Title 17 — ZONING

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Title 17 - ZONING Chapter 17.01 - SHORT TITLE

Section:

The chapters set out in this title may be called the "zoning ordinance for the town of Paradise."

(Ord. 214 §2(part), 1992)

Chapter 17.02 - BASIC PROVISIONS

The zoning ordinance is enacted for the following purposes:

A.

To promote and ensure the public health, safety and general welfare of the town and its residents;

B.

To attain and implement the goals, objectives and policies of the general plan by providing a precise delineation of permitted land uses, precluding land-use conflicts, and by establishing general site development standards.

(Ord. 214 § 2(part), 1992)

The intent of the town is that this title be consistent with the general plan, and with any supplemental land use and community development policies which may be adopted by the town council. If this title becomes inconsistent with the general plan or such supplemental policies by reason of new or amended plans or policies, the intent of the town council is that this title be amended within a reasonable time so as to become or remain consistent with the new or amended plans or policies.

(Ord. 214 § 2(part), 1992)

This title shall be held to be the minimum requirement for the promotion of the public health, safety, comfort, convenience and general welfare. The zoning ordinance is not intended to interfere with, abrogate or annul any easement, covenant, or other agreement between parties. When this title imposes a greater restriction upon the use of land or buildings than are required by other ordinances, rules or regulations, or by easements, covenants or agreements, the provisions of this title shall control.

(Ord. 214 §2(part), 1992)

Except as specifically provided, no provision of this title shall be construed as relieving any party to whom any permit, variance, or other authorization is issued from complying with any provision of state or federal law, or from any provision, ordinance, or regulation of the town requiring a license, franchise, or permit to conduct a particular business, activity or use.

(Ord. 214 §2(part), 1992)

If any portion of this title is for any reason held to be invalid or unconstitutional, such determination shall not affect the validity or constitutionality of the remaining portions of the title. The town council expressly declares that this title and each portion thereof would have been adopted irrespective of the fact that any other portion of it may be found invalid or unconstitutional.

(Ord. 214 §2(part), 1992)

Chapter 17.04 - DEFINITIONS

The meaning and construction of words and phrases defined in this chapter shall apply throughout this title, except where the context clearly indicates a different meaning or construction.

(Ord. 214 §2(part), 1992)

The following general rules of language construction shall apply to the text of this title:

A.

Headings. Section headings shall not be deemed to govern, limit, modify, or otherwise affect the scope or intent of any provision of this title.

(Ord. 214 §2(part), 1992)

17.04.300 - Terminology.

A.

All public officials, agencies and regulations referenced in this title are those of the town unless otherwise indicated.

B.

"Building official" means the person designated by the Uniform Building Code, as adopted by the town, as responsible for enforcement and administration of the building code.

C.

"Chapter" means a numbered division of this title containing the basic provisions of a general topic; e.g., the zoning ordinance basic provisions.

D.

"Commission" or "planning commission" means the planning commission of the town.

E.

"Council" or "town council" means the town council of the town.

F.

"County" means the county of Butte, state of California.

G.

"Department" means the community development department of the town.

H.

"Director" means the planning director of the town, or a designee thereof.

I.

"Federal" means the government of the United States.

J.

"General plan" means the Paradise general plan as adopted by the town council, and includes any specific plans adopted by the council pursuant to state law.

K.

"Section" means a numbered division of a chapter contained within this title, unless otherwise indicated.

L.

"State" means the State of California.

M.

"Title" means this title, unless otherwise indicated.

(Ord. 214 §2(part), 1992)

A.

Purpose. The purpose of the use classifications is to provide a consistent set of terms encompassing and defining uses permitted or conditionally permitted in various zones. This chapter provides a method of determining to which use classification a specific use belongs if such a use is not clearly included within a use classification.

B.

Determination of Classification. The planning director shall determine the appropriate use classification of any use not specifically listed in this title, subject to the right of appeal pursuant to Section 17.45.600.

C.

Criteria for Determination. In making a determination of classification, the planning director shall consider the typical site development, structure requirements, and the operating characteristics of the particular use in question, and shall consider any function, product, service, or physical facility requirements common or similar to uses cited as examples of use classification.

D.

Written Findings. Each determination of classification shall be made in writing, and shall include a statement of all factors considered by the planning director in making the determination.

E.

Supplemental Listing. The planning director or designee shall maintain a list of all use determinations, and shall periodically recommend to the planning commission revisions to the use classification as set forth in this title to reflect contemporary terminology and minimize ambiguity.

(Ord. 214 §2(part), 1992)

A.

Any words or phrases not defined within this section shall be defined as set forth in current dictionaries.

B.

Words or phrases in capital letters are also defined within this section.

C.

For purposes of this title, the words and phrases set out in this section shall have the following meanings:

"Abandoned sign" means any sign or sign structure which identifies a USE which has not occupied the SITE on which it is located for a period of ninety (90) days, does not clearly identify any land use for a period of ninety (90) days, or has been in a state of disrepair or poor condition for a period of ninety (90) days.

"Abutting" or "adjoining" means having common LOT lines, PARCEL lines, or DISTRICT boundaries in common.

"Accessory building" means any structure having a permanent foundation and a roof supported by columns or walls designed, intended and/or used for shelter, support or enclosure of property associated with a permitted or conditionally permitted PRINCIPAL USE on the same site.

"Accessory dwelling" means a DWELLING UNIT accessory to a nonresidential PRINCIPAL USE on the same SITE, intended for occupancy by the landowner or a person employed on the site for security, maintenance or management purposes.

"Accessory uses" means USES which are necessarily and customarily associated with and subordinate to the permitted or conditional permitted principal use. Accessory uses and structures are subject to the same regulations as apply to principal uses in each zoning district, except as may be otherwise provided.

"Addition" means any construction which increases the size of a BUILDING or STRUCTURE in terms of SITE coverage, HEIGHT, length, width, or GROSS FLOOR AREA.

"Administrative permit" means an entitlement authorizing a development project and granted by the planning director or an appointed designee, involving very little or no personal subjective judgment or discretion. The decision-making process involves the use of fixed standards and criteria, and a determination as to whether or not the project complies with existing statutes, ordinances, regulations and policies.

"Administrative services" means offices, administrative, clerical, or public contact services of public agencies that deal directly with the citizen, together with incidental storage and maintenance of necessary vehicles. Typical uses include federal, state, county, town and special district offices.

"Adult business." For "adult business" see Section 9.14.020 of this code.

"Advertising" means printed matter that calls the public's attention to things for sale.

"Advertising display" means any sign, billboard, signboard, poster, placard, pennant, banner, graphic display, mural, or similar device that is used to advertise or promote a product.

"Agent of owner" means any person showing written verification that he or she is acting for, and with the knowledge and consent of, a property owner.

"Agricultural building" means a structure designed and constructed to house agricultural equipment, farm implements, hay, grain, poultry, livestock, or horticultural products and which is not designed for human habitation.

"Agricultural employee housing" means housing consisting of no more than thirty-six (36) beds in group quarters or twelve (12) units or spaces designed for use by a single family or household as described in

California Health and Safety Code Sections 17021.6 and 17008.

"Agricultural employee housing, limited residential" means housing providing accommodations for six (6) or fewer employees as described in California Health and Safety Code Sections 17021.5 and 17008.

"Agricultural processing" means the processing, treatment or remanufacture of agricultural products on a commercial basis. Typical uses include wineries, packing and canning plants, feed lots, and livestock auction yards.

"Agricultural sales and service" means sale of feed, grains, fertilizers, pesticides, and similar agricultural products, or provision of related agricultural services. Typical uses include feed and grain stores and agricultural supply services.

"Alteration" means any construction or physical change in the internal arrangement of rooms or the supporting members of a BUILDING or STRUCTURE, or a change in the relative position of buildings or structures on a SITE, or a substantial change in appearance of any building or structure.

"Animal production" means raising of animals or production of animal products such as eggs or dairy products. Typical uses include grazing, ranching, dairy farming, and poultry farming. Animal production shall not include the keeping and raising of BACKYARD CHICKENS AND RABBITS in accordance with Section 17.35.250.

"Attached" means joined in any manner to any structure.

"Auto body repair" shall mean any use or activity involving body, frame, fender straightening or repair, or the overall painting and undercoating of motor vehicles. Auto body repair shall not include the rebuilding of vehicles beyond repair as determined by an insurance company or the dismantling or storage of wrecked or junked vehicles.

"Auto repair" shall mean any motor vehicle repair such as tire, brake, engine, radiator, transmission, tuneup, electrical, battery, exhaust system, suspension, air conditioning, smog, auto detailing, glasswork, window tinting, upholstery, and shall include car stereo, car alarm, and cellular phone maintenance, repair or installation, and not including the work of auto body repair.

"Auto sales" shall mean the display and sale of new or used motorized vehicles and/or parts related thereto. The sale and/or rental of light trucks, vans, motorcycles, trailers, recreational vehicles or auto parts is considered auto sales and may include preparation or minor repair work conducted as ACCESSORY USE. Auto sales are typically either primarily an "indoor" or "outdoor" land use activity.

"Automotive dismantling." For "automotive dismantling" see definition assigned to SCRAP AND SALVAGE SERVICES.

"Average slope" means the average amount of fall or rise of property between its setback lines.

"Aviation facilities" means landing fields, and related aircraft parking and service facilities, including aircraft servicing, fueling, repair, storage, charter, sales and rental.

"Backyard chickens and rabbits" means the long-term keeping and raising of chickens (excluding roosters) and rabbits, not to exceed a combined total of twelve (12) chickens and rabbits, as a permitted

ACCESSORY USE on the same SITE as an ESTABLISHED residential land USE as household pets and in accordance with Section 17.35.250.

"Bed and breakfast" means any BUILDING or establishment or portion thereof, the primary purpose of which is for the providing of guest bedrooms for a lodging fee and which may include providing limited meal service such as light or continental breakfasts, evening snacks, etc., and which is clearly incidental to the principal use of the property as a DWELLING UNIT.

"Body piercing shop" means any place or establishment which is operated for the purpose of piercing the skin or creating an opening in the body of a human being for the purpose of inserting jewelry. This includes, but is not limited to, the piercing of an ear, lip, tongue, nose or eyebrow.

"Building" means a structure having a roof supported by columns or walls, for the shelter, support or enclosure of persons or property.

"Building site" means the usable area of a LOT. This area excludes land exceeding thirty (30) percent slope, drainage ways, easements or similar areas where septic systems or STRUCTURES cannot be installed or constructed.

"Business office" means an office where work is performed in the buying and selling of commodities or service or an administrative office.

"Business or trade school" means a USE providing education or training in business, commerce, language, or other activity, and not otherwise defined as a home occupation, college or university, or public or private educational facility. Typical uses include business schools and barber or beauty colleges.

"Business services" means sale, rental or repair of equipment, or provision of services and supplies typically used by other commercial or industrial uses. Typical uses include janitorial and building maintenance services, office and commercial equipment supply firms, and printing shops.

Cabinet Shop. See definition assigned to MANUFACTURING, LIGHT.

"Campground" means facility of two (2) or more spaces providing camping; and including PARKING FACILITIES or incidental services for travelers in RECREATIONAL VEHICLES or tents. Typical uses include recreational vehicle parks.

"Cargo container" means a container, with or without axles, originally designed to haul, store or transport freight or cargo. Cargo containers may also be referred to as storage containers, temporary storage containers, portable storage containers, containerized storage devices, semi-trailers or truck-trailers.

"Carport" means a GARAGE enclosed or partly enclosed by no more than one side.

"Carwashing" means washing and cleaning of automobiles and similar vehicles and equipment. Typical uses include self-service and mechanical car washes and equipment cleaning facilities.

"Cemetery" means land used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematoriums, mausoleums, and mortuaries when operated in conjunction with and within the boundary of such cemetery.

"Change of use" means the replacement of an existing USE by a new use, or a change in the nature of an existing use, but not including a change of ownership, tenancy, name, or management, or a change in product or service within the same use classification where the previous nature of the use, line of business, or other function is substantially unchanged.

"Club" or "lodge" means assembly, recreational, social, and administrative facilities for a private or nonprofit association, primarily for use by members and guests. Typical uses include fraternal organizations and private social clubs.

"Cocktail lounge" means a USE licensed by the state for preparation and sale of alcoholic beverages for consumption on the premises, including taverns, bars, cocktail lounges, and similar businesses.

"Combining district" means an area depicted on the zoning map which is regulated by a base zone and another zone which is specifically added to a base district as prescribed by this title.

"Commercial composting" means a site location that is used for the collection and COMPOSTING of organic material for a commercial purpose.

Commercial Recreation, Indoor. "Indoor commercial recreation" means establishments primarily engaged in sports, entertainment, amusements or recreation services, conducted within an enclosed building. Typical uses include bowling alleys, billiard parlors, amusement arcades, skating rinks, health or sports clubs, motion picture theaters, meeting halls and dancehalls.

Commercial Recreation, Outdoor. "Outdoor commercial recreation" means establishments primarily engaged in provision of sports, entertainment, amusement, or recreation, conducted in open or partially enclosed facilities. Typical uses include miniature golf, driving ranges, and golf courses, swimming and tennis facilities, sports arenas, and similar outdoor activities.

"Commercial timber harvesting" means the harvesting of twelve (12) or more trees defined as a QUALIFYING TREE from one legal parcel during any twelve (12) consecutive month period for a commercial purpose. As used in this definition, "commercial purpose" means the trees are primarily being harvested for financial reasons and the specific tree felling and removal activity is not associated with a town approved development permit or entitlement authorizing the establishment or expansion of a legally permitted land use. Tree felling and removal activities in accordance with the provisions of Chapter 8.12 of this code shall not constitute commercial timber harvesting except as set forth in Code Section 8.12.090(B) (3).

"Common area" means an area held, designed and designated principally for the use by all the owners or occupants of a MOBILE HOME PARK, cluster subdivision, condominium, or other unified development project.

"Community care facility" means any facility, place or building which is maintained and operated to provide nonmedical residential care, adult day care, child day care, intermediate care, congregate living, health care, or home-finding agency services for children, adults, or children and adults, including but not limited to the physically handicapped, mentally impaired or incompetent persons and does not include drug recovery facilities.

Community Care Facility, Limited Residential. "Limited residential community care facility" means a community care facility which provides service for six (6) or fewer persons, with the residents and operators of the facility being considered a family.

"Composting" means a controlled microbial degradation of organic waste yielding a humus-like product of potential value as a soil conditioner.

"Conditional use permit" means a discretionary permit issued by the town which is required for certain projects that are allowable by special permit only. A conditional use permit imposes conditions on a project which are designed to assure compatibility with the town general plan, the town zoning ordinance, and to minimize impacts to neighboring land uses.

"Construction sales and services" means sale of building and construction materials, or provision of contracting and construction services. Typical uses include building materials centers, lumberyards, tool and equipment rental services, and contracting services.

"Consumer repair services" means repair services primarily serving individuals and households, but excluding automotive and equipment use types. Typical uses include appliance repair, watch or jewelry repair, electronic and musical instrument repair, shoe repair, and tailor or seamstress shops.

"Convalescent services" means provision of bed care and inpatient services for persons requiring regular medical attention, but excluding surgical and emergency medical services, care for alcoholism, drug addiction, mental disease, or communicable disease.

"Convenience storage" means storage facilities primarily for storing personal effects and household goods, generally within enclosed or screened storage areas, but excluding uses such as workshops, hobby shops, MANUFACTURING, or other commercial activity. Typical uses include mini-storage and mini-warehousing.

Coverage, Building. "Building coverage" means the area of a LOT covered by BUILDINGS or roofed areas, but excluding incidental projecting eaves, balconies, or similar features, and also excluding ground-level paving, LANDSCAPING, or outdoor recreational facilities.

Coverage, Impervious. "Impervious coverage" means the area of a lot defined as BUILDING COVERAGE, plus the area occupied by impervious structures or features such as pavement, walkways, or swimming pools.

"Crop production" means growing and harvesting of tree, row or field crops, or horticultural specialties, including incidental packing and processing. Typical uses include orchards, vineyards and wholesale plant nurseries.

"Cul-de-sac" means a street or series connection of streets that is closed on one end.

"Cultural services" means a library, museum, art gallery or similar nonprofit use affording preservation and exhibition of objects of artistic, scientific or historic interest.

"Day care facility" means a facility that provides nonmedical day care to children under eighteen (18) years of age on less than a twenty-four (24) hour basis. Day care facility includes day care centers, infant centers, preschools, employer-sponsored child care centers, and family day care homes.

"Density" means the number of dwelling units per gross acre.

"Detached" means fully separated from any other BUILDING or STRUCTURE, or joined to a building or structure only by structural members not constituting an enclosed or covered space.

"Development" means the placement of any solid material or STRUCTURE; change in the DENSITY or INTENSITY, as defined in this section, of use of land; and construction, reconstruction, demolition or alteration of the size of any structure, including any facility of any private, public or municipal utility; including grading, dredging, mining or other significant earthwork.

"Discretionary permit or project" means a permit or project which requires the use of judgment or deliberation when the town decision-making body decides to approve or disapprove a particular activity, as distinguished from situations where the decision-making body merely has to determine whether there has been conformity with applicable statutes, codes or regulations.

"District" or "zoning district" means a specific land area delineated on the ZONING MAP assigned and regulated by an established ZONE.

"Drive-in service" means a feature or characteristic of a land use involving the sale of products or provision of services directly to occupants in vehicles, including drive-in windows and drive-through services such as mechanical automobile washing.

"Driveway" means a surface area providing vehicular access between a STREET and an OFF-STREET PARKING or LOADING SPACE.

"Dwelling unit" means a residential BUILDING or portion thereof providing complete, independent living facilities for one FAMILY, including permanent provisions of living, sleeping, eating, cooking and sanitation.

"Educational facilities" means an elementary, secondary or higher learning facility, whether public, private or parochial in ownership, which offers instruction in branches of learning required to be provided in public educational facilities of the State of California.

"Electric generation" means the conversion of various forms of energy to electricity.

Electric Generation, Limited. "Limited electric generation" means ELECTRIC GENERATION by the use of water or of resources immediately available on the premises.

"Emergency shelters" means facilities providing emergency shelter to homeless individuals or others in need of shelter. These accommodations include lodging and may include as ancillary uses: meals, laundry facilities, bathing, counseling and other support services.

Emergency Shelters, Temporary. "Temporary emergency shelters" means existing facilities such as churches, public or quasi-public buildings that provide temporary, emergency shelter to homeless individuals or others in need of shelter. These accommodations include lodging and may include as ancillary uses: meals, laundry facilities, bathing, counseling and other support services.

"Enclosed" means a roofed or covered space fully surrounded by walls, including windows, doors, and similar openings or architectural features, or an open space of less than one hundred (100) square feet fully surrounded by a building or walls more than eight (8) feet in height.

"Enlargement" means an addition to the FLOOR AREA of an existing BUILDING, or an addition of another BUILDING on a LOT or PARCEL. Enlargement also includes an increase in the number of adult livestock on a lot or parcel.

"Equipment repair" means repair of trucks, tractors, construction equipment, agricultural implements and similar equipment. Typical uses include truck repair, tractor and farm implement repair services, and machine shops, but exclude dismantling or salvage operations.

"Establish" means the originating, founding, instituting or creating of any USE consistent with this title on a LOT or PARCEL. Typically, uses requiring the receipt of a building permit for construction and for which substantial costs have been incurred by the permittee shall be deemed established. Uses not requiring a building permit are deemed established when the use is legally placed on the subject property, e.g., in the case of a use permit authorizing the keeping of livestock animals, the use is established when the animal is legally placed on the property.

"Family" means an individual, or two (2) or more persons living together as a single household within a DWELLING UNIT.

"Family daycare home" means a facility that regularly provides care, protection, and supervision for

fourteen (14) or fewer children, in the provider's own home, for periods of less than twenty-four (24) hours per day, while the parents or guardians are away, and is either a large family daycare home or small family daycare home.

"Fence" means any barrier or structure consisting of any material, including a gate.

"Financial services" means establishments primarily providing financial and banking services. Typical uses include banks, savings and loan institutions, credit and lending services, and similar services.

Floor Area, Gross. "Gross floor area" means the total enclosed area of all floors of a BUILDING, measured to the surfaces of exterior walls, including halls, stairways, elevator shafts, service and mechanical equipment rooms, light wells, courts, and basement, cellar or attic areas deemed usable by the building official or habitable by the Uniform Building Code.

Floor Area, Net. "Net floor area" means the total interior floor surface of a DWELLING UNIT or other unit of BUILDING area, measured to the interior surfaces of the bounding walls of the unit, excluding hallways, stairwells, service areas, and utility and mechanical equipment rooms not exclusive to the unit.

"Floor area ratio" means the ratio of GROSS FLOOR AREA on a LOT to the GROSS LOT AREA.

"Food sales" means retail sale of foods or household products predominately for home consumption. Typical uses include groceries, delicatessens, meat markets, retail bakeries and candy shops.

"Fuelwood sales" means the sale and incidental storage of wood products to be primarily used as an indoor source of heat.

"Funeral home" means the provision of undertaking and funeral services, including preparation for burial, cremation, and conduct of funeral services, but excluding cemeteries or mausoleums.

"Garage" means a building or portion of a building constructed for the primary use of the noncommercial storage of motor vehicles.

"General vehicle/equipment storage" means a facility that is not completely enclosed within a building and which primarily provides for the storage of recreational vehicles, boats, snowmobiles, trailers, construction equipment and/or other motorized and nonmotorized devices for more than seventy-two (72) hours. Typical uses include recreational vehicle storage lots and construction equipment yards.

"Grade" means the lowest horizontal elevation of the finished surface of the ground, paving or sidewalk at a point where HEIGHT is to be measured.

"Guest house" means an accessory BUILDING containing a SLEEPING UNIT without kitchen facilities, and used to house occasional visitors which are nonpaying guests of the occupants of a DWELLING UNIT on the same SITE; and containing a FLOOR AREA of six hundred forty (640) square feet or less.

Guidance Services, General. "General guidance services" means provision to seven (7) or more individuals of counseling, guidance, vocational or recuperative services to persons requiring rehabilitation assistance as a result of mental illness, alcoholism, detention, drug addiction or similar condition, either on a residential or DAY CARE basis.

Guidance Services, Limited. "Limited guidance services" means provision to six (6) or fewer individuals of counseling, guidance, vocational or recuperative services to persons requiring rehabilitation assistance as a result of mental illness, alcoholism, detention, drug addition or similar condition, either on a residential or DAY CARE basis.

"Hazardous waste" means a waste, or combination of wastes which due to its quantity, concentration, or physical, chemical or infectious characteristics, may either:

a.

Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness;

b.

Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, disposed of, or otherwise managed. (Government Code Section 66714.8)

"Hazardous waste facility" means any structure, other appurtenances, and improvements on the land, and all contiguous land, used for the treatment, transfer, storage, resource recovery, disposal or recycling of HAZARDOUS WASTE. (Health and Safety Code Section 25117.1)

"Heavy processing recycling facility" means a building or enclosed space used for the collection and processing of RECYCLABLE MATERIALS occupying an area greater than forty-six thousand (46,000) square feet of gross area and averaging more than two (2) outbound truck shipments per day.

"Height" means the vertical distance from GRADE to the highest point of the STRUCTURE, excluding chimneys, vents and similar architectural or mechanical features.

"Home occupation" means an accessory commercial activity or BUSINESS SERVICE, conducted on the SITE of a DWELLING UNIT by the inhabitants thereof, in a manner clearly incidental to the residential character of the site, and in accord with Chapter 17.33 of this title. It shall not include activities that are limited solely to the use of a desk, telephone and personal computer.

"Home occupation permit" means a nondiscretionary permit issued by the planning director that authorizes a HOME OCCUPATION based upon specific standards and criteria contained in this title.

"Horticulture" means the art or science of growing flowers, shrubs, fruits and vegetables.

"Hospital services" means provision of medical, psychiatric or surgical services for sick or injured persons primarily on an inpatient basis, and including ancillary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration and incidental services to patients, employees or visitors.

Industry, Basic. "Basic industry" means processing of raw materials and manufacture of product predominately from extracted or raw materials, or a storage (or manufacturing) activity involving flammable or explosive materials or involving processes with potentially hazardous or commonly recognized offensive conditions. Typical uses include rock, sand and gravel processing and lumber mills.

"Intensity" means the percentage of the developed area of a SITE devoted to the various land uses stored, planted, constructed or placed on the subject property.

"Internal street" means a roadway within a private DEVELOPMENT.

"Junk" means any used, cast-off, damaged, discarded, obsolete, salvaged, scrapped, unusable, worn out, or wrecked object, thing, material or substance, regardless of whether the same is being held for sale or storage. Examples of JUNK include, but are not limited to: any old wire, iron, brass, copper, tin, aluminum, lead, or any other scrap metals or alloys, and any rags, carpet, papers, bags, cardboard, lumber, pallets, barrels, bottles, cans, plastics, or any dismantled or wrecked vehicles or parts thereof, used vehicle parts, machinery, appliances and/or parts or portions thereof, and used household furniture or other household personal property or parts or portions thereof.

"Junkyard" means an area containing more than two hundred (200) square feet used for the storage of JUNK.

"Kennel" means any LOT, BUILDING, STRUCTURE, or premises whereon or wherein five (5) or more dogs or five (5) or more cats, over the age of four (4) months are kept or maintained for any purpose. Kennel definition shall not be construed as applying to a duly licensed veterinary hospital or public animal shelter.

"Landscaped" means an area predominately developed with plant material or natural landscape features, including lawn, ground cover, gardens, trees, shrubs, or other plant materials. Landscaped areas may include supplemental features such as pools, fountains, lighting, irrigation systems and sculptural elements.

"Large collection recycling facility" means a center for the acceptance by donation, redemption or purchase of RECYCLABLE MATERIALS from the public, occupying an area of generally more than five hundred (500) square feet, and may include permanent structures. The facility may include a mobile unit, bulk REVERSE VENDING MACHINES, kiosk-type units, and unattended containers for donation purposes.

Large Family Day Care Home. See definition assigned to DAY CARE HOME, LARGE FAMILY.

"Large retail project" shall mean any new commercial retail project, the total gross building floor area of which equals or exceeds fifty thousand (50,000) square feet, including but not limited to mercantile uses and/or shopping center uses. Additionally, for purposes of determining building floor area, multiple buildings located closer than twenty (20) feet together shall be considered one building.

"Laundry services" means provision of laundering, dry cleaning or dyeing services other than those classified as PERSONAL SERVICES. Typical uses include bulk laundry and cleaning plants, diaper services, and commercial linen laundry and supply services.

"Light processing recycling facility" means a building or enclosed space used for the collection and processing of recyclable materials having less than forty-five thousand (45,000) square feet of gross area and a maximum of two (2) outbound truck shipments per day. The facility shall not include shredding, compacting or baling of ferrous materials.

"Liquor sales" means establishments licensed by the state for retail sales of alcoholic beverages for consumption off the premises. Typical uses include liquor stores, bottle shops, or any licensed sales for offsite consumption.

"Livestock animals" means domestic animals raised for use or sale.

"Loading space" means an area used for loading or unloading of goods from a vehicle.

"Lot" means a PARCEL of real property with a separate number or other designation shown on a record of survey, parcel map, or subdivision map recorded by the county; or a parcel legally created pursuant to applicable regulations in effect prior to the effective date of the ordinance codified in this title.

Lot Area, Gross. "Gross lot area" means the total area within initial bounding LOT LINES, including any easement or right-of-way located within the resultant lot lines.

Lot Area, Net. "Net lot area" means the net area within resultant bounding LOT LINES, but excluding any portion of a flag lot providing access to a street, and excluding any public or private easement or right-ofway providing access to another lot.

Lot, Corner. "Corner lot" means a LOT having front and side property lines abutting two (2) separate streets, roads or road easements.

"Lot depth" means the distance between the midpoint of the front lot line and the midpoint of the rear lot line.

"Lot or parcel line" means a line or series of connected line segments bounding a LOT or PARCEL.

a.

"Front line" means any LOT LINE contiguous to a STREET from which access is provided to a LOT or PARCEL.

b.

"Side line" means any LOT LINE which intersects a FRONT LINE.

c.

"Rear line" means any LOT LINE which is not a FRONT LINE or SIDE LINE.

Lot, Through. "Through lot" means a LOT having front and rear lot lines ABUTTING a street, road, or road easement.

"Lot width" means the distance between side LOT LINES, measured along the front SETBACK LINE, except lots facing cul-de-sacs which shall have a lot width equal to the arc distance measured along the front setback line of the CUL-DE-SAC.

"Manufacturing, custom" means on-site production of small goods and/or consumptive products by methods involving primarily the use of hand tools or power tools not exceeding seven (7) horsepower or kilns and/or ovens not exceeding twenty (20) kilowatts. Custom manufacturing may include retail sale of goods or products produced on the SITE. Typical uses include candle factories, ceramic shops, custom jewelry and lapidary shops, micro-brewery, and similar uses.

Manufacturing, Light. "Light manufacturing" means manufacturing of finished products or parts prepared predominately from previously prepared materials, including processing, fabricating, assembly, treatment, and packaging, and incidental storage, sales and distribution of such products, including agricultural processing but excluding basic industry.

"Medical offices" means provision of consultations, diagnosis, therapeutic, preventative or corrective personal treatment by doctors, dentists, medical and dental laboratories, or similar practitioners of medical and healing arts licensed for such purposes by the state.

Mining. For "mining" see definition assigned to RESOURCE EXTRACTION.

"Mobile/manufactured home" means a transportable factory-built housing unit designed and equipped for use as a DWELLING UNIT with or without a permanent foundation. A mobile/manufactured home may include two (2) or more sections separately transported and joined together as one integral unit. A mobile/manufactured home shall not include a RECREATIONAL VEHICLE.

"Mobile home park" means a unified residential DEVELOPMENT with two (2) or more MOBILE HOME SPACES, together with internal streets, common areas, and facilities for parking, recreation, laundry, utility, storage, or other services for the residents.

"Mobile home space" means an area within a MOBILE HOME PARK intended as the location for one mobile home and for the exclusive use of its occupants.

"Mobile recycling unit" means an automobile, truck, trailer or van, licensed by the Department of Motor Vehicles, which is used for the collection of RECYCLABLE MATERIALS. In addition, MRU's include bins, boxes or containers transported by trucks, vans or trailers, and used for the collection of RECYCLABLE MATERIALS.

"Motel" or "lodging" means a business providing overnight lodging services, including incidental food and drink.

"Multiple-family residential" means USE of a SITE for three (3) or more DWELLING UNITS, within one or more BUILDINGS, including units intended for individual ownership together with COMMON AREAS or facilities.

"Nonconforming parcel or lot" means a parcel or lot that was legally created prior to the adoption of the regulations of this code and which does not comply with the minimum area or width requirements of the land use regulations for the zoning district in which it is located.

"Nuisance" means anything which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or which unlawfully obstructs the free passage or use, in the customary manner, of any public square, street or highway.

"Off-street parking" means required on-site parking normally beyond all SETBACK LINES of a LOT. See Section 17.38.200(H).

"Open space" means the undeveloped area of a PARCEL, with no use otherwise defined by the use classifications, except for incidental grazing or similar activity typically occurring on vacant or undeveloped lands.

"Outdoor advertising" means any advertising that is located outside of the store selling a tobacco product, including but not limited to sidewalk signs, banners or signs affixed to the outside walls of the building or to utility poles or other outdoor fixtures, and advertising that is affixed to storefront windows and doors, but that is facing outward and is clearly designed to be seen from outside the store.

"Park and recreation services" means publicly or nonprofit organization owned and operated parks, playgrounds, recreation facilities and OPEN SPACES.

"Parking facility" means an area used for parking motor vehicles, including eight (8) or more PARKING SPACES with driveways, aisles, maneuvering areas, clearances and similar features. This term includes parking lots, GARAGES, and parking structures.

"Parking space" or "parking stall" means an independently accessible area within a PARKING FACILITY used for parking a motor vehicle. This term does not include driveways, aisles, or other features of a parking facility.

"Person" means any individual, firm, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee, or other legal entity.

"Personal improvement services" means provision of informational, instructional, personal improvement or similar services of a nonprofessional nature primarily to individuals or small groups. Typical uses include photography studios, driving schools, health or fitness studios, reducing salons, dance studios, or art, music, handicraft or hobby instructions.

"Personal services" means provision of frequently needed services of a personal nature. Typical uses include beauty shops and barbershops, seamstress, tailor, shoe repair shops, and self-service laundry or apparel cleaning services.

"Pet services" means RETAIL SERVICES and grooming of dogs, cats, birds, fish, and similar small animals customarily used as household pets. Typical uses include pet stores or pet grooming shops.

"Pet shop" means indoor boarding and sale of dogs, cats, birds, fish, reptiles and other small animals. The pet shop definition shall not be construed as applying to a duly licensed veterinary hospital or public animal shelter.

"Planned development" means a land USE in which the minimum required development standards are modified to allow improved and integrated utilization of the land thereby reducing adverse economic, social or environmental impacts.

"Postal facilities" means postal services, including post offices and mail processing or sorting centers which are either publicly or privately owned and operated.

"Primary Dwelling" means a DWELLING UNIT containing seven hundred fifty (750) or larger square feet and which is located on a site as a permitted PRINCIPAL USE.

"Professional office" means provision of professional or technical services, including accounting, architecture, design, engineering, law, management and similar professions.

"Promotion" means a display of any logo, brand name, character, graphic, artwork, colors, scenes, or designs that are a recognized image of a particular product brand that calls the public's attention to the product brand.

"Public assembly" means publicly or privately owned or operated facilities for major public assembly, recreation, sports, amusements or entertainment, including civic or community auditoriums, sports stadiums, convention facilities, fairgrounds and exhibition halls.

"Public hearing" means a meeting conducted by the planning director, planning commission, town council, or other body empowered by the town council to conduct an official meeting, open to the general public, which is for the purpose of receiving information and testimony and taking action on a matter.

"Qualifying tree" means any woody perennial plant characterized by having one or more main stems or trunks with one stem or trunk of which measures ten (10) inches or more diameter at breast height or specifically four (4) feet, six (6) inches above natural grade as measured on the uphill side.

"Queue line" means an area for temporary queuing or standing of motor vehicles, while waiting for a service or other activity.

"Recreational vehicle" means a vehicle towed or self-propelled on its own chassis or attached to the chassis of another vehicle, used for temporary recreational, sleeping or sporting purposes. This term shall include but is not limited to travel trailers, pickup campers, motor homes, converted trucks and buses, boats and boat trailers.

"Recyclable material" means reusable material including, but not limited to, metals, glass, plastic and paper, which are intended for reuse, remanufacture or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous materials.

"Religious assembly" means provision of regular organized religious worship and religious education incidental thereto, in a permanent facility, but excluding uses defined as EDUCATION FACILITIES.

"Research services" means establishments primarily engaged in research or consultation of an industrial or scientific nature in an office environment, but excluding major manufacturing or product testing facilities. Typical uses include electronics research laboratories, scientific research and development facilities, and pharmaceutical or medical research labs.

Residential, Group. "Group residential" means residential occupancy of DWELLING UNITS or SLEEPING UNITS by groups of more than six (6) persons not defined as a FAMILY. Typical uses include rooming or boarding, dormitories, residence halls, and fraternity and sorority houses.

"Resource extraction and mining operation" means the on-site or off-site extraction of surface or subsurface mineral or natural resource products. Typical uses are quarries, borrow pits, sand and gravel operations, oil and gas extraction, and mining operations.

"Restaurant" means a place in which the preparation and RETAIL sale of food and beverages takes place, including incidental sale of alcoholic beverages. Typical uses include fountains, sandwich shops, restaurants, coffee shops, dinner houses, and similar establishments.

"Retail services" means sale and incidental rental or servicing of commonly used merchandise, and/or personal or household goods but excluding a defined LARGE RETAIL PROJECT. Typical uses include, but are not limited to, department stores, apparel stores, furniture and appliance stores, and businesses providing the products or services to the general public, not including businesses primarily for wholesale trade.

"Reverse vending machine" means an automated mechanical device which accepts at least one or more types of empty beverage containers including, but not limited to, aluminum cans, glass and plastic bottles; then issues a cash refund or a redeemable credit slip with a value not less than the container redemption value as determined by the state. The machine may sort and process containers mechanically, provided that the entire process is enclosed within the machine.

Reverse vending machine, bulk. "Bulk reverse vending machine" means a reverse vending machine larger than fifty (50) square feet and designed to accept more than one container at a time, and pays by weight rather than by container.

"Safety services" means facilities for the conduct of public safety and emergency services, including police and fire protection services as well as ambulance services.

"Scrap and salvage services" means businesses primarily engaged in storage, sale, dismantling, or other processing of used or waste materials which are not intended for reuse in their original forms. Typical uses include automobile wrecking, paper or metal salvage yards, junk-yards, and similar scrapping activities.

"Screened" means shielded, concealed, or reflectively blocked from view from an ABUTTING SITE, or outside the area or feature so screened, by a fence, wall, hedge, berm, or similar architectural or landscape feature.

"Secondary dwelling" means an attached or detached residential DWELLING UNIT that provides complete independent living facilities for one or more persons and which is located on a SITE with a proposed or existing PRIMARY DWELLING (residence).

"Senior housing" means housing meeting the definition set forth in Civil Code Section 51.3 of housing for older persons.

"Service station" means provision for fuel, lubricants and accessories, and incidental light servicing of motor vehicles.

"Setback line" means a line within a LOT parallel to and measured from a corresponding street centerline, lot line or right-of-way line, forming the interior boundary of a required YARD and governing the placement of STRUCTURES and uses on the lot.

"Shooting range" means a place for practicing shooting.

"Sign" means any surface device or display having lettered, pictorial or sculptured matter designed to convey visual information, and which is publicly displayed. It includes a display surface and all organized or related elements which together form or represent a single unit.

Sign, animated. "Animated sign" means a SIGN having action or motion including flashing, pulsing or blinking lights, change of color, inflated advertising symbols used to attract attention, movement of any parts or letters, rotation, fluttering, wind movement or similar motion such as with strings of streamers, pennants or reflecting devices.

Sign, area of. "Area of sign" means the total area included within the shortest circumferential line drawn around all words, symbols or other elements comprising each SIGN FACE; and including all background material, embellishments, arrows and similar elements, but excluding any poles or structural elements necessary to support a FREE-STANDING sign.

Sign area, maximum. "Maximum sign area" means the cumulative area of all BUSINESS SIGNS on a SITE, including banner, flush, freestanding, marquee, projecting, post, portable and roof signs.

Sign, banner. "Banner sign" means a SIGN or string of signs composed of cloth, plastic, vinyl, paper or similar thin, flexible or elastic material.

Sign, billboard. "Billboard sign" means a SIGN advertising a service provided or product sold on a SITE other than that on which the service or product is provided and which is not accessory or appurtenant to a USE on the SITE. Billboard signs shall not include signs upon newspaper stands, vehicles, bus shelters, shopping carts or menus at eating establishments. Billboard signs shall also not include advertising material not legible from off the site and/or unlighted WINDOW SIGNS determined to be exempt from regulation pursuant to this Title.

Sign, business. "Business sign" means a SIGN advertising a service provided or a product sold on the premises by a commercial or industrial use type.

Sign, community service. "Community service sign" means a SIGN giving information about community activities, including service clubs and community facilities, and erected and maintained by the town or by a

community service organization with authorization from the town.

Sign, construction. "Construction sign" means a temporary SIGN on the SITE of an active construction project, indicating the nature of the use under construction, and related information such as the architect, engineer, contractor, or project sponsor.

Sign, directional. "Directional sign" means a SIGN intended to give direction, warning or safety indication, including traffic and parking signs, and similar nonadvertising signs.

Sign, electronic changeable message. "Electronic changeable message sign" means a SIGN with a fixed or changing display composed of a series of lights, including LEDs and LCDs, that may be changed through electronic means, but not including time and temperature displays.

"Sign face" means the surface of a SIGN on which any advertising or identification message is placed.

Sign, flush. "Flush sign" means a building SIGN placed flat on the surface of a BUILDING wall, or fence, having only one SIGN FACE which is generally parallel to the surface on which the sign is placed.

Sign, freestanding. "Freestanding sign" means a SIGN placed directly on or in the ground or supported on a STRUCTURE standing directly on or in the ground, and fully detached from a BUILDING, wall or fence.

Sign, identification. "Identification sign" means a SIGN identifying a public or community use, MOBILE HOME PARK, MULTIPLE-FAMILY RESIDENTIAL DEVELOPMENT, office or shopping center, or similar use or group of uses, which sign is not designed to advertise any individual occupant or business activity.

Sign, illuminated. "Illuminated sign" means a SIGN having artificial lighting, either internal within the structure of the sign, or external from a light source directed toward the sign.

Sign, marquee. "Marquee sign" means a SIGN located beneath or on the face of an awning, marquee, canopy or covered walk.

Sign, monument. "Monument sign" means a FREESTANDING, self-supporting SIGN, supported by a base or foundation, which is placed on or at ground level and not attached to any BUILDING wall, fence or other STRUCTURE.

Sign, nameplate. "Nameplate sign" means a SIGN indicating only the name, address, occupation, or other identifying description pertaining to the occupant of a premises.

Sign, plaque. "Plaque sign" means an unlighted sign permanently attached to or built into a BUILDING wall giving information concerning the architect, date of construction, contractor, and similar information, or a sign identifying a structure as having architectural or historical significance.

Sign, pole. "Pole sign" means a FREESTANDING SIGN supported and separated from ground level by a singular upright pole, post, pylon or column which is secured to the ground and not to a BUILDING, wall, fence or other STRUCTURE.

Sign, political. "Political sign" means a TEMPORARY SIGN relating to a political candidate, or issue relating to an election, but not a political party.

Sign, portable. "Portable sign" means a SIGN not permanently affixed to a BUILDING, STRUCTURE, or to the ground, which is supported by wheels, adjustable framing, or otherwise designed for relocation, portability or movement.

Sign, post. "Post sign" means a FREESTANDING SIGN supported and separated from ground level by at least two (2) upright poles, posts, pylons or columns which are secured to the ground and not to a BUILDING, wall, fence or other STRUCTURE.

Sign, projecting. "Projecting sign" means a building SIGN extending outward from the BUILDING to which it is attached, and not otherwise defined as a ROOF SIGN or FLUSH BUILDING SIGN.

Sign, real estate. "Real estate sign" means a TEMPORARY, unlighted SIGN pertaining to the sale, lease, or rental of a SITE or other premises on which it is located.

Sign, roof. "Roof sign" means a SIGN located on or above the roof of a STRUCTURE, or located on a BUILDING wall and extending above the top of the wall or parapet of the building.

Sign, window. "Window sign" means a SIGN painted on, attached to, or displayed in the window area of a BUILDING, including signs inside the building intended for view from the outside.

"Single-family residence" means USE of a SITE for only one PRIMARY DWELLING and its allowed ACCESSORY USES, or for one PRIMARY DWELLING and one SECONDARY DWELLING and allowed ACCESSORY USES.

"Site" means a LOT or group of lots used together for a unified DEVELOPMENT.

"Site plan" means a scale drawing with complete dimensioning, showing the location of existing or proposed BUILDINGS, STRUCTURES, USES and other SITE DEVELOPMENT features.

"Sleeping unit" means a room or group of rooms in a group residential use, HOTEL or MOTEL, or similar land use or lodging for overnight occupancy on either a transient or long-term occupancy by one or more persons. Each two (2) persons' capacity shall be deemed a separate sleeping unit.

"Small collection recycling facility" means a center for the acceptance by donation, redemption or purchase, of RECYCLABLE MATERIALS from the public. The facility does not use power-driven processing equipment except as otherwise provided for in this title. The facility does not occupy more than five hundred (500) square feet, and may include: REVERSE VENDING MACHINES; mobile unit; BULK REVERSE VENDING MACHINES; kiosk-type units; and unattended containers placed for donation.

"Small family day care home." See definition assigned to DAY CARE HOME, SMALL FAMILY.

"Solid waste" means all putrescible and nonputrescible solid, semisolid, and liquid wastes such as, but not limited to garbage, rubbish, ashes, paper, industrial wastes, demolition and construction wastes, abandoned vehicles, vegetable matter, wood, but excluding HAZARDOUS WASTE. (Public Resources Code Section 40191(a))

"Solid waste facility" means any STRUCTURE, other appurtenances, and improvements on the land, and all contiguous land, used for the treatment, transfer, storage, disposal or recycling of SOLID WASTE.

"Solid waste transfer facility" means a SOLID WASTE FACILITY where SOLID WASTE is temporarily loaded, stored, packaged, unloaded and transported to another location.

Stables, commercial. "Commercial stables" means boarding, breeding or raising of horses not owned by the occupant of the premises. Typical uses include boarding stables, public stables, or riding academies.

Stables, private. "Private stables" means boarding, breeding or raising of livestock owned by the occupant of the premises or the owner of the property.

Street, private. "Private street" means a right-of-way, easement or other LOT, privately owned which affords the primary means of access to ABUTTING property.

Street, public. "Public street" means a dedicated or publicly accepted and maintained thoroughfare affording the primary means of access to ABUTTING property. The term "street" includes all land within the right-of-way thereof.

"Structure" means that which is built or constructed, or an edifice or BUILDING of any kind, or any piece of work artificially built up or composed of having parts joined together in some definite manner.

"Tattoo shop" means any place or establishment which is operated for the purpose of placing ink or other pigments into or under the skin or mucosa with needles or any other instruments used to puncture the skin, resulting in permanent coloration of the skin or mucosa.

"Temporary commercial building" means a pre-manufactured portable BUILDING that provides temporary office space.

"Temporary sign" is defined to include any sign, banner, pennant, valance or advertising display constructed of cloth, canvas, light fabric, plastic, cardboard, wall board, or other light materials with or without frames, with or without letters, words, numbers or figures thereon which directs, promotes, or attracts or which is otherwise designed and used to attract attention for a limited period of time.

"Temporary uses" means USES and activities when consistent with the purposes of this title, and are compatible with surrounding uses. See Chapter 17.32 of this title.

"Tobacco product" means any substance containing any tobacco leaf, including but not limited to, cigarettes, bidis, clove cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, and smokeless tobacco.

"Towing service/vehicle impound." A towing service means the business of towing motor vehicles for compensation in the town by means of a tow vehicle; and a vehicle impound means an area used for the temporary storage of towed vehicles by a towing service operator pending the return of the vehicle to its owner.

"Transportation service" means parking, storage, dispatching or incidental servicing for motor vehicles, other than as an ACCESSORY to a PRINCIPAL USE. Typical uses include taxi or ambulance dispatching, but exclude dismantling or salvage activities, auto and trailer rental agencies, and vehicle impound activities.

"Transportation terminal" means a facility for loading and interchange of passengers, baggage, and incidental freight or package express between modes of transportation, including bus terminals and public

transit facilities.

"Two-family residence" means USE of a SITE for two (2) DWELLING UNITS, either in the same BUILDING or in separate buildings, except when one of the dwelling units is a SECONDARY DWELLING.

"Use" means the conduct of an activity, or the performance of a function or operation, on a SITE or in a BUILDING, STRUCTURE or facility.

Use, accessory. "Accessory use" means a USE or activity which is incidental to and customarily associated with a specific PRINCIPAL USE on the same SITE.

Use, conditional. "Conditional use" means a USE potentially allowed within a particular DISTRICT solely on a discretionary basis; and subject to review and in accord with the provisions of this title.

Use, legal nonconforming. "Legal nonconforming use" means a lawful use of any land, building, or structure, that does not conform with town adopted and currently applicable land or use regulations, but which complied with the use regulations in effect at the time the use was established.

Use, nonconforming. "Nonconforming use" means an existing use of land or building that does not conform with the town or Butte County adopted land use regulations in effect at the time the use was established.

Use, permitted. "Permitted use" means an allowed USE within a particular DISTRICT and permitted within that district as a matter of right when conducted in accordance with the land use regulations of this title.

Use, principal. "Principal use" means a USE which fulfills the primary function of a household, establishment, institution, or other entity.

Utility service, major. "Major utility service" means generating plants, electrical switching facilities and primary substations, refuse collection or disposal facilities, water and wastewater treatment plants and similar facilities of public agencies or public or private utility entities.

Utility service, minor. "Minor utility service" means a facility or service installation of a public utility, municipality, special public district or private utility entity that is necessary to provide utility service to users in the general vicinity and requiring only minor structures such as lines, poles, transformers, control boxes and similar features.

"Value" or "valuation" means the estimated cost to replace a STRUCTURE in kind, based on current replacement costs.

"Variance" or "variance permit" means a permit that grants a minor modification or variation of the strict application of any of the provisions of this title when the strict application would deprive a property of privileges enjoyed by other property in the same vicinity, DISTRICT and ZONE. The variance definition shall not be construed as to permit those USES not permitted by the ZONE.

"Veterinary services" means medical care for dogs, cats, birds, horses and other animals which may or may not require an overnight treatment on the premises.

Warehousing and distribution, general. "General warehousing and distribution" means warehousing and distribution activities conducted partially or entirely in the open. Typical USES include monument or stone yards, and contractor's service and storage yards.

Warehousing and distribution, limited. "Limited warehousing and distribution" means wholesaling, bulk storage, distribution and handling of materials and equipment other than livestock, when all storage and services except parking and loading activities are conducted within a BUILDING. Typical USES include wholesale distributors, storage warehouses, and moving and storage firms.

"Wastewater treatment/disposal utility" shall mean a "small-scale" designed [i.e. service capacity of fifty thousand (50,000) gallons or less per day] wastewater collection, treatment, and reclamation or disposal system that provides service to a designated cluster of established wastewater generating land uses. This type of utility facility is typically owned and operated by a public entity.

"Yard" means a required OPEN SPACE extending from a LOT LINE into a LOT containing only LANDSCAPING and such other USES or STRUCTURES as permitted by this title.

"Front yard" means a required YARD extending the full WIDTH of a LOT between the front lot line and the front SETBACK LINE.

"Rear yard" means a required YARD extending the full width of a LOT between the rear lot line and the rear SETBACK LINE.

"Side yard" means a required YARD extending the depth of a LOT from the FRONT YARD to the REAR YARD, between the side LOT line and the side SETBACK LINE.

"Zone" means a specific set of land USE regulations as set forth in this chapter, and legally assigned to various DISTRICTS established and delineated on the ZONING MAP of the town.

"Zoning map" means a map adopted pursuant to the regulations of this title showing the boundaries of DISTRICTS within the Town of Paradise.

(Ord. No. 653, § 1, 1-13-2026, eff. 2-12-2026; Ord. No. 648, § 1, 9-9-2025, eff. 10-9-2025; Ord. No. 638, § 1, 11-12-2024, eff. 12-12-2024; Ord. No. 611, § 1, 10-12-2021; Ord. No. 594, § 1, 4-14-2020; Ord. No. 584, § 1, 11-12-2019; Ord. No. 579, §§ 1, 2, 10-8-2019, eff. 11-7-2019; Ord. No. 564, § 1, 11-7-2016; Ord. No. 556, § 1, 4-14-2015; Ord. No. 543, § 1, 7-8-2014; Ord. No. 534, § 1, 12-10-2013; Ord. No. 505, §§ 1, 2, 9- 14-2010; Ord. No. 503, § 1, 8-10-2010; Ord. No. 497, § 1, 4-13-2010; Ord. No. 495, § 1, 8-25-2009; Ord. No. 460, § 1, 4-10-2007; Ord. No. 444, § 1, 1-24-2006; Ord. No. 420, § 1, 6-8-2004; Ord. No. 411, §§ 1, 2, 2-10-2004; Ord. No. 405, §§ 1—3, 11-12-2003; Ord. No. 395, § 1, 2003; Ord. 362, § 1, 2001; Ord. 354, § 1, 2000; Ord. 353, § 1, 2000; Ord. 351, § 1, 2000; Ord. 344, § 1, 2000; Ord. 320, §§ 1—3, 1999; Ord. 308, § 1, 1998; Ord. 302, §§ 1, 2, 1998; Ord. 264, § 2(part), 1995; Ord. 227, §§ 2, 3, 1993; Ord. 214, § 2(part), 1992)

Chapter 17.05 - DISTRICT PROVISIONS

Zoning and zoning districts are established to promote patterns of land use consistent with the Paradise general plan, and to establish site development regulations and land use performance standards for each

zone that are appropriate to and compatible with the purposes of each district and to the land uses allowed therein. They are created to separate incompatible land uses, and to protect residents from adverse effects of other land uses common to other zones.

(Ord. 250, § 2(part), 1995; Ord. 214, § 2(part), 1992)

The following base zones and combining zones are established as depicted in Table 17.05.200. Zoning map code symbols, chapter numbers of this title, and the general plan land use designations with which each zone is consistent are established and indicated for reference within Table 17.05.200 as follows:

Table 17.05.200

SPECIFIC ZONES ESTABLISHED

• Note: Possibly consistent, subject to interpretation by the planning commission or the town council.

(Ord. 351, § 2, 2000; Ord. 348, § 1, 2000; Ord. 326, § 1, 1999; Ord. 250, § 2(part), 1995; Ord. 214, § 2(part), 1992)

A base zone shall apply to each lot, site or parcel within the town. Portions of a site may have different base zones regulating separate areas of a site as shown on the zoning map, provided that only one base zone shall apply to the same portion of a site. A combining zone may be applied to any site, or portion of a site, in addition to its base zone. (See Chapters 17.29 and 17.31).

(Ord. 250, § 2(part), 1995; Ord. 214, § 2(part), 1992)

A.

Zoning districts established by this title shall have the boundaries shown on the zoning map. The zoning map, together with all the legends, symbols, notations, references, district boundaries, and other information thereon, shall be a part of this title and is adopted concurrently herewith. (Government Code Section 65851)

B.

District boundaries and the applicable map code symbol for each district shall be shown on the zoning map in a manner sufficient to indicate the zoning district applicable to all property within the town. Areas subject to a combining zone shall be indicated by the map code symbol for the combining zone suffixed to the map code symbol for the base zone, e.g., RR/MH. (Government Code Section 65851)

C.

Changes in the boundaries of any district shall be made by ordinance adopted pursuant to the provisions of this title, and shall be reflected on the zoning map. Revisions and additions to base map data shown on the zoning map may be done administratively by the planning director or designee when such changes do not affect the designation or interpretation of district boundaries. (Government Code Section 65851)

D.

The zoning map may be prepared in sections as required to adequately portray the district boundaries. The zoning map may include supplemental zoning maps as required by this title. (Government Code Section

65851).

(Ord. 250, § 2(part), 1995; Ord. 214, § 2(part), 1992)

A.

When a lot or parcel is divided by a district boundary, the regulations applicable to each zoning district shall apply separately to each affected portion of the site.

B.

The following rules shall apply to the determination of district boundaries shown on the zoning map.

1.

Where boundaries are indicated as approximately following street lines or other identifiable property or boundary lines, such lines shall be construed to be the district boundary. Where the boundaries are indicated as within street lines, right-of-way, creeks or drainways, or similar features, the centerline thereof shall be construed to be the district boundary.

2.

Where a boundary divides a parcel, the location of the boundary shall be determined by the use of the scale appearing on the zoning map, unless indicated by dimensions.

3.

Map codes or symbols indicating the zoning classification of property shall apply to the whole of the area within the district boundaries.

4.

Where a public street, alley, easement, or right-of-way is vacated or abandoned, the zoning regulations applicable to abutting property shall apply equally to each half of the vacated area.

5.

When there is uncertainty as to the location or meaning of a zoning district boundary or other feature indicated on the zoning map, the planning director or if deemed necessary, the planning commission shall determine the location or meaning.

(Ord. 250, § 2(part), 1995; Ord. 214, § 2(part), 1992)

Chapter 17.06 - GENERAL SITE DEVELOPMENT REGULATIONS

The general site development regulations as set forth in this chapter are intended to govern the application and interpretation of the site development regulations applicable within each zone, and to establish

additional regulations and exceptions thereto. (Government Code Section 65850)

(Ord. 264, § 2(part), 1995; Ord. 214, § 2(part), 1992)

Distances between structures, or between a structure and a property line, right-of-way line or other line or location shall be measured to the exterior face of the nearest wall or vertical support of the structure. If a structure does not have a vertical wall or support, the point of measurement shall be determined by the planning director or designee, consistent with the purposes of this title.

(Ord. 264, § 2(part), 1995; Ord. 214, § 2(part), 1992)

17.06.210 - Lot area and dimensions.

A.

Purpose. Minimum lot regulations are established to ensure that sites in each district have sufficient area and dimensions to accommodate allowable uses, consistent with reasonable current standards for development for such uses and compatible with other uses in the district.

B.

Measurement of Area. Unless as otherwise established in this title, the area of a lot for purposes of compliance with minimum site development requirements shall be the area within bounding lot lines, but excluding any area which:

1.

Comprises the "stem" or "pole" portion of a flag or panhandle lot providing vehicular access to a street or road.

C.

Width. Minimum lot width may include any portion of a flag lot or traversing easement providing access to another lot.

D.

Minimum Area to be Maintained. No portion of the required area of a lot shall be used or considered as part of the required area for another lot. No lot shall be reduced in area, width or depth to less than the minimum requirement, except when such reduction results from partial acquisition for public use.

E.

Reductions Resulting from Public Acquisition. If a portion of a lot in any zoning district is acquired for public use in any manner including dedication, condemnation, or purchase, the remainder of such lot shall be considered as a complying lot, provided:

The remainder of such lot contains a rectangular space of at least fifty (50) feet by one hundred (100) feet, usable for a principal building, excluding required yards; and such lot has a remaining area of at least seventy-five (75) percent of the minimum requirement.

F.

Public and Utility Buildings. If a lot is devoted exclusively to public buildings and uses owned by a public agency, or to public utility facilities, and no living quarters are located on the lot, a reduced lot size may be authorized pursuant to the provisions of this title.

(Ord. 313, § 3(part), 1998; Ord. 264, § 2(part), 1995; Ord. 214, § 2(part), 1992)

17.06.300 - Residential density.

A.

Purpose. Residential density regulations are established to coordinate the intensity and amount of residential development with existing and planned public service and utility capabilities and to ensure residential development compatible with existing and anticipated uses of nearby property.

B.

Measurement. To determine the allowable density on a lot, the size shall contain sufficient gross or net area as required by its zone for each dwelling, and no credit shall be given for any remaining square footage less than the full amount required per dwelling unit.

C.

Density. A secondary dwelling shall be considered accessory to and part of the single-family use for purposes of determining the required site area per dwelling unit; however, it shall not be considered in determining the density on a lot or parcel.

(Ord. 264, § 2(part), 1995; Ord. 214, § 2(part), 1992)

17.06.400 - Floor area ratio.

A.

Purpose. Floor area ratio provisions are established to ensure that total floor area of buildings on a site shall be compatible with the size of the site and the purpose of the zone, and shall maintain compatibility of scale and bulk with buildings on other sites in the zoning district. Maximum floor area ratio provisions are primarily applicable to nonresidential uses and buildings that are not subject to density provisions.

B.

Measurement. Floor area shall be deemed the gross floor area of all buildings on a site, excluding the following: agricultural and horticultural greenhouses used for plant production.

(Ord. 313, § 3(part), 1998; Ord. 264, § 2(part), 1995; Ord. 214, § 2(part), 1992)

17.06.500 - Height.

A.

Purpose. Height limitations are established to ensure that buildings and structures shall not exceed heights generally compatible with the purposes of the zoning district and other land uses therein, and shall not unnecessarily impact the privacy, views, or desirability of adjoining sites.

B.

Height of Buildings. As applied to a building, the maximum permissible height shall be measured from an elevation derived from the average of the highest and lowest grade adjacent to the building, but not greater than five (5) feet above the lowest grade. The height of a stepped or terraced building is the maximum height of any segment of the structure.

C.

Linear Features. The height of linear features, such as fences, walls, screen plantings, or similar features shall be the average height measured from the grade to the highest portion of such feature at all points along the feature. For purposes of applying maximum or minimum requirements, a linear feature which has an average height for its entire length in conformity with such requirement and does not exceed the requirement by more than fifteen (15) percent at any point shall be deemed to comply.

D.

Exceptions. The following structures and features may exceed the maximum height for the zoning district in which they are located, subject to limits specified herein:

The following structures may exceed the height limit of any zone by not more than ten (10) feet:

1.

Parapet walls, chimneys, vents, and mechanical or safety features such as fire towers, stairway or elevator penthouses, and heating and cooling equipment;

2.

Ornamental or architectural features, such as towers, cupolas, domes and spires, when not designed for occupancy.

(Ord. 313, § 3(part), 1998; Ord. 264, § 2(part), 1995; Ord. 214, § 2(part), 1992)

17.06.600 - Yard and building/structure setback regulations.

A.

Purpose. Minimum yard and building setback requirements are established to ensure safety, light, air, privacy, building separation, and open areas appropriate to each land use and zoning district, and to minimize impacts of land uses and structures upon adjacent sites.

B.

Measurement. Minimum required yards and building setbacks shall be measured pursuant to applicable regulations. The setback area measured from private road easements or rights-of-way that are twenty (20) feet or less in width shall be a minimum of twenty-five (25) feet measured from the centerline within the easement or right-of-way.

C.

For a building site exceeding twenty-five (25) percent average slope the front yard setback from a townmaintained street shall be the right-of-way line, plus two (2) feet, unless the town engineer requires a greater setback distance.

D.

Interpretation. When unusual geometric shape, dimensions, and topography make the literal interpretation of yard, minimum lot width, and setback provisions impractical, the planning director shall determine the application of such provisions in a manner which is consistent with the purpose of this title.

E.

Use of Required Yards. Required yards shall be open and unobstructed above grade, except for structures and projections specifically allowed in this chapter. The following structures or features may be located in or projected into a required yard:

1.

Window sills, belt courses, cornices, flues and chimneys, eaves, air conditioning units and similar architectural projections may extend not more than two (2) feet into a required yard.

2.

Uncovered porches, steps, landings, and similar features located not more than two (2) feet above grade may extend not more than three (3) feet into a required yard.

3.

Required yards may be occupied by landscaping, ground level recreational facilities, sidewalks or pathways, driveways, and similar outdoor activities and features appurtenant to the use of the site.

4.

A non-open or solid fence up to six (6) feet in height above grade may be installed along property lines which do not abut a road or street, or beyond setback lines as required by the zone when the property line abuts a road or street. A non-open or solid fence not exceeding four (4) feet in height above grade may extend into the front yard setback area; and wrought iron and/or chain link fences up to six (6) feet in height above grade may extend into the front yard setback area. No fence shall be installed within public rights-ofway. Exclusive of the front yard setback area, fences to a maximum height of eight (8) feet above grade subject to procurement of town building permit issuance may be installed around recycling processing

facilities, a wastewater treatment/disposal utility facility, and/or legally established facilities that provide either scrap and salvage services or general vehicle/equipment storage or vehicle impoundment service.

5.

Except for the provisions of item No. 4 of this Subsection "E," a variance shall be required as set forth in Section 17.45.300 for fences exceeding six (6) feet in height above grade or for the installation of fences exceeding four (4) feet in height above grade in any front yard or general setback zone.

6.

No fence shall be installed within a private roadway easement unless all persons who have a legal right to use such private roadway easement have, in writing, consented to its installation.

F.

Front Yard and General Setback Zone. Except any land use permitted by the provisions of Title 5, Chapter 10.06, or Title 17 of this code, it is unlawful to display or place large merchandise and specifically motor vehicles, recreation vehicles, or appliances within a front yard or general setback zone.

(Ord. No. 543, §§ 2, 3, 7-8-2014; Ord. 375, § 1, 2002; Ord. 367, § 1, 2001; Ord. 313, § 3(part), 1998; Ord. 264, § 2(part), 1995; Ord. 214, § 2(part), 1992; Ord. No. 444, § 2, 1-24-2006)

Editor's note— Ord. No. 543, §§ 2 and 3, adopted July 8, 2014, amended § 17.06.600 by amending subsection E.4 and adding subsection E.6, but at the time of supplementation was not yet effective. Said ordinance shall take effect Aug. 7, 2014.

A.

Purpose. Site coverage regulations are intended to ensure that building coverage and impervious surface coverage of each site is compatible with the nature of uses allowable in each zone, and with environmental objectives of the general plan, and to avoid overcrowding of sites with buildings and impermeable surface materials.

B.

Building Coverage. Building coverage of a site shall be deemed the total area of all buildings and roofed or covered space on the site, expressed as a percent of total site area. Eaves and roof overhangs of a building shall be counted as building coverage.

C.

Impervious Coverage. Impervious coverage shall include all areas defined as building coverage, plus all paved surfaces and other site improvements contributing to surface runoff greater than would occur on the site in its natural state.

(Ord. 264, § 2(part), 1995; Ord. 214, § 2(part), 1992)

17.06.800 - Slope limitations.

A.

Purpose. Site development regulations modifying the basic provisions applicable to a steeply sloping site are intended to alleviate or mitigate potentially harmful effects of soil erosion, increased stormwater runoff, and excessive grading, and to ensure development that is consistent with acceptable environmental standards.

B.

See each zone for application of slope limitations.

(Ord. 264, § 2 (part), 1995; Ord. 214, § 2(part), 1992)

In all residential, commercial and/or community facilities/services zones, lighting fixtures shall be designed, established and maintained to reflect away from any adjoining or nearby residences within two hundred (200) feet; and to minimize glare and illumination onto adjoining or nearby properties.

(Ord. No. 414, § 1, 3-9-2004; Ord. 264, § 2(part), 1995)

A.

The establishment of those types of land uses and building/structure improvements listed within subsection B of this section upon real properties located in the 1994 Paradise general plan designated "scenic highway corridors" shall be prohibited.

B.

The establishment of new billboards; automotive sales and service (or repair); construction sales and service; cargo containers; convenience (mini-storage) facilities; outdoor vehicle and recreation equipment storage; utility service (major) facilities; outdoor storage of mobilehome(s) not legally permitted for human occupancy; and outdoor special sales including, but not limited to: art and craft shows/fairs, automobile/recreation vehicle sales, farmers market, flea markets, swap meets; and any other land uses deemed similar to the foregoing as determined by the planning director shall be prohibited in scenic highway corridors.

(Ord. No. 444, § 3, 1-24-2006; Ord. No. 395, § 2, 2003; Ord. 362, § 2, 2001; Ord. 347, § 1, 2000)

When a building permit for a new building or other permits required for modular buildings or mobilehomes are required for commercial, industrial or institutional uses, or multiple living (or dwelling) unit uses having four (4) or more such units per parcel (or lot), in addition to all other requirements set forth in the California Building Code as amended and adopted by reference in this code, the following shall be required:

A.

The establishment of a constructed area providing an enclosure for containers used to hold solid waste and/or recyclable materials for collection and loading.

(Ord. No. 442, § 1, 1-10-2006)

17.06.900 - Street setback and cul-de-sac regulations.

A.

Streets or roads temporarily dead ended but potentially planned for future extension shall be provided a turnaround facility in accordance with the design requirements set forth by a resolution adopted by the town council. Front yard setbacks as required via the provisions of this title shall be measured from either the centerline of the roadway or the centerpoint of the turnaround facility.

B.

Except as permitted by provisions within Title 16 (Subdivision Regulations) of the Paradise Municipal Code, the town of Paradise shall not process nor approve any "discretionary permit or project" advocating an increase of existing residential land use density upon any real property that is served access by either an existing or resultant cul-de-sac exceeding a maximum length of one thousand eight hundred (1,800) lineal feet.

(Ord. 326, § 2, 1999; Ord. 264, § 2(part), 1995; Ord. 214, § 2(part), 1992)

17.06.910 - Cargo containers.

A.

Intent. The intent of this section is to establish regulations for the long-term use of cargo containers on adequate sites to ensure that such land use is compatible with surrounding development.

B.

Applicability. The establishment or expanded long-term use of cargo containers as an accessory storage land use may be authorized in any zone except the multiple family residential (MF) and central business (CB) zoning districts, subject to the specific land use regulations within each zone, all other town-adopted development standards applicable to buildings, and all applicable land use standards set forth in subsection C. of this section.

C.

Land use standards. The following standards shall apply to all new or expanded long term (ex. year-round, multiple years, etc.) use of cargo containers for accessory storage purposes:

1.

Cargo containers placed outside the industrial service (IS) zone shall be positioned no closer to the front yard building setback line than the rearmost wall of the building occupancy to which the cargo container

serves as an accessory use.

2.

Cargo containers placed outside the industrial service (IS) zone shall not display company logos, names, graffiti or other alpha or numeric markings upon exterior surfaces and shall be painted the same color as the primary or largest building structure on the site.

3.

No more than one (1) cargo container per acre up to a maximum total of three (3) containers shall be placed upon a single property of record located within a "town residential" or "rural residential" zoning district; and not more than two (2) cargo containers per acre up to a maximum total of six (6) containers shall be placed upon a single property within other permissible zoning districts.

4.

Cargo containers shall be visually screened such that they are substantially obscured from view from abutting or nearby public and private property in a manner deemed satisfactory to the town planning director.

5.

Long term use and placement of cargo containers upon properties within the Paradise Redevelopment project area (RDA) shall be subject to discretionary review and approval, conditional approval, or denial of the town planning director.

6.

Cargo containers may be authorized as a temporary land use in any zone, subject to the regulations contained within Chapter 17.32 of this Title.

(Ord. No. 473, § 1, 12-11-2007; Ord. No. 420, § 2, 6-8-2004)

17.06.920 - Convenience storage (mini-storage) facilities.

A.

Intent. The intent of the regulations of this section is to establish convenience storage (mini-storage) facilities on adequate sites subject to development standards to ensure that such land use is compatible with surrounding development.

B.

Applicability. The establishment or expansion of convenience storage (mini-storage) facilities upon properties within the C-C and I-S zoning districts is potentially permitted subject to the specific land use regulations within each zone; and subject to all applicable development standards set forth in subsection C of this section.

C.

Development standards. The following standards shall apply to all new or expanded convenience storage (mini-storage) facilities:

1.

Except upon properties in the 1-S zone and located south of the northernmost intersection of "Old Clark Road" and State Highway 191, convenience storage (mini-storage) facilities shall not be established within any of the following locations:

A.

Within one hundred fifty (150) feet of the centerline of any Paradise General Plan classified "arterial" or "collector" road [ex. the Skyway, Bille, Clark, Pearson Roads, etc.], unless the development project meets all of the following criteria: 1) The development project includes a legally permitted "town revenue producing" commercial/retail component; and 2) The commercial/retail component is to be constructed and available for occupancy prior to or concurrent with the construction of the mini-storage facility.

B.

Within one hundred (100) linear feet of the "Paradise Memorial Trailway" land corridor.

C.

Within the boundaries of the town adopted "downtown revitalization master plan area."

D.

Within six hundred (600) linear feet of the boundaries of the "downtown revitalization master plan area" unless the development project meets all of the following criteria: 1) It is designed in accordance with the town's adopted "downtown design guidelines;" 2) The development project secures design approval from the town's "design review committee;" 3) The development project includes a legally permitted "town revenue producing" commercial/retail component; 4) The commercial/retail component is to be constructed and available for occupancy prior to or concurrent with the construction of the mini-storage facility; and 5) The commercial/retail component must be located upon the portion of the affected project site that is within two hundred (200) feet of the centerline of any Paradise General Plan classified "arterial" or "collector" road.

2.

Outdoor storage of boats, vehicles, or other materials shall not be permitted at convenience storage (ministorage) facilities that are adjacent to properties that are zoned for or developed with residential uses. Where outdoor storage is permitted, it shall be completely screened from view from adjoining streets or adjacent properties.

3.

The maximum building height shall be two (2) stories or twenty-five (25) feet, except that any building or portion of a building within twenty (20) feet of the side yard setback line shall have a maximum height of one story or fifteen (15) feet.

4.

Outdoor sales, washing, maintenance and repair of boats, vehicles, or other materials shall not be permitted.

5.

The required access aisles shall not be used for storage purposes.

6.

On and off-site improvements, including curb, gutter, sidewalk, pavement, streetlights, and street trees, shall be installed by the developer and said improvements shall meet town specifications.

7.

Building setbacks and landscaping greater than that required by other provisions of this code may be required if deemed necessary by either the planning commission or the planning director in order to make the convenience storage (mini-storage) facilities compatible with existing or prospective developments in the area.

8.

Except upon property in the I-S zone all convenience storage (mini-storage) facilities shall not be established with metal exterior sided buildings visible to a public roadway or abutting property adjacent to the facility and shall be constructed primarily of masonry, concrete, wood with stucco siding, or building material(s) deemed to be similar and acceptable by the planning director.

(Ord. 375, §§ 2, 3, 2002; Ord. 362, § 3, 2001)

17.06.930 - New or expanded commercial land use with metallic building(s).

A.

Intent: The intent of the provisions of this section is to establish new or expanded commercial land uses utilizing metallic building(s) upon sites subject to development standards to ensure that such buildings are aesthetically compatible with surrounding development.

B.

Applicability: The establishment of potentially permitted new or expanded commercial land uses with metallic building(s) upon properties within the CB, CC, NC, CF, and CS zoning districts shall be subject to all applicable development standards set forth in subsection C of this section.

C.

Development standards: The following standards shall apply to all new or expanded commercial land use(s) with metallic building(s):

The building design includes an exterior facade of quality brick, stone, wood, or building material(s) deemed similar and acceptable by the planning director that affects, at minimum, one-fourth (¼) of all surfaces, excluding glass, visible from a right-of-way and/or street or road access.

2.

The design incorporates architectural and aesthetic features that are determined to be compatible with the town's adopted "downtown design guidelines" by either the planning director or the Paradise Design Review Board.

3.

Building setbacks and landscaping greater than that required by other provisions of this code may be required if deemed necessary by either the Planning Commission or the planning director in order to make the design of metallic building facilities compatible with the design of existing or prospective building or use(s) in the area.

(Ord. No. 387, § 1, 2002)

17.06.940 - Exterior displays of merchandise in commercial zones.

A.

Purpose. Regulations affecting the outdoor display of merchandise are established so that outdoor merchandise displays have an appearance designed to attract and promote business and to avoid random placement of merchandise that lacks thematic continuity.

B.

Except as provided in this Section 17.06.940, it shall be unlawful to sell or display merchandise in the exterior area of a building in a commercial zone. Merchandise may be displayed in the exterior area of a building in a commercial zone only in conjunction with the following businesses, areas or activities:

1.

Automobile, boat, trailer, camper, motorcycle and construction equipment sales, rentals and outdoor furniture;

2.

Retail lumber yards, building materials and prefabricated storage sheds and carports;

3.

Fruit and vegetable stands possessing a valid town permit;

4.

Landscaping, statuary and horticultural plants, materials and supplies;

Vending and ice machines when located as an accessory to a permitted use;

6.

Gasoline pumps and accessory items when located on pump islands;

7.

Christmas tree sales;

8.

Special events permitted by town;

9.

Sale of newspapers and other printed material;

10.

Vendors permitted under Chapter 5.11 of this code;

Propane tanks;

Firewood sales;

Areas not visible from a public street;

14.

Outdoor special sales pursuant to Section 17.32.100.G;

15.

In the central business (CB) zone and community commercial (CC) zoned properties along Skyway between Pearson Road and the town limit and along State Route 191 (Clark Road) within the town, merchandise may be displayed only within five (5) feet of a single exterior building wall along no more than fifty (50) percent of the length of the wall.

16.

Businesses not displaying merchandise along building walls facing streets may display merchandise in enclosed exterior spaces located beyond building setbacks.

Merchandise may otherwise be displayed upon other commercial properties only within ten (10) feet of a single building wall.

C.

In no event shall merchandise be displayed within public rights-of-way, vehicle access ways, doorways for required pedestrian access or parking areas, unless expressly authorized pursuant to Chapter 17.32 of this title.

(Ord. No. 550, § 1, 12-9-2014; Ord. No. 546, § 1, 8-12-2014)

17.06.950 - Timber removal activities.

In all zones, tree or timber removal activities that are not specifically enumerated and defined as

"commercial timber harvesting" may be permitted as a land use activity subject to the provisions of Chapter 8.12 of the Code.

(Ord. 302, § 3, 1998)

17.06.960 - Railroad tie material in site structures.

A.

Purpose. The regulation of this section is intended to alleviate or mitigate a potential wildfire safety hazard to persons or property.

B.

Applicability. The use of any site structure composed of railroad tie material (or similar material treated with creosote and/or flammable fluid/liquid) shall be unlawful and prohibited.

(Ord. No. 579, § 3, 10-8-2019, eff. 11-7-2019)

17.06.970 - Post Camp Fire rebuild: Primary dwelling containing less than 750 square feet.

A.

Purpose. This section shall provide an interim time period during which affected property owner(s) may elect to rebuild a primary dwelling existing on November 8, 2018 consisting of less than seven hundred fifty (750) square feet.

B.

Development Standard. The following standard shall apply to property owner(s) who elect to rebuild a primary dwelling existing on November 8, 2018 consisting of less than seven hundred fifty (750) square feet:

1.

The rebuild dwelling design and resultant construction shall not be less than the prior existing primary dwelling floor area as depicted within the affected property Butte County Assessor record(s).

C.

Interim Time Period. The provisions and regulations of this Section 17.06.970 shall expire and be in no legal effect effective December 31, 2022.

(Ord. No. 579, § 4, 10-8-2019, eff. 11-7-2019)

17.06.980 - Post Camp Fire: Temporary commercial buildings.

A.

Purpose. The regulations of this section are intended to provide an alternative process and interim time period during which affected property owner(s) may opt to establish a temporary commercial land use building and/or structure.

B.

Applicability. The establishment of a temporary commercial land use building and/or structure may be authorized subject to: 1) the specific land use regulations within each zone; 2) shall be limited to those commercial land uses which have low wastewater demands and low average occupancies and only in conjunction with the following business land use activities:

1.

Construction sales and service (sale of building materials and building contracting services);

2.

Any other temporary commercial land use determined by the planning director as similar to the prior listed business land use activities.

C.

Development Requirements/Standards. Temporary commercial land use business activities that have secured land use authorization shall comply with the following requirements and standards prior to establishment of the temporary commercial building and/or structure:

1.

Applicant shall apply for and secure town approval and issuance of a temporary use permit pursuant to the provisions of Paradise Municipal Code Chapter 17.32 (Temporary Use Regulations).

2.

Applicant shall complete all the applicable temporary use permit "conditions of approval" prior to temporary commercial building and/or structure occupancy.

3.

Applicant shall apply for and secure town registration of a business license for subject temporary commercial business land use activity pursuant to the provisions of Paradise Municipal Code Chapter 5.22

(Business License).

D.

Interim Time Period. The provisions and regulations of this Section 17.980 shall expire and be in no legal effect effective December 31, 2022.

(Ord. No. 584, § 2, 11-12-2019)

Editor's note— Ord. No. 584 shall take effect thirty (30) days after the date of its passage/adoption.

17.06.990 - Secondary dwelling unit(s) in areas zoned to allow single-family or multiple family residential use.

A.

Where zoned as allowed, a "secondary dwelling" shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multiple-family dwelling is located or will be situated. A secondary dwelling also includes the following:

1.

An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code.

2.

A manufactured home, as defined in Section 18007 of the Health and Safety Code.

B.

Compliance Requirements/Standards. A permissible secondary dwelling is subject to the provisions of Section 65852.2 of the Government Code, including, but not limited to:

1.

The secondary dwelling may be rented separate from the primary residence but may not be sold or otherwise conveyed separate from the primary residence.

2.

The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing primary dwelling.

3.

Review and approval by the onsite sanitary official relative to the sewage disposal requirements of Paradise Municipal Code Chapter 13.04 where a private sewage disposal system is being used and/or proposed.

4.

The secondary dwelling is either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling.

5.

If there is an existing primary dwelling, the total floor area of an attached secondary dwelling shall not exceed fifty (50) percent net floor area of the existing primary dwelling, but in no case exceed eight hundred fifty (850) square feet or one thousand (1,000) square feet if the secondary dwelling contains more than one bedroom.

6.

The total floor area for a detached secondary dwelling shall not exceed eight hundred fifty (850) square feet or one thousand (1,000) square feet if the secondary dwelling contains more than one bedroom.

7.

No passageway shall be required in conjunction with the construction of a secondary dwelling.

8.

Parking requirements for secondary dwellings shall not exceed one parking space per secondary dwelling or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway.

9.

When a garage, carport, or covered parking structure is demolished in conjunction with the construction of a secondary dwelling or converted to a secondary dwelling the town shall not require that those off-street parking spaces be replaced.

10.

Not more than two (2) secondary dwellings that are located on a lot that has an existing multifamily dwelling but are detached from that multifamily dwelling and are subject to a height limit of sixteen (16) feet and four (4) feet rear yard and side yard setbacks.

11.

The town, special district, or water corporation shall not impose any impact fee upon the development of a secondary dwelling less than seven hundred fifty (750) square feet.

(Ord. No. 594, § 2, 4-14-2020)

Editor's note— Ord. No. 594 shall take effect thirty (30) days after the date of its passage/adoption.

More than one hundred (100) square feet of junk may not be stored in any zoning district if the planning director or the planning commission determines that such junk is a nuisance or provides a health or safety

hazard to persons or property. The storage of junk within a front yard or general setback zone shall be prohibited, except as permitted by this title.

(Ord. 313, § 3(part), 1998; Ord. 264, § 2(part), 1995; Ord. 214, § 2(part), 1992)

All land uses not specifically enumerated within adopted zoning district regulations assigned to a lot, parcel, or site (or portion thereof) shall be prohibited, except those which were lawfully created or established prior to the effective date of this title.

(Ord. 313, § 3(part), 1998; Ord. 264, § 2(part), 1995; Ord. 214, § 2(part), 1992)

Chapter 17.07 - ZONES

The zones set out in Chapters 17.08 through 17.31 of this title are established. The regulations set forth therein shall govern the land uses permitted and conditionally permitted within the districts so zoned. All uses of land within a district not specifically authorized or permitted by its zone and/or other provisions of this title are prohibited.

(Ord. 389, § 1, 2003; Ord. 214, § 2(part), 1992)

Chapter 17.08 - RESOURCE CONSERVATION (R-C) ZONE

The resource conservation (R-C) zone is intended for areas planned and deemed suitable to remain in their natural, primarily undeveloped state or to be used for open space and agricultural purposes. This zone classification can also be assigned to land areas that are planned and devoted to recreation use. The resource-conservation zone is consistent with the open-space/agricultural or the recreational land use designations of the Paradise general plan.

(Ord. 250, § 2(part), 1995; Ord. 214, § 2(part), 1992)

In the R-C zone the following land uses are permitted uses where indicated by the letter "P" and are uses permitted subject to town issuance of a conditional use permit where indicated by the letter "C." Uses where indicated by the letter "S" are permitted uses with town approval and issuance of a site plan review permit; and by the letter "A" are permitted uses with town approval and issuance of an administrative permit.

(Ord. No. 611, § 2, 10-12-2021; Ord. 436, §§ 1, 2, 6-14-2005; Ord. 344, § 2, 2000; Ord. 302, § 4, 1998; Ord. 250, § 2(part), 1995; Ord. 214, § 2(part), 1992)

17.08.300 - Site development regulations.

The following site development regulations apply within the resource conservation zone:

(Ord. 250, § 2(part), 1995; Ord. 214, § 2(part), 1992)

Chapter 17.10 - AGRICULTURAL-10 (AG-10) AND AGRICULTURAL-20 (AG-20) ZONES

The agricultural-10/20 (AG-10, AG-20) zones are intended for land areas planned and deemed suitable to remain in their natural, primarily undeveloped state or to be used for open space and agricultural purposes. Such land areas can also be deemed inappropriate for urban development due to steep slopes, a significant lack of public services, and a substantial desire to retain existing agricultural or open space characteristics. The agricultural-10 and agricultural-20 zones are consistent with the openspace/agricultural land use designation of the Paradise General Plan.

(Ord. 250, § 2(part), 1995; Ord. 214, § 2(part), 1992)

In the agricultural-10/20 zones, the following land uses are permitted where indicated by the letter "P"; and are uses permitted subject to town issuance of a conditional use permit where indicated by the letter "C." Uses where indicated by the letter "S" are permitted uses with town approval and issuance of a site plan review. Uses identified with the letter "A" are permitted land uses upon town approval and issuance of an administrative permit.

(Ord. No. 611, § 3, 10-12-2021; Ord. No. 564, § 2, 11-7-2016; Ord. No. 444, § 4, 1-24-2006; Ord. No. 426, § 1, 8-10-2004; Ord. No. 392, § 1, 2003; Ord. 349, §§ 1—3, 2000; Ord. 332, § 2, 1999; Ord. 302, § 5, 1998; Ord. 250, § 2(part), 1995; Ord. 214, § 2(part), 1992)

Agricultural uses include the following accessory uses, structures and activities, which are to be constructed after, or in conjunction with the principal permitted uses of the property. (Example: a residential garage can be constructed on a lot only if a dwelling is also on the lot, or a building permit for the dwelling is issued on or before the day a building permit for the garage is issued):

A.

Private garage and carport;

B.

Recreational activities and facilities for use by the residents on the site;

C.

Cabanas, gazebos, porches, patios and incidental household storage buildings;

D.

Radio and television antennas, and solar collectors;

E.

Home occupations complying with Chapter 17.33;

F.

Keeping of dogs, cats, potbelly pigs, or similar small domestic animals as household pets. (Refer to Chapter 6.28 of this code);

G.

Guest house;

H.

Composting.

(Ord. 250, § 2(part), 1995; Ord. 214, § 2(part), 1992)

The following site development regulations apply within the agricultural-10 and agricultural-20 zones:

(Ord. 250, § 2(part), 1995; Ord. 214, § 2(part), 1992)

A.

Home Occupations. Refer to Chapter 17.33.

B.

Sign Regulations. Refer to Chapter 17.37.

(Ord. 250, § 2(part), 1995; Ord. 214, § 2(part), 1992)

Chapter 17.11 - AGRICULTURAL RESIDENTIAL (AR) ZONES[[1]]

Footnotes:

--- ( 1 ) ---

Prior ordinance history: Ords. 214, 250, 302 and 308.

The agricultural residential (AR) zones are intended for land areas that are planned or are existing residential areas characterized by larger parcels and accessory agricultural land uses, including raising of livestock and other forms of agricultural production. The agricultural residential-1, agricultural residential-3, and the agricultural residential-5 zones are consistent with the agricultural-residential (A-R) land use designation of the Paradise general plan. The agricultural residential-3 and agricultural residential-5 zones are also consistent with the open-space/agricultural land use designation of the Paradise general plan.

(Ord. 348 § 2(part), 2000)

In the agricultural residential zones, the following land uses are permitted where indicated by the letter "P," and are uses permitted subject to town issuance of a conditional use permit where indicated by the letter "C." Uses indicated by the letter "S" are permitted uses with town approval and issuance of a site plan review. Uses identified with the letter "A" are permitted land uses upon town approval and issuance of an administrative permit.

• Density not applied if lot larger than three (3) acres.

** Use is permitted in association with an established on-site residence, or owner's residence on an adjoining property, and is subject to all applicable minimum requirements set forth in Chapter 17.35 Animal Regulations.

(Ord. No. 648, § 2, 9-9-2025, eff. 10-9-2025; Ord. No. 611, § 4, 10-12-2021; Ord. No. 594, § 3, 4-14-2020; Ord. No. 564, § 2, 11-7-2016; Ord. No. 496, § 1, 3-9-2010; Ord. No. 467, § 1, 8-14-2007; Ord. No. 460, § 2, 4-10-2007; Ord. 436, § 3, 6-14-2005; Ord. No. 392, § 2, 2003; Ord. 375 §§ 4, 5, 2002; Ord. 370 § 1, 2001; Ord. 349 §§ 4, 5, 2000; Ord. 348 § 2(part), 2000)

17.11.300 - Accessory uses.

Agricultural residential uses include the following accessory uses, activities and structures, which are to be constructed after, or in conjunction with the principal permitted uses of the property (example: a residential garage can be constructed on a lot only if a dwelling is also on the lot, or a building permit for the dwelling is issued on or before the day a building permit for the garage is issued):

A.

Private garage and carport;

B.

Recreational activities and facilities for use by the residents on the site;

C.

Cabanas, gazebos, porches, patios and incidental household storage buildings;

D.

Radio and television antennas, and solar collectors;

E.

Home occupations complying with Chapter 17.33;

F.

Keeping of dogs, cats, potbelly pigs or similar small domestic animals as household pets. (Refer to Chapter 6.28 of this code);

G.

Guest house;

H.

Composting.

(Ord. 348 § 2(part), 2000)

The following site development regulations apply within the agricultural residential zones:

(Ord. 348 § 2(part), 2000)

A.

Animals. On any site of less than five (5) acres in gross area, the keeping of livestock animals other than domestic household pets is subject to Chapter 17.35.

B.

Home occupations. Refer to Chapter 17.33.

C.

Mobile home provisions. Refer to Chapter 17.36.

D.

Sign regulations. Refer to Chapter 17.37.

E.

Large family day care home. Refer to Chapter 17.43 for applicable land use regulations.

(Ord. 370 § 2, 2001; Ord. 362, § 4, 2001)

Chapter 17.12 - RURAL RESIDENTIAL (RR) ZONES

The rural residential (RR) zones are intended for land areas that are planned or are existing single-family rural residential areas characterized by moderately large parcels and with residential densities that range from one to two (2) dwelling units per acre. The rural residential-1, rural residential-2/3, and rural residential1/2 zones are consistent with the rural/residential (R-R) land use designation of the Paradise general plan.

(Ord. 250 § 2(part), 1995)

In the rural residential zones, the following land uses are permitted where indicated by the letter "P," and are permitted subject to town issuance of a conditional use permit where indicated by the letter "C." Land uses indicated by the letter "S" are permitted uses with town approval and issuance of a site plan review. Uses identified with the letter "A" are permitted land uses upon town approval and issuance of an administrative permit.

*Note: The affected property site must be at minimum one acre or greater in net area size.

(Ord. No. 611, § 5, 10-12-2021; Ord. No. 564, § 2, 11-7-2016; Ord. No. 467, § 2, 8-14-2007; Ord. No. 460, § 3, 4-10-2007; Ord. No. 426 § 2, 9-28-2004; Ord. 389, § 2, 2003; Ord. 370, § 3, 2001; Ord. 349, § 6, 2000; Ord. 332, § 4, 1999; Ord. 310, § 1, 1998; Ord. 264, § 2(part), 1995; Ord. 250, § 2(part), 1995)

Rural residential uses include the following accessory uses, activities and structures, which are to be constructed after, or in conjunction with the principal permitted uses of the property (example: a residential garage can be constructed on a lot only if a dwelling is also on the lot, or a building permit for the dwelling is issued on or before the day a building permit for the garage is issued):

A.

Private garage and carport;

B.

Recreational activities and facilities for use by the residents on the site;

C.

Cabanas, gazebos, porches, patios and incidental household storage buildings;

D.

Radio and television antennas, and solar collectors;

E.

Home occupations complying with Chapter 17.33;

F.

Keeping of dogs, cats, potbelly pigs, or similar small domestic animals as household pets. (Refer to Chapter 6.28 of this code);

G.

Guest house;

H.

Composting.

(Ord. 250, § 2(part), 1995)

The following site development regulations apply within the rural residential zones:

(Ord. No. 392, § 3, 2003; Ord. 250, § 2(part), 1995)

A.

Animals. For property within a zoning district of rural residential-1, rural residential-2/3, or rural residential1/2 and having one acre or greater in net area size the keeping of livestock animals other than domestic household pets is subject to the provisions of Chapter 17.35.

B.

Home Occupations. Refer to Chapter 17.33.

C.

Mobile Home Park Standards. Refer to Chapter 17.34.

D.

Mobile Home Provisions. Refer to Chapter 17.36.

E.

Sign Regulations. Refer to Chapter 17.37.

F.

Parking Requirements. Refer to Chapter 17.38.

G.

Large Family Day Care Home. Refer to Chapter 17.43 for applicable land use regulations.

(Ord. 332, § 5, 1999; Ord. 250, § 2(part), 1995)

Chapter 17.14 - TOWN RESIDENTIAL (TR) ZONES

The town residential (TR) zones are intended for land areas that are planned or are existing single-family residential areas characterized by small sized (one-half (½) gross acre or less) parcels and the absence of accessory rural land uses, particularly the keeping of livestock. The town residential-1, town residential-1/2 and town residential-1/3 zones are consistent with the town residential (T-R) land use designation of the Paradise general plan.

(Ord. 250 § 2(part), 1995; Ord. 214 § 2(part), 1992)

In the town residential zones, the following land uses are permitted uses where indicated by the letter "P" and are uses permitted subject to town issuance of a conditional use permit where indicated by the letter "C." Uses indicated by the letter "S" are permitted uses with town approval and issuance of a site plan review. Uses identified with the letter "A" are permitted land uses upon town approval and issuance of an administrative permit.

• Note: The affected property site must be at minimum, one acre or greater in net area size.

(Ord. No. 611, § 6, 10-12-2021; Ord. No. 564, § 2, 11-7-2016; Ord. 389, § 3, 2003; Ord. 349, § 7, 2000; Ord. 332, § 6, 1999; Ord. 250, § 2(part), 1995; Ord. 214, § 2(part), 1992)

Town residential uses include the following accessory uses, activities and structures, which are to be constructed after, or in conjunction with the principal permitted uses of the property (example: a residential garage can be constructed on a lot only if a dwelling is also on the lot, or a building permit for the dwelling is issued on or before the day a building permit for the garage is issued):

A.

Private garage and carport;

B.

Recreational activities and facilities for use by the residents on the site;

C.

Cabanas, gazebos, porches, patios and incidental household storage buildings;

D.

Radio and television antennas, and solar collectors;

E.

Home occupations complying with Chapter 17.33;

F.

Keeping of dogs, cats, potbelly pigs, or similar small domestic animals as household pets. (Refer to Chapter 6.28 of this code);

G.

Guest house;

H.

Composting.

(Ord. 250, § 2(part), 1995; Ord. 214, § 2(part), 1992)

17.14.400 - Site development regulations.

The following site development regulations apply within the town residential zones.

(Ord. 250, § 2(part), 1995; Ord. 214, § 2(part), 1992)

A.

Animals. For property within a zoning district of town residential-1, town residential-1/2, or town residential1/3 and having one acre or greater in net area size the keeping of livestock animals other than domestic household pets is subject to the provisions of Chapter 17.35.

B.

Home Occupations. Refer to Chapter 17.33.

C.

Mobile Home Park Standards. Refer to Chapter 17.34.

D.

Mobile Home Provisions. Refer to Chapter 17.36.

E.

Sign Regulations. Refer to Chapter 17.37.

F.

Parking Requirements. Refer to Chapter 17.38.

G.

Large Family Day Care Home. Refer to Chapter 17.43 for applicable land use regulations.

(Ord. 332, § 7, 1999; Ord. 250, § 2(part), 1995; Ord. 214, § 2(part), 1992)

Chapter 17.17 - MULTIPLE-FAMILY RESIDENTIAL (M-F) ZONE

The multiple-family residential (M-F) zone is intended for land areas that are planned or are existing multiple-family residential areas. Dependent upon the presence and application of constraints, maximum potential residential densities shall not exceed ten (10) dwelling units per acre and seven (7) dwelling units per acre within mobile home parks. The multiple-family residential zone is consistent with the multi-family residential (M-R) land use designation of the Paradise general plan.

(Ord. 250, § 2(part), 1995; Ord. 214, § 2(part), 1992)

In the multiple-family residential zone the following land uses are permitted where indicated by the letter "P," and are uses permitted subject to town issuance of a conditional use permit where indicated by the letter "C." Uses indicated by the letter "S" are permitted uses with town approval and issuance of a site plan review. Uses identified with the letter "A" are permitted land uses upon town approval and issuance of an administrative permit.

(Ord. No. 611, § 7, 10-12-2021; Ord. No. 594, §§ 4, 7, 4-14-2020; Ord. No. 564, § 2, 11-7-2016; Ord. No. 483, § 1, 6-10-2008; Ord. No. 467, § 3, 8-14-2007; Ord. 436, § 4, 6-14-2005; Ord. 389, § 4, 2003; Ord. 354, § 2, 2000; Ord. 310, § 2, 1998; Ord. 250, § 2(part), 1995; Ord. 214, § 2(part), 1992)

Editor's note— Ord. No. 594 shall take effect thirty (30) days after the date of its passage/adoption.

Multiple-family residential uses include the following accessory uses, activities and structures, which are to be constructed after, or in conjunction with the principal permitted land uses of the property:

A.

Private garage and carport;

B.

Recreational activities and facilities for use by the residents on the site;

C.

Cabanas, gazebos, porches, patios, and incidental household storage buildings;

D.

Radio and television antennas, and solar collectors;

E.

Home occupations complying with Chapter 17.33;

F.

Keeping of dogs, cats, potbelly pigs or similar small domestic animals as household pets. (Refer to Chapter 6.28 of this code);

G.

Parking facilities, including carport;

H.

Group laundry facilities for a unified development;

I.

Guest house;

J.

Large family day care homes complying with the land use regulations of Chapter 17.43.

(Ord. 250 § 2(part), 1995; Ord. 214 § 2(part), 1992)

The following regulations apply within the M-F zone:

*Note: Density potentially permitted only if served by an approved clustered wastewater treatment and disposal system.

(Ord. No. 467, § 4, 8-14-2007; Ord. No. 392, § 4, 2003; Ord. 389, § 4, 2003; Ord. 362, § 5, 2001; Ord. 250, § 2(part), 1995; Ord. 214, § 2(part), 1992)

A.

Site Coverage Modification. On any site having an average slope greater than ten (10) percent, the maximum allowable impervious coverage shall be reduced by the following schedule.

B.

Animals. The keeping of livestock animals other than domestic household pets is prohibited within an "MF" zoning district.

C.

Home Occupations. Refer to Chapter 17.33.

D.

Mobile Home Park Standards. Refer to Chapter 17.34.

E.

Mobile Home Provisions. Refer to Chapter 17.36.

F.

Sign Regulations. Refer to Chapter 17.37.

G.

Parking Regulations. Refer to Chapter 17.38.

(Ord. 250 § 2(part), 1995; Ord. 214 § 2(part), 1992)

Chapter 17.20 - NEIGHBORHOOD-COMMERCIAL (N-C), CENTRAL-BUSINESS (C-B) AND COMMUNITYCOMMERCIAL (C-C) ZONES

The following purposes apply to the specific commercial zones.

A.

The neighborhood-commercial zone is intended for land areas that are characterized by existing and planned neighborhood and locally oriented commercial retail and service uses. This zone is primarily applied to small sites adjacent to residential neighborhoods and along designated arterial or collector

streets. The neighborhood-commercial zone is consistent with both the neighborhood-commercial (N-C) and the town-commercial (T-C) land use designations of the Paradise general plan.

B.

The central-business zone is intended for land areas located within the central commercial (downtown or core) area of Paradise and that provide for commercial retail and service uses, public uses, professional and administrative office uses, and multiple-family residential uses. The central-business zone is consistent with the central-commercial (C-C) land use designation of the Paradise general plan and it is potentially consistent with the town-commercial (T-C) Paradise general plan land use designation. Within the centralbusiness zone, the Walkable Downtown Core (WDC) shall be established by this title and have the boundaries shown on the Walkable Downtown Core map which is adopted concurrently herewith.

C.

The community-commercial zone is intended for land areas that are planned or are providing a full range of locally and regionally oriented commercial land uses, including retail, retail centers, wholesale, storage, hotels and motels, restaurants, service stations, automobile sales and service, professional and administrative offices, etc. Dependent upon the presence and application of constraints, maximum

potential residential densities shall not exceed ten (10) dwelling units per acre. The community-commercial zone is consistent with the town-commercial (T-C) land use designation of the Paradise general plan and it is potentially consistent with the community-service (C-S) Paradise general plan land use designation.

(Ord. No. 644, § 2, 3-11-25, eff. 4-10-2025; Ord. No. 495, § 2, 8-25-2009; Ord. 250 § 2(part), 1995; Ord. 214 § 2(part), 1992)

In the neighborhood-commercial, central-business, community commercial zones, and the walkable downtown core, the following land uses are permitted where indicated by the letter "P," and are uses permitted subject to town issuance of a conditional use permit where indicated by the letter "C." Uses indicated by the letter "S" are permitted uses with town approval and issuance of a site plan review. Uses identified with the letter "A" are permitted land uses upon town approval and issuance of an administrative permit.

g land uses are permitted where indicated by the letter "P," and are uses permitted subject to town issuance of a conditional use permit where indicated by the letter "C." Uses indicated by the letter "S" are permitted uses with town approval and issuance of a site plan review. Uses identified with the letter "A" are permitted land uses upon town approval and issuance of an administrative permit.

* Refer to Chapter 17.40.

(Ord. No. 644, § 3, 3-11-2025, eff. 4-10-2025; Ord. No. 611, § 8, 10-12-2021; Ord. No. 564, § 2, 11-7-2016; Ord. No. 503, §§ 2—4, 8-10-2010; Ord. No. 460, §§ 4, 5, 4-10-2007; Ord. No. 426 § 3, 9-28-2004; Ord. No. 411, § 3, 2-10-2004; Ord. No. 405, §§ 4—9, 11-12-2003; Ord. 384, § 1, 2002; Ord. 362, § 6, 2001; Ord. 354, §§ 3, 4, 2000; Ord. 351, § 3, 2000; Ord. 349, §§ 8—10, 2000; Ord. 332, § 8, 1999; Ord. 310, § 3, 1998; Ord. 250, § 2(part), 1995; Ord. 214 § 2(part), 1992)

17.20.300 - Accessory uses—Commercial.

Commercial uses include the following accessory uses, activities and structures:

A.

Any commercial use that is not listed as a permitted use in the same zone, and complies with the following criteria:

1.

Is operated primarily for the convenience of employees, clients or customers of the principal use;

2.

Occupies less than thirty-five (35) percent of the total developed area of the principal use;

3.

Is located and operated as an integral part of the principal use and does not comprise a separate business use or activity;

B.

Any industrial use that is not listed as a permitted use in the same zone, and which complies with the criteria listed in subsection A of this section, and is not located in any "N-C" or "C-B" zoning district;

C.

Keeping of dogs, cats, potbelly pigs or similar small domestic animals as household pets (see Chapter 6.28 of this code).

D.

Secondary dwelling. Refer to Section 17.06.990.B.10.

(Ord. No. 594, § 5, 4-14-2020; Ord. No. 426 § 4, 9-28-2004; Ord. 351, § 4, 2000; Ord. 250, § 2(part), 1995; Ord. 227, § 4, 1993; Ord. 214, § 2(part), 1992)

Editor's note— Ord. No. 594 shall take effect thirty (30) days after the date of its passage/adoption.

The following site development regulations apply within the commercial zones:

*Note: Density potentially permitted only if served by an approved clustered wastewater treatment and disposal system.

(Ord. No. 495, § 3, 8-25-2009; Ord. No. 467, § 5, 8-14-2007; Ord. 382, § 4, 2002; Ord. 362, § 1, 2001; Ord. 250, § 2(part), 1995; Ord. 214, § 2(part), 1992)

17.20.500 - Drive-in services.

A.

Any land use having a drive-in service shall be subject to site plan review pursuant to the regulations of Section 17.45.400. The town may require adequate traffic circulation, vehicle queue lanes, and conditions to minimize impacts of the drive-up feature on abutting land uses.

B.

This section shall apply to drive-through food and beverage service windows, drive-up banking windows, drive-through car-washing facilities, and similar uses, but shall not apply to automobile service stations.

(Ord. 250, § 2(part), 1995; Ord. 214, § 2(part), 1992)

17.20.600 - Other provisions.

A.

Mobile Home Provisions. Refer to Chapter 17.36.

B.

Sign Regulations. Refer to Chapter 17.37.

C.

Parking Requirements. The off-street parking and loading regulations of Chapter 17.38 shall be applicable to any new land use, expanded land use, new building or building addition established upon real properties located within the N-C or C-C zoning districts. Except for the parking facility design requirements and standard regulations of Sections 17.38.900, 17.38.1100 and 17.38.1150, the regulations of Chapter 17.38 shall not be applicable to land usage or development of real properties located within the C-B (centralbusiness) zoning district.

(Ord. 319, § 1, 1999; Ord. 250, § 2(part), 1995; Ord. 214, § 2(part), 1992)

Chapter 17.23 - INDUSTRIAL-SERVICE (I-S) ZONE

The industrial-service zone is intended for land areas that will provide for light industrial and manufacturing uses, warehouses, intensive nonretail commercial uses, public uses, etc. Development standards reflect the

service and industrial characteristics of the zoning district. The industrial-service zone is consistent with the light-industrial (L-I) land use designation of the Paradise General Plan.

(Ord. 250, § 2(part), 1995; Ord. 214, § 2, 1992)

In the industrial service zone, the following land uses are permitted where indicated by the letter "P," and are uses permitted subject to town issuance of a conditional use permit where indicated by the letter "C." Uses indicated by the letter "S" are permitted uses with town approval and issuance of a site plan review. Uses identified with the letter "A" are permitted land uses upon town approval and issuance of an administrative permit.

* Refer to Chapter 17.40.

(Ord. No. 611, § 9, 10-12-2021; Ord. No. 503, §§ 5, 6, 8-10-2010; Ord. No. 426 §§ 5, 6, 9-28-2004; Ord. 370 § 4, 2001; Ord. 362 § 8, 2001; Ord. 354 § 5, 2000; Ord. 351 § 5, 2000; Ord. 349 §§ 11, 12, 2000; Ord. 344 § 3, 2000; Ord. 250 § 2(part), 1995; Ord. 214 § 2, 1992)

Editor's note— Ord. No. 503, adopted Aug. 10, 2010, shall take effect 30 days after the date of its passage.

Industrial uses include the following accessory uses, activities and structures:

A.

Any commercial or industrial use that is not a permitted use in the same district, and complies with the following criteria:

1.

Is operated primarily for the convenience of employees, clients or customers of the principal use,

2.

Occupies less than thirty-five (35) percent of the developed area of the principal use,

3.

Is located and operated as an integral part of the principal use and does not comprise a separate business use or activity.

B.

Keeping of dogs, cats, potbelly pigs or similar small domestic animals as household pets (see Chapter 6.28 of this code).

(Ord. No. 426 § 7, 9-28-2004; Ord. 351 § 6, 2000; Ord. 250 § 2(part), 1995; Ord. 214 § 2, 1992)

The following site development regulations apply within the industrial-service zone:

(Ord. 250 § 2(part), 1995; Ord. 214 § 2, 1992)

A.

Any use allowed or conditionally allowed by this zone having a drive-in service, shall be subject to site plan review pursuant to the regulations of Section 17.45.400. The town may establish conditions to assure adequate traffic circulation and vehicle queue lanes, and may so condition the use to minimize impacts of the drive-up feature on abutting land uses.

B.

This provision shall apply to drive-through food and beverage service windows, drive-up banking windows, drive-through car washing facilities, and similar uses, but shall not apply to automobile service stations.

(Ord. 250 § 2(part), 1995; Ord. 214 § 2, 1992)

A.

Sign Regulations. Refer to Chapter 17.37.

B.

Parking Requirements. Refer to Chapter 17.38.

(Ord. 250 § 2(part), 1995; Ord. 214 § 2, 1992)

Chapter 17.26 - COMMUNITY-FACILITIES (C-F) COMMUNITY-SERVICES (C-S) ZONES

The community-facilities (C-F) and community-services (C-S) zones are intended for land areas that are planned to or already provide for public and public institutional land uses or private land uses which serve a community purpose or benefit the community. The community-facilities zone is consistent with the publicinstitutional (P-I), community-service (C-S), and recreational (R) land use designations of the Paradise general plan. The community-services zone is consistent with the community-service (C-S) and recreational (R) land use designations of the Paradise general plan. In addition, the community-services zone is potentially consistent with the multi-family residential (M-R) land use designation of the Paradise general plan.

(Ord. 250 § 2(part), 1995; Ord. 214 § 2(part), 1992)

The following land uses are permitted where indicated by the letter "P," and are uses permitted subject to town issuance of a conditional use permit where indicated by the letter "C." Uses indicated by the letter "S" are permitted uses with town approval and issuance of a site plan review. Uses identified with the letter "A" are permitted land uses upon town approval and issuance of an administrative permit.

* Refer to Chapter 17.40

(Ord. No. 611, § 10, 10-12-2021; Ord. No. 594, §§ 6, 7, 4-14-2020; Ord. No. 564, § 2, 11-7-2016; Ord. No. 495, § 4, 8-25-2009; Ord. No. 460, § 6, 4-10-2007; Ord. No. 426 § 8, 9-28-2004; Ord. No. 411, § 4, 2-102004; Ord. 370 § 5, 2001; Ord. 362 § 9, 2001; Ord. 354 § 6, 2000; Ord. 349 §§ 13, 14, 2000; Ord. 332 § 9, 1999; Ord. 310 § 4, 1998; Ord. 250 § 2(part), 1995; Ord. 227 § 5, 1993: Ord. 214 § 2(part), 1992)

Editor's note— Ord. No. 594 shall take effect thirty (30) days after the date of its passage/adoption.

Community uses include accessory uses and activities that are necessarily and customarily associated with the purpose and function of the community use, including but not limited to the following:

A.

Refreshment, food and beverage sales of a convenience nature, operated in association with uses involving public assembly;

B.

Cafeterias, dining halls, and similar uses operated incidental to principal uses primarily for the convenience of employees, residents, students, clients, patients or visitors;

C.

Gift shops, newsstands and similar commercial activities operated incidental to principal uses primarily for the convenience of employees, residents, clients, patients or visitors.

(Ord. 250, § 2(part), 1995; Ord. 214, § 2(part), 1992)

The following site development regulations shall apply within the community-facilities and the communityservices zones:

*Note: The requirement is forty (40) feet (from centerline) for properties in the "CF" and "CS" zoning districts located within the town adopted "Downtown Revitalization Master Plan Area".

**Second Note: Density potentially permitted only if served by an approved clustered wastewater treatment and disposal system.

(Ord. No. 495, § 5, 8-25-2009; Ord. No. 467, § 6, 8-14-2007; Ord. No. 392, § 5, 2003; Ord. 382, § 5, 2002; Ord. 362, § 10, 2001; Ord. 250, § 2(part), 1995; Ord. 214, § 2(part), 1992)

A.

Sign Regulations. Refer to Chapter 17.37.

B.

Parking Requirements. Refer to Chapter 17.38.

(Ord. 250, § 2(part), 1995; Ord. 214, § 2(part), 1992)

Chapter 17.29 - PLANNED DEVELOPMENT COMBINING (P-D) ZONE

The purpose of the planned development combining zone is to allow the establishment of planned developments with flexibility in the design of development projects; and to promote economical and efficient use of the land, an increased level of urban amenities, and preservation of the natural environment; and to provide for phased completion of planned-development projects.

(Ord. 264, § 2(part), 1995; Ord. 214, § 2(part), 1992)

The planned development combining zone may be combined only with R-C; AR-1; AR-3; AR-5; RR-1; RR2/3; RR-1/2; TR-1; TR-1/2; TR-1/3; M-F; N-C; C-B; C-C; C-F; C-S; and the I-S zones.

(Ord. No. 483, § 2, 6-10-2008; Ord. 351, § 7, 2000; Ord. 264, § 2(part), 1995; Ord. 214, § 2(part), 1992)

Prior to application, the prospective applicant should consult with the planning director to obtain information and guidance before entering into binding commitments or incurring substantial expense in the preparation of plans, surveys and other data.

(Ord. 264, § 2(part), 1995; Ord. 214, § 2(part), 1992)

A planned development combining zone shall include a minimum of two (2) acres, under single ownership or otherwise subject to unified planning, construction and management. Except affected properties within any town established M-F, C-C, or C-S zoning district, any land division "concept plan" that is submitted as the basis and in conjunction with application for a planned development combining zone shall comply with the following design standard:

A.

The design of the proposed planned development land division "concept plan" shall not create resultant lots with a net lot size that is less than fifty (50) percent of the minimum lot size requirement of the base zoning district(s) to which the planned development zone is to be combined.

(Ord. No. 414, § 2, 3-9-2004; Ord. No. 405, § 10, 11-12-2003; Ord. 264, § 2(part), 1995; Ord. 214, § 2(part), 1992)

A.

Application for a planned development combining zone shall be made pursuant to the provisions of Chapter 17.45 of this title. The applicant shall include on the application or the plot plan as applicable and appropriate the following information:

1.

Existing topography and the approximate location of significant buildings, improvements, and natural or environmental features on the property and adjacent land within one hundred (100) feet;

2.

The current general plan land use designation, the current zoning, and the current land use in the proposed P-D combining zone and adjacent land within one hundred (100) feet;

3.

A general land use plan showing proposed uses to be developed on the site, supported by projected acreage, population, housing units, building floor area, employment, or related planning and development data;

4.

A general facility plan showing the approximate location of existing and proposed streets, pedestrian ways, and circulation features; proposed public utility services and facilities; and proposed public or community facilities and uses.

B.

The applicant shall submit a concept plan which shall contain a descriptive written statement indicating the following:

1.

The manner in which the proposed development will be in accord with the general plan;

2.

Architectural and environmental design qualities to be attained;

3.

A general description of proposed land use regulations, site development regulations and performance standards sufficient to govern subsequent development, including but not limited to the following:

a.

Allowable land uses,

b.

Maximum and/or minimum regulations governing residential density, building floor area, height, coverage, lot size and dimensions, setbacks and open spaces, landscaping, signs, architectural design, and other features of the development,

c.

Conditions, covenants and restrictions, and proposed means of management and continued maintenance and operation of common facilities;

4.

A general phasing plan and schedule, indicating the anticipated time for beginning of construction and completion of each phase of development;

5.

Evidence that the applicant has sufficient control over the land to effectuate the proposed plan.

(Ord. 264 § 2(part), 1995; Ord. 214 § 2(part), 1992)

17.29.600 - Action by the planning commission.

A.

The planning commission shall review and act on the application in accordance with applicable regulations set forth in the town Code.

B.

The planning commission may request additional information from the applicant when, in its opinion, there are substantial issues or significant public concerns requiring such information in order to act on the application. In such cases, the planning commission shall continue the public hearing for such time as is

reasonable for preparation of the requested information. Such additional information may include but is not limited to the following:

1.

A housing market analysis demonstrating the demand and marketability of proposed residential uses;

2.

A commercial market analysis for any proposed shopping center or major commercial use, showing the need for such uses and the inadequacy of existing sites to meet this need;

3.

A traffic analysis demonstrating that existing and proposed facilities will adequately serve the transportation need generated by the development.

C.

The planning commission may recommend changes in the draft concept plan, and forward such recommended changes to the town council with its recommendation regarding establishment of the "P-D" combining zone.

(Ord. 264 § 2(part), 1995; Ord. 214 § 2(part), 1992)

A.

The town council shall consider the application and draft concept plan, together with the recommendation of the planning commission, as provided by the provisions of Chapter 17.45 of this title.

B.

The town council may approve a planned development combining zone if it finds that:

1.

The proposed zoning district and the concept plan, as recommended by the planning commission, or as modified by the town council, is consistent with the general plan and with the purposes of this title. Any substantial modification to the concept plan by the town council which has not been reviewed by the planning commission shall be returned to the planning commission for its review;

2.

The proposed zoning district and all uses therein shall be compatible and complementary to existing and potential development in the general vicinity.

C.

An ordinance establishing a planned development combining zone, if enacted by the town council, shall incorporate the concept plan for the district as approved by the town council.

D.

Each planned development combining zone shall be shown on the zoning map by the letters "P-D," and identified sequentially by order of enactment and reference to the enacting ordinance.

(Ord. 264, § 2(part), 1995; Ord. 214, § 2(part), 1992)

Any P-D combining zone/district created after the effective date of the ordinance codified in this title shall expire after three (3) years from its approval date by the town council if the proposed uses thereon are not established. If any P-D combining district expires, the zoning (or its current equivalent) which existed prior to the adoption of the P-D district shall be in full force and effect.

(Ord. 264, § 2(part), 1995; Ord. 214, § 2(part), 1992)

The approval date for a P-D combining zoning district approved after the effective date of the ordinance codified in this title, shall be the date of the final action of the town council approving the rezone.

(Ord. 264, § 2(part), 1995; Ord. 214, § 2(part), 1992)

A.

A concept plan or a development plan may be amended under the same procedures applicable to initial approval and as specifically provided by the rezoning procedures of Chapter 17.45 of this title. An amendment may be initiated by the planning commission or the town council, or by the original applicant or a successor thereto having a continuing controlling interest in development or management of uses within the planned development combining zone/district.

B.

Minor revisions or modifications not increasing the density or intensity of the project and which would not adversely affect off-site property, may be approved by the planning director if it is determined that the circumstances or conditions applicable at the time of original approval remain valid and that changes would not affect any required findings.

(Ord. 264, § 2(part), 1995; Ord. 214, § 2(part), 1992)

Chapter 17.30 - SHORT-TERM RENTALS

The purpose of these regulations is to ensure that short-term rentals located in the town are compatible with the neighborhood in which they are located and do not create an adverse impact on adjacent properties through the establishment of an appropriate permitting process and standards for the short-term rental of residential dwelling units.

(Ord. No. 625, § 1, 5-9-2023, eff. 6-8-2023)

For the purposes of this chapter, the following short-term rental facilities are established:

A.

Homestay. An owner-occupied (or primary occupant with the written permission of the owner) residential dwelling unit where, for compensation, individual overnight room accommodations are provided for a period of thirty (30) days or less while the owner is in residence.

B.

Vacation Rental. An entire residential dwelling unit where, for compensation, overnight accommodations are provided for a period of thirty (30) days or less without concurrently being occupied by the owner.

(Ord. No. 625, § 1, 5-9-2023, eff. 6-8-2023)

A.

The regulations of this chapter apply to short-term rentals in any multiple-family residential, townresidential, rural-residential, or agricultural-residential zoning district. Any property owner or property management company who leases, rents, or otherwise makes available for compensation a short-term rental unit for a period of thirty (30) days or less, must first obtain an administrative permit prior to advertising and/or operating the short-term rental unit. The administrative permit is non-transferrable and in addition to the transient occupancy tax that is required pursuant to Chapter 3.24 and the business license required pursuant to Chapter 5.22. Upon issuance, the administrative permit shall be mailed to all property owners within three hundred (300) feet of the subject parcel and to all property owners located on any private road serving the short-term rental as notice of the standards and limitations placed upon the shortterm rental unit and will include the contact name and number provided under subsection 17.30.400.H.

B.

This article does not apply to the use of single-family dwellings when not occupied as a short-term rental.

C.

This article does not apply during times of a declared emergency when short-term rentals are offered at no cost to individuals displaced from their home as a result of a disaster.

(Ord. No. 625, § 1, 5-9-2023, eff. 6-8-2023)

All short-term rentals are required to comply with the following standards and shall not generate other potential disturbances which may disrupt the peace, safety, and general welfare of communities. Failure to comply with the standard conditions of this section may result in fines and permit revocation as outlined in Section 17.30.600.

A.

Occupancy shall be limited to a maximum of two (2) people per rented room.

B.

A minimum of one on-site parking space shall be provided for each room rented. Guest parking spaces shall be within the primary driveway or other on-site location.

C.

All short-term rental guests are required to comply with Chapter 9.18, Noise Control. Quiet hours shall be imposed between the hours of ten p.m. and seven a.m. during which no sound from the short-term rental shall be audible across a property boundary.

D.

Trash and recycling services through the solid waste franchisee shall be provided for each short-term rental unit. Refuse containers shall be serviced on a weekly basis and after pickup shall be stored outside of the front yard setback.

E.

Short-term rentals shall meet all applicable building, health, fire, and related safety codes at all times, including provision of working smoke and carbon monoxide detectors.

F.

Each short-term rental shall be equipped with a minimum 2-A:10-B:C fire extinguisher.

G.

The property owner shall be responsible for maintaining the property at all times in compliance with Chapter 8.58, Defensible Space and Hazardous Fuel Management.

H.

The operator of the unit shall, at all times the unit is being occupied as a short-term rental, maintain a contact person within a thirty-minute drive of the property. The contact person or entity must be available via telephone twenty-four (24) hours a day, seven (7) days a week, to respond to questions or concerns regarding the operation of the short-term rental.

I.

A written notice shall be conspicuously placed inside each short-term rental unit identifying the name and phone number of the contact person required in subsection H. The notice shall also contain the address of the unit, evacuation information, and operational standards at a minimum pertaining to noise, parking, fire restrictions, occupancy limits, and garbage collection day.

J.

Short-term rentals shall be subject to an annual fire inspection prior to initial permit issuance for all shortterm rental permits and then once every year thereafter for the duration the unit is licensed as a short-term rental. The fire inspection is to ensure the rental complies with the smoke and carbon monoxide alarm requirements, the fire extinguisher requirement, and defensible space. Inspections are subject to the adopted fee schedule cost for annual fire inspections.

(Ord. No. 625, § 1, 5-9-2023, eff. 6-8-2023)

A.

Prohibited and Restricted Structures.

1.

No more than one dwelling unit on a parcel may be used at any one time for short-term rental purposes.

2.

Structures with deed restrictions or an agreement restricting its use as affordable housing shall not be used for short-term rental purposes.

3.

Short-term rentals are not allowed in structures not constructed for residential occupancy under the California Building Code standards.

4.

Short-term rentals shall not be rented during construction, remodeling, additions, or an active building permit.

5.

Short-term rentals shall not be rented when there is a failed septic system evaluation on file or an active septic construction permit.

B.

Camping Restrictions.

1.

A short-term rental administrative permit does not authorize any overnight camping, sleeping in tents, travel trailers, campers, or recreational vehicles. Recreational vehicles are permitted if they are the primary transportation for the renter or visitor, but they may not be used for overnight accommodations during the stay.

C.

Fire Restrictions.

1.

When a red flag warning is in effect for the area where the short-term rental is located, all sources of outdoor open flame are prohibited.

2.

The use and discharge of fireworks are prohibited within the town as stated in Chapter 8.44.

D.

Special Events.

1.

The property shall not be used to host non-owner related weddings, parties, commercial functions, or other similar events.

E.

Signage Restrictions.

1.

On-site advertising of the short-term rental is prohibited.

(Ord. No. 625, § 1, 5-9-2023, eff. 6-8-2023)

Any violation of these requirements shall constitute grounds for revocation of the administrative permit. Enforcement of the provisions of this chapter may include the civil remedies as permitted by state law, the issuance of a citation or fine, or other legal remedy as provided by Chapter 1.08 of the Paradise Municipal Code. Upon notification by the town, any short-term rental operating in violation of the requirements of this chapter must terminate operations immediately. Further, an administrative permit issued under the authority of this chapter may be revoked in accordance with the procedures established in Chapter 17.45.

(Ord. No. 625, § 1, 5-9-2023, eff. 6-8-2023)

Chapter 17.31 - CULTIVATION OF MARIJUANA[[2]]

Section:

Footnotes:

--- ( 2 ) ---

Editor's note— Ord. No. 566, adopted June 13, 2017, did not expressly amend the title of Ch. 17.31, but inasmuch as said ordinance revised Ch. 17.31 to regulate medical and nonmedical cultivation and delivery and prohibit marijuana collectives and cooperatives, said title has been changed, at the editor's discretion, from "Cultivation of Medical Marijuana" to read as herein set out. Ord. No. 523, §§ 1, 2, adopted Oct. 4, 2011, repealed the former Ch. 17.31, §§ 17.31.100—17.31.300, and enacted a new Ch. 17.31 as set out herein. The former Ch. 17.31 pertained to mobile home combining (M-H) zone and derived from Ord. 214, § 2(part), 1992; Ord. 227, § 7, 1993; Ord. 264, § 2(part), 1995.

A.

The town council finds that the Town of Paradise is not preempted from exercising its traditional police powers in enacting land use and zoning regulations, as well as legislation for preservation of public health, safety and welfare, such as this zoning ordinance prohibiting the establishment and operation of marijuana cooperatives and collectives within the town.

B.

The town council finds that the public health, safety and general welfare of the town and its residents necessitates and requires the adoption of this zoning ordinance, prohibiting the establishment and operation of marijuana cooperatives and collectives.

C.

This chapter is consistent with the Paradise general plan in that the general plan, its objectives, policies and goals do not permit or contemplate the establishment or operation of marijuana cooperatives, collectives or similar facilities that engage in dispensing of marijuana for medicinal or recreational purposes.

D.

The purpose of this chapter is to expressly regulate the cultivation and delivery of medical marijuana and to prohibit marijuana collectives/cooperatives and dispensaries in all Town of Paradise zoning districts. Such regulation shall apply to all medical and nonmedical marijuana collectives/cooperatives and dispensaries, the delivery of medical or nonmedical marijuana and the cultivation of marijuana except as permitted herein.

(Ord. No. 566, § 1, 6-13-2017; Ord. No. 523, § 2, 10-4-2011)

17.31.200 - Applicability.

A.

Nothing in this chapter is intended, nor shall it be construed, to burden any defense to criminal prosecution under the Compassionate Use Act.

B.

Nothing in this chapter is intended, nor shall it be construed, to make legal any cultivation, sale, or other use of medical or nonmedical marijuana that is otherwise prohibited under California law.

C.

Nothing in this chapter is intended, nor shall it be construed, to preclude any landlord from limiting or prohibiting medical or nonmedical marijuana cultivation by tenants.

D.

Nothing in this chapter is intended, nor shall it be construed, to exempt any activity related to the

cultivation of medical or nonmedical marijuana from any applicable electrical, plumbing, land use, or other building or land use standards or permitting requirements.

E.

All cultivation of medical or nonmedical marijuana within the town shall be subject to the provisions of this chapter.

(Ord. No. 566, § 2, 6-13-2017; Ord. No. 523, § 2, 10-4-2011)

17.31.300 - Definitions.

As used in this chapter, the following definitions shall apply:

A.

"Authorized grower" means a person twenty-one (21) years and older who is authorized by, and in compliance with state law to cultivate marijuana indoors for personal or medical use.

B.

"Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, trimming, or otherwise processing of marijuana plants or any part thereof.

C.

"Director" means the Town of Paradise planning director or his or her designee.

D.

"Fully enclosed and secure structure" means a fully-enclosed space within a building that complies with the California Building Standards Code ("CBSC"), as adopted in the Town of Paradise, or if exempt from the permit requirements of the CBSC, that has a complete roof, a foundation, slab or equivalent base to which the floor is secured by bolts or similar attachments, is secure against unauthorized entry, is accessible only through one or more lockable doors, has an air filtration system approved by the town building official, and

is not visible from a public right-of-way. Walls and roofs must be constructed of solid materials that cannot be easily broken through such as two (2) inch by four (4) inch nominal or thicker studs overlaid with threeeighths (⅜) inch or thicker plywood or the equivalent. Plastic sheeting, regardless of gauge, or similar products do not satisfy this requirement. If indoor grow lights or air filtration systems are used, they must comply with the California building, electrical, and fire codes as adopted in the Town of Paradise. Electricity shall not be provided by an outdoor generator.

E.

"Immature marijuana plant" means a marijuana plant, whether male or female, that has not yet flowered and which does not yet have buds that are readily observed by unaided visual examination.

F.

"Indoors" means within a fully enclosed and secure structure as that structure is defined above in subsection D.

G.

Marijuana" means marijuana as defined in Health and Safety Code Section 11018.

H.

"Marijuana collective or cooperative" means a collective, cooperative, dispensary, operator, establishment, provider, association, or similar entity that cultivates, distributes, delivers, tests, or processes marijuana for medical purposes relating to a qualified patient or primary caregiver, pursuant to the Compassionate Use Act, the Medical Marijuana Program Act or for recreational purposes under the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA).

I.

"Mature marijuana plant" means a marijuana plant, whether male or female, that has flowered and which has buds that are readily observed by unaided visual examination.

J.

"Medical marijuana" means marijuana used for medical purposes in accordance with California Health and Safety Code Section 11362.5.

K.

"Outdoor" means any location within the Town of Paradise that is not within a fully enclosed and secure structure as defined above in subsection D.

L.

"Parcel" means property assigned a separate parcel number by the Butte County assessor.

M.

"Primary caregiver" means a primary caregiver as defined in Health and Safety Code Section 11362.7.

N.

"Private residence" means a house, apartment unit, mobile home, or other similar dwelling unit.

O.

"Qualified patient" means a qualified patient as defined in Health and Safety Code Section 11362.7.

P.

"School" means an educational facility as defined in Health and Safety Code Section 11362.768(h).

(Ord. No. 566, § 3, 6-13-2017; Ord. No. 523, § 2, 10-4-2011)

17.31.400 - Reserved.

Editor's note— Ord. No. 558, § 1, adopted Jan. 25, 2016, repealed § 17.31.400, which pertained to cultivation in residential zoning districts for personal use and derived from Ord. No. 523, § 2, adopted Oct. 4, 2011.

A.

Marijuana collectives and cooperatives as defined in Sections 17.31.300H shall be prohibited in all zoning districts within the town. This prohibition shall include the cultivation of marijuana by all marijuana collectives and cooperatives.

B.

Except for delivery by a primary caregiver for a qualified patient, the delivery of marijuana shall be prohibited within the town. No person shall conduct any mobile marijuana delivery service within the town through any means whatsoever. The term "delivery" shall also include the same meaning as set forth in Business and Professions Code Section 19300.5 (m) or as amended.

C.

This section shall prohibit all medical or nonmedical marijuana activities for which a state of California license is required. The town shall not issue any permit, license or other entitlement for any activity for which a state of California license is required under the Medical Marijuana Regulation and Safety Act or the AUMA.

D.

Outdoor cultivation of marijuana for non-commercial medical or commercial purposes, including cultivation by a qualified patient or a primary caregiver or any person, shall be prohibited in all zoning districts within the town. No person, including a qualified patient or primary caregiver, shall cultivate outdoor any amount of marijuana in the town.

E.

When authorized by state law, an authorized grower shall be allowed to cultivate marijuana only in a private residence in a residential zone, only indoors, and only for personal use, in compliance with the following regulations:

1.

If the authorized grower is a tenant, the property owner of the residence shall have given written consent to the cultivation of marijuana on the premises.

2.

The marijuana cultivation area shall be located indoors within a fully enclosed and secure structure and shall not exceed fifty (50) square feet and not exceed ten (10) feet in height, nor shall it come within twelve (12) inches of the ceiling or any cultivation lighting. Cultivation in a structure on the property of the residence but not physically part of the home shall be permitted, only if it is fully enclosed, secure, not visible from a public right-of-way.

3.

Marijuana cultivation lighting shall not exceed one thousand two hundred (1,200) watts in total for the total cultivation area within the residence.

4.

The use of gas products such as, but not limited to, CO2, butane, methane, or any other flammable or nonflammable gas for marijuana cultivation or processing shall be prohibited.

5.

There shall be no exterior visibility or evidence of marijuana cultivation outside the private residence from the public right-of-way, including, but not limited to, any marijuana plants, equipment used in the growing and cultivation operation, and any light emanating from cultivation lighting.

6.

The authorized grower shall reside full-time in the residence where the marijuana cultivation occurs.

7.

The authorized grower shall not participate in marijuana cultivation in any other location within the town.

8.

The residence shall include fully functional and usable kitchen, bathroom, and bedroom areas for their intended use by the resident authorized grower, and the premises shall not be used primarily or exclusively for marijuana cultivation.

The marijuana cultivation area shall be in compliance with the current adopted edition of the California Building Standards Code Section 1203.5 Natural Ventilation or Section 402.3 Mechanical Ventilation (or equivalent), as amended from time to time.

10.

The building official may require additional specific standards to meet the California Building Standards Code and Fire Code, including, but not limited to, installation of fire suppression sprinklers.

11.

The marijuana cultivation area shall not result in a nuisance or adversely affect the health, welfare, or safety of the resident or nearby residents by creating dust, glare, heat, noise, noxious gasses, odors, smoke, traffic, vibration, or other impacts, or be hazardous due to use or storage of materials, processes, products or wastes.

12.

No more than six (6) marijuana plants, mature or immature, shall be permitted only for personal use under this chapter.

13.

Marijuana in excess of 28.5 grams produced by plants kept for indoor personal cultivation under this chapter must be kept in a locked space on the grounds of the private residence not visible from the public right-of-way.

(Ord. No. 566, § 4, 6-13-2017; Ord. No. 558, § 2, 1-25-2016; Ord. No. 523, § 2, 10-4-2011)

17.31.600 - Nuisance and civil penalties.

A.

Any cultivation, processing or distribution of medical [or nonmedical] marijuana which takes place in violation of any provision of this chapter shall be unlawful, and is hereby declared a public nuisance and may be abated by the town as such in accordance with the procedure set forth in Chapter 8.04 of this code.

B.

In addition, violation of this chapter shall be prosecuted under civil administrative citation procedure set forth in Chapter 1.09 of this code.

(Ord. No. 566, 6-13-2017; Ord. No. 523, § 2, 10-4-2011)

Chapter 17.32 - TEMPORARY USE REGULATIONS[[3]]

Footnotes:

--- ( 3 ) ---

Prior ordinance history: Ords. 214 and 264.

The following temporary land uses shall be allowed subject to the regulations set forth within this chapter. Note: All temporary land uses that include food sales require a permit from the Butte County department of public health.

A.

Model homes or apartments and related real estate sales activities, located within a subdivision or residential development: temporary use permit required;

B.

Contractor's office, storage yard, and equipment parking and servicing on the site of an active construction project or on private property to service an active construction project in public or private rights-of-way: temporary use permit required.

1.

The director may establish such additional conditions as necessary to ensure land use compatibility and to minimize potential negative impacts, which may include but is not limited to the following:

a.

Hours and frequency of operation;

b.

Temporary arrangements for parking and circulation;

c.

Requirements for screening or enclosure;

d.

Guarantees for site restoration and cleanup following temporary storage use;

e.

Posting of a sign at the entrance of the temporary storage yard with site supervisor contact information;

f.

Restrict access to septic tank and leach field areas on the temporary storage yard property;

g.

Requirements for dust control and maintenance of temporary storage yard property; and

h.

Use of a private road easement to access a temporary storage yard on private property serving a construction project in public or private rights-of-way shall not be permitted unless written consent to such use is provided by all property owners having legal interest in the private road easement.

C.

Religious, patriotic or historic assemblies, displays or exhibits: permitted;

D.

Circus, carnival, rodeo, fair or similar transient amusement or recreational activities: temporary use permit required;

E.

Christmas tree sales lots not directly associated with an established and permitted retail services land use: temporary use permit required; and subject to the business license regulations of Chapter 5.11 of the Paradise Municipal Code.

F.

Residential occupancy of a mobile home or travel trailer by supervisory or security personnel on the site of an active construction project: temporary use permit required;

G.

Outdoor special sales, outdoor art and craft shows or exhibits, swap meets, flea markets, parking lot sales, or similar sales activities, limited to sites in C-C, C-B, C-F and C-S zoning districts, including the walkable downtown core, and to operate for not more than three (3) consecutive days or more than a total of twentyone (21) days in the same year: permitted and subject to the business licenses regulations of Chapter 5.11 of this code.

H.

The temporary use of a mobile home or similar portable structure for residential use when located in a residential zoning district, while a permanent dwelling (including mobile homes) is under construction: temporary use permit required.

1.

A temporary use permit authorizing a temporary residence may be granted or denied only after a sewage disposal permit has been issued and a building permit has been issued for the permanent structure.

2.

The temporary dwelling must be removed from the site after one year from the date of the approval of the temporary dwelling, if the building permit for construction of the permanent dwelling is not renewed. In addition, the temporary use permit shall be effective for the same length of time as the building permit for the permanent dwelling;

I.

Seasonal retail sales of agricultural or horticultural products, including farmers markets, raised off the premises and limited to sites in C-C, C-B, C-F or C-S zoning districts, including the walkable downtown core: permitted and subject to the business licenses regulations of Chapter 5.11 of this code.

J.

Temporary signs relating to a temporary and legally permitted land use or a legally permitted and active construction project: permitted. [Note: Signage related to a construction project shall be removed within ten (10) days of town approval of final building inspection];

K.

Temporary structures, travel trailers, recreational vehicles or mobile homes may be used for the provision of emergency services for the duration of the emergency;

L.

Garage and yard sales in residential zones. Three (3) garage or yard sales conducted in any twelve (12) month period, not exceeding three (3) consecutive days each, shall be deemed a permitted and incidental use to the residential use of a property located in a residential zone. Garage or yard sales in excess of this limit shall be prohibited in all residential zones;

M.

Any other temporary land use determined by the planning director to be similar to the foregoing.

N.

The temporary use of a cargo container for storage on the site of an active construction project in conjunction with the issuance and term of a valid construction permit issued by the Town of Paradise: permitted.

O.

The use of a temporary commercial land use building and/or structure for occupancy by those business land use activities sanctioned pursuant to the provisions of Paradise Municipal Code Section 17.06.980 (Post Camp Fire: Temporary Commercial Buildings).

(Ord. No. 649, § 1, 10-14-2025, eff. 11-13-2025; Ord. No. 644, § 4, 3-11-2025, eff. 4-10-2025; Ord. No. 584, § 3, 11-12-2019; Ord. No. 546, § 2, 8-12-2014; Ord. 436, § 5, 6-14-2005; Ord. No. 420, §§ 3, 4, 6-82004; Ord. 313 § 4(part), 1998)

A.

Application to conduct a temporary land use shall be made to the planning director. It shall include a site plan and description of the proposed use and such additional information as the planning director may require to evaluate the use and to make the determinations required by these special provisions.

B.

Application shall be made at least nine (9) business days prior to the requested commencement date of the temporary use, and the planning director shall make a determination whether to approve, conditionally approve, or to deny the proposed temporary use within five (5) business days after the date the application is determined complete for processing.

(Ord. 313 § 4(part), 1998)

The following general conditions are applicable to temporary land uses that are permitted by the provisions of this chapter or are permitted subject to town approval and issuance of a temporary use permit:

A.

Each site occupied by a temporary land use shall be left free of debris, litter, or other evidence of temporary use upon completion or removal of the use.

B.

A temporary land use conducted in a parking facility shall not occupy or remove from availability more than fifty (50) percent of the parking spaces required by the permanent land use on the site.

(Ord. 313 § 4(part), 1998)

A.

The planning director or his/her designee may authorize a temporary use only when in their judgment, the following determinations can be made:

1.

The temporary use will not adversely impact the public health, safety, or convenience or create undue traffic hazards or congestion.

2.

The temporary use will not adversely interfere with the normal conduct of other land uses and activities on the site or in the general vicinity.

The temporary use will be conducted in a manner compatible with the land uses in the general vicinity.

B.

The planning director and/or planning commission may establish such additional conditions as necessary to ensure land use compatibility and to minimize potential impacts, including, but not limited to: time and frequency of operation, temporary arrangements for parking and circulation, ADA access, requirements for screening or enclosure, and financial guarantees for removal, site restoration and cleanup following the temporary use.

(Ord. No. 584, § 4, 11-12-2019; Ord. 313 §4(part), 1998)

Editor's note— Ord. No. 584 shall take effect thirty (30) days after the date of its passage/adoption.

The planning director or his/her designee is authorized to administer and collect a fee necessary to process the temporary use permit application. The fee shall be identified on the applicable master fee schedule adopted and periodically amended by the town council.

(Ord. 313 §4(part), 1998)

After providing the permittee with written notification and a public meeting, the planning director is vested with the administrative authority to officially revoke a temporary use permit whenever evidence exists and a determination is rendered verifying that the affected temporary land use activity is not being conducted in a manner that complies with the provisions of this chapter or its town-adopted and assigned conditions of approval.

(Ord. 344 § 4, 2000; Ord. 313 § 4(part), 1998)

Chapter 17.32.1 - NEEDLE AND SYRINGE EXCHANGE

17.32.1.100 - Findings and purpose.

A.

The California Department of Public Health (CDPH) may authorize a needle and syringe exchange program (NSEP) in local communities pursuant to Health and Safety Code Section 121349 et seq.; and

B.

Improper collection and disposal of used hypodermic needles and syringes is inimical to, and presents an imminent threat to, the health, property, safety, and welfare of town citizens; and

C.

Pursuant to the town's police power, as granted broadly under Article XI, Section 7 of the California Constitution, the town council has the authority to enact and enforce ordinances and regulations for the

public peace, health and welfare of the town and its residents; and

D.

Government Code Section 38771 authorizes the town, through its legislative body, to declare actions and activities that constitute a public nuisance; and

E.

As to matters concerning land use, and of buildings thereon, Title 17 (zoning) of this code is intended to promote the growth of the town in an orderly manner and promote and protect the public health, safety, peace, comfort and general welfare in conformance with the town's general plan; and

F.

Needle and syringe exchange programs are not an enumerated use under Title 17 of this code, which does not specifically identify or regulate needle and syringe exchange programs within the town; and

G.

The operation of a needle and syringe exchange program carries the risk of negatively impacting the goals and safety element of the town's general plan; and

H.

The town council finds that the commencement, establishment and/or operation of a needle and syringe exchange program would pose a current and immediate threat to the public health, safety, or welfare.

(Ord. No. 599, § 1, 11-10-2020, eff. 12-10-2020)

It shall be unlawful for any person to establish, operate, conduct, or engage in a needle and syringe exchange program, as defined by Health and Safety Code Section 121349 et seq. within the town.

(Ord. No. 599, § 1, 11-10-2020, eff. 12-10-2020)

No property in any zone of the town shall be used for purposes of a needle and syringe exchange program of any type, including as defined by Health and Safety Code Section 121349 et seq. The use of any property for such purpose shall be a public nuisance and may be abated as provided in this code or pursuant to state law. A violation of this chapter shall be and is hereby declared to be contrary to the public interest and shall, at the discretion of the town, create a cause of separate action for injunctive relief as well as any other available civil remedies.

(Ord. No. 599, § 1, 11-10-2020, eff. 12-10-2020)

Chapter 17.33 - HOME OCCUPATION REGULATIONS[[4]]

Footnotes:

--- ( 4 ) ---

Prior ordinance history: 214 and 264.

Home occupation regulations are intended to allow limited business activities in residential zoned districts when conducted by the occupants of a dwelling in a manner wholly accessory to and compatible with the residential characteristics of the surrounding neighborhood.

(Ord. 313 § 5(part), 1998)

For the purposes of this chapter, certain words and phrases are defined as follows:

"Cottage food operation" when used in this chapter shall have the same meaning as provided for in Health and Safety Code Section 113758, as may be amended. Food preparation relating to a fundraising activity by a tax-exempt charitable organization shall not be considered a cottage food operation.

"Home occupation" means an accessory commercial activity or business service, conducted on the site of a dwelling unit by the inhabitants thereof, in a manner clearly incidental to the residential character of the site, and in accord with the provisions of this chapter, including cottage food operations. It shall not include activities that are limited solely to the use of a desk, telephone and personal computer.

"Home occupation permit" means a nondiscretionary permit issued by the planning director, based upon the specific standards and criteria contained in this chapter, and authorizing the establishment of a home occupation, including a cottage food operation.

(Ord. No. 531, § 1, 6-25-2013; Ord. 313 § 5(part), 1998)

It shall be unlawful to establish a home occupation without a town-issued permit under this chapter. Home occupations (including cottage food operations, or CFO) shall be permitted as an accessory land use activity related to a dwelling unit subject to obtaining town approval and issuance of a home occupation permit. To apply for a home occupation permit, the following information must be submitted to the town community development department:

A.

A completed home occupation permit application form and detailed plot plan drawn to scale, along with payment of the processing fee in effect at the time of application. If the applicant is not the owner of the property, proof of agency on behalf of or from the property owner must be submitted in writing in order to legally process the application.

B.

A detailed written project description that describes the proposal, the setting of the neighborhood, proximity to neighboring residences, the level of noise generated by the proposal, parking demand of the home occupation, and the anticipated increase in traffic generated by the project.

C.

A written explanation describing how the proposed home occupation complies with the standards and criteria set forth in Section 17.33.500 of this chapter.

D.

Any additional information deemed necessary by the planning director to fully understand the proposed project.

E.

If the property upon which the home occupation would be conducted is afforded access by a private road, the applicant shall submit written evidence indicating that all property owners having legal interest in the private road have no objection to the proposed home occupation.

F.

If the type of proposed home occupation or cottage food operation has the potential to increase wastewater flows (e.g., food processing, catering, hair and nail salons or pet grooming), the application shall be accompanied by material evidence showing that the existing sewage disposal system serving the residence has a valid and current operating permit issued by the Town of Paradise.

(Ord. No. 531, § 2, 6-25-2013; Ord. 313 § 5(part), 1998)

The planning director shall review and act upon all home occupation permit (and/or modifications thereof) applications once all the required information has been submitted. Because the permits are nondiscretionary, no formal notice or public hearing are required. In reviewing home occupation permit applications (and/or application for modifications thereof), the planning director shall determine if the actual proposal complies with the standards and criteria listed in Section 17.33.500 of this chapter. The planning director shall consider the required findings contained in Section 17.33.600 of the chapter. If the planning director is unable to make any one of the required findings, the proposed home occupation permit [or modification(s) thereof] shall be denied.

(Ord. No. 473, § 2, 12-11-2007; Ord. 313 § 5(part), 1998)

The planning director shall grant a permit for a home occupation as an accessory residential use on property zoned for residential use, provided that the use complies with all of the following standards and criteria:

A.

The location of the home occupation is the principal residence of the applicant and is clearly incidental and secondary to the use of the property for residential purposes.

B.

No major structural changes are proposed which will significantly alter the character of the residence or change its occupancy classification pursuant to the California Uniform Building Code.

C.

Any traffic or parking needs generated by the proposed home occupation would not be out of character with the existing traffic levels and parking demands of the surrounding residential neighborhood.

D.

The proposed home occupation shall not create levels of new light and glare inconsistent with existing amounts of light and glare within the surrounding residential [neighborhood].

E.

The proposed home occupation shall not adversely increase noise levels or noise durations beyond permissible residential noise levels or noise durations within the surrounding neighborhood as regulated by the Paradise Municipal Code.

F.

The proposed home occupation shall not generate vibration, dust, odor, heat, solid waste, electrical interference or other characteristics in excess of that customarily associated with similar residential uses in the surrounding neighborhood.

G.

Employment shall be limited to members of the family residing on the premises, and to one (1) additional full-time equivalent nonresident employee. In no event may more than one (1) part time employee be working at any one (1) time.

H.

The total floor area used for the home occupation, including area within accessory buildings, may be as large as fifty (50) percent of the net floor area of the dwelling unit, but shall in no case exceed seven hundred fifty (750) square feet; provided however that a cottage food operation shall be restricted to the registered or permitted area of the residence as approved by the Butte County Environmental Health Department.

I.

Signs shall be limited to one (1) unlighted sign and not larger than six (6) square feet in area. Such sign may be attached flat on the building wall or may be located elsewhere on the site except in a required yard setback area.

J.

No equipment, materials or products associated with the home occupation use shall be stored or displayed where visible from off the premises.

K.

The proposed home occupation shall not involve the storage or use of other than a minimal quantity of five (5) or fewer gallons of toxic, explosive or flammable materials; provided all such materials shall be subject to approval by the town fire chief.

L.

A proposed home occupation that generates public traffic use in addition to the existing level of traffic use of a private road easement affording its access shall not be permitted unless written consent to such use is provided by all property owners having legal interest in the private road easement.

M.

Any proposed home occupation affording access by use of a private road easement shall be conducted in a manner that shall not overburden the vehicular use of the private road easement.

N.

Any cottage food operation (CFO) shall meet the following additional requirements:

1.

The requirements set out in Health and Safety Code Sections 114365, 114365.2 and 114365.5.

2.

A CFO shall be restricted to the primary kitchen of the residence.

3.

A CFO shall comply with the restrictions on gross annual sales as set forth in Health and Safety Code Section 113758, as may be amended.

4.

A CFO shall obtain and maintain a registration and/or operating permit from the Butte County Environmental Health Department. A copy of such registration/permit must be furnished to the Town of Paradise within fifteen (15) days of its issuance.

5.

No CFO shall conduct sales in an attached garage, detached accessory structure or outside of the dwelling.

If direct sales are proposed at the site of the CFO, no third parties or customers shall be permitted to dine at the CFO.

(Ord. No. 531, § 3, 6-25-2013; Ord. No. 414, § 3, 3-9-2004; Ord. 313 § 5(part), 1998)

In order to approve a home occupation permit application, the planning director shall successfully make the following findings:

A.

The proposed home occupation complies with all the applicable standards and criteria contained in Section 17.33.500 of this chapter;

B.

The proposed home occupation will not have a significant adverse effect upon the health and safety of the citizens of Paradise or the community in general.

(Ord. 313 § 5(part), 1998)

17.33.700 - Fees.

The planning director or his/her designee is authorized to administer and collect a fee necessary to process the home occupation permit application. The fee shall be identified on the applicable master fee schedule adopted and periodically amended by the town council.

(Ord. 313 § 5(part), 1998)

After providing the permittee with written notification and a public meeting, the planning director is vested with the administrative authority to officially revoke a home occupation permit whenever evidence exists and a determination is rendered verifying that a home occupation activity is not being conducted in a manner that complies with the required standards and criteria of this chapter and/or its town adopted and assigned conditions of approval.

(Ord. No. 473, § 3, 12-11-2007; Ord. 344 § 5, 2000; Ord. 313 § 5(part), 1998)

Chapter 17.34 - MOBILE HOME PARK STANDARDS

The regulations set forth in this chapter shall apply to all mobile home parks within the town which receive approval after the effective date of the ordinance codified in this title. All proposed newly established or expanded mobile home parks shall require approval of a conditional use permit granted in accordance with the provisions of this title. All uses not specified in this chapter shall not be permitted within a mobile home park.

(Ord. 264 § 2(part), 1995; Ord. 214 § 2(part), 1992)

A.

Mobile homes containing not less than five hundred (500) square feet of gross area (area excludes decks, awnings, or similar attached structures).

B.

Management offices and maintenance equipment storage.

C.

Laundry facilities, for residents only.

D.

Vending machines, for residents only.

E.

Noncommercial recreation/meeting halls, clubhouses, swimming pools, and similar uses.

F.

Other uses which are clearly incidental and subordinate to mobile homes.

(Ord. 264 § 2(part), 1995; Ord. 214 § 2(part), 1992)

17.34.300 - Standards for mobile homes and accessory uses.

A.

Minimum Site Area. Two (2) contiguous acres.

B.

Maximum Density. Mobile home parks shall not exceed the following potential maximum land use densities for the zoning district in which they are located:

C.

Parking Requirements. Except for senior and/or disabled housing mobile home parks, the overall parking ratio shall be a minimum of two (2) parking spaces per dwelling. The overall parking ratio for senior and/or disabled housing mobile home parks shall be a minimum of one and one-half (1½) parking spaces per dwelling. At least one parking space shall be provided on or immediately adjacent to each mobile home space. All parking within mobile home parks approved after the effective date of the ordinance codified in this title shall conform to the parking requirements contained in this title.

D.

All structures, including mobile homes, shall have a minimum side and rear yard setback area of ten (10) feet from property lines in the zoning district in which they are located, and twenty-five (25) feet from all street and private road right-of-way lines.

E.

Signs. Each mobile home park may have a bulletin board for the listing of each mobile home site and name of an occupant thereof. Signs identifying the park may be erected if approved by the planning director. Such signs must be located on the premises and shall be not larger than twenty-five (25) square feet. They shall not be illuminated except by indirect nonflashing light.

(Ord. No. 496, § 2, 3-9-2010; Ord. 362 § 11, 2001; Ord. 264 § 2(part), 1995; Ord. 214 § 2(part), 1992)

The following development standards shall apply to the individual mobile home sites. Plans and grading elevations for before and after construction for the mobile home park shall be submitted along with other construction plans with the master development plan for the mobile home park, and shall be subject to review and change as determined necessary upon recommendation of the planning director or the town engineer.

A.

Mobile Home Site Area. Each mobile home site in a mobile home park shall contain a minimum of three thousand (3,000) square feet.

B.

Mobile Home Site Width. Each mobile home site designed for occupancy by a mobile home shall be an average width of thirty (30) feet plus the width of the mobile home, unless the applicant can show that adequate space for a patio, parking and side yards will be assured.

C.

Mobile Home Site Frontage. Each mobile home site shall abut directly upon a mobile home park street for a minimum distance of thirty (30) feet.

D.

Space Use. Not more than one single-family mobile home may be placed on a mobile home site.

E.

Landscaping. All landscaping, signing, and lighting for mobile home parks affected by this chapter shall be subject to review and approval of the planning director.

(Ord. 264 §2(part), 1995; Ord. 214 §2(part), 1992)

A.

Walls and Fences. Walls or fences shall be erected around the perimeter of each mobile home park as required by the planning director or the planning commission. The height, construction and type of material for such perimeter walls or fences shall be as specified by the planning director.

B.

Mobile Home Park Streets. Interior park streets shall be provided in such a pattern as to provide convenient traffic circulation within the mobile home park. They shall be constructed to the following standards.

1.

Width. Not less than twenty-four (24) feet (with no on-street parking) including curbs, or asphalt dikes, but not including roadside ditches.

2.

Streets shall be paved in conformance to the town standards.

3.

Streets shall have adequate lighting.

4.

Drainage facilities and encroachment to public streets shall conform to the town standards.

5.

All roads and drainage improvement facilities shall meet the requirements of the town engineer.

(Ord. 264 §2(part), 1995; Ord. 214 §2(part), 1992)

Each mobile home park subject to the requirements of this chapter may include a permanent building for office use. Such building may include a single-family dwelling for the exclusive use of the owner or manager of the mobile home park.

(Ord. 264 §2(part), 1995; Ord. 214 §2(part), 1992)

Each mobile home park subject to the requirements of this chapter may have one or more laundry rooms. Laundry drying lines shall not be permitted on any mobile home site.

(Ord. 264 §2(part), 1995; Ord. 214 §2(part), 1992)

Each mobile home site shall have a receptacle for mail deliveries in accordance with acceptable standards of the United States Post Office Department.

(Ord. 264 §2(part), 1995; Ord. 214 §2(part), 1992)

Each mobile home park shall contain at least one public telephone for the use of park residents.

(Ord. 264 §2(part), 1995; Ord. 214 §2(part), 1992)

Areas used for storage of recreational vehicles, or other outdoor storage areas shall be screened from public view outside the mobile home park.

(Ord. 264 §2(part), 1995; Ord. 214 §2(part), 1992)

Not more than twenty (20) percent of the mobile home sites may be used for recreational vehicle sites. Sites reserved for recreational vehicles shall be designated as such on the application for the use permit and shall be separate from the area designated for mobile homes.

(Ord. 264 §2(part), 1995; Ord. 214 §2(part), 1992)

Chapter 17.35 - ANIMAL REGULATIONS

The animal regulations set forth in this chapter are intended to establish minimum standards for the keeping of livestock animals or bees in residential zoned areas; and to avoid overcrowding or other objectionable conditions potentially incompatible with adjacent properties.

(Ord. 264 §2(part), 1995; Ord. 214 §2(part), 1992)

The long-term keeping of livestock animals upon properties within the AR-1, AR-3, AR-5, RR-1, RR-2/3, RR-1/2, TR-1, TR-1/2, and TR-1/3 zoning districts is potentially permitted subject to the specific land use regulations within each zone; and solely in association with established on-site residential uses, and subject to all applicable minimum requirements set forth in this section of Chapter 17.35. Livestock animals within the AR-3 and AR-5 zoning districts may be established without an on-site residential use, subject to the specific land use regulations within their zones and all applicable minimum requirements of Chapter 17.35, and with an approved animal management plan.

A.

Except as otherwise provided within Section 17.35.250, all regulations set forth in Table 17.35.200 shall apply to the long-term keeping of livestock animals as follows:

Table 17.35.200

• Maximum number of animals shall not apply to properties of five (5) acres or greater in size.

** The planning director or planning commission may require specific distances from property lines as he or they deem appropriate.

B.

The minimum site area per animal requirements of Table 17.35.200 shall apply in addition to a minimum site area requirement of fifteen thousand (15,000) square feet (net area) per dwelling on the site. Area

requirements shall be determined cumulatively for the purpose of establishing the number of animals allowed, and shall not apply solely to the actual site area used by a particular animal.

C.

Minimum enclosure setback distances shall apply to any barn, corral, pen, feed area, paddock, stable, fenced pasture, or similar area for housing or enclosure of animals.

D.

Enclosure setbacks measured from a residence shall apply to any existing dwelling structure located on an adjacent property, but need not apply to dwellings on the same site as the animal enclosure.

E.

The maximum number of animals shall be the cumulative total number of animals on the site. (Example: two (2) horses plus one cow shall equal the maximum number of animals permitted upon a property less than five (5) acres in size.)

F.

Animal requirements of this section shall apply only to mature or weaned animals. Requirements for any livestock animal not listed in Table 17.35.200 shall be determined by the planning director on the basis of comparability to animals listed, and the characteristics customarily associated with such animals.

(Ord. No. 648, § 3, 9-9-2025, eff. 10-9-2025; Ord. No. 505, § 3, 9-14-2010; Ord. 370 § 7, 2001; Ord. 332 §10, 1999; Ord. 264 §2(part), 1995; Ord. 214 §2(part), 1992; Ord. No. 395, § 3, 2003)

Notwithstanding the requirements of Section 17.35.200, the long-term keeping and raising of chickens and rabbits shall be considered a permitted accessory land use to an established residential land use in residential zoning districts when conducted in accordance with the following standards:

A.

Chickens and rabbits, not to exceed a combined total of twelve (12) chickens and rabbits, may be kept and raised upon residentially-zoned properties.

B.

Chickens kept and raised as permitted residential accessory land uses shall under no circumstances include roosters.

C.

Chickens and rabbits shall at all times be confined within pens, coops and other enclosed or fenced areas maintained a minimum distance of fifty (50) lineal feet from any occupiable structure and shall be established in compliance with all applicable yard setback requirements.

D.

Pens, coops and other areas used to contain and/or confine chickens and rabbits shall be maintained in a clean and sanitary condition via frequent cleaning and removal of animal waste from the site and shall at no time become a source of offensive odors transmitted to adjacent properties.

E.

Nothing in this section shall be construed to reduce or waive minimum setback requirements from water wells or other facilities as required by the California Department of Water Resources or County Public Health Department standards.

(Ord. No. 653, § 2, 1-13-2026, eff. 2-12-2026; Ord. No. 505, § 4, 9-14-2010)

Editor's note— Ord. No. 505, § 5, adopted Sept. 14, 2010, provides that this ordinance shall take effect 30 days after the date of its passage.

The raising and keeping of bees upon properties within the R-C, AG-10, AG-20, AR-1, AR-3, AR-5, RR-1, and TR-1 zoning districts is permitted in accordance with the specific land use regulations within each zone; and subject to all applicable minimum requirements set forth in this section.

A.

The following site development regulations shall apply to the keeping of bees:

All beekeepers shall secure a permit from the Butte County agricultural commissioner for beekeeping.

B.

All beekeepers subject to the requirements of this Chapter shall maintain an adequate supply of water for their bees.

C.

The keeping of bees legally existing prior to the effective date of the ordinance codified in this title shall not be subject to the regulations of this section unless additional hives are to be placed on the property, in which case the regulations set forth in this section shall apply.

(Ord. No. 395, § 4, 2003; Ord. 264 §2(part), 1995; Ord. 214 §2(part), 1992)

The temporary raising of livestock animals as a student animal project sponsored by the Future Farmers of America, 4-H, or similar organizations upon properties within all zoning districts is permitted solely in association with an established residence; and subject to all applicable minimum requirements set forth in this section:

A.

All regulations set forth in Table 17.35.500 shall apply to 4-H student animal projects as follows:

Table 17.35.500

B.

The minimum site area per animal requirements of Table 17.35.500 shall apply in addition to a minimum site area requirement assigned to each category of animal as follows:

• Note: Defined as existing lot area excluding land within roadway easements.

C.

Area requirements for 4-H student animal projects shall be determined cumulatively for the purpose of establishing the number of animals allowed, and shall not apply solely to the actual site area used by a particular animal.

D.

The temporary raising of livestock animals as a 4-H sponsored student animal project may be permitted upon property in accordance with all applicable regulations set forth in this section during a period of time not exceeding nine (9) months during a calendar year.

E.

Minimum enclosure setback requirements as set forth in Section 17.35.200 of this chapter shall also apply to the temporary raising of livestock animals as a 4-H sponsored student animal project.

(Ord. No. 395, § 5, 2003; Ord. 264, § 2 (part), 1995; Ord. 214, § 2 (part), 1992)

Chapter 17.36 - MOBILE HOME PROVISIONS

Section:

A mobile home or transportable factory built housing unit may be used as a dwelling in all zones allowing single-family dwellings when such mobile home meets the following minimum requirements in addition to all other provisions applicable to the site. (Government Code Section 65852.3)

1.

The mobile home or transportable factory built housing unit shall be structurally certified per requirements of the National Manufactured Housing Construction and Safety Act of 1974.

2.

The mobile home shall be installed on an approved permanent foundation.

3.

Roofs shall have a minimum pitch of three (3) in twelve (12), and shall be shingled or tiled in a manner sufficient to have the same appearance as a standard dwelling built on the site.

4.

Siding material shall be of masonry, wood, stucco or similar material having the same appearance as a standard dwelling built on the site.

5.

The town shall prohibit the installation of a mobile/manufactured home older than ten (10) years of age. The age measurement period shall be from the year of manufacture of the mobile/manufactured home to the

year of the permit application.

(Ord. No. 579, § 5, 10-8-2019, eff. 11-7-2019; Ord. 227, § 8, 1993; Ord. 214, § 2 (part), 1992)

Chapter 17.37 - SIGN REGULATIONS[[5]]

Footnotes:

--- ( 5 ) ---

Prior ordinance history: Ords. 214 and 264.

17.37.100 - Purposes.

Sign regulations are included in this title for the following purposes:

A.

To preserve and enhance the natural and man-made aesthetic qualities of the town; and to minimize visual clutter;

B.

To ensure reasonable opportunity for identification and advertising for commercial and industrial activities, consistent with community goals;

C.

To minimize conflict between advertising signs and traffic safety devices or signs.

(Ord. 313 § 6 (part), 1998)

17.37.200 - Exempt signs.

The following signs are exempt from the provisions of this chapter, within the limits specified:

A.

Signs erected or required by law or by contract with a governmental agency, including traffic signs and devices, legal notices, and temporary, emergency or nonadvertising signs authorized by the town;

B.

Signs erected by public utility companies relating to danger or public safety, or indicating the location of public utility lines and facilities, or public telephones;

C.

House numbers, and privacy or warning signs such as "no trespassing," or "no parking" signs located on the appurtenant site, and when not exceeding four (4) square feet per sign face;

D.

Decorations to celebrate recognized holidays and civic events;

E.

National and state flags, and other flags or insignia displayed in conjunction with official flags;

F.

Unlighted window signs and decals not exceeding six (6) square feet per sign face or thirty-five (35) percent of the area of the affected window, whichever is the greater. All lighted window signs, and unlighted window signs exceeding the above limits are regulated as flush signs;

G.

Marquee signs;

H.

Plaque signs;

I.

Signs within a building or use which are not visible from beyond the boundary of the site;

J.

Business signs which are used traditionally to indicate a temporary condition related to the business (e.g., "open/closed" signs, automobile fuel price signs, "no-vacancy" signs);

K.

"Neighborhood Watch" signs which are approved by the police and community development department.

(Ord. No. 497, § 2, 4-13-2010; Ord. No. 433, § 1, 2-22-2005; Ord. No. 420, § 5, 6-8-2004; Ord. 313 § 6 (part), 1998)

The following signs are prohibited in all zones, except as specifically allowed or limited herein:

A.

Animated signs, excepting the following specifically permitted types of animation:

1.

Barber poles not exceeding three (3) feet in height nor projecting more than one foot from a building;

Electronic changeable message signs as permitted in Section 17.37.670.

3.

Electronic changeable message signs for public, quasi-public and community service land uses located upon property situated within the C-S or C-F zones.

B.

Signs constituting a safety hazard to vehicular or pedestrian traffic, or impeding ingress and egress from any door, window or emergency exit;

C.

Signs which imitate, duplicate or portray a commonly recognized traffic control or public safety sign or device, or which make use of words, symbols or characters in such a manner to interfere with, mislead or confuse vehicular or pedestrian traffic;

D.

Signs containing statements, words or characters of an obscene, indecent or immoral character such as will offend public morals or decency;

E.

Signs emitting sound, smoke or odor;

F.

Abandoned signs and/or abandoned sign structure(s) unless officially designated as historic by the Town of Paradise and/or the State of California.

(Ord. No. 638, § 2, 11-12-2024, eff. 12-12-2024; Ord. No. 607, § 1, 5-11-2021, eff. 6-10-2021; Ord. No. 497, § 3, 4-13-2010; Ord. No. 460, § 7, 4-10-2007; Ord. No. 457, §§ 1, 2, 1-9-2007; Ord. 436, § 6, 6-142005; Ord. No. 433, § 2, 2-22-2005; Ord. No. 420, §§ 6, 7, 6-8-2004; Ord. 362, § 12, 2001; Ord. 313, § 6 (part), 1998)

Except as otherwise provided within Section 17.37.300.F., the use of signs legally established prior to the adoption of the ordinance regulations codified within Chapter 17.37 may be continued, although the signs do not conform to the specific regulations contained within the chapter. Any alteration of a lawful, nonconforming sign that reduces its nonconformity with the regulations of this chapter shall be permitted. A lawful, nonconforming sign may be repaired and maintained as necessary.

(Ord. No. 497, § 4, 4-13-2010)

The following signs are permitted, subject to the limitations prescribed in this section:

A.

Political Signs. Political signs are allowed in any zoning district subject to the following limitations:

1.

Signs shall not exceed sixteen (16) square feet per sign face.

2.

Signs shall be unlighted.

3.

Political signs not prohibited by this section shall be removed within fourteen (14) calendar days after the event (election) to which they relate occurs.

4.

Political signs located in windows are not subject to regulation.

5.

Political signs shall not be placed in any town right-of-way in a manner that shall create potential risk to the public health, safety, general welfare, nor that would injure town property.

6.

Political signs higher than four (4) feet above grade must be placed beyond all required setbacks.

7.

Any person, party or group posting political signs shall be liable to the town, private property owners and the general public for any injury to persons or property resulting from the placement and maintenance of such signs.

B.

Directional Signs. Directional signs are allowed in any zoning district subject to the following limitations:

1.

Signs shall be limited to those essential to give direction and instruction.

2.

Signs shall not contain advertising matter, but may include a symbol, insignia or trademark when such element is a minor element of the sign or may be similar to advertising signs used on the premises.

3.

Directional signs shall not exceed six (6) square feet per sign face.

C.

Real Estate Signs. Real estate "for sale" signs are allowed in any zoning district subject to the following limitations.

1.

Signs shall be limited to one sign per street frontage for property smaller than one acre.

2.

Signs shall be unlighted.

3.

Signs shall not exceed six (6) square feet per sign face for residential signs. Commercial and subdivision signs shall not exceed thirty-two (32) square feet of sign face area.

4.

A sign to advertise real estate for sale may not legally be placed off-site upon public property.

5.

Real estate signs higher than four (4) feet above grade must be placed beyond all required yard setbacks.

D.

Nameplates. Nameplates are permitted in the N-C, C-S, C-F, C-B, C-C or I-S zoning districts subject to the regulations pertaining to business signs, and shall not exceed three (3) square feet of sign face area, nor exceed four (4) feet in height above grade if placed in the front yard setback area. (See Section 17.37.500 of this chapter.) Nameplates shall be permitted in conjunction with an established principal land use within all other zoning districts.

E.

Community Service Signs. Community service signs are allowed in any zoning district and possibly within a town right-of-way, subject to the following limitations:

1.

The sign shall be erected and maintained by the town, or a community service organization with authorization procured from either the planning director, the planning commission, or, if the sign is to be located within a town right-of-way, from the town council.

2.

The sign shall not exceed ten (10) feet above finished grade nor exceed a sign area of one hundred (100) square feet.

The sign shall serve a general public and/or community purpose.

4.

[Reserved.]

F.

Home Occupation Signs. Home occupation signs are allowed on the site of a home occupation subject to the following limitations:

1.

No off-site sign shall be allowed.

2.

The sign shall not exceed six (6) square feet.

3.

The sign shall be unlighted.

G.

Identification Signs. Identification signs for land uses other than commercial or industrial uses are allowed in any zoning district, subject to the following limitations:

1.

For any land use subject to an administrative permit, site plan review permit or use permit, regulations for an identification sign may be established as a condition of approval, consistent with the development on surrounding properties.

2.

For any land use not subject to an administrative permit, site plan review permit or use permit, identification signs are allowed subject to the following limitations:

H.

Construction Signs. Construction signs are allowed in any zoning district, subject to the following limitations:

1.

Construction signs may be established upon the site of an active construction project for which townissued construction permits are in effect and shall be removed upon completion of construction and/or expiration of all town issued ministerial construction permits, whichever occurs first.

2.

The sign shall be unlighted.

3.

The sign shall indicate only the nature of the construction, the proposed use, the name of the sponsor, architect, engineer, contractor or other entity associated with the construction, the projected completion date and similar information associated with the construction project.

4.

The signs shall not exceed six (6) square feet in area per sign face for single-family residential projects. Signs for commercial, quasi-public, multiple-family residential and subdivision projects shall not exceed twenty-four (24) square feet of area per sign face.

5.

The sign shall not be located within any abutting road easement or right-of-way for either a public street or private road.

(Ord. No. 497, §§ 5—9, 4-13-2010; Ord. No. 476, § 1, 1-22-2008; Ord. No. 411, § 5, 2-10-2004; Ord. 347, § 2, 2000; Ord. 313, § 6(part), 1998)

A.

All new or redesigned and affixed business, professional, public, quasi-public, multiple-family residential, or industrial land use identification sign structures (excluding sign faces) shall be required to comply with all applicable requirements of the Town of Paradise adopted design standards.

B.

It shall be unlawful to use, occupy or maintain a building or structure that does not comply with all applicable design standards. Any violation or failure to comply with the architectural and design criteria shall be an infraction punishable by a fine in accordance with Government Code section 36900.

(Ord. No. 497, § 10, 4-13-2010)

17.37.500 - Permitted signs (business signs).

A.

Business signs are permitted in selected zoning districts subject to limitations and conditions set forth in Table 17.37.700 of this chapter. The following provisions apply to that table:

1.

The cumulative length of all flush wall business signs along an affected building wall (or wall series as determined by the planning director) shall not exceed the percentage limitations specified within Section 17.37.700 of this chapter. Each overall side of the building shall be considered separately. In a unified development such as a shopping center or strip mall, the measurement used to determine the maximum permitted length of flush wall signs for individual businesses shall be determined on an individual basis for each shop using the separation of side walls to determine frontage length.

2.

To determine the maximum sign area allowed on a site, the total square footage of all business signs shall be included. Where two (2) or more lots or parcels are used together as a single site, and commonly identified as a single site with a development name, common management, common parking facilities or similar sign indication of a unified development, the maximum sign area shall apply to the whole of the lots or parcels comprising the single site.

3.

Business signs for commercial and/or professional services uses and to be located upon real property located within a Paradise General Plan designated "scenic highway corridor" land area shall be limited to a maximum sign area of one hundred (100) square feet; and subject signs shall not extend above the roof line of any onsite building nor be placed on the roof of any building.

4.

[Reserved.]

5.

New business signs defined as "roof signs" shall be prohibited except if the planning director determines, based upon substantial evidence, that the design of the building upon which the roof sign is proposed to be established has no other surface visible from a public street or private roadway to accommodate the placement of a business sign.

(Ord. No. 497, §§ 11—13, 4-13-2010; Ord. No. 476, § 2, 1-22-2008; Ord. No. 433, § 3, 2-22-2005; Ord. 313, § 6(part), 1998; Ord. 347, § 3, 2000)

A.

Billboards may be permitted in the C-C, C-F, C-S and I-S zoning districts subject to town approval and issuance of an administrative permit in addition to the following limitations:

1.

The sign face (poster panel) shall be limited to a display surface not to exceed one hundred (100) square feet.

2.

Not more than one single-sided or double-sided billboard panel shall be located at any site.

3.

Billboards shall not exceed sixteen (16) feet in height.

4.

Billboards shall not be closer than fifty (50) feet from the centerline of a street unless the administrative permit provides for installation closer than fifty (50) feet.

5.

Billboard sites shall be located at least five hundred (500) radial feet distance from any existing billboard of a size greater than one hundred (100) square feet; three hundred (300) radial feet from any other billboard. Separation distance requirements for benches displaying advertising other than those benches determined to be exempt from the provisions of this chapter shall be determined as a condition of an administrative permit approval, if required.

6.

Billboards shall not be permitted to be established upon properties located within the town adopted "Downtown Revitalization Master Plan Area.

7.

Billboards shall not be electronic changeable message signs.

B.

Nonconformance and Removal. Any billboard that does not conform to these regulations shall be removed pursuant to the schedule in this subsection, upon written notification to the owner of the property upon which the billboard is located that such nonconforming sign shall be removed.

In all zoning districts a nonconforming billboard shall be removed within three (3) years of notification by the town of such removal.

C.

Noncompliance. Any billboard located in an I-S zoning district which does not comply with the requirements of subsection A. of this section may remain as a nonconforming use; provided, that the

billboard shall be removed if active use for outdoor advertising purposes ceases for a continuous period of twelve (12) months or more.

D.

Removal by the Town. If any billboard remains in place thirty (30) days beyond the time limits specified in subsections B. and C. of this section, the town may remove the sign at the discretion of the planning director, and shall require repayment of the costs of removal from the property owner. The planning director shall give written notice to the property owner as shown on the latest equalized assessment roll thirty (30) days prior to the removal of the sign.

E.

All owners of billboards required to remove a billboard as required by this section and all affected property owners shall be compensated for such removal as set forth in Section 5412 et seq. of the California Business and Professions Code.

(Ord. No. 638, § 4, 11-12-2024, eff. 12-12-2024; Ord. No. 497, § 14, 4-13-2010; Ord. No. 433, §§ 4, 5, 2- 22-2005; Ord. 313, § 6(part), 1998; Ord. 362, § 13, 2001)

17.37.630 - Permitted signs (banners).

A.

Banner signs may be permitted upon properties within the N-C, C-B, C-C, I-S, C-S and/or C-F zoning districts subject to the following regulations:

1.

Banner signs shall not be placed or affixed atop roof features of an affected building or linear structure.

2.

Banner signs shall not be placed in any manner that obstructs pedestrian and/or ADA (Americans with Disabilities Act) accessibility.

3.

Excepting temporary civic or special community event banner signs displayed to promote a civic/special community event, banner signs shall not be placed within the public streets right-of-way or within forty (40) feet linear distance measured from the centerline of a public street or private road.

4.

Banner signs shall not be placed over any utility box, within three (3) feet of a fire hydrant or in any manner which creates a vehicular and/or bicyclists traffic hazard.

5.

A maximum of two (2) banner signs per business or business street frontage shall be permitted; the size of any banner signs placed as flush wall-mounted upon a building shall not exceed forty (40) percent of the length and height of the affected building wall. Banner signs not completely supported by a building or a portion thereof shall not exceed thirty-two (32) square feet in size.

6.

Banner signs shall not be established to serve as business identification signs during a period exceeding sixty (60) days for a single business occupancy unless a longer period is approved by the planning director in order to accommodate extenuating circumstances (e.g., town processing for design review for a new structure, building facade, etc.).

(Ord. No. 497, § 15, 4-13-2010; Ord. No. 473, § 4, 12-11-2007; Ord. No. 457, § 3, 1-9-2007)

17.37.650 - Portable signs.

A.

The maximum height of a portable sign shall be four (4) feet above grade; and the total area of the sign face shall not exceed ten (10) square feet.

B.

Portable signs shall be placed in a manner which provides a minimum of four (4) feet of unobstructed pedestrian clearance and shall otherwise be placed in compliance with handicapped accessibility requirements.

C.

Portable signs shall not be placed in streets or driveway surfaces, attached or secured to public property, place over any utility box, within three (3) feet of a fire hydrant or in a manner which creates a traffic or pedestrian hazard.

D.

Portable signs shall be constructed of wood (or other sturdy material) and metal hardware, all surfaces shall be painted and the signs shall be weighted to prevent movement during windy periods. Portable signs shall have no electric or mechanical features or attached objects that move in the wind other than small balloon(s).

E.

Other than within unified shopping center(s) and/or common owned parking facilities, portable signs used for business signage purposes shall not be placed upon property located offsite from the business being advertised/identified.

F.

A maximum of one portable sign per business or business street frontage shall be permitted.

G.

The town manager or his/her designee may authorize town removal of portable signs from public property when the signs are not placed or designed in conformance with the standards set forth within this section.

H.

[Reserved.]

(Ord. No. 497, § 16, 4-13-2010; Ord. 313, § 6 (part), 1998; Ord. 349, §§ 15, 16, 2000; Ord. No. 433, § 6, 2- 22-2005; Ord. 436, § 7, 6-14-2005; Ord. No. 457, § 4, 1-9-2007)

17.37.670 - Electronic changeable message signs.

A.

Only permitted for public, quasi-public and community service land uses located upon property situated within the C-S or C-F zones and for non-residential land uses within the C-C and I-S zones.

B.

A maximum of one electronic changeable message sign is permitted per site with a maximum electronic area of forty (40) square feet. New freestanding electronic changeable message signs shall have a maximum height of six (6) feet.

C.

Messages shall be static and unanimated for a minimum of eight (8) seconds.

D.

Transition during messages shall be two (2) seconds or less and shall either be instantaneous or fade in/out. Flashing is prohibited.

E.

For signs in the C-C or I-S zones, adjacent to a residential zoning district or where an existing sign cabinet is proposed to be retrofitted and the existing sign exceeds the size and/or height limits for an electronic changeable message sign, a CONDITIONAL USE PERMIT will be required.

F.

Electronic changeable message sign faces permitted after the effective date of the ordinance codified in this chapter shall be equipped with a photocell, timer, or other similar device which automatically dims the display during nighttime hours to prevent glare impacts.

G.

Electronic changeable message signs permitted after the effective date of the ordinance codified in this chapter shall not be brighter than the illumination limit recommended by the International Sign Association

(ISA) for Electronic Message Center signs, or 0.3 footcandles above ambient light when measured at the recommended distance as set forth by the ISA.

H.

Electronic changeable message signs are not permitted to be installed as ROOF SIGNS or operate as BILLBOARDS.

(Ord. No. 638, § 3, 11-12-2024, eff. 12-12-2024)

17.37.700 - Business signs—Regulations in all zoning districts.

Business sign regulations applicable in all zoning districts are designated as set forth in Table 17.37.700 as follows:

Table 17.37.700

Regulations for Business Signs in All Districts

(The maximum allowable sizes and numbers are shown)

(Ord. No. 638, § 5, 11-12-2024, eff. 12-12-2024; Ord. No. 607, § 2, 5-11-2021, eff. 6-10-2021; Ord. No. 497, § 17, 4-13-2010; Ord. No. 433, § 7, 2-22-2005; Ord. No. 414, § 4, 3-9-2004; Ord. 313, § 6 (part), 1998)

17.37.800 - Maximum sign area per site.

The maximum sign area of all business signs on a site shall not exceed the following:

(Ord. No. 497, § 18, 4-13-2010; Ord. No. 414, § 5, 3-9-2004; Ord. 313, § 6 (part), 1998)

17.37.900 - Signs within easements.

Except as permitted by this code, no sign shall be placed, erected or installed within any recorded or established access easement or right-of-way, whether privately or publicly owned.

(Ord. No. 414, § 6, 3-9-2004; Ord. 313, § 6 (part), 1998)

Chapter 17.38 - OFF-STREET PARKING AND LOADING REGULATIONS

17.38.100 - Purpose.

Off-street parking and loading facilities are required to ensure functional, aesthetic and secure off-street parking and loading areas. The regulations and design standards of this chapter are intended to ensure usefulness of facilities, to protect public safety, and where appropriate, to mitigate potential adverse impacts on adjacent land uses.

(Ord. 264 §2(part), 1995; Ord. 214 §2(part), 1992)

A.

Unless stipulated by other provisions of this title, off-street parking facilities shall be provided for any new building or land use established. Off-street parking facilities shall be provided for any addition or enlargement of an existing building or use, or any change of occupancy or manner of operation that would result in additional parking spaces being required; provided, that the additional parking shall be required only for the addition, enlargement or change and not for the entire building or use.

B.

Facilities being used for off-street parking on the effective date of this ordinance codified in this title shall not be reduced in capacity to less than the number of parking spaces required, or altered in design or function to less than the minimum standards prescribed by this title, except as provided by Section 17.38.350 of this chapter.

C.

For sites with more than one land use, or for adjacent sites served by a common parking facility, the parking requirement shall be the total number of spaces required for each site or use, except as provided by Section 17.38.600 of this chapter.

D.

Parking facilities constructed or substantially reconstructed subsequent to the effective date of the ordinance codified in this title, shall conform to the design standards set forth in Sections 17.38.900 and 17.38.1000 of this chapter.

E.

Required parking facilities shall be maintained for the duration of the land use for which it is required. Such facilities shall be used exclusively for the temporary parking of motor vehicles or light trucks, and shall not be used for the sale, display or storage of merchandise, or for the storage or repair of vehicles or equipment, except as permitted by this title.

F.

Required parking facilities shall be on the same site as the land use for which required, except as authorized pursuant to Section 17.38.500 of this chapter.

G.

A land use may be required to provide more parking spaces than prescribed by this title as determined by the town engineer.

H.

Parking must be beyond all yard setbacks, except the town engineer may increase or decrease the parking setback distance from the centerline of a public street, based on the quality of sight distance, at his discretion.

(Ord. No. 524, § 1, 8-7-2012; Ord. 264 §2(part), 1995; Ord. 214 §2(part), 1992)

17.38.300 - Schedule of off-street parking requirements.

A.

Parking facilities for each land use shall be provided according to the minimum requirements set forth in Section 17.38.1000 of this chapter, applied as follows:

1.

When application of Section 17.38.1000 results in a fractional parking requirement, a fraction of 0.5 or greater shall be resolved to the higher whole number.

2.

For purposes of this section, requirements shall be based on gross floor area, but excluding enclosed or covered areas used for off-street parking or loading.

3.

When requirements are based on seats or capacity, Uniform Building Code provisions applicable at the time of determination shall be used to define capacity.

B.

Notwithstanding the provisions of Section 17.38.1000, or if alternately addressed by other provisions of this title, a minimum of four (4) off-street parking spaces shall be provided for a new commercial, industrial or multiple-family residential land use.

(Ord. 319 §2, 1999; Ord. 264 §2(part), 1995; Ord. 214 §2(part), 1992)

A.

The parking requirements set forth in Section 17.38.1000 of this chapter may be reduced by up to twenty (20) percent by the planning director, or by the planning commission or the town council upon appeal, via the granting of an administrative permit processed in accordance with Section 17.45.240 of this title. An administrative permit authorizing a reduction in required off-street parking spaces shall be granted only when all of the following findings are determined, based on substantial evidence:

1.

The specific characteristics of the land use for which the reduction is requested (e.g., hours of operation, mixed use projects, site characteristics, number of employees, characteristics of surrounding land uses, proximity to regional transit lines or public parking, etc.) do not necessitate the number of parking spaces that would otherwise be required by this chapter;

2.

Information provided by the applicant for a reduction in required parking documents the need for fewer parking spaces (e.g., market studies, sales receipts, documentation of customer volume and frequency, parking standards for the proposed land use required by other jurisdictions, etc.); and

3.

The reduced parking standards will be adequate to accommodate all parking demands generated by the proposed land use and will not be detrimental to the public's health, safety and general welfare.

(Ord. No. 524, § 2, 8-7-2012)

In a parking facility of six (6) or more spaces a maximum of thirty-three (33) percent of the spaces may be designed for small or compact cars. Spaces for compact vehicles shall be located in a manner affording desirability and usability equivalent to standard spaces.

(Ord. 319 §3, 1999; Ord. 264 §2(part), 1995; Ord. 214 §2(part), 1992)

A.

The planning director may authorize a portion or the total of the parking spaces required for a land use to be located on another site (i.e., off-site or remote parking). An application request for remote parking shall require submission of: (1) its applicable application filing fee, (2) a detailed and scaled site plan of the proposed parking, and (3) a written statement addressing the relevant factors listed in subsection B. of this section.

B.

In determining whether to approve an application for off-site or remote parking, the planning director shall consider all relevant factors, including:

1.

The location of the land use and the proposed off-site parking, and the existing and potential parking demand created by other land uses in the vicinity;

The characteristics of the land use, including employee and customer parking demand, hours of operation, and projected convenience and frequency of use of off-site parking;

3.

Convenience and safety of pedestrian access between off-site parking and the use;

4.

Difficulty or impracticality of providing all required parking on the same site as the land use it serves;

5.

The recommendations of the town engineer.

C.

The planning director may require such guarantees as deemed necessary to assure continued availability and usability of any off-site (remote) parking.

(Ord. 319 §5, 1999)

A.

The planning director may authorize an adjustment in the total parking requirement for separate land uses located on the same site, or for separate uses located on adjacent sites and served by a common parking facility. A request for adjustment shall require submission of a site plan and a written statement addressing the relevant factors listed in subsection D. of this section.

B.

The total parking requirement for all land uses served by a parking facility, determined separately for each use, may be reduced by an amount not to exceed the following:

C.

A parking facility subject to adjustment under this section shall be designed as a common, unified parking facility providing reasonably equivalent accessibility and convenience to all land uses which the parking is intended to serve.

D.

In determining whether to approve an adjustment for mixed uses, the planning director shall consider all relevant factors, including:

1.

The characteristics of each land use and the differences in projected peak parking demand, including days or hours of operation;

2.

Potential reduction in vehicle movements afforded by multipurpose use of the parking facility by employees, customers, or residents of the uses served;

3.

Potential improvements in parking facility design, circulation, and access afforded by a joint parking facility;

4.

The recommendations of the town engineer.

E.

The planning director may require such guarantees as deemed necessary to assure the continued availability of parking, and adequacy of maintenance and operating agreements to retain the usability of the parking facility.

(Ord. 319 §6, 1999; Ord. 264 §2(part), 1995; Ord. 214 §2(part), 1992)

17.38.700 - Handicapped and/or disabled facilities.

A.

Parking spaces for serving handicapped and/or disabled persons shall be established in each parking facility in accordance with the regulations of Section 1129B of Title 24, California Code of Regulations.

B.

Handicapped and/or disabled parking space facilities may be permitted to be established with a location within a yard setback area subject to town approval and issuance of an administrative permit.

(Ord. No. 496, § 3, 3-9-2010; Ord. 264 §2(part), 1995; Ord. 227 §9, 1993; Ord. 214 §2(part), 1992)

17.38.800 - Off-street loading.

A.

Each off-street loading space required by this title shall be of sufficient size to park commercial vehicles loading and unloading merchandise and materials on the property on which a space is located, together with such additional area which the town engineer determines is necessary to safely maneuver a vehicle between the loading space and any public right-of-way or any road, street or alley adjoining the property.

B.

Private off-street loading space for the handling of goods, materials and equipment shall be provided as follows:

1.

Buildings fifteen thousand (15,000) square feet or greater of gross floor area (including building conversions): one off-street loading space, plus one additional space for each additional thirty thousand (30,000) square feet of gross floor area.

2.

Buildings less than fifteen thousand (15,000) square feet or greater of gross floor area shall not be required to install an off-street loading space.

(Ord. No. 524, § 3, 8-7-2012; Ord. 264 §2(part), 1995; Ord. 214 §2(part), 1992)

17.38.900 - Facility design standards.

A.

Use of Standards. The design standards established by this section are basic guidelines for design, construction and maintenance of parking and loading facilities. The town engineer may authorize minor variation or adjustment to the design, function, attractiveness, or protection to adjoining uses in a manner equal to or greater than the specific requirements of this section.

B.

Basic Dimensions. The following basic dimensions apply to parking and loading spaces:

C.

Design. Basic facility design dimensions are illustrated in Section 17.38.1100. Additional guidelines relating to internal design and layout, turning radii, pavement, slope, signage, pedestrian circulation, construction materials, and other design features may be adopted by resolution of the planning commission upon recommendation of the planning director and town engineer.

D.

Landscaping. The following basic standards shall apply, except where conflicts may arise with the landscape ordinance of the town, in which case the landscape ordinance shall prevail.

1.

Each parking facility shall provide interior landscaping, including shade trees where appropriate, in accord with the following schedule. Where possible, existing trees shall be incorporated into landscaped areas. Interior landscaping shall be distributed throughout the parking facility to reduce the visual impact of large paved areas.

2.

Each parking facility having twelve (12) or more spaces shall provide a perimeter landscaped strip at least five (5) feet wide where the facility adjoins a property line. Perimeter landscaping shall be continuous, except for necessary access to the site or to the parking facility.

3.

Landscaped areas shall be provided with irrigation facilities, and shall be protected with curbs or equivalent barriers.

E.

Paving and Drainage. The following standards shall apply:

1.

All parking and loading facilities shall be graded and provided with permanent storm drainage facilities.

2.

Surfacing, curbing and drainage improvements shall be sufficient to preclude free flow of water onto adjacent properties or streets, and to provide adequate drainage within the facility.

3.

The surfacing of parking and loading facilities may be required to be paved, chipsealed or an equivalent improvement as deemed appropriate by the town engineer.

F.

Safety Features. The following standards shall apply:

1.

Safety barriers, protective bumpers or curbing, and directional markings shall be provided to assure safety, efficient utilization, protection to landscaping, and to prevent encroachment onto adjoining public or private property.

2.

Visibility of and between pedestrians, bicyclists and motorists shall be assured within the parking facility and at all access driveways.

3.

Internal circulation patterns, and the location and traffic direction of all access drives, shall be designed and maintained in accord with accepted principles of traffic engineering and traffic safety.

G.

Lighting. Aboveground lighting fixtures shall be designed to reflect away from any residential land use, and to minimize glare and reflection onto adjoining properties.

H.

Noise. Areas used for primary circulation, frequent idling of vehicle engines or loading activities shall be designed and located to minimize impacts on adjoining properties, including provisions for screening or sound baffling and shall comply with the regulations of the town noise ordinance.

I.

Maintenance. Parking and loading facilities shall be maintained to assure desirability and usefulness, free of refuse, debris or other accumulated matter. Landscaping, screening, fencing, signing, lighting, surfacing, striping, and other features shall be maintained in a usable manner.

(Ord. 264 §2(part), 1995; Ord. 227 §10, 1993; Ord. 214 §2(part), 1992)

17.38.950 - In-lieu parking fees.

A.

With development of new or expanded land uses upon real properties within any portion of a "C-C" (community-commercial) or "C-S" (community-services) zoning district, in lieu of providing off-street parking spaces as required by the provisions of Section 17.38.1000 of this chapter, such requirements may be satisfied subject to town of Paradise approval by:

1.

Payment to the town of Paradise, prior to the issuance of a building permit or other permit which may be required, of a sum of money for each parking space required by this chapter in an amount prescribed by the town council. The funds so deposited shall be retained by the town and shall be exclusively for the purpose of acquiring and developing public off-street parking facilities and related public transportation facilities;

2.

The town council shall, by resolution and following a public hearing, establish and/or modify the amount of money that may be deposited in lieu of providing the off-street parking facilities required by this chapter;

3.

The town council shall have the sole determination as to when and where the off-street public parking facilities contemplated to be provided pursuant to this chapter shall be acquired and developed.

B.

In the event a property owner or developer, having made a monetary deposit pursuant to subsection A of this section, subsequently brings his real property into compliance with the provisions of this chapter before the town of Paradise has expended or otherwise obligated or committed any of the money so deposited for the development of off-street parking facilities in the vicinity of such use, then upon certification of compliance furnished by the public works director to the town manager, the amount so deposited shall be refunded to the depositor.

(Ord. 319 §7, 1999)

Requirements for off-street parking are as set forth in this section as follows:

(Ord. No. 611, § 11, 10-12-2021; Ord. No. 594, § 8, 4-14-2020; Ord. No. 556, § 2, 4-14-2015; Ord. No. 524, § 4, 8-7-2012; Ord. No. 496, § 4, 3-9-2010; Ord. 319 §§ 8, 9, 1999; Ord. 264 § 2(part), 1995; Ord. 214 § 2(part), 1992)

Editor's note— Ord. No. 594 shall take effect thirty (30) days after the date of its passage/adoption.

17.38.1100 - Minimum parking facility requirements.

Minimum parking facility requirements are as set forth in this section. The lesser dimension requirements refer to compact vehicles.

(Ord. 264 §2(part), 1995; Ord. 214 §2(part), 1992)

17.38.1150 - Minimum parking facility standards.

The diagrams as set forth in this section depict the applicable minimum design standard for parking facilities.

Diagrams for Section 17.38.1150 Diagrams for 17.38.1150

==> picture [332 x 541] intentionally omitted <==

==> picture [384 x 541] intentionally omitted <==

Diagrams for 17.38.1150

==> picture [435 x 411] intentionally omitted <==

Diagrams for 17.38.1150

• (Ord. 264, § 2(part), 1995; Ord. 214, § 2(part), 1992)

Chapter 17.39 - NONCONFORMING USES

17.39.100 - Continuation of existing nonconforming uses.

A.

Except as otherwise provided in this chapter, the lawful use of land, buildings or structures existing at the time of adoption of the ordinance regulations codified in this Title 17 may be continued, although the land use, building or structure does not conform to the regulations specified by this title for the zoning district in which such use, building or structure is located. A lawful, nonconforming building or structure may be repaired, maintained or altered internally unless otherwise restricted.

B.

An existing nonconforming use of land or building may be continued upon approval and issuance of a conditional use permit processed in accordance with the provisions of Chapter 17.45 of this code; and only

if all the following conditions are verified as being applicable to the subject nonconforming use:

1.

The nonconforming use could have been permitted on the property in question subject to a use permit under the provisions of county of Butte zoning ordinance No. 1750 on November 29, 1979 (date of town of Paradise incorporation); and

2.

The nonconforming use existed on the property on November 29, 1979, and has existed continually on the property to the present date.

(Ord. 320, § 4, 1999; Ord. 214, § 2(part), 1992)

17.39.150 - Nonconforming parcels or lots.

A.

An unimproved or undeveloped nonconforming parcel or lot that does not comply with the minimum area or lot width requirements of the land use regulations for the zoning district in which it is located, shall be considered to be a legal building site if it meets one of the following criteria:

1.

Approved Land Division. The parcel or lot was created through a recorded parcel map or subdivision final map or a recorded certificate of compliance.

2.

Partial Government Acquisition. The parcel or lot was created in compliance with the provisions of this code, but was made nonconforming when a portion of the parcel or lot was acquired by a governmental entity so that the affected parcel or lot size is decreased not more than twenty-five (25) percent of its minimum area requirement assigned by the land use regulations for the zoning district in which it is located.

B.

It shall be the responsibility of the applicant to produce sufficient evidence to establish the applicability of such criteria.

(Ord. No. 442, § 2, 1-10-2006; Ord. 320, § 5, 1999)

If the lawful nonconforming use of land, buildings or a structure ceases either totally or partially for a continuous period of twelve (12) months, the nonconforming use shall be deemed totally or partially abandoned as the case may be, unless adequate evidence is provided to the planning director verifying that the nonconforming use has not been abandoned or partially abandoned. If the planning director finds and declares that a nonconforming use of land, buildings or structures has ceased for a continuous twelve

(12) month period of time, then to the extent of abandonment, any subsequent use of the land, building or structure shall be in conformity to the regulations specified by this title.

(Ord. 227, § 11, 1993; Ord. 214, § 2(part), 1992)

Any lawful nonconforming building or structure destroyed by any means to the extent of more than fifty (50) percent of its assessed value as shown on the latest equalized county assessment roll preceding its destruction may be restored as follows:

A.

Restored and used only in compliance with the regulations specified by this title for the zoning district wherein the building or structure is located; or

B.

Restored and used again as a lawful nonconforming use subject to town approval and issuance of a conditional use permit.

C.

Notwithstanding subsection B, those properties, excepting those located within the central business zoning district, destroyed by a natural disaster in a declared state of emergency may be reconstructed as a lawful nonconforming use subject to the following:

1.

Reconstruction shall begin within two (2) year after the affected property being cleared of disaster debris and shall be completed within four (4) years.

2.

The reconstructed structure shall not exceed the nonconformity of the original structure in terms of setbacks, floor area, height, and any other property characteristics as determined by the planning director.

3.

If reconstruction is not started within two (2) year after the property being cleared of disaster debris, the property shall be subject to the use permit requirements of subsection B or may become subject to abandonment under Section 17.39.200.

(Ord. No. 580, § 1, 10-8-2019, eff. 11-7-2019; Ord. 214, § 2(part), 1992)

The enlargement or expansion of any lawful nonconforming use shall be subject to all general requirements as set forth in this section.

A.

Enlargement.

1.

Any building or structure, lawfully nonconforming as to yard setback, height or lot coverage requirements, may not be added onto or enlarged unless the additions and enlargements are made in conformance with the regulations of the applicable zone, or upon issuance of a variance.

2.

Any building or structure, lawfully nonconforming for reasons other than those in subsection A.1. of this section, may be added onto or enlarged upon town approval and issuance of a conditional use permit.

B.

Expansion.

1.

A lawful nonconforming use may be expanded within an existing building or structure upon town approval and issuance of a conditional use permit.

2.

A building or structure containing a lawful nonconforming use may be added onto or enlarged to expand the lawful nonconforming use upon town approval and issuance of a conditional use permit.

3.

A lawful nonconforming use of land with no structures shall not be expanded or increased to occupy a greater land area either on the same or adjoining property nor shall the intensity of the existing use be increased, except that occupation of a greater land area or an increase in intensity may be permitted upon town approval and issuance of a conditional use permit.

C.

Relocation. A lawful nonconforming building or structure shall not be moved to any other lot or to any other portion of the lot on which it is presently located unless as a result of the move the building or structure shall conform to the regulations specified by this title.

D.

Change in Use. If no structural alterations are made, the lawful nonconforming use of a building or structure may be changed to another nonconforming use, which, in the opinion of the planning commission, is of the same, functionally equivalent, or more conforming nature.

E.

Alteration. Except as otherwise provided in this chapter, any alteration of a lawful nonconforming building or structure in a manner that decreases its nonconformity with the regulations of this title shall be

permitted.

(Ord. 214, § 2(part), 1992)

A.

Upon recommendation of the planning commission, the town council may order a nonconforming use to be terminated. Before recommending the termination of a nonconforming use, the planning commission shall conduct a public hearing not sooner than fifteen (15) days after written notice of the public hearing is mailed or delivered to the owners and tenants of the nonconforming use. If the owner or tenants have not made a substantial investment in furtherance of the use, or if the investment can be substantially utilized or recovered by changing the nonconforming use to a currently permitted use of the property, the recommendation may require complete termination of the nonconforming use within a minimum of one year after the date of the town council order. If the owner or tenants have made a substantial investment in furtherance of the nonconforming use, or if the investment cannot be substantially utilized or recovered by changing the nonconforming use to a currently permitted use, the recommendation may require complete termination of the nonconforming use within a reasonable amount of time exceeding one year after the date

of the town council order. The planning commission may recommend that nonconforming uses, which are determined to be an imminent threat to public health or safety, may be terminated immediately. In making its recommendation to the town council, the planning commission shall consider:

1.

The total cost of land and improvement;

2.

The length of time the use has existed;

3.

Adaptability of the affected property to a currently permitted use;

4.

The cost of moving and re-establishing the use elsewhere;

5.

Whether the use is detrimental to the implementation of the Paradise general plan;

6.

Compatibility of the use with the existing land use patterns and densities of the surrounding neighborhood;

7.

Whether the use poses a possible threat to public health, safety or welfare; and

Any other relevant factors.

B.

If the planning commission recommends that the nonconforming use should be terminated, the town council shall hold a public hearing after fifteen (15) days written notice to the owner and tenants of the nonconforming use. If the town council concurs with the recommendation of the planning commission, it shall order the termination of the nonconforming use as set forth in this section.

C.

Failure to comply with a town council order to terminate a nonconforming use shall constitute a public nuisance subject to abatement in accordance with California Code of Civil Procedure Section 531, or, at the discretion of the town attorney, the public nuisance shall be subject to an action to enjoin it.

D.

Costs incurred by the town by reason of involuntary abatement of the public nuisance shall be paid by the owners and tenants of the nonconforming use and shall be a special assessment against the land where the nonconforming use is located.

(Ord. 348, § 3, 2000)

17.39.600 - Termination as a result of public agency acquisition or eminent domain.

Notwithstanding any other provisions of this chapter, whenever a nonconforming use of land or buildings is terminated by reason of an acquisition of the property or portion thereof by a public agency by eminent domain or an acquisition under threat of the use of eminent domain, the nonconforming use may be relocated to another location where zoning permits it and that any relocated or reconstructed building or structure shall complement and harmonize with the existing and permitted land uses in its new vicinity and shall be compatible with the physical design aspects of the surrounding neighborhood.

(Ord. 348, § 4, 2000)

Chapter 17.40 - RECYCLING MACHINES AND FACILITIES

The purpose of this chapter is to regulate the placement and installation of recycling facilities, reverse vending machines and mobile recycling units. In addition, this chapter implements Title 14, Division 2, Chapter 5 of the California Administrative Code, known as the California Beverage Container Recycling and Litter Reduction Act of 1987.

(Ord. 264, § 2(part), 1995; Ord. 214, § 2(part), 1992)

17.40.200 - Basic regulations—Permits required.

No person shall permit the placement, construction or operation of any recycling facility without first obtaining a permit pursuant to the provisions set forth in this title. Recycling facilities may be permitted as set forth in Section 17.40.250 of this chapter.

(Ord. 264, § 2(part), 1995; Ord. 214, § 2(part), 1992)

Recycling facilities are permitted as set forth in this section as follows:

(Ord. 264, § 2(part), 1995; Ord. 214, § 2(part), 1992)

A single administrative permit may be granted by the planning director to allow more than one reverse vending machine(s) or small collection facility located on different sites under the following conditions:

A.

The operator of each of the proposed facilities is the same operator.

B.

The proposed facilities are determined by the planning director to be similar in nature, size and intensity of activity.

C.

All of the applicable criteria and standards set forth in this chapter are met for each such proposed facility.

(Ord. 264, § 2(part), 1995; Ord. 214, § 2(part), 1992)

Recycling facilities permitted with a site plan review shall meet all the applicable criteria and standards listed. Those recycling facilities permitted with a site plan review, or conditional use permit shall meet the applicable criteria and standards; provided, that the planning director, planning commission or town council, as the case may be, may relax such standards or impose stricter standards as an exercise of discretion upon a finding that such modifications are reasonably necessary in order to implement the general intent of this chapter and the purposes of this title.

(Ord. 264, § 2(part), 1995; Ord. 214, § 2(part), 1992)

17.40.500 - Standards and criteria for recycling facilities.

A.

Reverse Vending Machine(s). Reverse vending machines do not require additional parking spaces for recycling customers and may be permitted in all commercial, community facilities/services and industrial zones following issuance of an administrative permit by the planning director; and provided, that they comply with the following standards:

1.

Established in conjunction with a commercial or community service facility which is in compliance with the zoning, building and fire codes of the town.

2.

Located within thirty (30) feet of the entrance to the established primary land use and shall not obstruct pedestrian or vehicular circulation. A greater distance can be approved by the planning director upon a finding that the greater distance will better serve the site.

3.

Shall not occupy parking spaces required by the primary use.

4.

Shall occupy no more than fifty (50) square feet of floor space per installation, including any protective enclosure, and shall be no more than eight (8) feet in height.

5.

Constructed and maintained with durable waterproof and rustproof material.

6.

Clearly marked to identify the type of material to be deposited, operating instruction, and the identity and phone number of the operator or responsible person to call if the machine is inoperative.

Shall have a maximum sign area of four (4) square feet per machine, exclusive of operating instructions.

8.

Shall be maintained in an operable and clean, litter-free condition on a daily basis.

9.

Operating hours shall be at least the operating hours of the host use.

10.

Shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn.

B.

Small Collection Facilities. Small collection facilities may be sited in the C-C, C-B, N-C, C-S, C-F and I-S zones following approval and issuance of an administrative permit by the planning director provided they comply with the following conditions:

1.

Established in conjunction with an existing commercial use or community service facility which is in compliance with the zoning, building and fire codes of the town.

2.

No larger than five hundred (500) square feet and occupy no more than five (5) parking spaces not including space that will be periodically needed for removal of materials or exchange of containers.

3.

Established in such a manner as not to obstruct pedestrian or vehicular circulation, nor create a sight distance problem as determined by the planning director.

4.

Shall accept only glass, metals, plastic containers, papers and reusable items.

5.

Use no power-driven processing equipment except for reverse vending machines.

6.

Use containers that are constructed and maintained with durable waterproof and rustproof material, covered when the site is not attended, secured from unauthorized entry or removal of material, and shall be of a capacity sufficient to accommodate materials collected and collection schedule.

Store all recyclable material in containers or in the mobile unit vehicle, and shall not leave materials outside of containers when attendant is not present.

8.

Maintained free of litter and any other undesirable materials; and mobile facilities, at which truck or containers are removed, shall be swept at the end of each collection day.

9.

Shall not exceed noise levels of sixty (60) dba as measured at the property line of residentially zoned or occupied property, otherwise shall not exceed seventy (70) dba.

10.

Attended facilities located within one hundred (100) feet of a property zoned or occupied for residential use shall operate only during the hours between 9:00 a.m. and 7:00 p.m.

11.

Containers for the twenty-four (24) hour donation of materials shall be at least thirty (30) feet from any property zoned or occupied for residential use unless there is a recognized service corridor and acoustical shielding between the containers and the residential use.

12.

Containers shall be clearly marked to identify the type of material which may be deposited; the facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation, and display a notice stating that no material shall be left outside the recycling enclosure or containers.

13.

Signs may be provided as follows:

a.

Recycling facilities may have identification signs with a maximum of twenty (20) percent per side or sixteen (16) square feet, whichever is larger, in addition to informational signs required in Section 17.40.500(B)(12); and in the case of a wheeled facility, the side will be measured from the pavement to the top of the container.

b.

Directional signs, having no advertising message, may be installed with the approval of the planning director if necessary to facilitate circulation, or if the facility is not visible from the public right-of-way.

14.

The facility shall not impair the landscaping required by local ordinances, by this title or any permit issued pursuant thereto for any concurrent land use.

15.

No additional parking spaces will be required for customers of a small collection facility located at the established parking lot of a host use. Open space will be provided for the attendant, if needed.

16.

Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present.

17.

Occupation of parking spaces by the facility and by the attendant may not reduce available parking spaces below the minimum number required for the primary host use unless all the following conditions exist.

a.

The facility is located in a convenience zone or a potential convenience zone as designated by the California Department of Conservation.

b.

A parking study shows that existing parking capacity is not already fully utilized during the time the recycling facility will be on the site.

18.

A reduction in available parking spaces in an established parking facility may be allowed as follows:

a.

For a commercial host use:

b.

For a community facility host use: a maximum five (5) spaces reduction may be allowed when not in conflict with parking needs of the host use.

19.

If the permit has an expiration date and such a permit expires without renewal, the collection facility shall be removed from the site on the day following the permit expiration.

C.

Large Collection Facilities. A large collection facility is one that is generally larger than five hundred (500) square feet, or is on a separate property not appurtenant to a host use, and which may have a permanent building. A large collection facility is permitted in either the C-C or I-S zone with a site plan review, provided the facility meets the following standards:

1.

The facility location does not abut a property zoned or planned for residential use.

2.

The facility will be screened from the public right-of-way by operating in an enclosed building or:

a.

Within an area enclosed by an opaque fence at least six (6) feet in height and not exceeding eight (8) feet in height with landscaping;

b.

Located at least one hundred fifty (150) feet from property zoned or planned for residential use; and

c.

Meets all applicable noise standards in this code.

3.

Setbacks and landscape requirements shall be those provided for the zoning district in which the facility is located.

4.

All exterior storage of material shall be in sturdy containers which are covered, secured and maintained in good condition, as determined by the planning director. Storage containers for flammable material shall be constructed of nonflammable material. No storage, excluding truck trailers and overseas containers, will be visible above the height of the fencing.

5.

The site shall be maintained free of litter and any other undesirable materials, and will be cleaned of loose debris on a daily basis.

6.

Space will be provided on a site for six (6) vehicles or the anticipated peak customer load, whichever is higher, to circulate and to deposit recyclable materials, except where the planning director determines that allowing overflow traffic above six (6) vehicles is compatible with surrounding businesses and public safety.

7.

One parking space will be provided for each commercial vehicle operated by the recycling facility. Parking requirements will be as provided for in the zone, except that parking requirements for employees may be reduced when it can be shown that parking spaces are not necessary such as when employees are transported in a company vehicle to a work facility.

8.

Noise levels shall not exceed sixty (60) dba as measured at the property line of residentially zoned property, or otherwise shall not exceed seventy (70) dba.

9.

If the facility is located within five hundred (500) feet of property zoned or occupied for residential use, it shall not be in operation between 7:00 p.m. and 7:00 a.m.

10.

Any containers provided for after-hours donation of recyclable materials will be at least fifty (50) feet from any property zoned or occupied for residential use, shall be of sturdy, rustproof construction, shall have sufficient capacity to accommodate materials collected, and shall be secure from unauthorized entry or removal of materials.

11.

Donation areas will be kept free of litter and any other undesirable material, and the containers will be clearly marked to identify the type of material that may be deposited; the facility shall display a notice stating that no material shall be left outside the recycling containers.

12.

The facility will be clearly marked with the name and phone number of the facility operator and the hours of operation; identification and informational signs will meet the standards of the zone; and directional signs, bearing no advertising message, may be installed with the approval of the planning director, if necessary to facilitate traffic circulation or if the facility is not visible from the public right-of-way.

13.

Power-driven processing, including aluminum foil and can compacting, baling, plastic shredding, or other light processing activities necessary for efficient temporary storage and shipment of material, may be

approved at the discretion of the planning director if noise standards and other conditions are met.

D.

Processing Facilities. A light processing facility may be permitted in the community-commercial zone with a conditional use permit and in the industrial-services zone with a site plan review. Heavy processing may be allowed in the industrial-services zone with a conditional use permit. A processor must meet all the following conditions:

1.

The facility location does not abut a property zoned or planned for residential use.

2.

In the C-C or I-S zone, processors must operate in a wholly enclosed building except for incidental storage, or:

a.

Within an area enclosed on all sides by an opaque fence or wall not less than eight (8) feet in height and landscaped on all street frontages;

b.

Located at least one hundred fifty (150) feet from property zoned or planned for residential use.

3.

Power-driven processing shall be permitted, provided all noise-level requirements are met as set forth in this code. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials and repairing of reusable materials.

4.

A light processing facility shall be no larger than forty-five thousand (45,000) square feet. It shall have no more than an average of two (2) outbound truck shipments of material per day and may shred, compact or bale ferrous metals other than food and beverage containers.

5.

Setbacks and landscaping requirements shall be those provided for the zoning district in which the facility is located.

6.

All exterior storage of material shall be in sturdy containers or enclosures which are covered, secured and maintained in good condition, as determined by the planning director. Storage containers for flammable material shall be constructed of nonflammable material. No storage shall be visible above the height of the fencing, excepting truck trailers and overseas containers.

7.

The site shall be maintained free of litter and any other undesirable materials, and will be cleaned of loose debris on a daily basis and will be secured from unauthorized entry and removal of materials when attendants are not present.

8.

Space shall be provided on-site for the anticipated peak load of customers to circulate, park and deposit recyclable materials. If the facility is open to the public, space shall be provided for a minimum of ten (10) customers or the peak load, whichever is higher, except where the planning director determines that allowing overflow traffic is compatible with surrounding businesses and public safety.

9.

One parking space will be provided for each commercial vehicle operated by the processing center. Parking requirements shall otherwise be as mandated by the zone in which the facility is located.

10.

Noise levels shall not exceed sixty (60) dba as measured at the property line of residentially zoned or occupied property, or otherwise shall not exceed seventy (70) dba measured at the property line.

11.

If the facility is located within four hundred (400) feet of property zoned or planned for residential use, it shall not be in operation between 7:00 p.m. and 7:00 a.m. The facility will be administered by on-site personnel during the hours the facility is open.

12.

Any containers provided for after-hours donation of recyclable materials shall be at least fifty (50) feet from any property zoned or occupied for residential use; they shall be of sturdy, rustproof construction; they shall have sufficient capacity to accommodate materials collected; and they shall be secure from unauthorized entry or removal of materials.

13.

Donation areas shall be kept free of litter and any other undesirable material. The containers shall be clearly marked to identify the type of material that may be deposited. The facility shall display a notice stating that no material shall be left outside the recycling containers.

14.

Sign requirements shall be those provided for the district in which the facility is located. In addition, the facility shall be clearly marked with the name and phone number of the facility operator and the hours of operation.

(Ord. 264 § 2(part), 1995; Ord. 214 § 2(part), 1992)

All decisions of the planning director made pursuant to this chapter may be appealed to the planning commission within seven (7) days of the decision.

(Ord. 264 §2(part), 1995; Ord. 214 §2(part), 1992)

Chapter 17.41 - DESIGN STANDARDS AND DESIGN REVIEW[[6]]

Footnotes:

--- ( 6 ) ---

Editor's note— Ord. No. 400, § 1, adopted Aug. 12, 2003, repealed Ch. 17.41, in its entirety and enacted new provisions to read as herein set out. Former Ch. 17.41 pertained to design review and derived from Ord. No. 378, § 1(part), adopted 2002; and Ord. No. 393, § 1, adopted 2003. Additionally, Ord. No. 497, § 19, adopted April 13, 2010, changed the title of Ch. 17.41 from "Design Guidelines and Design Review" to read as herein set out.

This chapter is adopted to promote the general health, safety, welfare and economy of the community. The purposes of this chapter are to:

A.

Promote orderly and harmonious development of the Downtown and Redevelopment Project Area.

B.

Enhance the desirability of investment in future development projects within the Town of Paradise.

C.

Encourage the attainment of the most desirable designs for new and existing commercial and residential improvements in developing areas within the Town of Paradise.

D.

Enhance the desirability of living conditions upon new commercial sites or in adjacent areas in the Town of Paradise; and

E.

Promote commercial developments, which are of high aesthetic quality and are compatible with each other.

(Ord. No. 497, § 20, 4-13-2010; Ord. No. 400, § 1, 8-12-2003)

The town council does hereby repeal the Town of Paradise Downtown Design Guidelines dated May 14, 2002; and hereby adopts the Town of Paradise Design Standards dated March 9, 2010. The Design Standards for the Greater RDA Area are hereby rescinded, and the Design Standards for the Downtown and the Clark Rd/Community Commercial Development Area are hereby updated by town council resolution April 12, 2022.

(Ord. No. 616, 5-10-2022, eff. 6-9-2022; Ord. No. 497, § 21, 4-13-2010; Ord. No. 400, § 1, 8-12-2003)

Editor's note— Ord. No. 497, § 22, adopted April 13, 2010, repealed § 17.41.300, which pertained to design review board and derived from Ord. No. 469, § 1, 8-28-2007; Ord. No. 433, § 8, 2-22-2005; Ord. No. 400, § 1, 8-12-2003.

17.41.400 - Design review approval.

A.

No person shall be issued a building permit for a new or expanded commercial quasi-commercial, community service, office, publicly-funded or multi-family development project, the design of which is subject to the town's adopted design standards and criteria in the Town of Paradise unless the project has been approved or conditionally approved by town staff for compliance with the design criteria and standards set forth in the Town of Paradise Design Standards.

B.

No person shall change the color of the exterior of a commercial, quasi-commercial, community service, office, public or multi-family building in violation of the design criteria and standards set forth in the Town of Paradise Design Standards.

C.

All design review applications under this Chapter 17.41 shall be processed in accordance with time limits set forth in the Permit Streamlining Act, commencing with Government Code section 65920.

(Ord. No. 497, § 23, 4-13-2010; Ord. No. 400, § 1, 8-12-2003; Ord. No. 433, § 9, 2-22-2005; Ord. No. 457, § 5, 1-9-2007)

17.41.500 - Procedures for design review.

A.

Design Review Applications. Any person proposing to construct a development project subject to design review under the provisions of this chapter or any other program of the town shall, prior to implementation of such action and/or filing for any required building permit, file an application for design review with town staff for design review. Such application shall be in the form as required by the Town Manager.

B.

Procedures for Design Review by Town Staff.

1.

Design Plan Decision and Notification. After consideration of the architectural/design plans, town staff shall issue its determination setting forth its approval, conditional approval, or its disapproval of the plans, and shall then transmit or cause to be transmitted to the applicant and Community Development Director written notice of its decision. The Community Development Director (or a designee), upon receipt of the drawings and plans, shall certify that the final plans submitted under this section are in accord with the architectural/design plans as approved by town staff. After such certification, any permits for the project may thereafter be issued in accordance with the provisions of this code.

2.

Appeal. Any party aggrieved by an action of town staff under this chapter may file an appeal to the Town Council within ten (10) days after notice of the decision is given. Such appeal shall be made by filing a notice of appeal with the Town Clerk. Upon the filing of a notice of appeal, the Community Development Director shall, within ten (10) days, transmit to the Town Clerk all papers and documents relating to the appeal. The notice of appeal shall include and be accompanied by the fee set forth in the Town Master Fee Schedule.

ter notice of the decision is given. Such appeal shall be made by filing a notice of appeal with the Town Clerk. Upon the filing of a notice of appeal, the Community Development Director shall, within ten (10) days, transmit to the Town Clerk all papers and documents relating to the appeal. The notice of appeal shall include and be accompanied by the fee set forth in the Town Master Fee Schedule.

(Ord. No. 497, § 24, 4-13-2010; Ord. No. 400, § 1, 8-12-2003; Ord. No. 433, § 10, 11, 2-22-2005)

Chapter 17.42 - WIRELESS COMMUNICATION FACILITIES

With the rapid growth of the telecommunications industry and subsequent development of wireless communication facilities, the purpose of this chapter is to:

A.

Provide the regulatory mechanism that accommodates the installation and development of wireless communication facilities, whose services benefit the residents and business service providers of the.

B.

Define the development standards for the placement and construction of wireless communication facilities consistent with the Federal Telecommunications Act of 1996.

C.

Minimize the visual impacts these facilities can create in the community by promoting well-designed and appropriately placed facilities.

(Ord. 369, § 1 (part), 2001)

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

"Antenna" means any system of wire, poles, rods, reflecting discs, or similar devices used for the transmission or receiving of electromagnetic radio frequency waves.

(1)

"Building mounted" means an antenna which is affixed to or supported by the roof or exterior wall of a building or other structure.

(2)

"Ground mounted" means an antenna which is fully or partially supported by a platform, framework, pole, or other structural system that is affixed to or placed directly on or in the ground.

"Co-location" means the location of two (2) or more wireless communication facilities on a single support structure or otherwise sharing a common location. For the purposes of this chapter, co-location shall also include the location of wireless communication facilities with other facilities such as water tanks, light standards, and other utility facilities and structures.

"Communication tower" means any structure which is used to transmit or receive electromagnetic radio frequency waves or that supports such a device.

"Electromagnetic radio frequency waves" means waves of electric and magnetic energy radiating away from a transmission source to be picked up by a receiving antenna for the purpose of communicating information.

"Wireless communication facility" means a facility containing communication towers and/or antennas and any related equipment for the purpose of transmitting or receiving electromagnetic radio frequency waves.

(Ord. 369, § 1 (part), 2001)

The following wireless communication facilities shall be exempt from the requirements of this chapter provided its antenna structure complies with all other applicable zoning requirements of this title:

A.

Any antenna structure that is designed and used solely to receive UHF, VHF, AM and FM broadcast signals from licensed radio and television stations;

B.

Any antenna structure that is designed and used solely in connection with authorized operations of an amateur radio station licensed by the FCC [i.e., a "ham" radio transmission].

(Ord. 369 §1(part), 2001)

Every wireless communication facility permitted and constructed within the town shall comply with all safety standards of the American National Standards Institute, Institute of Electrical and Electronic Engineers, Public Utilities Commission, Federal Communications Commission, Uniform Building Code, National Electric Code, this code and any other codes and standards as applicable. In addition, the town shall not be liable if subsequent new wireless communication facility development impairs existing antenna reception.

(Ord. 369 § 1 (part), 2001)

All wireless communication facilities shall be subject to the following permitting:

A.

Administrative Permit. New wireless communication facilities which will be co-locating on or within an existing approved tower or facility shall be subject to town approval of an administrative permit. This shall include co-location with other facilities such as water tanks, light standards and other similar utilities.

B.

Site Plan Review Permit. Other than those facilities subject to an administrative permit, all new wireless communication facilities which comply with the regulations contained in this chapter including, but not limited to height, location and screening shall be subject to town approval of a site plan review permit.

C.

Conditional Use Permit. Those facilities that require a conditional use permit include:

1.

Where multiple wireless communication sites are proposed by a single applicant, a conditional use permit shall be required to act as a master land permit for all sites under single review by the planning commission;

2.

All facilities which do not comply with the regulations of this chapter.

(Ord. 369 § 1 (part), 2001)

A.

Building mounted facilities shall not exceed fifteen (15) feet in height greater than the maximum height permitted for the zoning district in which it is located. Height limits for all ground mounted facilities shall be subject to the following standards:

Maximum Height for Ground Mounted Facilities

(Ord. 369 § 1 (part), 2001)

17.42.060 - Location.

A.

New wireless communication facilities shall be co-located with other existing or planned facilities where feasible or where found to minimize visual impact.

B.

No facility shall be installed closer than one-half (½) mile from another site unless it is on a previously approved co-located facility or multiple-user site.

C.

All new facilities shall be located outside of the required setback area for the respective zoning district in which the facility is located.

D.

On a developed site, communication towers may be permitted only where the applicant has demonstrated a good faith effort to secure an alternate site at an existing utility substation and it is reasonably demonstrated that the proposed facility cannot be placed on an existing building or communication tower.

E.

No facility shall be installed on an exposed ridgeline, in or at a location readily visible from a public trail or other recreation area, a town designated scenic area or town residential zoned area unless it is satisfactorily screened or made to appear as a natural environment feature.

F.

A communication tower shall not be located in the required front yard setback.

(Ord. 369 § 1 (part), 2001)

Only those facilities that are building mounted or totally enclosed within a building shall be permitted in any town residential zoning district. Building mounted facilities in a town residential zoning district shall be

located or screened so as to prevent any public view or shall be architecturally designed to appear as an integral part of the building on which it is attached.

(Ord. 369 § 1 (part), 2001)

The following development and design standards shall be considered in the design and location of all wireless communication facilities:

A.

All wireless communication facilities equipment shall be screened or camouflaged so as to reduce visual impacts. Existing site features shall be used to screen the facility where possible.

B.

All facilities must be architecturally and visually compatible with surrounding buildings, structures, vegetation and/or uses in the area.

C.

All antennas, towers or related equipment shall have a non-reflective finish or paint consistent with the background area where the facility is to be placed.

D.

Screening for ground-mounted equipment shall include existing and/or new vegetation pursuant to Chapter 15.36 of this code.

E.

Building-mounted equipment shall be located, painted and/or architecturally designed so as to be compatible with surrounding buildings and/or uses.

(Ord. 369 § 1 (part), 2001)

The service provider of a wireless communication facility shall notify the town of the intent to discontinue operation no less than thirty (30) days before discontinuance. Upon the discontinuance of use, all related equipment shall be removed and the property restored to the pre-construction condition within one hundred twenty (120) days of the cessation of operation.

(Ord. 369 § 1 (part), 2001)

Chapter 17.44 - AFFORDABLE HOUSING INCENTIVES/RESIDENTIAL DENSITY BONUS

The purpose of providing a housing density bonus or incentives is to contribute to the economic feasibility of affordable housing in housing developments proposed within the town.

(Ord. 338 §1(part), 2000)

When a developer proposes to enter into an agreement to construct affordable units pursuant to Government Code Section 65915, the developer shall be eligible for a housing density bonus or incentives if the housing development consists of five (5) or more units.

(Ord. No. 553, § 1, 2-10-2015; Ord. 338 §1(part), 2000)

Any person requesting a housing density bonus or incentives shall apply for an agreement with the town. A housing density bonus or incentives shall be granted by approval of the agreement which shall specify the density bonus and/or incentives, and any conditions attached to the approval of such bonus and/or incentive.

(Ord. No. 553, § 2, 2-10-2015; Ord. 338 §1(part), 2000)

Prior to town action on an agreement providing housing density bonus or incentives, the planning commission shall consider the agreement and make a recommendation to the town council.

(Ord. No. 553, § 3, 2-10-2015; Ord. 338 § 1(part), 2000)

The developer may specify the housing density bonus or incentives requested; however, the town may agree to provide a housing density bonus or incentives other than those requested, so long as such housing density bonus or incentives meet the requirement set forth in California Government Code Section 65915 and such action is determined to be consistent with the housing element of the Paradise general plan.

(Ord. 338 § 1(part), 2000)

Chapter 17.45 - ADMINISTRATION Article I. - ENVIRONMENTAL REVIEW

All procedures set forth by the environmental review guidelines in effect for the town shall be used in all reviews of land use projects subject to the regulations set forth in this title.

(Ord. 264 § 2(part), 1995; Ord. 214 § 2(part), 1992)

Article II. - CONDITIONAL USE PERMITS/ADMINISTRATIVE PERMITS

Use permit application procedures shall be as follows:

A.

Use permits shall be issued as provided in this title only for land uses or purposes for which such permits are required. The planning director shall conduct a public hearing and decide all applications for use permits required by this title. If the planning director determines that the use permit application is controversial or if major policy questions are at issue, the application may be referred to the planning commission for public hearing and action. Notice of such public hearing shall be in accordance with the provisions of Section 17.45.700. In approving a use permit, the planning director or planning commission may include such conditions as are deemed reasonable and necessary to preserve the integrity and character of the zoning district and the general plan. Such conditions may include, but are not limited to: time limitations, street dedication, street and drainage improvements, etc. Nothing in this title shall be construed to limit the discretion of the authority of the planning director to require conditions. Conditions imposed upon issuance of a use permit must be reasonably related to the use of the property for which the permit is requested.

B.

The planning director may condition a use permit to prohibit a building, structure or land use to be occupied until an inspection has been made which finds that the building, structure or land use complies with all conditions specifically required to be completed prior to occupancy. If a building permit is issued for a building or structure which is subject to a use permit so conditioned, the town engineer or building inspector shall not approve a final inspection of such building or structure until the conditions have been met; provided, however, that responsibility for use permit compliance remains with the planning director. The planning commission or the planning director may also require conditions be completed prior to the issuance of building permits.

C.

Applications for use permits shall be filed with the community development department and shall be accompanied by a plot plan sufficient to show the details of the proposed land use or building. Upon receipt of a complete application and payment of the appropriate fee for a use permit, the planning staff shall set a date for a public hearing on the application.

D.

The planning director or the planning commission, on the basis of the evidence submitted at the public hearing, may grant use permits whenever the following findings are determined:

1.

The proposed land use is consistent with the provisions of this title as well as the goals and policies of the Paradise general plan.

The proposed land use is compatible with surrounding land uses and shall not be detrimental to the public's health, safety and general welfare.

(Ord. 264 § 2(part), 1995; Ord. 214 § 2(part), 1992)

17.45.210 - Time limit—Expiration.

A.

If any land use for which a use permit has been granted and issued is not established within three (3) years of the use permit's effective date established in accordance with the provisions of Section 17.45.220 of this chapter, the use permit may become subject to revocation and the planning director (or designee) may initiate a revocation proceeding as set forth in Section 17.45.230 of this chapter. In the event the use permit is revoked pursuant to this chapter, reapplication and reapproval shall be required to establish the land use previously granted under the expired and revoked permit.

B.

A use permit shall be deemed eligible for revocation if the established land use for which the permit was granted has ceased or has been suspended for twelve (12) consecutive months.

C.

Upon application, and for good cause shown by the permittee at a public hearing, the planning director or the planning commission may extend the time limit of an unexpired use permit up to one additional year.

(Ord. No. 496, § 5, 3-9-2010; Ord. 264 § 2(part), 1995; Ord. 214 § 2(part), 1992)

17.45.220 - Effective date.

The use permit shall be deemed legally in effect and force when the use permit approval's appeal period has lapsed and the use permit is signed by the planning director. This date shall be so noted in the official use permit application file and shall also be noted upon the issued use permit.

(Ord. 332 § 12, 1999; Ord. 264 § 2(part), 1995; Ord. 214 § 2(part), 1992)

Whenever any alleged violation of the terms of a use permit is brought to the attention of the planning director and after investigation it is determined that a violation does exist, then the permittee shall be sent a written notice to comply within thirty (30) days. The notice shall be sent by certified mail, return receipt requested, and the thirty-day period shall commence with the date of the mailing of the notice. If the permittee does not comply within the thirty-day period, the planning director (or designee) may place the question of revocation of the use permit on the agenda of the next available planning commission and/or planning director meeting. A public hearing shall be required to be conducted by the planning commission or the planning director in order for the town to legally revoke a use permit.

(Ord. No. 496, § 6, 3-9-2010; Ord. 264 § 2(part), 1995; Ord. 214 § 2(part), 1992)

Administrative permit application procedures shall be as follows:

A.

Administrative permits (and/or modifications thereof) shall be processed and approval thereof issued as provided via the provisions of this title only for those land uses or purposes for which such permits are required. The planning director shall conduct a review and administratively render a town decision-making action for all applications for administrative permits (and/or modifications thereof).

B.

At the discretion of the planning director, any administrative permit (and/or modifications thereof) application may be directed to the planning commission for consideration and decision-making action.

C.

In processing and approving an administrative permit application, the planning director or planning commission shall evaluate and base the application decision subject to the use and/or application of the requirements of the California Environmental Quality Act and existing Town of Paradise adopted development standards, criteria, policies, and regulations.

(Ord. No. 473, § 5, 12-11-2007; Ord. 375 § 6, 2002; Ord. 332 § 13, 1999)

17.45.245 - Effective date.

The administrative permit shall be deemed legally in effect and force when the administrative permit approval's appeal period has lapsed and the administrative permit is signed by the planning director. This date shall be so noted in the official administrative permit application file and shall also be noted upon the issued administrative permit.

(Ord. 436, § 8, 6-14-2005)

After providing the permittee with written notification and a public meeting, the planning director is vested with the administrative authority to officially revoke an administrative permit whenever evidence exists and a determination is made verifying that an administrative permit authorized land use activity has been established or is being conducted in a manner that does not comply with existing town of Paradise land use regulations of this code and/or applicable town of Paradise adopted land use development standards, policies and criteria.

(Ord. 332 § 14, 1999)

Article III. - VARIANCES

17.45.300 - Variance.

A.

Variances from the requirements of this title shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this title deprives such property of privileges enjoyed by other property in the vicinity and subject to identical zoning regulations.

B.

Any variance granted may be subject to such conditions as will assure that the adjustment authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and subject to identical zoning regulations.

C.

All variances to building coverage, height, lot width, parking, setback and signage requirements shall be granted or denied by the planning director. This decision may be appealed to the planning commission within seven (7) days following the decision date. Anyone directly effected by the decision may appeal. Ten (10) days prior to a decision rendered by the planning director, the property owners within three hundred (300) feet of the subject property shall be notified by mail of the application. At his/her discretion, the planning director may refer the variance application to the planning commission. Any variance reviewed by the planning commission shall require a public hearing.

D.

All variance applications other than variances addressed by the provisions of subsection C of this section shall be granted or denied by the planning commission at a public hearing. Notice of the hearing shall be given pursuant to Section 17.45.700 of this chapter.

E.

A variance shall not be granted to allow land uses on property which conflict with the uses permitted in the zoning district affecting the property.

F.

Applications for variances shall be made to the community development department together with appropriate fees, documents and maps.

(Ord. 354 § 7, 2000; Ord. 264 § 2(part), 1995; Ord. 214 § 2(part), 1992)