Article 4 — GENERAL REQUIREMENTS

(a)

(1)

The provisions of this article shall apply in all zones, except as specifically provided otherwise by this article.

(2)

Where the provisions of this article differ from those of a zone, the provisions of this article shall apply.

(b)

(1)

A use defined by this chapter shall include all uses defined in terms of those uses.

(2)

The uses defined in this chapter shall include all uses which are functionally equivalent.

(3)

The Planning Director shall determine, upon an application, if a use is functionally equivalent to a defined use.

(c)

The express enumeration in this chapter of a use in any zone shall prohibit such use in any zone in which it is not expressly enumerated.

(d)

Any zone may establish conditions for the employment of a use.

(e)

(1)

The provisions of combining zones shall apply in all zones with which combining zones are combined.

(2)

Where the provisions of a combining zone differ from those of a zone with which it is combined, the provisions of the combining zone shall apply.

(3)

Where more than one combining zone is applied, the provisions of all the combining zones shall apply, except that where the provisions of one combining zone prohibit or restrict a use permit permitted by another combining zone, the prohibition or restriction shall apply.

(§ 3, Ord. 84-593, eff. January 3, 1985; § 3, Ord. 05-1026, adopted March 29, 2005)

Sec. 9-2.402. - General requirements enumerated.

The following general requirements are addressed in this article:

(a)

Airports;

(b)

Camp grounds;

(c)

Camping;

(d)

Cannabis cultivation;

(e)

Easements;

(f)

Eaves and overhangs;

(g)

Fences;

(h)

Flood;

(i)

Garages and carports;

(j)

Height;

(k)

Landscaping;

(l)

Lighting facilities;

(m)

Manufactured homes and commercial coaches;

(n)

Noise;

(o)

Parking and loading;

(p)

Porches and stoops;

(q)

Public utility facilities;

(r)

Signs;

(s)

Temporary occupancy;

(t)

Timber harvesting; and

(u)

Yards.

(§ 3, Ord. 84-593, eff. January 3, 1985, as amended by § 1, Ord. 89-719, eff. November 2, 1989, § 1, Ord. 91-762, eff. October 3, 1991, Exh. A, § 2, Ord. 873, eff. October 31, 1996, and § 5 (Exh. A), Ord. 98-902, eff. September 10, 1998, as amended by § 4, Ord. 99-924, eff. November 11, 1999; § 4(Exh. A), Ord. 20191119, adopted April 9, 2019)

Sec. 9-2.403. - Airports.

Airport surfaces, as identified in the General Plan, shall be free of man-made obstructions.

Within airport zones of influence, as identified in the General Plan, only those uses which are not subject to the California Environmental Quality Act, or which are exempt from the California Environmental Quality Act, either ministerially or categorically, shall be permitted, except that dwelling units shall not be permitted.

(§ 3, Ord. 84-593, eff. January 3, 1985)

Sec. 9-2.404. - Camp grounds.

The design of camp grounds shall conform to the following:

(a)

Maximum parcel density, fourteen (14) units per gross acre;

(b)

Minimum average site area, 1,400 square feet; and

(c)

Minimum individual site area, 1,000 square feet.

(§ 3, Ord. 84-593, eff. January 3, 1985)

Sec. 9-2.405. - Camping.

(a)

Camping shall be prohibited within Prime Opportunity Areas as designated by the General Plan, except within camp grounds.

(b)

Camping shall be permitted on all private lands not within the Prime Opportunity Areas as designated by the General Plan if all aspects of the County health regulations are met, subject to the concurrence of the property owner for no more than one hundred twenty (120) days in a calendar year. The number of nonstructural temporary shelters and recreational vehicles used for camping on a property may be at least one and otherwise shall not exceed the number of dwelling units and additional quarters and the accessory dwelling units permitted on the property by the zoning, less the number thereof on the property. Camping conducted under the provisions of this subsection shall not be a camp ground use for the purposes of this chapter.

(§ 3, Ord. 84-593, eff. January 3, 1985; as amended by § 3, Ord. 86-623, eff. February 6, 1986; § 1, Ord. 91-759, eff. August 1, 1991; Exh. A, § 2, Ord. 873, eff. October 31, 1996; as amended by § 4, Ord. 99-924, eff. November 11, 1999; § 1, Ord. No. 2023-1148, adopted June 6, 2023; § 1(Exh. A), Ord. No. 2024-1154, adopted May 7, 2024)

Sec. 9-2.405.1. - Cannabis cultivation.

Cannabis cultivation as defined in Section 9-2.220.2 shall be prohibited in all zones within the County. For the purposes of this section, cannabis cultivation does not include "personal cultivation of cannabis as defined in Section 9-267.2.

(§ 5(Exh. A), Ord. 2019-1119, adopted April 9, 2019)

Sec. 9-2.405.5. - Easements.

(a)

Structures shall not be constructed within easements of any kind, except,

(b)

Structures may be constructed within an easement with written permission from all parties with right of use of the easement.

(c)

It shall be the responsibility of every applicant for a building permit, at the time of making application to:

(1)

Inform the Planning and Development Agency of the location of all easements within the building site area; and

(2)

Submit to the Planning and Development Agency any written permission to construct within an easement from all parties with the right of use of the easement; and

(3)

Inform the Planning and Development Agency of the location of all existing and proposed improvements on the property.

(d)

The Planning and Development Agency shall have the authority to:

(1)

Determine the manner in which the provision of information and submittal required by subsection (c) of this section shall be made; and

(2)

Reject any provision of information and submittal made pursuant to subsection (c) of this section which it finds unacceptable.

(e)

The accuracy of the information and submittal required by subsection (c) of this section shall be solely the responsibility of the applicant.

(§ 1, Ord. 89-719, eff. November 2, 1989)

Sec. 9-2.406. - Eaves and overhangs.

Eaves may extend into any required yard by not more than fifty (50%) percent.

(§ 3, Ord. 84-593, eff. January 3, 1985, as amended by § 1, Ord. 89-719, eff. November 2, 1989, and Exh. A, § 2, Ord. 873, eff. October 31, 1996)

Sec. 9-2.407. - Fences.

(a)

Fences not over seven (7') feet in height may be built anywhere on a property in all zones, except as modified in (c) below.

(b)

Fences over seven (7') feet in height require that a building permit be obtained and yard requirements be met.

(c)

Fences within ten (10') feet of a front property line shall be no more than four (4') feet in height on parcels zoned 2-R, 3-R, 7-R, or M-R. If the front property line is in a street, the setback shall be measured from the edge of the easement or the edge of the right-of-way line of the street. Setbacks adjacent to existing private roads without defined right-of-way or road easements shall be measured from the edge of the maintained area of the road.

(d)

Fences not over eight (8') feet in height may be built anywhere on a property zoned industrial, subject to building permit requirements.

(e)

Fences not over eight (8') feet in height not in an industrial zone may be built subject to the yard requirements.

(f)

Heights of fences from grade shall be measured at any point along entire length of fence within five (5') feet of base grade of fence on each side of fence.

(g)

For fences adjacent to ascending slopes, fences can be increased in height at a rate of one ot in fence height for each three (3') feet in natural elevation rise within five (5') feet of the base grade of the fence.

(h)

Anything attached to a fence that increases the overall height of the fence shall be considered part of the fence and subject to height restrictions.

(i)

Perimeter fencing, such as for the purpose of large animal husbandry, is encouraged to be wildlife friendly. A wildlife-friendly fence is one that allows animals to jump over and crawl under easily without injury.

The lowest wire comprising a wire perimeter fence should be of smooth wire, and should be placed at a height of at least sixteen (16") inches above the ground. If the perimeter fence is for the purpose of enclosure of sheep, the lowest wire shall be no more than ten (10") inches above the ground. The total height of the fence should be no more than forty-two (42") inches above the ground. The topmost wire should be of smooth wire and be flagged or somehow be made highly visible. The distance between the top two (2) wires should be no less than twelve (12") inches apart.

(§ 3, Ord. 84-593, eff. January 3, 1985; § 1(Exh. A), Ord. 2019-1123, adopted November 5, 2019)

Sec. 9-2.407.5. - Flood.

(a)

No development permit shall be granted for any man-made change to real estate within an area of special flood hazard except in conformance with the provisions of Chapter 17 of Title 8 of this Code. No development permit for any man-made change to real estate within an area of special flood hazard shall be granted until all necessary permits have been received from those governmental agencies from which approval is required by Federal or State law. Development permit applications shall be reviewed to determine whether proposed building sites will be reasonably safe from flooding. Building permits shall be reviewed to identify any proposed work in an area of special flood hazard and that identification shall be transmitted to the Building Official. Applications for development permits for any man-made change to real estate that is greater than fifty (50) lots or five (5) acres, whichever is the lesser, shall include base flood elevation data.

(b)

Areas of special flood hazard shall be administered as primary flood hazard areas until:

(1)

An engineered analysis based on a uniform procedure prescribed by the Federal Emergency Management Agency has been completed, submitted to the Federal Emergency Management Agency, reviewed and approved by the Federal Emergency Management Agency, and the appropriate amendment or revision to the Flood Insurance Rate Maps, as required by the Federal Emergency Management Agency, and copies thereof provided to the County Engineer, the Planning Director and the Building Official; or

(2)

An engineered analysis based on a uniform procedure prescribed by the County Engineer has been completed, submitted to the County Engineer, reviewed and approved by the County Engineer, and copies provided to the County Engineer, the Planning Director and the Building Official.

(c)

100-year flood hazard areas shall be administered as primary flood hazard areas until an engineered analysis based on a uniform procedure prescribed by the County Engineer has been completed, submitted to the County Engineer, reviewed and approved by the County Engineer, and copies provided to the County Engineer, the Planning Director and the Building Official.

(d)

All recreational vehicles placed in an area of special flood hazard which area is shown on a Flood Insurance Rate Map as A1—A30, AH and AE shall be:

(1)

On the site for fewer than 180 consecutive days; or

(2)

Fully licensed and;

(i)

On its wheels or jacking system,

(ii)

Attached to the site only by quick disconnect type utilities and security devices, and

(iii)

Without permanently attached additions.

(§ 6 (Exh. A), Ord. 98-902, eff. September 10, 1998, as amended by § 5 (Exh. A), Ord. 01-961, eff. December 20, 2001)

Sec. 9-2.408. - Garages and carports.

(a)

Garage and carport conversion. Garages and carports may be converted to other uses only if they meet the yard requirements of the zone in which the garage or carport is located, except that no setback shall be required for an existing garage that is converted to an accessory dwelling unit. For more information on accessory dwelling units, refer to Article 45, Accessory Dwelling Units, of this chapter.

(b)

Garages.

(1)

Garages shall be located not closer than forty (40') feet from the center line of the street nor ten (10') feet from the front line, whichever is greater, except as set forth below.

(2)

Garages need not be set back further than the minimum front yard for the zone in which they are located.

(3)

Where the front yard adjoins a Class 7 road, garages shall be no closer than thirty-five (35') feet from the center line of the street or ten (10') feet from the front line, whichever is greater.

(4)

Where the front yard adjoins a Class 8 road, garages shall be no closer than thirty (30') feet from the center line of the street or ten (10') feet from the front line, whichever is greater.

(5)

Where the front yard adjoins a Class 9 or 10 road with a projected traffic volume or 400 ADT or less, determined as set forth in Section 9-4.703 of Article 7 of Chapter 4 of this Title, garages shall be no closer than thirty (30') feet from the center line of the street or ten (10') feet from the front line, whichever is greater.

(c)

Carports.

(1)

Carports shall be located not closer than thirty (30') feet from the center line of the street, except as set forth below.

(2)

Carports need not be set back further than the minimum front yard for the zone in which they are located.

(3)

Where the front yard adjoins a Class 7 road, carports shall be no closer than twenty-five (25') feet from the center line of the street.

(4)

Where the front yard adjoins a Class 8 road, carports shall be no closer than twenty (20') feet from the center line of the street.

(5)

Where the front yard adjoins a Class 9 or 10 road with a projected traffic volume or 400 ADT or less, determined as set forth in Section 9-4.703 of Article 7 of Chapter 4 of this Title, carports shall be no closer than twenty (20') feet from the center line of the street.

(6)

In no case shall a carport extend beyond the front line.

(d)

Roof shedding. In no case shall the roof of a garage or carport shed onto the road right-of-way.

(§ 3, Ord. 84-593, eff. January 3, 1985, as amended by § 3, Ord. 86-623, eff. February 6, 1986, § 1, Ord. 89-719, eff. November 2, 1989, § 1, Ord. 90-730, eff. July 19, 1990, Exh. A, § 2, Ord. 96-873, eff. October 31, 1996, and § 3, Ord. 99-915, eff. June 3, 1999; § 2(Exh. A), Ord. 2019-1121, adopted October 15, 2019; § 1(Exh. A), Ord. No. 2024-1154, adopted May 7, 2024)

Sec. 9-2.409. - Height.

Chimneys or flues which are part of a dwelling unit may exceed the zoning height limit by no more than five (5') feet.

(§ 3, Ord. 84-593, eff. January 3, 1985)

Sec. 9-2.410. - Landscaping.

When parking lots of five (5) or more spaces are required, an area equal to a minimum of ten (10%) percent of the required parking lot area shall be landscaped. Landscaping shall adhere to the requirements as set forth in Article 42, "Water Efficient Landscape," of Title 9 (Planning and Zoning), unless exempted by Article 42, "Water Efficient Landscape." Landscaping requirements may be modified as necessary by the Planning Director.

Uses subject to the issuance of a special use permit and involving landscaping shall be subject to the requirements as set forth in Article 42, "Water Efficient Landscape," of Title 9 (Planning and Zoning).

(§ 3, Ord. 84-593, eff. January 3, 1985; § 1(Exh. A), Ord. 2019-1124, adopted November 5, 2019)

Sec. 9-2.411. - Lighting facilities.

All lighting facilities shall be so installed as to focus away from adjoining properties.

(§ 3, Ord. 84-593, eff. January 3, 1985)

Sec. 9-2.412. - Manufactured homes and commercial coaches.

Manufactured homes certified under the National Mobile Home Construction and Safety Standards of 1974 (42 U.S.C. Section 5401, et seq.) and commercial coaches may be installed on a foundation system pursuant to Section 18551 of the Health and Safety Code, in all zones, subject to the requirements of the zones and subject to meeting snow load requirements in themselves.

When manufactured homes are a permitted use or permitted subject to issuance of a planned development permit, they may be installed on a support system.

Manufactured homes and commercial coaches that are placed or substantially improved within an area of special flood hazard shall be elevated on a foundation system pursuant to Section 18551 of the base flood elevation and shall be securely anchored to an adequately anchored foundation system to resist flotation collapse and lateral movement.

A manufactured home or commercial coach kept on a property shall be installed as provided under Title 8

of this Code, or shall be a unit of a mobile home park licensed by the State or shall be part of a storage use or prefabricated building sales use.

(§ 3, Ord. 84-593, eff. January 3, 1985, as amended by § 1, Ord. 89-719, eff. November 2, 1989, Exh. A, Ord. 98-902, eff. September 10, 1998, and § 4, Ord. 99-924, eff. November 11, 1999)

Sec. 9-2.413. - Noise.

(a)

New uses shall not increase off-site noise to a level which exceeds the ambient noise level for the specific land use area.

(b)

The establishment of noise sensitive uses, as identified within the General Plan, shall be prohibited within industrial protection zones, as established by the General Plan.

(§ 3, Ord. 84-593, eff. January 3, 1985)

Sec. 9-2.414. - Parking and loading.

(a)

Application. Listed in this section are the minimum off-street parking requirements. Uses involving the receipt and distribution of materials shall be subject to the minimum loading space requirements. Where parking and loading requirements cannot be based solely upon the uses listed, the Planning Director shall determine the requirements or the additional requirements. Any parking and loading requirements may be modified, as necessary, by the Planning Director.

(b)

Number of spaces. Off-street parking spaces shall be provided at the rates set forth below:

(c)

Design.

(1)

Parking lots. The following shall be the minimum parking lot design standards:

All maneuvering aisles shall be off-street. When five (5) or more spaces are required, maneuvering aisles and all required parking spaces shall be provided off-street and on-site. When four (4) or fewer spaces are

required, the requirement for off-street parking shall be waived if the property has sufficient street frontage to provide for the number of waived spaces; except that off-street parking required for dwelling units and additional quarters shall not be waived. When off-street parking of four (4) or fewer spaces is provided, maneuvering aisles shall be provided. Maneuvering aisles shall not be required for off-street parking required for dwelling units and additional quarters when four (4) or fewer spaces are required. Maneuvering aisles shall be required for off-street parking required for dwelling units and additional quarters when five (5) or more spaces are required. All spaces shall have unimpeded access. Where parking rows opposite each other are of different angles and share the same maneuvering aisle, the greater of two (2) required widths shall be used.

All spaces along property lines shall have a minimum six (6") inch by six (6") inch raised curb or equivalent barrier precluding entry from other property or from streets not used for maneuvering.

(2)

Loading spaces. The following shall be the minimum loading space design standards:

Exits from loading spaces onto streets shall not be made by backing, and entries to loading spaces shall not be made by maneuvering in the traveled way of the street.

(3)

Boat ramps. Boat ramp parking spaces shall be thirty-five (35') feet long.

(§ 3, Ord. 84-593, eff. January 3, 1985, as amended by § 1, Ord. 91-759, eff. August 1, 1991; § 2(Exh. A), Ord. 2019-1121, adopted October 15, 2019; § 1(Exh. A), Ord. No. 2024-1154, adopted May 7, 2024)

Sec. 9-2.414.5. - Porches and stoops.

(a)

Porch and stoop conversion. Porches and stoops shall be converted to other uses only if they meet the yard requirements of the zone in which the porch or stoop is located.

(b)

Porch and stoop yards.

(1)

Porches and stoops shall be located not closer than forty (40') feet from the center line of the street nor ten (10') feet from the front line, whichever is greater, except as set forth below.

(2)

Porches and stoops need not be set back further than the minimum front yard for the zone in which they are located.

(3)

Where the front yard adjoins a Class 7 road, porches and stoops shall be no closer than thirty-five (35') feet from the center line of the street or ten (10') feet from the front line, whichever is greater.

(4)

Where the front yard adjoins a Class 8 road, porches and stoops shall be no closer than thirty (30') feet from the center line of the street or ten (10') feet from the font line, whichever is greater.

(5)

Where the front yard adjoins a Class 9 or 10 road with a projected traffic volume or 400 ADT or less, determined as set forth in Section 9-4.703 of Article 7 of Chapter 4 of this title, porches and stoops shall be no closer than thirty (30') feet from the center line of the street or ten (10') feet from the front line, whichever is greater.

(c)

In no case shall the roof of a porch shed onto the road right-of-way.

(Exh. A, § 12, Ord. 96-873, eff. October 31, 1996, as amended by § 4, Ord. 99-915, eff. June 3, 1999)

Sec. 9-2.415. - Public utility facilities.

Underground public utility facilities shall be permitted in all zones except the Open Space Zone (OS).

The provisions of this chapter shall not apply to public utility transmission and distribution lines, towers and poles, except that the routes of all proposed overhead transmission lines shall be submitted to the Commission for recommendation and approval prior to the acquisition of rights-of-way therefor.

Telecommunications facilities shall be as permitted in Section 9-2.4105, Permits Required, of Article 41, Telecommunications, of this chapter, except as exempted under Section 9-2.4106, Exemptions, of Article 41, Telecommunications, of this chapter.

(§ 3, Ord. 84-593, eff. January 3, 1985; § 1(Exh. A), Ord. 2019-1116, adopted January 22, 2019)

Sec. 9-2.416. - Signs.

(a)

General applications.

(1)

Area.

(i)

The face area of a sign attached flush to a building or fence shall be that area within the boundary of a simple plane which encompasses all characters and intervening voids.

(ii)

The face area of a freestanding sign or a sign projecting at an angle from a building shall be the total area of the sign structure.

(iii)

The total face area of a sign with two (2) parallel faces shall be that of one face.

(2)

Height. A sign shall not exceed the maximum building height for the zone in which it is located.

(3)

Maintenance. All signs shall be maintained in a safe and readable condition and shall advertise a valid operating activity, which shall include seasonal activities. A sign shall be considered unreadable when twenty (20%) percent or more of the face is removed or indistinguishable. Any sign for which the owner receives a notice from the Planning Director that such sign is in an unsafe or unreadable condition or is advertising a nonfunctioning activity shall be brought into conformity with the provisions of this chapter and the terms of such notice within thirty (30) days after the receipt of such notice or shall be removed.

(4)

Exemptions. The following signs shall not be subject to the provisions of this chapter:

(i)

Signs which are not visible from off the property;

(ii)

Window displays;

(iii)

Official notices issued by a court, public body, or officer;

(iv)

Directional, warning, or information signs or structures required or authorized by law or by Federal, State, County, or City authority; and

(v)

Support structures for nameplates.

(5)

Prohibitions. No moving or noise-making device, flag, or any moving or flashing light, except time and temperature signs, shall be used for advertising, attracting attention to a sign or business, or as a promotional sign, except that flags may be used as promotional signs. Off-premises business or advertising signs shall not be permitted in any zone.

(b)

Specific applications.

(1)

Business signs:

(i)

Shall be subject to the requirements of the zones in which they are permitted;

(ii)

The building front by which the permitted sign area is determined shall be the area encompassed by the visual perimeter of that plane parallel to the street onto which the visible surface of the building can be projected;

(iii)

The permitted signage may be attached to the building, freestanding or both, and shall be located on the building frontage from which the sign area was calculated or in the yard of such street; and

(iv)

Shall require the approval of the Planning Director or his representative.

(2)

Community identification signs:

(i)

Shall be permitted subject to the issuance of a special use permit in all zones except the Open Space Zone (OS) and Timberland Production Zone (TPZ); and

(ii)

Shall not exceed 200 square feet; and

(iii)

May include identification of services provided, in a generic manner or by name, such identification shall not exceed thirty-three (33%) percent of the total sign area; and

(iv)

Shall be consistent with the character and aesthetics of the area in which located.

(3)

Community organization signs:

(i)

Shall be permitted subject to the issuance of a special use permit in all zones except the Open Space Zone (OS) and, Timberland Production Zone (TPZ); and

(ii)

Shall be limited in number to no more than four (4) per town or community.

(4)

Construction signs:

(i)

One shall be permitted on any property for which a building permit has been issued;

(ii)

Shall not exceed an area of thirty-two (32) square feet;

(iii)

Shall be removed upon the issuance of a certificate of occupancy by the Building Official; and

(iv)

Shall require the approval of the Planning Director or his representative.

(5)

Home business and industry signs:

(i)

One shall be permitted for each permitted home business or home industry; and

(ii)

Shall not exceed an area of six (6) square feet.

(6)

Nameplates:

(i)

One shall be permitted for each permitted dwelling unit;

(ii)

Shall not exceed an area of six (6) square feet.

(7)

Promotional signs:

(i)

Shall be permitted on the site of the special event; off-site, except for business special events; on or in windows; and on permanent bulletin boards;

(ii)

Shall be in place for no more than thirty (30) days; and

(iii)

The use of flags for business special events shall be limited to thirty (30) days in any one season of the year, the seasons being spring (March, April and May), summer (June, July and August), fall (September, October and November), and winter (December, January and February); provided, however, a minimum of one week shall transpire between seasonal use.

(8)

Real estate signs:

(i)

Shall be permitted on a property for sale, lease, or rent; and

(ii)

Each shall not exceed an area of six (6) square feet.

(9)

Subdivision signs:

(i)

Two (2) shall be permitted for any subdivision;

(ii)

The aggregate area of the signs shall not exceed 200 square feet;

(iii)

Shall be removed when the original sales program has resulted in the sale of ninety (90%) percent of the lots within the subdivision; and

(iv)

Shall be permitted within the subdivision subject to the approval of the Planning Director or his representative;

(v)

Shall be permitted, subject to issuance of a special use permit, outside the subdivision if the subdivision does not contain or abut a County road or State highway. The signs shall be permitted where the road which provides access to the subdivision from a County road or State highway by the shortest surface distance intersects with the County road or State highway, shall be within the easement for that road and outside the right-of-way of the County road or State highway, and shall be consistent with the character and aesthetics of the area in which located.

(§ 3, Ord. 84-593, eff. January 3, 1985, as amended by § 1, Ord. 93-817, eff. November 11, 1993, and § 1, Ord. 02-969, adopted May 15, 2002)

Sec. 9-2.417. - Temporary occupancy.

(a)

Construction. A manufactured home, recreational vehicle, or appurtenant building may be used in lieu of a building in any zone for a period not to exceed eighteen (18) months while a permitted building is being constructed or for a period of six (6) months while a permitted mobile home is being installed, commencing with issuance of a building permit or a mobile home installation permit.

(b)

Construction offices and equipment storage. Temporary occupancies, recreational vehicles, commercial coaches or manufactured homes may be used for construction offices and equipment storage for the duration of the construction.

(c)

Emergency services. Temporary occupancies, recreational vehicles, commercial coaches or manufactured homes may be used for the provision of emergency services for the duration of the emergency.

(d)

Real estate offices. Temporary occupancies, commercial coaches, manufactured homes, garages, or model homes may be used as real estate offices within a subdivision in any residential land use zone for the purpose of selling the lots of such subdivision provided such use is discontinued when the original sales program has resulted in the sale of ninety (90%) percent of the lots in the subdivision and that no more than one temporary real estate office is allowed per subdivision.

(§ 3, Ord. 84-593, eff. January 3, 1985, as amended by § 1, Ord. 89-719, eff. November 2, 1989; § 1, Ord. 91-750, eff. April 4, 1991 and § 4, Ord. 99-924, eff. November 11, 1999)

Sec. 9-2.418. - Timber harvesting.

Commercial timber harvesting shall be permitted in all zones except the Open Space Zone (OS) subject to the requirements of the Forest Practices Act and any ordinance adopted by the County for the protection of the public health, safety, and general welfare of the community.

(§ 3, Ord. 84-593, eff. January 3, 1985)

Sec. 9-2.419. - Yards.

These yard requirements are applicable to all properties located within the State Responsibility Area as shown on the latest version of the California Department of Forestry and Fire Protection Fire and Resource Assessment Program (FRAP) Map.

Yard requirements for properties located within a Local Responsibility Area as shown on the latest version of the California Department of Forestry and Fire Protection Fire and Resource Assessment Program (FRAP) Map shall be as provided by the applicable zoning district.

The following requirements pertain to building permit applications for new buildings and accessory buildings approved after the effective date of the ordinance from which this section is derived. (California Code of Regulations, Title 14, 1270.02)

(a)

Yard requirements for parcels of one acre or more shall be:

(1)

The minimum front yard requirement shall be not less than required in the applicable zone and Section 9- 2.408, Garages and Carports, and Section 9-2-414.5, Porches and Stoops, of this article; but in no case shall the minimum front yard requirement be less than thirty (30') feet from the center line of the street; and

(2)

The minimum side and rear yard requirements shall be at least thirty (30') feet from property lines, or, if any of the following are met, shall be as provided by the applicable zoning district. (California Code of Regulations, Title l4, Section 1276.01)

(3)

Structures built prior to the effective date of the ordinance from which this section is derived may be expanded without being subject to the above limitations on setbacks if:

(i)

The expansion or addition does not expand the existing building footprint any further into the thirty-foot setback; and

(ii)

The expansion or addition is in compliance with the setback standard imposed by the applicable zoning district.

(4)

A detached accessory building may be located within the thirty-foot setback when it is constructed using non-combustible or fire resistant materials, meeting the standards of Sections 704A and 705A IgnitionResistant Construction, Materials and Construction Methods for Exterior Wildfire Exposure, 2013 California Building Code and is located not closer than twenty (20') feet to another building.

(5)

The minimum side and rear yard requirements may be reduced to the standard setback for the zone if an exception is granted by the California Department of Forestry and Fire Protection. This exception shall be subject to review and approval by the Planning Director.

(b)

For parcels less than one acre in size, the County shall provide for the "same practical effect" as defined in Section 9-4.348. Yard requirements for parcels of less than one acre shall be:

(1)

The minimum front yard requirement shall be not less than required in the applicable zone and Section 9- 2.408, Garages and Carports, and Section 9-2.414.5, Porches and Stoops, of this Article; but in no case shall the minimum front yard requirement be less than thirty (30') feet from the center line of the street; and

(2)

Methods of achieving the same practical effect are listed below. The minimum side and rear yard shall be thirty (30') feet, or, if any of the following are met, shall be as provided by the applicable zoning district:

(i)

The building is proposed to be built on a property located within a district that provides structural fire protection and that has an ISO class of 9 or better and the property meets all applicable conditions of that district for provision of structural fire protection by the district; or

(ii)

The construction is for commercial or industrial use consisting of commercial or industrial occupancies meeting the construction standards of the California Building Code; or

(iii)

For all buildings and accessory buildings within thirty (30') feet of the side or rear property lines, all exterior building materials meet the standards of Section 704A and Section 705A Roofing, Ignition-Resistant

Construction, Materials and Construction Methods for Exterior Wildfire Exposure, 2013 California Building Code; or

(iv)

The property owner has the right, through easement or similar entitlement, to meet on adjoining property the minimum thirty-foot clearance standards of Public Resources Code Section 4290 and 4921; or

(v)

The side or rear property line is contiguous to a street that provides an area that meets the minimum thirtyfoot clearance standards of Public Resources Code Section 4290 and 4291; or

(vi)

The side or rear property line is contiguous to a stream, lake, other body of water or wetland that provides an area that meets the minimum thirty-foot clearance standards of Public Resources Code Section 4290 and 4291; or

(vii)

An exception granted under Sections 9-2.702 (Planned Development Permits), 9-2.802 (Variances), 9-3.205 (Administration-Modifications). 9-4.202 (Modifications), or 9-9.202 (Exceptions) that provides same overall practical effect as the section from which it is granted. Exceptions granted shall be forwarded to the California Department of Forestry and Fire Protection Unit Headquarters. (California Code of Regulations, Title 14, 1270.07.)

(§ 1, Ord. 91-762, eff. October 3, 1991, as amended by § 1, Ord. 94-833, eff. June 23, 1994; § 1, Ord. No. 2004-998, adopted January 6, 2004; § 1(Exh. A), Ord. 2018-1114, adopted October 9, 2018)

Article 5. - NONCONFORMING STRUCTURES AND USES[[3]]

Footnotes:

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Editor's note— Article 5 entitled "Nonconforming Land, Buildings, and Uses", consisting of Section 9- 2.501, as added by Ordinance No. 84-593, effective January 3, 1985, amended in its entirety by Section 4, Ordinance No. 86-623, effective February 6, 1986

Sec. 9-2.501. - Purpose.

The purpose of this article is to regulate the use of structures and land which were lawfully established prior to the adoption of the applicable provisions of this chapter but which would be prohibited, regulated, or restricted under the terms of this chapter or a future amendment to this chapter.

(§ 4, Ord. 86-623, eff. February 6, 1986)

Sec. 9-2.502. - General provisions.

(a)

Issuance of building permits. Nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any building for which a valid, unrevoked building permit has been issued by the Planning and Development Agency.

(b)

Lawful nonconforming uses. A use shall be a lawful nonconforming use if:

(1)

It was established in a manner conforming with any zoning of the County in effect at the time of establishment; and

(2)

The use existed at the time of adoption of any subsequent zoning law of the County which made it nonconforming or is subject to the provisions of Section 9-2.508 of this article.

(3)

It shall be the responsibility of the owner or user to provide evidence of lawful nonconformance.

(c)

Effect of zoning regulations. The passage and adoption of this article shall not be construed to make conforming a use of land or structure which was nonconforming as determined by the regulations of the zoning regulations in effect at the time of the establishment of such use of land or structure.

(d)

Continuance.

(1)

The unlawful nonconforming use of land or structures shall be discontinued or brought into conformity, and unlawful nonconforming structures shall be removed or brought into conformity.

(2)

Lawful nonconforming structure and the lawful nonconforming use of land or structures may be continued, unless otherwise restricted.

(3)

The lawful nonconforming use of land or structures, if discontinued for a period of one year, may be resumed only upon the issuance of a special use permit.

(§ 4, Ord. 86-623, eff. February 6, 1986, as amended by § 1, Ord. 89-719, eff. November 2, 1989, and § 1, Ord. 92-800, eff. January 21, 1993)

Sec. 9-2.503. - Nonconforming structures.

(a)

Repair, maintenance, and internal alterations. A lawful nonconforming structure may be repaired, maintained, or altered internally, unless otherwise restricted.

(b)

Restoration. A lawful nonconforming structure which is damaged to an extent which does not permit use for the intended purpose may be restored either within one year after the occurrence of the damage or upon the issuance of a special use permit.

(c)

Enlargement.

(1)

A structure, lawfully nonconforming as to yard requirements, height, or lot coverage, may not be added to or enlarged unless the additions and enlargements are made in conformance with the regulations of the applicable zone or upon the issuance of a variance; except as modified below:

(1.1)

Enlargement of an accessory dwelling unit as set forth in Article 45, Accessory Dwelling Units, of this chapter.

(2)

A structure, lawfully nonconforming for reasons other than those set forth in subsection (1) of this subsection, may be added to or enlarged upon the issuance of a special use permit.

(d)

Relocation. A lawful nonconforming 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 structure shall conform with the regulations of the zone in which the structure will be located after the move.

(§ 4, Ord. 86-623, eff. February 6, 1986; § 1(Exh. A), Ord. No. 2024-1154, adopted May 7, 2024)

Sec. 9-2.504. - Nonconforming use of structures.

(a)

Expansion.

(1)

A lawful nonconforming use may be expanded within the structure upon the issuance of a special use permit.

(2)

A structure containing a lawful nonconforming use may be added to or enlarged to expand the lawful nonconforming use upon the issuance of a special use permit.

(b)

Changes in use. The lawful nonconforming use of a structure may be changed to another use which is functionally equivalent upon the issuance of a special use permit.

(§ 4, Ord. 86-623, eff. February 6, 1986, as amended by Ord. 86-643, eff. November 6, 1986)

Sec. 9-2.505. - Nonconforming use of land with no structures.

(a)

Expansion. 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 the occupation of a greater land area or an increase in intensity may be permitted upon the issuance of a special use permit.

(b)

Changes in use. The lawful nonconforming use of land with no structures may be changed to another use which is functionally equivalent upon the issuance of a special use permit.

(§ 4, Ord. 86-623, eff. February 6, 1986, as amended by Ord. 86-643, eff. November 6, 1986)

Sec. 9-2.506. - Nonconforming use of land with structures.

(a)

Uses involving both land and structures. A use involving both land and structure shall be considered as one use.

(b)

Expansion.

(1)

That portion of a lawful nonconforming use outside of a structure 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 upon the issuance of a special use permit.

(2)

A structure within the land area of a lawful nonconforming use may be added to or enlarged under any of three (3) circumstances. Under any other circumstances, a structure within the land area of a lawful nonconforming use shall not be added to or enlarged. The three (3) circumstances are:

(i)

If the addition or enlargement would not result in the occupation of a greater land area.

(ii)

If the addition or enlargement would not result in an increase in the intensity of the use.

(iii)

If a special use permit is issued for the addition or enlargement.

(§ 4, Ord. 86-623, eff. February 6, 1986, as amended by § 7, Ord. 99-915, eff. June 3, 1999)

Sec. 9-2.507. - Nonconforming off-street parking and loading.

Where off-street parking and loading in connection with a use at the time this chapter became effective is insufficient to meet the requirements of Section 9-2.414 of Article 4 of this chapter, either:

(a)

The use shall not be altered or enlarged unless the required additional parking and loading spaces are provided to meet such requirements, notwithstanding the other provisions of this article and chapter; or

(b)

The use may be altered or enlarged upon the issuance of a special use permit if it can be found that the alteration or enlargement:

(1)

Will not result in a greater intensity of use; and

(2)

Will not create a need for additional off-street parking and loading; and

(3)

Will not lessen the existing off-street parking and loading.

(§ 4, Ord. 86-623, eff. February 6, 1986, as amended by Ord. 86-643, eff. November 6, 1986)

Sec. 9-2.508. - Historical buildings and uses.

A use, or functional equivalent of a use, previously conducted in a building identified in the General Plan as a historical building, may be resumed in that building upon the issuance of a special use permit:

(a)

If it was established in a manner conforming with any zoning of the County in effect at the time of establishment; and

(b)

Even if the use did not exist at the time of adoption of any subsequent zoning law of the County which would have made it nonconforming.

(§ 2, Ord. 92-800, eff. January 21, 1993)

Article 6. - SPECIAL USE PERMITS

Sec. 9-2.601. - Purpose.

The purpose of special use permits is to permit and control uses which have the potential to be socially, economically, or environmentally incompatible with the surrounding area.

(§ 3, Ord. 84-593, eff. January 3, 1985)

Sec. 9-2.602. - Issuance.

(a)

Applications. Any person seeking the issuance of a special use permit shall file a request with the Planning and Development Agency, and shall appear before the Zoning Administrator presenting evidence of the following:

(1)

That the use is not socially, economically, or environmentally incompatible with the surrounding area; and

(2)

That the owner of the property concurs in the request, if the applicant is other than the owner, and that the owner will be a party, with ultimate responsibility for the special use permit, if granted.

(b)

Processing time. The Planning Director shall determine if an application is complete within thirty (30) days after the receipt of the application.

If an application is determined to not be complete, the applicant shall make the application complete within one year from the date on which the application was determined to not be complete, or the application shall be considered withdrawn.

Upon completion of the appropriate environmental review, an application shall be scheduled for the next regularly scheduled hearing for which the application can be scheduled while meeting all requirements for notice.

(c)

Investigations. The Zoning Administrator shall investigate each application for a special use permit to assure that the proposal in each application is consistent with the intent and purposes of the provisions of

this chapter.

(d)

Hearings.

(1)

Scheduling. The Zoning Administrator shall hold a public hearing on each application for a special use permit and shall give notice of such hearing as set forth in Article 11.5 of this chapter.

(2)

Findings. The Zoning Administrator shall issue findings and file them with the Planning Director. The applicant shall be notified of such findings not later than five (5) days after their issuance.

(3)

Conditions. The Zoning Administrator, in approving a special use permit, may require certain conditions under which the proposed use shall be allowed, which conditions shall prevent material damages to adjacent properties and shall provide suitable safeguards to ensure social, economic, and environmental compatibility with the surrounding area. Such conditions may include time limitations, architectural considerations, access provisions, off-street parking, the posting of a bond to insure the work, greenbelts, planting requirements, sign sizes and messages, and other controls. The violation of any condition of a special use permit shall be a violation of the provisions of this chapter and shall be punishable as set forth in Article 12 of this chapter.

(§ 3, Ord. 84-593, eff. January 3, 1985, as amended by § 1, Ord. 85-607, eff. June 13, 1985, § 1, Ord. 89719, eff. November 2, 1989, and § 1, Ord. 94-828, eff. March 31, 1994)

Sec. 9-2.603. - Revocation.

(a)

Institution. Failure to comply with any condition imposed or misrepresentation by the applicant in the issuance of a special use permit shall result in the institution of revocation procedures by the Planning Director.

(b)

Hearings.

(1)

Notices. The Planning Director shall schedule a public hearing before the Board with notice given as set forth in Article 11.5 of this chapter and given by certified mail to the person to whom the special use permit was issued.

(2)

Revocation. The Board may revoke such permit or modify the original conditions for failure to comply with any of the conditions imposed or upon evidence of misrepresentation in the issuance of the special use permit. The abatement and removal of facilities, if required by such revocation, shall be at the expense of the permittee.

(§ 3, Ord. 84-593, eff. January 3, 1985, as amended by § 2, Ord. 85-607, eff. June 13, 1985)