Chapter 17.10 — TIMBERLAND (TL) DISTRICT

The purpose of the timberland (TL) district is to preserve lands suitable for forest management, but which are not in a timber production (TP) district. This district is consistent with the timberland (T) general plan land use designation. This district may also be applied to other areas which have timber resource values; provided, there are no conflicts with other general plan policies.

(Ord. 99-1 § 10, 1999: prior code § 5.02.040 (A))

The following uses are permitted outright in the TL district:

A.

One-family residence;

B.

Mobile home, in lieu of a one-family residence, provided the lot is forty acres or larger in size; otherwise the T district must be combined;

C.

Forest management, Christmas tree farm;

D.

Agricultural uses;

E.

Sale of products grown on the premises;

F.

Low-intensity recreational uses which involve only minimal improvements, such as a non-motorized fishing or hunting club that does not provide food service and/or lodging facilities;

G.

Boutique or small winery in accordance with Section 17.88.300;

H.

Second one-family residence subject to the provisions of Section 17.88.135.

I.

Small family day care home;

J.

Supportive housing;

I.

Transitional housing;

J.

One Accessory dwelling unit when the lot has a primary dwelling unit (see Section 17.88.132);

K.

Employee housing associated with commercial timber operations;

L.

Residential care facility serving six or fewer residents.

(Ord. 2003-1 § 5 (part), 2003; Ord. 2002-6 § 9, 2002; Ord. 99-1 § 11, 1999; prior code § 5.02.040 (B))

(Ord. No. 2015-01, § IV, 4-14-2015; Ord. No. 2018-01, § 4, 7-17-2018)

17.10.025 - Uses requiring a zoning permit.

The following uses are permitted in the TL district if a zoning permit is issued, subject to the provisions of Sections 17.88.170 through 17.88.196:

A.

Home occupation without customer vehicle trips;

B.

Boutique winery or Small winery (see Section 17.88.300).

(Ord. 99-1 § 12, 1999; Ord. 95-3 § 16, 1995)

(Ord. No. 2015-01, § IV, 4-14-2015; Ord. No. 2018-01, § 4, 7-17-2018)

17.10.030 - Uses requiring an administrative permit.

The following uses are permitted in the TL district if an administrative permit is issued, and subject to the provisions of Sections 17.88.200 through 17.88.235:

A.

Home occupation with customer vehicle trips;

B.

Large family day care home;

C.

Family care residence;

D.

Bed and breakfast guest facility;

E.

Guest house, if located in close proximity to the main dwelling to minimize conflicts with timber management activities on the remainder of the site, and subject to the provisions of Section 17.88.185;

F.

Medium winery (see Section 17.88.300).

(Ord. 2003-1 § 5 (part), 2003; Ord. 99-1 § 13, 1999; Ord. 95-3 § 17, 1995: prior code § 5.02.040 (C))

(Ord. No. 2015-01, § IV, 4-14-2015; Ord. No. 2018-01, § 4, 7-17-2018)

17.10.040 - Uses requiring a use permit.

The following uses are permitted in the TL district if a use permit is issued:

A.

Dog kennel;

B.

Group home serving seven of more residents;

C.

Logging contractor's yard when located in a manner to minimize conflicts with timber management activities on the remainder of the site and subject to the provisions of Section 17.88.271;

D.

A fishing and/or hunting lodge providing meal service and/or lodging in addition to motorized transportation and guide services;

E.

Boutique, small or medium winery in accordance with Section 17.88.300;

F.

Boarding house;

G.

Day care center.

(Ord. 2003-1 § 5 (part), 2003; Ord. 2002-6 § 10, 2002; Ord. 99-1 § 14, 1999; Ord. 95-3 § 18, 1995; prior code § 5.02.040 (D))

(Ord. No. 2015-01, § IV, 4-14-2015; Ord. No. 2018-01, § 4, 7-17-2018)

17.10.050 - Other permitted uses.

Other uses permitted in the TL district are:

A.

The uses allowed by, and subject to the provisions of, Sections 17.88.010 through 17.88.150;

B.

Other uses found to be similar in character and impact to those listed in Sections 17.10.020 and 17.10.040, as determined in accordance with Section 17.94.030.

(Ord. 99-1 § 15, 1999; prior code § 5.02.040 (E))

17.10.060 - Site development standards.

The following site development standards apply in the TL district:

A.

Minimum Lot Area. The minimum lot area requirement is as follows, except as provided in Section 17.84.010:

1.

The overall residential density does not exceed one dwelling per minimums established in Table 17.08.040 (in irregular survey sections, the density may vary up to five percent, but not more than that needed to adjust for the irregularity);

2.

The overall residential density of two dwellings per minimums established in Table 17.08.040, when the project clusters all dwelling units on contiguous parcels of not less than one acre and not larger than two acres per residence to minimize conflicts with adjacent timber management activities on the remainder of the property;

3.

If seventy-five percent or more of that portion of the parcel proposed to be developed is in a Dunning site classification IV or V, and is within one mile driving distance of a county paved road, the maximum residential density is one dwelling per ten acres.

B.

Yards. The following yard requirements apply, except as otherwise provided in Section 17.84.020:

1.

Front, thirty feet;

2.

Side, thirty feet;

3.

Rear, thirty feet.

C.

Maximum Structural Height. The following structural height restrictions apply, except as otherwise provided in Section 17.84.030:

1.

Main building, thirty-five feet;

Accessory building:

a.

If less than fifty feet from any property line: twenty feet;

b.

If at least fifty feet, but less than seventy feet, from any property line: twenty-five feet;

c.

If at least seventy feet, but less than ninety feet, from any property line: thirty feet;

d.

If at least ninety feet from any property line: thirty-five feet.

D.

Parking. Parking requirements are as specified in Chapter 17.86.

(Ord. 99-1 § 16, 1999; Ord. 95-3 § 12 (part), 1995; Ord. 94-4 § 23, 1994; prior code § 5.02.040 (F))

Chapter 17.12 - MINERAL RESOURCE (MR) DISTRICT

The purpose of the mineral resource (MR) district is to protect long-term mining operations (i.e., mines with thirty years or more of expected operation). This district is consistent with the mineral resource (MR) general plan designation. This district may also be applied to other areas where there are mineral deposits that can be mined commercially; provided, there are no conflicts with other general plan policies.

(Ord. 99-5 § 1, 1999; prior code § 5.02.050 (A))

The following uses are permitted outright in the MR district:

A.

Exploration work for minerals, except as provided in Section 17.12.030(B);

B.

Agricultural uses, forest management;

C.

Low-intensity recreational uses which require only minor improvements, such as a non-motorized hunting or fishing club that does not provide food service and/or lodging facilities.

(Ord. 99-5 § 2, 1999; prior code § 5.02.050 (B))

The following uses are permitted in the MR district if a use permit is issued:

A.

Employee housing associated with commercial mining operations;

B.

Notwithstanding any provision of Section 17.12.020(A) to the contrary, any mining activity, either underground or open pit, as defined by the Surface Mining and Reclamation Act (Article 5, Chapter 9, Division 2 [Section 2770, et seq.] of the California Public Resources Code);

C.

Mills and other facilities, buildings, structures, equipment, and all other indoor and outdoor areas related to or used in connection with the extraction, storing, transportation, processing or refining of mined materials or products derived from such materials;

D.

Aggregate recycling facilities.

(Ord. 99-5 § 3, 1999; prior code § 5.02.050 (C))

(Ord. No. 2018-01, § 5, 7-17-2018)

17.12.040 - Other permitted uses.

The following other uses are permitted in the MR district:

A.

The uses allowed by, and subject to the provisions of, Sections 17.88.010 through 17.88.110;

B.

Other uses found to be similar in character and impact to those listed in Sections 17.12.020 and 17.12.030, as determined in accordance with Section 17.94.030.

(Prior code § 5.02.050 (D))

17.12.050 - Site development standards.

The following site development standards apply in the MR district:

A.

Minimum Lot Area. The minimum lot area requirement is twenty acres, or as specified by use permit, except as otherwise provided in Section 17.84.010.

B.

Yards. The following yard requirements apply, except as otherwise provided in Section 17.84.020:

1.

Front, thirty feet;

2.

Side, thirty feet;

3.

Rear, thirty feet.

C.

Maximum Structural Height. Maximum permitted structural height is forty-five feet, except as otherwise provided in Section 17.84.030.

D.

Parking. Parking requirements are as specified in Chapter 17.86.

E.

Reclamation Plans. All approved mining activities shall be accompanied by a reclamation plan for the rehabilitation, reuse and erosion control of the mined area. The reclamation plan shall be in accordance with Chapter 18.04.

(Ord. 99-5 § 4, 1999; prior code § 5.02.050 (E))

Chapter 17.14 - HABITAT PROTECTION (HP) DISTRICT

The purpose of the habitat protection (HP) district is to protect lands having significant wildlife habitat values. This district is consistent with the natural resource protection-habitat (N-H) general plan land use designation and the N-H-RB-C general plan land use designation for the Day Bench area. This district may also be applied to other areas that have important wildlife habitat characteristics; provided, there are no conflicts with other general plan policies.

(Ord. 99-1 § 18, 1999: prior code § 5.02.060 (A))

The following uses are permitted outright in the HP district:

A.

One-family residence;

B.

A mobile home, in lieu of a one-family residence, provided the parcel is forty acres or larger in size; otherwise the T district must be combined;

C.

Forest management;

D.

Habitat enhancement or improvement projects, as approved by the Department of Fish and Game;

E.

Low-intensity recreational uses which require only minor improvements, such as a non-motorized fishing and/or hunting club that does not provide food service and/or lodging facilities;

F.

Agricultural uses;

G.

Sale of products grown on the premises;

H.

Boutique or small winery in accordance with Section 17.88.300;

I.

Small family day care home;

J.

Supportive housing;

K.

Transitional housing;

L.

One accessory dwelling when the lot has a primary dwelling unit (see Section 17.88.132);

M.

Employee housing directly associated with and necessary to the principal use of the property;

N.

Residential care facility serving six or fewer residents.

(Ord. 99-1 § 19, 1999; prior code § 5.02.060 (B))

(Ord. No. 2015-01, § V, 4-14-2015; Ord. No. 2018-01, § 6, 7-17-2018)

The following uses are permitted in the HP district if a zoning permit is issued, and subject to the provisions of Sections 17.88.170 through 17.88.196:

A.

Home occupation with no customer vehicle trips;

B.

Boutique winery or Small winery (see Section 17.88.300).

(Ord. 99-1 § 20, 1999; Ord. 95-3 § 19, 1995)

(Ord. No. 2015-01, § V, 4-14-2015; Ord. No. 2018-01, § 6, 7-17-2018)

The following uses are permitted in the HP district if an administrative permit is issued, and subject to the provisions of Sections 17.88.200 through 17.88.235:

A.

Home occupation with customer vehicle trips;

B.

Large family day care home;

C.

The following uses, if clustered as required for residential dwellings pursuant to Section 17.14.060A:

1.

Family care residence;

Guest house, subject to the provisions of Section 17.88.185;

D.

Second one-family residence; provided, the site conforms to the applicable general plan land use densities and parcel size limitations of the district for two dwelling units;

E.

Medium winery (see Section 17.88.300).

(Ord. 99-1 § 21, 1999; Ord. 95-3 § 20, 1995: prior code § 5.02.060 (C))

(Ord. No. 2015-01, § V, 4-14-2015; Ord. No. 2018-01, § 6, 7-17-2018)

17.14.040 - Uses requiring a use permit.

The following uses are permitted in the HP district if a use permit is issued:

A.

Boutique, small or medium winery in accordance with Section 17.88.300.

(Ord. No. 2015-01, § V, 4-14-2015)

17.14.050 - Other permitted uses.

The following other uses are permitted in the HP district:

A.

The uses allowed by, and subject to the provisions of, Sections 17.88.010 through 17.88.150;

B.

Other uses found to be similar in character and impact to those listed in Section 17.14.020, as determined in accordance with Section 17.94.030.

(Ord. 99-1 § 22, 1999; prior code § 5.02.060 (E))

17.14.060 - Site development standards.

The following site development standards apply in the HP district:

A.

Minimum Lot Area. The minimum lot area requirement is one acre if one of the following criteria is met, except as otherwise provided in Section 17.84.010:

In all habitat areas except the Day Bench area, the maximum residential density may not exceed one dwelling per the acreage indicated on the zoning map; except the density may be doubled if the development is clustered and other habitat protection features are incorporated into the project to the degree necessary to reduce the negative impacts on wildlife created by the additional density to the level of impact created by not utilizing the clustering alternative. The clustered lots must be sited to reduce the impacts on critical wildlife habitat components, such as watering sites and thermal areas.

2.

In the Day Bench area the maximum residential density may not exceed one dwelling per five acres. Residential clustering, along with other habitat protection criteria, is required to the degree necessary to mitigate the impacts from development to below a level of significance.

B.

Yards. The following yard requirements apply, except as otherwise provided in Section 17.84.020:

Front, thirty feet;

2.

Side, thirty feet;

3.

Rear, thirty feet.

C.

Maximum Structural Height. The following structural height restrictions apply, except as otherwise provided in Section 17.84.030:

1.

Main building, thirty-five feet;

2.

Accessory building:

a.

If less than fifty feet from any property line: twenty feet;

b.

If at least fifty feet, but less than seventy feet, from any property line: twenty-five feet;

c.

If at least seventy feet, but less than ninety feet, from any property line: thirty feet;

d.

If at least ninety feet from any property line: thirty-five feet.

D.

Parking. Parking requirements are as specified in Chapter 17.86.

(Ord. 99-1 § 23, 1999; Ord. 95-3 § 12 (part), 1995; prior code § 5.02.060 (F))

Chapter 17.16 - OPEN SPACE (OS) DISTRICT

The purpose of the open space (OS) district is to protect as open space, lots, or portions of lots, that are (A) most properly kept as open space; (B) needed as a greenbelt or buffer along significant river and creekside corridors or around important natural features; or (C) kept in open space for health or safety reasons. This district is consistent with the natural resource protection-open space (N-O) general plan land use designation. This district may also be applied to other areas to protect significant river or creekside corridor habitat areas or other important natural areas, or to properties where development should be limited due to health or safety reasons.

(Ord. 99-1 § 24, 1999; prior code § 5.02.070 (A))

The following uses are permitted outright in the OS district:

A.

Forest management;

B.

Low-intensity recreational uses which require only minor improvements, such as a nonmotorized fishing and/or hunting club that does not provide food service and/or lodging facilities.

C.

Agricultural uses.

(Ord. 99-1 § 25, 1999; prior code § 5.02.070 (B))

The following uses are permitted in the OS district if a zoning permit is issued, and subject to the provisions of Sections 17.88.170 through 17.88.196:

A.

Home occupation with no customer service vehicle trips.

(Ord. 99-1 § 26, 1999; Ord. 95-3 § 22, 1995)

(Ord. No. 2018-01, § 7, 7-17-2018)

The following uses are permitted in the OS district if an administrative permit is issued, and subject to the provisions of Sections 17.88.200 through 17.88.235:

A.

One-family residence, or mobile home, in lieu of a one-family residence, provided the parcel is forty acres or larger in size; otherwise the T district must be combined;

B.

Home occupation with customer vehicle trips;

C.

Small family day care home or Large family day care home;

D.

Family care residence;

E.

Second one-family residence; provided, the site conforms to the applicable general plan land use densities and parcel size limitations of the district for two dwelling units.

F.

Supportive housing;

G.

Transitional housing;

H.

One accessory dwelling when the lot has a primary dwelling unit (see Section 17.88.132);

I.

Employee housing directly associated with and necessary to the principal use of the property.

(Ord. 99-1 § 27, 1999; Ord. 95-3 § 23 (part), 1995: prior code § 5.02.070 (C))

(Ord. No. 2018-01, § 7, 7-17-2018)

The following uses are permitted in the OS district if a use permit is issued:

A.

Golf course;

B.

Playground;

C.

Commercial riding stable or riding academy.

(Ord. 99-1 § 28, 1999; Ord. 95-3 § 23 (part), 1995; prior code § 5.02.070 (D))

17.16.050 - Other permitted uses.

The following other uses are permitted in the OS district:

A.

The uses allowed by, and subject to the provisions of, Sections 17.88.010 through 17.88.110, if accessory to a legally established residence, Sections 17.88.130 through 17.88.150;

B.

Other uses found to be similar in character and impact to those listed in Sections 17.16.020 and 17.16.040, as determined in accordance with Section 17.94.030.

(Ord. 99-1 § 29, 1999; prior code § 5.02.070 (E))

The following site development standards apply in the OS district:

A.

Minimum Lot Area. Minimum lot area is twenty acres if designated in the general plan as natural resource protection-open space (N-O). If applied as a greenbelt or buffer, the lot size shall be as shown on a recorded parcel or final map, use permit or specific plan, or shall otherwise be indicated on the zoning map.

B.

Yards. The following yard requirements apply, except as otherwise provided in Section 17.84.020:

1.

Front, thirty feet;

Side, thirty feet;

3.

Rear, thirty feet.

C.

Maximum Structural Height. The following structural height restrictions apply, except as otherwise provided in Section 17.84.030:

1.

Main building, thirty-five feet;

2.

Accessory building:

a.

If less than fifty feet from any property line: twenty feet;

b.

If at least fifty feet, but less than seventy feet, from any property line: twenty-five feet;

c.

If at least seventy feet, but less than ninety feet, from any property line: thirty feet;

d.

If at least ninety feet from any property line: thirty-five feet.

D.

Parking. Parking requirements are as specified in Chapter 17.86.

(Ord. 99-1 § 30, 1999; Ord. 95-3 § 12 (part), 1995; prior code § 5.02.070 (F))

Chapter 17.18 - NATIONAL RECREATION AREA, SHASTA UNIT (NRA-S) DISTRICT

The purpose of the National Recreation Area, Shasta unit (NRA-S) district is to establish development standards in the Shasta Lake National Recreation Area (NRA) which will (A) be compatible with public recreation and enjoyment, the conservation of natural resources, and scientific, historic and other values; (B) provide immunity from acquisition by the Department of Agriculture of all "improved property" as

defined by Title 36, Code of Federal Regulations, Chapter II, Section 251.40; and (C) allow property owners within the NRA to take advantage of the certification procedures established by Sections 251.40 and 256.41 of the above code, whereby immunity from acquisition by the Department of Agriculture may be secured if existing improvements of proposed future developments comply with the intent and provisions of this section.

(Prior code § 5.02.080 (A))

17.18.020 - Applicability.

A.

Combining with Other Districts. This district may be combined with other districts provided for in this title. Where, as a result of such combination, a conflict in restrictions exists, it is intended that the more stringent restrictions shall control; except, when this district is combined with a C-1 district, a hotel, motel or resort may be permitted by use permit in the combined district.

B.

Location. This district is created solely for use within the Shasta unit of the Whiskeytown-Shasta-Trinity National Recreation Area.

(Prior code § 5.02.080 (B), (C))

17.18.030 - General provisions.

A.

Industrial or Commercial Uses.

1.

Industrial or commercial uses which have an adverse impact on surrounding or nearby outdoor recreation, scenic and aesthetic values are prohibited in the NRA-S district. Such uses include, but are not limited to, cement production, gravel extraction operations involving more than one-fourth acre of surface, smelters, sand, gravel and aggregate processing plants, fabricating plants, pulp mills and commercial livestock feeder yards; provided, however, that development of mining claims and mineral interest shall be allowed within areas zoned for industrial use (M zones) or mining use (MR zone) if a use permit is issued, subject to all the conditions specified in Chapters 17.18 and 17.12, and subject to such further conditions as shall lessen the adverse effects of the mining operations on the recreational and aesthetic values of the area.

2.

Any existing commercial or industrial use not in conformance with this chapter shall be discontinued within ten years from the date the ordinance codified in this chapter is adopted by the board of supervisors; provided, however, that with the approval of the Secretary of Agriculture, such ten-year period may be extended by the board of supervisors for a prescribed period sufficient to allow the owner reasonable additional time to amortize investments made in the property before November 8, 1965.

B.

Protection of Roadsides. New structural improvements, mobile homes or visible utility lines within a strip of land extending back not less than one hundred fifty feet from both sides of the centerline of any public road or roadway, except roads within a subdivision or in areas zoned for commercial or residential use, are prohibited. In addition to buildings and other structures, this prohibition pertains to above-ground power and telephone lines, borrow pits, gravel or earth extraction areas and quarries. Trees and shrubs within the above described strip shall be retained to the fullest extent that is compatible with needs for public safety and road maintenance. Wholesale clearing for fire control and other purposes is prohibited.

C.

Protection of Shorelines. Structures within three hundred feet horizontal distance from the highwater line of Shasta Lake are prohibited, except for the following:

1.

Structures the purpose of which is to service and accommodate boating or to facilitate picnicking and swimming;

2.

Structures and mobile homes in an approved subdivision;

3.

A structure or mobile home the location of which has been approved by the Secretary of Agriculture upon a satisfactory showing by the applicant that the structure will not conflict with scenic and antipollution considerations.

D.

Signs as allowed by and subject to the provisions of Sections 17.84.060 through 17.84.069.

(Ord. 2002-2 § 1, 2002; prior code § 5.02.080 (D))

17.18.040 - Requirements—Residential development.

The following requirements apply to residential development in the NRA-S district:

A.

The following is permitted:

1.

A one-family residence;.

2.

Supportive housing;

Transitional housing;

4.

One Accessory dwelling unit when the lot has a primary dwelling unit (see Section 17.88.132);

5.

Small family day care home;

6.

Residential care facility serving six or fewer residents.

B.

The minimum building site is one-half acre, except that lots of less than one-half acre, which were divided for residential purposes on or before September 16, 1967 and were in separate ownership or were delineated in a county-approved plan that constitutes part of a duly recorded subdivision, may be used for residential purposes.

C.

Residential Development Standards. The following residential development standards apply:

1.

The maximum building height limit is as follows:

a.

Main buildings, thirty-five feet;

b.

Accessory buildings, twenty feet.

2.

Exterior Colors. The use of neutral exterior colors is required.

3.

Roofing Materials. The use of non-glare roofing materials is required.

4.

Buffers. Development will be buffered by distance, topography or forest cover from existing or planned public use areas, such as trailer parks, campgrounds or organizational sites. Separation will be sufficient to

avoid conflicts resulting from intervisibility, noise and proximity that is conducive to private property trespass.

5.

Yards. Yard requirements are as follows:

a.

Front, twenty feet;

b.

Side, five feet on one side and twelve feet on the other side, except for lots created prior to June 7, 1978, it is five feet on either side;

c.

Rear, ten feet.

D.

In other than an approved subdivision, the clearing required for structures or mobile homes and the access thereto shall be reviewed by the District Ranger, Shasta Lake district, Shasta-Trinity National Forest. In any case where the District Ranger does not approve of the amount and location of clearing intended and he

communicates this fact to the county planning department, a use permit shall be required. In granting the use permit, consideration shall be given to the proposed location on the parcel of the structure or mobile home and the access road thereto which preserves the natural forest setting of the parcel to the greatest extent.

(Prior code § 5.02.080 (E))

(Ord. No. 2018-01, § 8, 7-17-2018)

17.18.050 - Requirements—Commercial development.

The following requirements apply to commercial development in the NRA-S district:

A.

A use permit must be secured in each case.

B.

Commercial development shall be limited to that providing a public service, including food, lodging, automotive or marine maintenance facilities and services and other comparable business enterprises.

C.

Commercial enterprises shall be situated in combined C-1 zones unless they are operated as part of a resort or hotel.

D.

Maximum building height is thirty-five feet.

E.

In granting a use permit, considerations will be given to the use of neutral colors, nonglare roofing materials and architecture and layout that harmonizes with forested settings.

(Prior code § 5.02.080 (F))

Variances from the provisions of this chapter may be granted in accordance with Section 17.92.010; subject, however, to the following conditions and restrictions:

A.

If property is made the subject of a variance which results in such property not conforming to any applicable standards contained in the provisions of this chapter, the authority of the Secretary of Agriculture to acquire "improved property" or property for which a certificate of immunity was granted may be reinstated as to such property.

B.

The planning commission or owners of property may consult the Secretary of Agriculture as to whether the granting of any proposed variance or exception would terminate the suspension of his authority to acquire the affected property without the consent of the owner, and may request the approval of a variance or exception by the Secretary of Agriculture; provided, the Secretary is notified in writing at least thirty days in advance of the hearing on the application for the variance or exception. The Secretary, within thirty days after the receipt of a request for approval of a variance or exception, shall advise the owner or planning commission whether or not the intended use will subject the property to acquisition by condemnation. If more than thirty days are required by the Secretary for such determination, he shall so notify the planning commission or private owner, stating the additional time required and the reasons therefor.

(Prior code §

Chapter 17.20 - NATIONAL RECREATION AREA, WHISKEYTOWN UNIT (NRA-WI AND NRA-WII) DISTRICTS

The purpose of the national recreation area, Whiskeytown unit (NRA-WI and NRA-WII) districts is to establish development standards in the Whiskeytown National Recreation Area which will (A) be compatible with public recreation and enjoyment, the conservation of natural resources and scientific, historic and other values; and (B) provide immunity from acquisition by the Federal Government of all "improved property" as defined by Title 36, Code of Federal Regulations, Chapter I, Section 30.1.

(Prior code § 5.02.090 (A))

Except as otherwise provided in this chapter, no additional or increased commercial or industrial uses are permitted within the NRA-WI AND NRA-WII districts. Any existing nonconforming commercial or industrial uses shall be discontinued within ten years from the effective date of the ordinance codified in this chapter; provided, however, that such ten-year period may be extended by the county for an additional period of time sufficient to allow the owner a reasonable opportunity to amortize investments made in the property.

(Prior code § 5.02.090 (B))

A.

Generally. The NRA-WI district is created solely for use within the Whiskeytown unit of the WhiskeytownShasta-Trinity National Recreation Area and is intended for application to those lands which are contiguous to Whiskeytown Lake and are concerned primarily with water recreation and related activities.

B.

Uses. The following uses are permitted with a use permit:

1.

One-family residence and one noncommercial guest house for each one-family residence. Each residence or guest house is subject to the following regulations:

a.

Minimum building site area, three acres; but a lesser acreage may be utilized for this purpose if, on or before February 7, 1963, the site was in separate ownership or within a recorded subdivision,

b.

Maximum height, thirty-five feet,

c.

Minimum frontage, one hundred fifty feet,

d.

Minimum front yard, seventy-five feet,

e.

Minimum side yard, fifty feet,

f.

Maximum rear yard, twenty-five feet,

g.

Maximum percentage of lot coverage permitted, ten percent,

h.

Neutral colors, non-glare roofing materials, and architecture and layout that harmonizes with forested settings shall be used;

2.

Moving, alteration or improvement of existing residences or accessory structures; provided, there is compliance with requirements prescribed for residential uses under subparagraph 1 of this subsection; provided further, that such moving, alteration or improvement does not alter the residential character of the premises;

3.

Tree farming under a timber management plan that conforms to the California Forest Practices Act;

4.

Riding stables;

5.

Campgrounds, organization camps and picnic areas;

6.

Limited agricultural uses, such as truck gardening, provided these uses do not require extensive cutting or clearing of wooded areas and are not otherwise destructive of natural or recreational values;

7.

Clearing and removal of trees, shrubbery and other vegetation to the extent necessary in order to permit the exercise of a use otherwise allowed within this district;

8.

Religious and educational uses;

9.

Removal of gravel, sand and rock, or other alteration of the landscape, to the minimum extent necessary for the construction of an access road to the property on which a use is permitted. In all other circumstances, such removal or alteration shall be permitted only to the minimum extent necessary to make possible the exercise of a use otherwise permitted in this district;

10.

Signs as allowed by and subject to the provisions of Sections 17.84.060 through 17.84.069.

11.

Accessory uses and temporary removable structures appurtenant to any permitted use.

12.

Supportive housing;

13.

Transitional housing;

14.

One Accessory dwelling unit when the lot has a primary dwelling unit (see Section 17.88.132);

15.

Small family day care home or Large family day care home;

C.

Prohibited Uses. Any use not included above as a permitted use shall be deemed a prohibited use, and if property is put to a prohibited use, the authority of the Secretary of the Interior to acquire "improved property" may be reinstated.

(Ord. 2002-2 § 2, 2002; Prior code § 5.02.090 (C))

(Ord. No. 2018-01, § 9, 7-17-2018)

17.20.040 - NRA-WII district.

A.

Generally. The NRA-WII district is created solely for use within the Whiskeytown unit of the WhiskeytownShasta-Trinity National Recreation Area and is intended for application to those lands not contiguous to Whiskeytown Lake in areas less accessible to public recreation.

B.

Uses.

1.

All the uses permitted in the NRA-WI district, subject to all the limitations, conditions and requirements prescribed for such uses, are allowed in the NRA-WII district.

2.

The following uses are permitted if a use permit is issued in each instance:

a.

All the uses requiring a use permit in the NRA-WI district;

b.

Agricultural pursuits such as crop farming, grazing, animal husbandry, nurseries and greenhouses;

c.

Stands for retail sale of products produced on the premises;

d.

Measures to promote conservation of soil, water and vegetation, including reforestation and tree stand improvement, and measures to reduce fire hazards;

e.

Public or privately operated parks and playgrounds;

f.

Trailer campgrounds;

g.

Golf courses;

h.

Heliports, provided they are located and screened so their operations will cause a minimum of interface with public recreational use and enjoyment of the area;

i.

Accessory structures, facilities and utilities as necessary to make possible the exercise of any use otherwise permitted.

C.

Site Development Standards. Structures developed for the exercise of the additional uses listed in subparagraphs b through i of subsection (B)(2) of this section shall not exceed two stories in height (thirtyfive feet), shall have a minimum principal use area of five acres and shall have a front yard setback of not less than one hundred feet from the nearest right-of-way line of a road or street. However, a lesser area than five acres may be utilized for such purposes if the property in question was in separate ownership on February 7, 1963.

D.

Prohibited Uses. Any use not included in subsection B as a permitted use shall be deemed a prohibited use, and if property is put to a prohibited use the authority of the Secretary of the Interior to acquire "improved property" may be reinstated.

(Prior code § 5.02.090 (D))

Variances from the provisions of this chapter may be granted in accordance with Section 17.92.010; subject, however, to the following conditions and restrictions:

A.

If the property within an NRA-WI or NRA-WII district is made the subject of a variance which results in such property not conforming to any applicable standards contained in the provisions of this chapter, the authority of the Secretary of the Interior to acquire "improved property" may be reinstated as to such property.

B.

The planning commission or private owners of "improved property" may consult the Secretary of the Interior as to whether the grant of any proposed variance of exception would terminate the suspension of his authority to acquire the affected property without consent of the owner, and may request the approval of a variance or exception by the Secretary of the Interior; provided, the Secretary is notified in writing at least thirty days in advance of the hearing on the application for the variance or exception. The Secretary, within thirty days after the receipt of a request for approval of a variance or exception, shall advise the owner or the commission whether or not the intended use will subject the property to acquisition by condemnation. If more than thirty days is required by the Secretary for such determination, he shall so notify the planning commission or private owner, stating the additional time required and the reasons therefor.

C.

The county director of resource management shall furnish the Secretary of the Interior notice of any variance granted under, or any exception made to, the application of this title for NRA-WI and NRA-WII districts, and he shall provide a copy to said Secretary of each use permit granted for these districts.

(Prior code § 5.02.090(E))

Chapter 17.22 - DESIGNATED FLOODWAY (F-1) DISTRICT

The purpose of the designated floodway (F-l) district is to maximize the use of land located within the designated floodway in a manner consistent with the need to protect life and property, and to minimize environmental damage to riparian and aquatic habitats. This district is consistent with all general plan land use designations. Located within areas of special flood hazard established in Section 17.02.030(D) are

areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters, debris, potential projectiles and erosion, the following provisions apply.

(Ord. 97-4 § 23, 1997: prior code § 5.02.100 (A))

The following uses are permitted outright in the F-1 district, unless a use permit is required by Section 17.22.030.E:

A.

Flood control channels or works, if undertaken or constructed by a federal or state agency, the county or the county water agency, provided there is no rise in the base flood elevation during the occurrence of the base flood discharge and a letter of map change, as defined in Section 17.70.015.L, is issued by the Federal Emergency Management Agency (FEMA).

B.

Crop farming, truck gardening, orchards, viticulture, livestock grazing and other similar agricultural uses conducted in a manner which will not increase flood levels within the community during the occurrence of a base flood discharge.

C.

Public roads, bridges and diversion drains, and public utility transmission towers, poles, lines and underground pipelines, when constructed and installed so that the flood levels will not increase within the community during the occurrence of the base flood discharge.

D.

Low-intensity recreational uses not involving landfill or excavation of natural materials, when conducted in a manner which will not increase flood levels within the community during the occurrence of a base flood discharge.

E.

Private erosion control projects, including prevention or reduction of erosion or flooding by a landowner on his property within the district, provided an agreement with the department of fish and game is first obtained pursuant to Chapter 6 (commencing with Section 1600) of Division 2 of the Fish and Game Code and there is no rise in the base flood elevation during the occurrence of the base flood discharge.

F.

Fish and wildlife protection or enhancement projects conducted or approved by a federal or state agency, the county or the county water agency, provided that there is no rise in the base flood elevation during the occurrence of the base flood discharge.

(Ord. 97-4 § 24, 1997; prior code § 5.02.100 (B))

(Ord. No. 2022-02, § 5(Exh. A, § 23), 2-8-2022; Ord. No. 2022-03, § 5(Exh. A, § 23), 3-15-2022; Ord. No. 2022-06, § 23, 9-13-2022)

The following uses are permitted in the F-1 district if a use permit is issued pursuant to Section 17.22.040 subject to the certification required by Section 17.22.030.E:

A.

Private flood control projects including construction of levees, dikes or similar structures.

B.

Excavation of natural materials and landfill projects, except on any designated stream subject to subsection D of this section.

C.

Public utility uses other than those permitted under Section 17.22.020, except offices and service yards.

D.

When this district is applied to a designated stream or portion thereof, removal of dredger tailings for reclamation purposes only, provided that lawful gravel removal operations in existence on October 16, 1977 in any of these designated streams may be continued if a use permit is first issued and for so long as the use permit or a reissuance thereof remains in effect. For purposes of this subsection, "designated stream" includes the following:

1.

Sacramento River—Keswick Dam to Shasta-Tehama county line;

2.

Battle Creek—mouth to the mouth of South Fork Battle Creek;

3.

Cow Creek—mouth to:

a.

Powerhouse on South Cow Creek;

b.

The mouth of Coal Gulch on Old Cow Creek;

c.

The mouth of Dry Clover Creek on Clover Creek;

d.

The mouth of Tracy Creek on Oak Run Creek;

e.

The mouth of Salt Creek on Little Cow Creek;

4.

Cottonwood Creek—mouth to west line of Sec. 6, T29N, R5W, MDB&M;

5.

Bear Creek—mouth to the Highway 44 bridge;

6.

Clear Creek—mouth to McCormick-Saeltzer Dam;

7.

Churn Creek—mouth to Redding city limits;

8.

Stillwater Creek—mouth to the Highway 299E bridge;

9.

Olney Creek—mouth to mouth of Tadpole Creek; and

10.

Anderson Creek—mouth to Interstate 5.

E.

Encroachments, including fill, new construction, substantial improvements and other development, provided that certification by a registered professional engineer or architect through hydrologic and hydraulic analyses performed in accordance with standard engineering practice is obtained demonstrating that encroachments will not result in any increase in flood levels during the occurrence of the base flood discharge.

(Ord. 97-4 § 25, 1997; Ord. 94-4 § 24, 1994: prior code § 5.02.100 (C))

(Ord. No. 2022-02, § 5(Exh. A, § 24), 2-8-2022; Ord. No. 2022-03, § 5(Exh. A, § 24), 3-15-2022; Ord. No. 2022-06, § 24, 9-13-2022)

17.22.040 - Findings.

No use permit for the F-1 district shall be approved unless the approving authority makes the following findings, in addition to those required by subsection (E) of Section 17.92.020:

A.

The proposed project will not endanger life, will not impair the ability of the designated floodway to carry and discharge the waters of a base flood and will not increase flood levels within the community during the occurrence of the base flood discharge.

B.

Any domestic water supply system or sewage disposal system to be installed or used in connection with the proposed use is designed to prevent infiltration of or discharge into floodwaters.

C.

The applicant has entered into an agreement with the Department of Fish and Game pursuant to Chapter 6 (commencing with Section 1600) of Division 2 of the Fish and Game Code.

(Ord. 97-4 § 26, 1997; prior code § 5.02.100 (D))

In the F-1 district, every use permit application shall include plans and specifications for all proposed construction and such other information as the planning director or the floodplain administrator may require. Encroachments permitted pursuant to subsection (E) of Section 17.22.030 shall conform to the requirements of Sections 17.70.040 and 17.70.050, restrictive flood (F-2) district.

(Ord 97-4 § 27, 1997: prior code § 5.02.100 (E))

No natural riparian vegetation, including vegetation naturally occurring along a watercourse, but not including vegetation declared by law a public nuisance, shall be removed from any portion of the F-1 district adjacent to the Sacramento River or any stream designated a floodway by the State Reclamation Board, except by a federal or state agency, the county or the county water agency.

(Prior code § 5.02.100 (F))

No residential density shall be credited to portions of lots within the F-1 district that are within a residential general plan designation.

(Prior code § 5.02.100 (G))

Chapter 17.24 - LIMITED RESIDENTIAL (R-L) DISTRICT

17.24.010 - Purpose.

The purpose of the limited residential (R-L) district is to provide low-density rural residential living environments generally in areas remote from a community or where few services are available. Often the land may have development constraints such as poor sewage disposal capabilities, uncertain water quantity or quality, and topographic limitations. This district is consistent with the rural residential B (RB) general plan land use designation and, if combined with a NRA-S or NRA-WI or NRA-WII district, the natural resource protection-recreation (N-R) general plan land use designation.

(Ord. 99-1 § 32, 1999: prior code § 5.02.110 (A))

The following uses are permitted outright in the r-l district:

A.

One-family residence;

B.

Agricultural uses, provided that the lot contains 1 acre of gross area; and

1.

Animal husbandry does not exceed the following number and type of animals per one-half acre:

a.

One horse, mule, steer or similar sized animal, or

b.

Three goats, sheep, swine, llamas, alpacas or similar sized animals, or

c.

Three adult emus, rheas, ostriches or similar sized birds, or

d.

Twenty-five turkeys, chickens, ducks, geese, rabbits or similar sized animals.

e.

Unlimited fish, frogs, worms or similar sized animals;

2.

Animals shall be kept in a clean and sanitary condition, as provided in Section 6.04.050, and in a manner that does not become a nuisance, as provided in Section 6.04.060;

The keeping of beehives and the selling of bee products resulting from the keeping of bees in accordance with Chapter 6.08 and applicable state laws;

C.

Sale of products grown on the premises;

D.

Second one-family residence subject to the provisions of Section 17.88.135;

E.

Supportive housing;

F.

Transitional housing;

G.

One Accessory dwelling when the lot has a primary dwelling unit (see Section 17.88.132);

H.

Small family day care home;

I.

Residential care facility serving six or fewer residents.

(Ord. 2003-1 § 6, 2003; Ord. 99-1 § 33, 1999; prior code § 5.02.110 (B))

(Ord. No. 2018-01, § 10, 7-17-2018)

The following uses are permitted in the R-L district if a zoning permit is issued, and subject to the provisions of Sections 17.88.170 through 17.88.196:

A.

Home occupation with no customer vehicle trips;

B.

Guest house.

(Ord. 99-1 § 34, 1999; Ord. 95-3 § 24, 1995)

(Ord. No. 2018-01, § 10, 7-17-2018)

17.24.030 - Uses requiring an administrative permit.

The following uses are permitted in the R-L district if an administrative permit is issued, and subject to the provisions of Sections 17.88.200 through 17.88.235:

A.

Home occupation with customer service trips;

B.

Large family day care home;

C.

Family care residence;

D.

Bed and breakfast guest facility;

E.

Boutique or small winery in accordance with Section 17.88.300;

F.

Boardinghouse.

(Ord. 2003-1 § 7, 2003; Ord. 2002-6 § 11, 2002; Ord. 99-1 § 35, 1999; Ord. 95-3 § 25 (part), 1995: Ord. 378-1656 § 1 (part), 1992; prior code § 5.02.110(C))

(Ord. No. 2015-01, § VI, 4-14-2015; Ord. No. 2018-01, § 10, 7-17-2018)

17.24.040 - Uses requiring a use permit.

The following uses are permitted in the R-L district if a use permit is issued:

A.

Animals in numbers exceeding those permitted in Section 17.24.020(B)(1);

B.

Group home serving seven or more residents;

C.

Dog kennel;

D.

Large animal veterinarian;

E.

Golf course;

F.

Wholesale nursery or greenhouse;

G.

Commercial riding stable or riding academy;

H.

Processing plant for agricultural products grown on the premises; provided, the lot is five acres or larger in area;

I.

Church;

J.

Pet cemetery;

K.

Logging contractor's yard subject to the provisions of Section 17.88.271;

L.

Boutique, small or medium winery in accordance with Section 17.88.300;

M.

Day care center;

N.

Residential care facility serving more than six residents.

(Ord. 2003-1 § 8, 2003; Ord. 2002-6 § 12, 2002; Ord. 99-1 § 36, 1999; Ord. 95-3 § 25 (part), 1995: Ord. 911 § 5, 1990; prior code § 5.02.110 (D))

(Ord. No. 2015-01, § VI, 4-14-2015; Ord. No. 2018-01, § 10, 7-17-2018)

17.24.050 - Other permitted uses.

Other uses permitted in the R-L district are:

A.

The uses allowed by, and subject to the provisions of, Sections 17.88.010 through 17.88.110 and 17.88.130 through 17.88.150;

B.

Other uses found to be similar in character and impact to those listed in Sections 17.24.020 and 17.24.040, as determined in accordance with Section 17.94.030.

(Ord. 99-1 § 37, 1999; prior code § 5.02.110 (E))

17.24.060 - Site development standards.

The following site development standards apply in the R-L district:

A.

Residential Density and Minimum Lot Area. Unless part of a community plan area where residents prefer to maintain a certain minimum parcel size, lands in this district shall not be assigned maximum densities or minimum parcel sizes prior to the evaluation of site-specific data involving the criteria indicated in this section. Specific parcel size requirements should be applied only after collection and analysis of the data required to accurately make these determinations. The data shall be provided by the property owner or agent.

1.

Maximum Residential Density. The maximum residential density shall be determined by the following criteria:

a.

The maximum density for land exceeding a thirty-percent slope is one dwelling unit per eighty acres;

b.

The maximum density for land not exceeding a thirty-percent slope is one dwelling unit per five acres; and

c.

Adequate water quality and quantity is proven, to the satisfaction of the county, to be available for the new uses; and existing reasonable and beneficial water uses in the vicinity will not be adversely affected;

d.

County sewage disposal standards are met for each new building site, as required by applicable county standards;

e.

All other county development standards are met.

2.

Minimum Lot Area. The minimum lot area, except as otherwise provided in Section 17.84.010, shall be as follows:

a.

Five acres; except when the proposed lots are outside of the south central region planning area, and they abut land designated by the general plan as timberland (T), agricultural-cropland (A-C) or agriculturalgrazing (A-G), the minimum building site area shall comply with one of the following:

i.

If outside of a rural community or town center as designated in the general plan, the minimum lot area shall be ten acres. Residential building sites shall be located, to the extent feasible, to avoid negative impacts on the adjacent land uses.

ii.

If within a rural community or town center, the minimum lot area shall be five acres. Residential building sites shall be located, to the extent feasible, to avoid negative impacts on the adjacent land uses.

iii.

If it can be shown that topographic or man-made features will sufficiently separate the uses, the ten-acre standard shall not be applied.

b.

Every building site created after the adoption of the ordinance codified in this chapter shall contain at least two and one-half contiguous acres not exceeding a thirty- percent slope.

B.

Yards. The following yard requirements apply, except as otherwise provided in Section 17.84.020:

1.

Front, thirty feet;

2.

Side, thirty feet;

3.

Rear, thirty feet.

C.

Maximum Structural Height. The following structural height restrictions apply, except as otherwise provided in Section 17.84.030:

1.

Main building, thirty-five feet;

2.

Accessory building:

a.

If less than fifty feet from any property line: twenty feet;

b.

If at least fifty feet, but less than seventy feet, from any property line: twenty-five feet;

c.

If at least seventy feet, but less than ninety feet, from any property line: thirty feet;

d.

If at least ninety feet from any property line: thirty-five feet.

D.

Parking. Parking requirements are as specified in Chapter 17.86.

(Ord. 99-1 § 38, 1999; Ord. 95-3 § 12 (part), 1995; prior code § 5.02.110 (F))

Chapter 17.26 - RURAL RESIDENTIAL (R-R) DISTRICT

The purpose of the rural residential (R-R) district is to provide rural residential living environments, usually located in and around rural communities, town centers and urban centers. This district is consistent with the rural residential A (RA) general plan land use designation and, if combined with an NRA-S, or NRA-WI or WII district, the natural resource protection-recreation (N-R) general plan land use designation if within a rural community center as listed in the general plan.

(Ord. 99-1 § 40, 1999; prior code § 5.20.120 (A))

The following uses are permitted outright in the R-R district:

A.

One-family residence;

B.

Agricultural uses, provided that the lot contains 1 acre of gross area; and

1.

Animal husbandry does not exceed the following number and type of animals per one-half acre:

a.

One horse, mule, steer or similar sized animal, or

b.

Three goats, sheep, swine, llamas, alpacas or similar sized animals; or

c.

Three adult emus, rheas, ostriches or similar sized birds; or

d.

Twenty-five turkeys, chickens, ducks, geese, rabbits or similar sized animals.

e.

Unlimited fish, frogs, worms or similar sized animals.

2.

Animals shall be kept in a clean and sanitary condition, as provided in Section 6.04.050, and in a manner that does not become a nuisance, as provided in Section 6.04.060,

3.

The keeping of beehives and the selling of bee products resulting from the keeping of bees in accordance with Chapter 6.08 and applicable state laws;

C.

Sale of agricultural products grown on the premises;

D.

Second one-family residence subject to the provisions of Section 17.88.135;

E.

Supportive housing;

F.

Transitional housing;

G.

One Accessory dwelling unit when the lot has a primary dwelling unit (see Section 17.88.132);

H.

Small family day care home;

I.

Residential care facility serving six or fewer residents.

(Ord. 2003-1 § 9, 2003; Ord. 99-1 § 41, 1999; prior code § 5.20.120 (B))

(Ord. No. 2018-01, § 11, 7-17-2018)

17.26.025 - Uses requiring a zoning permit.

The following uses are permitted in the R-R district if a zoning permit is issued, and subject to the provisions of Sections 17.88.170 through 17.88.196:

A.

Home occupation with no customer vehicle trips;

B.

Guest house.

(Ord. 99-1 § 42, 1999; Ord. 95-3 § 26, 1995)

(Ord. No. 2018-01, § 11, 7-17-2018)

17.26.030 - Uses requiring an administrative permit.

The following uses are permitted in the R-R district if an administrative permit is issued, and subject to the provisions of Sections 17.88.200 through 17.88.235:

A.

Home occupation with customer vehicle trips;

B.

Large family day care home;

C.

Family care residence;

D.

Bed and breakfast guest facility;

E.

Boutique or small winery in accordance with Section 17.88.300;

F.

Boardinghouse.

(Ord. 2003-1 § 10, 2003; Ord. 2002-6 § 13, 2002; Ord. 99-1 § 43, 1999; Ord. 95-3 § 27, 1995: Ord. 3781656 § 1 (part), 1992; prior code § 5.20.120 (C))

(Ord. No. 2015-01, § VII, 4-14-2015; Ord. No. 2018-01, § 11, 7-17-2018)

17.26.040 - Uses requiring a use permit.

The following uses are permitted in the R-R district if a use permit is issued:

A.

Animals in numbers exceeding those permitted in Section 17.26.020 (B)(1);

B.

Group home serving seven or more residents;

C.

Dog kennel;

D.

Large animal veterinarian;

E.

Golf course;

F.

Wholesale nursery or greenhouse;

G.

Commercial riding stable or riding academy;

H.

Church;

I.

Pet cemetery;

J.

Logging contractor's yard (see Section 17.88.271);

K.

Boutique, Small or Medium winery (see Section 17.88.300);

L.

Day care center;

M.

Residential care facility serving more than six residents.

(Ord. 2003-1 § 11, 2003; Ord. 2002-6 § 14, 2002; Ord. 99-1 § 44, 1999; Ord. 95-3 § 28, 1995; Ord. 91-1 § 6, 1990; prior code § 5.20.120 (D))

(Ord. No. 2015-01, § VII, 4-14-2015; Ord. No. 2018-01, § 11, 7-17-2018)

17.26.050 - Other permitted uses.

Other uses permitted in the R-R district are:

A.

The uses allowed by, and subject to the provisions of, Sections 17.88.010 through 17.88.110 and 17.88.130 through 17.88.150;

B.

Other uses found to be similar in character and impact to those listed in Sections 17.26.020 and 17.26.040, as determined in accordance with Section 17.94.030.

(Ord. 99-1 § 45, 1999; prior code § 5.20.120 (E))

17.26.060 - Site development standards.

The following site development standards apply in the R-R district:

A.

Residential Density and Minimum Lot Area. Unless part of a community plan area where residents prefer a certain minimum parcel size, lands in this district shall not be assigned maximum densities or minimum parcel sizes prior to the evaluation of site-specific data involving the criteria indicated in this section.

Specific parcel size requirements should be applied only after collection and analysis of the data required to accurately make these recommendations. The data shall be provided by the property owner or agent.

1.

Maximum Residential Density. The maximum residential density shall be determined by the following criteria:

a.

The maximum density for land exceeding a thirty-percent slope is one dwelling unit per ten acres;

b.

The maximum density for land not exceeding a thirty-percent slope is as follows:

i.

One dwelling unit per two acres, except within the Centerville community services district,

ii.

In the Centerville community services district, one dwelling unit per three acres;

c.

Adequate water quality and quantity is proven, to the satisfaction of the county, to be available for the new uses; and that existing reasonable and beneficial water uses in the vicinity will not be adversely affected;

d.

County sewage disposal capability is proven for each new building site, as required by applicable county standards;

e.

All other county development standards are met.

2.

Minimum Lot Area. The minimum lot area, except as otherwise provided in Section 17.84.010, shall be as follows:

a.

Two acres; except when the proposed lots are outside of the south central region planning area, and they abut land designated by the general plan as timberland (T), agricultural-cropland (A-C) or agriculturalgrazing (A-G), the minimum building site area shall comply with one of the following:

i.

If outside of a rural community or town center as designated in the general plan, the minimum lot area shall be ten acres. Residential building sites shall be located, to the extent feasible, to avoid negative impacts on the adjacent land uses.

ii.

If within a rural community or town center, the minimum lot area shall be five acres. Residential building sites shall be located, to the extent feasible, to avoid negative impacts on the adjacent land uses.

iii.

If it can be shown that topographic or man-made features will sufficiently separate the uses, the above mentioned standards shall not be applied.

b.

In all cases, each building site area shall contain at least one contiguous acre not exceeding a thirtypercent slope, except in the Centerville community services district there shall be at least one-and-one-half contiguous acres not exceeding a thirty-percent slope on each building site.

B.

Yards. The following yard requirements apply, except as otherwise provided in Section 17.84.020:

1.

Front, thirty feet;

2.

Side, thirty feet;

3.

Rear, thirty feet.

C.

Maximum Structural Height. The following structural height restrictions apply, except as otherwise provided in Section 17.84.030:

1.

Main building, thirty-five feet;

2.

Accessory building:

a.

If less than fifty feet from any property line: twenty feet;

b.

If at least fifty feet, but less than seventy feet, from any property line: twenty-five feet;

c.

If at least seventy feet, but less than ninety feet, from any property line: thirty feet;

d.

If at least ninety feet from any property line: thirty-five feet.

D.

Parking. Parking requirements are as specified in Chapter 17.86.

(Ord. 99-1 § 46, 1999; Ord. 95-3 § 12 (part), 1995; prior code § 5.20.120 (F))

Chapter 17.28 - INTERIM RURAL RESIDENTIAL (I-R) DISTRICT

The interim rural residential (I-R) district is to be applied to urban residential or suburban residential areas, on an interim basis, where it is apparent that more intensive urban or suburban development is imminent, or will occur when urban services become available. In these cases, a holding district is needed during the transition period from rural to urban or suburban land uses. This district is consistent with the urban residential (UR) and suburban residential (SR) general plan land use designations and is governed by the conditions described by Policy CO-k of the general plan.

(Ord. 99-4 § 2, 1999: Ord. 94-4 § 25, 1994: prior code § 5.02.130 (A))

The following uses are permitted outright in the I-R district:

A.

One-family residence;

B.

Agricultural uses; provided that, the lot contains one acre of gross area, and

1.

Animal husbandry does not exceed the following number and type of animals per one-half acre:

a.

One horse, mule, steer or similar sized animal, or

b.

Three goats, sheep, swine, llamas, alpacas or similar sized animals, or

c.

Three adult emus, rheas, ostriches or similar sized birds, or

d.

Twenty-five turkeys, chickens, ducks, geese, rabbits or similar sized animals,

e.

Unlimited fish, frogs, worms or similar sized animals.

2.

Animals shall be kept in a clean and sanitary condition, as provided in Section 6.04.050, and in a manner as to not become a nuisance, as provided in Section 6.04.060;

3.

The keeping of beehives and the selling of bee products resulting from the keeping of bees in accordance with Chapter 6.08 and applicable state laws;

C.

Sale of agricultural products grown on the premises;

D.

Second one-family residence subject to the provisions of Section 17.88.135;

E.

Supportive housing;

F.

Transitional housing;

G.

One Accessory dwelling unit when the lot has a primary dwelling unit (see Section 17.88.132);

H.

Small family day care home;

I.

Residential care facility serving six or fewer residents.

(Ord. 2003-1 § 12, 2003; Ord. 99-4 § 3, 1999; prior code § 5.02.130 (B))

(Ord. No. 2018-01, § 12, 7-17-2018)

17.28.025 - Uses requiring a zoning permit.

The following uses are permitted in the I-R district if a zoning permit is issued, and subject to the provisions of Sections 17.88.170 through 17.88.196:

A.

Home occupation with no customer vehicle trips;

B.

Guest house.

(Ord. 99-4 § 4, 1999; Ord. 95-3 § 29, 1995)

(Ord. No. 2018-01, § 12, 7-17-2018)

17.28.030 - Uses requiring an administrative permit.

The following uses are permitted in the I-R district if an administrative permit is issued, and subject to the provisions of Sections 17.88.200 through 17.88.235:

A.

Home occupation with customer vehicle trips;

B.

Large family day care home;

C.

Family care residence;

D.

Bed and breakfast guest facility;

E.

Boardinghouse.

(Ord. 2003-1 § 13, 2003; Ord. 99-4 § 5, 1999; Ord. 95-3 § 30, 1995: Ord. 378-1656 § 1 (part), 1992; prior code § 5.02.130 (C))

(Ord. No. 2018-01, § 12, 7-17-2018)

17.28.040 - Uses requiring a use permit.

The following uses are permitted in the I-R district if a use permit is issued:

A.

Animals in numbers exceeding those permitted in Section 17.28.020 (B)(1);

B.

Dog kennel;

C.

Group home serving seven or more residents;

D.

Golf courses;

E.

Wholesale nursery or greenhouse;

F.

Commercial riding stable or riding academy;

G.

Church;

H.

Day care center;

I.

Residential care facility serving more than six residents.

(Ord. 99-4 § 6, 1999; Ord. 95-3 § 31, 1995; prior code § 5.02.130 (D))

(Ord. No. 2018-01, § 12, 7-17-2018)

17.28.050 - Other permitted uses.

Other uses permitted in the I-R district are:

A.

The uses allowed by, and subject to the provisions of, Sections 17.88.010 through 17.88.110 and 17.88.130 through 17.88.150;

B.

Other uses found to be similar in character and impact to those listed in Sections 17.28.020 and 17.28.040, as determined in accordance with Section 17.94.030.

(Prior code § 5.02.130 (E))

17.28.060 - Site development standards.

The following site development standards apply in the I-R district:

A.

Minimum Lot Area. The minimum lot area requirement is five acres, except as otherwise provided in Section 17.84.010;

B.

Yards. The following yard requirements apply, except as otherwise provided in Section 17.84.020:

Front, thirty feet,

2.

Side, thirty feet,

3.

Rear, thirty feet;

C.

Maximum Structural Height. The following structural height restrictions apply, except as otherwise provided in Section 17.84.030:

1.

Main building, thirty feet,

2.

Accessory building:

a.

If less than fifty feet from any property line: twenty feet;

b.

If at least fifty feet, but less than seventy feet, from any property line: twenty-five feet;

c.

If at least seventy feet, but less than ninety feet, from any property line: thirty feet;

d.

If at least ninety feet from any property line: thirty-five feet.

D.

Parking. Parking requirements are as specified in Chapter 17.86.

(Ord. 2003-1 § 14, 2003; Ord. 99-4 § 7, 1999; prior code § 5.02.130 (F))

Chapter 17.30 - ONE-FAMILY RESIDENTIAL (R-1) DISTRICT

The purpose of the one-family residential (R-1) district is to provide for fully serviced, urban-sized lots used exclusively for one-family residences and selected related uses. This district is consistent with the urban residential (UR) and suburban residential (SR) general plan land use designations.

(Ord. 99-4 § 9, 1999: prior code § 5.02.140 (A))

The following uses are permitted outright in the R-1 district:

A.

One-family residence, except manufactured and mobile homes on foundation systems are subject to subsection B of this section;

B.

A mobile home certified under the National Mobile Home Construction and Safety Act of 1974 (42 U.S.C. Section 5401 et seq.) and installed on a foundation system and meeting other adopted development standards, in lieu of a frame-constructed dwelling;

C.

Second one-family residence subject to the provisions of Section 17.88.135;

D.

Supportive housing;

E.

Transitional housing;

F.

One Accessory dwelling unit when the lot has a primary dwelling unit (see Section 17.88.132);

G.

Small family day care home;

H.

Residential care facility serving six or fewer residents.

(Ord. 2003-1 § 15, 2003; Ord. 99-4 § 10, 1999; Ord. 94-4 § 17, 1994; prior code § 5.02.140 (B))

(Ord. No. 2018-01, § 13, 7-17-2018)

The following uses are permitted in the R-1 district if a zoning permit is issued, and subject to the provisions of Sections 17.88.170 through 17.88.196:

A.

Home occupation with no customer vehicle trips;

B.

Guest house.

(Ord. 99-4 § 11, 1999; Ord. 95-3 § 32, 1995)

(Ord. No. 2018-01, § 13, 7-17-2018)

17.30.030 - Uses requiring an administrative permit.

The following uses are permitted in the R-1 district if an administrative permit is issued, and subject to the provisions of Sections 17.88.200 through 17.88.235:

A.

Home occupation with customer vehicle trips;

B.

Large family day care home;

C.

Family care residence;

D.

Bed and breakfast guest facility;

E.

Boardinghouse.

(Ord. 99-4 § 12, 1999; Ord. 95-3 § 33, 1995: Ord. 378-1656 § 1 (part), 1992; prior code § 5.02.140 (C))

(Ord. No. 2018-01, § 13, 7-17-2018)

17.30.040 - Uses requiring a use permit.

The following uses are permitted in the R-1 district if a use permit is issued:

A.

Golf course;

B.

Church;

C.

Day care center;

D.

Residential care facility serving more than six residents.

(Ord. 99-4 § 13, 1999; Ord. 95-3 § 34, 1995; prior code § 5.02.140 (D))

(Ord. No. 2018-01, § 13, 7-17-2018)

17.30.050 - Other permitted uses.

Other uses permitted in the R-1 district are:

A.

The uses allowed by, and subject to the provisions of, Sections 17.88.010 through 17.88.110 and 17.88.130 through 17.88.150;

B.

Other uses found to be similar in character and impact to those listed in Sections 17.30.020 and 17.30.040, as determined in accordance with Section 17.94.030.

(Ord. 99-4 § 14, 1999; prior code § 5.02.140 (E))

The following site development standards apply in the R-1 district:

A.

Density and minimum gross lot size. Residential density shall be as permitted by the general plan, including any permitted density bonus. Except as otherwise provided in Section 17.84.010, the following minimum gross lot size requirements apply:

1.

Interior lot, 5,445 square feet;

2.

Corner lot, six thousand square feet.

B.

Yards. The following yard requirements apply, except as otherwise provided in Section 17.84.020:

1.

Front, twenty feet; except that houses constructed with garages having a swing driveway, with the entrance facing the side property line, may have a minimum fifteen-foot setback;

2.

Side, five feet on one side and twelve feet on the opposite side (Note: the minimum side yards required for any lot created prior to June 7, 1978 are five feet on each side);

3.

Rear, fifteen feet;

4.

Interior yard space, fifteen percent of the lot area, or nine hundred square feet, whichever is less, is required for an interior yard for each lot. This may include all of the open area from the required front yard setback line to the rear property line which has a minimum dimension of ten feet by fifteen feet and shall be completely open from the ground to the sky, except for a patio or pergola, or a roof or balcony overhang not exceeding thirty inches.

C.

Maximum Structural Height. The following structural height restrictions apply, except as otherwise provided in Section 17.84.030:

Main building, thirty feet;

2.

Accessory building, one story not to exceed twenty feet.

D.

Parking. Parking requirements are as specified in Chapter 17.86. For each newly constructed one-family residence, each required parking area shall be covered by a twenty-foot by ten-foot roof, with the exception that only one parking space is required to be covered for any one-family residence where written documentation is presented at the time of the building permit application that the residence is being constructed by financing assistance through the Farmers Home Administration Rural Housing Assistance Program and subject to Health and Safety Code Section 17958.

E.

Slope. Any area in excess of thirty percent slope shall not be developed, but the residential density up to three dwelling units per each acre exceeding thirty percent may be credited to the remaining developable portions of the property where the general plan land use designation is UR; and up to two dwelling units per each acre exceeding thirty percent may be credited to the remaining developable portions where the general plan land use designation is SR. In case the area is located within an adopted city sphere of influence boundary, the city's slope/density standards shall be utilized if they have been adopted.

(Ord. 2003-1 § 16, 2003; Ord. 99-4 § 15, 1999; Ord. 94-4 §§ 19, 26, 1994; prior code § 5.02.140 (F))

(Ord. No. 2018-01, § 13, 7-17-2018)