Shasta County Municipal Code § 17.88.132 Accessory dwelling units

There are certain land uses which, because of their characteristics, are permitted in residential areas, provided they meet appropriate standards. The uses described in this article may be permitted in conjunction with residential uses, subject to the criteria and limitations specified herein.

(Prior code § 5.03.020 (part))

(Ord. No. 2018-01, § 29, 7-17-2018)

The uses described in Sections 17.88.140 through 17.88.250 of this article are permitted in conjunction with a residential use.

(Prior code § 5.03.020 (A)(part))

A. Intent. The purpose of this section is to:

1. Provide additional housing options for family members, students, the elderly, in-home health care providers, the disabled, veterans and others, in existing urban, suburban and rural residential areas without substantially changing the use, appearance, or character of a neighborhood.

2. Comply with Government Code Section 65852.2 and the provisions of the Shasta County General Plan that encourage a variety of housing opportunities for all income levels.

B. Applicability. Subject to all applicable provisions of this section, an Accessory dwelling unit may be established in any zone district which permits a one-family residence by right, and in the Mixed Use (MU) district provided that all required permits have been secured for the one-family residence.

C. General Provisions. If the provisions of this section conflict with other provisions of the County Code, the provisions of this section shall govern. The following general provisions shall apply to Accessory Dwelling Units:

1. Number of Units. There shall be no more than one accessory dwelling unit per legal lot.

a. An accessory dwelling unit shall not be permitted on lots which have a guest house or a family care residence.

b. A guest house, senior citizen residence, servant's quarters, family care residence or an existing one-family residence may be converted to or replaced by an accessory dwelling unit provided that it complies with all of the requirements of this section.

2. Sale and Rental. An accessory dwelling unit shall not be sold separately from the one-family residence on the same lot but may be rented provided the rental term is for longer than thirty consecutive days. No accessory dwelling unit shall be used as a short term rental.

3. Density. An accessory dwelling unit that conforms to the requirements of this subdivision shall be deemed a residential accessory use and will not be considered to exceed the allowable density for the lot, as established by the Shasta County General Plan and Zoning Plan.

4. Impact Fees. Public facility impact fees for an accessory dwelling unit shall be calculated at the same rate as one unit in a multiple-family residential development.

D. Development Standards. The accessory dwelling unit shall comply with all applicable development standards of the zone district in which it is located, except as provided in this section.

1. Size. The living space of any accessory dwelling shall not exceed one thousand two hundred square feet or fifty percent of the living space of the one-family residence, whichever is less. Where fifty percent of the living space of the one-family residence is less than six hundred forty square feet, the living space of the accessory dwelling unit may be up to six hundred forty square feet.

2. Minimum Lot Acreage.

a. An accessory dwelling unit shall be a permitted use on any lot that is served by both public water and sewer systems, or on a lot that is one gross acre or more, when it is demonstrated that all applicable development standards can be met.

b. On lots of less than one acre gross lot area that are served by a private onsite wastewater treatment system, an accessory dwelling unit may be permitted provided that:

i. The property is served by a public water system; or

ii. The accessory dwelling unit is created within the existing space of the one-family residence, or the existing space of a legally established accessory structure; or

iii. An exception is granted through an administrative permit as provided in Section 17.88.132(E)(14).

3. Height. The height of a detached accessory dwelling unit may exceed the height limitation for a residential accessory structure but shall not exceed the height limitation applied to a one-family residence in the same zone district.

4. Setbacks. An accessory dwelling unit must comply with the setback requirements of the applicable zoning district and combining districts with the following exceptions:

a. No additional setbacks shall be required when an existing, legally established garage or other existing residential accessory building that conforms to the zoning district is converted to an accessory dwelling unit in accordance with the provisions of this section.

b. A minimum setback of five feet from the side and rear lot lines shall be required for a new accessory dwelling unit to be constructed above a legally established and conforming garage or residential accessory building.

5. Fire Safety. The accessory dwelling unit shall meet all requirements of the County Fire Safety Standards or the Fire Protection District standards, as applicable, for the lot on which it is located, including adequate access to the accessory dwelling unit for emergency personnel and equipment.

6. Building Code Compliance. The accessory dwelling unit shall meet all applicable requirements of the Building Code (Shasta County Code Title 16) except that fire sprinklers shall not be required if they were not required for the existing one-family residence.

7. Design.

a. The accessory dwelling unit shall be architecturally compatible with the existing one-family residence on the same lot in terms of roof pitch, eaves, building materials, colors and landscaping.

b. An attached accessory dwelling unit and the one-family residence it is attached to shall not have their front entrances located side-by-side or otherwise have the appearance of a duplex.

8. Location. Except for the conversion of, or construction above, an existing legally established garage or other residential accessory building that conforms with the zone district, a detached accessory dwelling unit shall not be located in front of the one-family residence.

9. Mobile Homes. A detached accessory dwelling unit may be a mobile home if the property is located in a Mobile Home (T) combining District and the one-family residence is not a mobile home.

10. Parking. Unless otherwise exempt under Government Code 65852.2(d), or by an approved exception in conformance with this section, off-street parking requirements for an accessory dwelling unit shall be one additional parking space for a studio or one-bedroom unit, and two additional spaces for a unit with two or more bedrooms which may be provided as tandem parking on an existing driveway.

11. Garages. An attached garage of up to six hundred square feet may be allowed with an accessory dwelling unit. The allowed garage space shall be excluded from the total combined floor area of residential accessory structures pursuant to Section 17.88.140(B)(2)(a).

12. Access. The accessory dwelling unit should be served by the same street encroachment and driveway as the one-family residence, which shall comply with the residential driveway standards set forth in Section 6.13 of the Shasta County Development Standards, unless a common encroachment is infeasible, as determined by the Director, due to site constraints such as topography, building site locations or environmental concerns.

13. Water Supply and Wastewater Disposal. The accessory dwelling unit shall comply with all water supply and wastewater disposal requirements established by environmental health, or other service entity with jurisdiction.

14. Exceptions. Exceptions may be granted for the following development standards: #1 (Size), #2a (Minimum lot acreage), #8 (Location), #10 (Parking), and #11 (Garages), if an administrative permit is first approved pursuant to Section 17.92.050, and the following findings are made by the director:

a. The proposed exception from the development standard(s) is necessary due to physical or other constraints on the lot that make the strict application of the standard(s) impractical or inconsistent with existing development on the lot or in the immediate neighborhood; and

b. The proposed exception from the standard(s) would not result in any health or safety hazard for existing and future residents on the lot or in the neighborhood.

E. Deed Restriction. Before obtaining a building permit for an accessory dwelling unit, the property owner shall sign, and provide the necessary recording fees, and the county shall file with the county recorder, a restrictive covenant acknowledging that:

1. The accessory dwelling unit cannot be sold separately from the one-family residence.

2. The accessory dwelling unit shall comply with all of the provisions of Shasta County Code Section 17.88.132, as such provisions may be amended from time to time.

3. Obtaining an approved building permit and certificate of occupancy from the department for an accessory dwelling unit does not provide or imply approval or any guarantee that the property can be divided now or in the future. Any future land division shall be subject to all applicable Shasta County subdivision requirements and regulations in effect at the time a land division is proposed.

4. These limitations shall be binding upon any assigns, successors in interest, personal representatives, estates, and heirs.

(Ord. No. 2017-05, § I, 9-19-2017; Ord. No. 2018-01, § 29, 7-17-2018)

A second one-family residence may be constructed on a lot, in addition to a permitted residence, provided:

A. The residential density permitted by the general plan and the minimum lot area required by the zoning plan are not exceeded;

B. The applicant demonstrates that the second residence is located on a lot in a manner that will meet all applicable development standards of the district in which it is located;

C. Road improvements are constructed, as required by the county development standards;

D. The second residence meets all requirements of the county fire safety standards, including any required second access or through/continuous road for emergency fire escape purposes;

E. The second residence meets all requirements of the division of environmental health, including, but not limited to, water supply, sewage disposal, grading, and potential effects on existing water supply and sewage disposal systems;

F. A new single-family residence shall not be located in any R-3 district since this may have the effect of limiting the housing opportunities of the region and could create specific adverse impacts on the county's ability to provide affordable housing;

G. Approval of a second single-family residence on a parcel does not ensure that the property can qualify for a future land division. The property owner shall sign an agreement providing that he/she acknowledges his/her understanding of this notice. The planning director shall furnish and record an agreement which shall serve as a covenant running with the land for the benefit of the county. (Applicants/property owners are strongly advised to consult with the appropriate county agencies to determine the applicable development standards that may apply should a future land division be requested.)

(Ord. 2003-1 § 25, 2003)

A. Residential accessory buildings are buildings which are subordinate to and commonly associated with a residence, including, but not limited to: private garages, carports, covered awnings, greenhouses, and private storage buildings. As used in this section, residential accessory buildings include the terms "residential accessory structure" and "accessory structure." This section does not apply to family care residences, accessory dwelling units, senior citizen residences, guest houses, servant's quarters, or any other buildings permitted and approved for human occupancy, or to agricultural buildings as defined in Section 17.02.105 and as permitted by Section 17.88.060.

B. Residential accessory structures may be permitted in any district that permits a residence, unless otherwise specified by a particular district, provided that:

1. In districts which require an administrative or use permit for a residence, the administrative or use permit for the residence is issued; and

2. The accessory structure(s) comply with the following criteria and all required permits are approved:

a. On property with a legally established residence, the combined total floor area of all such accessory structures, attached and detached, does not exceed two thousand five hundred square feet excluding six hundred square feet of garage space when attached to and part of the residence, and excluding up to two legal detached structures less than one hundred twenty square feet of floor area each, unless an administrative permit is first approved.

b. On property where no legal residence has been established, accessory structures may be permitted, provided that an agreement is signed by the property owner and recorded prior to issuance of building permits, acknowledging that the accessory structures cannot and will not be used for human occupancy, or for any purpose in violation of the particular zone district or any other regulatory or prohibitory provision of the Shasta County Code; and further provided that:

i. The combined total floor area of all accessory structures, including structures less than one hundred twenty square feet, shall not exceed one thousand square feet.

ii. If a legal residence will be constructed concurrently on the property and all required permits for the residence have been approved, the combined total floor area of all accessory structures may exceed one thousand square feet, subject to the permitting requirements and size limitations of subsection B.2.a of this section, and provided that the final inspection of all such accessory structures shall only occur after or at the same time as the certificate of occupancy is issued for the residence.

c. The structures and devices are permitted pursuant to the Over-the-Air Reception Devices ("OTARD") Rule, 47 Code of Federal Regulations Section 1.4000, as may be amended from time to time.

d. When located on property containing one or more dwelling units for the purpose of providing wireless telecommunication services of any type exclusively to the dwelling unit(s) on the subject property, the following antennas and appurtenant facilities may be approved as residential accessory structures by a building permit:

i. Ground-mounted, non-camouflaged/stealthed monopoles and lattice towers supporting antennas up to sixty-five feet in height on legal lots and parcels between one and five acres. Minimum setbacks from all property lines shall be equal to the facility height or the minimum required setback pursuant to the applicable zone district regulations, whichever is greater. Guy wires shall only be permitted if they will not encroach into any required yard pursuant to the applicable site development standards for the zone district.

ii. Ground-mounted, non-camouflaged/stealthed monopoles and lattice towers supporting antennas up to one hundred feet in height on legal lots and parcels of five acres or more. Minimum setbacks from all property lines shall be equal to two times the facility height. Such facilities may be self-supporting or supported by guy wires.

iii. Ground-mounted, camouflaged/stealthed, self-supporting facilities supporting antennas up to one hundred feet in height; guy wires are not permitted. Minimum setbacks from all property lines shall be equal to the facility height or the minimum required setback pursuant to the applicable zone district regulations, whichever is greater.

iv. Roof-mounted masts supporting antennas equal to one-half the height of the building they are attached to. Such masts may be self-supporting or supported by guy wires.

v. Antennas architecturally integrated into a building with a maximum height equal to one and one-half times the height limit of the zone district in which they are located.

vi. Facilities that colocate at an existing structure or are built into a roof structure if the height is not increased.

vii. Modifications and additions to approved facilities if the height is not increased.

e. When located on property containing one or more dwelling unit for the purpose of providing wireless telecommunication services of any type exclusively to the dwelling unit(s) on the subject property, the following antennas and appurtenant facilities may be approved as residential accessory structures by an administrative permit pursuant to Section 17.92.050:

i. Ground-mounted facilities supporting antennas up to one hundred feet in height that do not comply with the standards of subsection B.2.d of this section.

ii. Roof-mounted facilities supporting antennas other than masts and roof-mounted masts exceeding a height equal to one and one-half times the height limit of the zone district in which they are located. Such facilities may be self-supporting or supported by guy wires.

iii. Antennas architecturally integrated into a building exceeding a height equal to one and one-half times the height limit of the zone district in which they are located.

f. When located on property containing one or more dwelling unit for the purpose of providing wireless telecommunication services of any type exclusively to the dwelling unit(s) on the subject property, antennas and appurtenant facilities, with the exception of those as specified in subsections B.2.d and B.2.e of this section, may be approved as residential accessory structures by a use permit pursuant to Section 17.92.020.

(Ord. 2003-1 § 26, 2003: Ord. 95-3 § 80, 1995: prior code § 5.03.020 (A)(1))

(Ord. No. 2014-02, § II, 1-28-2014; Ord. No. 2018-01, § 29, 7-17-2018; Ord. No. 2020-04, § III, 6-30-2020)

Editor's note— Ord. No. 2014-02, § II, adopted Jan. 28, 2014, retitled § 17.88.140 to read as herein set out. Said section was formerly titled "accessory buildings and uses."

A. Intent. The purpose of this section is to:

1. Allow for agricultural use and agriculturally related education opportunities of an appropriate scope and scale in certain zone districts and/or under certain circumstances where such uses are not currently permissible.

2. Provide reasonable regulations for the establishment, maintenance or operation of such uses that will not, under the circumstances of the particular use, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of the proposed use or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the county.

B. Definitions. Except where otherwise provided, the following definitions shall govern this section:

1. "Animal husbandry project" means the raising of small livestock, goats and/or sheep by students through the twelfth grade under the guidance of a qualified and responsible adult advisor or instructor for a public, private, or home school, 4-H, Grange, Future Farmers of America (FFA), or similar educational program.

2. "Enclosure" means a coop, hutch, pen, stable, corral, fence, panel, or similar building or structure whether covered or uncovered.

3. "Small livestock" means chickens, ducks, geese, rabbits or similarly sized livestock animals, excluding roosters.

4. "Small lot agriculture" means the cultivation of land and raising of plants and animals and shall include:

a. The preparation and tilling of the soil conducive to horticulture, silviculture and viticulture activities including, but not limited to, the growing and harvesting of shrubs, plants, flowers, trees, vines, fruits, vegetables, hay, grain and similar food, feed and fiber crops. Small lot agriculture shall include row; field; tree and nursery crops; and cultivation of open fields or greenhouse crops.

b. The raising and breeding of small livestock, and other animal husbandry activities customarily incidental to these uses.

c. Animal husbandry projects, and animal husbandry activities customarily incidental to this use.

d. The raising of horses and other animal husbandry activities customarily incidental to this use.

e. Incidental cleaning, grading, packing, polishing, sizing and similar preparation of crops which are grown on the premises, but not including agricultural processing.

f. Temporary or seasonal sales and promotion of plants and animals grown or raised on the property, including the incidental storage of crops and animals prior to sale.

C. Applicability. Small lot agriculture shall be permissible on lots located in residential zone districts identified in Section 17.02.025 B.2 that do not list agriculture as defined in Section 17.02.055 as a permitted use and on lots that are less-than-one gross acre in zone districts that list agriculture as defined in Section 17.02.055 as a permitted use.

D. General standards. The following standards are applicable to small lot agricultural uses:

1. Small lot agriculture shall be conducted in a clean and sanitary manner and shall not pose a threat to public health.

2. Small lot agriculture shall be conducted in a manner that does not create a public nuisance condition related to dust, odors, vectors, or waste disposal as determined by county agencies.

3. Feed shall be stored in rodent-proof containers.

4. Small livestock, goats, sheep, and/or horses shall have access to shade and water at all times.

5. Small livestock, goats, sheep, and/or horses shall be confined to the premises of the owner by means of an enclosure that meets the applicable standards of this section, except in areas that are designated open range.

6. The keeping of small livestock, goats, sheep, and/or horses shall be subject to all applicable animal regulations of Shasta County Code Chapter 6.04, as may be amended from time to time.

E. Horses and private stables. Horses and private stables shall be permitted, provided:

1. The minimum lot area upon which a horse may be kept is one acre and one horse may be kept for each one-half acre;

2. Stables and paddocks shall be located not less than twenty feet from the side or rear property lines, not less than fifty feet from the front property line, and not less than forty feet from any dwelling on the same or adjacent property.

3. No other livestock of any kind may be kept.

4. Stables and paddocks shall not be offered, leased, or let for commercial purposes.

F. Small livestock. Small livestock are permitted, provided:

1. The number of small livestock does not exceed the following:

a. For lots up to ten thousand eight hundred ninety square feet (one-quarter acre) in gross area: up to six weaned small livestock;

b. For lots ten thousand eight hundred ninety-one to twenty-one thousand seven hundred eighty square feet (> one-quarter acre—one-half acre) in gross area: up to twelve weaned small livestock;

c. For lots twenty-one thousand seven hundred eighty-one to forty-three thousand five hundred sixty square feet (> one-half acre—one acre) in gross area: up to eighteen weaned small livestock, except as provided in Section 17.88.150 F.5.a;

d. For lots forty-three thousand five hundred sixty-one square feet (> one acre) in gross area: up to twenty-five weaned small livestock per one-half acre, except as provided in Section 17.88.150 F.5.b;

e. Newborn and juvenile small livestock in excess of these limits shall be removed from the parcel within sixty days.

G. Animal husbandry projects. Animal husbandry projects are permitted provided:

1. The project is limited to the raising of goats, sheep, and/or small livestock;

2. The educational project participant lives on-site.

3. All applicable animal husbandry project protocols are followed.

4. If goats or sheep are kept as part of the animal husbandry project the lot shall be at least one-half gross acre.

5. The number of small livestock, goats and/or sheep are subject to the following limitations:

a. For lots one-half to one acre of gross area: minimum of two goats or sheep or combination thereof and not more than nine weened small livestock.

b. For lots over one acre in area: minimum of two and up to four goats or sheep or combination thereof, and not more than eighteen weened small livestock.

6. If the animal husbandry project involves the keeping of small livestock only, the number of small livestock that may be kept shall be in accordance with Section[s] 17.88.150 C and E.2.

7. Goats and/or sheep shall be kept for a maximum of six months.

H. Enclosures. Enclosures shall meet the following requirements:

1. Setbacks:

a. On lots that are less than one gross acre in size, covered enclosures shall be located not less than fifteen feet from the side or rear property lines, not less than fifty feet from the front property line, and not less than twenty feet from any dwelling unit on the same lot or forty feet from any dwelling unit on adjacent property. Side and rear yard setbacks may be reduced to five feet on the rear half of the property and the setbacks from any dwelling unit on an adjacent property may be reduced to twenty feet with a written agreement between the neighbor(s) where the encroachment is proposed. Said agreement shall be prepared by the director of resource management, signed and notarized by the applicable neighbors and recorded in the Shasta County official records. The agreement shall run with the land and be binding upon all parties and successors of the agreement until such time as the property on which the small lot agricultural use is conducted is conveyed to another party, at which time said agreement shall be null and void. If the agreement becomes null and void the covered enclosure shall not be used for the purposes as set forth in this section, unless a new agreement is obtained.

b. On lots that are one gross acre or more in size, covered enclosures shall be located not less than twenty feet from the side or rear property lines, not less than fifty feet from the front property line, and not less than forty feet from any dwelling on the same or adjacent property. Side and rear yard setbacks may be reduced to ten feet on the rear half of the property and the setbacks from any dwelling unit on adjacent property may be reduced to twenty feet with a notarized written agreement between the neighbor(s) where the encroachment is proposed. Said agreement shall be prepared by the director of resource management, signed and notarized by the applicable neighbors and recorded in the Shasta County official records. The agreement shall run with the land and be binding upon all parties and successors of the agreement until such time as the property on which the small lot agricultural use is conducted is conveyed to another party, at which time said agreement shall be null and void. If the agreement becomes null and void the covered enclosure shall not be used for the purposes as set forth in this section, unless a new agreement is obtained.

c. Setback distances from property lines for covered enclosures shall be measured from the wire fence material or wall of the covered enclosure; or from the closest point of the covered area where no wire fence material or wall exists. Attached uncovered enclosures are allowed in the setback areas established by this section and shall remain uncovered.

d. Enclosures shall be setback one hundred feet from water wells on the same or adjacent properties.

2. Materials, design, and maintenance:

a. Enclosures shall be constructed of typical construction materials and shall not be constructed of junk, including, but not limited to, garage doors, scrap material, pallets, etc.

b. Enclosures shall be good, strong, substantial, and sufficient to prevent the ingress and egress of livestock, and shall be maintained in good working order.

c. Wire fencing shall meet the definition of a "lawful fence" pursuant to California Food and Agricultural Code section 17121, as may be amended from time to time. Use of barbed or razor wire fencing is prohibited on lots located in and urban or suburban Shasta County General Plan designation.

d. Enclosures shall be constructed of materials that are neutral and monotone in color.

e. Enclosures shall provide access to shade and water.

f. Enclosures shall be designed and constructed to deter predators.

g. Enclosures shall be designed and constructed to be easily accessed and cleaned.

h. Enclosures shall comply with all applicable building and fire codes, as may be amended from time to time.

3. Covered and/or fully contained enclosures:

a. Covered and/or fully contained enclosures shall be adequately ventilated.

b. Covered and/or fully contained enclosures shall be watertight.

c. Covered and/or fully contained enclosures shall be large enough to provide a minimum of six square feet of area per small animal.

4. Uncovered enclosures:

a. Uncovered enclosures shall be designed with direct access to a covered or fully contained enclosure.

b. Uncovered enclosures shall be large enough to provide a minimum of ten square feet of ground area per animal.

I. Slaughtering and butchering:

1. Small livestock raised on the lot may be slaughtered outdoors.

2. Butchering of slaughtered small livestock shall occur only indoors.

3. Butchering of slaughtered small livestock shall be for non-commercial purposes only.

4. Rendering of animal waste from slaughter and butchering of small livestock shall be limited to indoor kitchen rendering of products for non-commercial use. All other animal waste from slaughter and butchering that is not rendered in an indoor kitchen shall be disposed of in compliance with applicable waste disposal laws.

5. All slaughtering, butchering, rendering, and waste disposal shall be carried out in a manner that does not create a public nuisance condition related to odors, vectors, or waste disposal as determined by county agencies.

(Ord. No. 2024-09, § 1, 12-19-2024)

Editor's note— Ord. No. 2024-09, § 1, adopted Dec. 19, 2024, repealed the former § 17.88.150 and enacted a new § 17.88.150 as set out herein. The former § 17.88.150 pertained to private stables and derived from Prior code § 5.03.020 (A)(2).

Notwithstanding any other provisions of this article, a mobile home or travel trailer may be temporarily placed in any district for residential occupancy by the owner of the building site during construction of a one-family or two-family residence; provided the requirements of Section 16.04.110 of this code are met, and one-family or two-family residences are permitted in the district, or in districts in which a use permit is required for such a residence, the use permit is issued.

(Prior code § 5.03.020 (A)(3))

A residence or model home may be temporarily used as a development sales office, for the sale of one-family residences and undeveloped lots in a new residential development, if it is located within the boundaries of the new residential development, and its use as a sales office ceases when all such residences and lots have been sold.

(Ord. 95-3 § 81, 1995)

With a zoning permit, the uses described in Sections 17.88.175 through 17.88.196 may be located in zone districts which permit them, subject to the criteria and limitations specified herein. However, where a determination of compliance with the specified criteria or limitations requires the exercise of substantial discretion concerning the standards to be applied to a permit application, or deferral or waiver of such standards, then the application shall be referred to the planning commission for a decision following a noticed public hearing.

(Ord. 99-1 § 47, 1999: Ord. 95-3 § 83, 1995)

A home occupation may be established on a lot, in addition to a permitted residential use, provided:

A. There shall be no exterior evidence of the conduct of a home occupation, including, but not limited to, outside storage, electrical interference, dust, smoke, vibration, noise, odors, fumes or advertising signs of any kind;

B. It is conducted in the home, an attached garage or in a residential accessory building;

C. The floor space occupied by a home occupation shall not exceed twenty-five percent of the floor space of the dwelling unit if located within the dwelling unit, or four hundred square feet if in an attached garage or residential accessory building;

D. Except for articles produced on the premises, no stock-in-trade may be displayed or sold on the premises;

E. It shall be conducted only by persons residing in the dwelling unit in which the home occupation exists. No other persons may be engaged in or employed for purposes of a home occupation;

F. It will generate no customer vehicle trips. If the home occupation will generate customer vehicle trips, an administrative permit must be secured, in accordance with the provisions of Section 17.88.205.

(Ord. 95-3 §§ 82 (part), 84, 1995; prior code § 5.03.020(B)(5))

Editor's note— Ord. No. 2018-01, § 29, adopted July 17, 2018, repealed § 17.88.180, which pertained to senior citizens residence and derived from Ord. 95-3 § 82 (part), 1995; prior code § 5.03.020(B)(2).

A guest house may be constructed on a lot, in addition to a permitted one-family residence, provided:

A. It shall be constructed without kitchen or cooking facilities, and shall be clearly subordinate, incidental to and architecturally compatible with the principal residence on the same building site;

B. Neither the principal residence or the guest house shall be a mobile home;

C. Only one guest house shall be permitted on a lot and no guest house shall be permitted on a lot which has more than one dwelling unit;

D. It shall not be located in any required yard area. A detached guest house shall be behind the main residence, and shall not be closer than six feet from the nearest point of the main residence;

E. A detached guest house shall not exceed six hundred forty square feet in size, and shall not exceed a height of twenty feet;

F. No guest house or any part thereof shall be rented, let or leased separately from the principal residence, whether compensation is direct or indirect;

G. Parking shall be provided, as specified in Chapter 17.86.

H. The property owner shall sign an agreement providing that, if the guest house is not operated or conducted as set forth in this section, the building or portion thereof shall be removed or modified to be in conformance with the appropriate district requirements. The director of resource management shall furnish and record the agreement in the office of the county recorder, which shall serve as a covenant running with the land for the benefit of the county.

(Ord. 95-3 §§ 82 (part), 85, 1995; prior code § 5.03.020(B)(3))

Editor's note— Ord. No. 2018-01, § 29, adopted July 17, 2018, repealed § 17.88.190, which pertained to servant's quarters and derived from Ord. 95-3 § 82 (part), 86, 1995; prior code § 5.03.020(B)(4).

The continued use of an existing legally established residential structure while constructing a replacement residential structure (temporarily exceeding density standards) is permitted if a zoning permit is issued, and:

A. The property is in a zone district that permits residential uses; and

B. The applicant agrees to convert to storage or remove the structure being replaced within forty-five days of the final inspection of the new residential structure except when extenuating circumstances exist and the planning director authorizes additional time; and

C. A building permit is issued for the conversion of the structure or a demolition permit is issued at the time of the issuance of the permit for the replacement residence; and

D. The property owner has signed the conditions of the permit agreeing that in the event that the above conditions are not complied with, and the county is required to initiate abatement proceedings, or to take court action to enforce the conditions listed above, the property owner shall pay all reasonable and necessary court costs and attorney's fees incurred by the county.

(Ord. 99-1 § 48, 1999)

The establishment of temporary sales lots for the seasonal sales of pumpkins and Christmas trees, including the use of a self-contained trailer for an office or night watchman's quarters is permitted if a zoning permit is issued, and:

A. The property owner signs the application agreeing to the use of the property and the conditions of approval; and

B. The site is in a commercial district that permits the seasonal sales associated with a recognized holiday; and

C. A permit for temporary power is issued by the building division if electrical service is desired; and

D. Adequate temporary sanitation facilities are provided; and

E. All refuse, trash, travel trailer, lighting and temporary fencing is removed from the site within ten days following the seasonal event; and

F. The property owner has signed the conditions of the permit agreeing that in the event that the above conditions are not complied with, and the county is required to initiate abatement proceedings, or to take court action to enforce the conditions listed above, the property owner shall pay all reasonable and necessary court costs and attorney's fees incurred by the county.

(Ord. 99-1 § 49, 1999)

The establishment of a temporary outdoor auction yard for heavy equipment and trucks, including the use of a self-contained trailer for office use or night watchman's quarters is permitted if a zoning permit is issued, and:

A. The property owner signs the application consenting to the use of the property and the conditions of approval; and

B. The site is in a commercial-light industrial (C-M) zone district, a general industrial (M) zone district or the unclassified zone district and the site is in a commercial (C) or industrial (I) land use designation of the general plan; and

C. A permit for temporary power is issued by the building division if electrical service is desired; and

D. All refuse, trash, travel trailers, lighting and temporary fencing is removed from the site within five days following the event; and

E. There is no inoperable or disabled equipment left on the site; and

F. Adequate temporary sanitation facilities are provided; and

G. All applicable state permits are in possession of the auction operator; and

H. Adequate parking exists on-site for the anticipated attendance; and

I. There shall not be more than two auctions per calendar year; and

J. The property owner has signed the conditions of the permit agreeing that in the event that the above conditions are not complied with, and the county is required to initiate abatement proceedings, or to take court action to enforce the conditions listed above, the property owner shall pay all reasonable and necessary court costs and attorney's fees incurred by the county.

(Ord. 99-1 § 50, 1999)

With an administrative permit, the uses described in Sections 17.88.205 through 17.88.235 may generally be located in zone districts which permit them, subject to the criteria and limitations specified herein. However, where a determination of compliance with the specified criteria or limitations requires the exercise of substantial discretion concerning the standards to be applied to a permit application, or deferral or waiver thereof, then the application shall be referred to the planning commission for a decision following a noticed public hearing.

(Ord. 95-3 § 82 (part), 87, 1995; prior code § 5.03.020(B)(part))

A home occupation with customer vehicle trips may be established on a lot, in addition to a permitted residential use, provided the home occupation meets all criteria of subsections A through E of Section 17.88.175, and customer vehicle trips do not exceed the following:

A. If the lot is one acre or less in size, up to six customer vehicle trips may be permitted daily;

B. If the lot is larger than one acre in size, up to ten customer vehicle trips may be permitted daily.

(Ord. 95-3 § 88, 1995)

(Ord. No. 2018-01, § 29, 7-17-2018)

A family care residence is a mobile home placed temporarily on a lot for the purpose of providing temporary in-home care to family members due to a medical need. Where allowed in the particular zone district, a family care residence may be permitted on a lot which contains a permitted dwelling, provided:

A. No family care residence shall be permitted on a lot which has more than one dwelling unit.

B. The temporary mobile home is for the exclusive use and temporary in-home care of a grandparent or grandparents, parent or parents, siblings or children, or grandchildren of the occupant of the principal dwelling unit; or the principal dwelling unit may be designated as the family care residence, in which case the temporary mobile home shall be utilized by the relative or non-family caregiver providing the care.

C. 1.

A licensed physician (as defined by Section 2050 et seq. of the Business and Professions Code of the state of California) has provided to the county health officer, in writing:

a. A specific diagnosis; and

b. A determination, based on the impact the diagnosis has on the intended occupant's activities of daily living, that there is a significant medical need, which may include frailty, for such temporary in-home care.

2. The county health officer has provided to the director of resource management, in writing, a statement, based on the intended occupant's physician's determination in subsection C.1 of this section that in-home care is warranted.

D. The intended occupants of the mobile home cannot reasonably be housed in the principal dwelling unit. The applicant shall provide information regarding the living situation that substantiates the need for a family care mobile home.

E. All requirements of the county environmental health division shall be met and the family care mobile home shall utilize existing water and wastewater facilities available on-site.

F. All required installation permit(s) are issued by the building division.

G. All parcels subject to this subsection shall be at least one acre in size.

H. The location of the family care mobile home shall meet setback requirements found in the base zone district and applicable fire safety standards.

I. Mobile homes placed under this section shall meet the following requirements:

1. The body of the mobile home, excluding chassis, shall not be larger than a single-wide unit. Measurement of width shall not include any permanently attached portion of their mobile home which folds into the main body for transportation.

2. The axle shall remain on the unit.

3. Skirting may be affixed to the mobile home for energy conservation, but no skirting or other improvement shall be affixed to or placed adjacent to the mobile home which may limit its mobility.

4. The mobile home shall be currently registered pursuant to Chapter 4.7 (commencing with Section 18075) of Part 2 of Division 13 of the California Health and Safety Code.

J. The term of any administrative permit issued for a family care residence pursuant to this subsection shall be four years; provided, notwithstanding the provisions of subsection F of Section 17.92.050, the permit shall be renewable in four-year increments provided that in each case an application for renewal shall be made prior to expiration of the permit, which shall include:

1. Payment of a renewal fee as set by the board of supervisors; and

2. A written statement signed by a licensed physician confirming the medical need, which may include frailty, for continuing temporary in-home care for the occupant(s) of the mobile home, or for the non-family caregiver providing the care.

K. Upon expiration of the permit or when temporary in-home care is no longer needed, the mobile home shall be removed from the property within ninety days. The mobile home shall not be occupied during that period. A longer period may be approved in writing by the resource management director.

(Ord. 2003-1 § 27, 2003; Ord. 98-7 § 1 (part), 1998; Ord. 95-3 §§ 82 (part), 89, 90, 1995; Ord. 94-4 § 16 (part), 1994; Ord. 378-1656 § 1 (part), 1992: prior code § 5.03.020(B)(1))

(Ord. No. 2014-01, § I, 1-7-2014)

A large family day care home may be established on a lot, in addition to a permitted residential use if an administrative permit is issued, and provided:

A. The maximum number of children or adults at any time shall be fourteen (14). This includes the licensee's children and assistant's children under the age of ten and all other children under the age of eighteen;

B. It may be located in a one-family residence;

C. It shall not be located within five hundred feet driving distance of another large family day care home;

D. No signs are permitted;

E. All fire safety requirements shall be met, including a fire safety clearance by the State Fire Marshal;

F. A parking and loading area shall be provided, as specified in Chapter 17.86, except the loading area may be located in a front or side yard that typically is used as a driveway that leads to a garage or parking area. The parking and loading area shall be improved with at least four inches of gravel or cinders;

G. It shall have frontage on, and access off of, a road that meets all applicable standards. Roads that are constructed for this project shall meet adopted county standards. Existing paved roads, including public roads, shall meet all safety and capacity criteria. If determined to be deficient, improvements to the road may be required.

(Ord. 95-3 §§ 82 (part), 91, 1995; prior code § 5.03.020(B)(6))

(Ord. No. 2018-01, § 29, 7-17-2018)

Editor's note— Ord. No. 2018-01, § 29, adopted July 17, 2018, retitled § 17.88.215 to read as herein set out. Said section was formerly titled "large day care home."

Editor's note— Ord. No. 2018-01, § 29, adopted July 17, 2018, repealed § 17.88.220, which pertained to mobile homes in an unclassified district and derived from Ord. 95-3 § 82 (part), 1995; prior code § 5.02.020(B)(8).

A bed and breakfast facility may utilize a portion of a one-family residence, provided:

A. If the lot is less than one acre, there shall be no more than two guest rooms. On lots over one acre, there shall not be more than four guest rooms;

B. There shall be no more than two adults per guest room;

C. The guest rooms may be in a detached accessory building if located in a district that permits guest houses. Such building shall be located behind the primary residence, shall not exceed twenty feet in height (unless it is existing), and shall be architecturally compatible with the principal residence;

D. Neither the principal residence or the guest rooms shall be a mobile home;

E. The owner shall occupy the primary residence;

F. The guest rooms shall not have individual kitchen facilities;

G. Meals shall be limited to overnight guests;

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

I. Separate bed and breakfast guest facilities shall not be within one thousand five hundred feet driving distance of each other;

J. Off-street parking shall be provided, as specified by Chapter 17.86. The parking area shall be in an inconspicuous area and shall be surfaced to county standards;

K. The facility shall not interfere with or adversely impact surrounding residential uses;

L. No employees are permitted other than those residing in the dwelling unit;

M. The requirements of the Division of Environmental Health shall be met.

(Ord. 2002-2 § 30, 2002; Ord. 95-3 § 82 (part), 1995; prior code § 5.03.020(C)(1))

A. Intent. The purpose of this section is to establish a set of regulations applicable to short-term rentals. Special regulation of short-term rentals is necessary to ensure that they will be compatible with surrounding uses and will not act to harm or alter the neighborhoods they are located in while also recognizing the diversity of the short-term rental market.

B. Definitions. Except where the context otherwise requires, the following definitions shall govern this section:

1. "Bedroom" means a room that is fully enclosed conditioned space within a one-family residence and meets the following criteria:

a. Is located along at least one exterior wall;

b. Is at least seventy square feet in size and not less than seven feet in any horizontal dimension;

c. Has a minimum ceiling height of seven feet (if the ceiling is sloped, fifty percent may be less than seven feet in height, but no part shall be less than five feet in height);

d. Has a built-in closet or storage area; and

e. Has at least one window or door exiting directly to the outside for ingress/egress that meets the applicable building code requirements for light, ventilation, and fire escape.

2. "Director" means the director of the resource management department or his/her designee.

3. "One-family residence" is defined in Shasta County Code Section 17.02.450.

4. "Hosted homestay" means a portion of a one-family residence where, for compensation, individual overnight room accommodations are provided for a period of thirty consecutive calendar days or less and the property owner resides within the residence while it is being rented.

5. "Short-term rental" means either a hosted homestay or a vacation rental.

6. "Vacation rental" means an entire one-family residence where, for compensation, overnight accommodations are provided for a period of thirty consecutive calendar days or less. The property owner may or may not reside within a separate legally established one-family residence or accessory dwelling unit on the parcel while the vacation rental is being rented.

7. "Long-term occupant" means a tenant or other occupant lawfully occupying the property for a period of thirty-one consecutive calendar days or more.

C. Applicability. Short-term rentals may be established in any zone district which permits a one-family residence by right, and in the Mixed Use (MU) District provided that all required permits have been secured for the one-family residence, subject to all applicable provisions of this section.

D. Hosted Homestay Approval Process. No person shall operate a hosted homestay without first obtaining approval as required by this section. The following approval process is hereby established:

1. Property owners proposing to operate a hosted homestay must file an affidavit with the department of resource management certifying that they understand and agree to the requirements of this section, and must submit all items required below and a permit and regulatory fee as established by the board of supervisors. Property owners must obtain approval of annual renewals in order to continue to operate beyond the initial one-year term of an approved affidavit; renewal requests and renewal fees must be received no later than the hosted homestay affidavit expiration date. Approved hosted homestay affidavits are not transferable to another property. Approved hosted homestay affidavits are not transferable to subsequent property owners unless prior to any transfer an amended affidavit is filed with the department of resource management that otherwise meets all of the requirements to operate a hosted homestay.

2. Applicants for a hosted homestay shall be required to provide all pertinent information, as determined by the director, necessary to determine compliance with this section and shall pay a permit and regulatory fee as may be established by the board of supervisors. At a minimum, applications for a hosted homestay shall include the following information:

a. A site plan or other information deemed necessary by the director to determine compliance with this section may be required.

b. A floor plan or other information deemed necessary by the director to determine compliance with this section may be required.

c. The property owner shall provide, and keep on file with the county, their name, address, telephone number, and e-mail address.

3. No application shall be approved until all fees, the application form and related information are received by the department of resource management.

4. The director shall consider approval of the application after the application is accepted. The decision on the application is ministerial and public notice is not required.

a. If the director determines that the proposed hosted homestay appears to meet all applicable criteria, the director shall approve the application.

b. If the director determines that the proposed hosted homestay does not meet all applicable criteria, the director shall deny the application.

5. If the director denies the application, the owner or applicant may appeal to the planning commission. Such appeal shall follow the same procedures applicable to variance and use permit appeals. The decision of the planning commission is final.

6. The holder of a hosted homestay affidavit may surrender it to the department of resource management at any time and thereafter shall cease to engage in, operate or maintain the use.

E. Vacation Rental Approval Process. No person shall operate a vacation rental without first obtaining approval as required by this section. The following approval process is hereby established:

1. All vacation rentals shall require approval of a vacation rental permit and shall comply with all requirements of this section. In making a determination to approve a vacation rental permit application, the director shall consider whether or not the proposed vacation rental meets or will meet all applicable requirements of this section. The vacation rental permit application shall include the application form and all items required below. Permittees must obtain approval of annual renewals in order to continue to operate beyond the initial one-year term of an approved vacation rental permit; renewal requests and renewal fees must be received no later than the vacation rental permit expiration date. Approved vacation rental permits are not transferable to another property. Approved vacation rental permits are not transferable to subsequent property owners unless prior to any transfer an amended application form is filed with the department of resource management that otherwise meets all of the requirements to operate a vacation rental.

2. Applicants for a vacation rental shall be required to provide all pertinent information, as determined by the director, as necessary to determine compliance with this section and shall pay a permit and regulatory fee as may be established by the board of supervisors. At a minimum, applications for a vacation rental shall include the following information:

a. A site plan identifying the location of structures, on-site parking, trash receptacles, and vehicular access to the parcel.

b. A floor plan attesting to the number of bedrooms. The floor plan does not have to be professionally drawn but must be reasonably accurate.

c. The property owner shall provide, and keep on file with the county, the name, address, telephone number, and e-mail address of the property owner and a local contact person who shall be responsible for responding to questions or concerns regarding the operation of the vacation rental, and who shall have access and authority to assume management of the vacation rental and take remedial measures. The local contact person may be the property owner or other person designated by the property owner to serve in this capacity. This information shall be updated as necessary to remain current, included in every rental agreement and posted in a conspicuous location within the vacation rental. The property owner or local contact person shall be available twenty-four hours per day, seven days per week whenever the vacation rental is rented to accept telephone calls and respond physically to the property within sixty minutes of receiving a call.

3. No application shall be approved until all fees, the application form and related information are received by the department of resource management.

4. The director shall consider approval of the application after the application is accepted. The decision on the application is ministerial and public notice is not required.

a. If the director determines that the proposed vacation rental appears to meet all applicable criteria, the director shall approve the application.

b. If the director determines that the proposed vacation rental does not meet all applicable criteria, the director shall deny the application.

5. If the director denies the application, the owner or applicant may appeal to the planning commission. Such appeal shall follow the same procedures applicable to variance and use permit appeals. The decision of the planning commission is final.

6. The holder of a vacation rental permit may surrender it to the department of resource management at any time and thereafter shall cease to engage in, operate or maintain the use.

F. General Requirements Applicable to All Short-Term Rentals.

1. Advertising. All advertising for any short-term rental shall include the affidavit or zoning permit number assigned by the county, the number of county-approved bedrooms, the maximum occupancy, and the transient occupancy tax number.

2. Building Type. Short-term rentals shall be allowed only in a legally established one-family residence, or a portion thereof, except that no accessory dwelling unit shall be used as a short-term rental at any time. Short-term rentals shall not be permitted in any temporary, portable, or other type of structure not permitted by the county for permanent occupancy (e.g., guest house, tent, yurt, and RV). No more than one short-term rental shall be permitted on an individual parcel.

3. Covenants, Conditions and Restrictions. This section shall not be construed as waiving or otherwise impacting the rights and obligations of any individual, group, or members of any homeowners association to comply with or enforce established covenants, conditions and restrictions (CC&Rs). It is the sole responsibility of the property owner to comply with all applicable CC&Rs.

4. Noise Standards. All short-term rentals shall comply with the following requirements:

a. Property owner or local contact person shall ensure that the guests of the short-term rental understand that loud or unreasonable noise that disturbs others and that is not in keeping with the character of the surrounding neighborhood will result in a violation of this section.

b. Property owner or local contact person shall be available twenty-four hours per day, seven days per week whenever the short-term rental is rented to accept telephone calls and respond physically to the property within sixty minutes of receiving a call to address complaints concerning noise levels. Failure to respond to all verifiable complaints will result in a violation of this section.

c. Quiet hours shall be observed between 10:00 p.m. and 7:00 a.m., Monday through Friday, and between 10:00 p.m. and 9:00 a.m. on Saturdays, Sundays, and holidays. Outdoor amplified sound is prohibited during quiet hours.

5. House Policies. House policies shall be included in each short-term rental agreement. It shall be the responsibility of the property owner to enforce all of the requirements of this section and all house policies. For vacation rentals, the property owner may delegate this responsibility to the local contact person. At a minimum, the house policies shall:

a. Notify all guests of the short-term rental of the noise standards as set forth in this section; said standards shall be a part of any rental agreement.

b. Establish on-site parking policies and identify designated parking areas which adhere to the requirements of subsection 17.88.230.F.8.

c. Establish policies and provide information regarding the location of trash receptacles and the trash pick-up schedule. In areas where bears may be present, additional information shall be included on best practices for trash disposal when bears are present.

d. Establish policies regarding outdoor burning and all other burn restrictions that meet the minimum requirements as set forth below in subsection F.7.

e. For vacation rentals, provide the name, address, telephone number, and e-mail address of the property owner and the local contact person pursuant to Section 17.88.230.E.2.c For hosted homestays, provide the property owner's name, address, telephone number, and e-mail address.

f. Specify that the short-term rental shall not be permitted in any temporary, portable, or other type of structure not permitted by the county for permanent occupancy (e.g., guest house, tent, yurt, and RV).

g. Specify that the occupancy shall be limited to a maximum of three guests, excluding children under sixteen years of age, per approved bedroom offered for rent.

6. Occupancy. In addition to the property owner and other long-term occupants, between the hours of 10:00 p.m. and 6:00 a.m., daily occupancy of the property shall be limited to a maximum of three guests, excluding children under sixteen years of age, per approved bedroom offered for rent. In addition to the property owner and long-term occupants, between the hours of 6:00 a.m. and 10:00 p.m., daily occupancy of the property shall be limited to a maximum of five guests, excluding children under sixteen years of age, per approved bedroom offered for rent.

7. Outdoor Burning. Outdoor fire areas and fire pits, when not prohibited by state or local fire regulations or bans, may be permitted if expressly allowed by the property owner, and shall be limited to three feet in diameter, located on a non-combustible surface, covered by a fire screen, and located no closer than within twenty-five feet of a structure, combustible material, or a property line.

8. Parking.

a. A minimum of one off-street parking space, either covered or uncovered, shall be provided for each approved bedroom offered for rent (tandem parking permitted). Off-street parking spaces required for a one-family residence may be credited towards the off-street parking requirement for a short-term rental. All required parking spaces shall be located on the short-term rental property and shall comply with all applicable regulations of Shasta County Code Chapter 17.86.

b. All guests' trailers must be accommodated on the rental property or off-site at a commercial facility that is legally permitted to accommodate trailer parking.

9. Safety. Short-term rentals shall meet all applicable building, health, fire and related safety codes at all times, including:

a. Working smoke and carbon monoxide detectors and fire extinguishers.

b. Emergency evacuation routes and instructions, including emergency ingress/egress routes to and from the short-term rental property, shall be posted in a conspicuous location in the short-term rental and within each guest bedroom.

c. All short-term rentals shall be subject to annual fire inspections. Any required inspection fees shall be paid to the applicable fire protection agency.

10. Transient Occupancy Tax. Property owners shall register all short-term rentals with the Shasta County Tax Collector and shall be subject to payment of applicable transient occupancy taxes. Transient occupancy taxes shall be paid and kept current in accordance with Shasta County Code Chapter 3.16. Failure to pay such taxes when due shall be grounds for permit revocation or other remedies allowed by County Code.

11. Trash and Recycling. Trash and recycling receptacles shall be stored in a designated storage area out of public view and serviced on a weekly basis. Whenever properties are operated as short-term rentals, trash and recycling receptacles shall not be removed from their designated storage area earlier than 6:00 p.m. the day prior to the scheduled day of service and shall be returned to their designated storage areas within eight hours following pick-up.

G. Special Requirements Applied to Hosted Homestays. The following provisions shall apply to hosted homestays:

1. Number of Bedrooms. The number of bedrooms offered for rent shall not exceed the limit established by an approved affidavit.

2. Property Owner Occupancy Required. The property owner must occupy the residence at all times when one or more bedroom is being rented.

H. Special Requirements Applied to Vacation Rentals. The following provisions shall apply to vacation rentals:

1. Number of Bedrooms. The number of bedrooms offered for rent shall not exceed the limit established by an approved vacation rental permit.

2. Liability Insurance. Prior to approval of a vacation rental permit, the property owner must provide proof that the property has current, valid liability insurance.

3. Neighbor Notification of Vacation Rentals. The county shall provide notice to property owners within three hundred feet of the subject parcel that the property has been approved as a vacation rental and shall include the name, address, telephone number, and e-mail address of the property owner and the local contact person, if applicable, at the time of vacation rental permit issuance, or as needed to provide updated information.

I. Enforcement Process. Operation of a short-term rental without the required approval pursuant to this section on or after November 21, 2020, shall constitute a violation of this section and such violation may be enforced in any manner permitted by law including, but not limited to, seeking civil and equitable remedies, the issuance of a citation and fine, or other legal remedy as provided by Chapter 1.08, Chapter 1.12, Chapter 8.28 and Section 17.94.060 of the Shasta County Code. Furthermore, an approved affidavit or vacation rental permit may be revoked in accordance with the procedures established in Section 17.92.060.E. Additional enforcement is as follows:

1. Violation is an Infraction. A violation of any regulatory or prohibitory provision of this section is an infraction.

2. Application Following Revocation. In the event of affidavit or vacation rental permit revocation, an affidavit or vacation rental permit application to reestablish a short-term rental after revocation shall not be approved for a minimum of twenty-four months following the revocation.

3. Penalty for Non-Compliance. If use as a short-term rental is determined to be unpermitted, an application for an affidavit or vacation rental permit shall not be approved for a minimum of twelve months after the determination.

(Ord. No. 2020-05, § I, 7-21-2020)

Editor's note— Ord. No. 2018-01, § 29, adopted July 17, 2018, repealed § 17.88.235, which pertained to farm labor quarters and derived from Ord. 95-3 § 93, 1995.

If a use permit is issued, the uses described in Section 17.88.271 may be located in districts which permit them, subject to the criteria and limitations specified herein.

(Ord. 95-3 § 95, 1995; prior code § 5.03.020(C)(part))

A logging contractor's yard may be maintained provided:

A. A use permit is obtained;

B. The parcel size is at least five acres for logging contractor's yards established after the effective date of the ordinance codified in this section. Logging contractor's uses that existed prior to this section on smaller than five-acre parcels may continue with a use permit;

C. The parcel is located at or above one thousand foot elevation, mean sea level;

D. All logging trucks and related heavy logging equipment are owned by the person or persons residing on the parcel;

E. The parcel is not used as a truck terminal, truck yard, contractor's yard or other similar industrial or commercial use;

F. A total of no more than five logging trucks are allowed. Related heavy logging equipment may also be allowed. The maximum number of trucks and pieces of equipment will be determined during the use permit process by the size and location of the parcel, the use's impact on surrounding roads, the visibility of the storage area to neighbors and the general public and the likelihood that smoke, dust, odors or fumes will interfere with the neighbor's use or enjoyment of their property;

G. Noise levels at the boundary of the parcel shall not exceed sixty-five dba to avoid excessive disturbance to neighboring properties;

H. Motorized equipment and vehicles and pneumatic repair tools and equipment shall not be operated between the hours of ten p.m. and six a.m. provided, however, that this subsection shall not preclude the normal driving of the vehicles to and from the parcel;

I. Logging trucks may be kept on the parcel year round. Related logging equipment may be stored on the parcel no more than a total of six months per year;

J. The logging trucks and related heavy logging equipment shall not be stored or repaired within any required front or side yard setback area;

K. There shall be no storage, service, maintenance or repair of any logging truck or related logging equipment not owned or leased by the person or persons residing on the parcel;

L. No person shall be regularly employed on site for the purpose of maintaining any of the equipment or vehicles;

M. The provisions of this section shall not apply to equipment and vehicles normally used in bona fide agricultural operations.

(Ord. 91-1 § 2, 1990)