El Dorado County Municipal Code § 130.20.030 Allowable Uses and Planning Permit Requirements

This Chapter contains the County's requirements for the approval of proposed development and new uses. Development Standards and permit requirements established by this Ordinance for specific uses are in Chapters 130.21 (Agricultural, Rural Lands, and Resources Zones) through 130.26 (Meyers Area Plan [MAP] Zone).

Each use and/or structure shall be established, constructed, reconstructed, altered, moved or replaced in compliance with the following requirements.

A. Allowable Use. Only a use allowed by this Ordinance in the zone applied to the site shall be established. The basis for determining whether a use is allowable is described in Section 130.20.030 (Allowable Uses and Planning Permit Requirements) below in this Chapter.

B. Permit and Approval Requirements. Any planning permit or other approval required by Section 130.20.030 (Allowable Uses and Planning Permit Requirements) below in this Chapter shall be obtained before the issuance of any required grading, building, or other construction permit, and before the proposed use is constructed, otherwise established or put into operation, unless the proposed use is listed in Section 130.20.040 (Exemptions from Planning Permit Requirements) below in this Chapter.

C. Development Standards, Conditions of Approval. Each use and structure shall comply with the development standards of this Chapter, applicable standards and requirements in Article 3 (Site Planning and Project Design Standards) and Article 4 (Specific Use Regulations) of this Title, applicable site or design requirements identified in other Board adopted manuals, and/or any applicable conditions imposed by a previously granted planning permit.

D. Legal Lot. The site of a proposed development or new use shall be on a legal lot, as defined in Article 8 (Glossary: See "Legal Lot") of this Title.

———— *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.

A. Allowable Uses. The uses allowed by this Ordinance are listed in Chapters 130.21 (Agricultural, Rural, and Resources Zones) through 130.25 (Special Purpose Zones) below in this Article, together with the type of planning permit required for each use. Each use type listed in the tables is defined in Article 8 (Glossary) of this Title unless otherwise defined within Article 4 (Specific Use Regulations). Chapter 130.26 (Meyers Area Plan [MAP] Zone) below in this Article regarding the Meyers Area Plan has different use type provisions and definitions as set forth in the Tahoe Regional Planning Agency (TRPA) Code of Regulations.

1. Establishment of an Allowable Use.

a. Any use type identified by Chapters 130.21 (Agricultural, Rural, and Resources Zones) through 130.26 (Meyers Area Plan [MAP] Zone) below in this Article as being allowable within a specific zone may be established on any lot within that zone, subject to the planning permit requirements of Subsection B (Planning Permit Requirements) below in this Section, and compliance with all applicable requirements of this Ordinance.

b. Where a single lot is proposed for concurrent development of two or more uses listed in the tables, the overall project shall be subject to the permit level required for each individual use under Subsection B (Planning Permit Requirements) below in this Section. Consolidation of multiple permits into the one permit application may be allowed, subject to Director approval.

2. Use Not Listed.

a. A use that is not listed in Chapters 130.21 (Agricultural, Rural, and Resources Zones) through 130.26 (Meyers Area Plan [MAP] Zone) below in this Article, and is determined by the Director to not be included in Article 8 (Glossary) of this Title under the definition of a listed use, is not allowed within the County, except as otherwise provided in Subsection A.3 below in this Section, or Section 130.20.040 (Exemptions from Planning Permit Requirements) below in this Chapter.

b. A use that is not listed in the tables within a particular zone is not allowed within that zone, except as otherwise provided in Subsection A.3 (Similar and Compatible Uses Allowed) below in this Section, or Section 130.20.040 (Exemptions from Planning Permit Requirements) below in this Chapter.

3. Similar and Compatible Uses Allowed. A use not listed in this Article is allowable where the Director or other approval authority makes the following findings:

a. Required Findings; Similar and Compatible Use. A proposed use not listed in this Article is similar to and compatible with a listed use and shall be allowed where the Director or other approval authority makes all of the following findings:

(1) The characteristics of, and activities associated with the use are similar to one or more of the listed uses, and will not involve a greater intensity than the uses listed in the zone;

(2) The use will be consistent with the purposes of the applicable zone;

(3) The use will be consistent with the General Plan and any applicable specific plan; and

(4) The use will be compatible with the other uses allowed in the zone.

A determination that a use qualifies as a similar and compatible use and the findings supporting the determination shall be in writing. The Zoning Ordinance shall be periodically amended to incorporate those uses not listed in this Article which are found to be similar and compatible.

b. Applicable Standards and Permit Requirements. When the Director determines that a proposed but unlisted use is similar and compatible to a listed use, the proposed use will be treated in the same manner as the listed use in determining where it is allowed, what permits are required, and what other standards and requirements of this Ordinance apply.

c. Referral for Determination. The Director may refer the question of whether a proposed use qualifies as a similar and compatible use directly to the Commission for a determination at a public meeting.

d. Appeal. A determination of similar and compatible use may be appealed in compliance with Section 130.52.090 (Appeals) in Article 5 (Planning Permit Processing) of this Title.

B. Planning Permit Requirements. Chapters 130.21 (Agricultural, Rural, and Resources Zones) through 130.25 (Special Purpose Zones) below in this Article provide for uses that are:

1. Allowed by right subject to compliance with all applicable provisions of this Ordinance. Uses allowed by right are exempt from planning permit requirements. These are shown as "P" in each respective matrix of allowed uses;

2. Allowed subject to approval of an Administrative Permit (Section 130.52.010, Administrative Permit, Relief, or Waiver) in Article 5 (Planning Permit Processing) of this Title, shown as "A" in each respective matrix of allowed uses;

3. Allowed subject to approval of a Temporary Use Permit (Section 130.52.060, Temporary Use Permit) in Article 5 (Planning Permit Processing) of this Title, shown as "TUP" in each respective matrix of allowed uses;

4. Allowed subject to the approval of a Use Permit (Section 130.52.021, Conditional and Minor Use Permits) in Article 5 (Planning Permit Processing) of this Title, and shown as "CUP" or "MUP" in each respective matrix of allowed uses;

5. Not allowed in particular zones, shown as "—" in each respective matrix of allowed uses;

6. Where additional provisions are contained in Article 4 (Specific Use Regulations) of this Title that address the "by right" or permit requirements, the matrix will cross reference the applicable section.

C. Meyers Area Plan Requirements. Chapter 130.26 (Meyers Area Plan [MAP] Zone) below in this Article provides for uses within the Meyers Area Plan and follows the unique permit requirements of Section 130.26.050 (Matrix of Allowed Uses) below in this Article instead of Subsection 130.20.030.B (Planning Permit Requirements) above in this Section.

D. Multiple Permits May Be Required. A use authorized through the approval of an Administrative Permit, Temporary Use Permit, or Conditional/Minor Use Permit may also require a Design Review Permit, building permit, and/or other permit(s) as required by the County Code of Ordinances.

A. General Requirements for Exemption. The uses, structures, and activities identified by Subsection B below in this Section are allowed in any zone and are exempt from the planning permit requirements of this Ordinance when:

1. The use, activity or structure is established and operated in compliance with the setback requirements, height limits, and all other applicable standards of this Article 2 (Zones, Allowed Uses, and Zoning Standards), and Article 3 (Site Planning and Project Design Standards), Article 4 (Specific Use Regulations) and, where applicable, Chapter 130.61 (Nonconforming Uses, Structures, and Lots) in Article 6 (Zoning Ordinance Administration) of this Title; and

2. Any permit or approval required by regulations other than this Ordinance is obtained (for example, a Building Permit).

B. Exempt Activities and Uses. The following are exempt from the planning permit requirements of this Ordinance when in compliance with Subsection A (General Requirements for Exemption) above in this Section.

1. Allowed Uses. Uses identified in Chapters 130.21 (Agricultural, Rural, and Resources Zones) through 130.25 (Special Purpose Zones) below in this Article, inclusive, as allowed by right, shown as "P" in the matrices. Allowed Uses include Accessory Structures and Uses, as defined in Section 130.40.030 (Accessory Structures and Uses) in Article 4 (Specific Use Regulations) of this Title.

2. Agricultural Buildings exempt under County Building Code.

3. Decks, Paths and Driveways. Decks, platforms, on-site paths, and driveways. A building permit or grading permit may be required.

4. Fences and Walls. Except as set forth in Section 130.30.050 (Fences, Walls, and Retaining Walls in Article 3 (Site Planning and Project Design Standards) of this Title).

5. Interior Remodeling. Interior alterations that do not increase the gross floor area of the structure or change the Allowed use of the structure.

6. Repairs and Maintenance.

a. Single-unit Residential Dwellings. Ordinary repairs to and maintenance of single-unit dwellings.

b. Multi-unit Residential Dwellings, and Non-residential Structures. Ordinary repairs to, and maintenance of multi-unit residential and non-residential structures, if:

(1) The work does not change the approved use of the site or structure; or add to, enlarge, or expand the use and/or structure; and

(2) Any exterior repairs employ the same materials and design as the original construction.

7. Small, Portable, Residential Accessory Structures. A single portable structure per lot or unit, including pre-manufactured storage sheds or other small structures in residential zones that are exempt from building permit requirements in compliance with the County Code of Ordinances and the building code. Additional structures may be approved in compliance with Section 130.40.030 (Accessory Structures and Uses) in Article 4 (Specific Use Regulations) of this Title, where allowed by the applicable zone.

8. Solar Collectors. Solar collectors accessory to a building attached to the roof or side of a building provided that the collectors comply with applicable height limit requirements.

9. Spas, Hot Tubs, and Fish Ponds. Portable spas, hot tubs, and constructed fish ponds, and similar equipment and structures that do not:

a. Exceed 120 square feet in total area including equipment;

b. Contain more than 2,000 gallons of water; or

c. Exceed three feet in depth.

10. Utilities. The erection, construction, alteration, or maintenance by a public utility or public agency of utilities intended to service existing or nearby approved developments shall be allowed in any zone. These include: water; gas; electric; wastewater disposal systems; including wires, mains, drains, sewers, pipes, conduits, cables, fire-alarm boxes, police call boxes, traffic signals, hydrants, etc., but not including new transmission lines and related structures. Satellite and wireless communications antennas are not exempt, and are instead subject to Section 130.40.130 (Telecommunication Facilities) in Article 4 (Specific Use Regulations) of this Title.

11. Satellite Dish, Radio and Television Antennas. Non-commercial, receive-only antennas for the sole use of the occupants of a structure provided that these antennas are not located within the front setback or street side setback on a corner lot:

a. A ground or structure-mounted, radio or satellite dish antenna that does not project above the roof ridge line and does not have a diameter greater than one meter (39 inches); and

b. Roof-mounted radio or television aerials not exceeding 75 feet in overall height (building height plus roof-mounted antenna height).

12. Mobile Services. Mobile services as defined in Article 8, Section 130.80.020 (Glossary).

(Ord. No. 5127, § 1, 9-1-2020; Ord. No. 5241, § 16, 8-19-2025)

Requirements for establishing a temporary use (for example, a construction yard, seasonal sales lot, special event, temporary office trailer, etc.) are in Section 130.52.060 (Temporary Use Permit) in Article 5 (Planning Permit Processing) of this Title.