Del Norte County Zoning Code

20 Zoning 20.00 Accessory Dwelling Unit (ADU), Junior Accessory Dwelling Unit (JADU), And Residential Second Unit Regulations

20.02 Enabling Plan

20.04 Definitions

20.06 Districts

20.08 Regulations For PO Public Ownership Districts

20.09 Regulations For "AF" Agriculture Forestry Districts

20.10 Regulations For "AE" Agriculture Districts

20.11 A District - Agriculture

20.12 Regulations For "RR-2" Rural Residential District

20.12A RR-3 Rural Residential District

20.13 R-1A District - Residential And Agricultural

20.14 R-2A District - Residential And Agricultural

• 20.15 RR 5 Rural Residential District

20.16 R-1 District - One Family Residence

20.17 Regulations For RR-1 Rural Residential Districts

20.18 R-2 District - Low Density Multiple Family Residence

20.20 R-3 District - High Density Multiple Family Residence 20.20A MHP Mobilehome Park District 20.20B RMHP Rural Mobilehome Park District

20.23 C-R District - Commercial Recreational

20.24 C-1 District - Neighborhood Commercial

20.26 C-2 District - Light Commercial

20.28 C-3 District - Central Business

20.29 C-4 District - General Commercial - 20.30 M District Manufacturing And Industrial 20.31 Regulations For "MP" Manufacturing And Industrial Performance Districts

20.32 P-C District - Planned Community

20.34 FR-2 Forest-Recreation Districts

20.35 FR-1 District - Forest And Recreation - 20.36 CBCD District Cannabis Business Combining District 20.37 Manufactured Housing (MFH) Combining District

20.38 FP-1 District - Flood Zone Area Properties 20.39 NH - Natural Hazard Area District

20.40 FP-2 District - Flood Overflow Area Properties

20.42 FP-3 District - Protected Areas Within Flood Zones

20.43 TPZ - Timberland Preserve Zone

• 20.44 B District Combining - 20.45 D District Combining - 20.46 Off Street Parking 20.47 Flood Damage Prevention 20.48 General Provisions - 20.49 ES District Emergency Shelter Combining District

20.50 Nonconforming Uses

20.52 Amendments

20.54 Variances

20.56 Use Permits

20.58 Appeals

20.60 Enforcement

20.65 Density Bonus Law

20.66 Reasonable Accommodation

20.67 Commercial Cannabis Regulation

20.68 Multi-Unit Objective Design And Development Standards

20.00 Accessory Dwelling Unit (ADU), Junior Accessory Dwelling Unit (JADU), And Residential Second Unit Regulations

20.00.10 Accessory Dwelling Unit (ADU) Regulations

20.00.20 Junior Accessory Dwelling Unit (JADU) Regulations

• 20.00.30 Second Single Family Unit Regulations

A. Purpose. The purpose of this Section is to establish standards, in compliance with California Government Code Section 65852.2, for the development of accessory dwelling units.

B. Intent. The provisions of this Section are intended to implement the provisions of the General Plan Housing Element that encourage the development of housing types for all economic segments of the community and to minimize governmental constraints on residential development. Furthermore, these provisions are intended to increase the supply of smaller and affordable housing while ensuring such housing remains compatible with the existing neighborhood.

C. Applicability. Except as otherwise provided by this Chapter or County Code, accessory dwelling units shall be allowed by-right (ministerially permitted) in any zone which allows for residential uses. This includes mixed-use zoning districts which allow residential and nonresidential land uses.

D. General Requirements. An accessory dwelling unit:

1. Is a use that is accessory to an existing or proposed primary dwelling; 2. Shall be located on a parcel zoned to allow single-unit or multi-unit residential uses either by-right or with discretionary approval and that contains an existing or proposed primary dwelling; 3. Is not subject to the density requirements of the General Plan, but shall otherwise be consistent with the General Plan text and land use diagrams: 4. Shall not be sold or otherwise conveyed separately from the primary dwelling, except as otherwise provided in Government Code Section 65852.26; and 5. Shall not be rented for a term of less than 30 days. The primary dwelling may be rented for a term of less than 30 days.

E. Permit Requirements and Processing Procedures. An application for an accessory dwelling unit that complies with all applicable requirements of this Section and California Government Code Section 65852.2 shall be approved ministerially through the Building Permit process. A Building

Permit application for an accessory dwelling unit on a parcel with an existing or proposed single-unit or multi-unit dwelling shall be acted upon within 60 days of the Building Permit application being complete. The Building Permit applicant may request a delay in the County's processing of the Building Permit, which shall result in the tolling of the 60-day time period.

F. Planned Community District. Accessory dwelling units located in the P-C (Planned Community District) shall comply with the requirements of this Section.

G. Specific Plans. Accessory dwelling units located in areas governed by an adopted specific plan shall comply with the requirements of this Section.

H. Separate Access Required. An accessory dwelling unit shall have exterior access that is separate from the exterior access for the primary dwelling. A passageway that provides access to the accessory dwelling unit from a street is not required.

I. Fire Sprinklers. Fire sprinklers shall be required if required for the primary residence.

J. Accessory Dwelling Unit and Junior Accessory Dwelling Unit. Two accessory dwelling units, one as described in Government Code Section 65852.2(e)(1 )(A) and one as described in Government Code Section 65852.2(e)(1)(B), and one junior accessory dwelling unit, as described in Government Code Section 65852.2(e)(1)(A), are allowed per parcel with an existing or proposed single-unit dwelling, when in compliance with the requirements of this County Code.

K. Illegal Units. This Section shall not validate any existing illegal accessory dwelling unit. The standards and requirements for the conversion of an illegal accessory unit to a legal conforming unit shall be the same as for a new accessory dwelling unit.

L. Development Standards. A Building Permit for an accessory dwelling unit shall be issued only when the accessory dwelling unit complies with all the following development standards:

1. Number. Accessory dwelling units shall comply with the following: a. Two accessory dwelling units, one as described in Government Code Section 65852.2(e)(1)(A) and one as described in Government Code Section 65852.2(e)(1)(B), and one junior accessory dwelling unit, as described in Government Code Section 65852.2(e)(1)(A), on a parcel with an existing or proposed single-unit dwelling. b. No more than two detached accessory dwelling units on a parcel with an existing or proposed multi-unit dwelling. c. Within an existing multi-unit dwelling structure, multiple accessory dwelling units shall be allowed in areas that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages. The number of accessory dwelling units allowed is limited to a maximum of 25-percent of the number of multi-unit dwellings within the structure. In no case shall fewer than one accessory dwelling unit be allowed. 2. Location. An accessory dwelling unit shall be allowed in the following locations: a. Within an existing or proposed primary dwelling, including attached garages, storage areas, or similar attached areas; b. An existing or proposed detached accessory structure; or

c. Above a garage that is attached to or detached from the primary dwelling; d. When located within an existing accessory structure, the accessory structure shall comply with the following:

(1) Only be enlarged to provide ingress and egress and, in no case, shall the expansion exceed 150 square feet; (2) Provide exterior access; and (3) Provide side and rear setbacks for fire and safety in compliance with the California Building Code. 3. Setbacks. An accessory dwelling unit shall comply with the following setback requirements: a. Attached Unit. An attached accessory dwelling unit shall be subject to the same front setback requirement applicable to the primary dwelling, unless it precludes development of an accessory dwelling unit that is at least 800 square feet, at least 16 feet in height, with four-foot side and rear yard setbacks, and complies with all other development standards of this Section. In addition to the safety triangle standards established in Section 12.08.10, the interior side, street side, and rear setbacks shall be a minimum of four feet. No rear, street side, or interior side setback is required for an accessory dwelling unit that is located fully within an existing single-unit dwelling, provided a separate exterior access is provided for the accessory dwelling unit. b. Conversion of Existing Living Space or Existing Accessory Building. An accessory dwelling unit or portion of an accessory dwelling unit located within the existing space of an existing dwelling or within an existing detached accessory structure shall not require a setback from the rear, street side, or interior side property lines. c. Existing Detached Private Garage. No setback shall be required for an existing garage that is converted to an accessory dwelling unit, except as required for fire and safety. A setback of four feet from the interior side, street side, and rear property lines is required for an accessory dwelling unit constructed above an existing garage.

the rear, street side, or interior side property lines. c. Existing Detached Private Garage. No setback shall be required for an existing garage that is converted to an accessory dwelling unit, except as required for fire and safety. A setback of four feet from the interior side, street side, and rear property lines is required for an accessory dwelling unit constructed above an existing garage.

d. Replacement of Existing Structures. For an accessory dwelling unit constructed in the same location and to the same dimensions as an existing structure, setbacks of four feet from the interior side, street side, and rear property lines shall be provided. e. New Detached Unit. A new detached accessory dwelling unit shall comply with the front setback of the underlying zoning district, unless it precludes development of an accessory dwelling unit that is at least 800 square feet, at least 16 feet in height with four-foot side and rear yard setbacks and complies with all other development standards of this Section. A detached accessory dwelling unit shall be located a minimum of four feet from the interior side, street side, and rear property lines. 4. Distance Between Structures. A detached accessory dwelling shall maintain a minimum of five feet of separation between the primary dwelling and other accessory structures on the site or the minimum distance required by the Building Code, whichever is greater. 5. Maximum Floor Area. Accessory dwelling units shall comply with the following floor area standards: a. An accessory dwelling unit shall not exceed 1,200 square feet in floor area. b. The floor area of an ADU or JADU is measured from the exterior walls at the building envelope, excluding any garage area or unenclosed covered porch areas. For the purposes of measurement all attached and/or interior storage areas, mezzanines, lofts, attics (except those less than seven feet in height accessed by a crawlspace and/or other code compliant access), and similar uses shall be counted in the total square footage. 6. Height Limit. Accessory dwelling units are limited to a maximum height of 16 feet, except as established below: a. If a detached accessory dwelling is located within a half-mile of a major transit stop or high-quality transit corridor, as defined in Chapter 20.04 (Definitions), the unit is limited to a maximum height of 18 feet, and may be up to two feet taller, for a maximum of 20 feet, if necessary to match the roof pitch of the primary dwelling unit. b. If a detached accessory dwelling is located on a parcel with a multistory, multi unit

dwelling structure, the unit is limited to a maximum height of 18 feet. c. An accessory dwelling located above a detached garage is limited to a maximum height of 25 feet.

d. An accessory dwelling attached to the primary dwelling is limited to the height allowed in the underlying zoning district.

7. Lot Coverage. An accessory dwelling unit shall comply with the lot coverage requirements of the applicable zoning district, except that in the case where the allowable site coverage would preclude an accessory dwelling unit, one attached or detached accessory dwelling unit with a maximum size of 800 square feet, regardless of the number of bedrooms, shall be allowed and shall comply with the requirements of this Section. 8. Privacy. For an accessory dwelling unit located outside of the required setbacks for the primary dwelling and which faces an adjoining property, at least one of the following measures shall be used to provide privacy: a. All windows located outside of the required setback of the primary dwelling and which fronts an adjoining property shall be clerestory (minimum of five feet, six inches above the finished floor);

b. All windows located outside of the required setback of the primary dwelling and which fronts an adjoining property shall have permanently obscured glazing; or c. At least 18 inches of lattice that is 50 percent open shall be added to a solid six foot fence located on the shared property line. 9. Parking. One off-street, all-weather parking space is required for an accessory dwelling unit in addition to that required for the primary dwelling, except as established below. a. No offstreet parking shall be required if any of the following circumstances exist: (1) The accessory dwelling is located within one-half mile of public transit. (2) The accessory dwelling unit is located on a property which is recognized as historically significant. (3) The accessory dwelling unit is part of the existing primary residence or an existing accessory structure. (4) When onstreet parking permits are required but not offered to the occupant of the accessory dwelling unit. (5) Where there is a car share vehicle located within one block of the accessory dwelling unit. (6) When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this paragraph. b. The required off-street parking space may be covered or uncovered and shall be allowed in tandem and in setback areas, unless the review authority makes specific findings that such parking is not feasible due to specific site topographical or fire and life safety conditions. c. If a garage, carport, or covered parking is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, replacement parking is not required.

• • (Ord. 2023 006 (part), 2023; Ord. 95 03 (part), 1995)

A. Purpose. The provisions of this Section are intended to set standards, in compliance with Government Code Section 65852.22, for the development of junior accessory dwelling units to increase the supply of smaller and affordable housing while ensuring that they remain compatible with the existing neighborhood. The provisions of this Chapter also are intended to implement the provisions of the General Plan Housing Element that encourage the development of housing types

n compliance with Government Code Section 65852.22, for the development of junior accessory dwelling units to increase the supply of smaller and affordable housing while ensuring that they remain compatible with the existing neighborhood. The provisions of this Chapter also are intended to implement the provisions of the General Plan Housing Element that encourage the development of housing types

for all economic segments of the community and to minimize governmental constraints on residential development. B. Applicability. Unless otherwise provided by this Chapter of California Government Code, junior accessory dwelling units shall be allowed by-right (ministerially permitted) in all zoning districts which allow single-unit dwelling. C. Density. As provided by Government Code Section 65852.22 (d) and (e), junior accessory dwelling units are not considered new or separate dwelling units and, therefore, are exempt from the density limitations of the General Plan. D. General Requirements. A junior accessory dwelling unit: 1 . Shall only be allowed on parcels zoned for primary single-unit dwellings and that include an existing or proposed single-unit dwelling. 2. Is not subject to the density requirements of the General Plan but shall otherwise be consistent with the General Plan text and land use diagrams. 3. Requires property owner occupancy of the junior accessory dwelling unit or the remaining portion of the single-unit dwelling or an accessory dwelling unit located on the same parcel. E. Permitting Time Limits. An application for a junior accessory dwelling unit that complies with all applicable requirements of this Chapter shall be approved ministerially through the Building Permit process. A Building Permit application for a junior accessory dwelling unit on a parcel with an existing single-unit dwelling shall be acted upon within 60 days of the Building Permit application being complete. The Building Permit applicant may request a delay in the County's processing of the Building Permit, which shall result in the tolling of the 60-day period. F. Development Standards. A Building Permit for a junior accessory dwelling unit shall be issued only if the unit complies with the following development standards: 1. Maximum Floor Area. A junior accessory dwelling unit shall not exceed 500 square feet in area. 2. Location. A junior accessory dwelling unit shall be contained entirely within the walls of an existing or proposed primary single-unit dwelling. 3. Number Per Parcel. A maximum of one junior accessory dwelling unit shall be allowed on any parcel which contains a primary single-unit dwelling. 4. Kitchen. The junior accessory dwelling unit shall contain an efficiency kitchen. The efficiency kitchen shall be removed when the junior accessory dwelling unit use ceases. 5. Sanitation. A junior accessory dwelling unit may include a full bathroom, or the occupants of the junior accessory dwelling unit may share the bathroom facilities within the remainder of the single-unit dwelling. If the bathroom facility is shared, an interior entry into the main living area of the single-unit dwelling shall be provided. 6. Entrance. The junior accessory dwelling unit shall include an exterior entrance separate from the main entrance to the existing or proposed single-family dwelling. If a bathroom facility is not shared with the single-unit dwelling, the junior accessory dwelling may, but is not required to, include an interior entry into the main living area, which may include a second interior doorway for sound attenuation. 7. Parking. Off-street parking shall not be required for a junior accessory dwelling unit. G. Deed Restriction. Prior to occupancy of a junior accessory dwelling unit, the property owner shall record a deed restriction with the Del Norte County Recorder a deed restriction, which has been approved by the County as to its form and content, containing a reference to the deed under which the property was acquired by the owner and stating that: 1. The junior accessory dwelling unit shall not be sold separately from the single-unit dwelling;

accessory dwelling unit, the property owner shall record a deed restriction with the Del Norte County Recorder a deed restriction, which has been approved by the County as to its form and content, containing a reference to the deed under which the property was acquired by the owner and stating that: 1. The junior accessory dwelling unit shall not be sold separately from the single-unit dwelling;

2. The junior accessory dwelling unit shall comply with all the standards included in this Chapter; and 3. The restrictions shall run with the land and be binding upon any successor in ownership of the property. Lack of compliance shall void the approval of the junior accessory dwelling unit and may result in legal action against the property owner and future purchasers.

- - (Ord. 2023 006 (part), 2023; Ord. 95 03 (part), 1995)

- 20.00.30 Second Single Family Unit Regulations

B. Intent. The purpose of this chapter is to authorize second units and to establish a procedure for reviewing and approving their development in order to ensure and maintain healthy and safe residential living environments.

C. Application. A second unit proposed for approval shall require submission of a use permit application and payment of applicable fees.

D. Second single-family unit. A second single-family unit may be a permitted use subject to the issuance of a building permit, subject to all of the following:

1. The subject parcel is within a R, RR, FR, CR, A or AE zone district.

2. The second unit is consistent with the allowable density of the applicable General Plan designation and Zoning designation. That is the subject parcel consists of a minimum of twice the minimum parcel size required by the general plan and zoning.

3. The second unit must be situated on the subject parcel so that the parcel could be subdivided, under standards applicable at the time of application, without resulting in two dwellings on one parcel.

4. The second unit shall comply with height, setback, lot coverage, architectural eview, fees. charges and other zoning requirements generally applicable to residential placement in the zone in which the property is located at the time for application of the building permit.

5. Each dwelling shall be provided with separate utility connections. A shared well may be by the health department.

E. Senior second units - temporary second dwelling uses with kitchen facilities in existing residences or additions to existing residences. A use permit for a temporary second dwelling use with cooking facilities may be considered by the planning commission in a portion of, or an addition to, any legally existing single-family residence subject to all of the following:

1. The second dwelling shall be used for the sole occupancy of one to two adult persons who are sixty-two years of age or over and am immediate family members of the principal residents of the parcel.

2. The total designated floor area of the second dwelling use shall not exceed thirty percent of the floor area of the entire structure, including any proposed addition. However, under no circumstances shall the floor area of the second unit exceed seven hundred square feet.

3. The habitable floor area of the second dwelling shall maintain direct, internal access to the habitable floor area of the primary residence, and a direct exit outside. For purposes of this Section, habitable floor area shall include hallways.

4. Any structural additions or alterations shall comply with all applicable building, zoning, health and fire code requirements.

5. Utilities for the second dwelling area (electricity, water, sewage disposal, etc.) shall be integrated into those of the primary residence as much as is feasible.

6. When the specified occupant(s) of the second dwelling no longer reside in the unit or no longer qualify for the use permitted under these provisions, the kitchen facilities and any duplicate utilities shall be removed, and the area no longer used for second dwelling purposes.

7. Notice of noncompliance, stating the conditions of the use permit, shall be recorded at the time of issuance of a building permit for the structural addition or alteration to the existing residence.

8. The use permit shall be subject to annual review and verifica-tion of compliance by the planning department and/or planning commission. A fee, in an amount determined by the board of supervisors, may be charged for the annual review.

F. Invalid family care -Temporary occupancy of a manufactured home or park trailer for invalid family care. A use permit for the temporary establishment and use of a manufactured home or park trailer may be considered by the planning commission as a second dwelling unit in any R, RR, FR, A, AE or TPZ zone district for invalid family care purposes, subject to all of the following:

1. The permit shall be issued to the owner-occupant of a parcel of property, based upon the physical condition of a specific person or persons as an invalid, and such permit shall be nontransferable.

2. The occupant of the subject unit shall be a member of the immediate family of the principal resident(s) who is the owner-occupant of the subject parcel or the occupant of the subject unit shall be a court appointed guardian to the owner-occupant of the subject parcel.

3. Application for persons under the age of seventy years shall include a written statement, on a form provided by the county, completed by a practicing physician certifying the need for and purpose of the requested invalid care. Verification of need shall be submitted with each annual renewal and shall be signed by the attending physician.

4. The unit placement shall comply with all applicable building, zoning, engineering, health and fire code requirements, and must comply with any applicable architectural standards which apply to the parent zoning district; except that density requirements and the requirement for a permanent foundation shall not apply due to the temporary nature of the placement.

5. Utilities for the second dwelling unit (electricity, water, sewage disposal, etc.) shall be integrated into those of the primary residence.

6. When the specified occupant(s) of the second dwelling no longer reside in the unit or no longer qualify for the use permitted under these provisions, the unit shall be removed within ninety days, and the area no longer used for second dwelling purposes.

7. A bond, or other security, in the amount of five thousand dollars, payable to the county of Del Norte, shall be posted by the applicant prior to the issuance of a building permit for the

placement/installation of the subject unit. Any bond posted as security pursuant to this section shall comply with the provisions of the California Bond and Underwriting Law which commences with Section 995.010 of the California Code of Civil Procedure. This performance bond is to be held by the county and may be called at any time by the county to enforce removal of the unit.

8. A notice of conditional approval, stating the conditions of the use permit and requiring the removal of the manufactured home or park model recreational vehicle upon cessation of need, shall be recorded at the time of issuance of the building permit for the placement (installation) of the unit. A notarized acknowledgement statement by the property owner shall be included on the notice of conditional approval.

9. The use permit shall be subject to annual review and verification of compliance by the planning department and/or planning commission. A fee, in an amount determined by the board of supervisors, may be charged for the annual review.

10. Any temporary manufactured home or park model recreational vehicle in a TPZ zone district must be located within the designated building area as identified in a Forester's Report.

(Ord. 2023-006 (part), 2023; Ord. 2003-009 § 2, 2003; Ord. 95-03 (part), 1995)

20.02 Enabling Plan 20.02.10 Citation 20.02.20 Adoption 20.02.30 Purpose

20.02.40 District Establishment; Provision For Legal Procedure

20.02.50 District Establishment; Initiation

20.02.60 Unclassified Areas

The ordinance codified in Chapters 20.02 - 20.60 shall be known and cited as the "zoning enabling ordinance of the county of Del Norte." Copies shall be available to the general public for a fee sufficient to cover cost of publication.

• (Ord. 67 10 § 6.0400, 1967)

There is adopted a zoning enabling plan for the county of Del Norte, state of California, as provided by law.

• (Ord. 67 10 § 1.0100, 1967)

This zoning plan is adopted to provide for the promotion and protection of the public health, safety, peace, morals, comfort, convenience, and general welfare, for the following more particularly specified purposes:

1. To assist in providing a definite plan of development for the county, and to guide, control and regulate the future growth of the county, in accordance with the zoning plan.

2. To protect the character and the social and economic stability of agricultural, residential, commercial, industrial, and other areas within the county, and to assure the orderly and beneficial development of such areas.

- (Ord. 67 10 § 1.0101, 1967)

The zoning enabling plan provides the necessary legal procedure for the future establishment of various districts within the unincorporated territory of the county within such districts it is unlawful or lawful to erect, construct, alter or maintain certain buildings or to carry on certain trades or occupations or to conduct certain uses of land and/or buildings, and within which certain open spaces shall be required about future buildings, and consisting further of appropriate regulations to be enforced in such districts, all as set forth in Chapters 20.02 - 20.60.

• (Ord. 67 10 § 1.0102, 1967)

Protective districts shall be established upon initiation by the board of supervisors, the planning commission, or upon initiation by a petition signed by one or more persons owning property in the area affected, and shall be according to the procedures provided in Chapter 20.52.

• (Ord. 67 10 § 1.0103, 1967)

All the unincorporated area of the county not classified under any specific zoning district is classified as District classification "U." These areas have not yet been studied sufficiently to justify precise zoning therefore, precise zoning is deferred until such time as complete studies may be made.

• (Ord. 67 10 § 1.0104, 1967)

20.04 Definitions 20.04.10 Generally 20.04.12 Accessory Dwelling Unit (ADU) 20.04.20 Agriculture 20.04.30 Airport 20.04.40 Alley 20.04.50 Animal Husbandry 20.04.60 Apartment 20.04.65 Efficiency Kitchen

20.04.70 Apartment Court 20.04.80 Apartment House 20.04.90 Area, Building Site 20.04.100 Automobile Camp 20.04.110 Automobile Wrecking 20.04.120 Basement 20.04.130 Block 20.04.140 Building 20.04.150 Building, Accessory 20.04.160 Building, Main 20.04.170 Business Or Commerce 20.04.175 Community Care Facility 20.04.180 Caretaker 20.04.185 Child Day Care Home 20.04.190 Court 20.04.200 Coverage, Lot Or Building 20.04.210 District 20.04.220 Duplex 20.04.230 Dwelling Group 20.04.240 Dwelling, Multiple 20.04.250 Dwelling One Family 20.04.260 Dwelling Two Family 20.04.265 Emergency Shelter 20.04.270 Employee Full Time 20.04.275 Employee Housing 20.04.280 Employee Housing, Agriculture 20.04.285 Factory-Built Home 20.04.290 Family 20.04.295 Family Immediate 20.04.300 Front Wall 20.04.310 Garage, Private 20.04.320 Garage, Public 20.04.330 Garage, Storage 20.04.340 Guest Room 20.04.350 Height Of Building - 20.04.352 High Quality Transit Corridor 20.04.355 Home Enterprise 20.04.360 Home Occupation 20.04.370 Hotel 20.04.380 House Court 20.04.390 Household Pets 20.04.400 Industry 20.04.405 Junior Accessory Dwelling Unit (JADU) 20.04.410 Junk

20.04.420 Junkyards 20.04.430 Livestock Farming 20.04.440 Loading Space 20.04.445 Lodging, House Or Guest 20.04.450 Lot 20.04.460 Lot Area 20.04.470 Lot Corner 20.04.480 Lot Depth 20.04.490 Lot Frontage 20.04.500 Lot Interior 20.04.510 Lot, Key 20.04.530 Lot Lines Front 20.04.540 Lot Lines Rear 20.04.550 Lot Lines Side 20.04.551 Major Transit Stop 20.04.555 Low Barrier Navigation Center 20.04.560 Manufactured Home 20.04.565 Mining 20.04.570 Mobile Home 20.04.580 Motel 20.04.590 Mutual Water Company 20.04.600 Nonconforming Use 20.04.610 Nuisance 20.04.620 One Ownership 20.04.630 Outdoor Advertising Sign 20.04.640 Outdoor Advertising Structure 20.04.645 Park Trailer 20.04.650 Professional Office 20.04.660 Public Sewage Disposal System 20.04.663 Public Transit 20.04.670 Public Use 20.04.680 Public Water Supply 20.04.690 Quasi-Public Use 20.04.700 Sawmill 20.04.710 Setback 20.04.715 Single Room Occupancy (SRO) 20.04.720 Small Livestock Farming 20.04.730 Stable Private 20.04.740 Stable Public 20.04.750 Story 20.04.760 Story Half 20.04.770 Street 20.04.780 Street Line 20.04.790 Structure

20.04.810 Recreational Vehicle

20.04.830 Mobilehomes Park

20.04.840 Recreational Vehicle Park 20.04.842 Supportive Housing 20.04.844 Tandem Parking 20.04.848 Transitional Housing 20.04.860 Use Accessory 20.04.870 Wrecking Yard 20.04.880 Yard 20.04.890 Yard Front 20.04.900 Yard Rear 20.04.910 Yard Side

For the purpose of the ordinance codified in Chapters 20.02 - 20.60, certain terms used are defined as follows:

All words used in the present tense include the future all words in the plural number include the singular, unless the natural construction of the wording indicates otherwise. "Lot" includes "plot" "building" includes "structure" and "shall" is mandatory and not directory. "County" means the county of Del Norte, state of California "board of supervisors" means the board of supervisors of the county of Del Norte, state of California "planning commission" means the planning commission of the county of Del Norte, state of California and county boundary" means the boundary of the county of Del Norte, state of California, and/or the boundary of any incorporated municipality within Del Norte County.

• (Ord. 67 10 § 2.0100(a), 1967)

"Accessory dwelling unit" means an attached or detached dwelling unit that provides complete independent living facilities on the same parcel as a legal single-unit or multi-unit dwelling, including permanent provisions for living, sleeping, eating, cooking and sanitation. See Section 20.00.01 O (Accessory dwelling unit (ADU) regulations).

• (Ord. 2023 006 § 2 (part), 2023)

"Agriculture" means the tilling of the soil, the raising of crops, horticulture and viticulture, including all uses customarily incidental thereto for commercial purposes, but not including slaughterhouses, fertilizer yards, bone yards or plants for the reduction of animal matter or any other industrial use which is similarly objectionable because of noise, odor, smoke, dust, or fumes.

• (Ord. 67 10 § 2.0100(1), 1967)

“Airport” means the operation of any area of land or water designed and set aside for the landing and taking off of aircraft but not including private agricultural operations.

• (Ord. 67 10 § 1.0100(3), 1967)

"Alley" means public thoroughfare, not exceeding twenty feet in width, for the use of pedestrians and/or of vehicles which affords only a secondary means of access to abutting property.

• (Ord. 67 10 § 2.0100(4), 1967)

"Animal husbandry" means the keeping of any or all livestock except hogs.

• (Ord. 67 10 § 2.0100(2), 1967)

"Apartment" means a room or suite or two or more rooms which is designed for, intended for and/or occupied by one family doing its cooking therein.

• (Ord. 67 10 § 2.0100(5), 1967)

"Efficiency kitchen" means a cooking facility which includes all the following: sink; cooking appliances that do not require electrical service greater than 120 volts, or natural or propane gas; a food preparation counter(s); and food storage cabinets.

- (Ord. 2023 006 § 2 (part), 2023)

For "apartment court," see "dwelling group," Section 20.04.230.

• (Ord. 67 10 § 2.0100(6), 1967)

For "apartment house," see "dwelling, multiple," Section 20.04.240.

• (Ord. 67 10 § 2.0100(7), 1967)

"Area, Building-Site" means the total of the ground area of building or buildings together with all open spaces required b} Chapters 20.02 - 20.60.

• (Ord. 67 10 § 2.0100(8), 1967)

"Automobile Camp" means land or premises used or intended to be used, let or rented, for occupancy by camper traveling by automobile or otherwise, or for occupancy by or of trailers or moveable dwellings, rooms or sleeping quarters of any kind.

• (Ord. 67 10 § 2.0100(9), 1967)

For "Automobile Wrecking," see "Wrecking Yards," Section. 20.04.870.

• (Ord. 67 10 § 2.0100(10), 1967)

"Basement" means a story wholly or partly underground and having at least one-half of its height below grade. A basement shall be counted as a story if the vertical distance from grade to the ceiling is over five feet.

• (Ord. 67 10 § 2.0100(11), 1967)

"Block" means that property abutting on one side of a street and lying between the two nearest intersecting or intercepting streets, or railroad rights-of-way, or unsubdivided acreage, or a combination thereof.

• (Ord. 67 10 § 2.0100(12), 1967)

"Building" means any structure having a roof supported by columns and/or by walls and intended for the shelter, housing and/or enclosure of any person, animal or chattel. When any portion thereof is completely separated from every other portion thereof by a masonry division or fire wall without any window, door or other opening therein, which wall extends from the ground to the upper surface of a roof at every point, then each such portion shall be deemed to be a separate building.

• (Ord. 67 10 § 2.0100(13), 1967)

"Building, Accessory" means a subordinate building the use of which is incidental to that of the primary building on the same parcel. In residential, residential-agricultural and rural-residential districts, the residence is the primary building and the accessory building must be built after construction of the residence or at the same time as construction of the residence. Where the minimum lot size in these districts is less than three acres, the accessory building must meet the following criteria:

1. No single accessory building shall exceed twelve hundred square feet in area coverage.

2. The height of the accessory building. shall not exceed sixteen feet as measured from the average ground level to the peak of the roof.

3. No person outside of the members of the family shall be em ployed within the accessory building.

4. Exceeding the above maximum dimensions shall only be al-lowed after the securement of a use permit.

(Ord. 95-017 § 8(1), 1995; Ord. 81-31 § 1, 1981; Ord. 67-10 § 2.0100(14), 1967)

"Building, Main" means a building in which is conducted the principal use of the lot upon which it is situated. In any R district any dwelling shall be deemed to be a main building upon the lot upon which the same is situated.

• (Ord. 67 10 § 2.0100(15), 1967)

"Business or Commerce" means the purchase, sale or other transaction involving the handling or disposition (other than is included in the term "industry" as defined herein) of any article, substance or commodity for profit or livelihood, including, in addi tion, office buildings, offices, shops for the sale of personal services, garages, outdoor advertising structures, automobile camps, automo bile courts, hotels and recreational or other enterprises conducted for profit.

• (Ord. 67 10 § 2.0100(16), 1967)

A "Community Care Facility" shall be as defined by California Health and Safety Code, including habilitative, congregate, foster or group home in a health care, community care, or recovery care facility for six or fewer persons, and shall, under state law, be considered a single-family residence for the purpose of this zoning code. Similar facilities with seven or more persons, as defined by California Health and Safety Code, shall also be considered a single-family residence however a use permit will be required in all R zone districts to address potential local health and safety issues.

• • (Ord. 2023 007 § 1, 2023; Ord. 99 002 (part), 1999)

"Caretaker" means any person who is on the premises only in the absence of the property owner, and all other persons, from the property to be cared for. He must provide manual labor and maintenance

services for the owner to substantial physical improvements (buildings, equipment, crops on five acres or more, etc.).

• (Ord. 67 10 § 2.0100(17), 1967)

"Child Day Care Home" means a dwelling unit used by the occupant to provide day care and supervision subject to the requirements of Health and Safety Code Section 1597.44 for a small family day care home that provides care for more than six children and up to eight children and Health and Safety Code Section 1597.465 for a large family day care home that provides care for more than 12 children and for up to 14 children. The use of a dwelling unit as a small or large family day care home shall be considered a residential use of property as defined in Health and Safety Code Section 1597.45.

- (Ord. 2023 007 § 2, 2023)

"Court" means an open, unoccupied space on the same lot with a building or buildings and which is bound on two or more sides by such building or buildings, including the open space in a house court or court apartment providing access to the units thereof.

• (Ord. 67 10 § 2.0100(18), 1967)

"Coverage, Lot or Building" means that portion of the lot area covered by buildings.

• (Ord. 67 10 § 2.0100(19), 1967)

"District" means a portion of the unincorporated territory of the county within which certain uses of land, premises and buildings are permitted and certain other uses of land, premises and buildings are not permitted and within which certain yards and other open spaces are required and certain building site areas are established and certain height limits are established for buildings, all as set forth and specified in Chapters 20.02 - 20.60.

• (Ord. 67 10 § 2.0100(20), 1967)

"Duplex" means a two-family residence designed for or used exclusively for residence purposes by two families in separate housekeeping units.

• • (Ord. 82 09 § 2 Exh. A(5), 1982; Ord. 67 10 § 2.0100(21), 1967)

"Dwelling group" means a group of two or more detached or semidetached single-family, two-family or multiple dwellings occupying a parcel of land in one ownership and having any yard or court in common, including house courts and apartment courts, but not including automobile courts.

• • (Ord. 2023 007 § 3, 2023; Ord. 67 10 § 2.0100(25), 1967)

"Multiple dwelling" means a building or portion thereof used and/or designed as a residence for three or more families living independently of each other, and doing their own cooking in the building, including apartment houses, apartment hotels and flats, but not including automobile courts.

• (Ord. 67 10 § 2.0100(24), 1967)

"Single-family dwelling" means a building designed for and/or occupied exclusively by one family, not including trailers. Single-family dwellings include traditional construction, manufactured homes, and modular homes. (See definition of trailer, Section 20.04.810.)

• • (Ord. 2023 007 § 4, 2023; Ord. 67 10 § 2.0100(22), 1967)

"Two-family dwelling" means a building designed for and/or occupied exclusively by two families living independently of each other.

• • (Ord. 2023 007 § 5, 2023; Ord. 67 10 § 2.0100(23), 1967)

"Emergency Shelter" means a housing with minimal supportive services for homeless persons that is limited to an occupancy of six months or less.

• (Ord. 2023 007 § 6, 2023)

"Full time employee" means a person working for a monetary wage or salary at least thirty-two hours per week.

• (Ord. 67 10 § 2.0100(26), 1967)

"Employee housing" means housing provided for six or fewer employees and shall be deemed a singleunit dwelling. Residents of the employee housing must be employed by the owner of the home.

• (Ord. 2023 007 § 10, 2023)

"Employee housing, agriculture" means housing provided for farmworkers. Housing consists of any living quarters or dwelling, boarding house, barracks, bunkhouse, mobile home, manufactured home, travel trailer, or other accommodations maintained in one or more structures.

• (Ord. 2023 007 § 11, 2023)

"Factory-built home" means a dwelling, wholly or in substantial part, fabricated in an off-site manufacturing facility to be wholly or on-site in accordance with building standards published in the State Building Code and other regulations adopted locally. Factory-built housing includes such types as modular, panelized and pre-cut homes but does not include a mobile home, manufactured home, commercial coach nor a recreational vehicle.

• • (Ord. 2023 007 § 9, 2023; Ord. 95 06 § 2 (part), 1995)

"Family" means one or more people related by blood or legal status or persons not related who are functioning as a family or single-housekeeping unit, meaning that they have established ties and familiarity with each other, jointly use common areas, interact with each other, and share meals, household activities, expenses and responsibilities. Family does not include a fraternity, sorority, club, or other group occupying a hotel, other transient lodging, or institution of any kind.

• • (Ord. 2023 007 § 8, 2023; Ord. 67 10 § 2.0100(27), 1967)

"Immediate family" means parents, children, brothers or sisters of either the property owner or spouse of the property owner.

• • (Ord. 2023 007 § 7, 2023; Ord. 67 10 § 2.0100(28), 1967)

"Front wall" means the wall of the building or other struc tures nearest the street upon which the building faces but excluding certain architectural features as specified in Section 20.48.90.

• (Ord. 67 10 § 2.0100(29), 1967)

"Garage, Private" means an accessory building for only the non-commercial storage of self-propelled vehicles.

• (Ord. 67 10 § 2.0100(30), 1967)

"Public garage" means any premises, except those herein defined as private or storage garage, used for the storage and/or care of self-propelled vehicles, or where any such vehicles are equipped for operation or repair, or kept for remuneration, hire or sale.

• (Ord. 67 10 § 2.0100(31), 1967)

"Storage garage" means any premises, except those herein defined as a private garage, used exclusively for the storage of personal belongings other than those of any resident upon the premises.

• • (Ord. 87 20 Exh. A (part), 1987; Ord. 67 10 § 2.0100(32), 1967)

"Guest room" means a room which is intended, arranged or designed to be occupied or which is occupied by one or more guests, but in which no provision is made for cooking and not including dormitories for sleeping purposes.

• (Ord. 67 10 § 2.0100(33), 1967)

"Height of building" means the vertical distance from the average level of the highest and lowest point of that portion of the lot cov ered by the building, to the highest point of the building.

• (Ord. 67 10 § 2.0100(34), 1967)

- 20.04.352 High Quality Transit Corridor

"High quality transit corridor" means the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.

- (Ord. 2023 006 § 2 (part), 2023)

"Home enterprise" means a service, office, studio or production use conducted in conjunction with a dwelling unit, managed by the inhabitants thereof, which use includes business activities more intense than those of a home occupation. Home enterprises may be considered in specified zoning districts subject to the issuance of a use permit which shall find that the use is clearly incidental and secondary to the use of the property for dwelling purposes, does not substantially change the character of the dwelling or neighborhood thereof, and which use:

1. Is confined within an on-site dwelling or accessory structure thereto, occupies not more than thirty-three percent of the total on-site square footage, and/or is confined to a garden or orchard where food or flora is grown on-site.

2. Involves no sale of new or used merchandise other than that produced on the premises, or merchandise directly related to, and incidental to, the services offered.

3. Is managed by the family occupying the dwelling with no more than three nonresident employees at the site where the residence is located within any general plan designated urban or rural area, or nor more than five nonresident employees at the site where the residence is located within any general plan designat ed resource area.

4. Does not entail the establishment of a permanent salesroom or group meeting room, except that provision for occasional temporary sales areas or group meetings may be established by the use permit where no impact upon the surrounding neighborhood is found.

5. Is in compliance with applicable health, safety and welfare standards such as the Uniform Building Code, Uniform Fire Code, Americans With Disabilities Act, OSHA, etc.

6. Produces no evidence of its existence beyond the property line (except one unlighted sign of not more than ten square feet which shall be considered a residential sign) such as noise, smoke, odors, vibration, lighting, exterior storage, excessive or intrusive electronic and/or communication devices, etc.

7. Does not establish or create a health or safety hazard.

8. Does not generate pedestrian or vehicular traffic, including delivery vehicles, beyond that normal in the neighborhood in which located and provides off-street parking adequate for clients and employees in addition to that required for the resi dence.

9. Includes no outside storage of materials, products, equipment or business vehicles, other than the personal transport vehicle(s) of the resident business owner(s).

10. Clinics (exceeding more than one doctor/practitioner), medical laboratories, hospitals, residential care facilities, animal hospi tals, outdoor contractors yards, storage rental (i.e., mini storage), food or liquor service establishments such as bakeries, restau rants or bars, and auto repair and/or painting, shall not be deemed to be home enterprises. Animal kennels, raising or sales of animals and/or animal products, food processing shall not be deemed to be home enterprises where the residence is located within a general plan designated urban area.

- (Ord. 99 002 (part), 1999)

"Home occupation" means an individually provided service, or an individual office or studio use conducted within a dwelling by the inhabitants thereof, which use is clearly incidental and secondary to the use of the property for dwelling purposes and dose not change the character thereof and which use:

1. Is confined within the swelling and occupies not more than twenty-five percent of the floor space thereof, or is confined to a garden or orchard where unprocessed food or flora is grown on site;

2. Involves no on-site sales of merchandise other than that produced on the premises, or merchandise directly related to, and incidental to, the services offered;

3. Is carried on by the members of the family occupying the dwelling with no other person employed;

4. Does not entail the conversion of a room into a salesroom or group meeting room;

5. Produces no evidence of its existence beyond the dwellings (except one unlighted sign of not more than one square foot) such as noise, smoke, odors, vibration, lighting, exterior storage yards, excessive or intrusive electronics or communications devices, etc.;

6. Dose not generate pedestrian or vehicular traffic (including delivery vehicles) beyond that normal in the neighborhood in which located and provides off-street parking adequate for clients in addition to that required for the residence;

7. Includes no outside storage of materials, products, equipment or business vehicles, other than the personal transport vehicles(s) of the resident business owner(s);

8. Clinics, medical laboratories, hospitals, residential care facilities, antique shops, guest lodging, food or liquor service establishments such as bakeries, restaurants or bars, food processing, beauty or similar personal service shops (exceeding more than one operator), animal hospitals or kennels, raising or sales of animals and/or animal products, contractors yards, retail merchandise warehousing or sales, ongoing yard or crafts sales, and commercial woodworking or repair shops, shall not be deemed to be home occupations.

(Ord. 99-002 (part), 1999; Ord. 82-09 § 2 Exh. A(6), 1982; Ord. 67-10 § 2.0100(35), 1967)

"Hotel" means any building or portion thereof containing four or more guest rooms used, designed, or intended to be used, let or hired out to be occupied, whether the compensation be paid directly or indirectly.

• • (Ord. 99 002 (part), 1999; Ord. 67 10 § 2.0100(38), 1967)

For "house court," see "dwelling group," Section 20.04.230.

• (Ord. 67 10 § 2.0100(36), 1967)

"Household pets" shall be limited to dogs (cannis familiaris), cats (felis catus) and animals whose normal place of abode is within the dwelling unit, such as caged birds, caged rodents, and fish, reptiles, and amphibia confined to aquaria and terraria.

• (Ord. 67 10 § 2.0100(37), 1967)

"Industry" means the manufacture, fabrication, reduction or destruction of any article, substance or commodity, or any other treatment thereof in such a manner as to change the form or character thereof, including, in addition, the following: Bottling works, building materials or contractors' yards, cleaning and dyeing establishments, creameries, junkyards, wrecking yards, laundries, lumber yards, milk bottling or distributing stations, stockyards, storage elevators, truck storage, service or repair, warehouses and wholesale storage.

• (Ord. 67 10 § 2.0100(39), 1967)

"Junior accessory dwelling unit (JADU)" means an accessory dwelling unit that is located within the living space of an existing primary single-unit dwelling, as defined in Section 17958.1 of the California Health and Safety Code. See Section 20.00.020 (Junior accessory dwelling unit (JADU) regulations).

- (Ord. 2023 006 § 2 (part), 2023)

"Junk" means any worn out, cast off, or discarded article or material which is ready for destruction or has been collected or stored for salvage or conversion to some use. Any article or material which, unaltered or unchanged and without further reconditioning can be used for its original purpose as readily when new shall not be considered as "junk."

• (Ord. 67 10 § 2.0100(40), 1967)

"Junkyard" means the use of more than two hundred square feet of the area of any lot for the storage or keeping junk, including scrap metals or other scrap materials.

• (Ord. 67 10 § 2.0100(41), 1967)

"Livestock farming" means dairying, ranching or the keeping of large livestock, except fowl.

• (Ord. 67 10 § 2.0100(42), 1967)

"Loading space" means an off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unload ing merchandise or materials, and which abuts upon a street, alley or other appropriate means of access.

- (Ord. 67 10 § 2.0100(43), 1967)

"Lodging house" or "guest lodging" are synonymous and mean any building dwelling or portion thereof containing not more than three guest rooms which are used by not more than six guests where compensation is paid in money, goods, labor or otherwise and where the use is accessory to a residential occupancy. Incidental food service, for guests only, may be included subject to county health regulations, provided that no second separate cooking facility shall be established. One on-side parking space shall be

provided for each guest room in addition to those spaces required for the residence and signage shall not exceed that permitted for the residence itself.

• (Ord. 99 002 (part), 1999)

"Lot" means land occupied or unoccupied, which may be occu pied by a building and its accessory buildings, or by a dwelling group and its accessory buildings, together with such open spaces as are required under the provisions of Chapters 20.02 - 20.60 having not less than the minimum area required by Chapters 20.02 - 20.60 for a building site in the district in which such lot is situated, and having access to a public road. Also refer to Section 20.48.80 subsection B regarding existing lots.

• • (Ord. 78 26 § 1, 1978: Ord. 67 10 § 2.0100(44), 1967)

"Lot area" means the total horizontal area included within lot lines.

• (Ord. 67 10 § 2.0100(48), 1967)

"Corner lot" means a lot situated at the intersection of two or more streets, or bounded on two or more adjacent sides of street lines.

• (Ord. 67 10 § 2.0100(45), 1967)

"Lot depth" means the average distance from the street line of the lot to its rear line measured in the general direction of the side lines of the lot.

• (Ord. 67 10 § 2.0100(49), 1967)

"Lot frontage" means the dimension of a lot or portion of a lot abutting on a street, except the side of a corner lot.

• (Ord. 67 10 § 2.0100(50), 1967)

"Interior lot" means a lot other than a corner lot.

• (Ord. 67 10 § 2.0100(46), 1967)

"Key lot" means the first lot to the rear of a corner lot the front line of which is a continuation of the side line of the corner lot, exclusive of the width of any alley, and fronting on the street which intersects or intercepts the street on which the corner lot fronts.

• (Ord. 67 10 § 2.0100(47), 1967)

"Front lot line" means in the case of an interior lot, a line separating the lot from the street. In the case of a corner lot, the front lot line shall be the line separating the narrowest street frontage of the lot line from the street.

• (Ord. 67 10 § 2.0100(52), 1967)

"Rear lot line" means, ordinarily, that line of a lot which is generally opposite the lot line along the frontage of the lot. In cases in which this definition is not applicable, the planning commission shall designate the rear lot line.

• (Ord. 67 10 § 2.0100(53), 1967)

"Side lot line" means any lot line not a front line or rear lot fine.

• (Ord. 67 10 § 2.0100(54), 1967)

"Major transit stop" means a site containing an existing rail transit station, a ferry terminal served by either a bus, or rail transit service.

• (Ord. 2023 006 § 2 (part), 2023)

"Low Barrier Navigation Center" means a shelter focused on temporarily housing persons and connecting them with income opportunities, public benefits, and health services prior to moving to permanent housing, in compliance with Government Code Section 65660 and 65668. Low barrier navigation centers must meet the diverse needs of the population by allowing and accommodating people with disabilities, pets and pet owners, partners, the storage of possessions, and for survivors of domestic violence.

• (Ord. 2023 007 § 14, 2023)

"Manufactured home" means a dwelling unit fabricated in an off-site manufacturing facility for installation or assembly at the building site, bearing a label certifying it is constructed in compliance with the Federal Manufactured Home Construction and Safety Standards (see 24 CFR 3280 for legal definition).

• • (2023 007 § 13, 2023; Ord. 95 06 § 2 (part), 1995)

"Mining" means processes for the commercial removal of miner als from the earth.

• • (Ord. 2023 007 § 12, 2023; Ord. 67 10 § 2.0100(55), 1967)

"Mobile home" means a transportable, factory-constructed home, designed to be used as a year-round residential dwelling and built prior to June 15, 1976, the effective date of the federal Manufactured Housing Construction and Safety Standards Act of 1974. Mobile home does not include a recreational vehicle, commercial coach or factory-built home.

(Ord. 95-06 § 1 (part), 1995; Ord. 80-18 § 1, 1980; Ord. 76-22 § 1 (part), 1976; Ord. 67-10 § 2.0100(56), 1967)

"Motel" means a building or group of buildings containing four guest rooms and/or apartments or more, which group is designed, intended and/or used primarily for the accommodation of automobile travelers, for compensation whether paid directly or indirectly, including, but not limited to, buildings designated as automobile courts, auto cabins and motor lodges.

• • (Ord. 99 002 (part), 1999; Ord. 67 10 § 2.0100(57), 1967)

"Mutual water company" means any corporation, including a nonprofit corporation, organized for or engaged in the business of developing, distributing, supplying or delivering water for irrigation, commercial or domestic use or both, and not operated as a public utility.

• (Ord. 67 10 § 2.0100(58), 1967)

"Nonconforming use" means a building or land occupied by a use that does not conform to the regulations for the district in which it is situated.

• (Ord. 67 10 § 2.0100(59), 1967)

"Nuisance" means anything that by its use or by its permitted existence works annoyance, harm, inconvenience or damage to another.

• (Ord. 67 10 § 2.0100(60), 1967)

"One ownership" means ownership of property, by a pen on or persons, firm, corporation or partnership, individually, jointly, in common or in any other manner whereby st.ch property is under single or unified control. "Owner" means the person, firm, corporation or partnership exercising "one ownership" as herein defined.

• (Ord. 67 10 § 2.0100(61), 1967)

"Outdoor advertising sign" means any card, cloth, paper, metal, painted, glass, wooden, plaster, stone, or other sign of any kind or character whatsoever placed for outdoor advertising purposes on the ground or on any tree, wall, bush, rock, pest, fence, building, structure or thing whatsoever. "Placed," as used in the definitions of "outdoor advertising sign," include erecting, constructing, posting, painting, printing, tacking, nailing, gluing, sticking, carving or otherwise fastening, affixing or making visible in any manner whatsoever.

• (Ord. 67 10 § 2.0100 (62), 1967)

"Outdoor advertising structure" means any structure of any kind or character erected or maintained for outdoor advertising purposes upon which any outdoor advertising sign may be placed, including also outdoor advertising statuary.

• (Ord. 67 10 § 2.0100 (63), 1967)

"Park trailer" means a trailer designed for human habitation that meets all of the following requirements:

1. It contains 400 square feet or less of gross floor area, excluding loft area space that do not meet the requirements of Section 18033 of the Health and Safety Code.

2. It may not exceed 14 feet in width at the maximum horizontal projection.

3. It is built upon a single chassis.

4. It may only be transported upon the public highways with a permit issued pursuant to Section 35780 of the Vehicle Code.

• (Ord. 2010 009 § 2, 2010)

20.04.650 Professional Office

"Professional office" means an establishment for professional, executive and administrative offices, including those of accountants, lawyers, physicians, dentists, architects, engineers, drafting offices, insurance agents, real estate agents, and other occupations which are of similar character to those enumerated, but not including barbers, beauty parlors, cosme tologists, or other service establishments and building trade contractors.

• (Ord. 67 10 § 2.0100(64), 1967)

"Public sewage disposal system" means a sewage disposal system for domestic or commercial use owned and operated by a political jurisdiction.

• (Ord. 67 10 § 2.0100(65), 1967)

"Public transit" means a location or structure, including but not limited to, a bus stop or train station, where the public may access buses, trains, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

- (Ord. 2023 006 § 2 (part), 2023)

"Public use" means a use operated by a governmental agency, public agency, or public utility which has the purpose of serving the public health, safety, convenience or general welfare, and including but not limited to such uses as schools, parks, playgrounds, educational, recreational and social fa cilities, libraries, museums, firehouses, courthouses, hospitals and administrative service facilities, and power generation or distribution plants.

• • (Ord. 82 09 § 2 Exh. A(7), 1982; Ord. 67 10 § 2.0100(66), 1967)

"Public water supply" means a supply of water for domestic or commercial use furnished or to be furnished from waterworks owned and operated by a political jurisdiction.

• (Ord. 67 10 § 2.0100 (67), 1967)

"Quasi-public use" means a use operated by a private nonprofit educational, religious, recreational, charitable, fraternal, or medical institution, association, or organization, and including but not limited to such uses as churches, private schools, universities, community recreational, educational and social facilities, meeting halls, private hospitals and the like.

• • (Ord. 2023 007 § 15, 2023; Ord. 67 10 § 2.0100 (68), 1967)

"Sawmill" means any structure and land used for the manufacture or remanufacture of lumber from saw logs by the use of power equipment.

• (Ord. 67 10 § 2.0100 (69), 1967)

"Setback" means a line parallel to the road centerline and a specified distance there from normal to the centerline.

• (Ord. 67 10 § 2.0100 (70), 1967)

"Single room occupancy" means any residential structure containing more than five units intended or designed to be used, rented, or hired out to be occupied for sleeping purposes, generally for one person per unit. Individual units typically share communal features, (e.g., kitchen, bathroom, entertainment area).

• (Ord. 2023 007 § 16, 2023)

"Small livestock farming" means the raising and/or keeping of more than twelve chicken hens or twelve pigeons or twelve similar fowl and/or twelve rabbits or twelve similar animals or any roosters, quacking ducks, geese, guinea fowl, peafowl, goats, sheep, or similar livestock or the raising and/or keeping for commercial purposes of any cats or dogs provided that "small livestock farming," as used in Chapters 20.02 - 20.60 shall not include hog farming, dairying or the raising and/or keeping of horses, mules, or similar livestock as determined by the planning commission.

• (Ord. 67 10 § 2.0100 (71), 1967)

"Private stable" means an accessory building where not more than one horse per twenty thousand square feet of property is kept for the use of owner and guests.

• (Ord. 67 10 § 2.0100(72), 1967)

"Public stable" means a stable other than a private stable for the commercial rental and boarding of horses.

• (Ord. 67 10 § 2.0100(73), 1967)

"Story" means that portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.

• (Ord. 67 10 § 2.0100 (74), 1967)

"Half story" means a story with at least one exterior side meeting a sloping roof not more than two feet above the floor of such story.

• (Ord. 67 10 § 2.0100 (75), 1967)

"Street" means a public or private thoroughfare which affords the principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road and any other thoroughfare except an alley as defined in Section 20.04.40.

• (Ord. 67 10 § 2.0100(76), 1967)

"Street line" means the boundary between a street and abutting property.

• (Ord. 67 10 § 2.0100 (77), 1967)

"Structure" means anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.

• (Ord. 67 10 § 2.0100 (78), 1967)

"Structural alterations" mean any change in the supporting members of a building, such as bearing walls, columns, beams or girders.

• (Ord. 67 10 § 2.0100(79), 1967)

"Recreational vehicle" means a motor home, travel trailer, truck camper, or camping trailer, with or without motive power, designed for human habitation for recreation or emergency occupan cy, which is eight feet or less in overall width and forty feet or less in overall length, or a bus conversion for human habitation. The planning department, by letter, may allow a recreational vehicle to be placed on a

construction site while a home is under construction for a period of six months. Extensions of time may be granted by the planning commission.

(Ord. 78-25 (part), 1978; Ord. 76-22 § 1 (part), 1976; Ord. 67-10 § 2.0100(80), 1967)

Any area or tract of land where one or more mobilehome lots are rented or leased or held out for rent or lease to accommodate mobilehomes used for dwelling purposes. The rental paid for any such mobilehome shall be deemed to include rental for the lot it occupies. A mobilehome park may contain a separate designated section to be held out for rent or lease to owners to users of recreational vehicles used for travel or recreational purposes.

• (Ord. 76 22 § 1 (part), 1976)

Any area or tract of land where one or more lots are rented or leased or held out for rent or lease to owners or users of recreational vehicles which are occupied for temporary purposes or seasonal use. A recreation vehicle park may allow the use of tents or other temporary camping facilities either in place of a recreation vehicle or in a separate designated area within its confines.

- (Ord. 76 22 § 1 (part), 1976)

"Supportive housing" has the meaning set forth in California Health and Safety Code section 50675.14. Supportive housing will be permitted, conditionally permitted or prohibited in the same manner as other residential dwellings of the same type in the same zone under this code and applicable state law.

- (Ord. 2014 003 § 2 (part), 2014)

"Tandem parking" means two or more automobiles that are parked on a driveway or in any other location on a lot, lined up behind one another.

• (Ord. 2023 006 § 2 (part), 2023)

"Transitional housing" has the meaning set forth in California Health and Safety Code section 50675.2. Transitional housing will be permitted, conditionally permitted or prohibited in the same manner as other residential dwellings of the same type in the same zone under this code and applicable state law.

• (2014 003 § 2 (part), 2014)

"Accessory use" means a use customarily incidental and accessory to the principal use of a lot or a building located on the same lot as the accessory use.

• (Ord. 67 10 § 2.0100(85), 1967)

"Wrecking yard" means the use of more than two hundred square feet of the area of any lot for the dismantling or wrecking of automobiles or other vehicles or machinery.

• (Ord. 67 10 § 2.0100(86), 1967)

"Yard" means an open space other than a court on the same lot with a building, which open space is unoccupied and unobstructed from the ground upward, except as otherwise provided in Section 20.48.90. In measuring a yard, as hereinafter provided, the line of a building means a line parallel to the nearest lot line drawn through the point of a dwelling group or building nearest to such lot line, exclusive of the respective architectural features enumerated in Section 20.48.90 which are not to be considered in measuring the yard dimensions, and which the respective architectural features are defined as being permitted to extend into any front, side or rear yard, respectively and the measurement shall be taken from the line of the building to the nearest lot line provided, however, that if any official plan line has been established for the street on which the lot faces or if any future width line is specified therefore by the provisions of Chapters 20.02 - 20.60, then such measurements shall be taken from such official plan line or such future width line to the nearest line of the building.

• (Ord. 67 10 § 2.0100 (87), 1967)

"Front yard" means a yard extending across the front of the lot between the side property lines, and lying between the front line of the lot and the nearest line of the building.

• (Ord. 67 10 § 2.0100 (88), 1967)

"Rear yard" means a yard extending across the lull width of the lot and lying between the rear line of the lot and nearer: line of the building.

• (Ord. 67 10 § 2.0100(89), 1967)

"Side yard" means a yard between the side line of the lot and the nearest line of the building and extending from the front line of the building to the rear yard.

• (Ord. 67 10 § 2.0100 (90), 1967)

20.06 Districts

20.06.10 Designation

20.06.20 Establishment

20.06.30 Boundary Uncertainty; Determination

20.06.40 Regulations To Govern Use 20.06.50 Zoning Maps On File

The several classes of districts provided and into which the county may be divided are designated as follows:

U districts: Unclassified

A districts: Agricultural districts

R1-A districts: Single family residential-agricultural districts

R2-A.districts: Multiple family residential-agricultural districts

R-1 districts: Single family residence districts

R-2 districts: Low density multiple family residence districts

R-3 districts: High density multiple family residence districts

R-H districts: Residential-highway districts

C-1 districts: Neighborhood commercial districts

C-2 districts: Central business districts

C-3 districts: General commercial districts

M districts: Industrial districts

P-C districts: Planned community districts

F-R districts: Forest-recreation districts

T districts: Trailer and mobile home districts

FP-1 districts: Primary flood plain districts

FP-2 districts: Secondary flood plain districts

FP-3 districts: Tertiary flood plain districts

B combining districts: Building site area districts

• (Ord. 67 10 § 3.0100, 1967)

The designation, location, and boundaries of the aforesaid districts shall be by written description or by delineation on zoning maps which may hereafter be adopted as provided in Chapter 20.52. These maps and all notations, references, data and other information shown thereon shall become a part of these regulations and subject thereto, and all such written descriptions and maps shall constitute Section 20.06.50.

• (Ord. 67 10 § 3.0101, 1967)

Where uncertainty exists as to the boundaries of any of the aforesaid districts as shown on the zoning maps, the planning commission, upon written application. or upon its own motion, shall determine the location of such boundaries.

• (Ord. 67 10 § 3.0102, 1967)

Except as hereinafter otherwise provided, the following shall apply to established districts.

1. Upon the establishment by ordinance of any of the districts within the unincorporated areas of the county the regulations for such districts and the provisions set forth in Chapters 20.02 - 20.60 shall apply and be enforced in all such districts.

2. No building shall be erected and no existing building moved, altered, added to or enlarged, nor shall any land, building, or premises be used for any purpose, or in any manner other than is included among the uses hereinafter indicated a permitted in the district in which such building, land premises is located.

3. No building shall be erected, reconstructed or structurally altered to exceed in height the limit hereinafter designated for the district in which such building is located.

4. No building shall be erected, nor shall any existing building be altered, enlarged or rebuilt, nor shall any open space encroached upon or reduced in any manner, except it conformity to the yard, building site area and building location regulations hereinafter designated for the district in which such building or open space is located.

5. No yard or other open space provided about any building for the purpose of complying with provisions of Chapters 20.02 - 20.60 shall be considered as providing a yard or open space for any other building, and no yard or other open space on one lot shall be considered as providing a yard or open space for a building on any other lot.

• (Ord. 67 10 § 3.0103, 1967)

This section consists of zoning maps of the county of Del Norte which will be found on file in the county planning director's office.

(Ord. 2009-003 § 4 (part), 2009; Ord. 67-10 § 3.0104, 1967)

20.08 Regulations For PO Public Ownership Districts

20.08.5 Intent; Applicability

20.08.10 Uses Permitted

20.08.20 Uses Permitted On Privately Owned Land With A Use Permit

20.08.30 Building Height Limit

20.08.40 Minimum Lot Area Required

20.08.50 Front Yard Required 20.08.60 Side Yard Required 20.08.70 Rear Yard Required

Because the state and federally owned lands within the county are some of the most significant resources in the county, this district is intended to recognize the existence and importance of these publicly owned lands. It is further the intent of this section to express the county's interest in participating in the decision making processes of the responsible state and federal agencies on all decisions affecting public lands within the county. Because of the nature of public acquisition of the state and federal lands, and the resulting pattern of ownership, some privately owned land is included in the PO classification.

The following regulations shall apply in all PO districts and shall be subject to the provisions of Chapters 20.46 and 20.48 of this code except as otherwise provided below.

• (Ord. 74 12 § 3 (part), 1974)

Uses permitted shall be as follows:

1. State park: any use authorized by the responsible state agency.

2. National park: any use authorized by the responsible federal agency.

3. National forest: any use authorized by the responsible federal agency.

4. A single-family dwelling (for mandated standards related to manufactured housing see Section 20.48.130)

5. Home occupations.

6. Guest ranches, public stables and private stables.

7. Logging.

8. Animal husbandry.

9. Accessory dwelling units.

10. Junior accessory dwelling units.

• • • • (Ord. 2023 007 § 17, 2023; Ord. 2023 006 § 3 (part), 2023; Ord. 95 17 § 6 (1), 1995; Ord. 79 034 (part), 1979; Ord 76-22 § 1 (part), 1976; Ord. 74-12 § 3 (part), 1974)

Uses permitted with a use permit shall be as follows:

1. A mobile home in lieu of a conventual residential unit or a manufactured home

2. Mobile home parks

3. Mining

4. Recreational vehicle parks

5. Country clubs with or without a golf course

6. Sales stands for fruits and vegetables provided, that the majority of the produce sold or offered for sale is grown on the premises

(Ord. 2023-007 § 18, 2023; Ord. 95-17 § 6(2), 1995; Ord. 95-06 § 5 (part), 1995; Ord. 79-034 (part), 1979; Ord. 76-22 § 1 (part), 1976; Ord. 74-12 § 3 (part), 1974)

Building height limit shall be none.

• (Ord. 72 14 § 3 (part), 1974)

Minimum lot area shall be as follows:

1. Land owned by a public agency: no restriction.

2. Privately-owned land: as specified by the planning commission but in no case less than two acres. See also Section 20.48.80.

• (Ord. 74 12 § 3 (part), 1974)

Required front yards shall be as follows:

1. Land owned by a public agency: none.

2. Privately-owned land: none, except as provided in Section 20.48.90.

• (Ord. 74 12 § 3 (part), 1974)

Required side yards shall be as follows:

1. Land owned by a public agency: none.

2. Privately-owned land: ten feet.

• (Ord. 74 12 § 3 (part), 1974)

Required rear yards shall be as follows:

1. Land owned by a public agency: none.

2. Privately-owned land: ten feet.

• (Ord. 74 12 § 3 (part), 1974)

20.09 Regulations For "AF" Agriculture Forestry Districts 20.09.5 Intent; Applicability 20.09.10 Uses Permitted

20.09.20 Uses Permitted With A Use Permit 20.09.30 Building Height Limit 20.09.40 Minimum Lot Area Required 20.09.50 Front Yard Required 20.09.60 Side Yard Required 20.09.70 Rear Yard Required

Because prime forest land is not a readily renewable resource, this district classification is intended to provide for the protection of timber lands from uses which may be in conflict therewith. The provisions of this section, therefore, shall be liberally interpreted to apply to forestry and agriculture, and permitted agricultural uses, to the end that no other use shall be permitted. It is the intention of this section to prevent the subdividing of prime forest lands into lot sizes which might threaten the use of such lands fear forest or timber production, and changes of lone from AF to another classification are to be made only where such uses are in accord with the general plan. The following regulations shall apply in all AF districts, subject to the provisions of Chapters 20.46 and 20.48 of this code.

• (Ord. 74 12 § 3 (part), 1974)

Uses permitted shall be as follows:

1. Management of land and forest for the production and harvest of trees

2. Logging

3. Single-family dwelling (for mandated standards related to manufactured housing see Section 20.48.130)

4. Home occupations

5. Child Day Care Home, up to 14 children.

6. Employee Housing, up to six residents as specified in the Sate Employee Housing Act (Health and Safety Code Sections 17000 through 17062.5)

7. Nurseries and greenhouses

8. One guest cottage for the use of friends, relatives and bona fide visitors, in conjunction with a single-family dwelling

9. Accessory dwelling units

10. Junior accessory dwelling units

11. Accessory buildings and accessory uses customarily appurtenant to a permitted use

12. Animal husbandry.

• • • • (Ord. 2023 007 § 19, 2023; Ord. 2023 006 § 3 (part), 2023; Ord. 76 22 § 1 (part), 1976; Ord. 74 12 § 3 (part), 1974)

Uses permitted with a use permit shall be as follows:

1. Agriculture, other than tree farming

2. Employee housing, agriculture, up to 12 dwelling units or 36 beds as specified in the State Employee Housing Act (Health and Safety Code Sections 17000 through 17062.5)

3. Hog farming

4. Dairies

5. Country clubs and golf courses

6. Public or quasi-public uses

7. Guest ranches and public stables

8. Mobile home

9. Airports, subject to the provisions of Section 20.18.100

10. Commercial excavations for rock and gravel and rock aggregate processing plants, subject to the provisions of Sections 20.18.90 and 20.18.100

11. Asphalt and concrete batch plants, subject to the provisions of Sections 20.18.90 and 20.18.100

12. Oil and gas drilling subject to the provisions of Sections 20.18.90 and 20.18.100

• • • • (Ord. 2023 007 § 20, 2023; Ord. 95 06 § 5 (part), 1995; Ord. 76 22 § 1 (part), 1976; Ord. 74 12 § 3 (part), 1974)

Building height limit shall be none.

• (Ord. 74 12 § 3 (Part), 1974)

Minimum lot area shall be forty acres.

• (Ord. 74 12 § 3 (part), 1974)

Required front yard shall be twenty-five feet. Also refer to Section 20.48.90.

• (Ord. 74 12 § 3 (part), 1974)

Required side yard shall be twenty feet.

• (Ord. 74 12 § 3 (part), 1974)

Required rear yard shall be twenty feet for main building and five feet for accessory buildings.

• (Ord. 74 12 § 3 (part), 1974)

20.10 Regulations For "AE" Agriculture Districts 20.10.10 Intent; Applicability 20.10.20 Uses Permitted

20.10.30 Uses Permitted With A Use Permit

20.10.40 Building Height Limit

20.10.50 Minimum Lot Area Required

20.10.60 Front Yard Required

20.10.70 Side Yard Required

20.10.80 Rear Yard Required 20.10.90 Special Yards And Distances Between Buildings Required

20.10.100 Special Requirements

Because prime agricultural land is not a readily renewable resource, this district classification is intended to provide for the protection of agricultural land and uses against encroachment by other uses which may be in conflict therewith. The provisions of this section, therefore, shall be liberally interpreted to apply to agricultural pursuits and related services, to the end that no other use shall be permitted, and no regulation shall be deemed or construed to interfere with any, normal accessory use conducted in conjunction therewith. It is the intention of this section to prevent the subdividing of prime agricultural lands into lot sizes which might threaten the use of such lands for agriculture, and changes of zone from AE to another classification are to be made only where such uses are in accord with the general plan. The following regulations, shall apply in all AE districts, subject to the provisions of Chapters 20.46 to 20.58 of this code.

• (Ord. 74 12 § 3 (part), 1974)

Uses permitted include the following:

1. A single-family (for mandated standards related to manufactured housing see Section 20.48.130)

2. Child Day Care Home, up to 14 children

3. Community Care Facilities for six or fewer people in compliance with Health and Safety Code Section 1566.3

4. Home occupations

5. One guest cottage for the use of friends, relatives and bona fide visitors, in conjunction with a single-family dwelling.

6. Nurseries and greenhouses.

7. Employee/Farmworker housing, up to 12 dwelling units or 36 beds, as specified in the State Employee Housing Act (Health and Safety Code Sections 17000 through 17062.5)

8. Employee housing, up to six residents, as specified in the State Employee Housing Act (Health and Safety Code Sections 17000 through 17062.5)

9. Accessory dwelling units

10. Junior accessory dwelling units

11. Accessory buildings and accessory uses including barns, stables, and other farm buildings

12. All agricultural uses, including crop and tree farming, livestock farming and animal husbandry and dairies

13. Home enterprises which are agricultural in nature as outlines in subsections D and F of this section.

14. Guest lodging.

(Ord. 2023-007 § 21, 2023; Ord. 2023-006 § 3 (part), 2023; Ord. 99-002 (part), 1999; Ord. 95-17 § 4 (2), 1995; Ord. 95-06 § 5 (part), 1995; Ord. 76-22 § 1 (part), 1976; Ord. 74-12 § 3 (part), 1974)

Uses permitted with a use permit shall be as follows:

1. Country clubs and golf courses, subject to the provisions of Section 20.10.50;

2. Animal hospitals and veterinary clinics;

3. Public or quasi-public uses;

4. Guest ranches and public stables;

5. A mobile home in lieu of a conventional residential unit or a manufactured home;

6. Airports, subject to the provisions of Section 20.10.100;

7. Quarters for farm labor employed on the premises;

8. Commercial excavation for rock and gravel, subject to the provisions of Section 20.10.100;

9. Oil and gas drilling, subject to the provisions of Section 20.10.100;

10. Produce sales stands, provided, that the majority of the produce sold or offered for sale is grown on the premises;

11. Hog farming;

12. Home enterprises which are not agricultural in nature.

(Ord. 99-002 (part), 1999; Ord. 95-17 § 4 (2), 1995; Ord. 95-06 § 5 (part), 1995; Ord. 76-22 § 1 (part), 1976; Ord. 74-12 § 3 (part), 1974)

Building height limit shall be none.

• (Ord. 74 12 § 3 (part), 1974)

Minimum lot area shall be as follows:

1. One hundred acres for golf courses and country clubs;

2. Forty acres, except as provided in Section 20.10.50(A).

• (Ord. 74 12 § 3 (part), 1974)

Required front yard shall be twenty-five feet. Also refer to Section 20.48.90.

- (Ord. 74 12 § 3 (part), 1974)

Required side yard shall be twenty feet.

• (Ord. 74 12 § 3, (part), 1974)

Required rear yard shall be twenty feet for main building and five feet for accessory building.

- (Ord. 74 12 § 3 (part), 1974)

1. Accessory buildings used as barns, stables or farm outbuildings shall be not less than twenty feet from any side or tear property line, and not less than fifty feet from the front property line, and not less than twenty feet from any dwelling limit on the property.

2. Yards for the use of livestock shall be fenced to keep animals not less than twenty feet from airy dwelling.

3. Side and rear yards for animal hospitals and veterinary clinics shall be no less than sixty feet when adjacent to a lot or parcel used for residential purposes.

4. Commercial excavations for rock or gravel shall have side and rear yards of a dimension large enough to provide a minimum distance of no less than two hundred feet between such operations and the nearest dwelling; but in no case less than sixty feet.

5. Oil and gas drilling operations shall have side and rear yard of a dimension large enough to provide a minimum distance of no less than one hundred fifty feet between such operations and the nearest dwelling, but in no case less than forty feet.

• (Ord. 74 12 § 3 (part), 1974)

1. Where airports, commercial excavation for rock or gravel, or oil or gas extraction requires the removal of or the paving or surfacing over of topsoil, such topsoil shall be removed form all affected areas and stored or used for cultivation elsewhere.

2. At the termination of any use covered under Subsection 20.10.100(A), the property owner shall, within six months of such termination, restore topsoil and vegetation to substantially the same conditions as existed prior to the terminated use. In the event the owner or lessee fails to complete the rehabilitation of the property as herein provided, the director of public works shall restore the property to the conditions required herein. The unrestored condition shall be considered a nuisance, and the rehabilitation of the property shall be considered abatement of said nuisance. All costs incurred by the county in the rehabilitation of the property shall be recoverable form the owner as provided in Chapter 7.08 of the Del Norte County Code.

3. All trailers occupied continuously for a period of more than ninety days shall have a protective skirt of screening to prevent access under the trailer.

• (Ord. 74 12 § 3 (part), 1974)

20.11 A District - Agriculture

20.11.10 Purpose

20.11.20 Permitted Uses

20.11.30 Uses Permitted With A Use Permit

20.11.40 Building Height 20.11.50 Minimum Lot Area 20.11.60 Front Yard 20.11.70 Side Yard 20.11.80 Rear Yard

20.11.90 Special Yards And Distances Between Buildings

Since there is a limited area within the county which is suitable for and used intensively as agricultural land, this district is designed for the protection of agricultural and related industry against en croachment by other uses which may be in conflict therewith. The provisions of this chapter, therefor, shall be liberally interpreted to apply to agricultural pursuits and related services, to the end that no other use shall be permitted, and no regulation shall interfere with any normal accessory use conducted in conjunction therewith. It is the intention of this chapter to deter developers from considering prime agricultural lands as potential urban subdivision property, and changes of district from A to another classification are to be made only where such uses are in accord with the general plan.

The regulations set forth in this chapter apply in all A districts, subject to the provisions of Chapters 20.46 - 20.58.

• • (Ord. 74 12 § 2 (part), 1974; Ord. 67 10 § 3.0300, 1967)

Uses permitted shall be as follows:

1. A single-family dwelling (for mandated standards related to manufactured housing see Section 20.48.130)

2. Home occupations.

3. Employee housing, agriculture, up to 12 dwelling units or 36 beds as specified in the State Employee Housing Act (Health and Safety Code Sections 17000 through 17062.5)

4. Employee housing, up to six residents as specified in the State Employee Housing Act (Health and Safety Code Sections 17000 through 17062.5)Accessory buildings and accessory uses including barns, stables and other farm buildings, quarters for farm labor and/or servants employed on the premises.

5. Nurseries and greenhouses

6. Accessory buildings and accessory uses including barns, stables and other farm buildings, quarters for farm labor and/or servants employed on the premises

7. All agricultural uses, including crop and tree farming, small livestock farming and animal husbandryHome enterprises which are agricultural in nature as outlined in subsections C and E of this section.

8. Dairies and cheese processing plants

9. Signs, not over thirty-five square feet and appurtenant to any permitted use

10. Accessory dwelling units.

11. Junior accessory dwelling units.

12. Home enterprises which are agricultural in nature as outlined in subsections C and E of this section

13. Guest lodging

14. Community Care Facilities for six or fewer people in compliance with Health and Safety Code Section 1566.3

• • • • (Ord. 2023 007 § 22, 2023; Ord. 2023 006 § 3 (part), 2023; Ord. 99 002 (part), 1999; Ord. 95 17 § 4(3), 1995; Ord. 79-18 § 1 (part), 1979; Ord. 74-12 § 2 (part), 1974; Ord. 67-10 § 3.0301, 1967)

Uses permitted with a use permit shall be as follows:

1. A mobile home in lieu of a conventional residential unit or a manufactured home.

2. Airports.

3. Animal hospitals and veterinary clinics.

4. Asphalt and concrete batch plants.

5. Billboards not related to permitted use.

6. Commercial Cannabis Cultivation.

7. Commercial enclosed kennels for dogs and cats.

8. Commercial excavations for rock and gravel and rock aggregate processing plants.

9. Country clubs and golf courses.

10. Guest ranches and public stables.

11. Hog ranch.

12. Home enterprises which are not agricultural in nature.

13. Oil and gas drilling.

14. Public or quasi-public uses.

15. Stockyards, slaughterhouses and tanneries.

Building height limit shall be none.

(Ord. 74-12 § 2 (part), 1974; Ord. 67-10 § 3.0303, 1967)

Minimum lot area shall be five acres.

(Ord. 74-12 § 2 (part), 1974; Ord. 67-10 § 3.0304, 1967)

Front yards shall be twenty-five feet. See also Section 20.48.90.

(Ord. 74-12 § 2 (part), 1974; Ord. 67-10 § 3.0305, 1967)

Side yards shall be twenty feet unless the building site is less than two hundred feet in width in which case side yards of ten percent of such width, but not less than five feet, shall be required.

• • (Ord. 74 12 § 2 (part), 1974; Ord. 67 10 § 3.0306, 1967)

Rear yards shall be twenty feet for main building, five feet for accessory building.

(Ord. 74-12 § 2 (part), 1974; Ord. 67-10 § 3.0307, 1967)

1. Accessory buildings used as barns, stables or farm outbuildings shall not be less than twenty feet from any side or rear property line, and not less than fifty feet from the front property line, and not less than twenty feet from any dwelling unit on the property.

2. Yards for the use of livestock shall be fenced to keep animals not less than twenty feet from any dwelling.

(Ord. 74-12 § 2 (part), 1974; Ord. 67-10 § 3.0308, 1967)

20.12.5 Intent; Applicability

20.12.10 Uses Permitted

20.12.20 Uses Permitted With A Use Permit

20.12.30 Building Height Limit

20.12.40 Minimum Lot Area Required

20.12.50 Minimum Lot Width Required

20.12.70 Front Yard Required

20.12.80 Side Yard Required

20.12.90 Rear Yard Required

20.12.100 Special Yards And Distances Between Buildings Required

This district classification is designed for the orderly development of rural homesites in the two to five acre category, to encourage a suitable environment for family life for these who desire rural residential land.

Since there is a limited area within the county which is suitable for rural residential land, this district is intended to protect rural residential uses against encroachment by other uses which may he conflict therewith. The provisions of this section, therefore, shall be liberally interpreted to apply to rural residential and agricultural pursuits and related services, to the end that no other use shall be permitted and no regulation shall be deemed or construed to interfere with any normal accessory Disc conducted in conjunction therewith. It is the intention of this section to prevent the further subdividing of rural

residential land into lot sizes which might threaten the rural quality of areas zoned RR and changes of zone from RR to another classification are to be made only where such uses are in accord with the general plan.

The following regulations shall apply in all RR districts subject to the provisions of Chapters 20.46 and 20.48 of this code.

• (Ord. 74 12 § 3 (part), 1974)

Uses permitted shall be as follows:

1. Single-family dwellings (for mandated standards related to manufactured housing see Section 20.48.130).

2. Child Day Care Home, up to 14 children

3. Community Care Facilities for six or fewer people in compliance with Health and Safety Code Section 1566.3

4. Accessory dwelling units

5. Junior accessory dwelling units

6. Employee housing, up to six residents as specified in the State Employee Housing Act (Health and Safety Code Sections 17000 through 17062.5)

7. Home occupations

8. Accessory buildings

9. All agricultural uses, including crop and tree farming, small livestock farming and animal husbandry, provided that not more than one horse, mule, cow or steer, nor more than five goats, sheep or similar livestock shall be kept for each twenty thousand square feet of lot area, except as otherwise provided in Section 20.20.030

10. Employee housing, agriculture, up to 12 dwelling units or 36 beds as specified in the State Employee Housing Act (Health and Safety Code Sections 17000 through 17062.5).

(Ord. 2023-007 § 23, 2023; Ord. 2023-006 § 3 (part), 2023; Ord. 81-31 § 2, 1981; Ord. 79-18 § 1 (part), - 1979; Ord. 74 12 § 3 (part), 1974)

Uses permitted with a use permit shall be as follows:

1. Country clubs and golf courses.

2. Animal hospitals and veterinary clinics.

3. Public or quasi-public uses.

4. Quarters for farm labor employed on the premises.

5. Animal husbandry where more than one horse, mule, cow or steer, or more than five goats, sheep or similar livestock is kept for each twenty thousand square feet of lot area, subject to the approval of the county sanitarian and such additional conditions as may be imposed by the planning commission.

6. Home enterprises.

7. Guest lodging.

- - (Ord. 99 002 (part), 1999; Ord. 74 12 § 3 (part), 1974)

Building height limit shall be none.

• (Ord. 74 12 § 3, (part), 1974)

Minimum lot area shall be as specified by the planning commission, but in no case less than two acres.

• (Ord. 74 12 § 3 (part), 1974)

Minimum lot width shall be two hundred feet.

• (Ord. 74 12 § 3 (part), 1974)

Percentage of lot coverage permitted shall be fifteen percent.

• (Ord. 74 12 § 3 (part), 1974)

Required front yard shall be twenty-five feet. Also refer to Section 20.48.90.

• (Ord. 74 12 § 3 (part), 1974)

Required side yard shall be twenty feet unless the building site is less than two hundred feet in width in which case side yards of ten percent of such width, but not less than five feet, shall be required.

- (Ord. 74 12 § 3 (part), 1974)

Required rear yard shall be twenty feet for main building and five feet for accessory building.

- (Ord. 74 12 § 3 (part), 1974)

1. Accessory buildings used as barns stables or farm outbuildings shall he not less than twenty feet from any side or rear property line, and not less than fifty feet from the front property line, and not less than twenty feet from any dwelling unit on the property.

2. Yards for the use of livestock shall be fenced to keep animals not less than twenty feet from any dwelling.

• (Ord. 74 12 § 3 (part), 1974)

20.12A RR-3 Rural Residential District

20.12A.5 A Purpose

20.12A.10 A Permitted Uses

20.12A.20 A Uses Permitted With A Use Permit

20.12A.30 A Building Height

20.12A.40 A Minimum Lot Area

20.12A.50 A Minimum Lot Width

20.12A.60 A Percentage Of Lot Coverage

20.12A.70 A Front Yard

20.12A.80 A Side Yard 20.12A.90 A Rear Yard 20.12A.100 A Special Yards

20.12A.5 A Purpose

This district is designed to provide for the orderly development of rural areas of the county in the threeacre to five-acre lot size and to insure the enjoyment of the residents their rural uses of their land.

The regulations set forth in this chapter shall apply in the RR-3 districts, subject to the provisions of Chapters 20.46 and 20.48.

• (Ord. 77 18 (part), 1977)

20.12A.10 A Permitted Uses

Uses permitted shall be as follows:

1. Single-family dwelling (for mandated standards related to manufactured housing see Section 20.48.130)

2. Child Day Care Home, up to 14 children

3. Community Care Facilities for six or fewer people in compliance with Health and Safety Code Section 1566.3

4. Employee housing, agriculture, up to 12 dwelling units or 36 beds as specified in the State Employee Housing Act (Health and Safety Code Sections 17000 through 17062.5)

5. Employee housing, up to six residents as specified in the State Employee Housing Act (Health and Safety Code Sections 17000 through 17062.5)

6. Home occupations

7. Accessory buildings pertinent to a permitted use

8. Accessory dwelling units

9. Junior accessory dwelling units

10. Agricultural uses

11. Timber harvesting

12. Animal husbandry, where no more than one horse, mule, cow or steer, nor more than five goats, sheep or similar livestock are kept for each twenty thousand square feet of lot area.

• • • • (Ord. 2023 007 § 24, 2023; Ord. 2023 006 § 3 (part), 2023; Ord. 94 19 § 2, 1994; Ord. 79 18 § 1 (part), - 1979; Ord. 77 18 (part), 1977)

20.12A.20 A Uses Permitted With A Use Permit

1. Golf courses and country clubs.

2. Public and quasi-public uses.

3. Nurseries and plant gardens.

4. Veterinary clinics and/or kennels or catteries.

5. Hog farming.

6. Recreational vehicle parks with the maximum lot coverage being sixty percent or less including buildings and user sites.

7. Guest lodging.

8. Home enterprises.

(Ord. 99-002 (part), 1999; Ord. 77-18 (part), 1977)

20.12A.30 A Building Height

The building height limit shall be thirty-five feet excluding silos.

• (Ord. 77 18 (part), 1977)

20.12A.40 A Minimum Lot Area

The minimum lot area shall not be less than three acres.

- (Ord. 77 18 (part), 1977)

20.12A.50 A Minimum Lot Width

The minimum lot width shall be not less than two hundred feet.

- (Ord. 77 18 (part), 1977)

20.12A.60 A Percentage Of Lot Coverage

The maximum lot coverage shall be fifteen percent except as noted in subsection F of Section 20.12A.20.

- (Ord. 77 18 (part), 1977)

20.12A.70 A Front Yard

The minimum front yard shall be twenty-five feet and also subject to Section 20.48.90.

- (Ord. 77 18 (part), 1977)

20.12A.80 A Side Yard

The minimum side yard shall be twenty feet unless the lot size is less than two hundred feet in width in which case the side yards of ten percent of the width, but not less than five feet, shall be required, or as required by the planning commission.

• (Ord. 77 18 (part), 1977)

20.12A.90 A Rear Yard

The required rear yard shall be twenty feet for the main building and five feet for an accessory building, or as required by the planning commission.

• (Ord. 77 18 (part), 1977)

20.12A.100 A Special Yards

Yards for the use of livestock shall be fenced to keep animals not less than twenty feet from any dwelling.

• (Ord. 77 18 (part), 1977)

20.13 R-1A District - Residential And Agricultural

20.13.10 Purpose

20.13.20 Permitted Uses

20.13.30 Uses Permitted With A Use Permit

20.13.40 Building Height

20.13.60 Minimum Lot Width

20.13.70 Lot Coverage

20.13.80 Front Yard

20.13.90 Side Yard 20.13.100 Rear Yard

20.13.110 Special Yards And Distances Between Buildings

This district classification is designed for the orderly development of suburban homesites in the one to five acre category, to encourage a suitable environment for family life for those who desire small residential-type farm land.

The regulations set forth in this chapter apply in all R1-A districts and are subject to the provisions of Chapters 20.46-20.58.

• • (Ord. 74 12 § 2 (part), 1974: Ord. 67 10 § 3.0400, 1967)

Uses permitted shall be as follows:

1. Single-family dwellings (for mandated standards related to manufactured housing see Section 20.48.130)

2. Child Day Care Home, up to 14 children

3. Community Care Facilities for six or fewer people in compliance with Health and Safety Code Section 1566.3

4. Employee housing, agriculture, up to 12 dwelling units or 36 beds as specified in the State Employee Housing Act (Health and Safety Code Sections 17000 through 17062.5)

5. Employee housing, up to six residents as specified in the State Employee Housing Act (Health and Safety Code Sections 17000 through 17062.5)

6. Agriculture, except the sale of any products from a roadside stand on the premises

7. Animal husbandry where no more than one horse, mule, cow or steer nor more than five goats, sheep or similar livestock shall be kept for each twenty thousand square feet of lot area

8. Accessory dwelling units

9. Junior accessory dwelling units

10. Nurseries and greenhouses

11. Home occupations and professional offices in home

12. Private stables and corrals

13. Accessory buildings and accessory uses customarily appurtenant to a permitted use Signs subject to regulations for residential use.

14. Multiple dwellings and dwelling groups on the following APNs per the Housing Element, 116-263007 and 116-263-009. Development on these parcels are subject to the height limit, building site area, average lot width, and yard requirements specified for R-3 districts and shall include 20 percent or more of its units to be affordable to lower income households.

• • • • (Ord. 2023 007 § 25, 2023; Ord. 2023 006 § 3 (part), 2023; Ord. 94 19 § 3, 1994: Ord. 79 18 § 1 (part), - - 1979: Ord. 74 12 § 2 (part), 1974: Ord. 67 10 § 3.0401, 1967)

Uses permitted with a use permit shall be as follows:

1. Small livestock farming.

2. Hogs as under Section 20.13.20C.

3. Airports.

4. Public and quasi-public buildings and uses of an educational, religious, cultural or public service type, not including corporation yards, storage or repair yards, and warehouses.

5. Public and private recreation area and facilities, such as country clubs, golf courses and swimming pools.

6. Home enterprises.

7. Guest lodging.

• • • • (Ord. 99 002 (part), 1999: Ord. 76 22 § 1 (part), 1976: Ord. 74 12 § 2 (part), 1974: Ord. 67 10 § 3.0402, 1967)

Building height limit shall be thirty-five feet.

• • (Ord. 74 12 § 2 (part), 1974: Ord. 67 10 § 3.0403, 1967)

Minimum lot area shall be one acre.

• • (Ord. 74 12 § 2 (part), 1974: Ord. 67 10 § 3.0404, 1967)

Minimum lot width shall be one hundred feet.

• • (Ord. 74 12 § 2 (part), 1974: Ord. 67 10 § 3.0405, 1967)

Percentage of lot coverage permitted shall be twenty percent.

• • (Ord. 74 12 § 2 (part), 1974: Ord. 67 10 § 3.0406, 1967)

Front yards shall be twenty-five feet. See also Section 20.48.90.

• • (Ord. 74 12 § 2 (part), 1974: Ord. 67 10 § 3.0407, 1967)

Side yards shall be ten feet unless the building site is less than one hundred feet in width in which case side yards of ten percent of such width, but not less than five feet, shall be required.

• • (Ord. 74 12 § 2 (part), 1974: Ord. 67 10 § 3.0408, 1967)

Rear yards shall be twenty feet for main buildings, five feet for accessory buildings.

• • (Ord. 74 12 § 2 (part), 1974: Ord. 67 10 § 3.0409, 1967)

1. Accessory buildings used as barns, stables or farm outbuildings shall be not less than twenty feet from any side or rear property line, and not less than fifty feet from the front property line, and not less than twenty feet from any dwelling unit on the property.

2. Yards for the use of livestock shall be fenced to keep animals not less than twenty feet from any dwelling.

• • (Ord. 74 12 § 2 (part), 1974: Ord. 67 10 § 3.0410, 1967)

20.14 R-2A District - Residential And Agricultural

20.14.10 Purpose 20.14.20 Permitted Users 20.14.30 Uses Permitted With A Use Permit 20.14.40 Building Height 20.14.50 Minimum Lot Area 20.14.60 Minimum Lot Width 20.14.70 Lot Coverage 20.14.80 Front Yard 20.14.90 Side Yard 20.14.100 Rear Yard 20.14.110 Special Yards And Distances Between Buildings

This district classification is designed for the orderly development of suburban homesites and sprawling country type multiple housing on parcels of land in the one to five acre category, to encourage a suitable environment for the development of rental units with space for family living and outdoor space for relaxation.

The regulations set forth in this chapter apply in all R-2A districts and are subject to the provisions of Chapters 20.46-20.58.

• (Ord. 67 10 § 3.0500, 1967)

Uses permitted shall be as follows:

1. All uses permitted in R1-A districts subject to the securing of a use permit for any use for which a use permit is required in an R1-A district

2. Child Day Care Home, up to 14 children

3. Community Care Facilities for six or fewer people in compliance with Health and Safety Code Section 1566.3

4. Two-family dwellings

5. Accessory dwelling units

6. Junior accessory dwelling units

7. Employee housing, agriculture, up to 12 dwelling units or 36 beds as specified in the State Employee Housing Act (Health and Safety Code Sections 17000 through 17062.5).

8. Employee housing, up to six residents as specified in the State Employee Housing Act (Health and Safety Code Sections 17000 through 17062.5).

9. Multiple dwellings and dwelling groups on a single parcel provided that not less than six thousand square feet of property is required for each living unit.

• • • (Ord. 2023 007 § 26. 2023; Ord. 2023 006 § 3 (part), 2023; Ord. 67 10 § 3.0501, 1967)

Uses permitted with a use permit shall be as follows:

1. Multiple dwellings where the area per unit is less than six thousand square feet.

2. Mobile homes.

3. Mobile home parks.

4. Motels.

• • (Ord. 76 22 § 1 (part), 1976: Ord. 67 10 § 3.0502, 1967)

Building height limit shall be thirty-five feet.

• (Ord. 67 10 § 3.0503, 1967)

Minimum lot area shall be one acre.

• (Ord. 67 10 § 3.0504, 1967)

Minimum lot width shall be one hundred feet.

• (Ord. 67 10 § 3.0505, 1967)

Percentage of lot coverage permitted shall be thirty-five percent.

• (Ord. 67 10 § 3.0506, 1967)

Front yards shall be twenty-five feet. See also Section 20.48.90.

• (Ord. 67 10 § 3.0507, 1967)

Side yards shall be ten feet unless the building site is less than one hundred feet in width in which case side yards of ten percent of such width, but not less than five feet, shall be required.

- (Ord. 67 10 § 3.0508, 1967)

Rear yards shall be twenty feet for main buildings, five feet for accessory buildings.

• (Ord. 67 10 § 3.0509, 1967)

1. Accessory buildings used as barns, stables or farm outbuildings shall be not less than twenty feet from any side or rear property line, and not less than fifty feet from the front property line, and not less than twenty feet from any dwelling unit on the property.

2. Yards for the use of livestock shall be fenced to keep animals not less than twenty feet from any dwelling.

• (Ord. 67 10 § 3.0510, 1967)

• 20.15 RR 5 Rural Residential District

20.15.10 Intent; Purpose

20.15.20 Permitted Uses

20.15.30 Uses Permitted With A Use Permit

20.15.40 Building Height

20.15.50 Lot Area 20.15.60 Lot Width

20.15.70 Lot Coverage 20.15.80 Front Yard 20.15.90 Side Yard 20.15.100 Rear Yard 20.15.110 Special Yards And Distances Between Buildings

1. This district classification is designed for the orderly development of rural homesites in the fiveacre category, to encourage a suitable environment for family life for those who desire rural residential land.

2. Since there is a limited area within the county which is suitable for rural residential land, this district is intended to protect rural residential uses against encroachment by other uses which may be in conflict therewith. The provisions of this chapter, therefore, shall be liberally interpreted to apply to rural residential and related services, to the end that no other use shall be permitted and no regulation shall be deemed or construed to interfere with any normal accessory use conducted in conjunction therewith. It is the intention of this chapter to prevent the further subdividing of rural residential land into lot sizes which might threaten the rural quality of areas zoned RR-5 and changes of zone from RR-5 to another classification are to be made only where such uses are in accord with the general plan. Rural Residential-5 shall also encompass those areas where, because of drainage, topography, or other problems, one parcel may have only one building site for every five acres.

3. The regulations set forth in this chapter shall apply in all RR districts, subject to the provisions of Chapters 20.46 and 20.48 of this code.

• (Ord. 76 38 § 1 (part), 1976)

Uses permitted shall be as follows:

1. Single-family dwelling (for mandated standards related to manufactured housing see Section 20.48.130)

2. Child Day Care Home, up to 14 children

3. Community Care Facilities for six or fewer people in compliance with Health and Safety Code Section 1566.3

4. Home occupations

5. Accessory dwelling units

6. Junior accessory dwelling units

7. Employee housing, agriculture, up to 12 dwelling units or 36 beds as specified in the State Employee Housing Act (Health and Safety Code Sections 17000 through 17062.5).

8. Employee housing, up to six residents as specified in the State Employee Housing Act (Health and Safety Code Sections 17000 through 17062.5).

9. Accessory buildings

10. Agricultural uses

11. Animal husbandry, where no more than one horse, mule, cow or steer, nor more than five goats, sheep or similar livestock are kept for each twenty thousand square feet of lot area.

• • • • (Ord. 2023 007 § 27, 2023; Ord. 2023 006 § 3 (part), 2023; Ord. 94 19 § 4, 1994: Ord. 79 18 § 1 (part), - 1979: Ord. 76 38 § 1 (part), 1976)

20.15.30 Uses Permitted With A Use Permit

Uses permitted with a use permit shall be as follows:

1. County clubs and golf courses.

2. Animal hospitals and veterinary clinics.

3. Public or quasi-public uses.

4. Quarters for farm labor employed on the premises.

5. Animal husbandry where more than one horse, mule, cow or steer or more than five goats, sheep or similar livestock are kept for each twenty thousand square feet of lot area.

6. Logging.

7. Home enterprises.

8. Guest lodging.

• • • (Ord. 99 002 (part), 1999 Ord. 94 19 § 5, 1994 Ord. 76 38 § 1 (part), 1976)

Building height limit shall be none.

• (Ord. 76 38 § 1 (part), 1976)

Minimum lot area shall be as specified by the planning commission, but in no case less than five acres.

• (Ord. 76 38 § 1 (part), 1976)

Minimum lot width shall be two hundred feet.

• (Ord. 76 38 § 1 (part), 1976)

Percentage of lot coverage permitted shall be five percent.

• (Ord. 76 38 § 1 (part), 1976)

Required front yard shall be twenty-five feet. See also Section 20.48.90.

• (Ord. 76 38 § 1 (part), 1976)

Required side yard shall be twenty feet, unless the building site is less than two hundred feet in width, in which case side yards of ten percent of such width, but not less than five feet, shall be required.

• (Ord. 76 38 § 1 (part), 1976)

Required rear yard shall be twenty feet for main building and five feet for accessory building.

- (Ord. 76 38 § 1 (part), 1976)

1. Accessory buildings used as barns, stables or farm outbuildings shall be not less than twenty feet from any side or rear property line, and not less than fifty feet from the front property line, and not less than twenty feet from any dwelling unit on the property.

2. Yards for the use of livestock shall be fenced to keep animals not less than twenty feet from any dwelling.

• (Ord. 76 38 § 1 (part), 1976)

20.16 R-1 District - One Family Residence

20.16.20 Permitted Uses

20.16.30 Uses Permitted With A Use Permit

20.16.40 Building Height

20.16.50 Minimum Lot Area

20.16.60 Minimum Lot Width

20.16.70 Lot Coverage

20.16.80 Front Yard

20.16.90 Side Yard

20.16.100 Rear Yard

The regulations of this district are designed to protect the residential qualities of high density single family residences to the exclusion of other uses which may be detrimental to the orderly development of single family urban areas. Lot sizes suitable for building are dependent on the availability of public water and sewage systems with the minimum of seven thousand two hundred square feet permitted only where one or both systems are available.

The regulations set forth in this chapter apply in all R-1 districts and are subject to the provisions of Chapters 20.46 - 20.58.

• (Ord. 67 10 § 3.0600, 1967)

Uses permitted shall be as follows:

1. Single-family dwellings (for mandated standards related to manufactured housing see Section 20.48.130).

2. Accessory dwelling units

3. Junior accessory dwelling units

4. Community Care Facilities for six or fewer people in compliance with Health and Safety Code Section 1566.3

5. Child Day Care Home, up to 14 children.

6. Employee housing, up to six residents as specified in the State Employee Housing Act (Health and Safety Code Sections 17000 through 17062.5).

7. Accessory buildings and accessory uses appurtenant to a permitted use.

8. Home occupations.

• • • • (Ord. 2023 007 § 28, 2023; Ord. 2023 006 § 3 (part), 2023; Ord. 99 002 (part), 1999: Ord. 67 10 §

3.0601, 1967)

Uses permitted with a use permit shall be as follows:

1. Golf courses and country clubs

2. Public and quasi public uses

3. One guest cottage not including cooking facilities where the building site area is ten thousand square feet or more

4. Private stable where the building site area is one acre or more

5. Agriculture where building site area is one acre or more

6. Employee housing, agriculture, up to 12 dwelling units or 36 beds as specified in the State Employee Housing Act (Health and Safety Code Sections 17000 through 17062.5).

7. Home enterprises

8. Guest lodging.

• • • (Ord. 2023 007 § 29, 2023; Ord. 99 002 (part), 1999: Ord. 67 10 § 3.0602, 1967)

Building height limit shall be as follows:

1. Main buildings - thirty-five feet.

2. Accessory buildings - sixteen feet unless a use permit is first secured pursuant to Section 20.16.30.

• • (Ord. 95 17 § 7(3), 1995: Ord. 67 10 § 3.0603, 1967)

Minimum lot area shall be seven thousand two hundred square feet where either a public or mutual water supply or public sanitary system is available, and twelve thousand square feet where both public or mutual water supply and public sanitary system are not available. See also Section 20.48.80.

- (Ord. 67 10 § 3.0604, 1967)

Minimum lot width shall be sixty feet.

• (Ord. 67 10 § 3.0605, 1967)

Percentage of lot coverage permitted shall be thirty-five percent. (See also Section 20.48.90).

• (Ord. 67 10 § 3.0606, 1967)

Front yards shall be twenty-five feet. (See also Section 20.48.90).

• (Ord. 67 10 § 3.0607, 1967)

Side yards shall be six feet, unless building site is less than sixty feet in width, in which case side yards not less than five feet shall be required.

• (Ord. 67 10 § 3.0608, 1967)

Rear yards shall be twenty feet for main buildings, five feet for accessory buildings.

• (Ord. 67 10 § 3.0609, 1967)

20.17 Regulations For RR-1 Rural Residential Districts

20.17.5 Intent; Purpose

20.17.10 Uses Permitted

20.17.20 Building Height With A Use Permit

20.17.30 Building Height Limit

20.17.40 Minimum Lot Area Required 20.17.50 Minimum Lot Width Required

20.17.60 Percentage Of Lot Coverage Permitted

20.17.70 Front Yard Required

20.17.80 Side Yard Required 20.17.90 Rear Yard Required 20.17.100 Special Yards And Distances Between Buildings Required

This district classification is designed for the orderly development of rural homesites in the one acre category, to encourage a suitable environment for family life for those who desire rural residential land.

Since there is a limited area within the county which is suitable for rural residential land, this district is intended to protect rural residential uses against encroachment by other uses which may be in conflict

therewith. The provisions of this section, therefore, shall be liberally interpreted to apply to rural residential and related services to the end that no other use shall be permitted, and no regulation shall be deemed or construed to interfere with any normal accessory use conducted in conjunction therewith. It is the intention of this section to prevent the further subdividing of rural residential land into lot sizes which might threaten the rural quality of areas zoned RR-1, and changes of zone from RR-1 to another classification are to be made only where such uses are in accord with the general plan.

The following regulations shall apply in all RR districts, subject to the provisions of Chapters 20.46 and 20.48.

• (Ord. 77 27 (part), 1977)

Uses permitted shall be as follows:

1. Single-family dwelling (for mandated standards related to manufactured housing see Section 20.48.130).

2. Accessory dwelling units

3. Junior accessory dwelling units

4. Community Care Facilities for six or fewer people in compliance with Health and Safety Code Section 1566.3 .

5. Child Day Care Home, up to 14 children.

6. Employee housing, up to six residents as specified in the State Employee Housing Act (Health and Safety Code Sections 17000 through 17062.5).

7. Accessory buildings

8. Animal husbandry, where no more than one horse, mule, cow or steer, nor more that five goats, sheep similar livestock are kept for each twenty thousand square feet of lot area.

• • • (Ord. 2023 007 § 30, 2023; Ord. 94 19 § 6 1994 Ord. 77 27 (part), 1977)

Uses permitted with a use permit shall be as follows:

1. Public uses.

2. Home occupations.

3. One noncommercial guest house.

4. Animal husbandry, not to exceed one horse, mule, cow or steer, or more than five goats, sheep or similar livestock for each twenty thousand square feet of lot area, subject to additional conditions as may be imposed by the planning commission.

5. Guest lodging.

• • (Ord. 99 002 (part), 1999: Ord. 77 27 (part), 1977)

Building height limit shall be thirty-five feet.

• (Ord. 77 27 (part), 1977)

Minimum lot area shall be as specified by the planning commission, but in no case less than one acre.

- (Ord. 77 27 (part), 1977)

Minimum lot width shall be one hundred feet.

• (Ord. 77 27 (part), 1977)

Percentage of lot coverage permitted shall be twenty percent.

- (Ord. 77 27 (part), 1977)

Required front yard shall be twenty-five feet. (Also refer to Section 20.48.90).

• (Ord. 77 27 (part), 1977)

Required side yard shall be ten feet unless the building site is less than one hundred feet in width, in which case side yards of ten percent of the width, but not less than five feet, shall be required.

- (Ord. 77 27 (part), 1977)

Required rear yard shall be twenty feet for main building and five feet for accessory building.

- (Ord. 77 27 (part), 1977)

Required rear yard shall be twenty feet for main building and five feet for accessory building.

• (Ord. 77 27 (part), 1977)

20.18 R-2 District - Low Density Multiple Family Residence

20.18.10 Purpose

20.18.20 Permitted Uses

20.18.30 Uses Permitted With A Use Permit

20.18.40 Building Height

20.18.50 Minimum Lot Area

20.18.60 Minimum Lot Width

This district classification is designed to be applied in areas having sufficient services to allow duplexes.

• • (Ord. 80 28 § 4 (part), 1980: Ord. 67 10 § 3.0700, 1967)

Uses permitted shall be as follows:

1. One single-family dwelling or one two-family dwelling (duplex) per building site.

2. Community Care Facilities for six or fewer people in compliance with Health and Safety Code Section 1566.3

3. Accessory dwelling units

4. Junior accessory dwelling units

5. Child Day Care Home, up to 14 children.

6. Mobile Home Parks.

7. Employee housing, up to six residents as specified in the State Employee Housing Act (Health and Safety Code Sections 17000 through 17062.5).

8. Accessory buildings and accessory uses appurtenant to an approved use.

(Ord. 2023-007 § 31, 2023; Ord. 2023-006 § 3 (part), 2023; Ord. 80-28 § 4 (part), 1980: Ord. 67-10 § 3.0701, 1967)

Uses permitted with a use permit shall be as follows:

1. Public and quasi-public uses such as schools, churches, substations and other similar uses, including accessory or ancillary facilities.

2. Home occupations subject to Section 20.04.360.

• • (Ord. 80 28 § 4 (part), 1980: Ord. 67 10 § 3.0702, 1967)

Building height limit shall be thirty-five feet for main buildings and twenty feet for accessory buildings.

• • (Ord. 80 28 § 4 (part), 1980: Ord. 67 10 § 3.0703, 1967)

Minimum lot area shall be seven thousand two hundred square feet (net) unless otherwise specified by a combining D district (Chapter 20.45) or B district (Chapter 20.44). The number of allowed units shall be

one unit for each three thousand six hundred square feet of net lot size, with a maximum of two units per lot.

(Ord. 87-20 Exh. A (part), 1987: Ord. 80-28 § 4 (part), 1980: Ord. 67-10 § 3.0704, 1967)

The minimum lot width shall be sixty feet. The minimum lot length shall not exceed a three-to-one length to width ratio.

• • (Ord. 80 28 § 4 (part), 1980: Ord. 67 10 § 3.705, 1967)

Percentage of lot coverage permitted shall be thirty-five percent.

• • (Ord. 80 28 § 4 (part), 1980: Ord. 67 10 § 3.0706, 1967)

Side yards shall be a minimum of five feet. Front yards shall be a minimum of twenty-five feet. Rear yards shall be a minimum of twenty feet for a main building, five feet for an accessory building.

• • (Ord. 80 28 § 4 (part), 1980: Ord. 67 10 §§ 3.0707, 3.0708, 3.0709, 1967.)

20.20 R-3 District - High Density Multiple Family Residence

20.20.10 Purpose

20.20.20 Permitted Uses

20.20.30 Uses Permitted With Use Permit

20.20.40 Building Height

20.20.50 Minimum Lot Area

20.20.60 Minimum Lot Width

20.20.70 Lot Coverage

20.20.80 Front Yard

20.20.90 Side Yard

20.20.100 Rear Yard

20.20.110 Special Yards For Dwelling Groups

This district classification is designed for high density urban type living preferably where public water or and sewer facilities and roads are available and where it is desirable because of housing demands to build garden type apartments and general apartment type buildings.

The regulations set forth in this chapter apply in all R-3 districts and are subject to the provisions of Chapter 20.46-20.58.

• • (Ord. 87 20 Exh. A (part), 1987: Ord. 67 10 § 3.0800, 1967)

20.20.20 Permitted Uses

Uses permitted shall be as follows:

1. All uses permitted in R-1 and R-2 districts, subject to securing a use permit for any use for which a use permit is required in any R-1 and R-2 district

2. Multiple dwellings and dwelling groups;

3. Accessory dwelling units

4. Junior accessory dwelling units

5. Child Day Care Home, up to 14 children.

6. Transitional housing.

7. Supportive housing.

8. Single-Room Occupancy Units

9. Community Care Facilities for six or fewer people in compliance with Health and Safety Code Section 1566.3

10. Employee housing, up to six residents as specified in the State Employee Housing Act (Health and Safety Code Sections 17000 through 17062.5).

11. Mobile Home Parks.

12. Accessory uses and accessory buildings appurtenant to a permitted use.

• • • (Ord. 2023 007 § 32, 2023; (Ord. 2023 006 § 3 (part), 2023; Ord. 67 10 § 3.0801, 1967)

Uses permitted with a use permit shall be as follows:

1. Hotels, motels, clubs, lodges, and mobile home parks.

2. Hospitals, rest homes, sanitariums and clinics.

3. Mortuaries.

4. Professional offices.

5. Signs, not over twenty square feet and appurtenant to any permitted use wall signs not over ten percent of wall coverage.

• • (Ord. 76 22 § 1 (part), 1976: Ord. 67 10 § 3.0802, 1967)

Building height limit shall be forty-five feet.

• (Ord. 67 10 § 3.0803, 1967)

Minimum lot area shall be seven thousand two hundred square feet. There shall be a minimum (net) lot area of three thousand square feet for each dwelling unit. Where public water and sewer and roads are not available the policies of the general plan and all state and county health regulations shall apply. See also Section 20.48.80.

- - (Ord. 87 20 § 2, Exh. A (part), 1987: Ord. 67 10 § 3.08.04, 1967)

Minimum lot width shall be sixty feet.

• (Ord. 67 10 § 3.0805, 1967)

Percentage of lot coverage permitted shall be sixty percent over twelve thousand square feet, thirty-five percent under twelve thousand square feet. See also Section 20.48.90.

- (Ord. 67 10 § 3.0806, 1967)

Front yards shall be twenty feet. See also Section 20.48.90.

• (Ord. 67 10 § 3.0807, 1967)

Side yards shall be five feet.

• (Ord. 67 10 § 3.0808, 1967)

Rear yards shall be fifteen feet for main buildings, five feet for accessory buildings.

• (Ord. 67 10 § 3.0809, 1967)

For special yards required for dwelling groups, see Sections 20.46.20 and 20.48.100.

- (Ord. 67 10 § 3.0810, 1967)

20.20A MHP Mobilehome Park District

20.20A.10 Intent

20.20A.20 The Principal Permitted Use

20.20A.30 Uses Permitted By Use Permit 20.20A.40 Minimum Lot Size Project Area 20.20A.50 Planning Commission Review

20.20A.10 Intent

It is the intent of the mobile home park district to provide a continued opportunity for low and moderate income housing in the county by providing for the development of mobile home parks in addition to

conventional single-family lot and multifamily structure situations. It is further intended that the district set forth development standards for mobile home parks which may be applied in rural or urban area on a countywide basis. The application of this district must be in areas designated by the general plan and mobile home park. Changes of district from mobile home park to another classification are to be made only where such uses are in accord with the general plan or adopted specific plan.

The regulations set forth in the chapter apply in all MHP districts outside of the California Coastal Zone and are subject to the provisions of Title 20 of this code.

• (Ord. 87 20 § 2, Exh. A (part), 1987)

20.20A.20 The Principal Permitted Use

The principal permitted mobile home park uses includes uses such as:

1. Mobile home parks, where development plans are subject to review by the planning commission for compliance with the intent of the mobile home park development standards and where, at its discretion, the planning commission may require a public hearing in order to address issues particular to the project which are not addressed by the development standards, including the provisions of the California Environmental Quality Act

2. A single-family dwelling with appurtenant uses including home occupations and appurtenant accessory structures..

3. Accessory dwelling units

4. Junior accessory dwelling units

5. Child day care homes, up to 14 children

6. Employee housing, up to six residents as specified in the State Employee Housing Act (Health and Safety Code Sections 17000 through 17062.5).

• • • (Ord. 2023 007 § 33, 2023; Ord. 2023 006 § 3 (part), 2023; Ord. 87 20 § 2, Exh. A (part), 1987)

20.20A.30 Uses Permitted By Use Permit

Uses permitted by use permit shall be as follows:

1. Home occupations within a mobile home park dwelling unit.

2. Recreational vehicle park spaces, where the use is accessory to the mobile home park activity.

• (Ord. 87 20 § 2, Exh. A (part), 1987)

20.20A.40 Minimum Lot Size Project Area

The minimum lot size (project area) shall be one acre. The overall project density (including internal streets, park open space or recreational areas and service facilities) shall be no more than six dwelling units (park spaces) per acre. Where a recreational vehicle park is also permitted, mobile home park density shall be based upon the land area excluding the area used for recreational vehicle park spaces.

• (Ord. 87 20 § 2, Exh. A (part), 1987)

20.20A.50 Planning Commission Review

1. At the time of application to the county building official for a construction permit, copies of all necessary construction and improvement plans shall be made available by the developer for review by the planning commission at a regular scheduled meeting for consistency with the county's adopted mobile home park standards. The commission shall determine whether any additional review under the California Environmental Quality Act is necessary.

2. Prior to issuance of a permit to construct the project, the applicant must submit evidence of approval of the plans by the planning commission, health and local fire department, public works department and any public-operated utility which will provide service to the park.

- (Ord. 87 20 § 2, Exh. A (part), 1987)

20.20B RMHP Rural Mobilehome Park District

20.20B.10 Intent

20.20B.20 The Principal Permitted Use

20.20B.30 Uses Permitted By Use Permit

20.20B.40 Minimum Lot Size Project Area 20.20B.50 Planning Commission Review

20.20B.10 Intent

It is the intent of the rural mobilehome park district to provide an opportunity for low and moderate income housing within the county's rural areas by providing for the development of mobilehome parks at a greater density than generally found in rural areas. It is further intended that the district set forth development standards which may be applied to mobilehome parks in rural areas on a countywide basis. It is not the intent of this district to provide for the development of recreational vehicle park spaces or uses. The application of this district must be in areas designated by the general plan for rural mobilehome park development. Changes of district from rural mobilehome park to another classification are to be made only where such uses are in accord with the general plan or adopted specific plan.

The regulations set forth in this chapter shall apply in all RMPH districts outside of the California Coastal Zone and are subject to the provisions of Title 20 of this code.

• (Ord. 94 03 § 1 (part), 1994)

20.20B.20 The Principal Permitted Use

The principal permitted rural mobilehome park use includes uses such as:

1. Mobilehome parks, where development plans are subject to review by the planning commission for compliance with the intent of the county mobilehome park development standards, and where, at its discretion, the planning commission may require a public hearing in order to address issues particular to the project which are not addressed by the development standards or are required for the purpose of environmental review.

2. A single-family dwelling with appurtenant uses including home occupations and appurtenant accessory structures

3. Accessory dwelling units

4. Junior accessory dwelling units

5. Child day care home, up to 14 children

6. Employee housing, up to six residents as specified in the State Employee Housing Act (Health and Safety Code Sections 17000 through 17062.5).

- - - (Ord. 2023 007 § 34, 2023; Ord. 2023 006 § 3 (part), 2023; Ord. 94 03 § 1 (part), 1994)

20.20B.30 Uses Permitted By Use Permit

Uses permitted by use permit shall be as follows: home occupations within a mobilehome park dwelling unit.

• (Ord. 94 03 § 1 (part), 1994)

20.20B.40 Minimum Lot Size Project Area

The minimum lot size (project area) shall be one acre. The overall project density (including internal streets, park open space, recreational areas, managers unit or service facilities) shall be no more than two dwelling units per acre.

- (Ord. 94 03 § 1 (part), 1994)

20.20B.50 Planning Commission Review

1. At the time of application to the county building official for a construction permit, copies of all necessary construction and improvement plans shall be made available by the developer for review by the planning commission at a regular scheduled meeting for consistency with the county's adopted mobilehome park standards. The commission shall determine whether any additional review for public issues of under the California Environmental Quality Act is necessary.

2. Prior to issuance of a permit to construct the project, the applicant must submit evidence of approval of the plans by the planning commission, health and local fire department, public works/engineering department and any public operated utility which will provide service to the park.

• (Ord. 94 03 § 1 (part), 1994)

20.23 C-R District - Commercial Recreational

20.23.10 Purpose 20.23.20 Permitted Uses 20.23.30 Uses Permitted With A Use Permit 20.23.40 Building Height 20.23.50 Minimum Lot Area 20.23.60 Minimum Lot Width 20.23.70 Lot Coverage 20.23.80 Front Yard

20.23.90 Side Yard

20.23.100 Rear Yard

This district classification is designed to be applied to areas for the use of private lands for visitor-serving commercial recreation (e.g., resorts, recreational vehicle facilities, campgrounds, motor inns, etc.) and their support facilities. Developments within this district shall be designed to enhance public opportunities for recreation and to act as a visual invitation to the tourist traveler.

- (Ord. 77 17 (part), 1977)

Uses permitted shall be as follows:

1. Private or commercial outdoor recreation facilities on sites of not less than five acres including recreational vehicle parks, riding academies and stables, hunting and fishing resorts

2. Single-family dwelling of owner or operator of the site (for mandated standards related to manufactured housing see Section 20.48.130)

3. Accessory dwelling units

4. Junior accessory dwelling units

5. Community Care Facilities for six or fewer people in compliance with Health and Safety Code Section 1566.3

6. Employee housing, up to six residents as specified in the State Employee Housing Act (Health and Safety Code Sections 17000 through 17062.5)

7. Child Day Care Home, up to 14 children

8. Commercial boat ramps, docks, and related facilities Aircraft landing facilities

9. Support facilities to the above items

10. Motels and motor inns

11. Restaurants

12. Golf courses and country clubs

13. Public uses

14. Nonflashing signs appurtenant to any permitted use not exceeding forty square feet in aggregate area.

• • • (Ord. 2023 007 § 35, 2023; Ord. 2023 006 § 3 (part), 2023; Ord. 77 17 (part), 1977)

Uses permitted with a use permit shall be as follows:

1. One noncommercial guest residence.

2. Signs exceeding forty square feet in aggregate area, subject to Title 18.

3. Commercial recreational facilities which are not identified in Section 20.23.20.

4. Antique shops, handicraft and other unique item shops.

5. Self-service laundries.

6. Mobile home or a manufactured home.

• • • (Ord. 95 06 § 5 (part), 1995: Ord. 79 18 § 1 (part), 1979: Ord. 77 17 (part), 1977)

The building height limit shall be thirty-five feet.

• (Ord. 77 17 (part), 1977)

The minimum lot area shall be one acre.

- (Ord. 77 17 (part), 1977)

The minimum lot width shall be 120 feet.

• (Ord. 77 17 (part), 1977)

The maximum lot coverage shall be sixty percent for building and/or user sites.

- (Ord. 77 17 (part), 1977)

The minimum front yard distance shall be twenty feet for any building from the edge of any thoroughfare.

• (Ord. 77 17 (part), 1977)

The side yard minimum shall be ten feet for buildings.

• (Ord. 77 17 (part), 1977)

Rear yards shall be a minimum of ten feet for buildings.

• (Ord. 77 17 (part), 1977)

20.24 C-1 District - Neighborhood Commercial

20.24.10 Purpose

20.24.20 Permitted Use

20.24.30 Uses Permitted With A Use Permit

20.24.60 Lot Coverage

20.24.70 Yard Setbacks

It is the intent of the county to use this C-1 zone district to recognize those types of commercial uses which have been found to be compatible with residential land uses. These uses by their nature are small, non intensive, quiet and designed to be located within a residential neighborhood. The C-1 zone district is therefore consistent with the residential designation of the county general plan land use element.

- - (Ord. 2023 007 § 36, 2023; Ord. 79 20 § 4 (part), 1979)

A. Placement of a single-family dwelling, manufactured home, or mobile home B. Accessory dwelling units C. Junior accessory dwelling units D. Child Day Care Home, up to 14 children E. Employee housing, up to six residents as specified in the State Employee Housing Act (Health and Safety Code Sections 17000 through 17062.5) F. Community Care Facilities for six or fewer people in compliance with Health and Safety Code Section 1566.3.

(Ord. 2023-007 § 37, 2023; Ord. 2023-006 § 3 (part), 2023; Ord. 2000-003 § 2, 2000: Ord. 79-20 § 4 (part), 1979)

Uses permitted with a use permit in a C-1 district shall be as follows:

1. Small retail shops, professional offices, grocery stores and similar uses which, in the opinion of the planning commission, will not be a detriment to the neighborhood in which they are located.

2. Social halls, fraternal lodges, churches and schools.

• (Ord. 79 20 § 4 (part), 1979)

The building height limit in a C-1 district shall be the same as the lowest building height limit of any adjoining residential zone district(s).

• (Ord. 79 20 § 4 (part), 1979)

There shall be no minimum lot area in a C-1 district. Care shall be taken that C-1 zone districts are kept as small as possible to ensure compatibility with adjoining residential districts.

• (Ord. 79 20 § 4 (part), 1979)

Percentage of lot coverage in a C-1 district is up to one hundred percent unless restricted by use permit or setback requirements.

• (Ord. 79 20 § 4 (part), 1979)

Front, rear and side yard setbacks are not required in a C-1 district except where the C-1 abuts a residential district. In such cases the setbacks shall be the same as required in the residential district.

- (Ord. 79 20 § 4 (part), 1979)

Adequate parking spaces shall be provided in a C-1 district. Unless otherwise specified by use permit, Chapter 20.46 (off-street parking) of this title shall determine the number of required spaces.

• (Ord. 79 20 § 4 (part), 1979)

20.26 C-2 District - Light Commercial

20.26.10 Purpose

20.26.20 Permitted Uses

20.26.30 Uses Permitted With Use Permit

20.26.40 Building Height

20.26.50 Minimum Lot Area

20.26.60 Minimum Lot Width

20.26.70 Lot Coverage

20.26.80 Front Yard

20.26.90 Side Yard 20.26.100 Rear Yard

20.26.110 Special Yards Required For Dwelling Groups

This district classification is designed to be applied to areas such as small community shopping centers and business districts which cater to quiet enclosed businesses which are accessory to residential, urban, or suburban living. Shops and services which cater to residential needs are to be encouraged to the exclusion of other businesses.

The regulations set forth in this chapter apply in all C-1 districts and are subject to the provisions of Chapters 20.46-20.58.

- - (Ord. 79 20 § 3 (part), 1979: Ord. 67 10 § 3.1000, 1967)

Uses permitted shall be as follows:

1. Hotels, motels, clubs and lodge halls, hospitals, sanitariums and clinics

2. Retail stores and shops of a light commercial character and conducted within a building including appliance stores, bakeries, banks, barber shops, beauty parlors, boat and trailer sales yards, book stores, bus terminals, cleaner and laundry agencies, commercial recreation facilities, department stores, dress shops, drug stores, furniture stores, grocery stores, general merchandising establishments, launderettes, millinery shops, new and used car sales, office buildings, professional offices, real estate offices, regional shop-ping centers, restaurants, refreshment stands, service stations, shoe shops, storage garages, studios, theaters, tailor shops, and other uses which are of similar character to those enumerated and which will not be detrimental or obnoxious to the neighborhood in which they are to be located, except those which contain department store, variety store or dry goods sales area of greater than five thousand square feet

3. Agriculture where site area is one acre or more

4. Accessory buildings and accessory uses appurtenant to a permitted use

5. Accessory dwelling units subject to having a legal conforming or non-conforming residence on the property

6. Junior accessory dwelling units subject to having a legal conforming or non-conforming residence on the property

7. Low-barrier Navigation Centers as specified in the Government Code Sections 65660 through 65668.

• • • • (Ord. 2023 007 § 38, 2023; Ord. 2023 006 § 3 (part), 2023; Ord. 79 24 (part), 1979: Ord. 79 20 § 3 - (part), 1979: Ord 67 10 § 3.1001, 1967)

Uses permitted with a use permit shall be as follows:

1. Public and quasi-public uses

2. Mobile home parks

3. Mobile home

4. Single-family dwelling (for mandated standards related to manufactured housing see Section 20.48.130)

5. Multiple dwellings and dwelling groups subject to the height limit, building site area, average lot width and yard requirements specified for R-3 districts

6. Transitional housing

7. Employee housing, up to six residents as specified in the State Employee Housing Act (Health and Safety Code Sections 17000 through 17062.5)

8. Supportive Housing

9. Single-Room Occupancy

• • • • (Ord. 2023 007 § 39. 2023; Ord. 95 06 § 5 (part), 1995: Ord. 79 24 (part), 1979: Ord. 79 20 § 3 (part), - - 1979: Ord. 76 22 § 1 (part), 1976: Ord. 67 10 § 3.1002, 1967)

Building height limit shall be forty-five feet.

• • (Ord. 79 20 § 3 (part), 1979: Ord. 67 10 § 3.1003, 1967)

Minimum lot area shall be none where both a public or mutual water supply and public sanitary system is available, and twelve thousand square feet where both public or mutual water supply and public sanitary system are not available. Where water and sanitary facilities are contained on the property, all state and county health regulations shall apply. See also Section 20.48.80.

• • (Ord. 79 20 § 3 (part), 1979: Ord. 67 10 § 3.1004, 1967)

Minimum lot width shall be twenty-five feet.

• • (Ord. 79 20 § 3 (part), 1979: Ord. 67 10 § 3.1005, 1967)

Percentage of lot coverage permitted shall be up to one hundred percent of the building site where both a public or mutual water supply and public sanitary system are available. Where water and sanitary facilities are contained on the property adequate yard space shall be provided. See also Section 20.48.90.

• • (Ord. 79 20 § 3 (part), 1979: Ord. 67 10 § 3.1006, 1967)

Front yards shall be none, except as provided in Section 20.48.90. On corner lots or where frontage in a block is partially in an R district, the front yard shall be one-half that required in such R district, or not less than ten feet.

• • (Ord. 79 20 § 3 (part), 1979: Ord. 67 10 § 3.1007, 1967)

Side yards shall be none, except where the side of a lot abuts upon the side of a lot in an R district, in which case the abutting side yard shall be not less than five feet. Where the side yard on the street side of a corner lot abuts on an R district, the side yard on the street side shall comply with the standard corner lot setbacks adjacent to key lots.

• • (Ord. 79 20 § 3 (part), 1979: Ord. 67 10 § 3.1008, 1967)

20.26.100 Rear Yard

Rear yards shall be none.

• • (Ord. 79 20 § 3 (part), 1979: Ord. 67 10 § 3.1009, 1967)

For special yards required for dwelling groups, see Section 20.48.100.

• • (Ord. 79 20 § 3 (part), 1979: Ord. 67 10 § 3.1010, 1967)

20.28 C-3 District - Central Business

20.28.10 Purpose 20.28.20 Permitted Uses 20.28.30 Uses Permitted With Use Permit 20.28.40 Building Height 20.28.50 Minimum Lot Area 20.28.60 Minimum Lot Width

20.28.70 Lot Coverage 20.28.80 Front Yard

20.28.90 Side Yard 20.28.100 Rear Yard

20.28.110 Special Yards For Dwelling Groups 20.28.120 Parking Areas

This district classification is intended to be applied to areas such as would be developed into a "downtown" or central shopping area which cater to shoppers in a high density urban area.

The regulations set forth in this chapter apply in all C-2 districts and are subject to the provisions of Chapters 20.46 - 20.58.

• • (Ord. 79 20 § 2 (part), 1979: Ord. 67 10 § 3.1100, 1967)

Uses permitted shall be as follows:

1. Hotels, motels, clubs and lodge halls, hospitals, sanitariums and clinics retail stores of a light commercial character conducted within a building storage garages, offices, out-door sales yards of automobiles and boats, commercial recreation facilities, restaurants, theaters, and other uses which are of similar character to those enumerated and which will not be detrimental or obnoxious to the neighborhood in which they are to be located accessory buildings and accessory uses appurtenant to a permitted use.

2. Department stores, regional shopping centers, general merchandise sales establishments using more than five thousand square feet of floor area, furniture sales, theaters, hotels, bus terminals,

and office buildings

3. Accessory uses and buildings appurtenant to any permitted use

4. Accessory dwelling units subject to having a legal conforming or non-conforming residence on the property

5. Junior accessory dwelling units subject to having a legal conforming or non-conforming residence on the property

6. Low-barrier Navigation Centers as specified in the Government Code Sections 65660 through 65668.

• • • • (Ord. 2023 007 § 40, 2023; Ord. 2023 006 § 3 (part), 2023; Ord. 79 24 (part), 1979: Ord. 79 20 § 2 - (part), 1979: Ord. 67 10 § 3.1101, 1967)

1. Uses permitted with a use permit shall be public and quasi-public uses

2. Multiple dwellings and dwelling groups, subject to the height limit, building site area, average lot width, and yard requirements specified for R-3 districts.

3. Transitional housing

4. Supportive Housing

5. Single-Room Occupancy

6. Employee housing, up to six residents as specified in the State Employee Housing Act (Health and Safety Code Sections 17000 through 17062.5).

• • • • (Ord. 2023 007 § 41, 2023; Ord. 79 24 (part), 1979: Ord. 79 20 § 2 (part), 1979: Ord. 67 10 § 3.1101, 1967)

Building height limit shall be forty-five feet.

• • (Ord. 79 20 § 2 (part), 1979: Ord. 67 10 § 3.1103, 1967)

Minimum lot area shall be none, where both a public or mutual water supply and public sanitary system is available, and twelve thousand square feet where both public or mutual water supply and public sanitary system are not available. Where water and sanitary facilities are contained on the property, all state and county health regulations shall apply. See also Section 20.48.80.

• • (Ord. 79 20 § 2 (part),1979: Ord. 67 10 § 3.1104, 1967)

Minimum lot width shall be twenty feet.

• • (Ord. 79 20 § 2 (part), 1979: Ord. 67 10 § 3.1105, 1967)

Percentage of lot coverage permitted shall be up to one hundred percent of the building site where both a public or mutual water supply and public sanitary system are available. Where water and sanitary facilities are contained on the property adequate yard space shall be provided. See also Section 20.48.80.

• • (Ord. 79 20 § 2 (part), 1979: Ord. 67 10 § 3.1106, 1967)

Front yards shall be none, except as provided in Section 20.48.90. Where frontage in a block is partially in an R district, the front yard shall be one-half that required in such R district or not less than ten feet.

• • (Ord. 79 20 § 2 (part), 1979: Ord. 67 10 § 3.1107, 1967)

Side yards shall be none, except where the side of a lot abuts upon the side of a lot in an R district, in which case the abutting side yard shall not be less than five feet. Where the side yard on the street side of a corner lot abuts on an R district, the side yard on the street side shall comply with the standard corner lot setbacks adjacent to key lots.

• • (Ord. 79 20 § 2 (part), 1979: Ord. 67 10 § 3.1108, 1967)

Rear yard shall be none.

• • (Ord. 79 20 § 2 (part), 1979: Ord. 67 10 § 3.1109, 1967)

For special yards required for dwelling groups, see Section 20.48.100.

• • (Ord. 79 20 § 2 (part), 1979: Ord. 67 10 § 3.1110, 1967)

For parking areas, see Section 20.46.20.

• • (Ord. 79 20 § 2 (part), 1979: Ord. 67 10 § 3.1111, 1967)

20.29 C-4 District - General Commercial

20.29.10 Purpose

20.29.20 Permitted Uses 20.29.30 Uses Permitted With A Use Permit 20.29.40 Building Height 20.29.50 Minimum Lot Area 20.29.60 Minimum Lot Width 20.29.70 Lot Coverage 20.29.80 Front Yard

20.29.90 Side Yard

20.29.100 Rear Yard

20.29.110 Special Yards For Dwellings

20.29.120 Parking Areas

This district classification is intended to be applied to areas in which heavy commercial and light manufacturing uses of the nonnuisance type and large administrative facilities are the desired predominant uses.

The regulations set forth in this chapter apply in all C-4 districts, and are subject to the provisions of Chapters 20.46-20.58.

• • (Ord. 79 20 § 1 (part), 1979: Ord. 67 10 § 3.1200, 1967)

Uses permitted shall be as follows:

A. Hotels, motels, clubs and lodge halls, hospitals, sanitariums and clinics retail stores of a light commercial character conducted within a building storage garages, offices, outdoor sales yards of automobiles and boats, commercial recreation facilities, restaurants, theaters, and other uses which are of similar character to those enumerated and which will not be detrimental or obnoxious to the neighborhood in which they are to be located accessory buildings and accessory uses appurtenant to a permitted use B. Storage and warehousing, bottling works, carpenter shops, machine shops, plumbing shops, public garages, welding shops, and other uses of a similar character but not including sawmills and planing mills C. Manufacture of clothing, handicraft products, printing, lithographing and other light manufacturing or industrial uses of a similar character D. Manufacture of food products, and pharmaceuticals but not including the production of fish, meat products, vinegar, or sauerkraut or the like E. Accessory uses and buildings appurtenant to a permitted use F. Accessory dwelling units subject to having a legal conforming or non-conforming residence on the property G. Junior accessory dwelling units subject to having a legal conforming or non-conforming residence on the property H. Multiple dwellings and dwelling groups on the following APNs per the Housing Element, 116-263-010, 116-263-011, and 116-263-021.

Development on these parcels are subject to the height limit, building site area, average lot width, and yard requirements specified for R-3 districts and shall include 20 percent or more of its units to be affordable to lower income households I. Low-barrier Navigation Centers as specified in the Government Code Sections 65660 through 65668.

• • • • (Ord. 2023 007 § 42, 2023; Ord. 2023 006 § 3 (part); 2023; Ord. 79 24 (part), 1979: Ord. 79 20 § 1 - - - (part), 1979: Ord. 76 22 § 1 (part), 1976: Ord. 70 7 § 2 (part), 1970: Ord. 67 10 § 3.1201, 1967)

20.29.30 Uses Permitted With A Use Permit

Uses permitted with a use permit shall be as follows: Public and quasi-public uses

1. Animal hospitals, enclosed kennels and veterinary clinics Drive-in theaters

2. Single-family dwelling, or mobile home, or manufactured home subject to the height limit, building site area, average lot width, and yard requirements for R-3 districts

3. Employee housing, up to six residents as specified in the State Employee Housing Act (Health and Safety Code Sections 17000 through 17062.5)

4. Contractor yards, lumber yards, storage yards Mobile home park

5. Multiple dwellings, and dwelling groups subject to the height limit, building site area, average lot width, and yard requirements for R-3 districts

• • • • (Ord. 2023 007 § 43, 2023; Ord. 95 06 § 5 (part), 1995: Ord. 79 20 § 1 (part),1979: Ord. 67 10 § 3.1202, 1967)

Building height limit shall be forty-five feet.

• • (Ord. 79 20 § 1 (part), 1979: Ord. 67 10 § 3.1203, 1967)

Minimum lot area shall be none where both a public or mutual water supply and public sanitary system is available, and twelve thousand square feet where both public or mutual water supply and public sanitary system are not available. Where water and sanitary facilities are contained on the property, all state and county health regulations shall apply. See also Section 20.48.80.

• • (Ord. 79 20 § 1 (part), 1979: Ord. 67 10 § 3.1204, 1967)

Minimum lot width shall be twenty-five feet.

• • (Ord. 79 20 § 1 (part), 1979: Ord. 67 10 § 3.1205, 1967)

Percentage of lot coverage permitted shall be up to one hundred percent of the building site where both a public or mutual water supply and public sanitary system are available. Where water and sanitary facilities are contained on the property adequate yard space shall be provided. See also Section 20.48.80.

• • (Ord. 79 20 § 1 (part), 1979: Ord. 67 10 § 3.1206, 1967)

Front yards shall be none, except as provided in Section 20.48.90. Where frontage in a block is partially in an R district, the front yard shall be one-half that required in such R district or not less than ten feet.

• • (Ord. 79 20 § 1 (part), 1979: Ord. 67 10 § 3.1207, 1967)

Side yards shall be none, except where the side of a lot abuts upon the side of a lot in an R district, in which case the abutting side yard shall not be less than five feet. Where the side yard on the street side of a corner lot abuts on an R district, the side yard on the street side shall comply with the standard corner lot setback adjacent to key lots.

• • (Ord. 79 20 § 1 (part), 1979: Ord. 67 10 § 3.1208, 1967)

Rear yards shall be none.

• • (Ord. 79 20 § 1 (part), 1979: Ord. 67 10 § 3.1209, 1967)

For special yards required for dwelling groups, see Section 20.48.100.

• • (Ord. 79 20 § 1 (part), 1979: Ord. 67 10 § 3.1210, 1967)

For parking areas, see Section 20.46.20.

• • (Ord. 79 20 § 1 (part), 1979: Ord. 67 10 § 3.1211, 1967)

• 20.30 M District Manufacturing And Industrial

20.30.10 Purpose 20.30.20 Permitted Uses 20.30.30 Uses Permitted With Use Permit 20.30.40 Building Height 20.30.50 Minimum Lot Area

20.30.60 Minimum Lot Width

20.30.70 Lot Coverage 20.30.80 Front Yard 20.30.90 Side Yard 20.30.100 Rear Yard 20.30.110 Parking Areas

This district classification is intended to apply to areas suited to normal operations of industries, subject only to such regulations as are needed to control congestion and protect surrounding areas.

The regulations set forth in this chapter apply in all M districts and are subject to the provisions of Chapters 20.46-20.58.

• (Ord. 67 10 § 3.1300, 1967)

Uses permitted shall be as follows:

1. All commercial uses permitted in C-3 districts (except residential buildings) and all other commercial and manufacturing uses except as set forth in Section 20.30.30.

2. Accessory uses appurtenant to a permitted use including watchman's residences.

- (Ord. 67 10 § 3.1301, 1967)

Uses permitted with a use permit shall be as follows:

1. Airports.

2. Animal hospitals, enclosed kennels, and veterinary clinics.

3. Commercial cannabis cultivation.

4. Commercial excavation of stone or earth materials.

5. Distillation of bones.

6. Drilling for and/or removal of oil or gas.

7. Dumping, disposal, incineration or reduction of garbage, sewage, offal, dead animals or refuse.

8. Fat rendering.

9. Hog ranches.

10. Junkyards, wrecking yards, contractor yards, lumber yards and storage yards.

11. Fish or meat processing.

12. Manufacturing of acid, chemicals, cement, explosives, fireworks, fertilizer, gas, glue, gypsum, inflammable fluids or gases.

13. Professional offices.

14. Pulp mills and paper mills.

15. Refining of petroleum and its products.

16. Sawmills and planing mills.

17. Smelting of copper, iron, tin, zinc, and other ores.

18. Stockyards and slaughterhouses.

19. Tanneries.

20. Other uses which might be objectionable by reason of production or emission of noise, offensive odor, smoke, dust, bright lights, vibration or involving the handling of explosive or dangerous materials.

• • • (2018 013 §5, 2018: Ord. 70 7 § 2 (part) 1970: Ord. 67 10 § 3.102, 1967)

Building height limit shall be seventy-five feet.

• (Ord. 67 10 § 3.1303, 1967)

Minimum lot area shall be none, where both a public or mutual water supply and public sanitary system is available, and twelve thousand square feet where both public or mutual water supply and public sanitary system are not available. Where water and sanitary facilities are contained on the property, all state and county health regulations shall apply. See also Section 20.48.80.

• (Ord. 67 10 § 3.1304, 1967)

Minimum lot width shall be twenty-five feet.

• (Ord. 67 10 § 3.1305, 1967)

Percentage of lot coverage permitted shall be up to one hundred percent of the building site where both a public or mutual water supply and public sanitary system are available. Where water and sanitary facilities are contained on the property adequate yard space shall be provided. See also Section 20.48.80.

- (Ord. 67 10 § 3.1306, 1967)

Front yards shall be none, except as provided in Section 20.48.90. Where frontage in a block is partially in an R district, the front yard shall be one-half that required in such R district or not less than ten feet.

- (Ord. 67 10 § 3.1307, 1967)

Side yards shall be none, except where the side of a lot abuts upon the side of a lot in an R district, in which case the abutting side yard shall not be less than five feet. Where the side yard on the street side of a corner lot abuts on an R district, the side yard on the street side shall comply with the standard corner lot setback adjacent to a key lot.

• (Ord. 67 10 § 3.1308, 1967)

Rear yards shall be none.

• (Ord. 67 10 § 3.1309, 1967)

For parking areas, see Section 20.46.20.

• (Ord. 67 10 § 3.1310, 1967)

20.31 Regulations For "MP" Manufacturing And Industrial Performance Districts

20.31.5 Intent; Applicability

20.31.10 Uses Permitted

20.31.20 Uses Permitted With A Use Permit

20.31.30 Building Height Limit

20.31.40 Minimum Lot Area Required

20.31.50 Minimum Lot Width

20.31.60 Percentage Of Lot Coverage Permitted

20.31.70 Front Yard Required 20.31.80 Side Yard Required 20.31.90 Rear Yard Required 20.31.100 Performance Standards

This district classification is intended to apply to areas suited to. normal operations of industries, subject to such regulations as arc necessary to protect the public health, safety, convenience and general welfare within the district and adjacent districts. All uses shall be subject to the use performance standards set forth in Section 20.40.20. No MP district shall be located adjacent to an R district.

The following regulations shall apply in all MP districts and shall be subject to the provisions of Chapters 20.46 and 20.48 of this code.

• (Ord. 74 12 § 3 (part), 1974)

Uses permitted with a use permit shall be as follows:

1. Airports.

2. Commercial excavation of rock, gravel and stone or earth materials, including mining.

3. Distillation of bones.

4. Drilling for, extraction of and/or refining of oil, gas a id/or petroleum and its products.

5. Dumping, disposal, incineration or reduction of garbage, sewage, sewage effluent, sewage sludge, offal, dead animals or refuse.

6. Fat rendering.

7. Junkyards, wrecking yards, contractor's yards, lumber yards and storage yards.

8. Fish and meat processing.

9. Manufacturing of acid, beverages, chemicals, cement, explosives, fireworks, fertilizer, fuels, gas, glue, gypsum, flammable fluids or gases, ordnance, jet or rocket propulsion units.

10. Professional offices.

11. Animal hospitals, veterinary clinics and enclosed kennels.

12. Sawmills and planing mills.

13. Smelting or reduction of aluminum, copper, iron, tin, zinc or other ores.

14. Stockyards and slaughter houses.

15. Tanneries.

16. Pulp mills and paper mills.

17. Other uses which, in the opinion of the planning commission, would be appropriate and compatible subject to such conditions as the commission may deem necessary to impose in the discretionary issuance of a use permit.

• (Ord. 74 12 § 3 (part), 1974)

Uses permitted with a use permit shall be as follows:

1. Airports.

2. Commercial excavation of rock, gravel and stone or earth materials, including mining.

3. Distillation of bones.

4. Drilling for, extraction of and/or refining of oil, gas a id/or petroleum and its products.

5. Dumping, disposal, incineration or reduction of garbage, sewage, sewage effluent, sewage sludge, offal, dead animals or refuse.

6. Fat rendering.

7. Junkyards, wrecking yards, contractor's yards, lumber yards and storage yards.

8. Fish and meat processing.

9. Manufacturing of acid, beverages, chemicals, cement, explosives, fireworks, fertilizer, fuels, gas, glue, gypsum, flammable fluids or gases, ordnance, jet or rocket propulsion units.

10. Professional offices.

11. Animal hospitals, veterinary clinics and enclosed kennels.

12. Sawmills and planing mills.

13. Smelting or reduction of aluminum, copper, iron, tin, zinc or other ores.

14. Stockyards and slaughter houses.

15. Tanneries.

16. Pulp mills and paper mills.

17. Other uses which, in the opinion of the planning commission, would be appropriate and compatible subject to such conditions as the commission may deem necessary to impose in the discretionary issuance of a use permit.

• (Ord. 74 12 § 3 (part), 1974)

Building height limit shall be seventy-five feet.

• (Ord. 74 12 § 3 (part), 1974)

Minimum lot area shall be none, where both a public or mutual water supply and public sewage collection system are available, and as specified by the planning commission but in no case less than twenty thousand square feet where both public or mutual water supply and public sanitary system are not

available. Where water and sanitary facilities are contained on the property, all state and comity health regulations shall apply. See also Section 20.48.80.

• (Ord. 74 12 § 3 (part), 1974)

Minimum lot width shall be twenty-five feet where both a public or mutual water supply and a public sewage collection system are available where either a public or mutual water supply or a public sewage collection system is not available the lot width shall be as specified by the planning commission but in no case less than twenty-five feet.

• (Ord. 74 12 § 3 (part), 1974)

Percentage of lot coverage permitted shall he up to one hundred percent of the building site where both a public or mutual water supply and a public sewage collection system are available. Where water and sanitary facilities are contained on the property, adequate yard space shall be provided. See also Section 20.48.80.

• (Ord. 74 12 § 3 (part), 1974)

Required front yard shall be thirty feet, except as provided in Section 20.48.90.

- (Ord. 74 12 § 3 (part), 1974)

Required side yard shall be none, except that the side yard on the street side of a corner lot shall be no less than thirty feet.

• (Ord. 74 12 § 3 (part), 1974)

Required rear yard shall be none.

• (Ord. 74 12 § 3 (part), 1974)

All activities allowed in the MP district shall be subject to the following limitations of their external effects and such limitations shall be a condition of all uses permitted in the district.

1. Noise or vibration created by or resulting directly or indirectly from any industrial machinery or process shall not be discernible without instruments at the lot boundaries.

2. Odors, glare or heat created by or resulting directly or indirectly from any use shall not be perceptible at any point beyond the lot boundaries.

3. Discharge into the atmosphere of air contaminants including, but not limited to, sulphur compounds, nitrogen compounds, smoke, charred paper, dust, soot, grime, carbon, noxious acids, fumes, gases, mist, odors or particulate matter or any combination thereof, from any single source of emission whatsoever for a period or periods aggregating more than three minutes in any one hour shall be permitted which:

   1. Exceeds the legally permissible discharge limits, herein prescribed as follows: sulfur dioxide, carbon monoxide, oxidant, hydrocarbons and nitrogen dioxide shall be less than set forth as national standard in "Table I," Rules and Regulations, Del Norte County air pollution control district particulate matter, visibility reducing particles, lead, hydrogen sulfide and nitrogen dioxide shall be less than set forth as California standard in "Table I," Rules and Regulations, Del Norte County air pollution control district or additional or more restrictive emission limits as prescribed by the county air pollution control officer, or

   2. Is as dark or darker in shade as that designated as No. 2 on the Ringlemann Chart, as published by the United States Bureau of Mines, or

   3. Is of such opacity as to obscure an observer's view to a degree equal to or greater than the smoke described in 2 above except that

   4. Subparagraphs 2 and 3 above shall not apply when the presence of uncombined water is the only reason for the failure of the emission to meet the requirements of this subsection.

4. Industrial activities shall be of such nature as not to cause damage or jeopardy to the health or safety of persons, animals, vegetation or any form of real or personal property.

5. Water supply, drainage, rubbish and waste disposal systems and practices shall conform to all applicable codes and standards relating to public safety, health, sanitation and/or public works of the county.

• (Ord. 74 12 § 3 (part), 1974)

20.32 P-C District - Planned Community

20.32.10 Purpose 20.32.20 Approval Of Development Plans Required 20.32.30 Application For Use Permit 20.32.40 Permitted Uses

This district classification is applicable to parcels of land which are suitable for and of sufficient size to contain a planned development comprised of one or more land uses which arc compatible and are integrated to the districts adjacent to the parcel, and to affect a design control over the development.

The regulations set forth in this chapter apply in all P-C districts and are subject to the provisions of Chapters 20.46-20.58, except that where apparent conflict in regulations occurs, the regulations specified in this chapter shall apply.

• (Ord. 67 10 § 3.1400, 1967)

P-C districts may be established on parcels of land containing a minimum of one acre, and which are suitable for a planned community for which complete development plans have been submitted to and approved by the planning commission.

• (Ord. 67 10 § 3.1401, 1967)

Application for the establishment of a P-C district includes an application for a use permit for all developments within the district. Such application for a use permit includes the following:

1. A map or maps showing:

   1. Topography of the land. Show one foot contour interval where the natural terrain is in general under twenty percent slope and five foot contours on terrain of over twenty percent slope,

   2. Proposed street system and lot design,

   3. Areas proposed to be dedicated or reserved for parks, parkways, playgrounds, school sites, public or quasi-public buildings and other such uses,

   4. Areas proposed for commercial uses, off-street parking, multiple and single family dwellings and all other uses proposed to be established within the district,

   5. Proposed locations of buildings on the land.

2. Elevations of all proposed buildings and structures other than single family residences.

3. Other data and information which may be deemed necessary by the planning commission for proper consideration of the application.

• (Ord. 67 10 § 3.1402, 1967)

Uses permitted shall be as follows:

1. All uses permitted in R-1, R-2, R-3, C-1, and F-R districts, subject to the securing of a use permit as specified in Section 20.32.030

2. Mobile home subdivisions

3. Additional uses which are, in the opinion of the planning commission, proper uses to be included in the total development within a particular P-C district

4. Standards for building heights, area, coverage, density, yard requirements, parking and screening for P-C uses shall be determined by the planning commission, and shall be governed by standards of the residential, commercial or other districts most similar in nature and function to the proposed P-C uses

5. Accessory dwelling units subject to having a legal conforming or non-conforming residence on the property

6. Junior accessory dwelling units subject to have a legal conforming or non-conforming residence on the property.

• • • • (Ord. 2023 007 § 44, 2023; Ord. 2023 006 § 3 (part), 2023; Ord. 95 06 § 9 (part), 1995: Ord. 67 10 § 3.1403, 1967)

20.34 FR-2 Forest-Recreation Districts

20.34.5 Intent; Applicability

20.34.10 Uses Permitted

20.34.20 Uses Permitted With A Use Permit

20.34.30 Building Height Limit

20.34.40 Minimum Lot Area Required

20.34.50 Front Yard Required 20.34.60 Side Yard Required 20.34.70 Rear Yard Required

20.34.80 Percentage Of Lot Coverage Permitted

1. This district classification is to be applied to areas where recreation, conservation and recreational development would be more desirable uses than any other uses to the extent that other uses would reduce or destroy the conservation or recreational value of the area. The nature of the FR-2 district classification is that of a transition between more intensive uses and the state and federal lands in the county, and the planning commission shall recognize the transitional nature of the district in considering lot sizes, use permit applications and other discretionary matters.

2. The FR-2 district classification is intended to be applied to areas adjacent to or in close proximity to national parks, state parks and national forest lands.

3. The following regulations shall apply in all FR-2 districts, subject to the provisions of Chapters 20.46 and 20.48 of this code.

• (Ord. 74 12 § 3 (part), 1974)

Uses permitted include the following:

1. Single-family dwelling (for mandated standards related to manufactured housing see Section 20.48.130)

2. Accessory dwelling units

3. Junior accessory dwelling units

4. Child Day Care Home, up to 14 children

5. Hunting and fishing camps

6. Pack stations

7. Home occupations

8. Agriculture

9. Employee housing, up to six residents as specified in the State Employee Housing Act (Health and Safety Code Sections 17000 through 17062.5)

10. Employee housing, agriculture, up to 12 dwelling units or 36 beds as specified in the State Employee Housing Act (Health and Safety Code Sections 17000 through 17062.5)

11. One guest cottage for the use of friends, relatives and bona fide visitors, in conjunction with a single-family residence

12. Animal husbandry, where no more than one horse, mule, cow or street, nor more than five goats, sheep or similar livestock are kept for each twenty thousand square feet of lot area.

• • • • (Ord. 2023 007 § 45, 2023; Ord. 2023 006 § 3 (part), 2023; Ord. 95 17 § 5(1), 1995: Ord. 94 19 § 7, 1994; - - Ord. 76 22 § 1 (part), 1976: Ord. 74 12 § 3 (part), 1974)

Uses permitted with a use permit shall be as follows:

1. Guest ranches, public stables, private stables;

2. Logging;

3. Country clubs, golf courses;

4. Animal husbandry, where more than one horse, mule, cow or steer, or more than five goats, sheep or similar livestock are kept for each twenty thousand square feet of lot area;

5. A mobile home in lieu of a conventional residential unit or a manufactured home;

6. Sales stands for fruits and vegetables, provided that the majority of the produce sold or offered for sale is grown on the premises;

7. Recreational vehicle park.

• • • • (Ord. 95 17 § 5(2), 1995; Ord. 95 06 § 5 (part), 1995; Ord. 94 19 § 8, 1994; Ord. 76 22 § 1 (part), 1976: - Ord. 74 12 § 3 (part), 1974)

Building height limit shall be thirty-five feet.

• (Ord. 74 12 § 3 (part), 1974)

Minimum lot are shall be as specified by the planning commission, but in no case less than two acres.

• (Ord. 74 12 § 3 (part), 1974)

Required front yard shall be forty feet, except as provided in Section 20.48.100. Also refer to Section 20.48.90.

• (Ord. 74 12 § 3 (part), 1974)

Required side yard shall be fifteen feet, except as provided in Section 20.48.100.

• (Ord. 74 12 § 3 (part), 1974)

Required rear yard shall be, except as required by Section 20.48.100, fifty feet for main buildings, thirty feet for accessory buildings.

• (Ord. 74 12 § 3 (part), 1974)

Percentage of lot coverage permitted shall be twenty percent.

• (Ord. 74 12 § 3 (part), 1974)

20.35 FR-1 District - Forest And Recreation

20.35.10 Purpose

20.35.20 Permitted Uses

20.35.30 Uses Permitted With A Use Permit

20.35.40 Building Height

20.35.50 Minimum Lot Area

20.35.60 Front Yard

20.35.70 Side Yard 20.35.80 Rear Yard 20.35.90 Lot Coverage

This district classification applies to areas where recreation and recreational development would be more desirable use than any other development to the extent that other development would hamper or destroy the recreational value of the area.

The regulations set forth in this chapter apply in all FR-1 districts, subject to the provisions of Chapters 20.46-20.58.

• • (Ord. 74 12 § 2 (part), 1974: Ord. 67 10 § 3.1500, 1967)

Uses permitted shall be as follows:

1. Single-family dwelling (for mandated standards related to manufactured housing see Section 20.48.130)

2. Accessory dwelling units

3. Junior accessory dwelling units

4. Employee housing, agriculture, up to 12 dwelling units or 36 beds as specified in the State Employee Housing Act (Health and Safety Code Sections 17000 through 17062.5)

5. Employee housing, up to six residents as specified in the State Employee Housing Act (Health and Safety Code Sections 17000 through 17062.5)

6. Child Day Care Home, up to 14 children

7. Vacation cottages

8. Hunting and fishing camps

9. Guest ranches, public stables, private stables

10. Pack stations

11. Logging

12. Country clubs, golf courses

13. Home occupations

14. Agriculture

15. Other similar uses which in the opinion of the planning commission are not detrimental to the full use and enjoyment of the county's recreational and forest resources

16. Animal husbandry, where no more than one horse, mule, cow or steer, nor more than five goats, sheep or similar livestock are kept for each twenty thousand square feet of lot area.

• • • • (Ord. 2023 007 § 46, 2023; Ord. 2023 006 § 3 (part), 2023; Ord. 95 17 § 5(3), 1995: Ord. 94 19 § 9, - - 1994: Ord. 74 12 § 2 (part), 1974: Ord. 67 10 § 3.1501, 1967)

Uses permitted with a use permit shall be as follows:

1. Airports.

2. A mobile home in lieu of a conventional residential unit or a manufactured home.

3. Sales stands for fruits and vegetables.

4. Hotels, motels.

5. Indoor recreation facilities.

6. Drive-in theaters.

7. Excavation of rock, gravel and sand.

8. Rock crushers.

9. Oil and gas drilling.

10. Mining.

11. Animal husbandry, where no more than one horse, mule, cow or steer, nor more than five goats, sheep or similar livestock are kept for each twenty thousand square feet of lot area.

12. Recreational vehicle parks.

13. Logging.

• • • • (Ord. 95 17 § 5(4), 1995: Ord. 95 06 § 5 (part), 1995: Ord. 94 19 § 9, 1994: Ord. 79 18 § 1 (part), 1979: - - - Ord. 76 22 § 1 (part), 1976: Ord. 74 12 § 2 (part), 1974: Ord. 67 10 § 3.1502, 1967)

Building height limit shall be thirty-five feet.

- - (Ord. 74 12 § 2 (part), 1974: Ord. 67 10 § 3.1503, 1967)

Minimum lot area shall be one acre.

• • • (Ord. 76 22 § 1 (part), 1976: Ord. 74 12 § 2 (part), 1974: Ord. 67 10 § 3.1504, 1967)

Front yards shall be thirty feet. See also Section 20.48.90.

• • (Ord. 74 12 § 2 (part), 1974: Ord. 67 10 § 3.1505, 1967)

Side yards shall be ten feet unless the building site is less than one hundred feet in width in which case side yards of ten percent of such width, but not less than five feet, shall be required.

• • (Ord. 74 12 § 2 (part), 1974: Ord. 67 10 § 3.1506, 1967)

Rear yards shall be twenty feet for main buildings, five feet for accessory buildings.

• • (Ord. 74 12 § 2 (part), 1974: Ord. 67 10 § 3.1507, 1967)

Percentage of lot coverage permitted shall be thirty percent.

• • (Ord. 74 12 § 2 (part), 1974: Ord. 67 10 § 3.1508, 1967)

- 20.36 CBCD District Cannabis Business Combining District

20.36.10 Intent

20.36.20 General Regulations

20.36.30 Uses Permitted With A Use Permit

The intent of the Cannabis Business Combining District is to provide for the placement of commercial cannabis activity within appropriate commercial and manufacturing zones, to protect the public health, safety and welfare. The Cannabis Business Combining District shall be applied to C-2, C-3, C-4, C-R and M Zone Districts in the unincorporated area within the Crescent City Urban Boundary and the Smith River Community Services District Boundary as defined by the Del Norte Local Agency Formation Commission.

(Ord. 2020-007 § 1 (part), 2020: Ord. 2018-010 § 1 (part), 2018)

In a district which is combined with a Cannabis Business Combining District, the regulations set forth in this chapter apply in addition to the respective regulations specified for such district. A use permit for cannabis manufacturing shall only be issued in commercial zones where manufacturing is consistent with other conditionally permitted uses. There shall be no principally permitted uses in a zone combined with the Cannabis Business Combining District other than those permitted in the underlying district.

(Ord. 2020-007 § 1 (part), 2020: Ord. 2018-010 §1 (part), 2018)

Uses permitted with a use permit shall be as follows:

1. Cannabis retail.

2. Cannabis manufacturing.

• (Ord. 2018 010 § 1 (part), 2018)

20.37.10 Intent 20.37.20 Applicability

20.37.30 Uses Permitted 20.37.40 Regulations

This combining district is intended to be applied to areas which have been determined by the county to be acceptable areas to mix dwelling types and that manufactured homes constructed after July 1, 1976, regardless of architectural style, are acceptable as part of this dwelling mix.

- - (Ord. 95 06 §§ 6 7 (part), 1995)

1. The minimum land area to which an MFH overlay may be applied is five contiguous acres for rural areas and one equivalent city block area for urban areas.

2. The MFH district may be applied to all RR and R zone districts excluding duplex or multifamily zoning.

• • (Ord. 95 06 §§ 6 7 (part), 1995)

Uses permitted shall be as follows:

1. All uses permitted in the principal district with which it is combined per the requirements of that district

2. One independent manufactured home in lieu of a conventional single-family dwelling.

- - - (Ord. 2023 007 § 47, 2023; Ord. 95 06 §§ 6 7 (part) 1995)

1. The manufactured home installed pursuant to this section shall conform to the following:

   1. The unit shall be placed on a permanent foundation system pursuant to Section 18551 of the Health and Safety Code,

   2. The exterior covering material shall extend to within six inches of the ground, except that when a solid concrete or masonry perimeter foundation is used the exterior covering material need not extend below the top of the foundation.

   3. The unit shall have a covered entryway and steps sufficient to provide access to the unit.

2. The minimum lot area shall be as specified in the zone district with which the MFH district is combined.

3. The required front, side, rear and other setbacks shall be as specified in the zone district with which the MFH district is combined.

4. Building height, accessory buildings and an other regulations and uses shall be as specified in the zone district with which the MFH district is combined and as specified in the general provisions.

• (Ord. 95 06 §§ 6, 7 (part), 1995)

20.38 FP-1 District - Flood Zone Area Properties

20.38.10 Purpose 20.38.20 Permitted Uses 20.38.30 Uses Permitted With Use Permit

This district classification is intended to be applied to properties which lie within a "primary flood zone" which, for the purpose of Chapters 20.02-20.60, mean a stream channel and the portions of the adjacent flood plain as are required to efficiently carry the flood flow of the stream, and on which properties special regulations are necessary for the minimum protection of the public health and safety, and of property and improvements from hazards and damage resulting from flood waters.

The regulations set forth in this chapter apply in all FP-1 districts, and are subject to the provisions of Chapters 20.46-20.58.

• (Ord. 67 10 § 3.1700, 1967)

Uses permitted shall be as follows:

1. Public parks and recreation developments, boating facilities, campgrounds, and trailer parks operated on a seasonal basis between the months of May and November inclusive. Restrooms, utility, recreation and store facilities within the trailer park shall be located and constructed in

accordance with health department requirements. Such buildings shall be designed to withstand inundation due to floods and shall be submitted to the planning commission for approval. Floating docks shall be sectional with no portion longer than sixty feet. Portable buildings are to be removed from the zoned areas at the end of the season.

2. Crop farming, truck gardening, livestock grazing, and other agricultural uses which are of the same or closely similar nature.

3. Public utility wire and pipe lines for transmission and local distribution purposes.

• • (Ord. 70 6 § 1 (part), 1970: Ord. 67 10 § 3.1701, 1967)

Uses permitted with a use permit shall be the following uses, buildings, and structures when it is found by the planning commission that such buildings or structures will be so constructed or placed, or will be so protected by levees or other flood proofing that they will not be appreciably damaged, will offer a minimum obstruction to stream flow, and will resist floatation in the event of flooding. Dikes and other structures designed to protect properties from flooding shall be so constructed that they will not endanger life or restrict the flow or carrying capacity of the flood channels:

1. Commercial excavation of natural materials, filling of land areas, construction of levees, dikes, or other structures designed to protect property from natural flooding.

2. Private trailers on private parcels of ground used on a seasonal basis as in Section 20.38.20A.

• • (Ord. 70 6 § 1 (part), 1970: Ord. 67 10 § 3.1702, 1967)

20.39.20 The Principal Permitted Use

20.39.30 Uses Permitted With A Use Permit 20.39.40 Application For Use Permit 20.39.50 Incentive For Open Space

Natural hazard areas are identified as potential natural hazard areas that are recommended for open space or very low density/intensity use. It is the intent of this chapter to accomplish the following objectives, thereby promoting public health, safety and general welfare and reduce risk to life and property:

1. Supplement the adopted county flood hazard ordinance.

2. Limit alterations to the conveyance capacity of water courses.

3. Implement the adopted county drainage study/plan.

4. Reduce risks related to seismic hazards identified by the county's seismic safety element.

5. Minimize direct and indirect costs to governmental agencies and adjacent property owners caused by development in natural hazard areas.

• (Ord. 87 20 Exh. A (part), 1987)

The principal permitted use includes uses such as:

1. Utility lines and maintenance of utility corridors.

2. Day use public recreational facilities requiring little or no alteration to the existing land or soil.

3. Public owned directional or site identification signs.

4. Emergency work necessary to preserve life or property during a hazard situation such as following, landslide or windstorm.

5. Maintenance of existing vegetation which does not result in the disturbance of the ground soil (trimming, clipping, limbing, mowing, etc.).

- (Ord. 87 20 Exh. A (part), 1987)

1. The county may consider issuance of a use permit which includes one or more of the below listed items, including uses which are compatible with adjacent zoning and land use plan designations, in the natural hazard area subject to finding all of these determinations of fact:

   1. The environmental hazard(s) have been mitigated to a point where no significant risk to life and property exists; and

   2. Adjacent, upstream and downstream, private and public lands have been reasonably protected from direct and indirect impacts resulting from the alteration of the natural hazard area; and

   3. Each of the objectives identified in the intent section of this chapter has been adequately addressed.

2. Uses permitted with a use permit shall be as follows:

   1. The deposit or removal of any natural or man-made material within the natural hazard area zoning district except as outlined in Section 20.39.20 above;

   2. The alteration or disturbance of any embankment, land-form or watercourse within the natural hazard area zoning district;

   3. The construction or alteration of any structure within, upon or across the natural hazard area zoning district.

• (Ord. 87 20 Exh. A (part), 1987)

An application for a use permit shall include, at a minimum:

1. A map of the site at a scale of one inch equals one hundred feet which shows existing topography, vegetation and drainage patterns along with the proposed actions within the natural hazard area (soil disturbance, construction, etc.).

2. Cross-sections of the project area of sufficient detail to show existing and proposed changes.

3. A description of future uses or structures proposed in the project area if not a part of the project.

4. A cost estimate of the proposed project and any subsequent uses/structures proposed for the project area if not a part of the project.

Where necessary, information may be needed to be prepared by a California registered engineer. Additional information may be required on a case-by-case basis. All projects shall be subject to public hearing review.

• (Ord. 87 20 Exh. A (part), 1987)

Where the property owner chooses, they may offer to the county or another public agency an easement, the ownership or another acceptable method of open space dedication for that portion of their property designated as natural hazard area. In such cases the county shall provide the property owner with a development agreement which provides for residential development credit above that permitted by the general plan on the adjacent nonhazard area of the property. This provision shall be subject to meeting all of the following criteria:

1. The offered lands within the natural hazard area zone district shall be substantially in a natural undisturbed state; and

2. The offer for dedication and development agreement shall be negotiated with the county and be approved by the board of supervisors prior to recordation of the dedication. The development agreement shall be recorded at the same time as the dedication; and

3. The residential density shall be calculated based on the area zoned natural hazard area which is to be dedicated only; and

4. The density granted shall not exceed one-third of the density which would be permitted if the natural hazard area were designated the same land use as the adjacent area. Where the adjacent area is designated for residential use its density shall be used. If the adjacent area is designated for commercial use, twelve units per acre shall be used as the typical commercial area density. Where two designations are adjacent the lower density shall be used as typical however the additional units may be located in either area; and

5. The additional development agreement units shall be located only on immediately adjacent lands owned by the same property owner which are not in the natural hazard area. The units may not be applied to lands not adjacent nor to lands owned by another party. However, provision may be made in the development agreement permitting the right to the additional units to transfer with property title if the owner wished to sell at a later date.

• (Ord. 87 20 Exh. A (part), 1987)

20.40 FP-2 District - Flood Overflow Area Properties 20.40.10 Purpose 20.40.20 Permitted Uses 20.40.30 Uses Permitted With Use Permit

This district classification is intended to be applied to properties which lie within areas where inundation is caused by overflow and back water which is relatively free of any current, excluding areas within the

FP-1 districts, and so require regulations for the protection of such properties and their improvements from hazards and damage which may result from flood waters.

The regulations set forth in this chapter apply in all FP-2 districts, and are subject to the provisions of Chapters 20.46-20.58.

• (Ord. 67 10 § 3.1800, 1967)

Uses permitted shall be as follows:

1. Single family dwellings and accessory residential and agricultural structures located on agricultural properties, provided that the ground floor level of such buildings shall be above the flood profile level as shown on the zoning map of the particular area in question or provided that the building area is protected from flooding by dikes, levees or other safety measures.

2. Public parks, recreation developments and trailer parks. Restrooms, and utility, recreation and store, facilities shall be located and constructed in accordance with health department requirements. Such buildings shall be designed to withstand inundation due to floods. Occupied travel trailers are permitted in trailer parks, and such trailer parks are permitted to operate to serve the travel trailers between the months of December and April inclusive, providing that such travel trailer is maintained in a condition that will permit its removal from the flood plain without the need for a special towing vehicle, or apparatus that the access to such travel trailers, including but not limited to drives, roads, and streets, be adequate to provide egress and ingress at any time under all weather conditions and that no cabanas, ramadas, or structures shall be constructed, placed or attached to or adjacent to such trailer.

• • (Ord. 70 6 § 1 (part), 1970: Ord. 67 10 § 3.1801, 1967)

Uses permitted with a use permit shall be as follows:

1. Single, nonexpandable trailers not over twelve feel wide, maintained in readily movable state, and having no auxiliary buildings attached thereto;

2. Improvements to existing buildings, and accessory residential and agricultural structures whose floor level does not meet the requirements as set forth in Section 20.40.20A;

3. Occasional isolated commercial buildings, and industrial structures where such do not create congestion and whose design has been approved by the planning commission.

• (Ord. 67 10 § 3.1802, 1967)

20.42 FP-3 District - Protected Areas Within Flood Zones

20.42.10 Purpose 20.42.20 Permitted Uses

20.42.10 Purpose

This district classification is intended to be applied to properties which lie within a flood zone, but which have been protected by man-made dikes or levees constructed by local, state, or federal agencies solely for the protection of the area so zoned.

The regulations set forth in this chapter apply in all FP-3 districts, and shall be subject to the provisions of Chapters 20.46-20.58.

• (Ord. 67 10 § 3.1900, 1967)

Uses permitted shall be all uses permitted in the various zoning classifications which may be applied thereto.

• (Ord. 67 10 § 3.1901, 1967)

20.43.10 Intent

20.43.20 Principal Permitted Uses

20.43.30 Uses Permitted Subject To A Conditional Use Permit

20.43.40 Other Regulations

20.43.50 Requirements 20.43.51 Minimum Lot Size

The timber preserve zone, or TPZ, is intended to provide for timberland zoning and restrictions for a minimum ten-year period as a "timberland preserve." Such zoning allows land to be valued for property taxation, in general, on the basis of its use for growing and harvesting timber only. Beginning in fiscal year 1977-78, timber would be exempt from ad valorem taxation however, a yield tax would be imposed at such time the timber is harvested.

• (Ord. 76 29 § 1 (part), 1976)

In the TPZ, the principal permitted uses are:

1. Growing and harvesting timber and uses accessory (compatible) thereto

2. Public camps, public stables and similar recreational uses, not including recreational vehicle parks or mobile home parks Single-family dwelling, mobile home or a manufactured home and normal accessory uses (i.e., accessory dwelling units and junior accessory dwelling units) and structures for owner or caretaker. In compliance with Sections 20.00.010 and 20.00.020, accessory dwelling units and junior accessory dwelling units shall not be required to obtain a conditional use permit.

• • • (Ord. 2023 007 § 48, 2023; Ord. 2023 006 § 3 (part), 2023; Ord. 76 29 § 1 (part), 1976)

Permits authorized under this section cannot be approved if such use will significantly detract from the use of the property for, or inhibit, growing and harvesting timber:

1. Timber products processing plants (buildings) for commercial processing of wood and wood products, including sawmills, lumber and plywood mills but not including a pulp mill.

2. Public camps, public stables and similar recreational uses, not including recreational vehicle parks or mobile home parks.

3. Single-family dwelling, mobile home or a manufactured home and normal accessory uses and structures for owner or caretaker.

• • (Ord. 95 06 § 5 (part), 1995: Ord. 76 29 § 1 (part), 1976)

1. The following accessory uses are deemed to be compatible with the growing and harvesting of timber provided they do not significantly detract from the use of the property for, or inhibit, growing and harvesting timber:

   1. Management for watershed.

   2. Management for fish and wildlife habitat.

   3. A use integrally related to the growing, harvesting and processing of forest products, including but not limited to roads, log landings, and log storage areas (portable chippers and portable sawmills are considered a part of "processing").

   4. The erection, construction, alteration or maintenance of gas, electric, water or communication transmission facilities.

   5. Grazing and uses accessory to grazing.

   6. Mineral, including oil and gas and other extractive resources.

   7. Temporary labor camps, less than one year in duration, accessory to timber harvesting or planting operations.

   8. Recreational use of the land for any of the following: walking, hiking, picnicking, swimming, boating, fishing, hunting and skiing.

2. Provisions of Article 1, "General Provisions" (Section 51100), Article 2, "Establishment of Timberland Preserves" (Sections 51110 through 51119.5), Article 3, "Rezoning" (Sections 51120 and 51121), Article 4, "Immediate Rezoning" (Sections 51130 through 51134) and a portion of Article 5, "Removal from Zone" (Sections 51140 through 51146), of the Government Code of the state as it now reads or may be hereinafter amended shall apply.

3. The board of supervisors, in accordance with Section 51113 of the Government Code, shall adopt a list of criteria required to be met by parcels being considered for zoning as timberland preserve initiated by the owner or authorized agents. The minimum parcel size shall be twenty acres. After November 1, 1977, owners of timberland not included on List A (Section 51110.1 of the Government Code) or List B (Section 51110.1 of the Government Code) may petition the board to zone his land as timberland preserve, provided all criteria to be adopted are met.

• • (2019 014 § 1 (part), 2019; Ord. 76 29 § 1 (part), 1976)

An applicant who petitions the county to zone his land as timberland preserve shall submit the appropriate information to meet the following requirements:

1. A map shall be prepared showing the legal description of the assessors parcel number of the property desired to be zoned.

2. A plan for forest management must be prepared or approved as to content for the property by a registered professional forester. Such plan shall provide for the eventual harvest of timber within a reasonable period of time as determined by the preparer of the plan.

3. The parcel shall currently meet the timber-stocking standards as set forth in Section 4561 of the Public Resources Code and the Forest Practice Rules adopted by the State Board of Forestry for the district in which the parcel is located, or the owner must sign an agreement with the board or council to meet such stocking standards and Forest Practice Rules by the fiftieth anniversary of the signing of such agreement. If the parcel is subsequently zoned as timberland preserve under subdivision (A), failure to meet such stocking standards and Forest Practice Rules within this time period provides the board or council with a ground for rezoning of the parcel pursuant to Section 51121.

4. The land to be included in timberland preserve shall be Timber Site IV or better.

• • • (2019 014 § 2 (part), 2019: Ord. 79 033 (part), 1979: Ord. 77 35 § 1, 1977)

Parcels zoned as timberland preserve under this chapter may be considered for division into parcels containing twenty acres or more provided the following conditions are complied with:

1. The owners of the resulting parcels submit or the present owner makes sufficient provisions for a joint timber management plan prepared or approved as to content by a registered professional forester.

2. Such owners enter into a binding contract with the board of supervisors, representing the county, to manage and harvest timber on the timberland jointly and are bound by the provisions of the management plan for a minimum period of ten years, and

3. Any division shall be approved by a four-fifths vote of the full board of supervisors provided the project has been reviewed by the planning commission.

• (Ord. 79 033 (part), 1979)

- 20.44 B District Combining

In a district which is combined with a B district, the regulations set forth in this chapter apply in lieu of the respective regulations as to building site area and yards which are herein specified for such district.

• (Ord. 67 10 § 3.2000, 1967)

Special regulations shall be as follows:

1. Building site area required shall be as indicated by the figure following the B district designation, which figure represents the minimum area required in thousand square feet.

2. The minimum front, side, and rear yard setback requirements shall be as indicated in the legend on the zoning map designating such B district.

3. Except as provided in Section 20.48.80A., lots in B combining districts shall be no less than twelve thousand square feet where both public or mutual water supply and public sanitary systems are not available.

• • (Ord. 70 8 § 2, 1970: Ord. 67 10 § 3.2001, 1967)

- 20.45 D District Combining

20.45.20 Applications 20.45.30 Restrictions

The intent of this chapter is to create a district which, when combined with a basic zoning district, will not allow further land division of lots created by a subdivision. This in turn will allow cluster-type developments, and/or varied lot sizes which would best utilize unique site situations yet remain consistent with density and use requirements of the county general plan or adopted specific plan.

• • (Ord. 82 09 § 2 Exh A(8) (part), 1982: Ord. 79 036 (part), 1979)

This D district may be combined with an A, PO, RR or R zoning district. The regulations set forth in this chapter shall apply in lieu of the respective regulations specified for the subject district with regards to minimum lot sizes.

(Ord. 89-08 § 1, 1989: Ord. 82-09 § 2 Exh. A(8) (part), 1982: Ord. 79-036 (part), 1979)

1. The D combining district may only be utilized on subdivision projects when because of terrain, site characteristics or overall project design, varying lot sizes or cluster development with mitigating open areas are more desirable than standard, uniform lot sizes.

2. The overall project density shall not exceed the general plan density requirement for the project site.

3. The building site area required for each lot shall be shown on the final subdivision map. No further land divisions shall be permitted unless a rezone is granted and the land division is consistent with the general plan or adopted specific plan density requirement for the total original project site.

4. A resolution of intention to rezone to the D combining district may be adopted at the time of approval of the tentative map, however, the rezone shall not be in effect until the final subdivision or parcels map has been recorded with the county clerk.

• • (Ord. 82 09 § 2 Exh. A(8) (part), 1982: Ord. 79 036 (part), 1979)

- 20.46 Off Street Parking

20.46.10 Required Generally

20.46.20 Space Requirements For Various Uses

20.46.30 Location Of Facilities

20.46.40 Parking Spaces; Width Length, Compact Cars And Aisle Clearances

20.46.50 Multiple Use Restrictions

20.46.60 When Screening Required

In all districts, in connection with every industrial, business, institutional, recreational, residential, or any other use, there shall be provided, at the time any building or structure is erected, or is enlarged, or increased in capacity, off-street parking spaces for automobiles in accordance with the requirements set forth in this chapter.

• (Ord. 67 10 § 4.0100, 1967)

The number of off-street parking spaces required for each use in all districts shall be as follows:

1. Automobile or machinery sales and service garages: one for each four hundred square feet of floor area;

2. Banks, business and professional offices: one for each two hundred square feet of floor area;

3. Bowling alleys: five for each alley;

4. Churches and schools: one for each three and one-half seats in auditoriums or one for each seventeen classroom seats, whichever is greater;

5. Dance halls and assembly halls without fixed seats, exhibition halls except church assembly rooms in conjunction with auditorium: one for each one hundred square feet of floor area for assembly or dancing;

6. Dwellings, single-family, duplexes: two for each family or dwelling unit;

7. Dwellings, single-family: two for each dwelling unit;

8. Community Care Facilities: see the standard for Dwellings, single-family, and as noted in the California Govt Code Section 65583;

9. Funeral homes, mortuaries: four for each parlor or one for each fifty square feet of floor area, whichever is greater,

10. Furniture and appliance stores, household equipment or furniture repair shop: one for each two hundred square feet of floor area;

11. Hospitals: one for each two patient beds and one added for each three staff members and employees;

12. Rooming and lodging houses: one for each two bedrooms;

13. Manufacturing plants, research or testing laboratories, bottling plants: one for each two employees on the maximum working shift;

14. Medical, dental, veterinary clinics and/or similar facilities: seven spaces for each physician, dentist or primary care giver,

15. Hotels and motels: one space for each living or sleeping unit;

16. Sanitariums, asylums, orphanages, convalescent homes, homes for the aged and infirm, and rest homes: one space for each six patient beds plus one space for each staff member or visiting physician plus one space for each three employees;

17. Restaurants, beer parlors, and night clubs: one for each three and one-half seats;

18. Retail stores, shops, etc.: one for each two hundred square feet of gross area, except that convenience stores shall have one for each one hundred fifty square feet. A convenience store includes but is not limited to the following examples: Circle K, 7-11, Arco-Marts, Mini-marts, etc., and other similar convenience stores of five thousand square feet or less of gross area;

19. Sports arenas, auditoriums, theaters, assembly halls: one for each three and one-half seats;

20. Wholesale establishments or warehouses: one for each two employees in the maximum working shift;

21. Emergency Homeless Shelters: see the standard for Dwellings, single-family, and as noted in the California Govt Code Section 65583;

22. Dwellings, multiple, duplexes: one for each studio or one bedroom dwelling unit and two for each dwelling unit with two or more bedrooms.

(Ord. 2023-007 § 49, 2023; Ord. 2014-004, 2014: Ord. 2011-001, 2011: Ord. 95-17 § 9(1), 1995: Ord. 8901 § 1, 1989: Ord. 87 20 Exh. A (part), 1987: Ord. 67 10 § 4.0101, 1967)

The off-street parking facilities for the uses mentioned in Section 20.46.20 and for other similar uses, shall be on the same or adjacent lot or parcel of land as the structure they are intended to serve. When practical difficulties, as determined by the planning commission, prevent their establishment upon the same or immediately adjacent lot, they may be located within three hundred feet of the premises to which the parking requirement pertains, and may be located in a residence zone if the land lies adjacent to any building being erected in a commercial or industrial district. Space for required off-street parking shall not occupy any part of any required front yard except in the R-H district, but where uncovered or unroofed, may be included as part of a required rear or side yard. On corner lots, parking space may not be included as part of required yards lying adjacent to either street.

• (Ord. 67 10 § 4.0102, 1967)

Parking areas shall comply with the applicable provisions of the Americans with Disabilities Act. Each off-street parking space shall have a standard minimum width of not less than nine feet and a length of not less than twenty feet except that those spaces designated as handicapped spaces shall conform to the

dimensions required for handicapped spaces. Up to twenty percent of the number of spaces required by this chapter may be for compact cars. Spaces provided in excess of the number required by this chapter may be either standard or compact size. Each compact space shall have a width of not less than nine feet and a length of not less than sixteen feet.

Access aisles (drives) shall provide a clearance of not less than twenty feet behind each parking space. Spaces serving multifamily, commercial, industrial, public or similar uses shall not use public roadways as access aisles.

Except for single-family dwellings and duplexes, all parking spaces and aisles shall be clearly delineated by striping or other means of permanent demarcation. Within areas designated as urban land uses by the general plan, parking and access aisles shall be finished in an all-weather surface, consisting of asphalt concrete, concrete or an equivalent.

• • • (Ord. 95 17 § 9(2), 1995: Ord. 89 02 § 2, 1989: Ord. 67 10 § 4.0103, 1967.)

No part of an off-street parking area required for any building or use for the purpose of complying with the provisions of Chapter 20.02 - 20.60, shall be included as a part of an off-street parking area similarly required for another building or use unless the type of structure indicates, in the opinion of the planning commission, that the periods of usage of such structures will not be simultaneous with each other. The size of multiple use lots used in shopping centers or for more than one business at the same time shall be based on the combined requirements of the businesses concerned.

- (Ord. 67 10 § 4.0104, 1967)

Whenever a parking lot or a driveway to a parking lot is established so as to abut the side or rear line of a lot in a residential district, a fence or screen of planting shall be constructed and maintained along the side or rear lot line.

• (Ord. 67 10 § 4.0105, 1967)

20.47.10 Statutory Authorization, Findings Of Fact, Purpose And Methods

20.47.20 Definitions

20.47.30 General Provisions

20.47.40 Administration

20.47.50 Provisions For Flood Hazard Reduction 20.47.60 Variance 20.47.70 Variance Procedure

20.47.10 Statutory Authorization, Findings Of Fact, Purpose And Methods

1. Statutory Authorization. The Legislature of the state of California has in Government Code Sections 65302, 65560 and 65800 conferred upon local governments the authority to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. Therefore, the Board of Supervisors of the County of Del Norte does ordain that Chapter 20.47 of this code is established as set out in this chapter.

2. Findings of Fact.

   1. The flood hazard areas of Del Norte County are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief and impairment of the tax base, all of which adversely affects the public health, safety and general welfare.

   2. These flood losses are caused by uses that are inadequately elevated, floodproofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities also contributes to flood losses.

3. Statement of Purpose. It is the purpose of this chapter to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:

   1. To protect human life and health;

   2. To minimize expenditure of public money for costly flood-control projects;

   3. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

   4. To minimize prolonged business interruptions;

   5. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard.

   6. To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage.

   7. To ensure that potential buyers are notified that property is in an area of special flood hazard; and

   8. To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

4. Methods of Reducing Flood Losses. In order to accomplish its purposes, this chapter includes methods and provisions for:

   1. Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities;

   2. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

5. Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;

   4. Controlling filling, grading, dredging and other development which may increase flood damage; and

   5. Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.

• (Ord. 2009 010, 2009)

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.

"Accessory structure" means a structure that is either solely for the parking of no more than two cars; or a small, low cost shed for limited storage, less than 150 square feet and $1,500 in value.

"Appeal" means a request for a review of the floodplain administrator's interpretation of any provision of this chapter or a request for a variance.

"Area of Special Flood Hazard" See "special flood hazard area."

"Base flood" means the flood having a one percent chance of being equalled or exceeded in any given year (also called the "one-hundred-year flood"). For surfacewater runoff, known flood elevations of the 1964 flood shall be utilized as the base flood elevation when available or can be reasonably determined. Base flood is the term used throughout this ordinance.

"Basement" means any area of the building having its floor subgrade (below ground level) on all sides.

"Breakaway walls" are any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by floodwaters. A breakaway wall shall have a safe design loading resistance of not less than ten and no more than twenty pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions:

1. Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and

2. The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood.

"Coastal high hazard area" means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. It is an area subject to high velocity waters, including coastal and tidal inundation or tsunamis. The area is designated on a Flood Insurance Rate Map (FIRM) as Zone VIV30, VE, or V.

"Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

"Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be

affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before 1967.

"Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

"Flood boundary and floodway map" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazard and the floodway.

"Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

"Flood Insurance Study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.

"Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from (1) the overflow of floodwaters, (2) the unusual and rapid accumulation or runoff of surface waters from any source, and/or (3) the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined. in this definition.

"Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, floodcontrol works and floodplain management regulations.

"Floodplain management regulations" means this ordinance and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosioncontrol) and other application of police power which control development in flood-prone areas. This term describes federal, state or local regulations in any combination thereof, which provide standards for preventing and reducing flood loss and damage.

"Floodplain" or "flood-prone area" means any land area susceptible to being inundated by water from any source (see definition of "flooding").

"Floodproofing" means any combination of structural and non-structural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

"Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. These areas are designated by the Federal Insurance Administration. Also referred to as "regulatory floodway."

"Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

"Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

"Historic structure" means any structure that is:

1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or

4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.

"Levee" means a man-made structure, usually an earthen embankment designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.

"Lowest floor" means the lowest floor of the lowest enclosed area, including basement (see "Basement" definition.)

1. An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided it conforms to applicable non-elevation design requirements, including, but not limited to:

   1. The flood openings standard in Section 20.47.50.A.3.c;

   2. The anchoring standards in Section 20.47.50.A.1;

   3. The construction materials and methods standards in Section 20.47.50.A.2; and

   4. The standards for utilities in Section 20.47.50.B.

For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements (see "Basement" definition). This prohibition includes below-grade garages and storage areas.

"Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. For the purposes of this chapter, manufactured home and mobile home are synonymous. The term "manufactured home" does not include a "recreational vehicle."

"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for sale or rent.

"Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.

"New construction," for floodplain management purposes, means structures for which the "start of construction" commenced on or after the initial FIRM date of January 24, 1983, and includes any subsequent improvements to such structures.

"New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the initial FIRM date of January 24, 1983.

"One-hundred-year flood" means a flood which has a one percent annual probability of being equalled or exceeded. It is identical to the "base flood," which will be the term used throughout the chapter.

"Person" means an individual or his agent, firm, partnership, association or corporation, or agent of the aforementioned groups, or this state or its agencies or political subdivisions.

"Recreational vehicle" means a vehicle which is:

1. Built on a single chassis;

2. Four hundred square feet or less when measured at the largest horizontal projection;

3. Designed to be self-propelled or permanently towable by a light-duty truck; and

4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

"Remedy a violation" means bring the structure or other development constructed after the effective date of the ordinance codified in this chapter into compliance with state or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damage, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development.

"Riverine" means relating to, formed by or resembling a river (including tributaries), stream, brook, etc.

"Sand dunes" mean naturally occurring accumulations of sand in ridges or mounds landward of the beach.

"Special flood hazard area (SFHA)" means an area having a flood level with a one percent or greater chance of being equaled or exceeded in any given year and/or an area having special flood, mudslide (i.e., mudflow) and/or flood-related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, AIA30, AE, A99, AH, VI-V30, VE, V.

"Start of construction" includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within one hundred eighty days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

"Structure" means a walled and roofed building, including a gas or liquid storage tank, that is principally aboveground, as well as a manufactured home.

"Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty percent of the market value of the structure before the damage occurred.

"Substantial improvement" means any reconstruction, rehabilitation, addition or other proposed new development of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:

1. Any project for improvement of a structure to correct existing violations or state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

2. Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure."

For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:

1. Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or

2. Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

"Variance" means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.

"Violation" means the failure of a structure or other development to be fully compliant with this ordinance. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided.

- (Ord. 2009 010, 2009)

1. Lands to Which This Chapter Applies. This chapter shall apply to all areas of special flood hazards within the jurisdiction of the County of Del Norte.

2. Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) dated September 26,2008, with accompanying Flood Insurance Rate Maps (FIRMs) with a Map Index dated September 26,2008, and all subsequent amendments and/or revisions, are adopted by reference and declared to be a part of this chapter. This FIS and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the board of supervisors by the floodplain administrator. The study and FIRM are on file at 981 H Street, Suite 110, Crescent City, California 95531.

3. Compliance. No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this chapter and other applicable regulations. Violations of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the Board of Supervisors from taking such lawful action as is necessary to prevent or remedy any violation.

4. Abrogation and Greater Restrictions. This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

5. Interpretation. In the interpretation and application of this chapter, all provisions shall be:

   1. Considered as minimum requirements;

   2. Liberally construed in favor of the governing body; and

   3. Deemed neither to limit nor repeal any other powers granted under state statutes.

6. Warning and Disclaimer of Liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazards, or uses permitted within such areas, will be free from flooding or flood damages.

This chapter shall not create liability on the part of the Board of Supervisors, any officer or employee thereof, or the Federal Insurance Administration for any flood damages that result from reliance on this ordinance, for any administrative decision lawfully made thereunder.

7. Severability. This chapter and various parts thereof are declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.

- (Ord. 2009 010, 2009)

1. Establishment of Development Permit. A development permit shall be obtained before any construction or other development, including manufactured homes, begins within any area of special flood hazards, established in Section 20.47.30B. Application for a development permit shall be made on forms furnished by Del Norte County and may include, but not be limited to plans in triplicate drawn to scale showing:

   1. The nature, location, dimensions and elevation of the area in question, existing or proposed structures, storage of materials and equipment and their location;

   2. Grading information showing existing and proposed contours, any proposed fill, and drainage facilities;

   3. Proposed locations of water supply, sanitary sewer, and other utilities;

   4. Location of the regulatory floodway when applicable;

   5. Base flood elevation information as specified in 20.47.30.B or 20.47.40.C.2;

   6. Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures;

   7. Proposed elevation in relation to mean sea level to which any structure will be floodproofed, as required in 20.47.50.AJ;

   8. All appropriate certifications listed in subsection (C)(4) of this section; and

   9. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

   10. Certification from a registered civil engineer or architect that the nonresidential floodproofed building meets the floodproofing criteria in 20.47.50.A.3.b.

   11. For a crawl-space foundation, location and total net area of foundation openings as required in 20.47.50J.c of this ordinance and detailed in FEMA Technical Bulletins 1-93 and 7-93.

2. Designation of the Floodplain Administrator. The Director of the Community Development Department is appointed to administer and implement this chapter by granting or denying development permits in accordance with its provisions.

3. Duties and Responsibilities of the Floodplain Administrator. The duties and responsibilities of the floodplain administrator shall include, but not be limited to:

   1. Permit Review.

      1. Review all development permits to determine that the permit requirements of this chapter have been satisfied;

      2. All other required state and federal permits have been obtained;

      3. The site is reasonably safe from flooding;

   2. The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but floodways have not been determined. For purposes of this chapter, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point within Del Norte County.

ity of areas where base flood elevations have been determined but floodways have not been determined. For purposes of this chapter, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point within Del Norte County.

5. All Letters of Map Revision (LOMR's) for flood control projects are approved prior to the issuance of building permits. Building Permits must not be issued based on Conditional Letters of Map Revision (CLOMR's). Approved CLOMR's allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition.

6. Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 20.47.30B, the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation and flood way data available from a federal, state or other source including but not limited to the 1964 flood elevation levels and the county drainage plan, in order to administer Section 20.47.50.

7. Whenever a Watercourse is to be Altered or Relocated:

   1. Notify adjacent communities and the California Department of Water Resources prior to such alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration;

   2. Require that the flood-carrying capacity of the altered or relocated portion of the watercourse is maintained.

8. Base Flood Elevation Changes Due to Physical Alterations:

   1. Within 6 months of information becoming available or project completion, whichever comes first, the floodplain administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a Letter of Map Revision (LOMR).

   2. All Letters of Map Revision (LOMR's) for flood control projects are approved prior to the issuance of building permits. Building Permits must not be issued based on Conditional Letters of Map Revision (CLOMR's). Approved CLOMR's allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition.

Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data.

5. Changes in Corporate Boundaries. Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits.

6. Obtain and maintain for public inspection and make available as needed:

   1. The certification required by Section 20.47.50(A)(3)(a) (lowest floor elevations);

   2. The certification required by Section 20.47.50(A)(3)(b) (elevation or floodproofing of nonresidential structures);

   3. The certification required by Section 20,47.50(A)(3)(c) (wet floodproofing standard);

7. The certified elevation required by Section 20.47.50(C)(2), subdivisions and other proposed development standards;

   5. The certification required by Section 20.47.50(E)(1), floodway encroachments;

   6. The information required by Section 20.47.50(F)(6), coastal construction standards.

8. Map Determination. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 20.47.70.

9. Take action to remedy violations of this chapter as specified in Section 20.47.30C.

10. Maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency.

11. Complete and submit the Biennial Report to the Federal Emergency Management Agency.

12. Assure the community's General Plan is consistent with floodplain management objectives herein.

• (Ord. 2009 010, 2009)

The county shall obtain, review, and reasonably utilize the best base flood data available from any source: federal, state or other, such as high water mark(s), floods of record, or private engineering reports, in order to administer this chapter. In areas of special flood hazard, the following standards apply:

1. Standards of Construction. In all areas of special flood hazards the following standards are required:

   1. Anchoring.

      1. All new construction and substantial improvements of structures, including manufactured homes, shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

      2. All manufactured homes shall meet the anchoring standards of subsection D of this section.

   2. Construction Materials and Methods.

      1. All new construction and substantial improvements of structures, including manufactured homes, shall be constructed with flood resistant materials and utility equipment resistant to flood damage for areas below base flood elevation.

      2. All new construction and substantial improvements, including manufactured homes, shall be constructed using methods and practices that minimize flood damage.

      3. All new construction and substantial improvements, including manufactured homes, shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

   3. All new construction and substantial improvements of structures, including manufactured homes, shall be constructed, within Zones AB or AO, so that there are adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures.

2. Elevation and Floodproofing.

   1. New construction and substantial improvements of any structure shall have the lowest floor, including basement:

      1. In AE, AB, AI-30 Zones, elevated to or above the base flood elevation.

      2. In an AO zone, elevated above the highest adjacent grade to a height equal to or exceeding the depth number specified in feet on the FIRM, or elevated at least 2 feet above the highest adjacent grade if no depth number is specified.

      3. In an A zone, without BFE's specified on the FIRM (unnumbered A zone), elevated to or above the base flood elevation; as determined under Section 20.47.40.C.2.

Nonresidential structures may meet the standards in subsection (A)(3)(c) of this section. Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered civil engineer or licensed land surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the floodplain administrator.

ures may meet the standards in subsection (A)(3)(c) of this section. Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered civil engineer or licensed land surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the floodplain administrator.

2. Nonresidential construction shall either be elevated in conformance with subsection (A)(3)(a) of this section or together with attendant utility and sanitary facilities:

   1. Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water,

   2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy, and

   3. Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the floodplain administrator.

3. All new construction and substantial improvements of structures with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must meet the following minimum criteria for non-engineered openings:

   1. Have a minimum of two openings on different sides having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding.

   2. The bottom of all openings shall be no higher than one foot above grade.

   3. Openings may be equipped with screens, louvers, valves or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters, and

   4. Buildings with more than one enclosed area must have openings on exterior walls for each area to allow flood water to directly enter, or

   5. Be certified by a registered professional civil engineer or architect.

      4. Manufactured homes shall also meet the standards in subsection D of this section.

   6. Garages and Low Cost Accessory Structures.

      1. Attached Garages.

         1. A garage attached to a residential structure, constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry of flood waters. See Section 20.47.50.A.3.c. Areas of the garage below the BFE must be constructed with flood resistant materials. See Section 20.47.50.A.2.

         2. A garage attached to a nonresidential structure must meet the above requirements or be dry floodproofed. For guidance on below grade parking areas, see FEMA Technical Bulletin TB6.

      2. Detached Garages and Accessory Structures.

4. "Accessory structures" used solely for parking (2 car detached garages or smaller) or limited storage (small, low-cost sheds), as defined in Section 20.47.20, may be constructed such that its floor is below the base flood elevation (BFE), provided the structure is designed and constructed in accordance with the following requirements:

           1. Use of the accessory structure must be limited to parking or limited 
   
              - storage; 
   
           2. The portions of the accessory structure located below the BFE must be built using flood-resistant materials; 
   
           3. The accessory structure must be adequately anchored to prevent flotation, collapse and lateral movement; 
   
           4. Any mechanical and utility equipment in the accessory structure must be elevated or floodproofed to or above the BFE; 
   
           5. The accessory structure must comply with floodplain encroachment provisions in Section 20.47.50.E; and 
   
           6. The accessory structure must be designed to allow for the automatic entry of flood waters in accordance with Section 20.47.50.A.3.c. 
   
        2. Detached garages and accessory structures not meeting the above standards must be constructed in accordance with all applicable standards in Section 20.47.50.A. 
   

5. Standards for Utilities.

   1. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from systems into floodwaters.

   2. On-site waste disposal systems shall be located to avoid impairment to them or

      • contamination from them during flooding.

6. Standards for Subdivisions with Areas of Special Flood Hazard.

   1. All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood.

   2. All final subdivision plans will provide the elevation of proposed structure(s) and pads. If the site is filled above the base flood elevation, the lowest floor elevation, the pad elevation, and the lowest adjacent grade as-built information for each structure shall be certified by a

registered civil engineer or licensed land surveyor and provided as part of an application for a Letter of Map Revision based on Fill (LOMR-F) to the floodplain administrator.

3. All subdivision proposals and other proposed development shall be consistent with the need to minimize flood damage.

4. All subdivision proposals and other proposed development shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

5. All subdivisions and other proposed development shall provide adequate drainage to reduce exposure to flood hazards.

6. Standards for Manufactured Homes. All new and replacement manufactured homes and additions to manufactured homes shall:

   1. Be elevated so that the lowest floor is at or above the base flood elevation; and

   2. Be securely anchored to a permanent foundation system to resist flotation, collapse or lateral movement;

7. Be installed using methods and practices which minimize flood damage. These regulations are in addition to applicable state and local requirements.

   4. Within Zones VI-30, V, and VE on the community's Flood Insurance Rate Map, meet the requirements of Section 20.47.50.F.

   5. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones AI-30, AH,AE, VI-30, V, and VE on the community's Flood Insurance Rate Map that are not subject to the provisions of Section 20.47.50.D will be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either the:

      1. Lowest floor of the manufactured home is at or above the base flood elevation; or

      2. Manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade. Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered civil engineer or licensed land surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator.

8. Floodways. Located within areas of special flood hazard established in Section 20.47.30B are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

   1. Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge;

   2. If subsection (E)(1) of this section is satisfied, all new construction and substantial improvements shall comply with all other applicable flood hazard reduction provisions of this section.

9. Coastal High Hazard Areas. Within coastal high hazard areas established in Section 20.47.30B, the following standards shall apply:

   1. All new residential and non-residential construction, including substantial improvement/damage, shall be elevated on adequately anchored pilings or columns and securely anchored to such pilings or columns so that the bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood level. The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values used shall be those associated with the base flood. Wind loading values shall be those required by applicable state or local building standards.

   2. All new construction and other development shall be located on the landward side of the reach of mean high tide.

10. All new construction and substantial improvements shall have the space below the lowest floor free of obstructions or constructed with breakaway walls as defined in Section 20.47.20. Such enclosed space shall not be used for human habitation and will be usable solely for parking of vehicles, building access or storage.

    4. Fill shall not be used for structural support of buildings.

    5. Man-made alteration of sand dunes which would increase potential flood damage is prohibited.

    6. The floodplain administrator shall obtain and maintain the following records:

       1. Certification by a registered engineer or architect that a proposed structure complies with subsection (F)(1) of this section;

       2. The elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings or columns) of all new and substantially improved structures, and whether such structures contain a basement.

11. Standards for Recreational Vehicles.

    1. All recreational vehicles placed on sites within Zones A, AI-30, AH, and AE on the community's Flood Insurance Rate Map will either:

       1. Be on the site fewer than one hundred eighty consecutive days, and be fully licensed and ready for highway use a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or

       2. Meets the permit requirements of Section 20.47.40 of this chapter and the elevation and anchoring requirements for manufactured homes in subsection D of this section.

    2. Recreational vehicles placed on sites within Zones VI-30, V, and VE on the community's Flood Insurance Rate Map will meet the requirements of subsections (F) and (G)(1) of this section.

- (Ord. 2009 010, 2009)

The issuance of a variance pursuant to this section is for floodplain management purposes only. Insurance premium rates are determined by statute according to actuarial risk and will not be modified by the granting of a variance. Variance requests regarding zoning criteria and the hearing and notice process to be followed for this section are to be in conformance with Chapters 20.54 and 21.50D

(Variances) of this code. This section establishes the criteria the county shall use to examine a variance request from the provisions of this chapter and to approve or disapprove such request.

The variance criteria set forth in this section of the ordinance are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this ordinance would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.

It is the duty of the Board of Supervisors of the County of Del Norte to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements in the flood ordinance are quite rare. The long term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this ordinance are more detailed and contain multiple provisions that must be met before a variance can be property granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.

1. Variances shall only be issued upon:

   1. A showing of good and sufficient cause;

   2. A determination that failure to grant the variance would result in exceptional hardship to the applicant;

   3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization to the public, or conflict with existing local laws or ordinances.

2. Variances may be issued for the reconstruction, rehabilitation or restoration of historic structures, as defined in Section 20.47.20, without regard to the procedures set forth in the remainder of this section.

3. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

4. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

5. Variances granted to construct the lowest living floor below the base flood elevation will require the county to inform the applicant in writing that granting of such variance will increase the cost of flood insurance commensurate with the increased risk resulting from the lower elevation.

6. Variances granted shall be in a written form and a copy of such variance and the accompanying written report shall be forwarded to the Federal Administrator.

• (Ord. 2009 010, 2009)

1. Appeal Board.

   1. The board of supervisors of the county shall hear and decide appeals and requests for variances from the requirements of this chapter. Variance requests are to be in conformance with Chapters 20.54 and 21.50D of this code.

   2. The county shall hear and decide appeals when it is alleged there is an error in any requirements, decision or determination made by the floodplain administrator in the enforcement or administration of this chapter.

   3. In passing upon such applications, the county shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:

      1. The danger that materials may be swept onto other lands to the injury of others;

      2. The danger to life and property due to flooding or erosion damage;

      3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

      4. The importance of the services provided by the proposed facility to the community;

      5. The necessity to the facility of a waterfront location, where applicable;

      6. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

      7. The compatibility of the proposed use with existing and anticipated development;

      8. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

      9. The safety of access to the property in time of flood for ordinary and emergency vehicles;

      10. The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site; and

      11. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water system, and streets and bridges.

   4. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing subsections (A)(3)(a) through (k) of this section have been fully considered. As the lot size increases beyond onehalf acre, the technical justification required for issuing the variance increases.

   5. Upon consideration of the factors of subsection (A)(3) of this section and the purposes of this chapter, the county may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

   6. The floodplain administrator shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.

2. Conditions for Variances.

   1. Variances may be issued for the reconstruction, rehabilitation or restoration of historic structures, as defined in Section 20.47.20, without regard to the procedures set forth in the remainder of this section.

3. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

   3. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

4. Variances shall only be issued upon:

   1. A showing of good and sufficient cause;

   2. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

   3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.

5. Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the provisions of subsections (B)(l) through (4) of this section are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

6. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the regulatory flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. A copy of the notice shall be recorded by the floodplain board in the office of the county recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

• (Ord. 2009 010, 2009)

20.48 General Provisions 20.48.10 Generally 20.48.20 Uses Permitted With Use Permit 20.48.30 Assemblages 20.48.40 Signs And Nameplates 20.48.50 Lighting 20.48.60 Storage Of Trailers, Repair Work And Junk 20.48.70 Height Restrictions 20.48.80 Building Site Area; Special Lot Sizes 20.48.90 Yards And Setbacks 20.48.95 Agricultural Setbacks And Buffers 20.48.100 Special Yards For Dwelling Groups 20.48.110 Household Pets 20.48.130 Installation Of Manufactured Homes On Individual Lots 20.48.140 Mobile Home Parks

The regulations specified in Chapters 20.02-20.60 shall be subject to the general provisions and exceptions set forth in this chapter.

• (Ord. 67 10 § 5.0100, 1967)

The following uses may be permitted in any district subject to the securing of a use permit in each case:

1. Public parking lots.

2. Public uses, quasi-public uses, or utility provider uses (e.g. water districts, etc.). Such uses shall only be permitted with the consent of the landowner if the applicant is other than the landowner.

3. The commercial removal of minerals, earth or construction materials.

4. Signs, not over twenty square feet, advertising the sale of a subdivision.

5. Signs not otherwise prohibited, and which are placed above the permitted height of buildings.

6. Cemeteries.

7. Temporary asphalt, rock aggregate, and concrete plants for a period not to exceed the duration of the project being constructed by the permittee or the permittee's representative. See also Section 20.56.30.

8. A temporary real estate sales office in conjunction with a recorded major subdivision permitted pursuant to this title, and Title 16 of Del Norte County Code, Subdivisions, and subject to the following requirements:

   1. A building permit shall be obtained for the temporary unit/use and shall comply with the Uniform Building Code applicable at the time of permit application.

   2. Temporary real estate sales units may be a manufactured commercial coach or a permanent dwelling unit located within an approved building area within a recorded major subdivision. A notice of conditional approval shall be recorded for a temporary office.

   3. If the unit is a commercial coach, it may be served by temporary utility connections (sewage disposal, water), including a separate electrical service. The proponent shall submit with any commercial coach application a siding/landscaping plan as part of the use permit. If the office is incorporated into a permanent dwelling unit, the unit shall be connected to permanent utility connections. All temporary utilities shall be removed at the time the temporary unit is removed.

   4. Temporary real estate sales offices shall be approved by the Del Norte County Health Department prior to issuance of a building permit.

   5. Temporary real estate sales offices shall comply with Chapter 20.46 of Del Norte County Code, Parking. Parking areas may be a temporary all-weather surface within all areas including those designated as urban land use by the general plan.

   6. Temporary real estate sales offices shall comply with Title 18 of Del Norte County Code, Signs, and shall be considered compatible with the light commercial zone district.

   7. A temporary real estate sales office shall be removed within sixty days after the sale of seventy-five percent of the lots in the recorded subdivision where the sales office is located. This includes any temporary utilities and signs approved as part of the temporary use not typically allowed by Del Norte County Code (signs advertising the sale of real estate as defined by Title 18, Signs).

9. Use permits issued for temporary real estate sales offices shall be subject to annual review and renewal by the Del Norte County planning commission. The applicant is responsible for demonstrating the total percentage of lots sold at the time of a request for renewal of the use permit.

10. A second electrical meter for commercial purposes may be allowed on a legally established parcel in conjunction with a use permit for a home enterprise on the same parcel if all of the following requirements are met:

    1. A specific need for a second electrical meter for commercial purposes has been demonstrated, such as a second meter which provides commercial service, is necessary to run specific work-related tools or machinery on the subject parcel as part of the home enterprise activity; and

    2. A recorded notice which states that the second electrical meter is for the permitted home enterprise only and must be removed prior to the sale or transfer of the subject parcel, is recorded on the subject parcel; and

    3. A valid building permit has been issued for the second electrical meter for commercial purposes on the subject parcel.

11. A second electrical meter may be allowed with an accessory dwelling unit or junior accessory dwelling unit.

(Ord. 2023-006 § 5 (part), 2023; Ord. 2014-005 § 2, 2014: Ord. 2000-002 § 3 (part), 2000: Ord. 97-23 (part), 1997: Ord. 68-12 § 2 (part), 1968: Ord. 67-10 § 5.0101, 1967)

No circus, carnival, open air theater, race track or similar establishment, or use involving assemblages of people and automobiles shall be permitted in any district unless a use permit is first secured in each case.

- (Ord. 67 10 § 5.0102, 1967)

1. Signs, not over six square feet in area may be displayed on any parcel of land or building for the purpose of advertising such parcel or building for sale or lease.

2. Signs which are appurtenant to any permitted use may be displayed in any RH, C, or M district, provided that no more than three signs of not more than two square feet of area per foot of frontage to a maximum of two hundred square feet of aggregate area shall be permitted for any one establishment. Where double faced signs are used, the area of one side only shall be included in the aggregate area. Lot frontage used in determining sign areas shall include property frontage wherein the main entrance to the business is located. Where a public or private parking lot is adjacent to a business, only the frontage whereon the business is conducted shall be counted as business frontage. These provisions shall not apply to signs using the wall of a building as the surface, or attached to the wall of a building, providing such signs do not project more than twelve inches beyond the exterior face of such wall, providing such wall is a nonprojecting, integral part of the building, and providing the aggregate area of such wall sign does not exceed twenty percent of the total area of such wall and further provided that such signs shall advertise only such general product, or products and/or services as is or are, actually sold, dispensed, or rendered on the premises.

3. No red, green or amber lights or illuminated signs may be placed in such a position that they could reasonably be expected to interfere with, or be confused with any official traffic control device or traffic signal or official guide sign.

4. Name plates and numbers not over two square feet in area, may be permitted in any R district.

- - (Ord. 69 4 § 2, 1969: Ord. 67 10 § 5.0103, 1967)

In all districts the lighting, including any permitted illuminated sign shall be arranged so that there will be no annoying glare directed or reflected toward residence building or residence district.

- (Ord. 67 10 § 5.0104, 1967)

1. Storage of trailers shall be as follows:

   1. No trailer will be permitted in the front yard of any R, RA, R-H, or C-1 district.

   2. In all districts listed in subdivision A,l., unoccupied and functional travel trailers, and trailers other than those having sleeping accommodations may be stored in any side or rear yard providing that the trailer is placed on the lot in compliance with side and rear yard setbacks for auxiliary buildings.

   3. Unoccupied and functional trailers may be stored in all U, A, C-3, M, FR, and T districts in any location on the lot provided that the yard setbacks for the particular zone are complied with.

2. No vehicle undergoing repair or inoperable shall he stored in the front yard of any R, R-A, R-H, or C-1 district.

3. The storage or keeping of junk in any district shall be confined to areas not visible from any street.

- (Ord. 67 10 § 5.0105, 1967)

1. Chimneys, vents, and other architectural or mechanical appurtenances, and towers, poles, water tanks and similar structures may be erected to a greater height than the limit established for the district in which they are to be located, subject to securing a use permit in each case.

2. No fence, wall or hedge shall be constructed or grown to exceed four feet in height along the front edge or sides of any required front yard of an interior lot (i.e. not a corner lot) or eight feet in height along any side yard or rear yard of an interior lot (i.e. not a corner lot) unless a use permit is first secured in each case. Refer to Section 12.08.10 of Chapter 12.08, Title 12 of Del Norte County for height restrictions on corner lots.

(Ord. 2010-006: Ord. 67-10 § 5.0106,1967)

1. A legal use of land as a building site may be permitted on lot of less area or frontage than that required by the regulations of Chapters 20.02 through 20.60, providing such site is shown as a lot on a subdivision map of record or is a parcel of land which was under one ownership on the effective date an area is zoned or rezoned under Chapters 20.02 through 20.60, and provided that

   • in either case the owner of such lot or parcel has not owned or purchased any adjoining property since the effective date the area is zoned or rezoned under Chapters 20.02 through 20.60.

2. When two or more subdivision lots are held by the same owner, and when separate sales, leasing or financing of said lots would create a building site not meeting existing zoning lot are minimums, general plan density or sewage disposal system requirements, the county of Del Norte permit issuing agencies shall not approve any permits on such lots pursuant to Sections 66424.2 and 66499.34 of the State Subdivision Map Act. All parcels or units of land which merged prior to July 24, 1978, and which meet or exceed the above requirements are deemed unmerged and separate parcels.

Whenever the county has knowledge that such a separation of lots has taken place, creating a building site area not meeting zone district or sewage disposal system requirements, it shall cause to be filed for record with the recorder a tentative notice of violation if, within thirty days after notification to the property owner evidence to the contrary is not presented, a final notice of violation shall be recorded. Such tentative or final notice, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such property (Section 66499.36 of the State Subdivision Map Act).

3. Land proposed as a building site and not having its principal access on a state or county maintained road, but is in accordance with all other requirements of Chapters 20.02 through 20.60, may be used as a building site only if a use permit is first obtained.

4. Special lot sizes for C, R-H, and M districts shall be as follows:

   1. Lot sizes for buildings with a commercial or manufacturing use only, and with no living quarters of any type, using large amounts of water such as restaurants, self service laundries, etc., may be required by the county planning consultant or health department to have more area than those specified in Chapters 20.06 through 20.44.

   2. Lot sizes smaller than those set forth in Chapters 20.06 through 20.44 may be used if approved by the planning consultant and health department.

   3. Where a combined commercial and residential use is proposed for a parcel, a larger area than set forth in Chapters 20.06 through 20.44 may be required by the county planning consultant or health department.

• • • (Ord. 78 26 § 2, 1978: Ord. 70 9 § 1, 1970: Ord. 67 10 § 5.0107, 1967)

1. Where the front yard setback requirements, as set forth in Chapters 20.06 through 20.44, are less than those specified hereinafter, then in that case the front yard setback shall be as follows in all districts:

   1. On major highways, one-half the right-of-way width in commercial or industrial manufacturing areas but in no case less than sixty feet. In all other areas one-half the rightof-way width plus twenty feet but in no case less than seventy feet.

   2. On major county roads in commercial, industrial, or manufacturing areas, one-half the rightof-way width, but in no case less than forty feet.

   3. On major county roads in all other areas, one-half the right-of-way width, plus twenty feet but in no case less than fifty feet.

   4. On all minor county roads and non-county public roads in commercial, industrial, or manufacturing areas, one-half the right-of-way width but in no case less than thirty feet.

   5. On all other minor county roads and noncounty public roads, except private driveways, onehalf the right-of-way width plus twenty feet, but in no case less than forty feet.

   6. When a right-of-way or access easement is not designated, the limit of the prescriptive use/easement shall be reasonably identified in the field and used as the lot line from which the setback shall be determined.

2. Where public or mutual water or public sanitary systems are available, the lot coverage on any residential lot may be increased to permit up to sixty percent lot coverage, providing all other regulations to Chapters 20.02 - 20.60 are followed.

3. Cornices, eaves, canopies, balconies, galleries, and similar architectural features may extend into any required yard a distance not exceeding three feet.

4. Uncovered porches or stairways, fire escapes or loading docks may extend into any required front or rear yard a distance not exceeding six feet and into any required side yard a distance of not exceeding three feet.

5. The average setback of adjacent buildings may be substituted for front yard requirements on approval of the planning commission.

6. In case a dwelling is to be located so that the front or rear thereof faces any side lot line such dwelling shall be located not less than ten feet from such lot line.

7. In the case of a corner lot adjacent to a key lot in any R district, the required side yard on the street side of the corner lot within twenty-five feet of the side line of a key lot shall be equal to the front yard required on the key lot and the balance of such side yard shall be equal to not less than onehalf of the front yard required on the key lot.

8. In case an accessory building in any R district is attached to the main building it shall be made structurally a part thereof and shall comply in all respects with the requirements of Chapters 20.02 - 20.60 applicable to the main building.

9. A detached accessory building shall be located no less than five feet from any point or portion of the main building or another accessory building. Any building located closer than five feet from the main building shall be considered as an addition to the main building and shall therefore be deemed attached to the main building and be subject to code requirements applicable to a main building.

10. Where such is not specified, detached accessory buildings shall be located not less than five feet from any side lot line, alley, or rear lot line and shall not encroach on any easement or right-of-way of record.

11. Any accessory building used as a private stable shall be located not less than twenty feet from any side or rear property line, not less than fifty feet from the front property line, not less than twenty feet from any dwelling unit on the line.

12. Yards for the use of horses shall be fenced to keep animals not less than twenty feet from any dwelling.

13. Minimum side and rear yard requirements for a main building, where such are not specified, shall be five feet for side yards and ten feet for rear yards.

14. Nothing contained in the general provisions shall be deemed to reduce special yard requirements as set forth in the regulations for any R or A district.

15. The shorter street frontage of a corner lot shall be considered the front of the lot.

16. When a residence or an accessory building is proposed to be placed on a corner lot not adjacent to a key lot, in all R and FR zones, the street side setback shall be equal to one-half of the required front yard setback, but in no case less than ten feet.

• • (Ord. 95 17 §§ 7 (2), (4), 10 (1), 1995: Ord. 67 10 § 5.0108, 1967)

In accordance with the Del Norte County General Plan Policy 1.G.14 which "requires development within or adjacent to designated agricultural areas to include location, design, construction, and maintenance techniques that protect agriculture and minimize conflicts with adjacent agricultural uses", the County shall apply agricultural setbacks/buffers of at least 100 feet to new development requiring a discretionary review process and that are adjacent to lands that meet the definition of "agricultural lands" defined therein. No new residential structure or portion thereof, edible garden or orchard plants or wells shall be allowed within the 100 foot agricultural setback/buffer. The County may alter 100 foot setback/buffer requirement based on sit specific conditions and recommendations from the County Agricultural Commissioner.

(Ord. 2008-05 § E, 2008.)

The following provisions shall not apply to accessory dwelling units or junior accessory dwelling units as defined by this Code.

1. In case the buildings of a group are so located on the lot that the rear of the building which faces the street is faced by the front of a building to the rear (i.e., in a "front to back" series) no such building shall be closer than twenty feet to any other such buildings and the side yard providing access shall not be less than eight feet.

2. In case the buildings of a group are so located on the lot that the rears thereof abut upon one side yard and the fronts thereof abut the other side (i.e., in a single row "side to side" series) the side yard providing front access shall have a width of not less than twelve feet.

3. In case the buildings of a group are so located on the lot that the rears thereof abut each side yard and the fronts thereof face a court (i.e., in a double row "side to side" series) the court shall have a width of not less than thirty feet.

4. Any separate building of the group shall be located not less than ten feet from any other building of the group.

5. No building in any group shall be so located on the lot that the rear thereof abuts on any street line except where architectural treatment similar to the building front is provided.

6. Distances required between buildings on the same lot and as yards and courts for dwelling groups shall be increased by two feet for each story that the height of any building or dwelling group exceeds two stories.

• • (Ord. 2023 006 § 6 (part), 2023; Ord. 67 10 § 5.0109, 1967)

20.48.110 Household Pets

Household pets will be permitted in all districts provided they do not create a nuisance.

The keeping of any small livestock on parcels of less than an acre in size is prohibited unless the zoning district in which the subject parcel is located specifically permits small livestock farming except where the occupant of a one-family residence wishes to participate in a 4-H, FFA or other recognized youth program. In such case they may do so regardless of zoning subject to the below listed conditions:

1. The project animal is registered with the sponsoring agency.

2. An emblem, sign, decal or other official insignia of the sponsoring organization is paced within clear view from the street or access road.

3. No portion of a pen, cage or shelter for the animal(s) shall be located closer to a neighboring residence than to the one in which the project participant dwells.

4. No health hazard or neighborhood nuisance is created. In cases of a complaint of a neighborhood nuisance, a determination shall be made by the planning commission regarding the retention of the animal at the site. Where a parcel one acre or greater in size is located in a zoning district which does not specifically permit small livestock farming, up to eleven chicken hens, pigeons or similar fowl or eleven rabbits or similar animals may be kept. However, no roosters, quacking ducks, geese or similar animals are permitted.

(Ord. 94-18 §§ 2, 3 (part), 1994: Ord. 82-09 § 2 Exh. A(9), 1982: Ord. 67-10 § 5.0110, 1967)

The installation of manufactured homes on individual lots in areas zoned for single-family residential dwellings (any R, RR and FR zones) or in a zone which permits the placement of a manufactured home subject to the securement of a use permit (not including CT and TPZ zones), is permitted in compliance with the requirements of this section:

1. The manufactured home shall be subject to the same development standards to which a conventional single family residential dwelling on the same lot would be subject, including but not limited to, building setback standards, side and rear yard requirements, standards for enclosure and access, vehicle parking, any applicable aesthetic requirements, and minimum square footage requirements.

2. Pursuant to Section 65852.3 of California Government Code, the manufactured homes installed pursuant to this section shall conform to the following: 1. The unit shall be placed on a permanent foundation system pursuant to Section 18551 of the Health and Safety Code. 2. Roofing material shall consistent with those approved by the State of California. 3. The exterior covering material shall consistent with those approved by the State of California. 4. The exterior covering material shall extend to within six inches of the ground, except that when a solid concrete or masonry perimeter foundation is used the exterior covering material need not extend below the top of the foundation. 5. The unit shall have a covered entryway and steps sufficient to provide access to the unit. 6. The requirement for a permanent foundation shall not apply when a use permit has been granted by the planning commission for the temporary placement of a manufactured home.

(Ord. 2023-007 § 50, 2023; Ord. 95-17 § 2, 1995: Ord. 95-06 § 3, 1995: Ord. 92-05 § 1, 1992: Ord. 88-32 § 1 (part), 1988: Ord. 87-26 § 1 (Exh. A (part)), 1987: Ord. 85-09 § 1 (part), 1985: Ord. 81-18 § 1, 1981)

Subject to the issuance of a use permit, mobile home parks are permitted on all land designated by the general plan and zoned for residential land use, providing that:

1. Project density, including existing or non-mobile home park residential development, does not exceed that designated by the zoning district which is in effect.

2. Project development shall meet any mobile home park standards in effect at the time of approval.

3. Mobile home units are subject to Section 20.48.130 of this code.

4. No recreational vehicle spaces or occupancy shall be permitted; and

5. All other policies of the county general plan and ordinances regarding development shall apply.

• (Ord. 82 09 § 2 Exh. A(10), 1982)

• 20.49 ES District Emergency Shelter Combining District

20.49.20 Regulations; General

20.49.30 Regulations; Special

The intent of the Emergency Shelter Combining District is to provide for the placement of emergency homeless shelters; to address the special needs and characteristics of emergency shelters; to ensure housing provided by emergency shelters will meet building, health, safety and access standards; to provide sufficient space, parking and circulation to meet the needs of the emergency shelter; to provide compatibility with other uses allowed within the zoning districts in which emergency shelters are located; and to provide a safe environment for emergency shelter residents.

• (Ord. 2011 001, 2011)

In a district which is combined with an Emergency Shelter Combining District, the regulations setforth in the subject chapter apply in addition to the respective regulations specified for such district.

- (Ord. 2011 001, 2011)

As used in this ordinance, "Emergency Homeless Shelter" means a building, structure or group of structures under single management that provide temporary, short-term emergency housing for individuals or families. An Emergency Homeless Shelter is typically managed by a non-profit or group of non-profits, a church or group of churches, by other agencies, by volunteers or by a combination thereof. Beds in an emergency shelter are generally provided dormitory- style, and any meals are typically served and eaten as a group.

The following performance standards shall apply to Emergency Homeless Shelters:

1. Property Development Standards. The shelter for the homeless shall conform to all property development standards of the base Zone District except as modified by these performance standards.

2. The lodgers shall retain a right of access to and control of the premises and offer all the services provided for in California Civil Code section 1940(b)(2) so that the transient occupants do not become "tenants" with the rights afforded tenants under the California Civil Code.

3. The lodgers shall adopt and use good faith efforts to enforce its rules and screening processes to assist in the minimization of sexual predation and physical danger to the ether homeless in the Emergency Homeless Shelter:

4. Maximum Number of Persons/Beds. The entire facility shall accommodate no more than 60 transient emergency shelter occupants per night.

5. Lighting. Adequate external lighting shall be provided for security purposes. The lighting shall be in compliance with Section 20.48.050 which requires that lighting be directed away from adjacent properties and public rights-of-way, and of an intensity compatible with the neighborhood.

6. Laundry Facilities. The development shall provide laundry facilities adequate for the number of residents.

7. Common Facilities. The development may provide one or more of the following specific common facilities for the exclusive use of the residents: a. Central cooking and dining room(s). b. Recreation room.

8. Security. Parking facilities shall be designed to provide security for residents, visitors, and employees.

9. Off Street Parking. Off-street parking for homeless shelters shall be subject to requirements set forth in Section 20.46.020.T.

10. Outdoor Activity. For the purposes of noise abatement, outdoor activities may only be conducted between the hours of 8:00 a.m. to 10 p.m.

11. Concentration of Uses. No more than one shelter for the homeless shall be permitted within a radius of 300 feet from another such shelter.

12. Refuse. The proposed Emergency Homeless Shelter shall provide a refuse storage area that is completely enclosed with masonry walls not less than five (5) feet high with a solid-gated opening that is large enough to accommodate a standard-sized trash bin adequate for the parcel.

13. Shelter Provider. The lodger operating the shelter shall comply with the following requirements: 1. Staff and services shall be provided to assist residents to obtain permanent shelter and income. 2. The lodger shall not unlawfully discriminate in any services provided. 3. The lodger shall not require participation by residents in any religious or philosophical ritual, service, meeting or rite as a condition of eligibility. 4. All conditions requiring permits or approval from a regulatory agency (e.g. building permit, sign off from County Environmental Health Dept., sign off from Fire Chief of the Crescent Fire Protection District etc.) shall be completed prior to use of the facility as an Emergency Homeless Shelter. Any use of the facility as an emergency shelter prior to satisfaction of the conditions will result in enforcement of the County Zoning Ordinance by the County's Code Enforcement Division, 5. Prior to any Emergency Homeless Shelter operations, the lodger shall submit a separate plan check submittal to the Crescent Fire Protection District for their review and approval. Any items required to comply with the California Fire Code must be completed to the

satisfaction of the conditions will result in enforcement of the County Zoning Ordinance by the County's Code Enforcement Division, 5. Prior to any Emergency Homeless Shelter operations, the lodger shall submit a separate plan check submittal to the Crescent Fire Protection District for their review and approval. Any items required to comply with the California Fire Code must be completed to the

satisfaction of the Fire Chief prior to transient occupancy of the facility, 6. All bedding and overnight sleeping accommodations shall be continuously provided to emergency shelter clients to the satisfaction of the Building Inspection Division and the Environmental Health Department, 7. A minimum floor area allowance per occupant shall be 50 gross square feet as defined in the 2007 California Building Code for the dormitories function of space (Table 1004.1.1); 8. Exit signs with battery backup which must be installed at each exit; 9. Smoke alarms must be installed and maintained on the ceiling or wall outside of each separate sleeping area in the immediate vicinity and in each room used for sleeping purposes; 10. Individual sleeping units and contiguous attic and crawl spaces must be separated from each other and public or common areas by at least 1-hour fire partitions; 11. Draft stopping shall be provided in attics, mansards, overhangs or other concealed roof spaces; 12. No loud noises shall be permitted on the subject site any time. The lodger shall prevent loitering, disruptive behavior and loud noises on the Emergency Homeless Shelter and the public rights-of-way abutting the subject site. 13. The Emergency Homeless Shelter shall be maintained in a neat, quiet, and orderly condition and operated in a manner so as not to be detrimental to adjacent properties and occupants. This shall encompass the maintenance of exterior facades of the building, designated parking areas serving the shelter and the perimeter of the site. Any new signage would require a sign and/or building permit reviewed and approved by the County Building Inspection and Planning Divisions; 14. The lodger shall allow periodic reinspections, at the discretion of the County agencies regulating the project and the Fire Chief of the Crescent Fire Protection District, to verify compliance. At a minimum, the County shall inspect the facility on an annual basis or whenever a complaint is received. If violations are found to exist, the applicant/operation shall be given a set period of time as requested by the appropriate regulatory agency to bring the facility into full compliance. 15. The applicant shall submit a Security Plan for the review and approval of the County Sheriff prior operation of the emergency homeless shelter. The Plan shall include the following items as requested by the Sheriff: i. Staff shall be present at the site to monitor the operation of the shelter; ii. Staff shall be mandated reporters for cases of abuse both physical and sexual; iii. Access to the County for public safety inspections or investigations by law enforcement must be made available; and iv. No unlawful conduct involving alcohol, drugs or drug paraphernalia shall be allowed.

s requested by the Sheriff: i. Staff shall be present at the site to monitor the operation of the shelter; ii. Staff shall be mandated reporters for cases of abuse both physical and sexual; iii. Access to the County for public safety inspections or investigations by law enforcement must be made available; and iv. No unlawful conduct involving alcohol, drugs or drug paraphernalia shall be allowed.

(Ord. 2023-007 § 51, 2023; Ord. 2011-001, 2011)

20.50 Nonconforming Uses 20.50.10 Generally 20.50.12 Nonconforming Parcels; Time To Comply 20.50.14 Nonconforming Parcels; Opportunity To Divide 20.50.16 Applicability Of Grace Period 20.50.20 Continuation 20.50.30 Fifty Percent Destruction 20.50.40 Cessation Of Use 20.50.50 Alterations; Use Change 20.50.60 Prior Actual Construction

The lawful use of land existing on the effective date of areas zoned or rezoned under Chapters 20.02 through 20.60, although such use does not conform to the regulations specified by Chapters 20.02 through 20.60 for the district in which such land is located, is a nonconforming use and may be continued as hereinafter provided, except that no such use shall be enlarged or increased nor be extended to occupy a greater area than that occupied by such use at the time the area is zoned or rezoned under Chapters 20.02 through 20.60 except as provided by Section 20.50.50C and except for the replacement of a mobile home with a larger mobile home. If any such use ceases for a period of one year, including a nonconforming mobile home, the subsequent use of such land shall be in conformance with the regulations of Chapters 20.02 through 20.60. Should a nonconforming mobile home be damaged or destroyed by fire, flood, explosion, or act of God, that mobile home can be destruction of the mobile home. A nonconforming mobile home is a right that is transferable by the owner of the land upon which it situated. Any billboard or outdoor advertising sign, except as otherwise permitted in any R-1A, R-2A, R-1, R-2 or R-3 district that is located within any R-1A, R-2A, R-1, R-2 or R-3 district shall be removed within five years from and after the effective date an area is zoned or rezoned under Chapters 20.02 through 20.60. Any truck terminal or truck repair shop or junkyard located within any R-1A, R-2A, R-1, R-2 or R-3 district shall be removed within seven years from and after the effective date an area is zoned or rezoned under Chapters 20.02 through 20.60.

• • • (Ord. 78 25 (part) 1978: Ord. 73 16 §§ 1, 2, 1973: Ord. 67 10 §§ 5.0200, 5.0201, 1967)

When land is zoned or rezoned under this chapter, and parcels of property in the area are already improved and nonconforming because of size, the owners of these preexisting improved nonconforming size parcels shall have a period of one hundred twenty days within which to apply for the division of their parcels subject to the provisions of the county lot split ordinance.

• (Ord. 74 17 (part), 1974)

The purpose of Sections 20.50.012 through 20.50.016 is to grant to the owners of preexisting improved nonconforming size parcels an opportunity to divide their parcels.

• (Ord. 74 17 (part), 1974)

The grace period herein provided shall commence to run upon the adoption of a specific zone ordinance by the board of supervisors and shall apply only to preexisting nonconforming size parcels, and not to the use of any such parcel.

• (Ord. 74 17 (part), 1974)

The lawful use of a building existing October 23, 1967, may be continued, although such building and/or use do is not conform to the regulations specified for the district in which such building is located.

- (Ord. 67 10 § 5.0202, 1967)

If at any time, any building in existence on the effective date an area is zoned or rezoned under Chapters 20.02-20.60 which does not conform to the regulations for the district in which it is located, be damaged or destroyed by fire, explosion, act of God, or act of the public enemy, to the extent of more than fifty percent of the market value thereof, according to the appraisal by the county assessor for the fiscal year during which such destruction occurs, the land and building shall be thereafter subject to all the regulations specified by Chapters 20.02-20.60, for the district in which such land and buildings are located.

- (Ord. 67 10 § 5.0203, 1967)

If the actual operation of a nonconforming use of a building ceases for a continuous period of twelve months, unless the legal owner can establish valid proof to the contrary, such cessation of nonconforming use shall be considered abandonment then without further action by the planning commission the building and the land on which the building is located shall be subject to all the regulations specified by Chapters 20.02-20.60 for the district in which such land and building are located.

- (Ord. 67 10 § 5.0204, 1967)

The following additional regulations shall apply to nonconforming buildings:

1. The nonconforming use of a building may be changed to a use of the same or more restricted nature provided that in each case a use permit is first secured.

2. The nonconforming use of a portion of a building may be extended throughout the building provided that in each case a use permit is first secured.

3. The enlargement, extension, reconstruction or structural alteration of a nonconforming building may be permitted provided that in each case a use permit is first secured.

4. Ordinary maintenance and repairs may be made to any nonconforming building providing no structural alterations are made and provided that such work does not exceed the assessed value in any one year period.

• (Ord. 67 10 § 5.0205, 1967)

Nothing contained in Chapters 20.02 - 20.60 requires any change in the plans, construction or designated use of any building upon which actual construction was lawfully begun prior to the effective date an area is zoned or rezoned under Chapters 20.02 - 20.60. "Actual construction" means the actual

placing of construction materials in their permanent position, fastened in a permanent manner or actual work in excavating a basement, provided that in all cases actual construction work shall be diligently carried on until the completion of the building or structure involved.

• (Ord. 67 10 § 5.0206, 1967)

20.52 Amendments 20.52.10 Purpose 20.52.20 Initiation 20.52.30 Application Fee 20.52.40 Public Hearing; Planning Commission 20.52.50 Report And Recommendations Of Planning 20.52.60 Public Hearing; Board Of Supervisors

Chapters 20.02 - 20.60 may be amended to establish detailed zoning districts, to change district boundaries or to change any other provisions thereof whenever the public necessity and convenience and the general welfare require such amendment by following the procedure set forth in this chapter.

• (Ord. 67 10 § 5.0300, 1967)

An amendment may be initiated by:

1. The petition of one or more property owners, or their authorized agents, affected by the proposed amendments which petition shall be filed with the planning commission.

2. Board of supervisors.

3. Planning commission.

• (Ord. 67 10 § 5.0301, 1967)

An application for an amendment pursuant to Section 20.52.20A., shall be accompanied by a filing fee as prescribed in the current fee schedule resolution of the board of supervisors and shall also be accompanied by the following data necessary to demonstrate that the proposed amendment is in general conformance with the general plan and that the public necessity, convenience, and general welfare, require the adoption of the proposed amendment:

1. An accurate legal description and map showing:

   1. Properties within the proposed or amended zoning district,

   2. Boundary of the district,

   3. Roads, rights-of-way or other data deemed pertinent by the planning commission;

2. This map shall be drawn on a sheet or sheets eighteen inches by twenty-six inches with a one inch border, and shall be drawn on tracing paper or similar material, to a scale of one inch equal four

hundred feet.

• • (Ord. 2009 003 § 5 (part), 2009: Ord. 67 10 § 5.0302, 1967)

1. The planning commission shall hold one or more public hearings on any proposed amendment, at least ten days apart, and shall give notice thereof by at least one publication in a newspaper of general circulation within the county at least ten days prior to the first of such hearings.

2. In case the proposed amendment consists of a change of the boundaries of any district so as to reclassify property from any other district, the planning commission shall give additional notice of the time and place of such hearings and of the purpose thereof by posting public notices thereof not less than ten days prior to the date of the first of such hearings along the streets or roads upon which the property proposed to be reclassified abuts and in the vicinity thereof. Any failure to post public notices as aforesaid shall not invalidate any proceedings for amendment of Chapters 20.02 - 20.60.

3. In case the proposed amendment consists of a change of zoning, the planning commission shall give further additional notice of the time and place of such hearings and of the purpose thereof. This notice shall be mailed first class, postage prepaid, at least ten days prior to the first hearing. The notice shall be addressed to each property owner in the area involved at his address as it appears on the latest current secured assessment roll of the county of Del Norte. Proof of mailing shall be by declaration under penalty of perjury filed with the commission. The failure of the property owner to receive the notice shall in no way invalidate any proceedings under this chapter.

- - (Ord. 69 15 § 1, 1969: Ord. 67 10 5.0303, 1967)

Following the aforesaid hearings, the planning commission shall submit a written report of its findings and a summary of hearings, together with its written recommendation with respect to the proposed amendment to the board of supervisors. Upon the consent of the planning commission, any petition for an amendment may be withdrawn upon the written application of a majority of all the persons who signed such petition. Where an amendment has been referred by the board of supervisors to the planning commission for a report, such report shall be made to the board of supervisors within forty days. Failure to do so shall be deemed an approval of the proposed regulation or amendment by the planning commission.

• (Ord. 67 10 § 5.0304, 1967)

Upon receipt of the recommendations from the planning commission, the board of supervisors shall set the matter for public hearing and shall give notice thereof by one publication in a newspaper of general circulation within the county at least ten days prior to such hearing. The board may approve, modify or disapprove any recommendation of the planning commission. Any modification of the proposed ordinance or amendment shall be referred back to the planning commission for a report and recommendation. Within ninety days from the date of receipt, the board of supervisors may adopt the

proposed amendment or any part thereof. The board of supervisors by resolution may abandon any proceedings for an amendment initiated by its own action, provided that such abandonment may be made only when such proceedings are before such body provided that any hearing of which public notice has been given shall be held.

• (Ord. 67 10 § 5.0305, 1967)

20.54 Variances 20.54.10 When Granted 20.54.20 Application Fee; Condition 20.54.30 Public Hearing 20.54.40 Report By Planning Commission 20.54.50 Action By Board Of Supervisors 20.54.60 Revocation

Variances from the terms of Chapters 20.02 - 20.60 shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of Chapters 20.02 - 20.60 deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.

Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and district in which such property is situated.

• (Ord. 67 10 § 5.0400, 1967)

Application for a variance shall be made in writing on a form prescribed by the planning commission and shall be accompanied by a filing fee as prescribed by the current fee schedule resolution of the board of supervisors. Before any variance may be granted by the board of supervisors all of the following must be shown:

1. That there are, exceptional or extraordinary circumstances, or conditions applying to the land referred to in the application, which circumstances or conditions do not apply to other lands, in the same district;

2. That the granting of the variance is necessary for the preservation and enjoyment of substantial property rights of the applicant;

3. That the granting of such variance will not, under the circumstances of the particular case, materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant, and will not, under the circumstances of the particular case, be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood.

• • (Ord. 2009 003 § 6 (part), 2009: Ord. 67 10 § 5.0401, 1967)

A public hearing shall be held within sixty days after filing of application, notice of which shall be given by one publication in a newspaper of general circulation in the county and/or by posting notice on the property involved or adjacent thereto at least ten days prior to such hearing.

- (Ord. 67 10 § 5.0402. 1967)

Following the public hearing the planning commission shall make a written report showing whether the qualifications under Section 20.54.20 apply to the land for which variance is sought and whether such variance shall be in harmony with the general purposes of Chapters 20.02 - 20.60. Such written report together with a written recommendation shall be submitted to the board of supervisors.

- (Ord. 67 10 § 5.0403, 1967)

The board of supervisors shall consider the variance application within sixty days after the receipt of the planning commission reports and if the board of supervisors finds that the qualifications under Section 20.54.20 do in fact apply to the land for which variance is sought and that such variance is in harmony with the general purposes of Chapters 20.02-20.60 the board shall by resolution grant such variance. The board of supervisors may designate conditions and guarantees in connection with the variance to secure the purposes of Chapters 20.02-20.60.

- (Ord. 67 10 § 5.0404, 1967)

1. In any case where the conditions of granting of a variance have not, or are not complied with, the board of supervisors shall give notice to the permittee of intention to revoke such variance at least ten days prior to a hearing thereon by the planning commission. After conclusion of the hearing the planning commission may revoke such variance. Such revocation shall be subject to confirmation by the board of supervisors.

2. In any case, where a variance has not been used within one year after the date of granting thereof, then, without further action by the planning commission or board of supervisors, the variance granted shall be null and void.

• (Ord. 67 10 § 5.0405, 1967)

20.56 Use Permits 20.56.10 Generally 20.56.20 Application; Fees

20.56.25 Environmental Review

20.56.30 Public Hearing

20.56.40 Action By Planning Commission

20.56.50 Revocation

20.56.55 Amendment 20.56.60 When Required

Use permits which may be revocable, conditional or valid for a term period, may be issued only for any of the uses or purposes for which such permits are required or permitted by the terms of Chapters 20.02 - 20.60.

- (Ord. 67 10 § 5.0500, 1967)

1. Application for a use permit shall be made to the planning commission in writing on a form provided by the planning commission and shall be accompanied by plans and elevations necessary to show details of the proposed use or building. Such application shall be accompanied by a filing fee as prescribed in the current fee schedule resolution of the board of supervisors.

2. Application for a use permit for use of mobile home or trailer shall be made to the building department in writing on a form prescribed by the planning commission and shall be accompanied by a fee of twenty-five dollars, fifteen dollars of which is returned to the applicant in the event that the use permit is denied.

• • (Ord. 2009 003 § 6 (part), 2009: Ord. 67 10 § 5.0501, 1967)

All use permit applications shall be reviewed by the environmental review committee. This committee will make preliminary environmental impact analysis on all use permit applications and will require from the applicant all necessary information whereby they will be enabled to make their recommendations to the planning commission.

• (Ord. 78 19 (part), 1978)

The planning commission may hold such public hearings on a use permit application as it may deem to be necessary, notice of which shall be given at least ten days prior to such hearing, through U.S. mail, to all persons whose names and addresses appear on the latest adopted tax rolls as owning real property within a distance of not less than three hundred feet from the exterior boundaries of the area which is the subject of the hearing.

Further public notification shall be by notice in at least one publication in a newspaper of general circulation within the county at least ten days prior to the first public hearing.

Further neighborhood notification shall be made in the form of public notices posted at conspicuous places on or near the affected properties not less than ten days prior to the first public hearing. Such notices shall give the time, place and nature of the public hearing.

Any failure to post public notices as aforesaid shall not invalidate any proceedings pursuant to this chapter.

To facilitate the above public hearing notification procedure, and to keep county costs of processing such individual permit requests to a minimum, the application for a use permit shall include:

1. Verification of the applicant's interest in the property, such as a copy of the grant deed or signed or certified escrow instructions or title report;

2. A list of all property owners of record within three hundred feet of the applicant's property, together with a drawing or assessor's plat map showing the relationship of these properties to the applicant's. Names and addresses of property owners are available in the county assessor's office. Applicants should make every effort to provide the names of present property owners. Should there be an out-of-county address for a property, yet it is known that there is a residence on the property, an effort should be made to provide the name and mailing address of the tenant on the property;

3. One stamped, business-letter size envelope addressed to each of the persons on the list.

(Ord. 78-19 (part), 1978: Ord. 68-12 § 2 (part), 1968: Ord. 67-10 § 5.0502, 1967)

1. The planning commission may issue the use permit if the findings of the commission shall be that the establishment, maintenance or operation of the use applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood, and that such use is in harmony with the general purposes of Chapters 20.02 - 20.60.

2. The planning commission may designate such conditions as it deems necessary to secure the purposes of Chapters 20.02 - 20.60, and may require a guarantee and/or bond that such conditions will be complied with.

- (Ord. 67 10 § 5.0503, 1967)

1. In any case where the conditions of granting of a use permit have not, or are not, complied with, the planning commission shall give notice to the permittee by certified mail sent to the address shown on the application for the use permit, at least ten days prior to a hearing thereon. At the conclusion of the hearing the planning commission may revoke such permit. Such revocation shall be subject to the right of appeal in the same manner as set forth in Chapter 20.58.

2. In any case where a substantial start has not been made to use the use permit within one year after the date of granting thereof, or the use permit has been abandoned for a period of one year, then, without further action by the planning commission or board of supervisors, the use permit granted shall be null and void. Evidence of a substantial start or abandonment of a use permit may be reviewed by the planning commission as per subsection A of this section.

• • (Ord. 78 19 (part), 1978: Ord. 67 10 § 5.0504, 1967)

A use permit shall be required under the following circumstances.

1. Any amendment(s) to a prior approved use permit, including but not limited to a requested change in contingencies.

2. An addition or expansion of a use permit.

3. An addition or expansion of a use requiring but not having a use permit because the land use predates the zoning requiring a use permit.

- (Ord. 78 19 (part), 1978)

Notwithstanding any of the provisions to the contrary contained in Chapters 20.02-20.60, a use permit issued by the planning commission is required for the construction or development in any district of the county of all mobilehome parks, travel trailer parks, recreational trailer parks, temporary trailer parks, incidental camping areas and tent camps.

• • (Ord. 71 17 § 1, 1971: Ord. 67 10 § 5.0505, 1967)

20.58.10 Filing Of Notice 20.58.15 Payment Of Filing Fee 20.58.20 Consideration By Board Of Appeals 20.58.30 Public Hearing; Notice 20.58.40 Decision By Board Of Supervisors

Any person aggrieved by an action of the planning commission may take an appeal to the board of supervisors by filing a notice of appeal with the clerk of the board of supervisors and with the planning commission within ten days of the action of the planning commission. An appeal of an action of the planning commission must express all bases for appeal with sufficient information and documents supporting all grounds of appeal reasonably available thereto. No additional grounds, information, or documents reasonably known or available at the time an appeal is filed will be accepted or considered by the board of supervisors after the expiration of ten days from the challenged action. The appeals process of this section is the exclusive, full and complete remedy available to a person aggrieved by an action of the planning commission. Failure to follow this appellate procedure will foreclose any aggrieved person the opportunity to file a legal challenge to the planning commission action complained of. Upon receipt of the planning commission records, the board of supervisors shall notify the planning commission, at least five days previous, of the time the board will consider the appeal.

• • (Ord. 84 16 § 4, 1984: Ord. 67 10 § 5.0600, 1967)

The notice of appeal required by Section 20.58.10 shall be accompanied by payment of the fee required by resolution of the board of supervisors, except that a Del Norte County department head, when acting in

his or her official capacity as a county department head, shall not be required to pay a filing fee to appeal an action of the planning commission. If a filing fee is required pursuant to this chapter, the notice of appeal shall not be deemed filed unless accompanied by the fee required by resolution of the board of supervisors.

• • (Ord. 99 004 § 2, 1999: Ord. 96 04 § 2, 1996)

The board of supervisors shall consider the appeal and the record upon which the action appealed from was taken, and may, at its own discretion, cause the matter to be set for a public hearing.

- (Ord. 67 10 § 5.0601, 1967)

If the board of supervisors causes the matter to be set for a public hearing, notice of the hearing shall be given by publication in a newspaper of general circulation printed and published in the county at least ten days prior to the hearing. The hearing may be continued from time to time.

- (Ord. 67 10 § 5.0602, 1967)

Within in sixty days of the filing of the notice of appeal, the board of supervisors shall render its decision on the matter. Failure of the board of supervisors to render its decision on the matter within sixty days of the filing of the notice of appeal shall be a denial of the appeal and an affirmation of the action of the planning commission. The decision of the board of supervisors upon any appeal is final and conclusive to all things involved in the matter.

• • (Ord. 84 16 § 5, 1984: Ord. 67 10 § 5.0603, 1967)

20.60.20 Enforcement Authority

20.60.30 Violation; Nuisance

All departments, officials and public employees of the county which are vested with the duty or authority to issue permits or licenses shall conform to the provisions of Chapters 20.02 through 20.60 and shall issue no such permit or license for uses, buildings, or purposes where the same would be in conflict with the provisions of Chapters 20.02 through 20.60.

• (Ord. 67 10 § 6.0100, 1967)

It shall be the duty of the building department and any designated officer of the county to enforce Chapters 20.02 - 20.60 and all its provisions. For purposes of the enforcement of Chapters 20.02 through 20.60, the building department shall have police powers.

• (Ord. 67 10 § 6.0101, 1967)

Any building or use operated or maintained contrary to the provisions of these regulations is a public nuisance and is subject to injunction and abatement as such.

• (Ord. 67 10 § 6.0103, 1967)

20.65 Density Bonus Law 20.65.10 Purpose 20.65.20 Definitions 20.65.30 Applicability 20.65.40 Density Bonus 20.65.50 Application Requirements 20.65.60 Incentives 20.65.70 Discretionary Approval Authority Retained 20.65.80 Waivers 20.65.90 Affordable Housing Agreement 20.65.100 Design And Quality 20.64 Airport

The purpose of this Chapter is to adopt an ordinance that specifies how compliance with Government Code Section 65915-65918 ("State Density Bonus Law") will be implemented in an effort to encourage the production of low income housing units in developments proposed within the County.

• (Ord. 2014 001 § 2, 2014)

Unless otherwise specified in this chapter, the definitions found in state density bonus law shall apply to the terms contained herein.

This chapter shall to all zoning districts, including mixed use zoning districts, where residential developments of five (5) or more dwelling units are proposed and where the applicant seeks and agrees to provide, low, very low, senior and moderate income units in threshold amounts specified in the state density bonus law such that the resulting density is beyond that which is permitted by the applicable zoning. This chapter and state density bonus shall apply only to the residential component of a mixed use

project and shall not operate to increase the allowable density of the nonresidential component of any proposed project.

- (Ord. 2014 001 § 2, 2014)

A density bonus for housing development means a density increase over otherwise maximum allowable residential density under the applicable zoning and land use designation on the date the application is deemed complete. The amount of the allowable density bonus shall be calculated as provided in state density bonus law and may not combine density bonuses from different income categories to achieve a larger density bonus.

- (Ord. 2014 001 § 2, 2014)

1. Any applicant requesting a density bonus, incentive(s) and/or waiver(s) pursuant to the state density bonus law shall provide the county with a written proposal. The proposal shall be submitted prior to or concurrently with filing the building permit application or planning permit application (whichever is required first) for the housing development and shall be processed in conjunction with the underlying application.

2. The proposal for a density bonus, incentive(s) and/or waiver(s) pursuant to the state density bonus law shall include the following information:

   1. Requested Density Bonus. The specific requested density bonus proposal shall provide evidence that the project meets the thresholds for state density bonus law. The proposal shall also include calculations showing the maximum base density, the number/percentage of affordable units and identification of the income level at which such units will be restricted, additional market rate units resulting from the density bonus allowable under state density bonus law and the resulting unit per acre density. The density bonus units shall not be included in determining the percentage of base units that qualify a project for a density bonus pursuant to state density bonus law.

   2. Requested Incentive(s). The request for particular incentive(s) shall include a pro forma or other report evidencing that the requested incentive(s) results in identifiable, financially sufficient and actual cost reductions that are necessary to make the housing units economically feasible. The report shall be sufficiently detailed to allow the county to verify its conclusions.

   3. Requested Waiver(s). The written proposal shall include an explanation of the waiver(s) of development standards requested and why they are necessary to make the construction of the project physically possible. Any requested waiver(s) shall not exceed the limitations provided by Section 20.65.80 and to the extent such limitations are exceeded will be considered as a request for an incentive.

3. At their sole discretion the Board of Supervisors may approve a density bonus and/or incentive(s) in accordance with state density bonus law for a project that does not maximize the underlying base zoning density. Additionally, nothing herein prevents the county from granting a greater density bonus and additional incentives or waivers than that provided for herein, or from providing a lesser

density bonus and fewer incentives and waivers than that provided for herein when the housing development does not meet the minimum thresholds (see application procedures).

- (Ord. 2014 001 § 2, 2014)

1. The number of incentives granted shall be based upon the number the applicant is entitled to pursuant to the state density bonus law.

2. An incentive includes a reduction in site development standards for a modification of zoning requirements or architectural requirements that result in identifiable, financially sufficient and actual cost reductions. An incentive may be the approval of mixed use zoning (e.g., commercial) in conjunction with a housing project if the mixed use will reduce the cost of the housing development and is compatible with the housing project.

3. A requested incentive may be denied only for those reasons provided in the state density bonus law. Denial of an incentive is a separate and distinct act from a decision to deny or approve the entirety of the project.

• (Ord. 2014 001 § 2, 2014)

The granting of a density bonus or incentive(s) shall not be interpreted in and of itself to require a general plan amendment, zoning change, or other discretionary approval. If an incentive would otherwise trigger one of these approvals, when it is granted as an incentive, no general plan amendment, zoning change or other discretionary approval is required. However, if the base project without the incentive requires a general plan amendment, zoning change, or other discretionary approval, the county retains discretion to make or not make the required findings for approval of the base project.

- (Ord. 2014 001 § 2, 2014)

A waiver is a modification to a development standard such that to construct at the increased density would be physically impossible. Development standards include, but are not limited to, a height limitation, a setback requirement, an on-site open space requirement, or a parking ratio that applies to a residential development. An applicant may request a waiver of any development standard to make the project physically possible to construct at the increased density. To be entitled to the requested waiver the applicant must show that without the waiver construction of the project would be physically precluded. There is no limit on the number of waivers.

• (Ord. 2014 001 § 2, 2014)

Prior to project approval, the applicant shall enter into an affordable housing agreement with the county to be executed by the county administrative officer without review by the planning commission or board of supervisors if the underlying application does not require review and and/or approval by those bodies,

to the satisfaction of the county counsel guaranteeing the affordability of the rental or ownership units for a minimum of thirty (30) years and identifying the type, size and location of each affordable unit. Such affordable housing agreement shall be recorded in the Del Norte County recorder's office.

- (Ord. 2014 001 § 2, 2014)

1. Affordable units must be constructed concurrently with market rate units and shall be integrated into the project. Affordable units shall be of equal design and quality as the market rate units. Exteriors, including architecture and elevations, and floor plans of the affordable units shall be similar to the market rate units. Interior finishes and amenities may differ from those provided in the market rate units, but neither the workmanship nor the products may be of substandard or interior quality as determined by the building official. The number of bedrooms in the affordable units shall be consistent with the mix of market rate units.

2. Parking standards shall be modified as allowable under state density bonus law and anything beyond those standards shall be considered a request for an incentive.

• (Ord. 2014 001 § 2, 2014)

20.64 Airport 20.64.10 Short Title 20.64.20 Purpose 20.64.30 Maps 20.64.40 Definitions 20.64.50 Airport Zones 20.64.60 Airport Zone Height Limitations

20.64.70 Use Restrictions 20.64.80 Nonconforming Uses

20.64.90 Variances 20.64.100 Administrative Agency 20.64.110 Conflicting Regulations 20.64.120 Violation

The ordinance codified in this chapter shall be known and may be cited as the "Del Norte County airport zoning ordinance."

• (Ord. 80 14 (part), 1980)

Pursuant to the authority conferred by the Conservation and Planning Act of the state of California and in conformity with Sections 21402 and 21403 of the Public Utilities Code and standards of the Federal Aviation Agency of the United States, the board of supervisors of the county of Del Norte, state of California, deems it necessary to create an "airport zoning ordinance" for the purpose of promoting the

health, safety and general welfare of the inhabitants of the county of Del Norte by preventing the creation or establishment of airport hazards, thereby protecting the lives and property of the users of the county airport and of occupants of the land in its vicinity and preventing destruction and impairment of the utility of the airport and public investment therein. This ordinance regulates and restricts the height of structures and objects of natural growth and otherwise regulates the use of property in the vicinity of:

Jack McNamara Field, Crescent City

Andy McBeth Airport, Klamath Glen and

Ward Field, Gasquet.

• (Ord. 80 14 (part), 1980)

The following maps are approved as the official maps for airport zoning purposes and made a part of this chapter:

Jack McNamara Field Approach and Clear Zone Plan, dated June 1978

Andy McBeth Airport Approach and Clear Zone Plan, dated July 1978

Ward Field Approach and Clear Zone Plan, dated July 1978.

These official airport zoning maps shall be on file in the office of the county clerk copies of the maps are attached hereto. The maps are subject to amendments thereof from time to time as may be necessary. Such amendments shall be entered on the official maps and the same shall be kept up to date at all times.

• (Ord. 80 14 (part), 1980)

As used in this chapter, unless the context otherwise requires:

1. "Airport" means Jack McNamara Field, Andy McBeth Airport and Ward Field.

2. "Airport elevation" means the highest point of the airport's usable landing area specifically:

Jack McNamara Field, fifty-seven feet above mean sea level

Andy McBeth Airport, forty-one and one-half feet above mean sea level

Ward Field, three hundred forty feet above mean sea level.

3. "Approach surface" means a surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in Section 20.64.60 of this chapter. In the plan the perimeter of the approach surface coincides with the perimeter of the approach zone.

4. "Approach, transitional, horizontal, and conical zones" means the zones as set forth in Section 20.64.50 of this chapter.

5. "Conical surface" means a surface extending outward and upward from the periphery of the horizontal surface at a slope of twenty to one for a horizontal distance of four thousand feet.

6. "Hazard to air navigation" means an obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.

7. "Horizontal surface" means a horizontal plane one hundred fifty feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.

8. "Larger than utility runway" means a runway that is constructed for and intended to be used by a propeller driven aircraft of greater than twelve thousand five hundred pounds maximum gross weight and jet powered aircraft specifically:

Jack McNamara Field, Runways 11-29 and 17-35

Andy McBeth Airport, none

Ward Field, none.

9. "Nonconforming use" means any structure, tree or use of land which does not conform to a regulation prescribed in this chapter or an amendment thereto, as of the effective date of such regulations.

10. "Nonprecision instrument runway" means a runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight in non-precision instrument approach procedure has been approved or planned specifically:

Jack McNamara Field, Runway 35

Andy McBeth Airport, none

Ward Field, none.

11. "Obstruction" means any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in Section 20.64.60 of this chapter.

12. "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.

13. "Planning commission" means the county planning commission of Del Norte County, state of California.

14. "Precision instrument runway" means a runway having an existing instrument approach procedure utilizing an instrument landing system (ILS) specifically:

Jack McNamara Field, Runway 11

Andy McBeth Airport, none

Ward Field, none.

15. "Primary surface" means a surface longitudinally centered on a runway, extending and two hundred feet beyond each end of that runway, and having a width as set forth in Section 20.64.50 of this chapter. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

16. "Runway" means a defined area on an airport prepared for landing and takeoff of aircraft along its length.

17. "Structure" means any object, including a mobile object, constructed or installed by man, including but without limitation, buildings, towers, cranes, smokestacks, earth formation, and overhead transmission lines.

18. "Transitional surfaces" means the surfaces extending outward at ninety degree angles to the runway centerline and the extended runway centerline at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces.

19. "Tree" means any object of natural growth.

20. "Utility runway" means a runway that is constructed for and intended to be used by propeller driven aircraft of twelve thousand five hundred pounds maximum gross weight or less specifically: Jack McNamaraField, Runway 13-31 Andy McBeth Airport, Runway 11-29 Ward Field, Runway 6- 24.

21. "Visual runway" means a runway intended solely for the operation of aircraft using visual approach procedures specifically: Jack McNamara Field, Runways 13, 17, 29, and 31 Andy McBeth Airport, Runways 11 and 29 Ward Field, Runways 6 and 24.

- (Ord. 80 14 (part), 1980)

In order to carry out the provisions of this chapter, there are hereby created and established certain zones which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces and conical surfaces as they apply to each of the airports named in Section 20.64.20. Such zones are shown on the airport zoning map for each airport. An area located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows:

1. Utility Runway Visual Approach Zone. This zone is located adjoining the primary surface of each of the following runway ends: Jack McNamara Field, Runways 13 and 31 Andy McBeth Airport, Runways 11 and 29 Ward Field, Runways 6 and 24. The inner edge of this approach zone coincides with the width of the primary surface specifically the width is: Jack McNamara Field, Runways 13 and 31, two hundred fifty feet Andy McBeth Airport, Runways 11 and 29, two hundred fifty feet Ward Field, Runways 6 and 24, two hundred fifty feet. The approach zone expands outward uniformly to a width of one thousand two hundred fifty feet at a horizontal distance of five thousand feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

2. Runway Larger Than Utility Visual Approach Zone. This zone is located adjoining the primary surface of each of the following runway ends: Jack McNamara Field, Runways 17 and 29 Andy McBeth Airport, none Ward Field, none. The inner edge of this approach zone coincides with the width of the primary surface specifically, the width is: Jack McNamara Field, Runway 17, five hundred feet. Jack McNamara Field, Runway 29, one thousand feet. The approach zone expands outward uniformly to a width of one thousand five hundred feet at a horizontal distance of five thousand feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

3. Runway Larger Than Utility (With a Visibility Minimum Greater Than Three-Fourths Mile) Nonprecision Instrument Approach Zone. This zone is located adjoining the primary surface of each of the following runway ends: Jack McNamara Field, Runway 35 Andy McBeth Airport, none Ward Field, none. The inner edge of this approach zone coincides with the width of the primary surface specifically the width is: Jack McNamara Field, Runway 35, five hundred feet. The approach zone expands outward uniformly to a width of three thousand five hundred feet at a horizontal distance of ten thousand feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

none. The inner edge of this approach zone coincides with the width of the primary surface specifically the width is: Jack McNamara Field, Runway 35, five hundred feet. The approach zone expands outward uniformly to a width of three thousand five hundred feet at a horizontal distance of ten thousand feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

4. Precision Instrument Runway Approach Zone. This zone is located adjoining the primary surface of each of the following runway ends: Jack McNamara Field, Runway 11 Andy McBeth Airport, none Ward Field, none. The inner edge of this approach zone coincides with the width of the primary surface and is one thousand feet wide. The approach zone expands outward uniformly to a width of sixteen thousand feet at a horizontal distance of fifty thousand feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

5. Transitional Zones. The transitional zones are the areas beneath the transitional surfaces.

6. Horizontal Zone. The horizontal zone is established by swinging arcs from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The radii of the arcs are: Jack McNamara Field, Runways 11, 17, 29, 35, ten thousand feet Andy McBeth Airport, Runways 11 and 29, five thousand feet Jack McNamara Field, Runways 13 and 31, five thousand feet Ward Field, Runways 6 and 24, five thousand feet. The horizontal zone does not include the approach and transitional zones.

7. Conical Zone. The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of four thousand feet.

- (Ord. 80 14 (part), 1980)

Except as otherwise provided in this chapter, no structure shall be erected, altered, or maintained, and no tree shall be allowed to grow in any zone created by this chapter to a height in excess of the applicable height herein established for such zone. Such applicable height limitations are hereby established for each of the zones in question as follows:

1. Utility Runway Visual Approach Zone. Slopes twenty feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of five thousand feet along the extended runway centerline.

2. Runway Larger Than Utility Visual Approach Zone. Slopes twenty feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of five thousand feet along the extended runway centerline.

3. Runway Larger Than Utility (With a Visibility Minimum Greater Than Three-Fourths Mile) Nonprecision Instrument Approach Zone. Slopes thirty-four feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of ten thousand feet along the extended runway centerline.

4. Precision Instrument Runway Approach Zone. Slopes fifty feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of ten thousand feet along the extended runway centerline.

5. Transitional Zones. Slope seven feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface, and extending to a height of one hundred fifty feet above the airport elevation.

6. Horizontal Zone. Established at a height of one hundred fifty feet above the airport elevation.

7. Conical Zone. Slopes twenty feet outward for each foot upward beginning at the periphery of the horizontal zone and at one hundred fifty feet above the airport elevation and extending to a height of three hundred fifty feet above the airport elevation.

- (Ord. 80 14 (part), 1980)

Notwithstanding any other provisions of this chapter, no use may be made of land or water within any zone established by this chapter in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport.

- (Ord. 80 14 (part), 1980)

1. Regulations Not Retroactive. The regulations prescribed in this chapter 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 the effective date of this chapter, or otherwise interfere with the continuance of a nonconforming use. Nothing contained herein shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this chapter and is diligently prosecuted and completed within two years thereof.

2. Marking and Lighting. Notwithstanding subsection A of this section, the owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the planning commission to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Such markers and lights shall be installed, operated, and maintained at the expense of the county of Del Norte.

• (Ord. 80 14 (part), 1980)

Any person desiring to erect any structure, or increase the height of any structure, or permit the growth of any tree, or use his property, not in accordance with the regulations prescribed in this chapter, may apply to the planning commission for a variance therefrom. When it has been determined that there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter, the planning commission shall have the power to vary or modify any of the rules, regulations or provisions contained herein so that the spirit of the chapter shall be observed, public welfare secured and substantial justice done.

- (Ord. 80 14 (part), 1980)

The county planning commission of the county of Del Norte is designated the administrator charged with the duty of administering and enforcing the regulations herein described. The duties of the planning commission include that of reviewing all applications for building permits within the approach, transitional, horizontal, and conical zones of the airports listed in Section 20.64.20 of this chapter.

- (Ord. 80 14 (part), 1980)

Where this chapter imposes a greater or more stringent restriction upon the use of land than is imposed or required by any other ordinance or regulation, the provisions of this chapter shall govern.

- (Ord. 80 14 (part), 1980)

In the event any person should erect, construct, move, alter or attempt to erect, construct, move, or alter any structure or allow any tree to grow to a height, in violation of the provisions of this chapter, the same is declared a public nuisance, and it shall be the duty of the district attorney of the county of Del Norte to bring and prosecute an action in any court of competent jurisdiction to enjoin such person from continuing such erection, construction, moving, alteration or growth, or if such erection, construction, moving, alteration or growth is being or has been accomplished, the district attorney shall enjoin such person from maintaining the same.

• (Ord. 80 14 (part), 1980)

20.66.10 Purpose And Intent

20.66.20 Definitions

20.66.30 Applicability 20.66.40 Request For Reasonable Accommodation

20.66.50 Review Authority And Procedure

20.66.60 Required Findings 20.66.70 Appeal Of Determination

1. The purpose and intent of this chapter is as follows:

   1. To provide individuals with disabilities reasonable accommodation in land use and zoning and building regulations, policies, practices, and procedures to provide equal opportunity to use and enjoy housing and facilitate the development of housing for individuals with disabilities pursuant to the federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act (hereafter "fair housing laws").

   2. To establish a procedure for making requests for reasonable accommodation in land use, zoning and building regulations, policies, practices and procedures of the County to comply fully with the intent and purpose of fair housing laws.

   3. To establish findings that ensure a requested accommodation, if granted, is necessary and reasonable, and would not require a fundamental alteration in the nature of the county's land use and zoning and building regulations, policies, practices and procedures.

- (Ord. 2014 002 § 1 (part), 2014)

1. For the purposes of this chapter, the terms used in this chapter relating to the provisions of reasonable accommodation are defined as follows:

   1. "Individual with a disability" means someone who has a physical or mental impairment that limits one or more major life activities; anyone who is regarded as having such impairment; or anyone with a record of such impairment. This section is intended to apply to those persons who are defined as disabled under the fair housing laws.

   2. "Reasonable accommodation" means, in the land and zoning context, providing individuals with disabilities or developers of housing for people with disabilities: (1) reasonable, necessary, or feasible flexibility in the application of land use and zoning and building regulations, policies, practices and procedures, or 2) the waiver of certain requirements when it is necessary to provide equal opportunity to use and enjoy housing and/or eliminate barriers to housing opportunities so long as the requested flexibility or waiver would not require a fundamental alteration in the nature of the county's land use and zoning and building regulations, policies, practices, procedures and the county's Local Coastal Program.

- (Ord. 2014 002 § 1 (part), 2014)

1. A request for reasonable accommodation may be made by any individual with a disability, his or her representative, or a developer or provider of housing for individuals with disabilities, when the application of a land use, zoning, or building regulation, policy, practice or procedure acts as a barrier to housing opportunities.

2. A request for reasonable accommodation may include a modification or exception to the rules, standards, development and use of housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to the housing of their choice.

3. A request for reasonable accommodation in regulations, policies, practices and procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect the obligations of an individual or a developer of housing for an individual with disabilities to comply with other applicable regulations not at issue in the requested accommodation.

4. Request for reasonable accommodation shall be made in the manner prescribed by Section 20.66.40 of this chapter.

5. If a request for reasonable accommodation is granted, the request shall be granted to an individual and shall not run with the land unless it is determined that (1) the modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with applicable city or state codes or (2) the accommodation is to be used by another individual with a disability.

6. Nothing in this ordinance shall require the county to waive or reduce development or building fees associated with the granting of a reasonable accommodation request.

- (Ord. 2014 002 § 1 (part), 2014)

1. Application for a request for reasonable accommodation shall be made in writing on a form provided by the director of community development. The form shall be signed by the property owner or authorized agent. The application shall state fully the circumstances and conditions relied upon as grounds for the application and shall be accompanied by adequate plans and all other materials as specified by the director of community development. The application shall include the zoning, land use or building code provision, regulation, policy or practice from which modification or exception for reasonable accommodation is being requested including an explanation of how the application of the existing zoning, land use or building code provision, regulation, policy or practice would preclude the provision of reasonable accommodation.

2. Proof of applicable disability shall be provided in the form of a note from a medical doctor or other third party professional documentation deemed acceptable to the director of community development.

3. Any information identified by an applicant as confidential shall be retained in an manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.

4. If an individual needs assistance in making the application for reasonable accommodation, the county will provide assistance to ensure the process is accessible.

- (Ord. 2014 002 § 1 (part), 2014)

1. A request for reasonable accommodation may be approved or conditionally approved by the director of community development and shall be processed independently of any other required

development permits. However, approval of a reasonable accommodation may be conditioned upon approval of other related permits.

2. The filing of an application for request for reasonable accommodation shall not require public notice.

3. If necessary to reach a determination on the request for reasonable accommodation, the director of community development may request:

   1. Further information from the applicant consistent with fair housing laws, specifying in detail the information that is required.

   2. Information from other county departments and divisions or other agencies.

4. Conditions may be imposed to ensure that any removable structures or physical design features that are constructed or installed in association with the reasonable accommodation be removed once those structures or physical design features are unnecessary to provide access to the dwelling unit for the current occupants.

- (Ord. 2014 002 § 1 (part), 2014)

1. The housing, which is the subject of the request for reasonable accommodation, will be occupied by an individual with a disability protected under fair housing laws;

2. The requested accommodation is necessary to make housing available to an individual with a disability protected under the fair housing laws;

3. The requested accommodation would not impose an undue financial or administrative burden on the county; and

4. The requested accommodation would not require a fundamental alternation in the nature of the county's land use and zoning and building regulations, policies, practices, and procedures, and for housing the Coastal Zone, the county's Local Coastal Program.

- (Ord. 2014 002 § 1 (part), 2014)

1. The Applicant may appeal the decision of the director of community development to the planning commission, as appropriate. An appeal shall be filed in writing with the director of community development within ten (10) days after the decision of the director of community development; provided, however that the county may still revoke any erroneously made decision even after the expiration of the ten-day appeal period. The appeal shall specifically state the basis for the appeal.

2. Nothing in this procedure shall require the director of community development to disclose any information provided to support the request for reasonable accommodation which, in the opinion of the county counsel, would violate State or Federal privacy rights of the individual with a disability.

3. Nothing in the procedure shall preclude an aggrieved individual from seeking any other state or federal remedy available.

• (Ord. 2014 002 § 1 (part), 2014)

20.67.10 Intent And Application

20.67.20 Definitions

20.67.30 Environmental Review

20.67.40 Use Permit General Requirements

20.67.50 Retail Regulations

20.67.60 Manufacturing Regulations

20.67.70 Generally Applicable Cultivation Regulations

20.67.80 Regulations For Cultivation In A Districts 20.67.90 Regulations For Cultivation In M Districts 20.67.100 Use Permit Application

The intent of this Chapter is to protect the public health, safety and welfare through strong and effective regulatory and enforcement controls, to protect neighborhood character, and to minimize the potential negative impacts of commercial cannabis activity on people, communities, and the environment by establishing minimum land use controls. Within the Cannabis Business Combining District, commercial cannabis activity, as defined under Division 10 of the Business and Professions Code, may be permitted with a use permit, subject to the regulations governing the underlying zoning district, and the requirements for use permits set forth in this chapter.

• (Ord. 2018 010 § 2 (part) 2018)

For the purpose of this chapter, the following words and phrases shall be defined as follows:

1. “Cannabis” shall have the same meaning as set forth in Health and Safety Code Section 11018.

2. “Commercial cannabis activity” shall have the same meaning as set forth in Business and Professions Code § 26001.

3. “Cannabis Cultivator” shall mean a person required to be licensed to cultivate cannabis pursuant to Division 10 (commencing with Section 26000) of the Business and Professions Code.

4. “Cannabis Manufacturer” shall mean a person required to be licensed as a manufacturer pursuant to Division 10 (commencing with Section 26000) of the Business and Professions Code.

5. “Cannabis Microbusiness” shall mean a person licensed to conduct multiple commercial cannabis activities, as described in Business and Professions Code Section 26070.

6. “Cannabis Retailer” shall mean a person required to be licensed as a retailer pursuant to Division 10 (commencing with Section 26000) of the Business and Professions Code.

7. “Cultivation” shall mean any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

8. “Cultivation area” shall mean the designated area(s) at a licensed premises that will contain flowering plants at any point in time. The area shall be calculated in square feet and measured using clearly identifiable boundaries of all area(s) that will contain mature plants at any point, including all of the space(s) within the boundaries. The area may be noncontiguous but each

unique area included in the total cultivation area calculation shall be separated by an identifiable boundary that includes, but is not limited to, interior walls, shelves, greenhouse walls, garden benches, hedgerows, fencing, garden beds or garden plants. If the mature plants are being cultivated using a shelving system, the surface area of each level shall be included in the total cultivation area calculation.

9. “Indoor cultivation” shall mean the cultivation of cannabis within a permanent structure using exclusively artificial light or within any type of structure using artificial light at a rate above twentyfive watts per square foot.

10. “Outdoor cultivation” shall mean the cultivation of cannabis without the use of artificial lighting, or using artificial lighting at a rate below six watts per square foot, regardless of whether a structure is used or required as a condition of a use permit.

11. “Person” shall include any individual, firm, partnership, joint venture, limited liability company, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, assignee for the benefit of creditors, trustee, trustee in bankruptcy, or syndicate.

12. “School” shall mean any public or private school providing instruction in kindergarten or any of grades 1 to 12, inclusive, but does not include any private school in which education is primarily conducted in private homes.

13. “Youth center” means any public or private facility that is primarily used to host recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities.

(Ord. 2018-013 § 2 (part), 2018: Ord. 2018-010 § 2 (part) 2018)

All use permit applications shall be reviewed by the Environmental Review Committee. The Committee will make preliminary environmental impact analysis of all use permit applications and will require from the applicant all information necessary to make recommendations to the planning commission.

- (Ord. 2018 010 § 2 (part) 2018)

1. Commercial cannabis activity shall not be allowed in the unincorporated area of Del Norte County without a use permit. Use permits to conduct commercial cannabis activity shall be governed primarily by this chapter. The procedures for use permits set forth in Chapter 56 of this title shall apply as well.

2. All commercial cannabis activity shall be subject to the following:

   1. Before commencing operation of a commercial cannabis activity, the permittee shall secure a license from the appropriate state licensing authority, pursuant to Division 10 of the Business and Professions Code. A copy of the license shall be provided to the Planning Division;

   2. The use permit shall expire one year from the date of issuance of the state license;

   3. The permittee shall be in compliance with all conditions of the state license and all state laws, any violation of which shall constitute a violation of the County Code;

   4. The permittee shall timely remit all taxes required by state or local law to the appropriate agency, and shall maintain all records necessary to determine the amount of tax owed, which

records the county shall have a right to inspect at all reasonable times;

5. The permittee shall post or cause to be posted on site the use permit and all required County and state permits and licenses required to operate. Such posting shall be in a central location, visible to the patrons, at the operating site, and in all vehicles that deliver or transport cannabis or cannabis products;

6. The permittee shall maintain clear and adequate records and documentation demonstrating that all cannabis or cannabis products have been obtained from and are provided to other permitted and licensed cannabis operations. The County shall have the right to examine, monitor, and audit such records and documentation at all reasonable times.

7. Before the Planning Commission approves any use permit for commercial cannabis activity, the Planning Commission shall hold a public hearing, noticed pursuant to Government Code §65091, shall make the following findings, and shall set forth the facts supporting its determination in writing:

   1. The applicant has demonstrated that it can and will comply with all requirements of the state and County to operate the proposed commercial cannabis activity;

   2. The proposed activity, as conditioned, will not result in significant unavoidable impacts on the environment;

   3. The operation plan includes adequate measures to minimize nuisances to the neighborhood and community, including minimizing odor, noise, light, traffic, and loitering;

   4. The operation plan includes adequate security measures; and

   5. The proposed activity will have no likely or reasonably foreseeable negative effect on any sensitive land use in the surrounding area, regardless of physical distance from the subject property.

For the purpose of this section, sensitive uses include, but are not limited to, churches, schools, parks, public buildings, and healthcare facilities.

4. The Planning Commission may approve a renewal of a use permit issued pursuant to this Chapter, subject to the following:

   1. The permittee shall submit an updated operation plan containing all the elements set forth in Section 20.67.100;

   2. The permittee shall provide documentation that an application for renewal of the state license has been submitted to the appropriate state licensing authority;

   3. The permittee shall not have any outstanding fees, fines, or delinquent taxes owed to the county, nor any notice of nuisance recorded against the property in the preceding year; and

   4. The Planning Commission shall make the following findings at a public hearing noticed pursuant to Government Code §65091:

      1. The applicant has demonstrated that it can and will comply with all requirements of the state and County to operate the proposed commercial cannabis activity;

      2. The proposed activity, as conditioned, will not result in significant unavoidable impacts on the environment; and

      3. The operation plan includes adequate measures to minimize nuisances to the neighborhood and community, including minimizing odor, noise, light, traffic, and loitering.

(Ord. 2020-007 § 2 (part), 2020: Ord. 2018-010 § 2 (part) 2018)

Cannabis retailers shall meet the following minimum requirements:

1. The use permit shall specify whether the permittee may sell adult-use cannabis or medicinal cannabis, as those terms are used in Division 10 of the Business and Professions Code.

2. A use permit shall not be issued for a cannabis retailer which is located within a 600-foot radius of a school or youth center. This requirement shall not apply to applications for use permit renewals.

3. No retailer, whether adult-use or medicinal, shall be located within a 200-foot radius of any other cannabis retailer.

4. The distances specified in this section shall be the horizontal distance measured in a straight line from the property line of the school, youth center to the closest property line of the lot on which the subject cannabis retailer is located.

5. The retailer shall operate only in accordance with the operating plans reviewed and approved by the County. The County shall limit the hours of operation for a retail facility to begin no earlier than eight a.m. and to end no later than eight p.m.

6. Retailers shall not distribute any cannabis or cannabis product unless the cannabis and cannabis products are labeled and in a tamper-evident package in compliance with Section 26120 of the California Business and Professions Code and any additional rules promulgated by the licensing authority.

7. Retailers shall notify the Del Norte County Sheriff's Office and the licensing authority within twenty-four (24) hours after discovering any of the following:

   1. Significant discrepancies identified during inventory;

   2. Diversion, theft, loss, or any criminal activity involving the dispensary or any agent or employee of the retailer;

   3. The loss or unauthorized alteration of records related to cannabis, patients, or retailer's employees or agents; or

   4. Any other breach of security.

8. Retailers shall implement and maintain sufficient security measures to both deter and prevent unauthorized entrance into areas containing cannabis or cannabis products in compliance with Section 26070 of the California Business and Professions Code and any rules promulgated by the licensing authority. Security measures shall include, but are not limited to, the following:

   1. Prevent individuals from loitering on the premises of the retailer if they are not engaging in activity expressly related to the operations of the retailer;

   2. Establish limited access areas accessible only to authorized dispensary personnel;

   3. Store all cannabis and cannabis products in a secured and locked safe room, safe, or vault, and in a manner as to prevent diversion, theft, and loss, except for limited amounts of cannabis and cannabis products used for display purposes, samples or immediate sale;

   4. Install security cameras on site.

(Ord. 2020-007 § 2 (part), 2020: Ord. 2018-010 § 2 (part) 2018)

1. Cannabis manufacturing shall be conducted using only nonvolatile solvents, or no solvents.

   1. “Volatile solvent” means a solvent that is or produces a flammable gas or vapor that, when present in the air in sufficient quantities, will create explosive or ignitable mixtures. For the purposes of this section, carbon dioxide and ethanol are nonvolatile solvents, however, a use permit for manufacturing shall specify whether carbon dioxide or ethanol will be permitted.

   2. If the use permit allows the use of carbon dioxide or ethanol, the Planning Commission shall specifically address in its written findings the potential impacts of the use of those solvents.

2. A cannabis manufacturer shall not be located within a 600-foot radius of a school or youth center. The distances specified in this section shall be the horizontal distance measured in a straight line from the property line of the school or youth center to the closest property line of the lot on which the subject cannabis manufacturer is located.

3. A cannabis manufacturer shall operate only in accordance with the operating plans reviewed and approved by the County.

4. A cannabis manufacturer shall notify the Del Norte County Sheriff's Office and the licensing authority within twenty-four (24) hours after discovering any of the following:

   1. Significant discrepancies identified during inventory;

   2. Diversion, theft, loss, or any criminal activity involving the dispensary or any agent or employee of the manufacturer;

   3. The loss or unauthorized alteration of records related to cannabis, patients, or manufacturer's employees or agents; or

   4. Any other breach of security.

5. A cannabis manufacturer shall implement and maintain sufficient security measures to both deter and prevent unauthorized entrance into areas containing cannabis or cannabis. Security measures shall include, but are not limited to, the following:

   1. Prevent individuals from loitering on the premises if they are not engaging in activity expressly related to the operations of the retailer;

   2. Establish limited access areas accessible only to authorized dispensary personnel;

   3. Store all cannabis and cannabis products in a secured and locked safe room, safe, or vault, and in a manner as to prevent diversion, theft, and loss, except for limited amounts of cannabis and cannabis products used for display purposes, samples or immediate sale;

   4. Install security cameras on site;

6. All employees of a cannabis manufacturing facility operating potentially hazardous equipment shall be trained on the proper use of equipment and on the proper hazard response protocols in the event of equipment failure. In addition, employees handling edible cannabis products or ingredients shall be trained on proper food safety practices.

(Ord. 2020-007 § 2 (part), 2020: Ord. 2018-010 § 2 (part) 2018)

All commercial cannabis cultivation shall be subject to the following minimum requirements:

1. All cannabis cultivation shall be classified as either “indoor cultivation” or “outdoor cultivation,” as defined by this Chapter, and the classification shall be stated clearly on the use permit. Such designation shall serve as the basis for taxation pursuant to Title 3 of this Code.

2. A site-specific biological assessment or wetland delineation may be required as part of any use permit application.

3. A site specific water supply and water management plan shall be included in the permit application to ensure that sufficient water is available to serve the proposed cultivation without adversely affecting the water supplies of nearby users or to the environment. No permit shall be issued for any operation that proposes to source water through surface water diversion.

4. Cannabis cultivation shall not be a principally permitted use in any zone, and shall be afforded none of the protections provided to, and shall not be included in the definition of, “Agricultural Operations” pursuant to the Right-to-Farm Ordinance of Del Norte County, 7.42.10 et seq.

5. No use permit application for cultivation within the boundary of an Indian Reservation or Rancheria shall be considered complete unless is contains the express, written consent of the tribal government.

6. All lighting used for cultivation shall be completely shielded from sunset to sunrise.

7. Instead of the $15,000 bond required to be included in the permit application by Section 20.67.100(E), every permit application for cannabis cultivation shall require a bond of $30,000.

8. All construction, including but not limited to, buildings, fences, security systems, light blocking apparatuses, signs and outdoor lighting fixtures, shall be designed to blend in with the character of the surrounding area.

9. Every use permit shall specify the public and or private roads or rights of way the permittee intends to use to access the cultivation site. If private roads will be used, a recorded document showing legal right to use the road for the proposed commercial purpose must be provided. In every case, the permit shall be conditioned upon adequate measures to mitigate the negative impacts of cultivation on the roads.

10. In addition to the findings required by 20.67.40(C), before issuance of a use permit for the cultivation of cannabis, the Planning Commission shall make the following finding, and shall set forth the facts supporting its determination in writing:

• The proposed operation plan contains adequate measures to hide, disguise, conceal or otherwise sufficiently minimize the visual or olfactory indicia of cannabis cultivation, such that the use of the property for cannabis cultivation will not be readily apparent to a casual observer from a public space.

- (Ord. 2018 013 § 3 (part) 2018)

1. Cannabis Cultivation may be permitted with a use permit in A Districts in accordance with this Section.

   1. Up to 2,500 square feet of indoor cultivation may be permitted on parcels 5 acres or larger in size.

   2. Indoor cultivation shall be conducted within a permanent structure, properly permitted by the county and in compliance with all building codes. The structure shall be completely enclosed, sufficient to prevent any light from escaping the structure, and be equipped with an odor filtration system sufficient to prevent detectable odors outside the structure.

   3. The structure in which the cultivation occurs shall be set back a minimum of 200 feet from any Residential, Residential and Agriculture, Rural Residential, Planned Community, or

Forest Recreation District, and 50 feet from any parcel, regardless of its zoning, which is not under common ownership with the subject parcel. If, after issuance of a permit, a parcel under common ownership is sold, such that the cultivation is no longer in compliance with the setbacks required by this paragraph, the permittee shall immediately notice the Planning Division, and the permit may be subject to revocation.

4. No cultivation shall be permitted within 1,000 feet of any school or youth center or of any county, state or federal park. This requirement shall not apply to use permit renewals.

- (Ord. 2018 013 § 3 (part) 2018)

1. Cannabis Cultivation may be permitted with a use permit in M districts in accordance with this Section.

   1. Indoor cultivation of up to 5,000 square feet may be permitted.

   2. Cultivation shall be conducted within a permanent structure, properly permitted by the county and in compliance with all building codes. The permit shall be completely enclosed, sufficient to prevent any light from escaping the structure, and be equipped with an odor filtration system sufficient to prevent detectable odors outside the structure.

   3. No cultivation shall be permitted within 1,000 feet of any school or youth center or of any county, state or federal park. This requirement shall not apply to use permit renewals.

- (Ord. 2018 013 § 3 (part) 2018)

All applications for a use permit for a commercial cannabis activity shall be filed with the Community Development Department – Planning Division. In all cases the application shall contain, without limitation, the following documentation:

1. Notarized, written authorization from all persons and entities having a right, title or interest in the property that is the subject of the application consenting to the application and the operation of the proposed commercial cannabis activity on the subject property.

2. The name and address of all persons and entities responsible for the operation of the commercial cannabis activity, including managers, corporate officers, any individual with an ownership interest, any member of a board of directors, any general or limited partner, and/or any member of a decision-making body for the commercial cannabis activity, and a complete list of all the valid licenses, including license type and license number which has been issued to each person by the state or any other city or county.

3. An application fee as prescribed by the current fee schedule resolution of the board of supervisors.

4. An indemnification agreement on a form provided by the county.

5. Proof of having obtained a surety bond in an amount not less than $15,000, payable to the County, issued by a corporate surety approved by the County, which is licensed to transact surety business in the State of California.

6. A detailed operation plan, which includes:

   1. Site plans, floor plans, conceptual improvement plans, and a general description of the nature, size, and type of commercial cannabis activity(ies) being requested.

   2. Onsite security measures both physical and operational;

   3. Standard operating procedures manual detailing how operations will comply with state and local regulations; how safety and quality of products will be ensured; record keeping procedures for financing, testing, and adverse effect recording; and product recall procedures;

   4. Proposed hours of operation;

   5. Waste disposal information;

   6. A water management plan including the proposed water supply and proposed conservation measures;

   7. Product supply chain information including where cultivation occurs, where the product is processed or manufactured, any required testing of cannabis or cannabis products, transportation, and packaging and labeling criteria;

   8. A record keeping policy;

   9. Track and trace measures;

   10. Sustainability measures including water efficiency measures, energy efficiency measures, high efficiency mechanical systems, and alternative fuel transportation methods;

   11. Odor prevention devices;

   12. Size, height, colors, design, location and building materials of any proposed signage and fencing at the site;

   13. A parking plan;

   14. A storage protocol and hazardous response plan;

   15. Information on products used during operation, including liquids, solvents, agents, pesticides, herbicides and processes; and

   16. A quality control plan.

7. Proof of consent if required in section 20.67.70(F).

8. Such other information as county staff may require.

• (Ord. 2018 013 § 3 (part) 2018)

20.68 Multi-Unit Objective Design And Development Standards

20.68.10 Intent And Application 20.68.20 Site Layout And Design 20.68.30 Architectural Design 20.68.40 Open Space, Exterior Lighting, Parking, And Storage Of Vehicles

1. Intent. The intent of this Chapter is to provide minimum architectural and site design standards for multi-unit residential projects. The standards contained in this Chapter supplement the development regulations established in Title 20 (Zoning).

2. Application. 1. Any residential structure containing two or more residential dwelling units, each of which is for the occupancy by one or more persons living as a single housekeeping unit, including

duplexes, triplexes, fourplexes, apartments, and townhouses. 2. All mixed-use structures that include multi-unit dwellings.

3. Objective Design Standards. As defined by Government Code Section 65913.4, objective design standards are standards that involve no personal or subjective judgement by a public official and are uniformly verifiable by reference to an external and uniform benchmark. The Objective Design and Development Standards serve as the minimum requirements for all multi-unit residential projects identified in Subsection B (Application). For any applicant of a qualifying project seeking exceptions or deviations to the standards contained herein, or any of the County’s development regulations established in Title 20 (Zoning), the project shall be subject to a use permit as defined in Chapter 20.56 (Use Permits) and may be subject to a discretionary design review process.

- (Ord. 2023 007 § 52 (part), 2023)

A. Natural Features. Existing natural features such as rivers, streams, and ponds shall be incorporated into the overall site design.

B. Alternative Energy Applications. All structures shall be designed to allow for the installation of alternative energy technologies including but not limited to active solar, wind, or other emerging technologies, and shall comply with the following standards. 1. Installation of solar technology on structures such as rooftop photovoltaic cell arrays shall be installed in accordance with the State Fire Marshal safety regulations and guidelines. 2. Roof-mounted equipment shall be located in such a manner so as to not preclude the installation of solar panels.

C. Pedestrian/Bicycle Circulation. 1. All structures, facilities, parking areas, amenities, and common areas shall be internally connected by pedestrian pathways with a minimum width of three feet. 2. Pedestrian pathways shall be separated from parking areas by landscaping, curbs, or other edge treatments. 3. Pedestrian pathways shall be directly connected to adjacent public sidewalks on each street frontage.

D. Service Areas and Auxiliary Structures. Service areas and auxiliary structures (i.e., trash receptacles, propane, gas and oil tanks, utility boxes) shall be fully screened from public street view with the following development standards: 1. Opaque walls or fencing made with materials and color palette submitted as part of the project application. 2. Vehicle and pedestrian access gates 3. The following materials are prohibited for any on-site service areas and auxiliary structures: a. Electrified; b. Barb wire/razor wire; c. Sharp objects such as spires and glass and d. Vinyl.

E. Setback. 1. Front yard setbacks along a street right-of-way shall reflect the average setback of existing adjacent residential structures within two hundred (200) feet, which may be greater than those set in each zone district. 2. Structures greater than one story or 20 feet in height, whichever is greater, adjacent to single-story residential dwellings shall be set back from property lines by at least one times the height of the multi-unit structure.

• (Ord. 2023 007 § 52 (part), 2023)

20.68.30 Architectural Design

1. Perimeter Fencing. A fence, hedge or masonry wall shall be provided along the rear and non-street facing side property lines for all multi-unit developments. A fence, hedge, or masonry wall is optional for front and street-facing property lines, but if included, shall comply with the following standards. 1. Height a. Fences, hedges, or masonry walls along front and street facing side property lines shall not exceed three feet in height. b. Fences, hedges or masonry walls along rear and nonstreet facing side property lines shall not exceed six feet in height. 2. Materials a. Fences and walls located along the side or rear property lines that are not along street frontages shall be made of opaque materials. (1) Non-opaque fences and walls are permitted along property lines adjacent to a permanent open space area, and where the yard does not require screening by another standard in this Chapter. b. The following materials are prohibited for all fences and walls: (1) Electrified; (2) Barb wire/razor wire (3) Sharp objects such as spires and glass; and (4) Wrought iron.

2. Rooftop equipment. Rooftop mechanical equipment shall be screened from view with either a building parpapet or opaque materials.

- (Ord. 2023 007 § 52 (part), 2023)

1. Open Space. The following development standards apply to multi-unit developments with four or more dwelling units. 1. Public Open Space. Projects shall provide open space areas and/or community site amenities. Functional open space areas and community site amenities shall exclude areas required for zoning setbacks. a. Public Open Space. Public open space areas shall include at least one of the following amenities equivalent to a minimum of 200 square feet per dwelling unit: (1) Courtyard/Garden with seating and/or tables for up to eight people. (2) Pergola, shade, trellis, or arbor structure not taller than 10 feet (3) BBQ area with a minimum of two fixed barbeques and tables (4) Sport Court (i.e., bocce ball, table tennis, badminton, tennis, pickleball basketball, volleyball) (5) Splash pad no smaller than 50 square feet (6) In-ground swimming pool or aboveground and/or in-ground hot tub (7) Open lawn area(s) with no dimension less than 10 feet (8) Community room (i.e., library room with bookshelves and seating for at least five people, media room with television and seating for at least 10 people, game room with at least two game tables or consoles, gym/fitness room with at least five pieces of gym equipment, co-working space with wi-fi, tables and seating for at least eight people b. Connections. Public open space areas shall be directly connected to all interior space areas (i.e., community room, recreation room, exercise center), trash and recycling enclosures, laundry facilities (if applicable), structure entrances, parking areas, and mail delivery areas by pedestrian-oriented pathways. 2. Private Open Space. Each dwelling unit shall have outdoor space designed for the exclusive use of that dwelling unit in accordance with the following standards: a. Ground Floor Units. Each ground floor dwelling unit shall include a minimum of 40 square feet of private open space in the form of a covered or uncovered patio to allow for light, air, and privacy. If ground floor private open space is fenced, the fencing shall: (1) Be at minimum 36 inches tall; and (2) Use solid materials to allow for privacy. b. Above Ground Floor Units. Each above ground floor dwelling unit shall include a minimum of 40 square feet of private open space in the form of a terrace, balcony, or rooftop patio to allow for light, air, and privacy.

2. Exterior Lighting. 1. Area lighting shall be shielded downward to reduce light pollution in adjacent properties. 2. Pedestrian pathway lighting features shall not exceed eight feet in height and shall

have minimum illumination levels of 0.5 foot-candles at the pathway surface. 3. Lighting features in parking, storage, and recreational areas shall not exceed 20 feet.

3. Parking. 1. The number of parking spaces required per project shall comply with the underlying base zone parking requirements (Zoning Code 20.46.20) and parking areas within a site shall be internally connected and use shared driveways. Off-street parking spaces shall be on the same or adjacent lot or parcel of land as the structure they are intended to serve. Spaces serving multifamily shall not use public roadways as access aisles. Refer to Del Norte County Zoning Code Chapter 20.46 for parking design criteria.

4. Storage of Vehicles. 1. The onsite storage of vehicles that are not operational or are not legal to operate on a public road, including those that have expired registration, shall be prohibited unless they are stored within a fully enclosed space such as a garage and the fully enclosed space is not identified as part of the parking plan demonstrating compliance with the minimum number of parking spaces.

• (Ord. 2023 007 § 52 (part), 2023)

21 Coastal Zoning

21.00 Residential Second Units

21.02 Enabling Plan

21.04 Definitions 21.06 Districts

21.08 AE Agriculture Exclusive District

21.09 A Agricultural General District

21.10 AI Agriculture Industrial District

21.11 RCA1 General Resource Conservation Area District

21.11A RCA2 Designated Resource Conservation Area District 21.13 TPZ Timberland Preserve Zone District

21.14 CT Coastal Timber Zone District

21.16 RR-1 Rural Residential District

21.17 RRA Rural Residential Agriculture District 21.19 R-1 One-Family Residence District 21.20 MHP Mobilehome Park 21.21 R-2 Low Density Multiple-Family Residence District 21.22 R-3 High Density Multiple-Family Residence District 21.23 PC Planned Community District - 21.25 C 1 Neighborhood Commercial District 21.26 C-2 Light Commercial District - 21.27 C 3 Central Business District 21.28 C-R Commercial Recreational District - 21.30 C 4 General Commercial District 21.31 M Manufacturing And Industrial District 21.32 MP Manufacturing And Industrial Performance District 21.33 PF Public Facility District 21.34 B Combining District 21.35 C Coastal Area Combining District 21.36 D Combining District 21.37 FP1 Flood Zone Area Combining District 21.38 FP2 Flood Overflow Area Combining District 21.39 FP3 Protected Areas Within Flood Zones Combining District 21.40 Manufactured Housing (MFH) Combining District - 21.44 Off Street Parking 21.45 Flood Damage Prevention 21.46 General Provisions 21.47 Harbor Area Public Access Provisions - 21.47A HDMC District Harbor Dependent Marine Commercial - 21.47B HDR District Harbor Dependent Recreational - 21.47C HVSC District Harbor Visitor Serving Commercial - 21.47D HG District Harbor Greenery 21.47E Harbor Area Parking 21.48 Nonconforming Uses

21.50A California Coastal Zone Entitlement Procedures--General Plan

-- 21.50B California Coastal Zone Entitlement Procedures Zoning Amendments

21.50C California Coastal Zone Entitlement Procedures--Use Permits

21.50D California Coastal Zone Entitlement Procedures--Variances

-- 21.51 California Coastal Zone Entitlement Procedures Local Appeals

21.52 California Coastal Zone Entitlement Procedures--California Coastal 21.60 Enforcement

21.00.10 General

21.00.20 Application

21.00.30 Second Single Family Unit

21.00.40 Senior Second Units; Temporary Second Dwelling Uses With Kitchen Facilities In Existing Residences Or Additions To Existing Residences

21.00.50 Invalid Family Care; Temporary Occupancy Of A Manufactured Home Or Park Trailer For Invalid Family Care

1. Intent. The purpose of this chapter is to authorize second units and to establish a procedure for reviewing and approving their development in order to ensure and maintain healthy and safe residential living environments.

2. Findings. The county of Del Norte finds as fol lows:

   1. The county acknowledges that this chapter may limit housing opportunities within the county by establish ing standards and designating areas where second units may be permitted; and

   2. The land use densities of the general plan and its implementing ordinance are based on the use of on-site sewage systems and on-site wells. This classification is based on land use, soil types, water availability, sewage failure history, and other information which attempts to provide for reasonable expectations for development while protecting the environment; and

   3. The sewage collection system within the urban area of the county was developed based on existing density and land use. The increased use of second units would accelerate the consumption of design capacity thereby excluding areas intended to be served by the collection system; and

   4. The local street and road system and develop ment standards are based on existing density and land use. The increased use of second units would result in substan dard street and road systems which will increase traffic hazards, lower response time for emergency vehicles and increase maintenance costs of public and private streets and roads; and

   5. Adoption of this chapter is necessary to avoid adverse impacts on the public health, safety and welfare that would result from allowing the indiscriminate use of second units.

- (Ord. 95 03 (part), 1995)

21.00.20 Application

A second unit proposed for approval shall require submission of a use permit applica tion and payment of applicable fees.

- (Ord. 95 03 (part), 1995)

A second single-family unit may be permitted subject to the issuance of a building permit and a coastal development permit (unless exempt), subject to all of the following:

1. The subject parcel is within an R, RR, FR, CR, A or AE zone district.

2. The second unit is consistent with the allowable density of the applicable General Plan designation and Zoning designation. That is the subject parcel consists of a minimum of twice the minimum parcel size required by the general plan and zoning.

3. The second unit must be situated on the subject parcel so that the parcel could be subdivided, under standards applicable at the time of application, without resulting in two dwellings on one parcel.

4. The second unit shall comply with height, setback, lot coverage, architectural standards, site plan review, fees, charges and other zoning requirements generally applicable to residential placement in the zone in which the property is located at the time of application of the building permit.

5. Each dwelling unit shall be provided with separate utility connections. A shared well may be approved by the health department if it will not have an adverse effect on coastal resources.

6. Second residential units shall not obstruct public access to and along the coast or public trails.

7. Second residential units shall not significantly obstruct public views from any public road, trail, or public recreation area to, and along the coast and shall be compatible with the character of the area.

8. All development associated with second residential units shall provide adequate buffers from environmentally sensitive habitat areas consistent with all local coastal program requirements.

9. The means of accommodating the Second Unit: (1) will not have an adverse effect on coastal resources (2) will ensure adequate services will be provided to serve the proposed development; and (3) will not displace Coastal Act priority uses.

10. If the means for accommodating a second unit will have an adverse effect on coastal resources, will not ensure adequate services will be provided to serve proposed development, or will displace priority uses, the second unit shall be denied.

- (Ord. 95 03 (part), 1995)

A use permit for a temporary second dwelling use with cooking facilities may be considered by the planning commission in a portion of, or an addition to, any legally existing single-family resi dence subject to all of the following:

1. The second dwelling shall be used for the sole occupancy of one to two adult persons who are sixtytwo years of age or over and are immediate family members of the principal residents of the parcel.

2. The total designated floor area for the second dwelling use shall not exceed thirty percent of the floor area of the entire structure, including any proposed addi tion. However, under no circumstances shall the floor area of the second unit exceed seven hundred square feet.

3. The habitable floor area of the second dwelling shall maintain direct, internal access to the habitable floor area of the primary residence, and a direct exit outside. For purposes of this section, habitable floor area shall include hallways.

4. Any structural additions or alterations shall com ply with all applicable building, zoning, health and fire code requirements.

5. Utilities for the second dwelling area (electrici ty, water, sewage disposal, etc.) shall be integrated into those of the primary residence as much as is feasible.

6. When the specified occupant(s) of the second dwelling no longer reside in the unit or no longer qualify for the use permitted under these provisions, the kitchen facilities and any duplicate utilities shall be removed, and the area no longer used for second dwelling purposes.

7. A Notice of noncompliance, stating the conditions of the use permit, shall be recorded at the time of issu ance of a building permit for the structural addition or alteration to the existing residence.

8. The use permit shall be subject to annual review and verification of compliance by the planning department and/or planning commission. A fee, in an amount determined by the board of supervisors, may be charged for the annual review.

- (Ord. 95 03 (part), 1995)

A use permit for the temporary establishment and use of a manufactured home or park trailer may be considered by the planning commission as a second dwelling unit in any R, RR, FR, A or AE zone dis trict for invalid family care purposes, subject to all of the following:

1. The permit shall be issued to the owner-occupant of a parcel of property, based upon the physical condition of a specific person or persons as an invalid, and such permit shall be nontransferable.

   1. The occupant of the subject unit shall be a member of the immediate family of the principal resident(s) who is the owner-occupant of the subject parcel or the occupant of the subject unit shall be a court appointed guardian to the owner-occupant of the subject parcel.

   2. Application for persons under the age of seventy years shall include a written statement, on a form provided by the county, completed by a practicing physician certify ing the need for and purpose of the requested invalid care. Verification of need shall be submitted with each annual renewal and shall be signed by the attending physician.

   3. The unit placement shall comply with all applica ble building, zoning, engineering, health and fire code requirements, and must comply with any applicable architec tural standards which apply to the parent zoning district; except that density requirements and the requirement for a permanent foundation shall not apply due to the temporary nature of the placement.

   4. Utilities for the second dwelling unit (electrici ty, water, sewage disposal, etc.) shall be integrated into those of the primary residence.

   5. When the specified occupant(s) of the second dwelling no longer reside in the unit or no longer qualify for the use permitted under these provisions, the unit shall be removed within

ninety days, and the area no longer used for second dwelling purposes.

6. A bond, or other security, in the amount of five thousand dollars, payable to the county of Del Norte, shall be posted by the applicant prior to the issuance of a building permit for the placement/installation of the sub ject unit. Any bond posted as security pursuant to this section shall comply with the provisions of the California Bond and Underwriting Law which commences with Section 995.010 of the California Code of Civil Procedure. This performance bond is to be held by the county and may be called at any time by the county to enforce removal of the unit.

7. A notice of conditional approval, stating the conditions of the use permit and requiring the removal of the manufactured home or park trailer upon cessation of need, shall be recorded at the time of issuance of the building permit for the placement (installation) of the unit. A notarized ac knowledgement statement by the property owner shall be included on the notice of conditional approval.

8. The use permit shall be subject to annual review and verification of compliance by the planning department and/or planning commission. A fee, in an amount determined by the board of supervisors, may be charged for the annual review.

• • (Ord. 95 17 § 1, 1995: Ord. 95 03 (part), 1995)

21.02 Enabling Plan 21.02.10 Citation

21.02.20 Adoption

21.02.30 Purpose

21.02.40 District Establishment; Provision For Legal Procedure

21.02.50 District Establishment; Initiation

The ordinance codified in Chapters 21.02 through 21.60 shall be known and cited as the "local coastal program zoning enabling ordinance of the county of Del Norte." Copies shall be available to the general public for a fee sufficient to cover cost of publication.

- (Ord. 83 03 (part))

There is adopted a local coastal program zoning enabling plan for the county of Del Norte, and certified by the California State Coastal Commission, state of California, as provided by law.

- (Ord. 83 03 (part))

This zoning plan is adopted to provide for the promotion and protection of the public health, safety, peace, morals, comfort, convenience, and general welfare, for the following more particularly specified purposes:

1. To assist in providing a definite plan of development for that portion of the county within the California Coastal Zone, and to guide, control and regulate the future growth of the county, in accordance with the zoning plan and pursuant to the General Plan Coastal Element.

2. To protect the character and the social and economic stability of agricultural, residential, commercial, industrial, and other areas within the county, and to assure the orderly and beneficial development of such areas.

- (Ord. 83 03 (part))

The zoning enabling plan provides the necessary legal procedure for the future establishment of various districts within the unincorporated territory of the county within such districts it is unlawful or lawful to erect, construct, alter or maintain certain buildings or to carry on certain trades or occupations or to conduct certain uses of land and/or buildings, and within which certain open spaces shall be required about future buildings, and consisting further of appropriate regulations to be enforced in such districts, all as set forth in Chapters 21.02 through 21.60.

• (Ord. 83 03 (part))

Protective districts shall be established upon initiation by the board of supervisors, the planning commission, or upon initiation by a petition signed by one or more persons owning property in the area affected, and shall be according to the procedures provided in Chapter 21.50.

• (Ord. 83 03 (part))

21.04 Definitions 21.04.10 Generally 21.04.15 Agricultural Land Prime 21.04.20 Agriculture 21.04.30 Airport 21.04.40 Alley 21.04.50 Animal Husbandry 21.04.60 Apartment 21.04.70 Apartment Court 21.04.80 Apartment House 21.04.90 Area Building Site 21.04.100 Automobile Wrecking

21.04.110 Basement 21.04.120 Block 21.04.130 Building 21.04.140 Building Accessory 21.04.150 Building Main 21.04.160 Business Or Commerce

21.04.165 Care Facility Residential 21.04.170 Caretaker 21.04.177 Coastal Zone California 21.04.180 Court 21.04.190 Coverage Lot Or Building 21.04.195 Development 21.04.200 District 21.04.210 Duplex 21.04.220 Dwelling Group 21.04.230 Dwelling Multiple 21.04.240 Employee Full-Time 21.04.248 Estuary 21.04.249 Factory-Built Home 21.04.250 Family 21.04.260 Family Immediate 21.04.265 Farmed Wetlands 21.04.270 Front Wall 21.04.280 Garage Private 21.04.290 Garage Public 21.04.300 Garage Storage 21.04.310 Guest Room 21.04.320 Height Of Building 21.04.325 Home Enterprise 21.04.330 Home Occupation 21.04.340 Hotel 21.04.350 House Court 21.04.360 Household Pets 21.04.370 Industry 21.04.380 Junk 21.04.390 Junkyard 21.04.397 Lateral Access Coastal Zone 21.04.400 Livestock Farming 21.04.406 Lodging House Or Guest 21.04.410 Loading Space 21.04.420 Lot 21.04.430 Lot Area 21.04.440 Lot Corner 21.04.450 Lot Depth 21.04.460 Lot Frontage 21.04.470 Lot Interior 21.04.480 Lot Key 21.04.490 Lot Lines 21.04.500 Lot Line Front 21.04.510 Lot Line Rear

21.04.520 Lot Line Side

21.04.525 Manufactured Home 21.04.530 Mining And Mineral Extraction 21.04.540 Mobilehome 21.04.550 Mobilehome Park 21.04.560 Motel 21.04.570 Mutual Water Company 21.04.580 Native Wooded Habitat 21.04.590 Nonconforming Use 21.04.600 Nuisance 21.04.610 One Ownership 21.04.620 Outdoor Advertising Sign 21.04.630 Outdoor Advertising Structure 21.04.634 Park Trailer 21.04.636 Passive Recreational Use Coastal Access 21.04.640 Professional Office 21.04.650 Public Sewage Disposal System 21.04.660 Public Use 21.04.670 Public Water Supply 21.04.680 Quasi-Public Use 21.04.690 Recreational Vehicle 21.04.700 Recreational Vehicle Park - 21.04.710 Residence One Family - 21.04.720 Residence Two Family 21.04.723 Resource Conservation Area 21.04.726 Riparian Vegetation 21.04.727 Sand Dunes Coastal 21.04.730 Saw Mill 21.04.740 Setback 21.04.750 Small Livestock Farming 21.04.760 Stable Private 21.04.770 Stable Public 21.04.780 Story 21.04.790 Story Half 21.04.800 Street 21.04.810 Street Line 21.04.820 Structure 21.04.830 Structural Alterations 21.04.835 Subdivision 21.04.840 Use 21.04.850 Use Accessory 21.04.855 Vertical Access Coastal Zone 21.04.856 Wetland 21.04.860 Wrecking Yard

21.04.870 Yard 21.04.880 Yard Front

21.04.890 Yard Rear 21.04.900 Yard Side

For the purpose of the ordinance codified in Chapters 21.02 through 21.60, certain terms used are defined as follows:

All words used in the present tense include the future all words in the plural number include the singular, unless the natural construction of the wording indicates otherwise. "Lot" includes "plot" "building" includes "structure" and "shall" is mandatory and not directory. "California Coastal Commission" means the commission and staff designated by the state of California to administer the California Coastal Act. "County" means the county of Del Norte, state of California "board of supervisors" means the board of supervisors of the county of Del Norte, state of California "planning commission" means the planning commission of the county of Del Norte, state of California and "county boundary" means the boundary of the county of Del Norte, municipality within Del Norte County.

- (Ord. 83 03 (part))

"Prime agricultural land" consists of twenty acres or more in contiguous ownership which are actively used for the production of nursery crops, pasture crops, dairy products and/or livestock or which are Class I soils and/or quality for a rating of eighty and above on the storie index.

- (Ord. 83 03 (part))

"Agriculture" means the tilling of the soil, the raising of crops, horticulture and viticulture, including all uses customarily incidental thereto for commercial purposes, but not including slaughterhouses, fertilizer yards, bone yards or plants for the reduction of animal matter or any other industrial use which is similarly objectionable because of noise, odor, smoke, dust or fumes.

- (Ord. 83 03 (part))

"Airport" means the operation of any area of land or water designed and set aside for the landing and taking off of aircraft, but not including private agricultural operations.

- (Ord. 83 03 (part))

"Alley" means public thoroughfare, not exceeding twenty feet in width, for the use of pedestrians and/or of vehicles which affords only a secondary means of access to abutting property.

- (Ord. 83 03 (part))

"Animal husbandry" means the keeping of any or all livestock except hogs.

- (Ord. 83 03 (part))

"Apartment" means a room or suite or two or more rooms which is designed for, intended for and/or occupied by one family doing its cooking therein.

- (Ord. 83 03 (part))

For "apartment court," see "dwelling group," Section 21.04.220.

- (Ord. 83 03 (part))

For "apartment house," see "dwelling, multiple," Section 21.04.230.

- (Ord. 83 03 (part))

"Building site area" means the total of the ground area of a building or buildings together with all yard spaces required by Chapters 21.08 through 21.48.

- (Ord. 83 03 (part))

For "automobile wrecking," see "wrecking yard," Section 21.04.860.

- (Ord. 83 03 (part))

"Basement" means a story wholly or partly underground and having at least one-half of its height below grade. A basement shall be counted as a story if the vertical distance from grade to the ceiling is over five feet.

• (Ord. 83 03 (part))

"Block" means a story wholly or partly underground and having at least one side of a street and lying between the two nearest intersecting or intercepting streets, or railroad right-of-way, or unsubdivided acreage, or a combination thereof.

• (Ord. 83 03 (part))

"Building" means any structure having a roof supported by columns and/or by walls and intended for the shelter, housing and/or enclosure of any person, animal or chattel. When any portion thereof is completely separated from every other portion thereof by a masonry division or fire wall without any window, door or other opening therein, which wall extends from the ground to the upper surface of a roof at every point, then each such portion shall be deemed to be a separate building.

• (Ord. 83 03 (part))

"Accessory building" means a subordinate building the use of which is incidental to that of the main building on the same parcel. In residential, residential-architectural and rural-residential districts, the residence is the main building and the accessory building must be built after construction of the residence. Where the minimum lot size in these districts is less than three acres, the accessory building must meet the following criteria:

1. 1. No single accessory building shall exceed twelve hundred square feet in area coverage.

   2. The height of the accessory building shall not exceed sixteen feet as measured from the average ground level to the peak of the roof.

   3. No person outside of the members of the family shall be employed within the accessory building.

   4. Exceeding the above maximum dimensions shall only be allowed after the securement of a use permit.

• • (Ord. 95 17 § 8(1), 1995: Ord. 83 03 (part))

"Main building" means a building in which is conducted the principal use of the lot upon which it is situated. In any R or RR district, any dwelling shall be deemed to be a main building upon the lot upon which the same is situated.

• (Ord. 83 03 (part))

"Business or commerce" means the purchase, sale or other transaction involving the handling or disposition (other than is included in the term "industry" as defined in this chapter) of any article,

substance or commodity for profit or livelihood, including, in addition, office buildings, offices, shops for the sale of personal services, garages, outdoor advertising structures, automobile camps, automobile courts, hotels and recreational or other enterprises conducted for profit.

- (Ord. 83 03 (part))

A "residential care facility" shall be as defined by California Health and Safety Code, including habilitative, congregate, foster or group home in a health care, community care, or recovery care facility for six or fewer persons, or in a small day care facility and shall, under state law, be considered a singlefamily residence for the purpose of this zoning code. Large day care facilities, as defined by California Health and Safety Code, shall also be considered a single-family residence however, a use permit will be required in all R zone districts to address potential local health and safety issues.

• (Ord. 99 002 (part), 1999)

"Caretaker" means any person who is on the premises only in the absence of the property owner, and all other persons, from the property to be cared for. He must provide manual labor and maintenance services for the owner to substantial physical improvements (buildings, equipment, crops on five acres or more, etc.).

• (Ord. 83 03 (part))

"California Coastal Zone" means that area of the county under the jurisdiction of the California Coastal Act as set forth by Public Resources Code Section 30103 and as delineated by the Local Coastal Program prepared pursuant to the Act.

• (Ord. 83 03 (part))

"Court" means an open, unoccupied space on the same lot with a building or buildings and which is bound on two or more sides by such building or buildings, including the open space in a house court or court apartment providing access to the units thereof.

• (Ord. 83 03 (part))

"Lot or building coverage" means that portion of the lot area covered by buildings.

• (Ord. 83 03 (part))

"Development" means on land, in or under water, the placement or erection of any solid material or structure discharge or disposal of any dredged material or of any gaseous, liquid, solid or thermal waste grading, removing, dredging, mining or extraction of any materials change in the density or intensity of use of land, including, but not limited to subdivisions pursuant to the Subdivision Map Act, and any other division of land including lot splits change in the intensity of use of water or of access thereto construction, reconstruction, demolition, or alteration of the size of any structure including any facility of any private, public, or municipal utility and the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting and timber operations which are in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z'berg-Nejedly Forest Practice Act of 1973.

- (Ord. 83 03 (part))

"District" means a portion of the unincorporated territory of the county within which certain uses of land, premises and buildings are permitted and certain other uses of land, premises and buildings are not permitted and within which certain yards and other open spaces are required and certain building site areas are established for buildings, all as set forth and specified in Chapters 21.02 through 21.60.

- (Ord. 83 03 (part))

"Duplex" means a two-family residence designed for or used exclusively for residence purposes by two families in separate housekeeping units.

• (Ord. 83 03 (part))

"Dwelling group" means a group of two or more detached or semidetached one-family or two-family residences or multiple dwellings occupying a parcel of land in one ownership and having any yard or court in common, including house courts and apartment courts, but not including automobile courts.

- (Ord. 83 03 (part))

"Multiple dwelling" means a building or portion thereof used and/or designed as a residence for three or more families living independently of each other, and doing their own cooking in the building, including apartment houses, apartment hotels and flats, but not including automobile courts.

• (Ord. 83 03 (part))

"Full-time employee" means a person working for a monetary wage or salary at least thirty-two hours per week.

• (Ord. 83 03 (part))

"Estuary" means a coastal water body usually semi-enclosed by land, but which has open, partially obstructed, or intermittent exchange with the ocean and in which ocean water is at least occasionally diluted by fresh water runoff from the land.

- (Ord. 83 03 (part))

"Factory-built home" means a dwelling, wholly or in substantial part, fabricated in an off-site manufacturing facility to be wholly or partially assembled on-site in accordance with building standards published in the State Building Code and other regulations adopted locally. Factory-built housing includes such types as modular, panelized and pre-cut homes but does not include a mobilehome, manufactured home, commercial coach, nor a recreational vehicle.

- (Ord. 95 06 § 2 (part), 1995)

"Family" means one or more persons occupying a premises and living as a single, nonprofit housekeeping unit, as distinguished from a group occupying a hotel, club, fraternity or sorority house. A "family" includes necessary servants.

• (Ord. 83 03 (part))

"Immediate family" means parents, children, brothers or sisters of either the property owner or spouse of the property owner.

• (Ord. 83 03 (part))

"Farmed wetlands" means wetland areas which are grazed, planted or cut for forage during parts of the year.

• (Ord. 83 03 (part))

"Front wall" means the wall of the building or other structures nearest the street upon which the building faces but excluding certain architectural features as specified in Section 21.46.90.

- (Ord. 83 03 (part))

"Private garage" means an accessory building of portion of the main building designed and/or used for the shelter or storage of vehicles which are associated with residential use by the occupants of the main building.

• (Ord. 83 03 (part))

"Public garage" means any premises, except those herein defined as private or storage garage, used for the storage and/or care of the self-propelled vehicles, or where any such vehicles are equipped for operation or repair, or kept for remuneration, hire or sale.

- (Ord. 83 03 (part))

"Storage garage" means any premises, except those herein defined as a private garage, used exclusively for the storage of self-propelled vehicles.

• (Ord. 83 03 (part))

"Guest room" means a room which is intended, arranged or designed to be occupied or which is occupied by one or more guests, but in which no provision is made for cooking and not including dormitories for sleeping purposes. Residential noncommercial guest rooms shall be within or attached to the principal residence and shall be a part of the residential utility (sewer, electric, etc.) service lines.

• (Ord. 83 03 (part))

"Height of building" means the vertical distance from the average level of the highest and lowest point of the portion of the lot covered by the building, to the highest point of the building.

- (Ord. 83 03 (part))

"Home enterprise" means a service, office, studio or production use conducted in conjunction with a dwelling unit, managed by the inhabitants thereof, which use includes business activities more intense than those of a home occupation. Home enterprises may be considered in specified zoning districts subject to the issuance of a use permit which shall find that the use is clearly incidental and secondary to the use of the property for dwelling purposes, does not substantially change the character of the dwelling or neighborhood thereof, and which use:

1. 1. Is confined within an on-site dwelling or accessory structure thereto, occupies not more than thirty-three percent of the total on-site building square footage, and/or is confined to a garden or orchard where food or flora is grown on-site.

2. Involves no sales of new or used merchandise other than that produced on the premises, or merchandise directly related to, and incidental to, the services offered.

3. Is managed by the family occupying the dwelling with no more than three nonresident employees at the site where the residence is located within any general plan designated urban or rural area, or nor more than five non-resident employees at the site where the residence is located within any general plan designated resource area.

4. Does not entail the establishment of a permanent salesroom or group meeting room, except that provision for occasional temporary sales areas or group meetings may be established by the use permit where no impact upon the surrounding neighborhood is found.

5. Is in compliance with applicable health, safety and welfare standards such as the Uniform Building Code, Uniform Fire Code, Americans With Disabilities Act, OSHA, etc.

6. Produces no evidence of its existence beyond the property line (except one unlighted sign of not more than ten square feet which shall be considered a residential sign) such as noise, smoke, odors, vibration, lighting, exterior storage, excessive or intrusive electronic and/or communication devices, etc.

7. Does not establish or create a health or safety hazard.

8. Does not generate pedestrian or vehicular traffic, including delivery vehicles, beyond that normal in the neighborhood in which located and provides off-street parking adequate for clients and employees in addition to that required for the residence.

9. Includes no outside storage of materials, products, equipment or business vehicles, other than the personal transport vehicle(s) of the resident business owner(s).

10. Clinics (exceeding more than one doctor/practitioner), medical laboratories, hospitals, residential care facilities, animal hospitals, outdoor contractors yards, storage rental (i.e., mini storage), food or liquor service establishments such as bakeries, restaurants or bars, and auto repair and/or painting, shall not be deemed to be home enterprises. Animal kennels, raising or sales of animals and/or animal products, and food processing shall not be deemed to be home enterprises where the residence is located within a general plan designated urban area.

• (Ord. 99 002 (part), 1999)

"Home occupation" means an individually provided service, or an individual office or studio use conducted within a dwelling by the inhabitants thereof which use is clearly incidental and secondary to the use of the property for dwelling purposes and does not change the character thereof and which use:

1. Is confined within the dwelling and occupies not more than twenty-five percent of the floor space thereof, or is confined to a garden or orchard where unprocessed food or flora is grown on-site.

2. Involves no on-site sales of merchandise other than that produced on the premises, or merchandise directly related to, and incidental to, the services offered.

3. Is carried on by the members of the family occupying the dwelling with no other person employed.

4. Does not entail the conversion of a room into a salesroom or group meeting room.

5. Produces no evidence of its existence beyond the dwellings (except one unlighted sign of not more than one square foot) such as noise, smoke, odors, vibration, lighting, exterior storage yards,

excessive or intrusive electronics or communications devices, etc.

6. Does not generate pedestrian or vehicular traffic (including delivery vehicles) beyond that normal in the neighborhood in which located and provides off-street parking adequate for clients in addition to that required for the residence.

7. Includes no outside storage of materials, products, equipment or business vehicles, other than the personal transport vehicle(s) of the resident business owner(s).

8. Clinics, medical laboratories, hospitals, residential care facilities, antique shops, guest lodging, food or liquor service establishments such as bakeries, restaurants or bars, food processing, beauty or similar personal service shops (exceeding more than one operator), animal hospitals or kennels, raising or sales of animals and/or animal products, contractors yards, retail merchandise warehousing or sales, ongoing yard or crafts sales, and commercial woodworking or repair shops, shall not be deemed to be home occupations.

• • (Ord. 99 002 (part), 1999: Ord. 83 03 (part))

"Hotel" means any building or portion thereof containing four or more guest rooms used, designed or intended to be used, let or hired out to be occupied, whether the compensation be paid directly or indirectly.

• • (Ord. 99 002 (part), 1999: Ord. 83 03 (part))

For "house court," see "dwelling group," Section 21.04.220.

- (Ord. 83 03 (part))

"Household pets" shall be limited to dogs (canis familiaris), cats (fetis catus) and animals whose normal place of abode is within the dwelling unit, such as caged birds, caged rodents, and fish, reptiles, and amphibia confined to aquaria and terraria.

• (Ord. 83 03 (part))

"Industry" means the manufacture, fabrication, reduction or destruction of any article, substance or commodity, or any other treatment thereof in such a manner as to change the form or character thereof, including, in addition, the following: bottling works, building materials or contractors' yards, cleaning and dyeing establishments, creameries, junkyards, wrecking yards, laundries, lumber yards, milk bottling or distributing stations, stockyards, storage elevators, truck storage, service or repair, warehouses and wholesale storage.

• (Ord. 83 03 (part))

"Junk" means any worn out, cast off, or discarded article or material which is ready for destruction or has been collected or stored for salvage or conversion to some use. Any article or material which, unaltered or unchanged and without further reconditioning, can be used for its original purpose as readily as when new shall not be considered as "junk."

• (Ord. 83 03 (part))

"Junkyard" means the use of more than two hundred square feet of the area of any lot for the storage or keeping of junk, including scrap metals or other scrap materials or inoperable vehicles.

• (Ord. 83 03 (part))

"Coastal zone lateral access" means access for public use along and parallel to the shoreline generally located between the mean high tide line and the first line of vegetation or the crest of the paralleling bluff.

- (Ord. 83 03 (part))

"Livestock farming" means dairying, ranching or the keeping of large livestock, except fowl.

• (Ord. 83 03 (part))

"Lodging house" or "guest lodging" are synonymous and mean any dwelling or portion thereof containing not more than three guest rooms which are used by not more than six guests where compensation is paid in money, goods, labor or otherwise and where the use is accessory to a residential occupancy. Incidental food service, for guests only, may be included subject to county health regulations, provided that no second separate cooking facility shall be established. One on-site parking space shall be provided for each guest room in addition to those spaces required for the residence and signage shall not exceed that permitted for the residence itself.

• • (Ord. 99 002 (part), 1999: Ord. 83 03 (part))

"Loading space" means an off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access.

• (Ord. 83 03 (part))

"Lot" means land occupied or unoccupied, which may be occupied by a building and its accessory buildings, or by a dwelling group and its accessory buildings, together with such open spaces as are required under the provisions of Chapters 21.02 through 21.60 having not less than the minimum area required by Chapters 21.02 through 21.60 for a building site in the district in which such lot is situated, and having access to a public road. Also refer to Section 21.46.80 regarding existing lots.

- (Ord. 83 03 (part))

"Lot area" means the total horizontal area included within lot lines.

• (Ord. 83 03 (part))

"Corner lot" means a lot situated at the intersection of two or more streets, or bounded on two or more adjacent sides of street lines.

• (Ord. 83 03 (part))

"Lot depth" means the average distance from the street line of the lot to its rear line measured in the general direction of the side lines of the lot.

• (Ord. 83 03 (part))

"Lot frontage" means the dimension of a lot or portion of a lot abutting on a street, except the side of a corner lot.

• (Ord. 83 03 (part))

"Interior lot" means a lot other than a corner lot.

• (Ord. 83 03 (part))

"Key lot" means the first lot to the rear or side of a corner lot, the front line of which is a continuation of the side line of the corner lot, exclusive of the width of any alley, and fronting on the street which intersects or intercepts the street on which the corner lot fronts.

• (Ord. 83 03 (part))

"Lot lines" means the lines bounding a lot as defined in this chapter.

• (Ord. 83 03 (part))

"Front lot line" means, in the case of an interior lot, a line separating the lot from the street. In the case of a corner lot, the front lot line shall be the line separating the narrowest street frontage of the lot line from the street.

• (Ord. 83 03 (part))

"Rear lot line" means, ordinarily, that line of a lot which is generally opposite the lot line along the frontage of the lot. In cases in which this definition is not applicable, the planning commission shall designate the rear lot line.

• (Ord. 83 03 (part))

"Side lot line" means any lot line not a front line or rear lot line.

• (Ord. 83 03 (part))

"Manufactured home" means a dwelling unit fabricated in an off-site manufacturing facility for installation or assembly at the building site, bearing a label certifying it is constructed in compliance with the Federal Manufactured Home Construction and Safety Standards (see 24 CFR 3280 for legal definition).

• (Ord. 95 06 §2 (part), 1995)

"Mining and mineral extraction" means those activities regulated by Chapter 7.36, "Surface Mining and Quarries." Within the California Coastal Zone mineral extraction is the mining of clay, sand, gravel and rock.

- (Ord. 83 03 (part))

"Mobilehome" means a transportable, factory-constructed home, designed to be used as a year-round residential dwelling and built prior to June 15, 1976, the effective date of the federal Manufactured

Housing Construction and Safety Standards Act of 1974. Mobilehome does not include a recreation vehicle, commercial coach or factory-built home.

• • (Ord. 95 06 §1 (part), 1995: Ord. 83 03 (part))

"Mobilehome park" means an area or tract of land where two or more mobilehome or manufactured home lots (spaces) are rented or leased, held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium or other form of resident ownership, to accommodate manufactured homes or mobilehomes. The rental paid for a manufactured home or mobilehome shall be deemed to include rental for the lot (space) it occupies. Mobilehome park does not include an area or tract of land zoned for agricultural purposes (AE) where two or more mobilehome or manufactured home lots (spaces) are rented or leased, held out for rent or lease, or provided as a term or condition of employment, to accommodate manufactured homes or mobilehomes used for the purpose of housing less than five agricultural employees.

• • (Ord. 95 06 §1 (part), 1995: Ord. 83 03 (part))