§ 130.30

This Chapter identifies development standards that apply to all zones in order to provide consistent application of development standards throughout the County. Standards pertaining to the creation of new lots, new projects or the modification of existing lots are found in the Design and Improvement Standards Manual (DISM)/Land Development Manual (LDM), or successor document as applicable.

Sec. 130.30.020 - Minimum Area and Width of Lots.

A.

The minimum area and width of lots shall be as defined in the Development Standards for each zone as set forth in Chapters 130.21 (Agricultural, Rural, and Resources Zones) through 130.26 (Meyers Area Plan [MAP] Zone) in Article 2 (Zones, Allowed Uses, and Zoning Standards) of this Title, inclusive, and Title 120 (Subdivisions) of the County Code of Ordinances.

B.

Measurement of Lot Width. Lot width shall be measured in accordance with the following:

1.

The lot width shall be measured at the front lot line or the edge of the right-of-way or road easement. Where a lot is located at the end of a cul-de-sac or on the outside curve of a road, the lot width shall be measured at the minimum front setback line as established by the development standards of the zone.

2.

For a flag lot, the measurement requirements under Subsection B.1 above in this Section shall be taken across that portion of the lot not containing the access strip.

Sec. 130.30.030 - Parcel Size Exception—Parcels Conveyed to Government Agency.

A.

The minimum parcel size as set forth in each of the zone district regulations provided for in this Section shall be inapplicable to parcels created for the singular purpose of conveyance, dedication or transfer of the parcel to a governmental agency, public entity or public utility for such uses by the agency, entity or utility as may be authorized by law.

————

*Editor's note—Ord. No. 5090, adopted Aug. 14, 2018, amended Title 130 in its entirety, with the exception of Article 9, to read as herein set out. Capitalization and expression of numbers in text have been unchanged from the original ordinance. Obvious misspellings and punctuation errors have been corrected without notation. Amendments to said ordinance are indicated by parenthetical history notes following amended

provisions. The absence of a history note indicates that the provision remains unchanged from the original ordinance. For a detailed analysis and derivation of former Title 130, see the Code Comparative Table.

B.

At such time as a parcel created under the provisions of Subsection A of this section as conveyed or otherwise transferred to an entity other than a governmental agency, public entity or public utility, then the parcel shall be required to meet applicable minimum size regulations.

Sec. 130.30.040 - Parcel Size Exception—Same Generally.

In the following zone districts: RE, AG, LA, PA (where the property is not under a Williamson Act contract), RL, and FR, an existing parcel may be subdivided in such a way that one new parcel of less size than is required in the prevailing zone regulations is created within each subdivision provided the following conditions exist:

A.

Either the parcel is shown on the County tax roll or recorded deed as a separate parcel, is described as a fractional division of a section and a subsequent survey of the parcel shows it to be a maximum of 10 percent less than the acreage indicated on that tax roll; or

B.

The parcel is shown on the 1979 County tax roll as a separate parcel and the roll shows it to be a maximum of 10 percent less than the acreage required to make even divisions into the minimum parcel size to which it is zoned; or

C.

The parcel is shown on the 1979 County tax roll as a separate parcel and a survey shows it to be a maximum of 10 percent less than the acreage required to make even divisions into the minimum parcel size to which it is zoned; and both of the following:

1.

The smallest parcel proposed to be created is no less than 75 percent of the minimum size required by the applicable zone but, in no case shall a parcel be created less than 4.5 acres when groundwater dependent; and

2.

All other parcels proposed to be created are no less than the minimum required by the applicable zone or no more than onetenth of an acre larger than the minimum.

No parcel size exception shall be granted where the exception would conflict with general plan policies or provisions of this Title that require buffers to adjacent parcels.

(Ord. No. 5241, § 5, 8-19-2025)

All structures and buildings (see Article 8—Glossary: "Structure" of this Title) shall be located on a lot so as to conform to the setback requirements established for the zone in which the lot is located, as set forth in Chapters 130.21 (Agricultural, Rural , and Resources Zones) through 130.26 (Meyers Area Plan [MAP] Zone) in Article 2 (Zones, Allowed Uses, and Zoning

Standards) of this Title, inclusive, except as provided in this Chapter unless and until a Variance is granted in compliance with Section 130.52.070 (Variance) in Article 5 (Planning Permit Processing) of this Title or standards are modified pursuant to a Development Plan permit in compliance with 130.52.040 (Development Plan Permit) in Article 5 (Planning Permit Processing) of this Title.

A.

Measurement of Setbacks. Setbacks shall be measured from the closest of either a property line, the edge of a road easement, or the edge of a right-of-way line to the nearest point of the foundation or support of a building or structure, on a line perpendicular to the property line, road easement, or right-of-way line.

1.

Setbacks adjacent to existing private roads without defined right-of-way or road easements shall be measured from the edge of the maintained area of the road. Setbacks adjacent to County-maintained roadways shall be measured from a distance of 30 feet from the centerline of the road.

2.

Where the Board has adopted a future roadway alignment, the minimum setback shall be measured from the edge of the future right-of-way line.

3.

Expanded setbacks from major roads identified in the Design and Improvement Standards Manual (DISM)/Land Development Manual (LDM), or successor document shall be applied to protect future right of way for the planned widening of those roads. Proposed development adjacent to these roads shall be increased by the distance shown in the DISM/LDM, or successor document.

4.

Corner Lots. A corner lot with frontage on two or more streets shall have front yard (see Article 8 - Glossary: "Yards" of this Title) setback requirements, as identified in the Development Standards Tables in Article 2 (Zones, Allowed Uses, and Zoning Standards) of this Title, along each property line adjacent to a street, subject to the following exceptions:

a.

Double Frontage Corner Lots. On a corner lot with frontage on two streets, the building permit application shall specify the primary front yard; the remaining street frontage shall be considered the secondary front yard, as shown in Figure 130.30.050.A (Example: Corner Lot Setbacks) below in this Section. The yard opposite the primary front yard shall be considered the rear yard. The primary front yard setback shall comply with the front yard setbacks of the zone; the secondary front yard setback shall comply with the secondary front setback applicable to the zone.

Figure 130.30.050.A Example: Corner Lot Setbacks

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b.

Triple Frontage Corner Lots. On a corner lot with frontage on three streets, the building permit application shall specify the primary front yard. The frontage opposite the primary front yard shall be considered a rear yard for setback purposes, providing vehicular access is restricted.

c.

Rear Setback on Triangular Lot. Where a triangular lot has no rear lot line because its side lot lines converge to a point, an assumed line placed at the point, or vertex, of the angle and running perpendicular to a line bisecting the angle shall be considered the rear lot line for the purpose of measuring the required rear setback, as shown in Figure 130.30.050.B (Example: Rear Setbacks, Triangular Lots) below in this Section.

Figure 130.30.050.B Example: Rear Setbacks, Triangular Lots

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5.

Through Lots. Through lots, or double frontage non-corner lots, shall maintain front yard setbacks for the primary frontage containing the driveway encroachment, and rear yard setbacks for the opposite frontage, providing vehicular access is restricted. Where vehicular access is allowed, front yard setbacks shall apply.

B.

Exceptions to Setback Requirements. The following exceptions to the setback requirements shall be allowed when the qualifying conditions have been documented by a licensed civil engineer or surveyor. All reductions in front yard setbacks shall be subject to cross visibility area (CVA) requirements under Subsection 130.30.070.B.4 (Fences, Walls, and Retaining Walls— Front Yards) below in this Chapter.

1.

Front Setback Reduction for Slope. Where the elevation of a lot measured at the required front setback line averages six feet or more for a lot less than one acre, or eight feet or more for a lot one acre or greater, above or below the elevation at the edge of road pavement adjacent to said lot, the required front setback for a single-story structure may be reduced by 50 percent, except:

a.

Where a lot has more than one frontage, the elevation criteria set forth under this Subsection B.1 must be satisfied for all frontages.

b.

Any parking structure allowed by this Subsection B.1 at a reduced front setback shall provide at least 20 feet of parking area between the edge of road pavement and the structure.

2.

Administrative Relief. Setback reductions for a multi-story structure, or where all frontages of a lot do not meet the elevation criteria set forth in Subsection B.1 (Front Setback Reduction for Slope) above in this Subsection may be approved under administrative relief subject to Chapter 130.52 (Permit Requirements, Procedures, Decisions, and Appeals) in Article 5 (Planning Permit Processing) of this Title provided the requirement under Subsection B.1.b above in this Subsection is met.

C.

Projections into Required Setbacks.

1.

Cornices, window canopies, eaves, bay windows, or similar architectural features, which do not qualify as habitable area under the building code; heating and air conditioning equipment; and uncovered and unenclosed decks of 30 inches in height or less, excluding handrails, may extend into any required setback by not more than 50 percent provided that no such feature shall be allowed within three feet of any side lot line.

a.

For uncovered and unenclosed decks, setbacks shall be measured from the closest portion of the deck, such as flooring, footing, or foundation, to the property line.

2.

Front yards may have the following additional encroachments:

a.

Fences and walls, subject to Section 130.30.070 (Fences, Walls, and Retaining Walls) below in this Chapter.

b.

Bear resistant garbage can containers, subject to Subsection 3.g (Bear Resistant Garbage Can Containers) below in this Section.

c.

Signs, subject to Chapter 130.36 (Signs) below in this Chapter.

3.

The following encroachments or reduced setbacks into the required yards are allowed for the following specific uses, provided there is no encroachment into any public utility or drainage easement:

a.

Swimming pool, heating and air conditioning equipment may encroach into any setback by up to 50 percent but not less than 3 feet from any lot line. When located within a required setback as allowed by this Subsection, accessory mechanical equipment that generates noise (such as air conditioning or swimming pool equipment) shall be enclosed with an appropriate noise barrier when less than 10 feet from the property line.

b.

Swimming pools measured to the back edge (non-water side) of the bond beam and their accessory water features, such as manmade waterfalls, if 30 inches in height or less:

(1)

Front. Setback required by zone.

(2)

Side and Rear. 5 feet minimum.

c.

Propane Tanks shall meet the applicable standards of the fire code (See Article 8: Glossary—"Fire Code" and "Fire Safe Regulations" of this Title) subject to the following conditions:

(1)

Front. The propane tank may be located within the front setback provided it is not less than 10 feet from the property line and the tank is less than 40 inches in height and fully screened by fencing or landscaping.

(2)

Underground Tanks. May be located within any setback.

d.

Portable Sheds (non-habitable, less than 120 square feet of floor space, containing no utilities):

(1)

Front. Setback required by zone.

(2)

Side and Rear. Five feet minimum, subject to fire safe regulations under Subsection D (Fire Safe Setbacks) below in this Section.

e.

Chimneys (at ground level):

(1)

Front and Rear. Three feet into setbacks.

(2)

Side. Three feet into setback, but in no instance shall the remainder of the side yard be less than three feet.

(3)

Chimneys that protrude above ground level, such as cantilevered chimney chases on the second story of a residence, shall not be subject to setback requirements.

f.

Solar Collectors that are ground mounted shall comply with the required side and rear setbacks for the zone, subject to the height requirements and maximum reduction in setbacks allowed under state Public Resource Code Section 25981.

g.

Bear Resistant Garbage Can Containers. A bear resistant garbage can enclosure in compliance with the approved list maintained by the Environmental Management Department shall be subject to the following minimum setbacks:

(1)

Ten feet from the road as measured from the edge of the curb-face or pavement if no curbing exists. In no event shall a container be placed within the road right-of-way or easement.

(2)

On corner lots, containers shall not be located within the CVA at the intersection, as shown in Figure 130.30.070.B (Cross Visibility Area (CVA) Example #2) below in this Chapter.

h.

Trellises and Arbors.

(1)

A trellis shall be considered similar to a fence for setback purposes and be subject to the requirements for fences under Section 130.30.070 (Fences, Walls, and Retaining Walls) below in this Chapter.

(2)

An arbor less than 50 percent open shall be considered a structure and be subject to development standards, including setback requirements, for the zone.

D.

Special Setbacks for Agricultural and Timber Resource Protection. Notwithstanding any other provision of this Title, where incompatible uses, as defined in Article 8 (Glossary: see "Incompatible Uses: Agricultural") of this Title, adjacent to the agricultural zones of LA, PA, and AG, or the Forest Resource (FR) and Timber Production Zone (TPZ), the following setbacks shall apply on those lots containing the incompatible use:

1.

Setback Standards on Lots Adjacent to Agricultural Zones.

a.

When the agriculturally zoned lot is located within a General Plan designated Agricultural District: 200 feet.

b.

When the agriculturally zoned lot is located outside of a General Plan designated Agricultural District:

(1)

A lot with the proposed incompatible use is 10 acres or larger: 200 feet.

(2)

A lot with the proposed incompatible use is less than 10 acres: No special agricultural setback is required.

c.

When the lot adjacent to the agriculturally zoned lot is in a General Plan designated Community Region or Rural Center: 50 feet.

2.

Setback Standards on Lots Adjacent to the Forest Resource or Timber Production Zone:

a.

When the lot adjacent to the Forest Resource or Timber Production Zone is within the General Plan designated Rural Region: 200 feet.

b.

When the lot adjacent to the Forest Resource or Timber Production zone is within a General Plan designated Community Region or Rural Center: 50 feet.

3.

Setbacks and Buffers for Adjacent Tangent Lots. Where an agricultural or timber production zoned lot abuts a lot at a tangent or single point and where an agricultural or timber production zone setback will apply to the adjacent lot, the setback will be measured as a radius the length of the required setback, from the point of tangent into the adjacent lot, as shown in Figure 130.30.050.C (Examples: Tangential Setbacks) below in this Section:

Where an agricultural or timber production zoned lot abuts a lot at a tangent or single point and where an agricultural or timber production zone setback will apply to the adjacent lot, the setback will be measured as a radius the length of the required setback, from the point of tangent into the adjacent lot, as shown in Figure 130.30.050.C (Examples: Tangential Setbacks) below in this Section:

Figure 130.30.050.C Examples: Tangential Setbacks

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4.

Administrative Relief. Administrative relief from the setback requirements established in Subsections E.1 through E.3 above in this Section may be granted by the Ag Commission or the Director under an Administrative Permit (Section 130.52.010, Administrative Permit, Relief, or Waiver) in Article 5 (Planning Permit Processing) of this Title in compliance with criteria set forth by resolution of the Board, as amended from time to time.

E.

Special Setbacks for Mineral Resource Protection.

1.

Notwithstanding any other provision of this Title, where incompatible uses, as defined in Article 8 (Glossary: see "Incompatible Uses: Mining") of this Title, adjacent to lands located in the -MR Combining Zone containing existing approved mining operations, the following setbacks shall apply on those lots containing the incompatible use:

a.

250 feet on lots ten acres or greater.

b.

150 feet on lots less than ten acres in size.

2.

The required setbacks in Subsection F.1 above in this Section, may be administratively reduced under an Administrative Permit, in compliance with Section 130.52.010 (Administrative Permit, Relief, or Waiver) in Article 5 (Planning Permit Processing) of this Title by not more than 50 percent when the property owner affected by the setback has demonstrated to the Director that the mineral resource is at least 250 feet from the property line and mining activities are not likely to be carried on within 250 feet of the property line.

F.

Protection of Wetlands and Sensitive Riparian Habitat.

1.

Content. This subsection establishes standards for avoidance and minimization of impacts to wetlands and sensitive riparian habitat as provided in General Plan Policies 7.3.3.4, 7.4.2.5 and 7.4.2.8.

2.

Applicability. The standards in this subsection apply to all ministerial or discretionary development proposed adjacent to any perennial streams, rivers or lakes, any intermittent streams and wetlands, as shown on the latest 7.5 minute, 1:24,000 scale United States Geological Survey (USGS) Quadrangle maps, and any sensitive riparian habitat within the County. Activities regulated under this subsection include those activities also regulated under the federal Clean Water Act (33 U.S.C. § 1251 et seq.) and California Fish and Game Code (Section 1600-1607). These standards do not apply to culverted creeks and engineered systems developed or approved by the County or other public agency for collection of storm or flood waters, or systems other than natural creeks designed to deliver irrigation or water supplies. Additional standards applicable to the design of new developments or subdivisions are found in the Design and Improvement Standards Manual (DISM)/Land Development Manual (LDM), or successor document.

3.

Use Regulations.

a.

New ministerial and discretionary development shall avoid or minimize impacts to perennial streams, rivers or lakes, intermittent streams and wetlands, and any sensitive riparian habitat to the maximum extent practicable. Where avoidance and minimization are not feasible, the County shall make findings, based on documentation provided by the project proponent, that avoidance and minimization are infeasible.

b.

Any new development which does not avoid impacts to wetlands and sensitive riparian habitat shall prepare and submit a Biological Resource Assessment identifying the location of all features regulated under this Section.

c.

An applicant shall obtain all required permits from state or federal agencies having jurisdiction, and shall fully implement any mitigation program required as a condition of such permit. Where the area impacted is not within federal or state jurisdiction, the County shall require appropriate mitigation as recommended in a Biological Resource Assessment.

d.

Ministerial development, including single family dwellings and accessory structures, shall be set back a distance of 25 feet from any intermittent stream, wetland or sensitive riparian habitat, or a distance of 50 feet from any perennial lake, river or stream. This standardized setback may be reduced, or grading within the setback may be allowed, if a biological resource evaluation is prepared which indicates that a reduced setback would be sufficient to protect the resources.

e.

All discretionary development which has the potential to impact wetlands or sensitive riparian habitat shall require a Biological Resource Assessment to establish the area of avoidance and any buffers or setbacks required to reduce the impacts to a less than significant level. Where all impacts are not reasonably avoided, the biological resource evaluation shall identify mitigation measures that may be employed to reduce the significant effects. These mitigation measures may include the requirement for compliance with the mitigation requirements of a state or federal permit, if required for the proposed development activity.

f.

Any setback or buffer required by this subsection shall be measured from the ordinary high water mark of a river, perennial or intermittent stream, and the ordinary high water mark or spillway elevation of a lake or reservoir.

g.

Except where otherwise provided in this section, filling, grading, excavating or obstructing streambeds is prohibited except where necessary for placement of storm drain and irrigation outflow structures approved by the County; placement of public and private utility lines; construction of bridges and connecting roadways; maintenance activities necessary to protect public health and safety; and creek restoration and improvement projects.

h.

All new septic system construction shall comply with standards established by the Environmental Management Department, or applicable state and federal regulations for setbacks from lakes, rivers and streams.

i.

Projects within the joint jurisdiction of the County and the Tahoe Regional Planning Agency (TRPA) shall be subject to setbacks established by TRPA.

4.

Exceptions; Uses allowed. The following uses are allowed:

a.

Native landscaping;

b.

Fencing, consistent with the provisions of Subsection 130.30.070.B (Fences, Walls, and Retaining Walls—Front Yards) below in this Chapter, that does not interfere with the flow of waters or identified wildlife migration corridors;

c.

Roads or driveways used primarily for access or for the maintenance of a property;

d.

Utilities;

e.

Storm drains into riparian areas and creeks;

f.

Trails and passive recreational activities not involving the establishment of any structures;

g.

Boat ramps, docks, piers, and related features used for private purposes, subject to applicable local, state, or Federal regulations;

h.

Construction and maintenance of bridges, culverts, rip-rap, and other drainage facilities;

i.

Agricultural activities that utilize best management practices (BMPs), as recommended by the Ag Commission and adopted by the Board.

Exceptions; Conditionally Permitted Uses.

a.

The uses, and structures allowed in applicable zones are allowed within riparian areas with an approved Minor Use Permit;

b.

In addition to the findings required for approval of a Minor Use Permit, the Zoning Administrator shall make all of the following findings for a Minor Use Permit for riparian area development:

(1)

The proposed use, structure, or encroachment cannot be feasibly located outside the riparian area or such location would have a more adverse effect on the stream environment.

(2)

Measures are included that provide adequate protection of wildlife habitat, water quality and in-stream habitat, and capacity for flood management.

6.

Performance Standards.

a.

Construction is prohibited in riparian buffers unless the necessary permits have been obtained from other responsible governmental agencies, and plans have been approved by the County.

b.

Grading, alteration of the natural contours of the land, or cutting or alteration of natural vegetation that protects sensitive riparian habitat is prohibited within riparian areas except when such action is required for the construction of an approved development or structure, associated with an agricultural use utilizing approved BMP's, or a creek restoration and enhancement project, or necessary to protect public health and safety.

7.

Specific setbacks for major lakes, rivers and streams. The setbacks identified in Table 130.30.050.H.1 (Specific Riparian Setbacks) below in this Section shall be provided, unless a discretionary approval by the County provides a larger or smaller setback.

Table 130.30.050.H.1—Specific Riparian Setbacks

8.

Coordination with Other Regulatory Agencies. All required permits from the California Department of Fish and Wildlife, the U.S. Army Corps of Engineers, regional water quality control board(s), California State Water Resources Control Board, or other applicable agencies, shall be obtained prior to commencement of construction. Evidence of approval or pending approval of any such permit shall be provided to the County, including all appropriate supporting materials, environmental documentation, and studies.

(Ord. No. 5241, § 6, 8-19-2025)

Sec. 130.30.060 - Height Limits and Exceptions.

All structures and buildings shall conform to the maximum height requirements established for the zone in which the lot is located as set forth in Chapters 130.21 (Agricultural, Rural, and Resources Zones) through 130.26 (Meyers Area Plan [MAP] Zone) in Article 2 (Zones, Allowed Uses, and Zoning Standards) of this Title, inclusive, subject to the exceptions under Subsection C (Exceptions to Building Height Requirements) below in this Section unless a Development Plan or Conditional Use Permit is approved allowing additional height, in compliance with Sections 130.52.040 (Development Plan Permit) or 130.52.021 (Conditional Use Permit) in Article 5 (Planning Permit Processing) of this Title.

A.

Measurement of Building Height. The height of a building is determined by calculating the average finished grade of each building wall, and measuring the height between this average finished grade and the highest point of the building, as shown in Figure 130.30.060.A (Example: Building Height Calculation) below in this Section. Where a retaining wall supporting a drop in grade is within a five foot horizontal distance from the exterior wall, the height of the retaining wall shall be included in the building height. If each building wall has a different height, then the average height of all four walls is calculated to determine the actual building height, as shown in Figure 130.30.060.A (Example: Building Height Calculation) below in this Section.

Figure 130.30.060.A

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B.

Building Height Calculation for Determination of Side Yard Setback in Residential Zones. This Subsection shall apply in all zones that require setbacks of less than 30 feet. To calculate side yard setbacks based on building height, the wall facing the side yard shall be measured in compliance with Subsection A above in this Section for average grade, but in this case the highest point of the building shall be that highest point within ten feet from the surface of the wall being measured, as shown in Figure 130.30.060.B (Example: Building Height Determination for Side Yard Setbacks) below in this Section:

Figure 130.30.060.B Example: Building Height Determination for Side Yard Setbacks

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For purposes of calculating the side yard setback, every foot or fraction thereof over a 25 foot height, as measured according to this Subsection, shall increase the setback by one foot. As demonstrated in Figure 130.30.060.B (Example: Building Height Determination for Side Yard Setbacks) above in this Section, the highest point measured, at 28 feet, shall increase the side yard setback by three feet.

C.

Exceptions to Building Height Requirements. Chimneys; church spires; elevator, mechanical and stair housings; flag poles; towers; vents; and other similar structures which are not used for human activity may be up to 20 percent higher than the maximum height requirements in all zones where the excess height is not prohibited by Section 130.27.100 (Airport Noise and Safety Contour [-ANS]) in Article 2 (Zones, Allowed Uses, and Zoning Standards) of this Title. The use of towers or similar structures to provide higher ceiling heights for habitable space shall be deemed a use intended for human activity. No such structure shall be employed for any commercial or advertising use unless specifically allowed by the applicable zone, except that antennas and associated equipment may be located within such structures.

Sec. 130.30.070 - Fences, Walls, and Retaining Walls.

A.

Measurement of Fence Height. Fence height shall be measured as the vertical distance between the natural or finished grade at the base of the lowest side of the fence, and the top edge of the fence material, as shown in Figure 130.30.070.A (Example: Fence Measurement) below in this Section:

Figure 130.30.070.A Example: Fence Measurement

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B.

Front Yards. In all zones and for non-agricultural uses, the following fence and wall requirements shall apply within required front yard setback areas:

1.

Fences or walls at least 50 percent open shall be allowed up to a height of seven feet in both primary and secondary front yard setbacks, as determined in Subsection 130.30.050.A.4.a (Double Frontage Corner Lots) above in this Chapter.

2.

Fences or walls which are less than 50 percent open shall not exceed 40 inches in height in the primary front yard setback.

3.

The setback for a retaining wall greater than 36 inches in height may be reduced by 50 percent where the slope gradient for the front half of the lot exceeds 25 percent, providing:

a.

The exposed height shall not exceed seven feet.

b.

Any fence erected on the top of a retaining wall shall meet the requirements identified in this Section for height, construction, and cross-visibility area (CVA) purposes.

4.

Retaining walls that exceed the standards in 3.a above in this Section shall be subject to a Minor Use Permit in compliance with Section 130.52.020 (Minor Use Permit) in Article 5 (Planning Permit Processing) of this Title.

5.

Retaining walls necessary to provide site access or that do not exceed 36 inches in exposed height shall not be subject to setback requirements. In addition, such walls may be allowed within public utility easements but not within drainage easements.

Fences or walls less than 50 percent open may be allowed up to a height of seven feet in the secondary front yard setback, but not less than 10 feet from the property line, right-of-way, or road easement where the property line is the center line of the road, subject to the cross-visibility area (CVA) restrictions in Subsections B.7 and B.8 (Front Yards) below in this Section.

7.

At a corner formed by any encroachment onto a road, no fence or wall greater than 40 inches in height shall be placed within the CVA consisting of a triangle having two sides 10 feet long, running along the driveway/encroachment edge and the road edge-of-pavement, said length beginning at their intersection, and the third side formed by a line connecting the two ends, as shown in Figure 130.30.070.B (Cross Visibility Area [CVA]) below in this Section (See #1 above in this Section).

8.

On corner lots, no fence or wall greater than 40 inches in height shall be placed within the CVA consisting of a triangle having two sides 25 feet long, running along each right of way or road easement, said length beginning at their intersection, and the third side formed by a line connecting the two ends, as shown in Figure 130.30.070.B (Cross Visibility Area [CVA]) below in this Section (See #2 above in this Section):

Figure 130.30.070.B Cross Visibility Areas (CVA)

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C.

Side and Rear Yards. In all zones, fences, walls, cut retaining walls, or fences and walls that are erected within five feet of a retaining wall shall be allowed within required side and rear yard setbacks to a maximum cumulative height of seven feet. Fences, walls, or fences and walls that are erected within five feet of a retaining wall such that the cumulative height exceeds seven feet, but does not exceed ten feet in cumulative height, may be allowed subject to the following:

1.

Where the height of the fence or fence and wall is more than seven feet above the natural or finished grade of the adjacent property, a signed and notarized statement from the adjacent property owners that the proposed fence or wall, as described or shown in an attached exhibit, will not impact their view nor will it restrict light or movement of air and, therefore, they have no objection to the construction of the fence or wall;

2.

Director review of the notarized statement(s) to determine if it adequately represents the adjacent affected property. If such determination is made by the Director, the proposed fence or wall shall be approved through the Administrative Permit process in compliance with Section 130.52.010 (Administrative Permit, Relief, or Waiver) in Article 5 (Planning Permit Processing) of this Title. The Director may require additional notarized statements from neighboring properties if, in his/her opinion, they may be impacted by the fence or wall; and

3.

Issuance of a building permit where required by the applicable Building Code (Title 110—Buildings and Construction, of the County Code of Ordinances).

D.

Agricultural Uses. On lots that are located in the R1A, R2A, R3A, RE, RL, AG, PA, LA, FR, and TPZ zones, agricultural fencing, as defined in Article 8 (Glossary: see "Agricultural Fencing") of this Title, shall be allowed in any setback area provided it does not exceed 14 feet in height.

E.

Retaining Walls. For the purposes of calculating fence or wall height, the height of a retaining wall is included in the calculation if the fence or wall is located on top of or within five feet of the retaining wall. A sloped area, if it exists between the retaining wall and the fence or wall shall be included in the height calculations as noted in Figure 130.30.070.C (Example: Retaining Wall/Fence Measurements) below in this Section.

Figure 130.30.070.C Example: Retaining Wall/Fence Measurements

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F.

Fences shall not be allowed within a road easement or county-maintained right-of-way except as provided below:

1.

Gates and decorative entryways to a non-county maintained road system subject to the requirements under Section 130.30.090 (Gates) below in this Chapter;

2.

In RE, RL, AG, PA, LA, FR, and TPZ zones, agricultural fencing as defined in Article 8 (Glossary: see "Agricultural Fencing") of this Title, may be located within a county-maintained right-of-way or non-county maintained road easement, provided that the fence is located a minimum of five feet outside of all improved areas, including roadside drainage features and cut or fill slopes. When located within a county-maintained right-of-way or non-county maintained road easement, the property owner shall be required to remove or relocate said fence at the time any work or improvements are being made within the right-ofway or at the County's discretion when necessary to ensure the public health, safety, and welfare.

G.

Concertina wire, serpentine wire, barbed wire, razor wire, and other similar fencing materials capable of inflicting significant physical injury shall be prohibited. A Minor Use Permit will be required to allow these materials if it can be demonstrated that

the proposed fencing is reasonably necessary to protect persons or property and will not constitute a safety hazard to members of the public conducting themselves in a lawful manner. In no event shall these fencing materials protrude into or over the public right-of-way. These regulations shall not apply to fencing required by court order, or when being used for animal husbandry and/or grazing operations.

H.

Fences and walls not located within any of the required setback or cross-visibility areas are limited in height only by the building height limitations of the zone in which they are located.

I.

A building permit shall be required, for any fence over seven feet in height, in compliance with Chapter 110.16 (Uniform Building Code) of Title 110 (Buildings and Construction) of the County Code of Ordinances, or as otherwise required by Title 110.

J.

Fences or walls shall not exceed the requirements of this Section unless and until a Minor Use Permit is granted in compliance with Section 130.52.020 (Minor Use Permits) in Article 5 (Planning Permit Processing) of this Title.

K.

Columns, pilasters, and support structures, and the decorative elements thereon associated with a fence or gate located on or within required setbacks may exceed the height limit provided they meet the following criteria:

1.

They do not exceed eight feet in height;

2.

They are not located closer than 16 feet on center;

3.

The fencing materials do not cumulatively exceed the see-through fence standard, where applicable; and

4.

They do not interfere with the cross visibility area (CVA) associated with any street or driveway.

Sec. 130.30.080 - Hillside Development Standards; 30 Percent Slope Restriction.

A.

Content. This Section contains standards to implement General Plan policies applicable to development within hillside areas. This Section regulates disturbance and development on existing lots containing slope gradients 30 percent or greater in all zones, provides for exceptions to allow reasonable use of property, relieve burdens on and promote agricultural production and protect the public health and safety.

Standards applicable to the creation of new lots or modification of existing lots (through the Boundary Line Adjustment process) containing slopes greater than 30 percent are found in the Hillside Land Use Standards of the Design and Improvement Standards Manual (DISM)/Land Development Manual (LDM), or successor document. The standards in this Title and the DISM/LDM, or successor document are provided to supplement other applicable regulations by providing additional planning and design tools to enable creative site planning, meeting the challenges of steep terrain, while minimizing the effects of construction on the hillside.

B.

Applicability; Slope Gradient Calculation. These standards in this Section shall apply to any development that will result in ground disturbance on any portion of an existing lot with a natural gradient of at least 30 percent (30 feet of vertical distance for every 100 feet of horizontal distance) and a vertical height of at least 50 feet.

The calculation of site gradient shall exclude the following:

1.

Artificial slopes created under a permit issued by the County or for which a permit was not required at the time the slopes were created.

2.

Slopes designated as open space or non-building areas in a Specific Plan or Planned Development, or protected through an open space designation, slope easement or other similar covenant.

3.

Areas of a site outside the area proposed for development, grading or other construction activity.

C.

Development Standards Applicable to Slopes 30 Percent or Greater. Development that will result in ground disturbance on slopes 30 percent or greater with a vertical height of 50 feet or more shall be prohibited, except where reasonable use of the property would be denied, as provided in Subsection E (Reasonable Use of Existing Lots or Parcels) below in this Section, or the activity is exempt under Subsection D (Exemptions) below.

Any development allowed on slopes 30 percent or greater shall require a grading or building permit and shall include an erosion and sediment control plan in compliance with the County Grading Design Manual.

Where required by the Grading Design Manual, technical studies from qualified professionals, such as soils or geotechnical reports to assess the erosion potential or slope stability may be required. Recommendations for erosion control or slope stabilization measures contained in the technical reports shall be implemented as a requirement of the grading or building permit. A surety bond, cash deposit or other security acceptable to the County may be required to ensure that long term erosion control measures, such as slope landscaping, are permanently established.

D.

Exemptions. The following types of development are exempt from the provisions of this Section:

1.

Development that will avoid disturbance of slopes 30 percent or greater;

2.

Development on slopes with a gradient of 30 percent or greater and a vertical height of 50 feet or less;

3.

Construction of public or private streets and roads, emergency vehicle access or driveways;

4.

Development approved prior to the adoption of this ordinance which has identified the extent of allowable development. These include approved variances, tentative and final subdivision and parcel maps, planned developments or other actions;

5.

Disturbance of existing artificial slopes created under a permit issued by the County or for which a permit was not required at the time the slopes were created;

6.

Repair of existing infrastructure, or replacement or repair of existing structures in substantially the same footprint;

7.

Disturbance on slopes necessary for public safety, such as removal of poisonous or noxious plants, controlled removal or thinning of vegetation as part of a fire protection program, or other public safety purpose;

8.

Development of a public trail comprising a component of the County's regional parks and trails master plans;

9.

Projects located in the Tahoe Basin. Such projects are subject to the policies and regulations of the TRPA Code of Ordinances;

10.

Underground utilities with accessory above ground components, utility poles and guy wires, and other similar features;

11.

Agricultural activities that utilize best management practices (BMPs), as recommended by the Ag Commission and adopted by the Board.

E.

Reasonable Use of Existing Lots or Parcels. Where reasonable use of an existing lot or parcel would otherwise be denied, development or disturbance of steep slopes is allowed under the reasonable use criteria in this Section. Reasonable use guidelines are applied based on the type of development proposed. The reasonable use criteria in this Title are not applicable to new subdivisions, or to the modification of existing parcels under the Boundary Line Adjustment process. Standards for new subdivisions or modifications of existing parcels are found in the Hillside Development Standards of the Design and Improvement Standards Manual (DISM)/Land Development Manual (LDM), or successor document.

1.

Single Family Residential on Existing Legal Lot. Development on existing, legally created parcels comprised of slopes that have a gradient of 30 percent or greater is allowed if ground disturbance related to development of the primary structure and any accessory structures and uses meets the following criteria:

a.

Minimize Area of Disturbance. The proposed total disturbance area on the parcel, excluding areas for septic systems, domestic water wells and driveways, shall not be greater than the thresholds contained in Table 130.30.080.A (Allowed Disturbance Area for Residential Parcels) below in this Section, based on the parcel size:

Table 130.30.080.A—Allowed Disturbance Area for Residential Parcels

b.

Minimize Grading. Minimize the impact of grading to the extent feasible through measures such as stepped foundations instead of graded pads, configuration of structures and grading to minimize the impact on natural topographic contours, rounding of cut and fill slopes, and the use of retaining walls to reduce the area of disturbance of slopes 30 percent or greater.

2.

Non-Residential and Multi-Family Residential Development on Existing Legal Lots. Lands designated for non-residential and multi-family residential are limited in extent and distribution to a small number of parcels, generally within Community Regions and Rural Centers. Development or disturbance of slopes 30 percent or greater will be allowed where:

a.

The proposed use is consistent with the General Plan and Zone designation for the property;

b.

The development or disturbance will not impair the stability of slopes on the property or on surrounding properties;

c.

The development or disturbance will conform to the requirements of the County Grading Ordinance, including best management practices for erosion and sedimentation control;

d.

Design techniques have been utilized, where feasible, to respect natural contours, including rounding of cut and fill slopes to minimize abrupt edges;

e.

The proposed use complies with the development standards of Subsection C (Development Standards Applicable to Slopes 30 percent or Greater) above in this Section.

3.

Reasonable use determinations for ministerial projects will be made by the Director or Building Official based on the criteria above. The determination of reasonable use for discretionary projects will be made as part of the discretionary review of the proposed project. The reasonable use determination may be appealed in the manner set forth in Section 130.52.090 (Appeals) in Article 5 (Planning Permit Processing) of this Title.

F.

Reasonable Use Criteria for Placement of Septic Systems on Existing Legal Lots or Parcels. General Plan Policy 7.1.2.1 (Erosion/Sedimentation) restricts the placement of septic systems to on steep slopes. Where public or private sewer service is unavailable, septic systems are integral to the development of most structures. Thus, the placement of an effluent disposal field on slopes of 30 percent or greater is considered as part of the reasonable use determination required for the development of parcels with slopes greater than 30 percent.

Septic system components may be located in areas containing slopes greater than 30 percent where alternative locations are not feasible or where the placement would reduce the overall disturbance of slopes. Location of septic system components shall comply with Chapter 110.32 (Private Sewage Disposal Systems) of Title 110 (Buildings and Constructions) of the County Code of Ordinances, and other regulations as determined by the Environmental Management Department. The area of disturbance associated with construction of septic system components is allowed in addition to the reasonable use areas identified above.

The placement of gates across county-maintained rights-of-way shall be prohibited. The following regulations establish a supplemental review and approval procedure for placing gates across non-County-maintained roads or private driveways entering residential and nonresidential development. The regulations in this Section do not apply to gates serving exclusively agricultural uses.

A.

Single- and Multi-unit Residential Development. Single- and multi-unit residential dwellings located on one lot are allowed to construct gates across driveways providing the gates are located a minimum of 20 feet from the edge of pavement, will not swing into a county right-of-way or non-county maintained road or alley, are constructed consistent with applicable fire and building codes, and are in compliance with Subsections D.2 to D.5 (Design Standards for Gated Developments), inclusive, and D.9 ("Anti-directional" devices…) below in this Section.

B.

Nonresidential Development. An Administrative Permit is required, in compliance with Section 130.52.010 (Administrative Permit, Relief, or Waiver) in Article 5 (Planning Permit Processing) of this Title, to establish gates at nonresidential driveway entrances that will prohibit free access/egress to and from the site by either remaining closed during business hours, such as with manned or automatic toll booths, or when being used to prevent public access after close of business. In addition to requirements under Section 130.52.010 (Administrative Permit, Relief, or Waiver), the permit shall be in compliance with Subsections D.1 to D.5 (Design Standards for Gates Developments), inclusive, and D.9 ("Anti-directional" devices at gated entrances…) below in this Section.

C.

Residential Subdivisions. An Administrative Permit shall be required to establish gates across non-county maintained road(s) within a residential subdivision consisting of two or more lots, including condominium developments. An Administrative Permit to establish gates shall not be approved unless the Director finds all of the following:

1.

The gate will not impede public access to a public resource, such as a public park, or interfere with existing or planned traffic circulation patterns; and

2.

The project conforms to the standards of Subsection D (Design Standards for Gates Developments) below in this Section.

D.

Design Standards for Gated Developments. The following standards shall be required in the design of gated developments. Deviation from these standards shall require a Conditional Use Permit in compliance with Section 130.52.021 (Conditional Use Permits) in Article 5 (Planning Permit Processing) of this Title, except where conditions are included in a development plan permit or other project conditions.

1.

All Administrative Permits shall be subject to review by the Department of Transportation and the local fire district.

2.

Design and location of gates shall be consistent with Title 12 (Streets, Sidewalks, and Public Places) of the County Code of Ordinances.

3.

Road widths and gate openings shall conform to the minimum requirements of Title 14 Fire Safe Regulations.

4.

At least one lane in each direction shall provide a minimum of 14 feet of unobstructed vertical clearance.

5.

Gates shall be equipped with an emergency access lock system (approved by the fire department) that shall consist of a padlock in series on manual gates or a key switch on automatic gates. Automatic gates shall also be equipped with a receiver to allow remote activation by emergency vehicles to the satisfaction of the Sheriff's Department and the applicable fire department. Automatic gates shall be equipped with a mechanical release and a loop system to keep the gate open as long as traffic is passing through, and shall be designed to remain in the unlocked position during a power failure.

6.

Gated entrances shall be designed in compliance with the Design and Improvement Standards Manual (DISM)/Land Development Manual (LDM), or successor document as to approach distance between the gate and the road in order to accommodate vehicular stacking, and between the gated entrance and the gate controller to allow vehicles to turn around within the driveway without backing onto the adjacent road.

7.

Where entrance gates will create a dead-end road in excess of 150 feet in length, an area shall be provided along said road to allow fire trucks and equipment to turn around. The gradient of the road shall be level enough to allow for safe parking of the emergency vehicle when it is necessary to exit the vehicle for manual gate activation.

8.

One pedestrian access shall be provided at each gated entrance to a residential or non-residential development. This requirement does not apply to a gate to a single family residence.

9.

"Anti-directional" devices at gated entrances and exits, such as metal spikes that can cause tire damage, are prohibited.

10.

Unless already provided for in the recorded Covenants, Conditions & Restrictions (CC&Rs) for the property or subdivision, a maintenance agreement shall be established and recorded for the gated development. The agreement shall identify, and at all times keep in effect, a legal entity responsible for maintaining the gates and associated features.

(Ord. No. 5241, § 7, 8-19-2025)

Sec. 130.30.100 - Reserved. CHAPTER 130.31. - AFFORDABLE HOUSING DENSITY BONUS