Article V — VARIANCE PROCEDURE

The variance criteria set forth in this section of the chapter are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this chapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.

The long term, goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. These variance guidelines provided in this chapter are more detailed and contain multiple provisions that must be met before a variance can be properly granted.

The issuance of a variance is for floodplain management purposes only. Insurance premium rates are determined by statute according to actuarial risk and will not be modified by the granting of a variance.

(Ord. No. 340, Exh. A, 12-9-2008)

A.

Variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of articles III and IV of this chapter have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

B.

Variances may be issued for the repair or rehabilitation of "Historic structures" (as defined in section 18.71.050 of this chapter) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

C.

Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.

D.

Variances shall only be issued upon a determination that the variance is the "minimum necessary" considering the flood hazard, to afford relief. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this chapter. For example, in the case of variances to an elevation requirement, this means the Modoc County Planning Commission need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the Modoc County Planning Commission believes will both provide relief and preserve the integrity of the local ordinance.

E.

Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that:

1.

The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars for one hundred dollars of insurance coverage; and

2.

Such construction below the base flood level increases risks to life and property. It is recommended that a copy of the notice shall be recorded by the floodplain administrator in the Office of the Modoc County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

F.

The floodplain administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency.

(Ord. No. 340, Exh. A, 12-9-2008)

A.

In passing upon requests for variances, the Modoc County Planning Commission shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and the:

1.

Danger that materials may be swept onto other lands to the injury of others;

2.

Danger of life and property due to flooding or erosion damage;

3.

Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property;

4.

Importance of the services provided by the proposed facility to the community;

5.

Necessity to the facility of a waterfront location, where applicable;

6.

Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

7.

Compatibility of the proposed use with existing and anticipated development;

8.

Relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

9.

Safety of access to the property in time of flood for ordinary and emergency vehicles;

10.

Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and

11.

Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges.

B.

Variances shall only be issued upon a:

Showing of good and sufficient cause;

2.

Determination that failure to grant the variance would result in exceptional "hardship" to the applicant; and

3.

Determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance (see "Public safety and nuisance"), cause "fraud and victimization" of the public, or conflict with existing local laws or ordinances.

C.

Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of subsections 18.71.250A. through D. are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance.

D.

Upon consideration of the factors of subsection 18.71.240A. and the purposes of this chapter, the Modoc County Planning Commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

(Ord. No. 340, Exh. A, 12-9-2008)

Chapter 18.74 - ENVIRONMENTAL PROTECTION (EP) ZONE

Sections:

The EP zone is an overlay zone and is intended to be applied in combination with specified zones for the purpose of protecting and conserving wildlife habitat, environmentally sensitive areas, or other environmental resources while providing options for development on those portions of property that are less sensitive, provided there are no conflicts with the general plan. The EP zone may also be applied to protect the health, safety, and welfare of the public by restricting development in areas with environmental hazards. The EP zone is supported by the M zone.

(Ord. 236-73 Exh. A(part), 1991)

The regulations set out in this chapter shall apply in all EP zones, and shall provide for the modification of the minimum lot size regulations and densities of the principal zone which it overlays as specified in this

chapter. The EP zone may be applied in combination with the LI, LIC, AE, RC, OFG, RR, and AG zones, for the express purposes of environmental protection or protection of the public from environmental hazards as described in Section 18.74.010. The M zone shall also be applied in areas to which the EP zone is applied.

(Ord. 236-73 Exh. A(part), 1991)

The following criteria shall apply to the establishment of the EP zone:

A.

The area proposed for restricted development shall include the environmentally sensitive or hazardous area, and must encompass at least twenty acres. Land proposed for development restriction must have environmental value or encompass a hazard.

B.

The minimum lot size in the subject principal zone shall establish the average density, meaning either parcels or dwelling units. The number of parcels or dwelling units that may be proposed for development shall not exceed the total number of acres proposed for inclusion in the EP zone divided by the average density, except as provided in Section 18.74.040.

C.

The minimum lot size in the area proposed for development shall be not less than the carrying capacity of the land when all environmental factors are considered and mitigated below a significant level, nor less than one acre.

D.

When any lot proposed in the EP zone is less than three acres, public water or public sewer shall be available and utilized. Except, an exemption from the requirement of this subsection may be granted by the planning commission, acting upon a finding by the county health officer that a lesser size is adequate to accommodate the proposed water system and sewage disposal system without endangering the health of any person or the environment.

E.

The M zone shall be applied to all areas proposed to be zoned EP, including the development area and restricted development area, wherein future division shall be prohibited or restricted upon application of the M zone. When the proposal consists of multiple dwelling units instead of individual lots, the appropriate application must also be approved in order to allow a multiple dwelling unit project.

F.

When the county determines it to be in the public interest it may require, as a condition of land use entitlement, that notice of the establishment of the EP zone and M zone be recorded in the office of the county recorder in reference to the subject property.

G.

Development in the EP zone shall be consistent with the policies and provisions of the general plan and any applicable specific plan.

(Ord. 236-73 Exh. A(part), 1991)

Editor's note— Ord. No. 236-146, adopted Dec. 12, 2017, repealed former § 18.74.040 which pertained to density bonus, and derived from Ord. No. 236-73, adopted in 1991.

A.

Application: In addition to the application requirements in Chapter 18.134, an application for an amendment to apply the EP zone shall identify the nature and location of the environmental resource or constraint which makes the property eligible for inclusion in the EP zone, the location and number of acres proposed for development and restricted development, and a request to apply the M zone to the property proposed to be included in the EP zone. If the proposal consists of a multiple dwelling unit project instead of the division of individual lots then an application for a use permit shall also be required.

B.

Finding for approval: In addition to the requirements in Chapter 18.134, the board of supervisors shall make a written finding establishing the necessity for the protection of the specified environmental resource or protection of the public from an environmental hazard.

(Ord. 236-73 Exh. A(part), 1991)

Chapter 18.78 - MIGRATION PROTECTION (MP) ZONE

Sections:

The MP zone is an overlay zone and is intended to be applied in combination with other zones to protect key antelope migration routes, antelope migration corridors, and deer migration corridors by limiting encroachments by new structures and uses, subdivision, and other development, provided there are no conflicts with the general plan.

(Ord. 236-73 Exh. A(part), 1991)

The regulations set out in this chapter shall apply in all MP zones.

(Ord. 236-73 Exh. A(part), 1991)

18.78.030 - Restriction determination.

A.

When an application for development in the MP zone is received by the planning department, the planning director shall determine whether the regulations in this chapter apply to the proposed development. The applicant shall supply information regarding the characteristics of the subject property as required by the director for the purpose of making a determination. If the boundary of the MP zone in relation to the proposed development is uncertain, an on-site visit shall be conducted including the director or designee, applicant or agent, and representative from the State Department of Fish and Game.

B.

The determination by the director may be appealed to the planning commission as provided in Chapter 18.120, or may be processed with a project application.

(Ord. 236-73 Exh. A(part), 1991)

18.78.040 - Development standards.

In the MP zone, the following standards and limitations shall apply:

A.

The configuration of the MP may be varied in response to site-specific conditions. Generally the EP zone shall be situated to form a continuous corridor. When a migration route can be specifically identified, the EP zone is generally a maximum one-quarter mile wide area along each side of the migration route.

B.

The design, improvement, and location of development requiring a land use entitlement or building permit, including new building sites, structures, uses, and increased human activity, shall be consistent with the intent to minimize encroachment on and interference with key antelope migration routes, antelope migration corridors, or deer migration corridors within the MP zone.

C.

The modification, enlargement, or change of use of a building or developed site which is legally existing at the time the MP zone is applied and which does not substantially increase encroachment or intense human activity within the MP zone shall be exempt from the provisions of this chapter.

D.

When fencing is required or regulated as a condition of approval of a subdivision, use permit, or other land use entitlement, such fencing may be required to conform to antelope fencing specifications. Otherwise, existing fences, including the reconstruction, modification, relocation, or placement of new fencing, shall be exempt from the provisions of this chapter.

E.

When the county determines it to be in the public interest, it may require, as a condition of a land use entitlement approval, that notice of the establishment of the MP zone be recorded in the office of the county recorder in reference to the subject property.

(Ord. 236-73 Exh. A(part), 1991)

An exception from the provisions of Section 18.78.040 may be granted by the body making determinations on a land use entitlement if it makes a written finding that either the conditions in subsections A, B and C of this section exist, or that the condition in subsection D of this section exists.

A.

The natural and man-made characteristics of the project site and its development will not cause impediments to the ability of the migrating animals to vary their migration route through the subject area, and the integrity and continuity of the key antelope migration route will not be compromised.

B.

The approval of the proposed development in the MP zone will not compromise the objectives and purposes of the general plan, any applicable specific plan, and this chapter.

C.

The physical characteristics of the subject property are unique and are not generally applicable to other land in the MP zone which is traversed by the same key antelope migration route as the subject property.

D.

Strict adherence to the provisions of the MP zone would prohibit or substantially prohibit all permitted uses in the principal zone which it overlays, particularly because the subject property is substantially located within the MP zone or constraints exist to development of the subject property located outside the MP zone.

(Ord. 236-73 Exh. A(part), 1991)

Chapter 18.82 - MINIMUM LOT SIZE (M) ZONE

Sections:

The M zone is an overlay zone and is intended to be applied in combination with other zones for the purpose of protecting resources, reducing environmental impacts and preserving the character of a particular area, through the restriction of subdivision.

(Ord. 236-73 Exh. A(part), 1991)

The regulations in this chapter shall apply in all M zones, in addition to the regulations in the principal zone which the M zone overlays provided that the M zone shall specify the minimum lot size in lieu of that designated for the zone which it overlays.

(Ord. 236-73 Exh. A(part), 1991)

In an M zone, the minimum lot size shall be the size of the property to which the M zone is applied; or alternatively, the minimum lot size shall be designated upon application of the M zone such that M-20 shall designate a twenty acre minimum lot size. Notwithstanding any other provision in this title, any lot or parcel in the M zone may be increased in size through a lot line adjustment or merger when necessary for health, welfare or safety reasons.

(Ord. 236-73 Exh. A(part), 1991)

Chapter 18.86 - ANIMAL RESTRICTIONS (AR) ZONE

Sections:

The AR zone is an overlay zone and is intended to be applied in combination with other zones for the purpose of protecting the public health, safety, welfare, comfort, and convenience by restricting the keeping of animals in areas reserved for medium or high density residential uses. The AR zone may also be applied in other situations or areas where uses or densities may not be compatible with more permissive animal controls.

(Ord. 236-73 Exh. A(part), 1991)

The regulations set out in this chapter shall apply in all AR zones, and shall by this reference apply in all areas to which the RH zone is applied. The regulations set forth in this chapter governing the keeping of animals shall apply to the following uses:

A.

The keeping of all animals, except dogs, cats, or other common domestic pets, except as provided under subsection C of this section. For the purposes of this zone, animal-keeping includes housing, stabling, or feeding of animals, whether on a full-time, part-time, occasional, or temporary basis.

B.

When the circumstances of the property do not allow animal-keeping, the regulations in this chapter shall not preclude the use of the property for limited periods of time in any one day for the grooming, riding,

training, or similar activities involving animals under the ownership of persons owning, renting, or leasing the subject property, provided such use shall not create a nuisance.

C.

Notwithstanding subsection A of this section, the keeping of dogs, cats, or other common domestic pets shall not create a nuisance and shall be subject to the provisions of Sections 18.86.050 through 18.86.070 of this chapter.

D.

The use of property for the purposes and uses described in subsections A, B and C of this section may be vacated, pursuant to Section 18.86.070.

(Ord. 236-73 Exh. A(part), 1991)

For the purpose of complying with Section 18.86.040, the following criteria shall apply to the lot size determination:

A.

All areas included in public use roads or road easements shall be excluded.

B.

The area included shall consist of a contiguous area with a minimum width of at least fifty feet. For the purposes of this section, portions of the subject property shall not be deemed "contiguous" if separated by public use roads or road easements, railroad rights-of-way, natural or man-made watercourses, or other impediments which cause a barrier between portions of the property.

C.

All contiguous land under the legal ownership, lease, or rent by the same person may be included.

(Ord. 236-73 Exh. A(part), 1991)

A.

One adult horse, steer, cow, mule, or similar size animal shall require a minimum lot size of one acre. Each additional adult horse, steer, cow, mule, or similar size animal shall require an additional ten thousand square feet. The offspring borne to each adult animal on the subject property shall be allowed until the age of six months. In connection with the keeping of animals as provided in this subsection, an enclosure shall be required as follows: An area approximately fifty feet by fifty feet, excluding structures, shall be required for the keeping of one adult horse, steer, cow, mule, or similar size animal. The enclosure area shall be doubled for each additional adult animal allowed by this subsection. The keeping of animals as provided in

this subsection shall extend only to animals under the ownership of persons owning, renting, or leasing the subject property.

B.

One adult goat, swine, sheep, or similar size animal shall require a minimum lot size of ten thousand square feet. Each additional adult goat, swine, sheep, or similar size animal shall require an additional five thousand square feet. The number of young, under six months of age, shall not exceed one litter or brood borne to each adult animal on the subject property. In connection with the keeping of animals as provided in this subsection, an enclosure shall be required as follows: An area approximately twenty-five feet by twenty-five feet, excluding structures, shall be required for the keeping of not more than two goats, swine, sheep, or similar size animal. The enclosure area shall be increased by an area of approximately twenty-five feet by twenty-five feet for each additional adult animal allowed by this subsection.

C.

One adult turkey, chicken, duck, goose, rabbit, or similar size animal shall require a minimum lot size of five thousand square feet, provided that when the minimum lot size requirement is met, the keeping of not more than five adult turkeys, chickens, ducks, geese, rabbit, or similar size animals shall be permitted. Each additional adult turkey, chicken, duck, goose, rabbit, or similar size animal shall require an additional five hundred square feet. The number of young, under six months of age, shall not exceed one litter or brood borne to each adult animal on the subject property.

D.

Snakes, reptiles, or wild or exotic animals, or any other animal which is not normally domesticated in the State of California shall be regulated as provided in this subsection and pursuant to the animal restrictions in this chapter. Animals which are similar in size to the classes of animals set forth in this section shall be regulated in the number set forth for such similar animals in this section. The maximum number of other animals regulated by this subsection which do not fall within the size classes in this section shall be five, except that the keeping of bees shall not be allowed in the RH zone. Such other animals shall be kept caged at all times.

(Ord. 236-73 Exh. A(part), 1991)

No enclosure, corral, barn, stable, coop, or similar accessory structure used or intended to be used for animal shelter or feeding, or the storage of feed, or in conjunction with the keeping of animals regulated by this chapter shall be placed or erected less than one hundred feet from any well, unless a lesser distance is approved by the health department in individual cases. The yard regulations in Section 18.110.050 shall also apply.

(Ord. 236-73 Exh. A(part), 1991)

The keeping of every animal regulated by this chapter shall be in a manner which does not cause a nuisance resulting from any of the conditions set forth in this section. The provisions of Section 18.86.070 shall apply when a nuisance is alleged to exist.

A.

The accumulation of manure or urine, improper storage or use of feed, neglect of animals, or other improper maintenance of the property in connection with the keeping of animals which causes odors, vectors, or other nuisance conditions; or

B.

Eyesore conditions due to the disrepair of structures in connection with the keeping of animals; or

C.

The degradation of water resources or pollution of any property caused by unhealthy conditions or runoff; or

D.

Any other practice causing any condition which otherwise poses a health hazard or a physical danger to the public, or interferes with the comfortable enjoyment of property in the vicinity.

(Ord. 236-73 Exh. A(part), 1991)

The use of property for the purposes described in subsections A and B of Section 18.86.060 in a manner which causes a nuisance is unlawful. Nuisance complaints may be pursued as specified in this section.

A.

A written complaint that a nuisance is alleged to exist, describing in detail the nature of the nuisance, may be filed with the planning department by any person.

B.

Upon presentation of such written complaint, the planning commission shall hold a hearing at its next regular meeting, after due notice, to determine the merit of the complaint. Notice of hearing shall be as provided in Section 18.140.050.

C.

When the planning commission determines a nuisance exists, the keeping of any animal which constitutes a legal use under the provisions of this chapter shall not be vacated by the planning commission on the first offense by the same property owner; but instead, the primary remedy shall be the correction of such nuisance condition in the manner and within the time period imposed by the commission. If the requirements imposed by the commission are not complied with, the continuation of the nuisance shall constitute a violation of this title, and the commission may, upon its own motion, place the item on the

agenda for further consideration after due notice, and may as an additional remedy require the removal of the animal(s) which are the cause of the nuisance conditions which continue to exist.

D.

The decision of the commission may be appealed to the board of supervisors as provided in Chapter 144. Notice shall be given as provided in Section 18.140.050.

(Ord. 236-73 Exh. A(part), 1991)

Chapter 18.90 - AIRPORT HAZARD (AH) ZONE

Sections:

This chapter is adopted pursuant to the authority conferred by the California State Airport Approaches Zoning Law. It is hereby found that an airport hazard endangers the lives and property of users of the airports referenced in this chapter, and property or occupants of land in its vicinity, and also, if of the obstruction type, in effect reduces the size of the area available for the landing, takeoff, and maneuvering of aircraft, thus tending to destroy or impair the utility of the airports referenced in this chapter and the public investment therein. Accordingly, it is declared that:

A.

The creation or establishment of an airport hazard is a public nuisance and an injury to the region served by the airports referenced in this chapter.

B.

It is necessary, in the interest of the public health, public safety, and general welfare, that the creation or establishment of airport hazards be prevented; and

C.

The prevention of these hazards should be accomplished, to the extent legally possible, by the exercise of the police power without compensation.

D.

The prevention of the creation or establishment of airport hazards and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards are public purposes for which the county may raise and expend public funds and acquire land or interests in land.

(Ord. 236-73 Exh. A(part), 1991)

The words and phrases in this section shall have the designated meanings in this chapter, unless the context otherwise requires:

A.

"Airport" means any of the following: Adin Airport, Alturas Airport, California Pines Community Services District Airport, Cedarville Airport, Eagleville Airport, Fort Bidwell Airport, Tulelake Airport.

B.

"Airport hazard" means any structure, tree, or use of land, which obstructs the airspace required for the flight of aircraft in landing or taking off at the airport, or which is otherwise hazardous to such landing or taking off of aircraft.

C.

"Airport zoning commission" means a commission consisting of the members of the county planning commission.

D.

"Landing area" means the area of the airport used for the landing, takeoff, or taxiing of aircraft.

E.

"Nonconforming use" means any structure, tree, or use of land which does not conform to a regulation prescribed in this chapter or an amendment thereto, as of the effective date of such regulation.

F.

"Person" means any individual, firm, copartnership, corporation, company, association, joint stock association, city, county, or district, and includes any trustee, receiver, or assigns.

G.

"Structures" means any object constructed or installed by man, including but not limited to buildings, towers, smokestacks, and overhead lines.

H.

"Tree" means any object of natural growth.

(Ord. 236-73 Exh. A(part), 1991)

In order to carry out the purposes of this chapter, there are created and established airport hazard zones which include all of the land lying within the approach zones, transitional zones, horizontal zones, and conical zones as they apply to each particular airport. Such zones are shown on the airport zoning map or maps for each airport referenced in this chapter. The airport zoning maps are incorporated in this title by reference as if set forth in full, subject to amendments pursuant to Chapter 18.134 and State law. The

department of public works shall recommend revisions to the airport zoning maps as required to comply with applicable laws.

(Ord. 236-73 Exh. A(part), 1991)

A.

Except as otherwise provided, no structure or tree shall be erected, altered, maintained, or allowed to grow in any AH zone, including each approach zone, transitional zone, horizontal zone, or conical zone, to a height in excess of the height limit established in this chapter for each zone.

B.

For the purposes of determining the height limits referenced in this section and chapter, the United States Coast and Geodetic Survey has established the official elevation references of the airports referenced in this chapter, and all height limits are established with reference to the official elevations, as set forth in Sections 18.90.050 through 18.90.110.

(Ord. 236-73 Exh. A(part), 1991)

The following official elevation reference and height limits are established in the AH zone-Adin Airport:

A.

Official elevation reference, four thousand two hundred twenty-eight feet;

B.

Horizontal zone, one hundred fifty feet;

C.

Conical zone, one hundred fifty feet at the inner perimeter and increasing in height at the ratio of 20:1 to the outer perimeter;

D.

Runway approach zones 09 and 27, as designated on Adin Airport zoning map, shall not exceed a height greater than permitted by a 20:1 glide slope, and continuing to an intersection with the horizontal surface;

E.

Transition zones, the height to be determined within the boundaries of the transition zone by reference to the Adin Airport zoning map, at a ratio of 7:1, commencing at the boundary of the landing area.

(Ord. 236-73 Exh. A(part), 1991)

The following official elevation reference and height limits are established in the AH zone-Alturas Airport:

A.

Official elevation reference, four thousand three hundred seventy-five feet;

B.

Horizontal zone, one hundred fifty feet above established airport elevation, or at four thousand five hundred twenty-five feet;

C.

Conical zone, one hundred fifty feet at the inner perimeter and increasing in height at the ratio of 20:1 for four thousand feet to the outer perimeter, or at four thousand five hundred twenty-five feet at the inner perimeter increasing in height at the ratio of 20:1 for four thousand feet to the outer perimeter at four thousand seven hundred twenty-five feet;

D.

Runway approach zones 03, 13, 21, and 31, as designated on the Alturas Airport zoning map, shall not exceed a height greater than permitted by a 20:1 glide slope, and continuing to an intersection with the horizontal surface;

E.

Transition zone, the height to be determined within the boundaries of the transition zone by reference to the Alturas Airport zoning map, at a ratio of 7:1, commencing at the boundary of the primary surface.

(Ord. 236-73 Exh. A(part), 1991)

The following official elevation reference and height limits are established in the AH zone-California Pines Community Services District Airport:

A.

Official elevation reference, none;

B.

Primary zone. A surface longitudinally centered on a runway, one hundred twenty-five feet on each side of the centerline and extended two hundred feet beyond each end of that runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline;

C.

Visual approach zone. A surface longitudinally centered on the extended runway centerline 5 and 23, as designated on the Californian Pines Community Services District Airport zoning map, and extending outward and upward from each end of the primary surface. The inner edge of this approach coincides with the width (two hundred fifty feet) of each primary surface, and extends outward at a 10:1 flare on each side, and upward at a 20:1 slope to its intersection with the horizontal surface;

D.

Horizontal zone. A horizontal plane one hundred fifty feet above established airport elevation, or at four thousand five hundred forty-five feet, the perimeter of which is established by swing arcs of five-thousandfoot radii from the center of each end of the primary surface at each end of the runway, and connecting the adjacent arcs by lines tangent to those arcs;

E.

Conical zone. A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20:1 for a distance of four thousand feet, and a height of three hundred fifty feet above the airport elevation, or at four thousand seven hundred forty-five feet;

F.

Transition zones. These surfaces extend outward and upward at right angles to the runway centerline and the runway centerline extended at a slope of 7:1, from the sides of the primary surface and from the sides of the approach surfaces, to where they intersect the horizontal and conical surfaces.

(Ord. 236-73 Exh. A(part), 1991)

The following official elevation reference and height limits are established in the AH zone-Cedarville Airport:

A.

Official elevation reference, four thousand six hundred twenty-three feet;

B.

Horizontal zone, one hundred fifty feet above established airport elevation, or at four thousand seven hundred seventy-three feet;

C.

Conical zone, at one hundred fifty feet at the inner perimeter, and increasing in height at the ratio of 20:1 for four thousand feet to the outer perimeter, or at four thousand seven hundred seventy-three feet at the inner perimeter, increasing in height at the ratio of 20:1 for four thousand feet to the outer perimeter at four thousand nine hundred seventy-three feet;

D.

Runway approach zones 01 and 19 as designated on the Cedarville Airport zoning map shall not exceed a height greater than permitted by a 20:1 glide slope, and continuing to an intersection with the horizontal surface;

E.

Transition zones, the height to be determined within the boundaries of the transition zone by reference to the Cedarville Airport zoning map at a ratio of 7:1, commencing at the boundary of the primary surface;

F.

For additional runways, Runway approach zones 06 and 24, as designated on the Cedarville Airport zoning map, shall not exceed a height greater than permitted by a 20:1 glide slope, and continuing to an intersection with the horizontal surface.

(Ord. 236-73 Exh. A(part), 1991)

The following official elevation reference and height limits are established in the AH zone-Eagleville Airport:

A.

Official elevation reference, four thousand four hundred ninety-seven feet;

B.

Horizontal zone, one hundred fifty feet above established airport elevation, or at four thousand six hundred forty-seven feet;

C.

Conical zone, one hundred fifty feet at the inner perimeter, elevation four thousand six hundred forty-seven feet, and increasing in height at a 20:1 ratio for four thousand feet to the outer perimeter, elevation four thousand eight hundred forty seven feet;

D.

Runway approach zones 18 and 36 as designated on the Eagleville Airport zoning map shall not exceed a height greater than permitted by a 20:1 glide slope, and continuing to an intersection with the horizontal surface;

E.

Transition zones, the height to be determined within the boundaries of the transition zone by reference to the Eagleville Airport zoning map at the ratio of 7:1, commencing at the boundary of the primary surface;

F.

For additional runways, runway approach zone, and as designed in the Eagleville Airport zoning map, shall not exceed a height greater than permitted by a 20:1 glide slope, and continuing to an intersection with the

horizontal surface.

(Ord. 236-73 Exh. A(part), 1991)

The following official elevation reference and height limits are established in the AH zone-Fort Bidwell Airport:

A.

Official elevation reference, four thousand six hundred two feet;

B.

Horizontal zone, one hundred fifty feet above established airport elevation, or at four thousand seven hundred fifty-two feet;

C.

Conical zone, one hundred fifty feet at the inner perimeter, and increasing in height at the ratio of 20:1 for four thousand feet to the outer perimeter, or at four thousand seven hundred fifty-two feet at the inner perimeter and increasing in height at the ratio of 20:1 for four thousand feet to the outer perimeter at four thousand nine hundred fifty-two feet;

D.

Runway approach zones 16 and 24 as designated on the Fort Bidwell Airport zoning map shall not exceed a height greater than permitted by a 20:1 glide slope, and continuing to an intersection with the horizontal surface;

E.

Transition zones, the height to be determined within the boundaries of the transition zone by reference to the Fort Bidwell Airport zoning map at a ratio of 7:1, commencing at the boundary of the primary surface.

(Ord. 236-73 Exh. A(part), 1991)

The following official elevation reference and height limits are established in the AH zone-Tulelake Airport:

A.

Official elevation reference, four thousand forty-eight feet;

B.

Horizontal zone, one hundred fifty feet above established airport elevation, or at four thousand one hundred ninety-eight feet;

C.

Conical zone, one hundred fifty feet at the inner perimeter, and increasing in height at the ratio of 20:1 for four thousand feet to the outer perimeter, or at four thousand one hundred ninety-eight feet at the inner perimeter, increasing in height at the ratio of 20:1 for four thousand feet to the outer perimeter at four thousand three hundred ninety-eight feet;

D.

Runway approach zones 11 and 29 as designated on the Tulelake Airport zoning map shall not exceed a height greater than permitted by a 20:1 glide slope, and continuing to an intersection with the horizontal surface;

E.

Transition zone, the height to be determined within the boundaries of the transition zone by reference to the Tulelake Airport zoning map at a ratio of 7:1, commencing at the boundary of the primary surface.

(Ord. 236-73 Exh. A(part), 1991)

No use shall be made of land within any AH zone including any approach zone, horizontal zone, conical zone, or transition zone, in such a manner as to create an electrical interference with radio communication between the airport and aircraft, making it difficult for pilots to distinguish between airport lights and other lights, resulting in glare in the eyes of the pilots using the airport, impairing visibility in the vicinity of the airport, or otherwise endangering the landing, takeoff, or maneuvering of aircraft.

(Ord. 236-73 Exh. A(part), 1991)

A.

The regulations prescribed by this chapter shall not be construed to require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of these regulations, or otherwise interfere with the continuance of any nonconforming use. Nothing contained in this chapter shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to the effective date of airport zoning regulations and is diligently pursued and completed within a reasonable time.

B.

Notwithstanding subsection A of this section, the owner of any existing nonconforming structure or tree may be required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the county to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport hazards. Such markers and lights shall be installed, operated, and maintained at the expense of the county.

(Ord. 236-73 Exh. A(part), 1991)

A.

Nonconforming uses: Before any nonconforming structure or tree may be replaced, substantially altered or repaired, rebuilt, allowed to grow higher, or replanted, a permit must be secured from the planning commission. No permit shall be granted that would allow the establishment or creation of an airport hazard, or permit a nonconforming structure or tree or nonconforming use to be made or become higher or become a greater hazard to air navigation than it was on the effective date of airport zoning regulations or any amendments thereto, or than it is when the application for a permit is made. Except as provided in this title, all applications for such permits shall be granted. No such permit shall be required to make maintenance repairs to or to replace parts of existing structures which do not enlarge or increase the height of the existing structure. Application for such permits shall be made and processed in the same manner as an application for a variance pursuant to Chapter 18.132.

B.

Variances: Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or used his property in violation of airport zoning regulations adopted under this chapter, may apply to the planning commission for a variance from such regulations. Such variances shall be allowed where it is found that a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship, and the relief granted would not be contrary to the public interest but will do substantial justice, and be in accordance with the spirit of this chapter; provided that any variance may be allowed subject to reasonable conditions necessary to effectuate the purpose of this chapter.

C.

Conditions: Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this chapter and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to permit the county, at the expense of the permittee to install, operate, and maintain thereon such markers and lights as may be necessary to indicate to pilots the presence of any airport hazard.

(Ord. 236-73 Exh. A(part), 1991)

Where there exists a conflict between any regulations or limitations set out in this chapter and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, the use of land, or any other matter, the more stringent regulation or limitation shall apply.

(Ord. 236-73 Exh. A(part), 1991)

Every violation of this chapter is declared a public nuisance and the provisions in Chapter 18.158 shall apply.

(Ord. 236-73 Exh. A(part), 1991)

Chapter 18.94 - SPECIFIC PLAN (SP) ZONE

Sections:

The SP zone is an overlay zone intended to be applied in combination with a principal zone for the purpose of identifying areas where a specific plan is adopted.

(Ord. 236-73 Exh. A(part), 1991)

In an SP zone, all regulations set out in the principal zone, overlay zones, and this title which are applicable to the subject land shall apply, provided the uses and regulations are consistent with the applicable specific plan.

(Ord. 236-73 Exh. A(part), 1991)

Upon the adoption of any specific plan, the zoning maps shall be amended to apply the SP zone to the land encompassed by the specific plan.

(Ord. 236-73 Exh. A(part), 1991)

Chapter 18.100 - SPECIAL USES

Sections:

When any zone permits any use in this section, the applicable limitations and criteria shall apply. Certain uses, which are an integral part of the county's economy and lifestyle, must be located at the site of a particular resource. Other uses depend on varying geographic and locational requirements and must be reviewed on a case-by-case basis. Yet, other uses are specified as accompanying uses to common uses.

A.

Forest management. In any zone that allows agricultural operations or farm forestry, forest management activities as described in the California Forest Practices Act are permitted, provided that the regulations of the Forest Practices Act and all other applicable laws are met and there are no conflicts with the general plan or any applicable specific plan.

B.

Fish and wildlife enhancement projects. Fish and wildlife enhancement projects approved by the California Department of Fish and Game are permitted in any zone, provided they are compatible with the purpose of the zone in the specific location, and there are no conflicts with the general plan or any applicable specific plan.

C.

Public utilities. Except as otherwise specified, public utility transmission lines and distribution poles and lines, whether above-ground or under-ground, are permitted uses in any zone.

D.

Uses permitted with one-family dwelling. In any zone that allows a one-family dwelling as a permitted use, the following accessory buildings or uses are also permitted, unless otherwise specified by a particular zone. No building or structure permitted by this section shall encroach into any yard required by the zone in which the building is located.

1.

Accessory structures: Structures accessory to residential uses such as attached or detached garage, private shop, private greenhouse, or a combination of accessory buildings. When a manufactured dwelling is permitted for use as an accessory structure, a document shall be recorded in the office of the county recorder stating such building is not a dwelling and shall not be used for human habitation.

2.

Residential care facility: The use of the principal dwelling as a residential care facility.

3.

Small and large family day care homes: The use of the principal dwelling as a small and/or large family day care home provided any advertising is limited to one nameplate not more than six inches by 12 inches attached on and flush with the dwelling.

4.

Boarding: In addition to the habitation of the principal dwelling by one family, a portion of the bedrooms or living area may be rented or let to boarders, provided:

a.

There is one, and only one, dwelling on the lot, or if there exists an accessory dwelling or guest house then the principal dwelling may not be used for the purposes in this section when the accessory dwelling or guest house is also occupied. Each bedroom in a guest house may substitute for one guest room.

b.

Quarters for boarders shall be limited to no more than two guest rooms with no more than two persons per guest room.

c.

Parking shall be provided as specified in chapter 18.110.5.

5.

Limited home occupation: One limited home occupation may be established accessory to a dwelling unit on the same lot, provided the following criteria are met:

a.

The home occupation shall be conducted within the dwelling or accessory building and no outdoor storage or activity shall take place.

b.

No persons other than the inhabitants of the principal dwelling located on the same lot shall be employed in the home occupation.

c.

No advertising shall occur on or near the premises, except that one nameplate which does not exceed 12 inches by six inches containing the name and/or occupation may attach on and flush with the dwelling or accessory building.

d.

The appearance of the dwelling unit or accessory building shall not be altered, nor shall the occupation within the dwelling unit or accessory building be conducted in a manner which would cause the premises to differ from the surrounding residential character by use of colors, materials, construction, lighting, signs, or the emission of sounds, noises, vibrations or the items set forth in Subsection 5.e. of this section.

e.

No equipment or process shall be used in the home occupation which creates noise in excess of 55 decibels measured at the lot line (measured with a sound meter using the A-weighted scale and the "slow" response according to the manufacturer's instructions), vibration, glare, fumes, odors, dust, or electrical interference detectable to the normal senses at the boundary of the premises, or fire hazard.

f.

Except for articles produced on the premises, stock-in-trade which may be sold shall be clearly incidental to principal purpose of the home occupation and no display of products shall be visible from outside the dwelling unit or accessory building.

g.

The home occupation shall not cause an increase in the use of any utility (such as water, sewage disposal, electricity or garbage), such that the combined total for the residential use and home occupation exceeds the average for similar residential use in the neighborhood or similar type of area.

h.

When the home occupation includes the conduct of group classes or other group activities, such activities shall be limited to two times per week, and not more than five customers, clients, or pupils shall come to the premises during the same time period. When such activity is conducted one or fewer times per week, not more than ten customers, pupils, or clients shall come to the premises during the same time period. For the purposes of this section, "group" means two or more persons which come to the premises during the same time period for a specified or scheduled activity.

i.

When the home occupation involves customers, clients, or pupils coming to the premises, other than the conduct of group classes or other group activities, not more than eight customers, clients, or pupils shall come, or be scheduled to come, to the premises for service or products in any one day, and the schedule shall be staggered over the course of the day.

j.

The use of a dwelling for the home occupation shall be clearly incidental and subordinate to its use for residential purposes. Not more than 25% of the gross floor area of the dwelling shall be used for the home occupation.

k.

No vehicular traffic may be generated in connection with the home occupation between the hours of 10:00 p.m. and 8:00 a.m.

E.

Accessory and junior accessory dwellings shall be allowed and created in all zones, including mixed use zones, that allow single-family and multiple family residential uses in accordance with California Government Code Sections 65852.1 and 65852.22 as may be amended from time to time.

1.

Approvals. The following approvals apply to ADUs and JADUs under this section:

a.

Building-permit only according to the standards of this section. If an ADU or JADU complies with each of the general requirements listed below, it is allowed with only a building permit.

b.

Converted on single-family lot. One ADU or JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:

i.

Is within the space of a proposed single-family dwelling; within the existing space of an existing singlefamily dwelling; or within the existing space of an accessory structure, plus up to 150 additional square feet, if the expansion is limited to accommodating ingress and egress;

ii.

Has exterior access that is independent of that for the single-family dwelling; and

iii.

Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.

c.

Limited detached on single-family lot. One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to the parking requirements any JADU that might otherwise be established on the lot under this section, if the detached ADU satisfies the following limitations:

i.

The side- and rear-yard setbacks are at least four-feet. The building official and the fire chief shall confirm that side and rear setbacks are sufficient for fire safety.

ii.

The total floor area is 800 square feet or smaller.

iii.

The peak roof height above-grade is 16 feet or less.

d.

Converted on multifamily lot. Multiple ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited, to storage rooms, boiler rooms, passageways, attics, basements or garages, if each converted ADU complies with state building standards for dwellings. At least one converted ADU is allowed within an existing multifamily dwelling, and up to 25 percent of the existing multifamily dwelling units may each have a converted ADU under this paragraph.

e.

Limited detached on multifamily lot. No more than two detached ADUs on a lot that has an existing multifamily dwelling, if each detached ADU satisfies the following limitations:

i.

The side- and rear-yard setbacks are at least four feet.

ii.

The total floor area is 800 square feet or smaller.

f.

ADU permit:

i.

No ADU may be created without a building permit.

ii.

The county may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the county's ADU ordinance. The ADU permit processing fee is determined by the board of supervisors by resolution.

g.

Process and timing:

i.

An ADU permit is considered and approved ministerially, without discretionary review or a hearing.

ii.

The county must act on an application to create an ADU or JADU within 60 days from the date that the county receives a completed application, unless either:

1.

The applicant requests a delay, in which case the principal 60-day time period is tolled for the period of the requested delay, or

2.

In the case of a JADU and the application to create a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot. The county may delay acting on the permit application for the JADU until the county acts on the permit application to create the new singlefamily dwelling, but the application to create the JADU will still be considered ministerially without discretionary review or a hearing.

h.

Zoning:

i.

An ADU or JADU subject only to a building permit under Subsection f. above may be created on a lot in a residential or mixed-use zones).

ii.

An ADU or JADU subject to an ADU permit, under Subsection E.1. above, may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.

i.

Fire sprinklers. Fire sprinklers are required in an ADU, if sprinklers are required in the primary residence.

j.

Rental term. No ADU or JADU may be rented for a term that is shorter than 30 days.

k.

No separate conveyance. An ADU or JADU may be rented, but no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).

l.

Owner occupancy:

i.

All ADUs created before January 1, 2020 are subject to the owner-occupancy requirement that was in place when the ADU was created.

ii.

An ADU that is created after January 1, 2020, but before January 1, 2025, is not subject to any owneroccupancy requirement.

iii.

An ADU that is created after January 1, 2025, is not subject to any owner-occupancy requirement.

iv.

All ADUs that are created on or after January 1, 2025 are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property as the person's legal domicile and permanent residence.

v.

All JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, the owner-occupancy requirement of this section does not apply if the property is entirely owned by another governmental agency, land trust or housing organization.

2.

Other ADU requirements. The following requirements apply only to ADUs that require an ADU permit under Subsection 1.f. above.

a.

Maximum size:

i.

The maximum size of a detached or attached ADU subject to Subsection 1.f. is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two bedrooms. No more than two bedrooms are allowed.

ii.

An attached ADU that is created on a lot with an existing primary dwelling is further limited to a maximum 50 percent of the floor area of the existing primary dwelling.

iii.

Application of other development standards in this section, such as lot coverage, might further limit the size of the ADU, but no application of lot coverage or open-space requirements may be required if the ADU is less than 800 square feet.

b.

Lot coverage. No ADU subject to this section may cause the total lot coverage of the lot to exceed 50 percent, subject to Subsection 2.a above.

c.

Minimum open space. No ADU subject to this section may cause the total percentage of open space of the lot to fall below 50 percent, subject to Subsection 2.a.iii above.

d.

Height:

i.

A single-story attached or detached ADU may not exceed 16 feet in height above grade, measured to the peak of the structure, one.

ii.

A second story or 2-story attached ADU may not exceed the height of the primary dwelling.

iii.

A detached ADU may not exceed 1-story in height.

e.

Passageway. No passageway shall be required for an ADU.

f.

Parking:

i.

Generally. One off-street parking space is required for each ADU. The parking space may be provided for the main housing unit.

ii.

The use of setback areas or as a tandem parking to meet this requirement is space.

iii.

Exceptions. No parking shall be required in the following situations:

a)

The ADU is located within one-half mile walking distance of public transit.

b)

The ADU is located within an architecturally and historically significant historic district.

c)

The ADU is part of the proposed or existing primary residence or an accessory structure.

d)

When on-street parking permits are required but not offered to the occupant of the ADU.

e)

When there is an established car share vehicle stop located within one block of the ADU.

iv.

No replacement. When a garage, carport or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.

g.

Property line encroachments. If any portion of an existing structure crosses a property line, the structure may not be converted to or replaced with an accessory dwelling unit. For an existing structure within four

feet of a property line, the applicant must submit a survey demonstrating that the structure does not cross the property line.

h.

Appearance standards: Accessory dwelling units that are greater than 800 square feet and/or are built at a height exceeding 16 feet shall be designed with materials, colors, and style that match the exterior of the primary housing unit including roof, eaves, windows, accents, and doors.

i.

Utility fees:

i.

Converted ADUs and JADUs on a single-family lot, created under Subsection 1.d above, are not required to have a new or separate utility connection directly between the ADU or JADU and the utility. Nor is a connection fee or capacity charge required unless the ADU or JADU is constructed with a new single-family home.

ii.

All ADUs and JADUs not covered by Subsection 1.d above require a new, separate utility connection directly between the ADU or JADU and the utility. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU or JADU, based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system. The fee or charge may not exceed the reasonable cost of providing this service.

j.

Nonconforming ADUs and discretionary approval. Any proposed ADU or JADU that does not conform to the objective standards set forth in this section may be allowed; however, only one tandem space is allowed per lot by the County with a conditional use permit.

k.

Acts to eliminate ADU entrance or permanent provisions for eating, cooking, and sanitation. Acts to remove accessory or junior accessory units and/or permanently remove eating, cooking and sanitation facilities shall require separate county approval as follows:

i.

A building permit shall be required to remove the separate entrance or permanent provisions for eating, cooking, and sanitation in an accessory dwelling unit.

ii.

No building permit shall be issued to remove permanent provisions for eating, cooking, and sanitation or the separate entrance for an accessory dwelling unit created by converting or demolishing a garage,

carport, or covered parking structure in conjunction with the construction of an accessory dwelling unit unless either:

a)

The project includes restoring the garage for vehicle parking prior to the first inspection on the permit; or

b)

The site has the required number of on-site parking spaces as required by the parking requirements in Section 17.02.090.8.

F.

Transitional Housing. Transitional housing shall be permitted as a residential use, subject only to restrictions that apply to other residential dwellings of the same type in the same zone. These districts include RC, AE, LIC, AG, LI, RR, RL, RH, and RT zones. Residential development standards applied to transitional, the same as applied to other residential uses including those development standards found in the base zoning district and those additional standards referenced is Section 18.110.

G.

Supportive housing. Supportive housing shall be permitted as a residential use, subject only to restrictions that apply to other residential dwellings of the same type in the same zone. In addition, supportive housing shall also be permitted in other non-residential zoning districts that also allow residential uses. These districts include allowed by right in the RC, AE, LIC, AG, LI, RR, RL, RH, and RT zones and with a use permit in the TP, C and IL zones. Residential development standards for supportive housing applied to supportive housing, the same as other residential uses including those standards found in the base zoning district and those additional standards referenced in Section 18.110.

H.

Low barrier navigation center. In accordance with California Government Code § 65662, this use is considered to be a use allowed by right Agricultural Exclusive (AE), same as permitted for emergency shelters in accordance with Section 18.110.090, and in all other zones that allow multiple-family, including Residential-High Density (RH) zone specified requirements provided for in Section 18.110.090.

I.

Housing developments. Housing developments are subject to compliance with California Government Code §§ 65940 through 65950 regarding the review process for residential developments. The county's site plan review procedure outlines the requirements for the ministerial review and approval of housing development (Section 18.120).

1.

If the project constitutes an affordable housing development, it shall not be subject to discretionary review, including environmental review. Otherwise, the project shall be processed in accordance with the Housing Accountability Act of 2019 as amended, California Government Code § 65940 (until the Act's expiration).

2.

If the project is considered a "Streamline Housing Development project, the project shall be subject to the submittal of a complete application as required by California Government Code § 65913.4. Also, the project shall be consistent with Section 18.110.080 (Multiple family housing design), as applicable, in accordance with California Government Code § 66300(b)(1)(C) any design standards for housing development shall be limited to objective criteria that involves no personal or subjective judgment.

3.

The planning director shall maintain a required checklist of information for submittal for a complete application in accordance with California Government Code § 65940, this list shall be limited to only those items noted by law as being required.

4.

In accordance with California Government Code § 65905.5 the county may not conduct more than five public hearings on a housing development project if the project complies with objective general plan and zoning standards in effect at the time the application is deemed complete. Public hearings include workshops and reviews by the planning commission and/or board of supervisors. They don't include legislative hearings to address general or specific plan or zoning amendments that may be needed to accommodate the project.

J.

No net loss of lower income housing units. In accordance with California Government Code § 65915(c)(3)) the county shall require replacement housing units on sites identified in the site inventory of the general plan housing element (generally as a condition of project approval).

K.

Family day care. In accordance with California Health and Safety Code § 1596.792, small and large family day care homes are allowed by right in all zones where residential is allowed.

L.

Residential care facility. Small residential care facilities are allowed and large residential care facilities are allowed with an administrative permit the same as with other residential uses by zone district including the RC, AE, LIC, AG, LI, RR, RL, and RH zones.

M.

Manufactured housing. Manufactured housing shall be allowed in all zones where single-family residential houses are allowed subject to the same development standards for conventional single-family residential dwellings limited to roof overhang, roofing and siding material restrictions (refer to residential development standards in the base zone district and Section 18.100.050).

N.

Uses similar to uses permitted. In any zone, a use not listed as a use permitted in the subject zone may be allowed by right upon the presentation of substantial evidence and a written finding by the planning director that the use is compatible with the purpose of the zone and is similar in character and impact to specified uses permitted in the subject zone.

(Ord. No. 236-150, 10-26-2021; Ord. No. 236-149, § 11, 7-28-2021; Ord. No. 236-146, 12-12-2017; Ord. 236-73 Exh. A(part), 1991)

18.100.020 - Uses permitted with an administrative permit in certain zones—Limitations and criteria.

When any zone permits any use in this section, subject to obtaining an administrative permit, the applicable limitations and criteria shall apply. Administrative permit applications shall comply with the requirements in chapter 18.124. The applicant shall provide information required to determine conformance with the criteria in this section applicable to the proposed use.

A.

Assemblage of People. When assemblage of people is permitted subject to obtaining an administrative permit the following shall apply. The planning director shall transmit a copy of the application to applicable county departments such as roads, sheriff, and emergency services and any other agency which may be affected. The administrative permit shall not be approved unless the promoter takes measures to assure that adequate ingress and egress is provided to avoid traffic congestion and provide access by emergency vehicles, and that adequate controls or measures will be taken to prevent offensive noise, light, or other effects adverse to the subject property or its surroundings.

B.

Second Dwelling—AG, LI, RT, RR, RH, or RL Zone. One second-dwelling may be allowed in addition to one one-family dwelling provided the criteria in this subsection are met. When the criteria are not met, one second dwelling may be allowed subject to obtaining a use permit, as provided in section 18.100.030. The purpose of providing for second dwellings is to encourage the efficient use of residential zones and to provide housing opportunities for low and moderate income and other disadvantaged persons as well as providing equal opportunity for all persons, while protecting the character, property values, health, safety, and services of the surrounding area and its residents.

1.

The particular location in which the second dwelling is proposed to be sited is not within the EP or MP zone.

2.

The size of the subject lot is two times the minimum lot size required by the subject zone. When the lot is contiguous to the AE zone the lot size shall be a minimum of 30 acres, except when the lot is between 15 and 30 acres a second dwelling may be allowed, provided that prior to granting an administrative permit the owner shall execute and cause to be recorded in the office of the county recorder a restriction binding on the owners, their heirs, successors, and assigns, stating that the second dwelling is accessory to the

principal dwelling and shall not be divided separate from the principal dwelling. For the purpose of this section "contiguous" includes land separated by roads or rights-of-way.

3.

A second dwelling shall not be allowed if there exists a guest house or other dwelling on the lot, in addition to the principal dwelling.

4.

The principal dwelling and second dwelling shall each have separate onsite sewage disposal systems or public sewage service connections.

5.

The principal and second same domestic water supply when all provided there is adequate area for the separate water supply systems.

6.

Each dwelling, together with its improvements, is situated in such a way as to create two building sites that each meet the minimum requirements of the zone in which the lot is dwellings may use the requirements are met, future establishment of located.

7.

All requirements of this title and all applicable laws are met for both dwellings.

C.

Second Dwelling—AE, RC or LIC Zone: When an administrative permit is required, one second-dwelling may be allowed in addition to one one-family dwelling, provided the criteria in this subsection are met. When the criteria are not met, one second dwelling may be allowed subject to obtaining a use permit, as provided in section 18.100.030.

1.

The size of the subject lot or parcel is at least 75 acres;

2.

The second dwelling shall be clustered within the confined building site occupied by the principal dwelling;

3.

All requirements of this title and all applicable laws are met for both dwellings.

D.

Guest House. One guest house may be allowed in addition to one one-family dwelling or one two-family dwelling, provided the criteria in this subsection are met. When the criteria are not met, one guest house

may be allowed subject obtaining to a use permit, as provided in section 18.100.030.

1.

The guest house must be less than 302 square feet, without cooking or kitchen facilities, and conform to the definition of guest house.

2.

The minimum lot size required by the subject zone and all other requirements of this title and applicable laws are met.

3.

A guest house shall not be allowed if there exists a second dwelling on the lot.

E.

Farmworker Housing—AE Zone. When an administrative permit is required, farm employee housing may be allowed in addition to other permitted dwellings, provided the criteria in this subsection are met. When the criteria are not met, farm employee housing may be allowed subject to obtaining a use permit as provided in section 18.100.030.

1.

Upon request of the planning director, the applicant shall present evidence justifying the need for each farm employee house, such as crop type, acreage, and number of dwellings used by farm employees. The planning director may consult with any persons deemed necessary in this matter.

2.

Farmworker housing shall be located adjacent to the confined building site occupied by the principal dwelling but shall have a septic system separate from that of the principal dwelling, or if not clustered shall be limited to not more than one farmworker house per approximately 80 acres in the same agricultural operation.

3.

All requirements of this title and all applicable laws are met for both dwellings.

4.

Prior to granting an administrative permit the owner shall execute and cause to be recorded in the office of the county recorder, a restriction binding on the owners, their heirs, successors, and assigns, stating that the farm employee housing is deemed to be accessory to the agricultural operation and shall be retained with the agricultural operation if the property is subdivided.

(Ord. No. 236-146, 12-12-2017; Ord. 236-73 Exh. A(part), 1991)

18.100.030 - Uses permitted with a use permit in certain zones—Limitations and criteria.

A.

When any zone permits any use in this section subject to" obtaining a use permit, the applicable limitations and criteria shall apply. Use permit applications shall comply with the requirements in chapter 18.128. The applicant shall provide information required to determine conformance with the criteria in this section applicable to the proposed use. When any use or application for an administrative permit does not conform to the provisions in section 18.100.020 for the particular use, the use may be permitted subject to obtaining a use permit. In granting the use permit the planning commission shall impose the criteria required for the use under an administrative permit to the maximum extent feasible and practical.

B.

Uses accessory to one-family dwelling when a use permit is required.

C.

In any zone that allows a one-family dwelling subject to obtaining a use permit, the uses described in subsection D. of section 18.100.010 shall also be permitted, unless specific provisions are modified as a condition of the use permit.

D.

Home Occupation. One home occupation may be permitted as an accessory use to a dwelling, subject to obtaining a use permit. When the use conforms to the criteria for a limited home occupation in subsection D. of section 18.100.010, the use may be established without a use permit. Every home occupation shall strictly conform to the definition of a home occupation set forth in this title. The purpose of provisions for home occupations is to promote economic growth while protecting against adverse effects to neighborhood character, property values and public services, and to provide equal protection for persons locating in commercial or industrial zones.

E.

Surface Mining. This subsection shall apply to any zone which permits mining. Surface mining as defined in the Surface Mining and Reclamation Act of 1975 ("Act"), Public Resources Code Section 2710 et seq., shall be subject to all the requirements of the Act.

1.

Surface mining permit and reclamation plan requirements of the Act shall be implemented through the use permit process. Use permit applications shall include a reclamation plan on a form prescribed by the planning director and any other information necessary to determine conformance with the Act. The California Division of Mines and Geology shall be notified of any application for surface mining operations, and shall be provided with a copy of every approved permit and reclamation plan.

2.

Conditions of Approval: In addition to any other condition of approval, a schedule of periodic inspections to evaluate continuing compliance with the permit and reclamation plan shall be established. The planning commission may require a lien, surety bond, or other security guarantee acceptable to the county,

conditioned upon faithful execution of the reclamation plan, including administrative costs and the estimated cost of inspections by a qualified professional. Any surety may be revised as necessary to maintain an amount equal to the cost of completing the remaining reclamation as described in an approved or amended reclamation plan, required inspection costs, and administrative costs.

F.

Uses Similar to Uses Permitted with a Use Permit. In any zone, a use not listed as a use permitted with a use permit may be approved subject to obtaining a use permit, upon presentation of substantial evidence and a finding by the planning commission that the use is compatible with the purpose of the zone and is similar in character and impact to specified uses permitted with a use permit in the subject zone.

(Ord. No. 236-146, 12-12-2017; Ord. 236-85, 1999; Ord. 236-73 Exh. A(part), 1991)

18.100.040 - Temporary use of mobilehome, manufactured home, or recreational vehicle during construction of dwelling.

Notwithstanding any other provision of law, a mobilehome, manufactured home, or recreational vehicle may be temporarily placed on a lot for human habitation for a period not to exceed one year, in conjunction with the construction of a permanent dwelling on the same lot when the criteria in this section is met.

A.

Prior to the installation of the mobilehome, manufactured home or use of the recreational vehicle, an administrative permit shall be obtained as provided in chapter 18.124, and all required permits shall be obtained from the building department. No permit shall not be issued until the applicant presents evidence that a building permit for a permanent dwelling on the same lot or parcel has been or will be issued by the building department, all health department requirements for potable water and sewage disposal have been met, and all other requirements are met.

B.

The term of the administrative permit shall be one year. The permit shall be renewable annually for not more than one additional one-year term. Application for renewal shall be presented to the planning director prior to expiration of the administrative permit. The planning director shall verify that all requirements are met and that the building permit for the permanent dwelling has also been renewed.

C.

When the permit expires or the use terminates prior to expiration, the mobilehome, manufactured home, or recreational vehicle shall cease to be used for human habitation and the mobilehome shall be removed from the property within 30 days after the date of expiration or termination.

(Ord. No. 236-146, 12-12-2017; Ord. 236-73 Exh. A(part), 1991)

Editor's note— Ord. No. 236-146, adopted Dec. 12, 2017, changed the title of § 18.100.040 from "Temporary use of mobilehome or recreational vehicle during construction of dwelling" to read as herein set out.

Due to the transportable nature of mobilehomes and manufactured homes and their impact on the community when not properly regulated, it is necessary to provide additional regulations and clarifications which apply to mobilehomes, in addition to any other requirement of law.

A.

A mobilehome, or manufactured home, as defined in this title, shall be deemed to be a one-family dwelling, and shall be subject to the regulations for one-family dwellings set out in this title, except as otherwise specified.

B.

No mobilehome or manufactured home shall be parked on a public street or highway for more than 24 hours, nor occupied or used for sleeping purposes while parked on a public street or highway.

C.

No mobilehome or manufactured home may be stored on any lot. No mobilehome shall be placed on any lot, including a mobilehome park space, unless and until all requirements of this title are met, and until a mobilehome or manufactured home installation permit or other required permit is issued by the building department. Mobilehomes or manufactured homes located on a mobilehome and/or manufactured home sales lot for the purpose of sale or lease are exempt from the requirements of this subsection.

D.

Temporary use during construction of a dwelling on the same lot, subject to obtaining an administrative permit as provided in section 18.100.040.

E.

Use of a mobilehome or manufactured home as a temporary family care dwelling, as provided in section 18.100.020.

F.

Mobilehomes or manufactured home located in mobilehome parks shall comply with all applicable requirements of this title and of law, and with all conditions placed on the issuance of a use permit.

G.

Mobilehome and manufactured homes used as accessory building or for nonresidential use: As a condition of site plan review and issuance of a building permit, the structure shall comply with all zoning and building codes for the proposed use, and the owner shall execute and cause to be recorded in the office of the county recorder, a restriction binding on the owners. Their heirs, successors, and assigns, stating that the mobilehome has not been permitted as a dwelling and shall not be used for human habitation.

H.

Mobilehomes shall not be permitted to be relocated to a separate lot, except within a mobilehome park, unless a use permit is obtained.

I.

Manufactured homes located or relocated onto a separate lot located outside a mobilehome park shall comply with the following design standards:

1.

Skirting materials shall have the same or similar appearance as the siding. Materials prohibited from use as skirting are: lattice work, unpainted wood or plywood, metal not having factory applied color coatings, Styrofoam, plastic, and corrugated fiberglass or metal.

2.

The skirting shall extend to the ground level except that non-pressure treated wood siding cannot extend closer than six inches to the ground and shall be connected to the ground by a concrete or pressure treated wood perimeter sill.

3.

All units shall be designed so that exterior walls look like wood, stucco, or masonry regardless of their actual composition.

4.

All roofing materials shall be designed to look like composition roofing, tile, shakes, shingles, or tar and gravel; or architectural metal roof sheathing with factory applied color coatings.

5.

Residential siding shall extend to the ground level (wood excluded) except that when a solid concrete or masonry perimeter foundation or curb wall is used, then siding need only extend one and one-half inches below the top of the foundation or curb wall.

6.

The slope of the main roof shall not be less than two inches vertical rise for each 12 inches of horizontal run.

7.

All units shall have a perimeter roof overhang on all sides extending not less than one foot measured from the vertical side of the home, not including rain gutters.

8.

Where any accessory structure is attached to the main structure, the roof overhang requirement at the point of attachment may be waived by the planning director.

9.

Permanent stairs shall be installed for all exterior door openings prior to final building permit inspection approval on the dwelling. Temporary stairs may be approved by the planning director, provided that the property owner has an active building permit for the construction of a deck with stairs and the director determines that no potential hazard may exist.

10.

All manufactured home tow bars and wheels shall be removed.

11.

Excepting the AE and AG zone districts all driveways and parking aprons in front of residences or garages shall be surfaced with asphaltic concrete or concrete.

(Ord. No. 236-146, 12-12-2017; Ord. 236-73 Exh. A(part), 1991)

Editor's note— Ord. No. 236-146, adopted Dec. 12, 2017, changed the title of § 18.100.050 from "Mobilehomes—Residential use" to read as herein set out.

Due to the transportable nature of recreational vehicles and the potential for adverse effects on health, safety, and community character, it is necessary to specify additional regulations and clarifications which apply to recreational vehicles, in addition to any other requirement of law. The use of recreational vehicles, as defined in this title, shall be as provided in this section.

A.

No recreational vehicle shall be parked on a public street or highway for more than twenty-four hours, nor occupied or used for sleeping purposes while parked on a public street or highway.

B.

Temporary occupancy: In any zone except the I, IL, or C zone, recreational vehicles may be located on a lot or parcel for occasional temporary occupancy as provided in this section. This section shall not apply to recreational vehicles located in a recreational vehicle park or on a recreational vehicle sales lot. No use under this section shall cause a nuisance or health hazard.

1.

Use in RR-4 through RR-15, LIC, RC, TP, AE, or AG zone: Recreational vehicles may be used for occasional human habitation for a period not to exceed thirty consecutive days, or ninety calendar days, in any one year.

2.

Use in RR-1 through RR-3, RH, RL, or RT zone: Recreational vehicles shall be strictly limited to occasional occupancy, not to exceed thirty days in any one year. No recreational vehicle may be stored in a required

front yard.

3.

In the AE, AG, RC, LIC, TP, or OFG zone a recreational vehicle may be used for a period not to exceed one hundred eighty consecutive days in any one year, subject to approval of an administrative permit and a finding that all requirements of the health department have been met, the use is desirable in connection with a bona fide agricultural operation or resource protection activity, and the temporary use furthers the purpose of the subject zone and general plan policies. The term of the administrative permit may vary but shall not exceed five years. Any extension beyond five years shall require a use permit.

C.

Temporary occupancy during construction of dwelling on same lot, subject to obtaining an administrative permit as provided in Section 18.100.040.

D.

Use of recreational vehicle as a temporary family care dwelling, as provided in Section 18.100.020.

E.

Recreational vehicles located on a recreational vehicle sales lot shall not be used for human habitation.

F.

Storage of recreational vehicles: Recreational vehicles may be stored indefinitely on any lot, provided they are not used for human habitation. In an RH, RL, RR or RT zone, no recreational vehicle shall be stored in a required front yard. Recreational vehicle sales lots are exempt from this subsection.

G.

Recreational vehicle parks: Recreational vehicles located in recreational vehicle parks shall comply with all applicable requirements of this title and of law, and with any conditions of issuance of a use permit. No recreational vehicle shall remain in a recreational vehicle park for more than six months in one calendar year, unless modified by the conditions of an approved use permit.

(Ord. 236-73 Exh. A(part), 1991)