Humboldt County Municipal Code Ch. 1 Table of Contents

Title and Purpose These Zoning Regulations Are to Be Consistent with the Humboldt County General Plan, Including the Local Coastal Program Plans Where the Zoning Regulations Apply Part 4: (Section Reserved for Future Use)

311-4 311-5 311-6 311-6.1 311-6.2 311-7 311-8 311-8.1 311-8.2 311-8.3 311-9 311-10 311-10.1 311-10.2 311-10.3 311-10.4 311-11 Interpreting the Regulations If a Provision Is Unclear Interpreting the Regulations If Provisions Conflict The List of Principal and Combining Zones Which Are Established and Designated by These Regulations Principal Zones Combining Zones Designation and Adoption of Zoning Maps Uncertainties in Zone Boundaries: How to Resolve Streets or Alleys Scale on Map; Determination by Commission Vacated Street or Alley How the Provisions of This Code Relate to Each Other and to Other Provisions of Law Limitations on Land Uses and Structures Use Requirements Height Requirements Area Requirements Duplicate Use of Open Space and Yards Completion of Existing Buildings When the Regulations Change 311-1 Title and Purpose

“Zoning Code,” “Zoning Regulations” and “Code.” (Former Section INL#311-1; CZ#A311-1; Ord. 519, Sec. 101, 5/11/ 65; Ord. 1705, 9/10/85; Amended by Ord. 2214, 6/6/00)

California Public Resources Code. Its purpose is to: (Former Section INL#311-2; CZ#A311-2 (A); Ord. 519, Sec. 101, 102, 5/11/65; Ord. 1705, 9/10/85; Amended by Ord. 2214, 6/6/00) 1.2.1 promote and protect the public health, safety, comfort, convenience and general welfare; 1.2.2 promote sound and orderly development; 1.2.3 assure social and economic stability within the various zones hereby established; 1.2.4 implement the General Plan and Local Coastal program of the County; and 1.2.5 accomplish these objectives with the fewest possible restrictions on freedom of citizen’s use of their property and maximum concern for economic disruption caused by delays and uncertainties inherent in the permit review process.

in full conformity with the provisions of the California Coastal Act (Public Resources Code Section 30000, and following). (Former Section CZ#A311-2 (B) ; Ord. 1705, 9/10/85)

Coastal Development Permit jurisdiction, the regulations contained in this Code will become effective in the Humboldt County Coastal Zone upon certification by the California Coastal Commission pursuant to applicable provisions of State Law and Regulations, including but not limited to Public Resources Code Sections 30513 and 30519, and Section 13544 of Title 14 of the California Code of Regulations, or any successor provisions thereto. (Former Section CZ#A311-2 (C) ; Ord. 1705, 9/10/85) 311-2 These Zoning Regulations Are to Be Consistent with the Humboldt County General Plan, Including the Local Coastal Program Plans It is the intent of the Board of Supervisors that the Regulations contained herein are consistent with and are adequate to implement the policies and designations of all elements of the Humboldt County General Plan, including the Local Coastal Program Plans. If these Zoning Regulations become inconsistent with or inadequate to implement the General Plan by reason of adoption of any Plan amendments, these Regulations shall be amended to be consistent with the amended Plan. All Zoning Regulation amendments shall maintain reasonable compatibility with the adopted General Plan. (Former Section CZ#A311-3; Ord. 1705, 9/10/85; Amended by Ord. 2214, 6/6/00) 311-3 Where the Zoning Regulations Apply These Zoning Regulations shall be applicable to all of the unincorporated areas of Humboldt County. Any development shall conform to all regulations applicable to the zone in which the land is located. (Former Section CZ#A311-4; INL#311-3; Ord. 519, Sec. 101, 102, 5/11/65; Ord. 1705, 9/10/85; Amended by Ord. 2214, 6/6/00) 311-4 Interpreting the Regulations If a Provision Is Unclear

ascertain all relevant facts, consider the ambiguity and interpret the regulations. Interpretations by the Hearing Officer in making a decision on a discretionary permit are subject to appeal, pursuant to Chapter 2, Section 312-2.13, of these regulations. Interpretations by the Director, or designee, in making decisions on zoning clearance certificates are not subject to appeal. However, where the zoning regulations are unclear, a Special Permit may be submitted and processed to a decision for any proposed use or development. (Former Section CZ#A311-5; Ord. 1705, 9/10/85; Amended by Ord. 2214, 6/6/00)

interpretations, which interpretations shall be maintained as public records and shall be referenced to the code section which they interpret. The Director shall, within budget constraints, take action as soon as possible to amend the code and eliminate the ambiguity. (Former Section CZ#A311-5; Ord. 1705, 9/10/85; Amended by Ord. 2214, 6/6/00) 311-5 Interpreting the Regulations If Provisions Conflict

that the minimum requirements of this Code are for the promotion of the public health, safety, comfort, convenience and general welfare. (Former Section CZ#A311-6; Ord. 1705, 9/10/85)

agreement between private parties except as otherwise specified. However, where these Regulations impose any greater requirements or restrictions, including but not limited to the use of buildings or land, the height of buildings, or the requirement for larger open spaces than are imposed or required by other provisions of this Code, or any other government rules and/or regulations, or by any private easements, covenants or agreements, the provisions of these Regulations shall control. (Former Section INL#314-1; CZ#A311-6; Ord. 519, Sec. 401, 5/11/ 65; Ord. 1705, 9/10/85; Amended by Ord. 2214, 6/6/00) 311-6 The List of Principal and Combining Zones Which Are Established and Designated by These Regulations

The principal zones, into which the County of Humboldt shall be divided are as follows: (Former Section INL#313-1; CZ#A311-7; Ord. 1705, 9/10/85; Ord. 1800, Sec. 2, 6/23/87; Amended by Ord. 1842, Sec. 4, 8/16/88; Amended by Ord. 2214, 6/6/00) PRINCIPAL ZONES - COASTAL ZONE DISTRICT DESIGNATION CODE SECTION COMMERCIAL Neighborhood Commercial CN 313-2.1 Commercial General CG 313-2.2 INDUSTRIAL Business Park MB 313-3.1 Light Industrial ML 313-3.2

PRINCIPAL ZONES - COASTAL ZONE DISTRICT DESIGNATION CODE SECTION Industrial General MG 313-3.3 Industrial/Coastal Dependent MC 313-3.4 PUBLIC Public Facility – Urban PF1 313-4.1 Public Facility – Rural PF2 313-4.2 RECREATION AND CONSERVATION Public Recreation PR 313-5.1 Commercial Recreation CR 313-5.2 Coastal Dependent Commercial Recreation CRD 313-5.3 Natural Resources NR 313-5.4 RESIDENTIAL Residential Single Family* RS-5, RS-7.5, RS-10, RS-20, RS-40 313-6.1 Residential Multi-Family** RM 313-6.2 Residential Mixed R2 313-6.3 Rural Residential Agriculture*** RA-1, RA-2, RA-2.5, RA-5, RA-10, RA-20, RA-40 313-6.4 RESOURCE Agriculture Exclusive*** AE-20, AE-40, AE-60, AE-160, AE-600 313-7.1 Commercial Timberland (Coastal) TC 313-7.2

PRINCIPAL ZONES - COASTAL ZONE DISTRICT DESIGNATION CODE SECTION Timber Production Zone TPZ 313-7.3 PRINCIPAL ZONES - INLAND ZONE DISTRICT DESIGNATION CODE SECTION COMMERCIAL Neighborhood Commercial C-1 314-2.1 Community Commercial C-2 314-2.2 Industrial Commercial C-3 314-2.3 Highway Service Commercial CH 314-2.4 INDUSTRIAL Business Park MB 314-3.1 Limited Industrial ML 314-3.2 Heavy Industrial MH 314-3.3 PUBLIC Airport AV 314-4.1 NATURAL HAZARD/FLOOD Design Floodway DF 314-5.1 Flood Plain FP 314-5.2 RESIDENTIAL Residential Suburban RS 314-6.1 Residential One-Family R-1 314-6.2 Residential Two-Family R-2 314-6.3 Residential Multiple Family R-3 314-6.4

PRINCIPAL ZONES - INLAND ZONE DISTRICT DESIGNATION CODE SECTION Apartment Professional R-4 314-6.5 Rural Residential Agricultural RA 314-6.6 RESOURCE Agriculture Exclusive AE 314-7.1 Agriculture General AG 314-7.2 Forestry Recreation FR 314-7.3 Timberland Production TPZ 314-7.4 UNCLASSIFIED Unclassified U 314-8.1

In addition to the principal zones, certain “Combining Zone” regulations are hereby established as follows, and in the sections entitled “Special Area Combining Zones,” in Chapters 3 and 4 of this Code. All uses and development regulations of the Principal Zone shall apply in the Combined Zone except in so far as they are modified or augmented by the uses and regulations set forth in the Combining Zone regulations. (Former Section INL#313-2, 315-1; CZ#A311-7 (B), CZ#A313-44; Ord. 519, Sec. 501, 5/11/65; Ord. 1705, 9/10/85; Ord. 1800, Sec. 4, 6/23/87; Amended by Ord. 2214, 6/6/00) COMBINING ZONES - COASTAL COMBINING ZONE DESIGNATION CODE SECTION Archaeological Resource Area Outside Shelter Cove A 313-16.1 Special Archaeological Resource Area Regulations for Shelter Cove A 313-16.2 Airport Safety Review AP 313-16.3 Beach and Dune Areas B 313-17.1 Coastal Resource Dependent C 313-18.1

COMBINING ZONES - COASTAL COMBINING ZONE DESIGNATION CODE SECTION Design Review D 313-19.1 Coastal Elk Habitat E 313-20.1 Flood Hazard Areas F 313-21.1 Alquist-Priolo Fault Hazard G 313-22.1 Landscape and Design L 313-27.1 Manufactured Home M 313-28.1 Noise Impact N 313-29.1 Offshore Rocks and Rocky Intertidal Areas O 313-30.1 Planned Unit Development P 313-31.1 Qualified Q 313-32.1 Streams and Riparian Corridor Protection R 313-33.1 Development Standard S 313-34.1 Modified Building Standards Including Provision for Manufactured Homes SM 313-34.2 Development Standards Which Are Combined with a Prohibition Against Further Subdivision SX 313-34.3 Development Standards Where Standards in Addition to Minimum Lot Size are Modified SY 313-34.4 Transitional Agricultural Lands T 313-35.1 Vacation Home Rental V 313-37.1 Coastal Wetlands W 313-38.1 No Further Subdivision Allowed X 313-39.1

COMBINING ZONES - COASTAL COMBINING ZONE DESIGNATION CODE SECTION Specified Minimum and Average Lot Sizes Y 313-40.1 COMBINING ZONES - INLAND COMBINING ZONE DESIGNATION CODE SECTION Special Building Site B 314-17 Design Control D 314-19 Flood Hazard Areas F 314-21 Alquist-Priolo Fault Hazard G 314-22.1 Greenway and Open Space GO 314-22.2 Landscaping and Design Control L 314-27 Manufactured Home Development Standard M 314-28 Planned Development P 314-31 Qualified Q 314-32 Recreation R 314-33 Development Standard S 314-34 Development Standard - Standards in Addition to Manufactured Home Building Types are Modified SM 314-34.2 Development Standards - Minimum Lot Size and Minimum Average Lot Size are Both Specified SY 314-34.3 Development Standards Where Standards in Addition to Minimum Lot Size are Modified SZ 314-34.4 Manufactured Home T 314-35.1

COMBINING ZONES - INLAND COMBINING ZONE DESIGNATION CODE SECTION Vacation Home Rental V 314-37.1 Recreation X 314-39.1 Specified Minimum and Average Lot Size Y 314-40.1 No Further Subdivision Allowed Z 314-41.1 311-7 Designation and Adoption of Zoning Maps

on zoning maps which may be adopted or amended as provided in Chapter 2 of this division. (Former Section CZ#A311-8; Ord. 1705, 9/10/85)

subject to all of the requirements of this Code, and shall supersede all maps, notations, references, data and other information which are incorporated or referenced in any prior zoning maps of the County Code. Although the zoning maps and written legal descriptions of property within the County of Humboldt are not included in the text of this Code, they are incorporated herein by reference. (Former Section INL#313-3, INL#313-4; CZ#A311-8, CZ#A311-9; Ord. 519, Sec. 303, 5/11/65; Ord. 1705, 9/10/85; Amended by Ord. 2214, 6/6/00) 311-8 Uncertainties in Zone Boundaries: How to Resolve Where uncertainty exists as to the boundaries of any districts shown on the zoning maps, the Hearing Officer, in reviewing a discretionary permit, shall apply the following rules to resolve such uncertainty: (Former Section INL#313-5; CZ#A311-10; Ord. 519, Sec. 305, 5/11/65; Ord. 1705, 9/10/85; Amended by Ord. 2214, 6/6/00)

Where zoning district boundaries approximately follow lot, alley, or street lines, such lot lines and street and alley centerlines shall be construed as the zone district boundaries unless said boundaries are otherwise indicated. (Former Section INL#313-5(a); CZ#A311-10 (A); Ord. 519, Sec. 305, 5/11/65; Ord. 1705, 9/10/85)

Where the property is indicated on a zoning map or maps as acreage and not subdivided into lots and blocks, or where the zone boundary lines are not approximately street, alley or lot lines, the zone boundary lines on said zoning map or maps shall be determined by scale contained on such map or maps, and where uncertainty exists, the zone boundary line shall be determined by the Planning Commission. In the event property shown as acreage on the zoning map or maps has been or is subsequently subdivided into lots or lot and block arrangement does not conform to that anticipated when the zone boundaries were established, the Planning Commission, after notice to the owners of the property affected thereby, may interpret the zone maps in such a way as to implement the intent and purpose of these regulations and conform to the street, block and lot layout on the ground. Such interpretation shall be by written decision, and thereafter the copies of the zoning maps shall be changed to conform thereto. (Former Section INL#313-5(c); CZ#A311-10 (B); Ord. 519, Sec. 305, 5/11/65; Ord. 1705, 9/10/85; Amended by Ord. 2214, 6/6/00)

Where a public street or alley is officially vacated or abandoned, the property formerly in said street or alley shall be included within the zone district or districts of the adjoining property on either side of said vacated or abandoned street or alley centerline. (Former Section INL#313-5(d); CZ#A311-10(C); Ord. 519, Sec. 305, 5/11/65; Ord. 1705, 9/10/85)

the nearest bank, or if there is no identifiable bank, the stream transition line. (Former Section CZ#A311-10 (D); Ord. 1705, 9/10/85)

watercourse. (Former Section CZ#A311-10 (E); Ord. 1705, 9/10/85)

shall determine the location of the boundary in question, giving due consideration to the location indicated on the Zoning Map and the purposes set forth in the Principal Zone district regulations. (Former Section CZ#A311-10 (F); Ord. 1705, 9/10/85) 311-9 How the Provisions of This Code Relate to Each Other and to Other Provisions of Law

Unless otherwise specifically provided, no provision of these Zoning

Regulations shall be construed as relieving any party to whom a development permit, license, or variance is issued, from any other provision of State or Federal Law or from any provision, ordinance, rule, or regulation of Humboldt County requiring a license, franchise, or permit to accomplish, engage in, carry on or maintain a particular business, enterprise, occupation, transaction or use. (Former Section CZ#A311-11; Ord. 1705, 9/10/85)

If any section, subsection, sentence, clause or

phrase of these regulations is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of these regulations. It is hereby expressly declared that this ordinance and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, adopted, approved and ratified irrespective of the fact that any one (1) or more other sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. (Former Section CZ#A311-12; Ord. 1705, 9/10/85)

These Regulations supersede

the existing zoning regulations, as amended, of the County of Humboldt, for land which lies within the unincorporated areas of the County. If any provisions of these Regulations should be determined to be invalid or inapplicable, the provisions of the most recently adopted pre-existing zoning regulations shall apply. (Former Section CZ#A311-13; Ord. 1705, 9/10/85; Amended by Ord. 2214, 6/6/00)

conducted, constructed, erected, or maintained in violation of any Federal, State or Humboldt County ordinance. Insofar as the provisions of these regulations impose the same regulations as those imposed by existing zoning regulations, this ordinance shall be construed as a continuation of said regulations and not as a new enactment. (Former Section CZ#A311-13; Ord. 1705, 9/10/85) 311-10 Limitations on Land Uses and Structures Except as otherwise specifically provided in this Code:

No building or part thereof or other structure shall be erected, altered, added to or enlarged, nor shall any land, building, structure or premises be used, designated or intended to be used for any purpose or in any manner other than is included among the uses hereinafter listed as permitted in the zone in which such buildings, land or premises is located. (Former Section INL#313-7(a); Ord. 519, Sec. 307, 5/11/65; Amended by Ord. 2214, 6/6/00)

No building or part thereof or structure shall be erected, reconstructed or structurally altered to exceed in height the limit hereinafter designated for the zone in which such building is located except as otherwise specifically provided in this Code. (Former Section INL#313-7(b); Ord. 519, Sec. 307, 5/11/65; Amended by Ord. 2214, 6/6/00)

No building or part thereof or structure shall be erected nor shall any existing building be altered, enlarged or rebuilt or moved into any zone, nor shall any open space be encroached upon or reduced in any manner, except in conformity to the yard, building site area, and building location regulations hereinafter designated for the zone in which such building or open space is located. (Former Section INL#313-7(c); Ord. 519, Sec. 307, 5/11/65; Amended by Ord. 2214, 6/6/00)

No yard or other spaces provided about any buildings for the purpose of complying with provisions of this division shall be considered as providing a yard or open space for any other building, and no yard or other open space on one building site shall be considered as providing a yard or open space for a building on any other building site unless specifically permitted elsewhere in this Code. (Former Section INL#313-7(d); Ord. 519, Sec. 307, 5/11/65; Amended by Ord. 2214, 6/6/00) 311-11 Completion of Existing Buildings When the Regulations Change

structure for which a Coastal Development Permit has been issued by the Coastal Commission, or to any permit issued by the County prior to the effective date of these Regulations or any amendment of these regulations, provided that actual construction of such building or structure is commenced within 120 days after the date of issuance of the permit, and is completed within one (1) year from the effective date of such adoption or amendment. (Former Section CZ#A311-14; Ord. 1705, 9/10/85; Amended by Ord. 2214, 6/6/00)

position, fastened in a permanent manner, except that where a basement is being excavated such excavation shall be deemed to be actual construction, or where demolition or removal of an existing structure has begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction. (Former Section CZ#A311-14; Ord. 1705, 9/10/85) 312-1 312-1.1 312-1.2 312-1.3 312-2 312-2.1 312-2.2 312-2.3 312-2.4 312-2.5 312-3 312-3.1 312-3.2