development director a written acknowledgement of and agreement to fully comply with this section's criteria and requirements, the involved land use permit's conditions, to immediately stop use of the mobile home on (and remove it from) the parcel after the permit's expiration, and to advise any successors-in-interest to the permit and/or ownership of the involved mobile home of these matters.

(Ord. 92-65 § 2).

Article 84-68.22 Land Use and Variance Permits

Land use permits for the permit uses allowed by this chapter and variance permits to modify the provisions contained in Sections 84-68.1202 through 8468.1316 may be granted in accordance with the procedure set forth in Chapters 26-2 and 82-6.

(Ords. 92-65 § 2, 80-74 § 10, 68-30 § 2, 67-39 § 1: prior code 8168(g)).

Chapter 84-70 - -B DESIGN CONTROL COMBINING DISTRICT*

Sections:

All land within a land use district combined with an —B combining district shall be subject to the following additional regulations set forth in this chapter.

(Ord. 1986: prior code § 8167 (part)).

84-70.004 - Intent and purpose—Development plan requirements.

(a)

The intent and purpose of this district shall be to provide design control and maintenance of an area where the respective owners have developed a plan wherein a high degree of amenities is intended to prevail, recognizing that an attractive development enhances property values, social values, health and welfare of the community.

(b)

This district may be applied when requested by a group of landowners who have prepared a plan of development, setting forth criteria through maps, illustrations and text governing the size, bulk, coverage, relationship, color, texture, materials and other appurtenances of physical improvements, including, but not limited to, buildings, signs and fences. Such a plan may also provide for, through its location, design and site planning, a convenient, attractive, and functional living, working, shopping or civic environment. Further, such a plan may provide for off-street parking, landscaping and open space. This plan and accompanying test shall become part of the county code and all further development shall be subject to it.

(Ord. 1986: prior code § 8167(a)(b)).

84-70.006 - Application—Approval by planning director.

(a)

Following the adoption of the rezoning ordinance, with its attendant plan and/or drawings, by the board of supervisors, any proposed development or alteration within this district shall be subject to review and approval by the planning director.

(b)

The planning director may review the site plan elevations applications in public hearing under Chapter 26-2. In approving the application, the planning director shall find that the application is consistent with the intent of this district and that it is compatible with other uses in the vicinity, both within and without the district. When any plan shall have been approved by the planning director, it shall not thereafter be altered or changed except with the approval of the planning director after reviewing the proposed alterations or changes. For the review, the planning director may schedule a public hearing under Chapter 26-2.

(c)

The planning director may impose reasonable conditions and limitations in addition to the requirements listed in this chapter in order to further carry out and develop the intent and purpose of this district.

(d)

Any decision of the planning director may be appealed as provided for in Chapter 26-2.

(Ord. 1986: prior code § 8167(c) — (f)).

In reviewing an application, the planning director shall consider the following:

(1)

That the proposed development shall serve to achieve a group of facilities which will be well related one to another, and which, taken together, will result in a well composed design, with consideration given to site, height, arrangement, texture, material, color, and appurtenances, the relation of those factors to other facilities in the immediate area, and the relation of the development to the total setting as seen from key points in the surrounding area;

(2)

That the proposed development shall be of a quality and character which harmonizes with, and serves to protect the value of, private and public investments in the area;

(3)

That the design of the development conforms in all significant respects with the development control map and drawings adopted by the board of supervisors and made a part of this district;

(4)

That the proposed development will enhance the successful operation of the surrounding area in its basic community functions.

(Ord. 1986: prior code § 8167(g)).

Chapter 84-72 - —T TRANSITIONAL COMBINING DISTRICT

Article 84-72.2. General

All land within a residential land use district combined with a —T transitional combining district (—T) shall be used as allowed and regulated in this chapter.

(Ord. 80-24).

Certain areas within the county are in transition where the existing established uses, buildings, and/or facilities are not consistent with current or proposed zoning. It is the intent of this district, when combined with the underlying residential district, to allow flexibility in uses where it is determined that existing residential dwellings appear to be marginal for residential habitation because of their proximity to heavily traveled roadways, or existing nonresidential uses. The application of this combining district would discourage the abandonment and/or neglect of such buildings. It is not intended that this district allow the establishment of new buildings and structures. Further, it is intended that this district only be used in areas where such applicability is consistent with the general plan.

(Ord. 80-24).

Article 84-72.4. Uses

84-72.402 - Application.

The -T district may be combined with, and made applicable to land in any residential land use district.

(Ord. 80-24).

Uses permitted in the -T district are those uses allowed by full compliance with the combined underlying residential district's regulations.

(Ord. 80-24).

84-72.406 - Uses with land use permit.

In the -T district the following uses are permitted on the issuance of a land use permit:

(1)

Art studios, antique shops, craft shops, and photography studios;

(2)

Answering services;

(3)

Offices for architects, attorneys, accountants and engineers.

(Ord. 80-24).

Where there is any conflict between the regulations of this chapter and those of the combined underlying zoning district, the requirements of this chapter shall govern except that the required minimum lot size shall remain that of the underlying zoning district.

(Ord. 80-24).

Article 84-72.6. Land Use Permits

(a)

Procedure. Land use permits for the special uses enumerated in Section 84-72.406 may be granted in accordance with Chapters 26-2 and 82-6.

(b)

General Plan Consistency. Such land use permit shall not be granted by the planning agency hearing the matter unless it finds that the permit is consistent with the general plan.

(Ord. 80-24).

(a)

An applicant for rezoning to a -T district may submit simultaneously and in combination with the zoning application, an application for approval of a land use permit for the property.

(b)

Such a land use permit application shall be processed and noticed as are those matters designated to come before the zoning administrator, except that it shall be initially heard by the planning commission. The commission's decision shall be a recommendation to the board of supervisors which shall make final decision on the land use permit along with the rezoning.

(Ord. 80-24).

Chapter 84-74 - -K KENSINGTON COMBINING DISTRICT

Article 84-74.2. General.

All land within a land use district combined with the Kensington (-K) combining district shall be subject to the following additional regulations set forth in this chapter.

(Ord. 2004-46 § 2).

(a)

The purpose of this chapter is to provide specific regulation to fairly and efficiently implement the Contra Costa County general plan policies for the Kensington Area so that future development recognizes the rights of property owners to improve the value and enjoyment of their property while minimizing impacts

upon surrounding neighbors and not substantially impairing the value and enjoyment of their neighbors' property; maintains the community's property values; and promotes the general welfare, public health and safety.

(b)

It is a further purpose of this chapter to promote the community's values of preservation of views, light and solar access, privacy, parking, residential noise levels and compatibility with the neighborhood with regard to bulk and scale.

(c)

Features of a development that could influence these values include but are not limited to siting, size, bulk, building envelope, height, setbacks, relative scale, off-street parking spaces, window placement, artificial lighting and location of mechanical devices such as motors, fans and vents.

(Ord. 2004-46 § 2).

Where there is any conflict between the regulations of this chapter and those of the underlying zoning district, the requirements of this chapter shall govern. Otherwise, the regulations found in Division 82 and Chapter 84-4 shall apply to the Kensington combining district.

(Ord. 2004-46 § 2).

Article 84-74.4. Definitions

Unless specified in this article, the terms used in this chapter are defined as in other chapters of this title.

(Ord. 2004-46 § 2).

84-74.404 - Definitions.

For purposes of this chapter, the following words and phrases have the following meanings:

(a)

"Attic" means the space between the ceiling of the top story or top half-story, and the roof, of a building.

(b)

"Basement" means any area in a building or structure where the finished floor directly above the area is less than four feet above preconstruction grade or finished grade, whichever is lower.

(c)

"Bulk" means the volume of the building or structure, including interior courtyard, if any, with height of said courtyard measured to the top plate of the adjoining top story.

(d)

"Crawl space" means an area at, just above, or just below grade and enclosed within the building or structure, which is unconditioned, unfinished and not habitable as a result of insufficient ceiling height to meet applicable building code standards.

(e)

"Design" means the physical characteristics of the building or structure, such as bulk, fenestration, hipped roof and eaves.

(f)

"Development," for the purposes of this chapter, means any building or structure that requires a building permit, unless exempted under Section 84-74.604.

(g)

"Envelope" means a building's or structure's three-dimensional solid figure as defined by the exterior faces of the enclosing walls and roofs and including vertical extensions to the ceiling of the top story of eaves, balconies, decks, fenestration and interior courtyards.

(h)

"Gross floor area" means the total horizontal area in square feet of each floor inclusive of the exterior walls of all buildings on a parcel, as measured at the exterior face of the enclosing wall. Gross floor area includes attached and detached primary and accessory buildings, accessory dwelling units, interior courtyards, garages and carports with roof covering. Gross floor area does not include the area in attics, crawl spaces, basements, and uncovered balconies, decks, and patios.

(i)

"Interior courtyard" means an unroofed area contained within a building that is bounded on at least three sides by roofed interior space, provided the two opposing walls are each at least ten feet in depth.

(j)

"Light" means a living area's access to open sky unobstructed by buildings or structures.

(k)

"Living areas" mean rooms in the residential buildings on a parcel that have at least one exterior window or door. Living areas do not include attics, crawl spaces, basements, accessory buildings, garages and carports.

(1)

"Neighborhood" and "neighboring" mean real properties within three hundred feet of the subject property. "Sounding neighbors" and "neighbors" mean owners of real properties within three hundred feet of the subject property.

(m)

"Obstruction" means any substantial blockage or diminution by the proposed development on surrounding neighbors' light, solar access, view, or preexisting solar energy systems. An obstruction may be caused by a building, a structure, or by attached appendages, such as fire escapes, open stairways, chimneys, sills, belt-courses, cornices, eaves, trellises or other nonvegetative ornamental features.

(n)

"Parcel area" means the total horizontal area included within the property lines of a parcel.

(o)

"Scale" means the relative size of a building as compared to other buildings in the neighborhood.

(p)

"Siting" means the location of the envelope of a building or structure on a parcel.

(q)

"Solar access" means a living area's direct sunlight unobstructed by buildings or structures.

(r)

"View" means a scene from a window in habitable space of a neighboring residence. The term "view" includes both up-slope and down-slope scenes, but is distant or panoramic range in nature, as opposed to short range. Views include but are not limited to scenes of skylines, bridges, distant cities, distinctive geologic features, hillside terrain, wooded canyons, ridges and bodies of water.

(Ord. No. 2017-11, § V, 5-23-17; Ord. 2004-46 § 2).

Article 84-74.6. Exemptions

All land within a land use district combined with the -K district is exempt from the provisions of Section 8210.002(c), Small Lot Occupancy.

(Ord. 2004-46 § 2).

The following developments are exempt from the requirements of this chapter:

(a)

Commercial buildings, churches, public buildings, or schools that meet all applicable code requirements.

(b)

One story accessory buildings with an area of less than one hundred twenty square feet sited within the applicable setbacks.

(c)

Repair or replacement of legally constructed residences destroyed or damaged by fire, explosion, act of God or the public enemy, or other accident or catastrophe, if both of the following conditions are satisfied:

(1)

The siting and envelope are the same; and

(2)

The application for repair or replacement is submitted within two years of the destruction.

(d)

Developments within the -K District for which application was accepted as complete before the effective date of this chapter.

(e)

Development within an existing building or structure that does not expand its envelope.

(f)

Accessory dwelling units and junior accessory dwelling units in compliance with the provisions of Chapter 82-24.

(Ord. No. 2020-01, § IV, 1-21-20; Ord. No. 2017-25, § VI, 10-17-17; Ord. No. 2017-11, § VI, 5-23-17; Ord. No. 2011-05, § VI, 3-15-11; Ord. 2004-46 § 2).

Editor's note— Ord. No. 2020-01, § V, adopted January 21, 2020, repealed § 84-74.606, which pertained to accessory dwelling units and derived from Ord. No. 2017-25, § VII, 10-17-17.

Article 84-74.8. Hearing Requirement

84-74.802 - Threshold standard triggering hearing requirement.

(a)

If the proposed development results in a gross floor area that exceeds the threshold standard set forth in this section, a hearing is required in accordance with Section 84-74.1006.

(b)

The threshold standard is the product of the values of PA and X, increased to the next highest one hundred unless the product of PA and X is evenly divisible by one hundred.

(c)

In calculating the threshold standard, the value of PA is the parcel area in square feet. The value of X is determined by one of the following formulas:

(1)

For parcels with an area of fewer than five thousand square feet, X equals 0.500.

(2)

For parcels with an area of five thousand square feet or more but fewer than seven thousand square feet, X is calculated by subtracting the product of 0.00005 and PA from 0.750 [X = 0.750 - 0.00005(PA)].

(3)

For parcels with an area of seven thousand square feet or more but fewer than ten thousand square feet, X is calculated by subtracting the product of 0.00002 and PA from 0.540 [X = 0.540 - .00002(PA)].

(4)

For parcels with an area of ten thousand square feet or more but fewer than twenty thousand square feet, X is calculated by subtracting the product of 0.000013 and PA from 0.470 [X = 0.470 - 0.000013(PA)].

(5)

For parcels with an area of twenty thousand square feet or more, X equals 0.220.

(Ord. 2004-46 § 2).

Article 84-74.10. Review Procedure

Any application for a permit submitted to the community development department for a building permit for development or expansion of the envelope of a building or structure on a parcel within the -K district that is not exempt under Article 84-74.6 is subject to the review procedure under this article. This article does not exempt an application from any applicable variance requirements of Article 26-2.20.

(Ord. 2004-46 § 2).

Notwithstanding the provisions of Section 26-2.2104, before the zoning administrator decides any application pursuant to this article, the community development department shall mail or deliver notice of intent to decide the application, pursuant to Government Code Section 65091 and the notice provisions of Section 26-2.2004 of the code. The notice shall state the last day to request a public hearing on the

application (which shall be no fewer than thirty-four days after date of mailing), the general nature of the application (including any subdivision exception requested), the review process, and the street address, if any, of the property involved or its legal or boundary description if it has no street address.

(Ord. 2004-46 § 2).

(a)

A public hearing on an application is not required unless:

(1)

The threshold standards in Section 84-74.802 are exceeded; or

(2)

A written request for public hearing is filed with the community development department within thirty-four calendar days after the notice is mailed.

(b)

If a public hearing is required, the community development department will schedule a public hearing on the application in accordance with applicable provisions of Chapter 26-2.

(Ord. 2004-46 § 2).

Article 84-74.12. Standards of Consideration

If a hearing is not required under the provisions of Section 84-74.1006, the application shall be approved.

(Ord. 2004-46 § 2).

If a hearing is held pursuant to the provisions of Section 84-74.1006, the zoning administrator shall consider the application in accordance with the provisions of this article.

(Ord. 2004-46 § 2).

84-74.1206 - Standards of consideration at hearing.

(a)

To ensure the development will promote the values articulated in Section 84-74.204 and promote the general welfare, public health and safety of the community, the zoning administrator shall evaluate siting, size, bulk, building envelope, height, setbacks, relative scale, off-street parking spaces, window placement, artificial lighting, and location of mechanical devices, such as motors, fans and vents. These features of the development shall be evaluated on the basis of their impacts on the neighboring properties, with regard to view protection, obstructions, privacy in living areas, parking, light and solar access, maintaining residential noise levels, and compatibility with the neighborhood with regard to bulk and scale.

(b)

In reaching a decision, the zoning administrator shall apply a standard that balances the following factors: (1) recognizing the rights of property owners to improve the value and enjoyment of their property; (2) recognizing the rights of property owners of vacant lots to establish a residence that is compatible with the neighborhood in terms of bulk, scale and design; (3) minimizing impacts upon surrounding neighbors; (4) protecting the value and enjoyment of the neighbors' property; (5) maintaining the community's property values; (6) maximizing the use of existing interior space; and (7) promoting the general welfare, public health, and safety. Balancing of these factors will not result in the prohibition of development that is compatible with the neighborhood with regard to bulk and scale on parcels that have not been developed.

(c)

To assess solar access impacts, when appropriate, the community development director may require the applicant to provide sun shadow analyses showing the impact of the proposed development on neighboring properties. The review process shall evaluate the impacts in accordance with the purpose and intent of this chapter as set forth in Section 84-74.204(a). The zoning administrator may condition approval of the development by requiring mitigation through design and siting.

(Ord. 2004-46 § 2).

84-74.1208 - Approval.

If the zoning administrator finds that the criteria stated in Section 84-74.1206 and other applicable requirements are satisfied, the zoning administrator may approve the development plan.

(Ord. 2004-46 § 2).

84-74.1210 - Appeal.

Any interested party may appeal a decision made by the zoning administrator under this chapter in accordance with the provisions of Article 26-2.24.

(Ord. 2004-46 § 2).

Chapter 84-76 - FLOOD HAZARD (-FH) COMBINING DISTRICT

Sections:

Article 84-76.2. General

All land within a land use district combined with a flood hazard (-FH) combining district is subject to the additional regulations set forth in this chapter.

(Ord. 2004-13 § 2).

84-76.204 - Purpose.

The purposes of the flood hazard combining district are to allow certain single-family dwellings, two-family dwellings, and residential second units located in special flood hazard areas to be up to three and one-half stories in height as long as the lowest story is used only for vehicle parking, storage, or building access; to eliminate the requirement for height variance permits for these three and one-half story residential buildings; and to allow limited use of the land beneath residential buildings that are required to be elevated for purposes of compliance with Chapter 82-28 (floodplain management).

(Ord. 2004-13 § 2).

For purposes of this chapter, the following words and phrases have the following meanings:

(a)

"Special flood hazard area" has the meaning set forth in Section 82-28.504.

(b)

"Story" has the meaning set forth in Section 82-4.266.

(Ord. 2004-13 § 2).

Article 84-76.4. - Regulations

84-76.402 - Applicability.

The -FH district may be combined with and apply to any zoning district that allows for the establishment of single-family dwellings, two-family dwellings, or residential second units and is located in a special flood hazard area.

(Ord. 2004-13 § 2).

A single-family dwelling, two-family dwelling, or residential second unit of up to three and one-half stories in height is permitted in an -FH district if all of the following standards are met:

(a)

The lowest story is used only for vehicle parking, storage, or building access. The lowest story may not be used, intended or designed to be used, or occupied for living, sleeping, eating, or cooking purposes.

(b)

The building does not exceed thirty-five feet in height.

(c)

The building is located in a special flood hazard area.

(d)

New buildings or additions to existing buildings must meet all applicable standards of this chapter, the underlying zoning district, and Chapter 82-28 (floodplain management).

(Ord. 2004-13 § 2).

84-76.406 - Priority.

Where there is any conflict between the regulations of this chapter and the regulations of Chapter 82-28 (floodplain management), the requirements of Chapter 82-28 shall govern. Where there is any conflict between the regulations of this chapter and those of the underlying zoning district, the requirements of this chapter shall govern.

(Ord. 2004-13 § 2).

Article 84-76.6. - Variance Permits

84-76.602 - Variance permit—Granting.

Variance permits to modify the provisions in Section 84-76.404 may be granted in accordance with Chapter 26-2.

(Ord. 2004-13 § 2).

Chapter 84-78 - BOAT STORAGE (-BS) COMBINING DISTRICT

Sections:

Article 84-78.2. - General

All land within a land use district combined with a boat storage (-BS) combining district is subject to the additional regulations set forth in this chapter.

(Ord. No. 2009-12, § II, 5-19-09)

The -BS district may be combined with and applied to only those areas that are zoned general agricultural (A-2) and heavy agricultural (A-3).

(Ord. No. 2009-12, § II, 5-19-09)

84-78.206 - Priority.

(a)

If there is any conflict between the regulations of this chapter and those of the underlying zoning district, the requirements of this chapter govern, except as provided in subsection (b).

(b)

If a boat storage facility is located within one mile by public road of a boat launching facility open to the public, a land use permit is required under Section 84-38.404. This chapter does not apply to a boat storage facility located within one mile by public road of a boat launching facility open to the public.

(Ord. No. 2017-14, § XIV, 9-19-17; Ord. No. 2009-12, § II, 5-19-09)

Article 84-78.4. - Requirements

84-78.402 - Land use permit required.

(a)

A boat storage facility may be located in a -BS district upon the issuance of a land use permit.

(b)

An application for a land use permit to allow a boat storage facility in a -BS district will be decided in accordance with this chapter and Article 26-2.20 of this code. Hearings will be held in accordance with Article 26-2.22 of this code, except an application for a land use permit to allow a boat storage facility must also be heard by the planning commission having jurisdiction after the initial zoning administrator hearing on the application has been held.

(Ord. No. 2009-12, § II, 5-19-09)

No land use permit to allow a boat storage facility in a -BS district will be issued unless all of the findings required by Section 26-2.2009 of this code and all of the following findings are made:

(a)

The boat storage facility will not undermine the long-term productive capacity of the agricultural land where the facility is located.

(b)

The boat storage facility will not interfere or conflict with ongoing agricultural operations on nearby agriculturally zoned land.

(c)

The design of all structures and improvements for the boat storage facility is compatible with the ruralagricultural setting of the area.

(d)

All outdoor storage areas of the boat storage facility are adequately screened from view from surrounding properties.

(Ord. No. 2009-12, § II, 5-19-09)

84-78.406 - Standards.

(a)

A boat storage facility located in a -BS district must comply with the development standards specified in Article 84-78.6.

(b)

An application for a land use permit to allow a boat storage facility in a -BS district must include a plot plan or site development plan that indicates the location and design features of all of the development standards specified in Article 84-78.6. The boat storage facility must conform to the approved plot plan or development plan.

(Ord. No. 2009-12, § II, 5-19-09)

Article 84-78.6. - Development Standards

84-78.602 - Storage.

(a)

Vessels and vessel trailers may be stored in a boat storage facility.

(b)

Recreational vehicles may be stored in a boat storage facility as long as the number of recreational vehicles stored does not exceed twenty-five percent of the total number of storage spaces in the storage area.

(c)

A boat storage facility may consist of enclosed storage structures or outdoor storage areas, or both. The location of all storage structures and storage areas must be specified on the plot plan or site development plan. The plot plan or site development plan must indicate the maximum number of storage spaces for vessels, vessel trailers, and recreational vehicles, and must specify the percentage of parcel area to be devoted to the storage of vessels, vessel trailers, and recreational vehicles.

(d)

Enclosed Storage Structures.

(1)

Vessels, vessel trailers, and recreational vehicles may be stored in an enclosed or covered structure, but only in an area designated for a storage structure on an approved plot plan or site development plan.

(2)

A storage structure may be in the form of a canopy system.

(3)

Prefabricated shipping or cargo containers may not be used as storage units.

(4)

All storage structures must be set back at least fifteen feet from all property lines, and must not exceed a height of thirty-five feet.

(5)

The exterior colors, facades, windows, roof, and building materials of all storage structures must be compatible with rural-agricultural character of the area, and must be clearly depicted on the plot plan or site development plan.

(6)

Storage structure drawings must be provided with the land use permit application.

(e)

Outdoor Storage Areas.

(1)

Vessels, vessel trailers, and recreational vehicles may be stored outdoors in areas designated for outdoor storage on an approved plot plan or site development plan.

(2)

Outdoor storage areas must be screened by natural buffers, planted landscape areas, or walls or fences. Outdoor storage areas must be set back a distance of fifteen feet from all property lines, except the zoning administrator may reduce the setback distance if the zoning administrator determines that an architecturally designed wall or fence compatible with adjacent properties would effectively screen the storage area from public view.

(3)

Outdoor storage is prohibited within all setback areas.

(4)

Outdoor storage areas must be clearly indicated on the site plan or site development plan.

(Ord. No. 2009-12, § II, 5-19-09)

(a)

No fence or wall may exceed a maximum height of ten feet, except the zoning administrator may authorize a fence or wall higher than ten feet if the zoning administrator determines that a higher, architecturally designed wall or fence would provide greater security than a ten-foot-high wall or fence and be compatible with the rural-agricultural character of the surrounding area.

(b)

All screening fences or walls must be constructed of masonry, concrete, or other similar materials, or consist of slatted chain link fencing. The design and materials used in the construction of fences and walls must be compatible with the rural-agricultural character of the surrounding area.

(c)

The plot plan or site development plan must clearly specify the location and maximum height of all fences and walls.

(d)

Rolled razor wire on fences or walls is prohibited.

(e)

Exterior fence and wall surfaces must be kept free of graffiti and all other marks of vandalism.

(Ord. No. 2009-12, § II, 5-19-09)

(a)

One defined point of vehicular ingress and egress must be provided onto each street or highway adjoining the facility. Each defined point of vehicular ingress and egress must conform to the standards and requirements of the public works department and the fire district having jurisdiction. The site must be designed to provide easy access for emergency service vehicles.

(b)

The following access and interior circulation standards apply:

(1)

At least forty feet of unobstructed driveway depth must be provided from an adjoining street or highway to the storage facility's primary access gate or principal entry point.

(2)

Any interior driveway providing access to storage areas on both sides of that driveway must be at least thirty-six feet wide, except the zoning administrator may authorize a width of less than thirty-six feet if the reduced width is necessary because of the irregular shape or configuration of the lot or parcel. No interior driveway may be less than twenty feet wide.

(3)

Any interior driveway providing access to storage areas on only one side of that driveway must be at least twenty feet wide.

(c)

One standard parking space for each two thousand square feet of gross building storage floor area must be provided. Parking spaces may not obstruct any driveways or adversely affect vehicular ingress and egress to and from the facility. Storage spaces in approved outdoor storage areas do not qualify as required parking spaces.

(d)

The boat storage facility must be designed to allow loading and unloading to occur exclusively on-site. The following parking and loading area standards apply:

(1)

One exclusive use loading area must be located in front of each ground level storage unit, if the storage unit is located in a storage structure and has a roll-up door. These exclusive use loading areas do not qualify as required parking spaces.

(2)

Common loading areas must be provided in an amount sufficient to serve the users of all interior storage units. Common loading areas must be designed to prevent obstruction of driveways.

(3)

Adequate queuing space must be provided on site to prevent vehicles from using adjacent streets or highways for maneuvering. Streets and highways may not be used for queuing.

(Ord. No. 2009-12, § II, 5-19-09)

84-78.608 - Outdoor lighting.

(a)

Outdoor lighting must be shielded to direct light and glare only onto storage areas. Lighting and glare must be deflected, shaded and focused away from all adjoining properties.

(b)

Outdoor lighting must not exceed an intensity of one foot-candle of light throughout the facility.

(c)

All outdoor lighting must be clearly depicted on the plot plan or site development plan.

(Ord. No. 2009-12, § II, 5-19-09)

84-78.610 - Trash enclosures.

(a)

All trash receptacles must be located within an enclosure of adequate height to screen the receptacle from view. All trash enclosures must be constructed of wood, metal, or other opaque material, and have a selflatching gate.

(b)

At least two trash receptacles and surrounding enclosures must be provided for each storage area.

(c)

The proposed location and dimensions of each trash enclosure must be specified on the plot plan or site development plan.

(Ord. No. 2009-12, § II, 5-19-09)

84-78.612 - Signs.

(a)

Signs must not be illuminated.

(b)

The design of all signs must be compatible, to the maximum extent practicable, with nearby agricultural uses and reflect the rural-agricultural characteristics of the surrounding area.

(c)

Signs must comply with the requirements of Chapter 88-8.

(d)

The proposed location and dimensions of all signs must be specified on the plot plan or site development plan.

(Ord. No. 2009-12, § II, 5-19-09)

84-78.614 - Site design.

(a)

The architecture of all storage structures, areas, fences, walls, gates, and landscaping must be compatible, to the maximum extent practicable, with nearby agricultural uses and reflect the rural-agricultural characteristics of the surrounding area.

(b)

All storage structures must be designed, located, and screened so all overhead doors and interior driveways are not readily visible from adjacent public view.

(Ord. No. 2009-12, § II, 5-19-09)

(a)

Only the following activities are allowed at a boat storage facility:

(1)

Activities normally associated with the pickup, drop-off, or movement of vessels onto trailers or the movement of recreational vehicles, including the installation of hitches, trailers, and towing packages.

(2)

Commercial transactions that are associated with the rental of storage spaces or units and are between the boat storage facility and renters or lessees of storage areas.

(b)

The following uses are prohibited within a boat storage facility:

(1)

The storage of any of the following: dangerous materials, including flammable, caustic, poisonous, radioactive or explosive matter or materials; any material that creates dust, odor, or fumes; and hazardous materials or hazardous waste.

(2)

The repair, servicing, renovating, manufacturing, assembly, construction, painting, maintenance, washing or resurfacing of any vessel, motor vehicle, recreational vehicle, trailer or other machine or implement.

(3)

Any commercial, business, professional, industrial or recreational use or activity, except for commercial transactions that are associated with the rental of storage spaces or units and are between the boat storage facility and renters or lessees of storage areas.

(4)

The use of any storage structure or storage space for human or animal habitation.

(c)

A boat storage facility may contain no more than one residential unit. A residential unit may be used only by an on-site manager or caretaker employee.

(d)

No water, sanitary facilities or electricity, with the exception of lighting fixtures, may be provided in storage areas or spaces, unless approved by the zoning administrator.

(e)

Operational Requirements.

(1)

A boat storage facility may be open for business only between the hours of seven a.m. and six p.m. Afterhours access by customers to a boat storage facility for drop-off or pick-up is not prohibited by this section.

(2)

All rental or lease agreements for storage units and spaces must include all of the following provisions:

(A)

The name, mailing address, and telephone number of the renter or lessee.

(B)

A description of all vessels, vessel trailers, vehicles or equipment being stored within the unit or space, including vessel or vehicle registration numbers.

(C)

A provision, signed by the renter or lessee, that the renter or lessee comply with all applicable requirements of this ordinance and conditions of approval for the facility's land use permit, including the prohibition against the storage of any dangerous materials.

(3)

All storage facility records, or copies thereof, including all rental or lease agreements, must be kept at the boat storage facility. A boat storage facility's records must include a regularly updated list of all storage space renters, lessees, or users. The storage facility's owner, operator, or other designated responsible person must make all boat storage facility records available to the county upon request.

(Ord. No. 2009-12, § II, 5-19-09)

Chapter 84-79 - URBAN FARM ANIMAL EXCLUSION (-UE) COMBINING DISTRICT Article 84-79.2 - General

All land within a land use district combined with an urban farm animal exclusion (-UE) combining district is subject to the additional regulations set forth in this chapter.

(Ord. No. 2018-11, § II, 5-1-18)

84-79.204 - Applicability.

The -UE district applies to all property in any of the following zoning districts located in the following communities:

(a)

Zoning districts.

(1)

Single-family residential districts (R-6, R-7, R-10, R-12, R-15, R-20, R-40, R-65, and R-100).

(2)

Planned unit (P-1) districts for which single-family residential uses are approved.

(3)

Two-family residential (D-1) districts.

(b)

Communities.

(1)

Bethel Island.

(2)

Byron.

(3)

Diablo.

(4)

Discovery Bay.

(5)

Knightsen.

(Ord. No. 2018-11, § II, 5-1-18)

84-79.206 - Priority.

If there is any conflict between the regulations of this chapter and those of the underlying zoning district, the requirements of this chapter govern.

(Ord. No. 2018-11, § II, 5-1-18)

For the purposes of this chapter, the following words and phrases have the following meanings:

(a)

"Apiary" has the meaning set forth in Section 82-50.204.

(b)

"Urban farm animal raising and keeping" has the meaning set forth in Section 82-50.204.

(Ord. No. 2018-11, § II, 5-1-18)

Article 84-79.4 - Uses

84-79.402 - Permitted uses.

(a)

Except as otherwise provided in Section 84-79.404, all uses authorized in the underlying zoning district are permitted in a -UE district.

(b)

Urban farm animal raising and keeping is permitted in a -UE district where the underlying zoning district is a single-family residential district with an R-20, R-40, R-65, or R-100 designation.

(Ord. No. 2018-11, § II, 5-1-18)

(a)

Keeping or maintaining an apiary is prohibited in a -UE district.

(b)

Urban farm animal raising and keeping is prohibited in a -UE district where the underlying zoning district is a listed single-family residential district (R-6, R-7, R-10, R-12, R-15), a planned unit (P-1) district for which single-family residential uses are approved, or a two-family residential (D-1) district.

(Ord. No. 2018-11, § II, 5-1-18)

Chapter 84-80 - A-20 EXCLUSIVE AGRICULTURAL DISTRICT

Sections:

Article 84-80.2. - General

All land within an A-20 exclusive agricultural district may be used for any of the following uses, under the regulations set forth in this chapter.

(Ord. 79-108).

The purpose of this chapter's regulations is to provide and protect areas for agricultural uses by preventing the establishment of urban and any other incompatible land uses thereon.

(Ord. 79-108).

Article 84-80.4. - Uses

The following uses are allowed in an A-20 district:

(1)

All types of agriculture, including general farming, wholesale horticulture and floriculture, dairying, livestock production and breeding, poultry and grain-fed rodent raising, aviaries, apiaries, forestry, and similar agricultural uses.

(2)

Other agricultural uses, including the erection and maintenance of sheds, warehouses, granaries, dehydration plants, hullers, fruit and vegetable packing plants, and buildings for the storage of agricultural products and equipment.

(3)

A grower stand or farm stand.

(4)

A detached single-family dwelling on each legally established lot and the accessory structures and uses normally auxiliary to it.

(5)

Accessory dwelling units and junior accessory dwelling units in compliance with the provisions of Chapter 82-24.

(6)

A farmworker dwelling.

(7)

Farmworker housing complex.

(Ord. No. 2020-01, § XII, 1-21-20; Ord. No. 2017-14, § XV, 9-19-17; Ords. 2007-23 § 7, 2006-19 § 10, 79108).

The following uses may be allowed in an A-20 district on the issuance of a land use permit:

(1)

Merchandising of agricultural supplies and services incidental to agricultural use.

(2)

Commercial kitchens or other facilities for creating value-added farm products.

(3)

Canneries.

(4)

Cold storage plants.

(5)

Rendering plants and fertilizer plants or yards.

(6)

Livestock auction or sales yards.

(7)

Wholesale nurseries and greenhouses.

(8)

Mushroom houses.

(9)

Processing of milk not produced on premises.

(10)

Dude ranches, riding academies, stables, dog kennels.

(11)

Hospitals, eleemosynary and philanthropic institutions, convalescent homes, and animal hospitals.

(12)

Churches, religious institutions, parochial and private schools.

(13)

Community buildings, clubs, activities of a quasi-public, social, fraternal or recreational character.

(14)

Medical and/or dental offices and clinics.

(15)

Boat storage area within one mile by public road of a public boat launching facility.

(16)

Oil and gas drilling and production including the installation and use of only such equipment necessary and convenient for drilling and extracting operations.

(17)

Commercial radio and television receiving and transmitting facilities other than broadcasting studios and business offices.

(18)

One additional single-family dwelling.

(19)

Wind energy conversion systems, except when used only as an accessory to an allowable residential or agricultural use.

(20)

A farm market.

(21)

Farmworker housing center.

(22)

Commercial cannabis activities that meet the requirements of Chapter 88-28.

(23)

A child care center, as the term is defined in California Code of Regulations, title 22, section 101152(c)(7), that has obtained all required state and local agency approvals and licenses.

(Ord. No. 2024-06, § 6, 3-5-24; Ord. No. 2022-37, § IX, 12-6-22; Ord. No. 2018-18, § 5, 6-26-18; Ord. No. 2017-14, § XVI, 9-19-17; Ord. No. 2013-12, § IX, 4-16-13Ords. 2007-23 § 8, 2006-19 § 11, 86-61 § 4, 8424 § 4, 79-108).

Article 84-80.6. - Lots

No building or other structure allowed in the A-20 district shall be erected or placed on a lot smaller than twenty acres in area, and two hundred fifty feet in average width, and three hundred feet deep.

(Ord. 79-108).

Article 84-80.8. - Building Height

84-80.802 - Building height—Maximum.

(a)

Except as provided in subsection (b) of this section, there shall be no maximum building or structure height in the A-20 district.

(b)

No residential structure or building permitted in an A-20 district shall exceed two and one-half stories or thirty-five feet in height, whichever is greater.

(Ords. 2006-19 § 12, 79-108).

Article 84-80.10. - Yards

84-80.1002 - Side.

No side yard shall be less than fifty feet in width.

(Ord. 79-108).

There shall be front yard setback of at least twenty-five feet for any building or structure.

(Ord. 79-108).

84-80.1004 - Rear.

No rear yard width is required.

(Ord. 79-108).

Notwithstanding any other yard provisions of this article, no barns, stables and other buildings or structures used to house livestock, grain-fed rodents, or poultry shall be located on a lot less than fifty feet from the boundary line of any residential land use district.

(Ord. 79-108).

Article 84-80.12. - Land Use and Variance Permits

Land use permits for the special uses enumerated in Section 84-80.404 and variance permits to modify the provisions contained in Article 84-80.6 through 84-80.10 may be granted in accordance with Chapters 26-2 and 82-6.

(Ord. 79-108).

Article 84-80.14 - Rooster Keeping

Rooster keeping standards for the A-20 district shall be the same as those for the A-2 district (Section 8438.1402).

(Ord. No. 2018-06, § XXI, 5-1-18)

Variance permits may be granted pursuant to Section 84-80.1202 to allow the clustering of single-family dwellings on lots where:

(1)

Such action is consistent with the general plan;

(2)

The design of the dwelling cluster is, and shall be subject to the review and approval of the zoning administrator; and

(3)

Development rights, grants, and/or open space and conservation easements are conveyed to the county for the portions of the lots not covered by the clustered dwellings. Such conveyances shall be valid for the period of time specified by the planning agency but not to exceed twenty-five years.

(Ord. 79-108).

Chapter 84-82 - A-40 EXCLUSIVE AGRICULTURAL DISTRICT

Article 84-82.2. - General

All land within an A-40 exclusive agricultural district may be used for any of the following uses, under the regulations in this chapter.

(Ord. 79-108).

The purpose of this chapter's regulations is to provide and protect areas for agricultural uses by preventing the establishment of urban and any other incompatible land uses thereon.

(Ord. 79-108).

Article 84-82.4. - Reference to A-20 District

Except as specified, the A-40 district is established and administered conformably with all the provisions of Chapter 84-80 on A-20 districts.

(Ord. 79-108).

84-82.404 - Differences from A-20 district.

The following regulations for A-40 districts are different from those for A-20 districts:

(1)

Uses with land use permit. No land use permit may be issued in an A-40 district for the uses listed in subsections (11) through (15) of Section 84-80.404.

(2)

Area. No building or other structure permitted in an A-40 district shall be erected or placed on a lot smaller than forty acres in area.

(Ord. No. 2024-06, § 7, 3-5-24; Ord. No. 2017-14, § XVII, 9-19-17;; Ord. 79-108).

Chapter 84-84 - A-80 EXCLUSIVE AGRICULTURAL DISTRICT Article 84-84.2. - General

All land within an A-80 exclusive agricultural district may be used for any of the following uses, under the regulations in this chapter.

(Ord. 79-108).

The purpose of this chapter's regulations is to provide and protect areas for agricultural uses by preventing the establishment of urban and any other incompatible land uses thereon.

(Ord. 79-108).

Article 84-84.4. - Reference to A-20 District

Except as specified, the A-80 district is established and administered conformably with all the provisions of Chapter 84-80 on A-20 districts.

(Ord. 79-108).

The following regulations for A-80 districts are different from those for A-20 districts:

(1)

Uses with land use permit. No land use permit may be issued in an A-20 district for the uses listed in subsections (11) through (15) of Section 84-80.404.

(2)

Area. No building or other structure permitted in an A-80 district shall be erected or placed on a lot smaller than eighty acres in area.

(Ord. No. 2024-06, § 8, 3-5-24; Ord. No. 2018-18, § 5, 6-26-18; Ord. No. 2017-14, § XVIII, 9-19-17; Ord. 79-108).

Chapter 84-86 - CANNABIS EXCLUSION (-CE) COMBINING DISTRICT

All land within a land use district combined with a cannabis exclusion (-CE) combining district is subject to the additional regulations set forth in this chapter.

(Ord. No. 2018-18, § 4, 6-26-18)

The cannabis exclusion (-CE) combining district applies to all property in all zoning districts in the following communities and geographic areas of the county.

(a)

Acalanes Ridge.

(b)

Alamo.

(c)

Bethel Island.

(d)

Blackhawk.

(e)

Bollinger Canyon.

(f)

Contra Costa Centre.

(g)

Knightsen.

(h)

Sandmound Slough.

(i)

Saranap.

(Ord. No. 2019-15, § 2, 5-21-19; Ord. No. 2018-27, § 2, 9-25-18; Ord. No. 2018-18, § 4, 6-26-18)

84-86.206 - Priority.

If there is any conflict between the requirements of this chapter and those of the underlying zoning district, the requirements of this chapter govern.

(Ord. No. 2018-18, § 4, 6-26-18)

84-86.208 - Definitions.

For the purposes of this chapter, the term "commercial cannabis activities" has the same meaning as in Chapter 88-28.

(Ord. No. 2018-18, § 4, 6-26-18)

84-86.210 - Permitted uses.

Except as provided by Section 84-86.212, all uses allowed in the underlying zoning district are permitted within the -CE district.

(Ord. No. 2018-18, § 4, 6-26-18)

Commercial cannabis activities are prohibited within the -CE district, regardless of the underlying zoning district.

(Ord. No. 2018-18, § 4, 6-26-18)

Chapter 84-88 - SOLAR ENERGY GENERATION (-SG) COMBINING DISTRICT Article 84-88.2 - General

84-88.202 - Solar energy generation (-SG) combining district.

All land within an agricultural (A-2, A-3, A-20, A-40, or A-80) district combined with a solar energy generation (-SG) combining district is subject to the additional regulations set forth in this chapter.

(Ord. No. 2020-08 § II, 2-25-20)

If there is any conflict between the regulations of this chapter and those of the underlying zoning district, the requirements of this chapter govern.

(Ord. No. 2020-08 § II, 2-25-20)

For the purposes of this chapter, the following words and phrases have the following meanings:

(a)

"Commercial solar energy facility" has the meaning set forth in Section 88-30.206.

(b)

"Solar energy facility" has the meaning set forth in Section 88-30.206.

(Ord. No. 2020-08 § II, 2-25-20)

Article 84-88.4 - Uses

All uses allowed in the underlying zoning district are permitted in an -SG district.

(Ord. No. 2020-08 § II, 2-25-20)

84-88.404 - Commercial solar energy facilities.

A commercial solar energy facility that meets the requirements of Chapter 88-30 may be established in an - SG district after issuance of a land use permit.

(Ord. No. 2020-08 § II, 2-25-20)

Chapter 84-90 - CROCKETT-CARQUINEZ FIRE PROTECTION DISTRICT AND CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT[[13]]

Footnotes:

--- ( 13 ) ---

Editor's note— Ordinance No. 2023-07, §§ 1—6, adopted April 4, 2023, did not specifically amend the Code. Therefore such ordinance has been added as chapter 84-90 at the editor's discretion.

(a)

This chapter is authorized by state statutes and regulations, including, but not limited to, Public Resources Code Sections 4117, 4290 and 5561.5; Health and Safety Code Sections 13801, 13804, 13861, 13862, and 13870; Government Code Section 51175; Title 14, California Code of Regulations, Section 1270.04; Title 19, California Code of Regulations, Section 1.07; and Title 24, Part 9, California Code of Regulations, Chapter 49.

(b)

This chapter applies in all territory within the Contra Costa County Fire Protection District and CrockettCarquinez Fire Protection District that has been classified as a local responsibility area. This chapter also applies to all structures in a state responsibility area located within the Contra Costa County Fire Protection District and Crockett-Carquinez Fire Protection District, pursuant to Health and Safety Code Section 13811.

(Ord. No. 2023-07, § 1, 4-4-23)

Combustible material. Rubbish, litter, or material of any kind other than hazardous vegetation, that is combustible and endangers the public safety by creating a fire hazard as determined by the Fire Code Official.

Cost of abatement. Includes all expenses incurred by the fire district in its work of abatement and administrative costs.

Defensible space. The areas, including Zone 0, Zone 1, and Zone 2, extending one hundred feet from any Structure.

Fire apparatus access road. A road that provides fire apparatus access from a fire station to a facility, building, or portion thereof. This is a general term that includes, but is not limited to, a fire lane, public street, public right-of-way, private street, driveway, parking lot lane, and access road.

Fire code official. The Fire Chief or their duly authorized representatives.

Fire district. The Contra Costa County Fire Protection District and the Crockett-Carquinez Fire Protection District.

Fire hazard. Any condition, arrangement, or act that will increase, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire, or that may obstruct, delay, or hinder, or may become the cause of obstruction, delay, or hindrance, to the prevention, suppression, or extinguishment of fire.

Fuel break. A strategically located block or strip of land on which a cover of dense, heavy, or hazardous vegetation has been removed or modified to create lower fuel volume or reduced combustibility as an aid to fire control.

Hazardous vegetation. Vegetation that is combustible and endangers the public safety by creating a fire hazard, including, but not limited to, bark, mulch, seasonal and recurrent grasses, weeds, stubble, nonirrigated brush, dry leaves, dry needles, dead, dying, and diseased trees, or any other vegetation identified by the Fire Code Official.

Ladder fuel. Fuel that provides vertical continuity between surface fuel and canopy fuel strata, increasing the likelihood that fire will carry from surface fuel into the crowns of shrubs and trees.

Local responsibility area. An area that is not a state responsibility area or federal property, and where the responsibility for preventing and suppressing fires is primarily the responsibility of the Fire District.

Modification. Where there are practical difficulties involved in carrying out the provisions of this chapter, the Fire Code Official, shall have the authority to grant modifications for individual cases, provided that the Fire Code Official shall first find that special individual reasons make the strict letter of this chapter impractical and that the modification is in compliance with the intent and purpose of this chapter. The details of actions granting a modification shall be recorded and entered in the files of the Fire District.

Outbuilding. Buildings or structures that are less than one hundred twenty square feet in size and are not used for human habitation, and buildings or structures with a roof but no walls.

Parcel. A portion of real property of any size, which may be identified by an Assessor's Parcel Number, the area of which is determined by the legal lot of record.

Person. Includes any agency of the state, and any county, city, special district, or other local public agency, and any individual, firm, association, partnership, business trust, corporation, nonprofit corporation, limited liability company, or company.

Rubbish. Waste matter, litter, trash, refuse, and debris on streets or private property in the jurisdiction which is, or dry when they become, a fire hazard.

State responsibility area. An area of the state identified by the Board of Forestry and Fire Protection pursuant to Public Resources Code Section 4125 where the financial responsibility for preventing and suppressing fires is primarily the responsibility of the state.

Streets. Includes alleys, parkways, driveways, highways, private roads, public roads, trails and fire trails.

Structure. A building that has walls and a roof and an area of one hundred twenty square feet or greater.

Tree litter. Any limbs, bark, branches and/or leaves in contact with other vegetation or left to gather on the ground.

Weeds. All weeds growing upon streets or private property in the jurisdiction, including any of the following:

(a)

Weeds that bear seeds of a fluffy nature or are subject to flight.

(b)

Sagebrush, chaparral (including chamise, coyote brush/greasewood, brooms, and buckwheat), and any other brush or weeds that attain such large growth as to become, when dry, a fire hazard to adjacent improved property.

(c)

Weeds that are otherwise noxious or dangerous.

(d)

Poison oak and poison sumac when the conditions of growth constitute a menace to public health.

(e)

Dry grass, brush, tree litter, litter, or other flammable materials that endanger the public safety by creating a fire hazard.

Zone 0. Referred to as the Ember-resistant Zone or Home Ignition Zone, it extends from zero to five feet from any structure, attached deck, or outbuilding on the parcel. Zone 0 requires the most stringent wildfire fuel reduction. This Ember-resistant Zone is designed to ensure that fire or embers from igniting materials cannot spread to the structure.

Zone 1. Referred to as the Lean, Clean, and Green Zone, it extends from five feet to thirty feet from any structure or attached deck, or from five feet from the structure or attached deck to the property line, whichever is closer.

Zone 2. Referred to as the Reduced Fuel Zone, it extends from thirty feet to one hundred feet from any Structure or attached deck, or from thirty feet from the structure or attached deck to the property line, whichever is closer.

(Ord. No. 2023-07, § 2, 4-4-23)

84-90.006 - Fuel mitigation and exterior hazard abatement (defensible space) standards.

(a)

Prohibition. No person who has any ownership or possessory interest in or control of a parcel within any state responsibility area or local responsibility area within the Fire District shall allow to exist thereon any hazardous vegetation or combustible material that constitutes a fire hazard as determined by the Fire Code Official.

(b)

Defensible space for structures and attached decks. All persons who have any ownership or possessory interest in or control of any parcel within the Fire District shall maintain defensible space adjacent to all Structures and attached decks on the parcel in accordance with California Code of Regulations, Title 14, Section 1299.03, and in accordance with Public Resources Code Section 4291.

(c)

Defensible space for outbuildings. All persons who have any ownership or possessory interest in or control of any parcel within the Fire District shall comply with the defensible space requirements of subsection (b), above, with respect to any outbuildings on the parcel that are within one hundred feet of a structure or attached deck on the parcel.

(d)

Roadside vegetation. All persons who have any ownership or possessory interest in or control of any parcel within the Fire District that abuts a fire apparatus access road shall:

(1)

Remove all hazardous vegetation that is within ten feet, measured horizontally, from the paved edge of the fire apparatus access road.

(2)

Ensure that all portions of any tree overhanging a fire apparatus access road has at least thirteen feet fix inches, measured vertically, of clearance from the roadway surface.

(e)

Fences. No person who has any ownership or possessory interest in or control of any parcel within the Fire District shall construct or allow to be constructed or placed on the parcel any screen, fence or other structure made, in whole or in part, of bark, mulch, or wood chips within one hundred feet of a Structure or within ten feet of the paved edge of a fire apparatus access road.

(f)

Environmental concerns. Compliance with the fuel mitigation requirements of this chapter shall not result in the taking of endangered, rare, or threatened plant or animal species, significant erosion, or sedimentation of surface waters. When these or other conditions make it impractical to comply with the fuel mitigation requirements, the person who owns, leases, or controls the parcel or parcels shall request that the Fire Code Official grant a modification of the requirements.

(Ord. No. 2023-07, § 3, 4-4-23)

Before the close of escrow on the sale of any parcel within the Fire District, the seller shall provide to the buyer documentation from the Fire Code Official stating that the property is currently in compliance with the fuel mitigation requirements of this chapter. The Fire Code Official shall have the discretion to accept alternate means and measures to achieve compliance if completion of the required work will delay the sale or transfer of the property.

(Ord. No. 2023-07, § 4, 4-4-23)

(a)

Fuel break requirement. To reduce the risk of uncontrolled wildfire, fuel breaks are required on all parcels in the Fire District. A fuel break requires the removal or modification of fuel, maintained on an annual basis by June 1 of each year, or on a recurring basis as determined by the Fire Code Official, in a manner that will prevent the transmission of fire.

(b)

Fuel break standards. A person who owns, leases, or controls one or more parcels within the Fire District shall comply with following fuel break standards for each parcel.

(1)

Parcels of five acres or less. The parcel shall be maintained in accordance with the following requirements:

(A)

Annual grasses and weeds shall be maintained at a height of no more than three inches. Weeds and grasses must be mowed, with material mulched and scattered or raked and bagged, and removed from the property, or disced. All discing work, including discing to establish fuel breaks, shall be completed so that all weeds, grasses, crops and other vegetation or organic material, which could be expected to bum, shall be completely turned under to the point that there is not sufficient exposed fuel to maintain or allow the spread of fire. Parcels may require additional abatement during the season due to the regrowth of weeds and other flammable vegetation.

(B)

All hazardous vegetation shall be removed.

(C)

All non-irrigated brush shall be removed.

(D)

All combustible material shall be removed.

(E)

All dead, diseased, or dying trees within one hundred feet of an occupied structure shall be removed.

(F)

All ladder fuel(s) shall be removed from trees so that foliage, twigs, or branches are a minimum of six feet above the ground, or higher based on site and slope conditions.

(2)

Parcels greater than five acres. The parcel shall be maintained with thirty-foot fuelbreaks and fifteen-foot crossbreaks. Fuelbreaks and crossbreaks are a continuous strip of disced or dozed ground following as closely as possible to the property line, and along one side of all fencelines, ditches, and on top of all ridgelines. Crossbreaks should divide the parcel into approximately five-acre sections. Fencelines may require handmowing or weedeating to ensure completion of fuelbreak. When terrain is too steep or rugged for a tractor, a handmowed fuelbreak may be required. All cut material must be mulched and scattered or raked, bagged and removed from parcel. Where thirty-foot fuelbreaks are required, they shall be provided around all structures, combustible storage, trees, shrubs and brush, along ridgelines, fencelines, ditches, and along the sides of, but not in, creeks.

(3)

All parcels.

(A)

Fuelbreaks along roadways are required as part of the property line. Road rights-of-way shall be cleared to a minimum of ten feet horizontally from the edge of driving surface and thirteen feet six inches vertically.

(B)

Active pastureland shall be provided with fifteen-foot wide fuelbreaks and crossbreaks if a sufficient number of animals are present to steadily reduce height of grasses during the summer months to three inches or less by the end of August, irrespective of parcel size. If this requirement cannot be met, thirty-foot fuelbreaks and crossbreaks shall be required.

(C)

Active cropland shall be provided with fifteen-foot fuelbreaks or crossbreaks if the crop is to be harvested by mid-June. If there is to be a later harvest, thirty-foot fuelbreaks shall be required.

(D)

Orchards are to be maintained by complete abatement, including grasses under tree branches. This may require pruning of lower branches to allow equipment access.

(E)

Tree litter (eucalyptus leaves and bark, coniferous needles, leaves, fallen branches, etc.) shall be removed from the base of trees, tree stems, and limbs within six feet of the ground and maintained throughout the fire season.

(F)

All debris, rubble, junk, piles of dirt, and other obstructions, that would obstruct or impede vehicles or equipment used for abatement work or fire suppression operations, must be removed.

(G)

If the Fire Code Official requires mowed fuelbreaks and crossbreaks, mowed fuelbreaks shall be sixty feet wide and mowed crossbreaks shall be thirty feet wide.

(c)

Multiple contiguous parcels owned by the same person may be treated as a single parcel, upon request of the owner, lessee or person in control of the parcel and with the approval of the Fire Code Official, if a fuel break is provided based on the size of the combined parcels.

(d)

Environmental concerns. Creation of fuel breaks shall not result in the taking of endangered, rare, or threatened plant or animal species, significant erosion, or sedimentation of surface waters. When these or other conditions make it impractical to create and maintain a required fuel break, the person who owns, leases, or controls the parcel or parcels shall request a modification of the fuel break requirement.

(Ord. No. 2023-07, § 5, 4-4-23)

(a)

Exterior fire hazard control—General.

(1)

Jurisdictional authority. The Board of Directors, as the supervising, legislative, and executive authority of the jurisdiction, hereby delegates to the Board of Fire Commissioners of the jurisdiction all its powers, duties, and rights to act pursuant to Part 5 (commencing with Section 14875), Division 12, of the Health and Safety Code ("Part 5"), to clear or order the clearing of rubbish, litter, or other flammable material where such flammable material endangers the public the safety by creating a fire hazard. Fire hazard abatement will be conducted in accordance with the provisions of Part 5 and this chapter.

(2)

Retention of jurisdictional authority. If no Board of Fire Commissioners has been appointed for the jurisdiction, then the Board of Directors retains its powers and rights to act pursuant to Part 5.

(3)

Contract for services. The Board of Directors reserves and retains the power to award a contract for fire hazard abatement work,

(4)

Public nuisance. The Board hereby declares that all fire hazards, including weeds growing upon private property or streets and all rubbish on private property, easements or streets in the Fire District, are public nuisances.

(b)

Fire hazard abatement.

(1)

Prohibition. No person who has any ownership or possessory interest in or control of parcel of land shall allow to exist thereon any hazardous rubbish, weeds, trees, or other vegetation that constitutes a fire hazard. Destruction by burning within this jurisdiction is unlawful unless the written permission of the Fire Chief is first obtained, and all other applicable permits are obtained from appropriate governing agencies or jurisdictions.

(2)

Specific requirements. The Fire District may develop additional abatement standards for land in residential, rural and/or rural residential, business, industrial areas, or land which is unused or vacant. These standards may be modified periodically as circumstances dictate.

(3)

Clearance of weeds from streets. The Fire Code Official is authorized to cause areas within ten feet (3048 mm) on each side of portions of streets which are improved, designed, or ordinarily used for vehicular traffic to be cleared of flammable vegetation and other combustible growth. The Fire Code Official is authorized to enter upon private property to do so, to the extent allowed by law.

(c)

Abatement procedures.

(1)

Abatement order. The Fire Code Official may order the abatement of a fire hazard. On making the order, the Fire Code Official will mail a copy of a notice to the owners of the affected property as their names and addresses appear upon the last county equalized assessment roll, or as their names and addresses are known to the Fire Code Official. As an alternative to mailing, the notice may be posted upon the affected property and published in the jurisdiction, not less than fifteen days prior to the date of the abatement hearing.

a copy of a notice to the owners of the affected property as their names and addresses appear upon the last county equalized assessment roll, or as their names and addresses are known to the Fire Code Official. As an alternative to mailing, the notice may be posted upon the affected property and published in the jurisdiction, not less than fifteen days prior to the date of the abatement hearing.

Copies of the notice will be headed with the words "Notice to Abate Fire Hazard" in letters at least one inch high. The notice will be in substantially the following form:

NOTICE TO ABATE FIRE HAZARD

You are hereby notified that (describe condition, e.g., weeds and rubbish) constitute a fire hazard on the following described property owned by you:

(Describe property by common street designation, by metes and bounds, Assessor's code area and parcel number, or by reference to attached map).

You must remove the (describe condition, e.g., weeds and rubbish) within fifteen (15) days from the date of this notice. If you fail to do so, the Jurisdiction) Fire Protection District will remove it, and the cost of the abatement, including administrative costs, will be collected as property taxes and will be a lien on your property until paid.

You are further notified that the Board of Directors has declared that (describe condition, e.g., weeds and rubbish) constitute a public nuisance.

You may appear before the Board of Fire Commissioners on (time and date) at (place- room, street, address, and city) to show cause why this order should not be enforced.

(Signed): (Name of fire code official of name of jurisdiction)

(2)

Hearing date. A date for hearing on the notice will be sent at least fifteen days after the date of the notice. The date of the notice is the date on which the notice is placed in the United States mail or the date on which it is posted on the property. At the hearing, the property owner or the property owner's agent may appear to show cause why the order should not be enforced. For good cause shown, the Board of Fire Commissioners may extend the time for compliance with the order or may rescind the order.

(3)

Contract award. If the owner fails to comply with the order, the Fire Code Official may have the (describe condition, e.g., weeds and rubbish) abated either by employees of this jurisdiction or by contract. If a contract is awarded, it will be by public bid, awarded to the lowest responsible bidder. A contract may include work on more than one parcel. Concerning any contract previously awarded as provided in this subsection and that has been fully extended as provided in that contract, it may thereafter be extended on its same terms and conditions for a further period (not to exceed one year) by agreement of the Board of Directors and the involved contractor.

(4)

Abatement report of costs. The Fire Code Official or the Fire Code Official's designee abating the nuisance will keep an account of the cost of abatement in front of or on each separate parcel of land and will render an itemized report in writing to the Board of Fire Commissioners showing the cost of removing the weeds and rubbish on or in front of each separate lot or parcel of land, or both. Before the report is submitted to the Board of Fire Commissioners, a copy of it will be posted for at least three days on or near the chamber door of the Board with a notice of the time and when the report will be submitted to the Board for confirmation. At the time fixed for receiving and considering the report, the Board of Fire Commissioners

will hear it and any objections of any of the property owners liable to be assessed for the work of abatement. Thereupon, the Board of Fire Commissioners may make such modifications in the report as it deems necessary, after which the report will be confirmed. The amount of the cost, including administrative costs, of abating the nuisance in front of or upon the various parcels of the land mentioned in the report as confirmed will constitute special assessment against the respective parcels of land, and are a lien on the property for the amount of the respective assessments. The lien attaches upon recordation, in the office of the County Recorder, of a certified copy of the Resolution of Confirmation.

(5)

Cost assessments. Upon confirmation of the report of cost by the Board of Fire Commissioners and the recordation of the Resolution of Confirmation, a copy of the report of cost will be sent to the County Auditor, who will enter the amount of the assessments against the parcels. Thereafter the amount of the assessments will be collected at the same time and in the same way as County taxes are collected. The owners are subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection, and enforcement of county taxes are applicable to these assessment taxes.

(6)

Alternate mitigation. In lieu of ordering abatement, the Fire Code Official may order the preparation of firebreaks and fuelbreaks around parcels of property where combustible weeds, crops, or brush are present. In determining the proper width for firebreaks and fuelbreaks, the Fire Code Official will consider the height of the growth, weather condition, topography, and the accessibility to the property for fire protection equipment. The procedures set forth above for the abatement of weeds and rubbish apply to the preparation of firebreaks and fuelbreaks.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. No. 2023-07, § 6, 4-4-23)

Chapter 84-92 - HE-C HOUSING ELEMENT CONSISTENCY DISTRICT Article 84-92.2 - General

This chapter establishes the HE-C zoning district and, in conjunction with Ordinance No. 2024-03, rezones certain parcels to the HE-C district to implement portions of the Housing Element of the Contra Costa County General Plan, in accordance with State Housing Element Law (Gov. Code, § 65580 et seq.). Parcels zoned to an HE-C district and identified in this chapter are those identified on the sites inventory for the County's 6th Cycle Housing Element (2023-2031). This chapter enables residential development of identified parcels at densities identified in and consistent with the County's Housing Element.

(Ord. No. 2024-02, § II, 1-16-24)

All land within an HE-C district may be used for any of the uses specified in this chapter, under the regulations set forth in this chapter.

Article 84-92.4 - Uses

The following uses are allowed in an HE-C district:

(1)

Residential buildings developed at parcel-specific densities listed in Section 84-92.602.

(2)

A use listed in Section 84-50.402 or 84-52.402(1) on parcels designated as mixed-use sites in Section 8492.602, as long as the use is co-located with a residential building developed at that parcel's density listed in Section 84-92.602. For purposes of this subsection, the term "co-located" means two or more uses proposed for development on one or more contiguous parcels that are under common ownership.

(3)

A residential care facility for the elderly, operated by a person with all required state and local agency approvals or licenses, where no more than six persons reside or receive care, not including the licensee or members of the licensee's family or persons employed as facility staff.

(4)

A small family child care home or a large family child care home, as those terms are defined in California Code of Regulations, Title 22, Section 102352(f)(1), that has obtained all required state and local agency approvals and licenses.

(5)

Accessory dwelling units and junior accessory dwelling units in compliance with the provisions of Chapter 82-24.

(6)

Supportive housing, as defined in Section 82-4.324, operated by a person with all required state and local agency approvals and license, where not more than six persons reside.

(7)

Transitional housing, as defined in Section 82-4.326, operated by a person with all required state and local agency approvals and license, where not more than six persons reside.

(Ord. No. 2024-02, § II, 1-16-24)

The following uses may be allowed in an HE-C district upon the issuance of a land use permit:

(1)

Charitable and philanthropic institutions.

(2)

Churches and religious institutions and parochial and private schools.

(3)

Community buildings, clubs, and activities of a quasi-public, social, fraternal or recreational character.

(4)

Publicly-owned buildings, structures, parks, and playgrounds.

(5)

A child care center, as the term is defined in California Code of Regulations, Title 22, Section 101152(c)(7), that has obtained all required state and local agency approvals and licenses.

(6)

Supportive housing, as defined in Section 82-4.324, operated by a person with all required state and local agency approvals and licenses, where seven or more persons reside.

(7)

Transitional housing, as defined in Section 82-4.326, operated by a person with all required state and local agency approvals and licenses, where seven or more persons reside.

(Ord. No. 2024-02, § II, 1-16-24)

Article 84-92.6 - Standards

The following parcels listed in the Housing Element Sites Consistency Table are rezoned to the HE-C district. The following parcel-specific density standards, including whether a mixed use is allowed, apply to parcels within the HE-C district:

Housing Element Sites Consistency Table

(Ord. No. 2024-02, § II, 1-16-24)

A building or structure permitted in an HE-C district shall meet the following development standards. The specific standards that apply to a development type are based on the allowable density range assigned to the underlying parcel in Section 84-92.602.

HE-C DENSITY CATEGORY

(Ord. No. 2024-02, § II, 1-16-24)

Article 84-92.8 - Development Plans

A development is not allowed in an HE-C district until a development plan for it has been submitted to and approved by the County.

(Ord. No. 2024-02, § II, 1-16-24)

All development plan applications shall include drawings drawn to scale indicating the following:

(1)

Topography.

(2)

A boundary survey of the site.

(3)

All existing and proposed structures, the height of each structure, and the number of dwelling units in each structure.

(4)

Planting and landscape area.

(5)

Automobile parking areas.

(6)

Vehicular and pedestrian ways with grades, widths, and type of proposed improvements.

(7)

Access points providing ingress to and egress from the site.

(8)

Existing and proposed utilities.

(9)

Recreation facilities, if any.

(10)

Surface drainage conditions and outlets.

(11)

Building elevations including architectural type.

(12)

Quantity of studio, one-bedroom, two-bedroom, or other size multiple-family building units, if any.

(13)

Additional information as may be required, including a statement explaining how the proposed plan is consistent with and will further the goals and objectives of the General Plan, including but not limited to its Housing Element.

(Ord. No. 2024-02, § II, 1-16-24)

(a)

Except as otherwise provided for in subsection (b), a development plan application will be processed according to this subsection (a).

(1)

Review. The planning agency division with authority to hear the matter will review a development plan application at a public hearing. Hearings will be held in accordance with Article 26-2.22, with notice provided pursuant to Section 26-2.2004.

(2)

Approval. Before approving a development plan application, the planning agency division must find that the proposed development is consistent with the purpose of this district and that it is compatible with other uses in the vicinity, both inside and outside the district.

(3)

Changes. Changes to an approved development plan or its conditions of approval may be approved by the same planning agency division after review, for which the planning agency division may schedule a public hearing.

(4)

Conditions. The planning agency division may impose reasonable conditions and limitations in addition to the requirements listed in this chapter, to carry out the purpose of this district.

(5)

Appeals. The denial or approval of a development plan or change thereto may be appealed pursuant to Article 26-2.24.

(b)

A development plan application for a proposed development that meets all of the following requirements will be approved ministerially without discretionary review or public hearing in accordance with Government Code section 65583.2(h).

(1)

The proposed development is an owner-occupied or rental multi-family residential development.

(2)

Twenty percent or more of the units in the proposed development will be made affordable to lower income households, as defined in Health and Safety Code section 50079.5.

(3)

The proposed development complies with the parcel-specific density listed in Section 84-92.602, and with all development standards in Section 84-92.604.

(Ord. No. 2024-02, § II, 1-16-24)

Article 84-92.10 - Land Use and Variance Permits

Land use permits for the uses enumerated in Section 84-92.404, and variance permits to modify the development standards in Section 84-92.604, may be granted in accordance with this chapter and Article 26-2.20.

(Ord. No. 2024-02, § II, 1-16-24)

Division 86 - AIRPORTS

Chapter 86-2 - AIRPORT ESTABLISHMENT Article 86-2.2. - General

This chapter shall be known and may be cited as the airport land use ordinance of Contra Costa County.

(Ord. 84-56 § 1 (part): prior code § 8200: Ord. 525).

86-2.204 - Purpose.

This chapter is adopted under the Conservation and Planning Act of the State of California and Sections 26027 and 26028 of the Government Code of the State of California, to provide for the establishment of airports and heliports as conforming uses in suitable areas in the unincorporated territory of this county. The board of supervisors deems it necessary to create an airport land use zoning chapter to promote the health, safety and general welfare of the inhabitants of this county by preventing the creation or establishment of airport hazards, thereby protecting the lives and property of the users of public and private airports and heliports and of the occupants of the land in the vicinity of these aviation facilities.

(Ord. 84-56 § 1 (part): prior code § 8201: Ord. 525).

Article 86-2.4. - Definitions

Unless otherwise specifically provided, or required by the context, the terms defined in this article have these meanings for the purposes of this chapter.

(Ord. 84-56 § 1 (part)).

86-2.404 - Airport.

"Airport" means any area of land or water designed and set aside for the landing and taking off of aircraft.

(Ord. 84-56 § 1 (part)).

86-2.406 - Public use airport.

"Public use airport" means a publicly or privately owned airport that allows or offers the use of its facilities by or to the public without prior notice or special invitation or clearance.

(Ord. 84-56 § 1 (part)).

86-2.408 - Private use airport.

"Private use airport" means a privately owned airport not open to the general public.

(Ord. 84-56 § 1 (part)).

86-2.410 - Expansion.

"Expansion" means any construction of a new runway or the extension or realignment of an existing runway, addition of ancillary uses, change from private to public use, or the addition of airplane hangars, tie-downs, or other storage facilities.

(Ord. 84-56 § 1 (part)).

"Aircraft" means any manned contrivance used or designed for navigation of, or flight in, the air including, but not limited to, fixed wing, auto-gyro, ultra-lights, experimental aircraft, blimps and gliders. Manned

lighter-than-air balloons shall not be considered aircraft.

(Ord. 84-56 § 1 (part)).

"Heliport" means any area of land, water or structure, set aside for the landing and taking off of helicopters.

(Ord. 84-56 § 1 (part)).

Article 86-2.6. Planning Commission

When proposed in its territorial area of jurisdiction, the involved county or area planning commission shall:

(1)

Hear and formulate recommendations to the board on applications for approval of construction plans, for the purposes of compliance with Government Code § 21661.5 (regarding approval of construction plans) and applications for approval of land acquisition plans for the purposes of compliance with Government Code §21661.6 (regarding acquisition of unincorporated territory by a public agency for expansion of an existing publicly owned airport).

(2)

Hear and decide all requests for land use permits under this chapter.

(Ord. 84-56 § 1 (part)).

Article 86-2.8. Location

(a)

Notwithstanding the provisions of Division 82, an airport or heliport may be located within any area zoned agricultural (A- ), light industrial (L-I), heavy industrial (H-I), water-recreational (F-1), planned unit development (P-1), unrestricted (U), or controlled manufacturing (C-M).

(b)

The board finds that areas not zoned as specified in this section are not suitable for airports, heliports or aviation facilities.

(Ord. 84-56 § 1 (part): prior code § 8203: Ord. 525).

County-owned or city-owned airports and heliports are exempt from the permit requirements of this chapter. Heliports operated by public agencies for the maintenance and protection of the general health,

safety and welfare of the residents of Contra Costa County are exempt from the permit and location requirements of this chapter.

(Ord. 84-56 § 1 (part)).

Article 86-2.10. Permits

No person shall establish, maintain or expand an airport or heliport in this county without first obtaining a land use permit. Except as provided in this chapter, no airport or heliport use is lawful until a land use permit for it has been approved by the planning commission.

(Ord. 84-56 § 1 (part)).

Applications may be made for this chapter's land use permits where the involved land and premises are covered by the regulations of Divisions 82 and 84 and located in the A- , L-1, H-1, F-1, P-1, U or C-M zoning districts.

(Ord. 84-5 6 § 1 (part)).

All applications for permit approval shall include the following:

(1)

Scale drawings and plans showing:

(A)

Airport or heliport layout plans indicating proposed runways, taxiways, aircraft tie-down areas, hangars, and other proposed buildings and improvements,

(B)

The boundary of the site, existing topography, grading proposed to accommodate airport construction and improvements, and the distance to nearby structures and utility lines;

(2)

A vicinity map showing the airport or heliport location on a USGS quadrangle map and any other airport locations within three miles;

(3)

A written description of the length of runways, the number and type of aircraft to be based at the airport or heliport, hours of operation, any proposed lighting, and whether the airport is proposed for public use or private use.

(Ord. 84-56 § 1 (part)).

Pursuant to this chapter, the involved planning commission shall review land use permit applications for approval, modification or denial in public hearing pursuant to and otherwise regulated by the land use permit provisions of Chapters 26-2 and 82-6.

(Ord. 84-56 § 1 (part)).

Chapter 86-4 - AIRPORT ZONING

This chapter shall be known and may be cited as the Buchanan Field airport zoning ordinance of Contra Costa County.

(Ord. 84-56 § 2: prior code § 8210: Ord. 976).

Under the authority conferred by the Conservation and Planning Act of the state of California and in conformity with regulations and standards of the Civil Aeronautics Administration of the United States Department of Commerce, the board of supervisors deems it necessary to create an Airport zoning chapter to promote the health, safety and general welfare of the inhabitants of this county by preventing the creation or establishment of airport hazards, thereby protecting the lives and property of the users of the Contra Costa County Airport (Buchanan Field) and of the occupants of the land in its vicinity, and preventing destruction or impairment of the utility of the airport and the public investment in it, in accordance with and as a part of the comprehensive master plan of airports of this county.

(Prior code § 8211: Ord. 976).

As used in this chapter, unless the context otherwise requires, the following words and phrases shall have the meanings given in this section:

(1)

"Airport" means the Contra Costa County Airport, Buchanan Field.

(2)

"Airport hazard" means any structure, tree, or use of land which obstructs the airspace required for the flight of aircraft in landing or taking off at the airport or which is otherwise hazardous to the landing or takeoff of aircraft.

(3)

"Landing area" means the area of the airport used for the landing, take-off, or taxiing of aircraft.

(4)

"Noncommercial" use means any structure, tree, or use of land which does not conform to a regulation prescribed in this chapter, as of the effective date of the regulation.

(5)

"Person" means any individual, firm, copartnership, corporation, company, association, joint stock association, or body politic and includes any trustee, receiver, assignee, or other similar representative thereof.

(6)

"Structure" means any object constructed or installed by man, including, but not limited to, buildings, towers, smokestacks, and overhead transmission lines.

(7)

"Tree" means any object of natural growth.

(Prior code § 8212: Ord. 976).

The provisions of this chapter shall apply only in areas within the airport approach zones, turning zones, and transition zones within the unincorporated limits of the county.

(Prior code § 8223: Ord. 976).

In the event of conflict between this chapter and any other regulations applicable to the same area or parcel of land, whether the conflict be with respect to the height of structures or trees, the use of land, or any other matter and whether the other regulations were adopted by the county or by some other public agency, the more stringent limitations or requirements shall govern.

(Prior code § 8224: Ord. 976).

In order to carry out the purposes of this chapter, all of the land outside the boundaries of the Contra Costa County Airport (Buchanan Field) and within approximately two miles of the landing area of the airport is divided into airport approach zones, airport turning zones, airport transition zones, and airport clear zones, the boundaries of which are shown on the "Airport Zoning Plan for Buchanan Field, Contra Costa County, California," adopted under Title 7 of the Government Code and the "Airport Approaches Zoning Law" of the state of California.

A map entitled "The Airport Zoning Plan for Buchanan Field, Contra Costa County, California," is referred to, and included herein to the same effect as though it were at this place set forth, and is made a part of this chapter.

(Prior code § 8213: Ord. 976).

• The map adopted by reference in this section was adopted and published in the regular manner, but is not printed with this code. A copy of this map is available for public inspection in the county planning department.

Except as otherwise provided in this chapter, no structure or tree shall be erected, altered, allowed to grow, or maintained in any airport approach zone, airport turning zone, or airport transition zone to a height greater than the height limit established in this section for that zone. For the purpose of this regulation, the following height limits are established for each zone:

(1)

Approach Zones Nos. one, two, three, and four shall have a maximum height limit of twenty feet at a distance of one thousand feet from the end of the runway. The maximum allowable height shall be increased in step-ups of five feet each for every two hundred foot segment added to the one thousand foot distance from the end of the runway, to a maximum height of one hundred fifty feet.

(2)

Approach Zones Nos. five and six shall have a maximum height limit of twenty feet at a distance of six hundred feet from the end of the runway. The maximum allowable height shall be increased in step-ups of five feet each for every hundred foot segment added to the six hundred foot distance from the end of the runway, to a maximum height of one hundred fifty feet.

(3)

All turning zones shall have a maximum height limit of one hundred fifty feet, except that portion of the turning zone marked on the Airport Zoning Plan for Buchanan Field, Contra Costa County, California, as "not included in turning zone."

(4)

All transition zone areas shall have the maximum height limit indicated on the airport zoning plan for Buchanan Field, Contra Costa County, California.

(Prior code § 8214: Ord. 976).

Notwithstanding any other provisions of this chapter, no use shall be made of land within any airport approach zone, airport turning zone, or airport transition zone in a manner to:

(1)

Create electrical interference with radio communication between the airport and aircraft;

(2)

Make it difficult for flyers to distinguish between airport lights and other lights;

(3)

Result in glare in the eyes of the flyers using the airport;

(4)

Impair visibility in the vicinity of the airport;

(5)

Otherwise endanger the landing, take-off, or maneuvering of aircraft.

(Prior code § 8215: Ord. 976).

The regulations prescribed in Sections 86-4.014 and 86-4.016 shall not be construed to require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations as of February 9, 1956, or otherwise interfere with the continuance of any nonconforming use. Nothing contained in this chapter shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun before February 9, 1956, and is diligently prosecuted and completed within two years.

Before any nonconforming structure or tree may be replaced, substantially altered or repaired, rebuilt, allowed to grow higher, or replanted, a permit must be secured from the board of adjustment authorizing the replacement, change, or repair. No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming structure or tree or nonconforming use to be made or become higher or become a greater hazard to air navigation than it was on February 9, 1956, or than it was when the application for permit is made. Except as provided in this section, all applications for permits shall be granted. No permit shall be required to make maintenance repairs to or to replace parts of existing structures which do not enlarge or increase the height of the existing structure.

(Prior code § 8216: Ord. 976).

Any person desiring to erect any structure, increase the height of any structure, permit the growth of any tree, or otherwise use the person's property otherwise than is required in this chapter may apply to the board of adjustment for a variance from the regulation. The variance shall be allowed where a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but do substantial justice and be in accordance with the spirit of the regulations and this chapter. Any variance may be subjected to reasonable conditions that the administrative agency may deem necessary to effectuate the purpose of this chapter.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Prior code § 8217: Ord. 976).

Any variance granted under Sections 86-4.018 or 86-4.020, if the action is deemed advisable to effectuate the purpose of this chapter and reasonable in the circumstances, may be conditioned to require the owner of a structure or tree to permit the county, at its own expense, to install, operate, and maintain thereon the markers and lights necessary to indicate to flyers the presence of an airport hazard.

(Prior code § 8219: Ord. 976).

In addition to the powers delegated in Section 86-4.020, the planning commission shall have the following specific powers:

To make changes in the restrictions and boundaries of the zones established in this chapter, in accordance with the procedure prescribed for amendments and reclassification in Title 7 of the Government Code of the state of California.

(Prior code § 8218: Ord. 976).

The building inspector shall administer and enforce this chapter. The duties of the building inspector shall include that of reviewing all applications for building permits within the approach zones, turning zones, and transition zones of the Contra Costa County Airport (Buchanan Field), but the building inspector shall not have or exercise any of the powers or duties delegated to the planning commission.

(Prior code § 8220: Ord. 976).

If any person erects, constructs, moves, alters, or attempts to erect, construct, move, or alter any structure or allows any tree to grow to a height in violation of this chapter, the condition is declared a public nuisance. The district attorney, when ordered by the board of supervisors, shall bring and prosecute an action in any court of competent jurisdiction to enjoin that person from continuing the erection, construction, moving, alteration, or growth, or if the erection, construction, moving, alteration, or growth is being or has been accomplished, the district attorney, when ordered by the board of supervisors, shall bring action to enjoin that person from maintaining the nuisance.

(Prior code § 8221: Ord. 976).

Division 88 - SPECIAL LAND USES Chapter 88-2 - CEMETERIES

Article 88-2.2. Permits

No person shall dedicate, establish or maintain any cemetery, as defined in Section 82-4.218, or extend the boundaries of any existing cemetery at any place within the unincorporated territory of the county without

first obtaining a permit as specified in this chapter.

(Ord. 1513: prior code § 8315).

88-2.204 - Permit—Granted to existing cemeteries.

(a)

Cemeteries: Any premises which on March 18, 1961, are dedicated and established as a cemetery are granted a permit for the purposes of Sections 88-2.202 and 88-2.204.

(b)

Other Authorized Uses: Any premises which on March 18, 1961, are dedicated and established as a cemetery and on which any building or structure has been erected for the uses specified in Section 882.604 are granted a permit for such building and structures for the uses established on that date.

(Ord. 1513: prior code § 8316).

An application may be made and a land use permit may be granted for the establishment of a cemetery in land use districts established by Division 84, except that no application shall be accepted or permit granted for premises located in A-O, N-B, R-B, C, C-M, L-I, and H-I districts.

(Ord. 1513: prior code § 8319).

No permit shall be assignable before the actual establishment of the cemetery or extension of an existing cemetery, nor shall the permit be used by any person other than the applicant or applicants in the establishment of a cemetery or extension of an existing cemetery.

(Ord. 1513: prior code § 8323).

Article 88-2.4. Applications

(a)

Any person desiring to obtain issuance of a permit required by this chapter shall file a written application with the planning commission, which shall administer this chapter.

(b)

The president and the secretary of the corporation which will operate the proposed cemetery and the owner or owners of the land to be included in the cemetery shall sign and verify the written application for a permit. The application, in addition to any other matter required by the planning commission, shall set forth in separate paragraphs or in attached exhibits the following information:

(1)

The names and addresses of all persons owning any part of the property proposed to be used as a cemetery;

(2)

The names and addresses of the officers and directors of the corporation which will operate the cemetery;

(3)

A map showing the exact location, exterior boundaries, and legal description of the property proposed to be used as a cemetery; the location and names of all public roads located within one-half mile from the property; the elevation in feet above sea level of the highest and lowest points on the property;

(4)

A financial statement of applicant showing the financial ability of applicant to establish, care for, and maintain the proposed cemetery in a manner to prevent it from being or becoming a public nuisance;

(5)

A statement setting forth whether the cemetery is to be established as an endowment-care or nonendowment-care cemetery and, if an endowment-care fund is to be or has been created, the amount then on hand and the method, scheme, or plan of continuing and adding to the fund in details sufficient to show that the cemetery will be maintained so as not to become a public nuisance.

(c)

If the application is only submitted for authorization of permitted uses under Section 88-2.604, information required by subdivisions (4) and (5) need not be submitted.

(d)

In addition to the notice required by applicable county ordinances governing the procedure for the granting of permits required by this chapter, at least ten days' notice by mail of any hearing on the application shall be given to the Secretary of the State Cemetery Board of California.

(Ord. 1513: prior code § 8320).

(a)

In granting any permit, the board of adjustment, or, on appeal, the board of supervisors shall review the location, design, and layout of the proposed cemetery and may condition the permit on requirements as to design, location, layout screening, and design of entrances and exits as the board of adjustment or the board of supervisors finds reasonably necessary to protect the health, safety, and welfare of the people of the county and to protect property values and the orderly and economic development of land in the neighborhood.

(b)

A permit shall be denied if the board of adjustment or, on appeal, the board of supervisors finds that:

(1)

The establishment or maintenance of the proposed cemetery or the extension of an existing cemetery will or may jeopardize or adversely affect the public health, safety, comfort, or welfare; or

(2)

The establishment, maintenance, or extension will or may reasonably be expected to be a public nuisance; or

(3)

The establishment, maintenance, or extension will tend to interfere with the free movement of traffic or with the proper protection of the public through interference with the movement of police, ambulance, or fire equipment and thus interfere with the convenience of the public or the protection of the lives and the property of the public; or

(4)

The applicant, through the proposed endowment fund or otherwise, cannot demonstrate adequate financial ability to establish or maintain the proposed cemetery so as to prevent the proposed cemetery from becoming a public nuisance; or

(5)

The proposed cemetery is not consistent with the general plan of the county or the orderly development and growth of the county.

(c)

Before taking final action, the board of adjustment or, on appeal, the board of supervisors may require of the applicant or applicants any reasonable dedication of public streets or highways through the premises proposed to be used for the cemetery or extension of an existing cemetery, so as to prevent the cemetery from jeopardizing the public safety, comfort, or welfare. If the time required by the board of adjustment or board of supervisors for compliance with these conditions elapses before these conditions are met, the board of adjustment or board of supervisors may deny the permit.

(Ord. 1513: prior code § 8321).

If the board of adjustment or the board of supervisors denies its approval of any application heretofore or hereafter made for any permit required by this chapter, no new or further application for a permit shall be made on the same property or any part of it, as described in the previous application, until one year after the date of the denial or approval.

(Ord. 1513: prior code § 8322).

Article 88-2.6. Uses

The following uses of the premises are authorized as incidental uses in connection with the operation and maintenance of a cemetery:

(1)

An office building for administration of cemetery affairs;

(2)

Maintenance sheds or buildings for storage of equipment and supplies used in connection with the maintenance and operation of the cemetery grounds;

(3)

Greenhouse for the propagation of plants used in connection with maintenance of the cemetery grounds;

(4)

Caretaker's residence.

(Ord. 1513: prior code § 8317).

In addition to the uses included within the definition of "cemetery" contained in Section 82-4.218, land use permits may be granted, at the time of initial application or by subsequent application, pursuant to the provisions of Sections 26-2.1602 and 26-2.208 for the following uses:

(1)

Crematory of calcinatory;

(2)

Mortuary;

(3)

Sale of markers;

(4)

Sale of caskets;

(5)

Sale of flowers or decorations;

(6)

Manufacture and sale of liners and/or vaults.

(Ord. 1513: prior code § 8318).

Chapter 88-3 - WIND ENERGY CONVERSION SYSTEMS

Article 88-3.2. General

This chapter shall be known and may be cited as the wind energy conversion system (or WECS) ordinance of Contra Costa County.

(Ord. 85-39 § 4).

88-3.204 - Purpose.

This chapter is adopted pursuant to the planning and zoning law to promote the effective and efficient use of wind energy conversion systems (WECS), regulate the placement of, and promote safeguards for, WECS so that the public health, safety, and welfare of the citizens of Contra Costa County will be insured.

(Ord. 85-39 § 4).

For purposes of this chapter, the following words and phrases have the following meanings:

(a)

"Commercial WECS" means a WECS constructed for the purpose of generating electricity for sale to a public or private utility or to an offsite consumer.

(b)

"Exterior project boundary" means all property lines that define the boundaries of a parcel upon which at least one commercial WECS is constructed. If a commercial WECS project involves two or more contiguous parcels, then "exterior project boundary" means the property lines that define the outside edge of the entire conglomeration of parcels.

(c)

"Machine height" means the vertical distance measured from grade at the base of a WECS to the highest vertical extension of the WECS, including the uppermost extension of any blades. The below-grade portion of the foundation is excluded when measuring machine height.

(d)

"Residential WECS" means a WECS that is used only as an accessory to an allowable residential or agricultural use and has a rated capacity of not more than fifty kilowatts.

(e)

"Tower height" means the vertical distance measured from grade at the base of a WECS to the top of the fixed portion of the WECS, excluding the wind turbine. The below-grade portion of the foundation is excluded when measuring tower height.

(f)

"Wind energy conversion system" and "WECS" mean a machine, such as a wind turbine or windmill, that converts kinetic energy in wind into a usable form of mechanical or electrical energy. "WECS" includes all parts of the conversion system and the tower upon which the system is installed, but does not include power transmission equipment.

(Ord. No. 2011-04, § II, 4-5-11; Ord. 85-39 § 4, prior code §82-4.281).

Article 88-3.4. Permits

A person may not establish, maintain, or expand a commercial WECS without first obtaining a land use permit as specified in this chapter, Title 8, and Chapter 26-2.

(Ord. No. 2011-04, § III, 4-5-11; Ord. 85-39 § 4).

(a)

A land use permit is not required to establish, maintain, or expand a residential WECS.

(b)

A person may not establish, maintain, or expand a residential WECS without first obtaining a building permit as specified in Title 7.

(c)

A residential WECS must comply with all rotor safety, tower access, electromagnetic interference, noise, and color standards specified in this chapter, and must comply with the additional residential WECS standards specified in section 88-3.622.

(Ord. No. 2011-04, § IV, 4-5-11; Ord. 85-39 § 4).

An application may be submitted and a land use permit may be granted for the establishment, maintenance, or expansion of a WECS only in agricultural land use districts established by Division 84 (A- ).

(Ord. 85-39 § 4).

(a)

Any person desiring to obtain issuance of a permit required by this chapter shall file a written application with the community development department, which shall administer this chapter.

(b)

The owner of a business, the general partner of a partnership, or the president and secretary of a corporation applying for such a permit and all owners of the land upon which the WECS is or will be located shall sign and verify the application.

(Ord. 85-39 § 4).

The application shall comply with the provisions of Article 26-2.20 and Chapter 82-6.

(Ord. 85-39 § 4).

88-3.412 - Permit—Information requirements.

The application shall be accompanied by the following:

(a)

A site plan including the following in- formation:

(1)

Existing topography, trees, and drainage channels,

(2)

Direction of prevailing winds across the project site,

(3)

Location, height, and dimensions of all existing and proposed structures and fencing,

(4)

Location and height above ground of all proposed WECS and aboveground utility lines,

(5)

Location, grades, and dimensions of all temporary and permanent on-site roads,

(6)

Preliminary grading for all roadways, structures, WECS sites, and other site work,

(7)

Distance to all residences, public and private airports and airstrips, schools and any other uses, as determined by the community development director within one mile of all exterior project boundaries;

(b)

A scale profile drawing of the subject site and proposed WECS as seen from the nearest public road and the nearest scenic route;

(c)

A projection of the annual production (kwh) of the total WECS project at full buildout;

(d)

A regrading and revegetation program for temporary roadways no longer needed after project construction:

(e)

A preliminary erosion, drainage, and sediment collection and control plan;

(f)

A reclamation plan consistent with Article 88-3.8;

(g)

The proposed construction access route from the nearest highway;

(h)

A statement by a professional engineer registered in California certifying that the rotor and overspeed controls have been designed and fabricated for the proposed use in accordance with good engineering practice.

(Ord. 85-39 § 4).

88-3.414 - Permit—Cash deposit required.

(a)

In granting any permit required by this chapter, the zoning administrator shall condition the permit on the permittee making a cash deposit of three thousand dollars. Said deposit shall be used in the investigation and evaluation of any apparently valid complaint of excess noise or a permit violation.

(b)

Upon such use of the deposit, the permittee shall restore the balance of the deposit to three thousand dollars.

(c)

In the course of reviewing the permit on the fifth anniversary of its issuance, as provided by Section 883.420, the zoning administrator may delete this condition and refund the deposit, without interest, to the permittee or its successor in interest, if, in the zoning administrator's discretion, the record warrants such action.

(d)

If the zoning administrator refunds said deposit, permittee shall promptly reimburse the county for any cost subsequently incurred by it for any investigation or evaluation of similar complaints.

(Ord. 85-39 § 4).

(a)

Where a WECS can be reached only by a county maintained road, in granting a permit required by this chapter the zoning administrator may condition the permit upon the furnishing of a cash deposit to cover the estimated cost of repair of roadway damage resulting from work performed pursuant to the permit.

(b)

The director of public works shall determine the amount of the deposit, based on such estimated cost.

(c)

The director of public works shall compare pre- and post-work inspections of road conditions and shall determine the needed repairs. The permittee shall be responsible for all costs incurred by the county in performing such repairs.

(d)

Upon determination of the actual repair cost, including engineering costs, the county shall refund to the permittee any unused portion of the deposit, or the permittee shall pay the difference between the actual cost and its deposit, as the case may be.

(Ord. 85-39 § 4).

The zoning administrator, or the division of the planning agency hearing the matter on appeal, shall find the following before granting the permit:

(a)

Findings required by Section 26-2.2008 of this code;

(b)

That the WECS use will not adversely affect the orderly conduct of existing or planned land uses in the vicinity;

(c)

That the reclamation plan and associated guarantees and performance security are sufficient to enable the WECS and subject property to meet the intent and purpose of this chapter and be utilized for the intended long-term use shown in the applicable general plan.

(Ord. 85-39 § 4).