Del Norte County Municipal Code § 21.46.20 Uses Permitted With A Use Permit

The regulations specified in Chapters 21.02 through 21.60 shall be subject to the general provisions and exceptions set forth in this chapter.

(Ord. 83-03 (part), 1983)

The following uses may be permitted in any district subject to the securing of a use permit in each case. Uses proposed pursuant to subsections A or B of this section which are within any RCA, TP or AE zoning district shall not be approved unless it is found that an alternative site is not feasible and unless all feasible measures to mitigate any adverse impacts are required as condition(s) of the permit:

1. Public or quasi-public development which is part of a utility or service infrastructure (such as an electric substation or sewage pump station) or traditionally serves as a neighborhood or community center (such as an elementary school, church or community hall).

2. Public parking lots which serve public uses for which a use permit is not otherwise required (such as undeveloped recreation areas or access).

3. A temporary batch plant (such as asphalt or cement) in conjunction with a surface mining project permitted pursuant to this title and Chapter 7.36 of the Del Norte County Code, or, when the project site is not within any agricultural, timber or resource conservation area zone, where the plant is adjacent to the construction project which it serves. For the purposes of this section "temporary" shall be as established by a nonrenewable use permit.

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. 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 21.44 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.

7. 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 seventyfive 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).

   8. 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.

8. 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 workrelated 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.

(Ord. 2000-002 § 3 (part), 2000; Ord. 97-23 (part), 1997; Ord. 83-03 (part), 1983)

Temporary outdoor assembly of the public for commercial purposes, such as a carnival, circus, open-air theater, race track or boat races may be permitted in any zoning district subject to the issuance of a use permit. Any proposal within the AE, RCA1, RCA2 or TPZ zone(s) shall be required to submit, as a part of the use permit application, a soil and vegetation restoration plan. Approval of any permit in said zones shall require adoption and compliance with the restoration plan and shall include the posting of a performance bond.

(Ord. 83-03 (part), 1983)

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. Nameplates and numbers not over two square feet in area may be permitted in any R district.

3. Signs shall be permitted as set forth by Title 18 of the Del Norte County Code.

(Ord. 83-03 (part), 1983)

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. 83-03 (part), 1983)

1. Storage of trailers shall be as follows:

   1. No trailer will be permitted in the front yard of any R, RR, or Cl district.

   2. In all districts listed in subsection A(l) above, 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 A, C4 and M 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 be stored in the front yard of any R, RR, or Cl district.

3. The storage or keeping of junk in any district shall be confined to areas not visible from any street.

(Ord. 83-03 (part), 1983)

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 or eight feet in height along any side yard or rear yard unless a use permit is first secured in each case, provided that in no case may a fence, wall, or hedge within fifty feet of any street intersection be permitted to exceed the height of three feet above the road.

(Ord. 83-03 (part), 1983)

1. A legal use of land as a building site may be permitted on a lot of less area or frontage than that required by the regulations of Chapters 21.02 through 21.60, 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 21.02 through 21.60, 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 21.02 through 21.60.

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 area minimums, general plan density or sewage disposal system requirements, then the county of Del Norte permitissuing agencies shall not approve any permit on such lots pursuant to Section 66424.2 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 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 which is in accordance with all other requirements of Chapters 21.02 through 21.06, may be used as a building site only if an off state or county maintained road permit is first obtained from the county road department.

4. Special lot sizes for commercial and manufacturing 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 commission or health department to have more area than those specified in Chapters 21.02 through 21.60.

   2. Lot sizes smaller than those set forth in Chapters 21.02 through 21.60 may be used if approved by the planning commission and health department.

   3. Where a combined commercial and residential use is proposed for a parcel, a larger area than set forth in Chapters 21.02 through 21.60 may be required by the county planning commission or health department.

5. New parcels created within urban areas shall be a minimum of one acre in size if no public water and/or sewer is provided. If public water or sewer is provided, the parcels may be one-half acre minimum in size. Should both public water and sewer be provided, the land use designation shall determine the maximum density for each area.

6. New parcels created within areas designated by the General Plan as rural neighborhood and those created pursuant to the D or PC zone may be developed to the designated density subject to compliance with the requirements of the water quality control board.

(Ord. 83-03 (part), 1983)

1. Where the front yard requirements, as set forth in Chapters 21.02 through 21.60 are less than those specified hereinafter, then in that case the setback for front yards 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 right-of-way 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 right-ofway 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 private 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 private roads, except private driveways, one-half the rightof-way width plus twenty feet, but in no case less than forty-five feet from the centerline of the road.

   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. Cornices, eaves, canopies, balconies, galleries, and similar architectural features may extend into any required yard a distance not exceeding three feet.

3. 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.

4. 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.

5. 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 shall be equal to not less than one-half of the front yard required on the key lot.

6. 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 21.02 through 21.60 applicable to the main building.

7. 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 therefore shall be deemed attached in some manner to the main building and be subject to code requirements applicable to a main building.

8. 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 known easement or right-of-way of record.

9. Any accessory building used for animal husbandry other than small livestock farming 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.

10. Yards for the use of horses shall be fenced to keep animals not less than twenty feet from any dwelling. 11. 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.

11. Nothing contained in the general provisions shall be deemed to reduce special yard requirements as set forth in the regulations for any R, RR, or A district.

12. The shorter street frontage of a corner lot shall be considered the front of the lot, except where the front of main entrance door to a one-family residence faces the longer street frontage in which case the longer street frontage shall be the front of the lot.

13. Any accessory building used for small livestock farming shall be subject to those regulations pertaining to accessory buildings in general, except that no such building shall be located closer than twenty feet from any dwelling.

14. Where a portion of a parcel is designated as an RCA2 zoning district, any yard or setback requirements within the non-RCA area shall be measured from the zoning district boundary line.

15. 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(1), (4), 10(1), 1995; Ord. 83-03 (part), 1983)

• 21.46.100 Special Yards For Dwelling Groups

  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 (e.g., 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 (e.g., 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 (e.g., 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. 83-03 (part), 1983)

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 placed 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. These animals shall be kept pursuant to the requirements of Section 21.17.70(A).

(Ord. 94-18 §§ 2, 3 (part), 1994; Ord. 86-04 (part), 1986; Ord. 83-03 (part), 1983)

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, 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. The unit shall have a roof overhang of not less than four inches on any side, or portion thereof, and not less than six inches on each end of the unit. "End" is defined as the pulling front of each section and the rear of each transported section.

   3. Roofing material must consist of composition or similar shingles. or tile including a simulated tile.

   4. The exterior covering material shall be a wood base siding such as exterior plywood or masonite siding, or a horizontal lap aluminum or vinyl siding. Stucco may be approved subject to securement of use permit from the planning commission.

   5. 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.

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

   7. 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. 95-17 § 2, 1995; Ord. 88-32 § 1, 1988; Ord. 87-26 § 1 (Exh. A (part)), 1987; Ord. 85-09 § 1 (part), 1985; Ord. 83-03 (part), 1983)