Shasta Lake Municipal Code Art. II Uses Permitted with a Residence or in Selected Residential Districts

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. Affordable dwelling units are now found in Chapter 17.81.

(Ord. 97-99 § 1 (part))

(Ord. No. 14-233, § I, 5-20-2014)

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

(Ord. 97-99 § 1 (part))

In any district which permits a residence, the following subordinate buildings or uses are also permitted, unless otherwise specified by a particular district; provided that in districts in which an administrative or use permit is required for a residence, the administrative or use permit is issued. This provision does not apply to accessory dwelling units (ADU) or any other buildings used for human habitation.

A. Private garages, carports, residential accessory buildings and greenhouses as provided in this subsection.

1. a.

An attached or detached private two-car garage or carport not exceeding five hundred fifty (550) square feet of floor area, plus

b. One thousand (1,000) square feet of floor area in the same or separate garage or carport or in a residential accessory building(s) or greenhouses or a combination thereof. Any building under one hundred twenty (120) square feet of roof area is not considered a part of the one thousand (1,000) square foot total.

2. Additional floor area that exceeds the totals in subsections (A)(1)(a) and (b) of this section may be permitted if an administrative permit is issued, subject to the provisions of Section 17.88.230.

3. Lots that meet the criteria established for the use of agricultural accessory buildings, as described in Section 17.88.060, shall be exempt from the residential accessory building size criteria described in subsections (A)(1) and (2) of this section.

B. Small day care home.

C. Residential care facility.

D. Chickens, turkeys, ducks, geese, rabbits or similar sized animals shall be permitted in any zone district provided they are kept in a clean and sanitary condition and the total number shall not exceed twenty-five (25) per one-half acre. Roosters over three months old shall not be permitted in the R-1 zone district.

(Ord. 97-99 § 1 (part))

(Ord. No. 14-233, § I, 5-20-2014)

When the use of shipping containers is intended to be a permanent "accessory use" as defined in Section 17.02.620, such structures shall not interfere with the normal operation of the established use on the property, and are subject to the following requirements:

A. Permits Required. Placement of a shipping container of any kind is subject to the following permitting requirements:

1. Permanent use of shipping containers shall comply with applicable permitting requirements of the California Code of Regulations Title 24.

2. Shipping containers located within a residential district are subject to the provisions of Section 17.88.140.

B. Standards for Permanent Use of All Shipping Containers. In addition to site development standards of the applicable zone district and those cited within Chapter 17.84—General Design Standards, the following standards shall apply to the permanent use of all shipping containers:

1. Shipping containers shall reflect the architectural design of the primary building. Methods to achieve this may include paint color, siding material, roof pitch, and fenestration, as determined by the development services director or designee.

2. Setback requirements shall be those required for accessory buildings within the applicable zone district.

3. Shipping containers placed within a residential district shall not be visible from public rights-of-way, except when such containers have been modified pursuant to Section 17.88.142.B.1.

(Ord. No. 21-290, § 3, 9-7-2021)

A. Purpose. Garage sales or yard sales are permitted in a residential zone subject to the restrictions hereinafter set forth designed to protect the character of residential zones and the peace, privacy, safety and general public welfare of persons within such zones.

B. Garage or Yard Sale Defined. A "garage, patio and yard sale" means a sale conducted by any occupant of a residence from any location on the premises in any kind of residential zone of personal property accumulated during the course of ordinary residential living by selling the same to the public. Premises of churches, charitable organizations, schools and other nonprofit organizations are not residences as defined herein and expressly are not subject to the restrictions applicable to a garage, patio or yard sale defined herein.

C. Restrictions. A garage, patio or yard sale as hereinabove defined may be conducted only as follows:

1. No more than three sales may be conducted on the same property during any period of twelve (12) consecutive months.

2. Each sale shall last no more than three consecutive days beginning each day no earlier than eight a.m. and ending no later than six p.m., and shall be held no sooner than ninety (90) calendar days after a prior sale.

3. Only one sign advertising the sale is allowed and must be placed on the same property where the sale is being held. No signs on utility poles, traffic control devices, or in the public right-of-way are allowed. The sign can be double-faced, not larger than six square feet, and no higher than four feet. The sign may be placed up to twenty-four (24) hours prior to the sale, and shall be removed immediately following the sale.

4. Personal property sold at a sale shall not include secondhand goods obtained for purposes of resale.

D. Enforcement. The procedure for enforcement is as follows:

1. Any person may submit a complaint to the development services director or his or her designee.

2. The development services director or his or her designee shall investigate each complaint and, if warranted, issue a citation or refer the matter to the city attorney for filing of a complaint; provided, however, that the enforcement official shall give only a warning for a first violation of the provisions of this section.

(Ord. 04-161 § 1: Ord. 02-139 § 1)

In districts which do not list livestock as a permitted use, horses and private stables may be permitted subject to the approval of an administrative permit, if the following criteria are met:

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

B. Stables and paddocks shall be located not less than twenty (20) feet from the side or rear property lines, not less than fifty (50) feet from the front property line and not less than forty (40) feet from any dwelling on the same or adjacent property.

(Ord. 97-99 § 1 (part))

The development services director or his/her designee shall administer the requirements for home occupations in all residential zoning districts.

(Ord. No. 19-275, § 2(Exh. C), 9-3-2019)

The development services director or his/her designee shall administer the requirements for large day care homes in all residential zoning districts.

(Ord. No. 19-275, § 2(Exh. C), 9-3-2019)

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 the Shasta County 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.

(Ord. 97-99 § 1 (part))

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. 97-99 § 1 (part))

With an administrative permit, the uses described in Sections 17.88.220 through 17.88.250 of this chapter may be located in zone districts which permit them, subject to the criteria and limitations specified herein.

(Ord. 97-99 § 1 (part))

(Ord. No. 14-233, § I, 5-20-2014)

Editor's note— Ord. No. 14-233 repealed former § 17.88.180 in its entirety which pertained to family care residences and derived from Ord. 97-99 § 1 (part).

Editor's note— Ord. No. 14-233, § I, adopted May 20, 2014, repealed former § 17.88.190 in its entirety which pertained to senior citizen residences and derived from Ord. 97-99 § 1 (part).

Editor's note— Ord. No. 14-233, § I, adopted May 20, 2014, repealed former § 17.88.200 in its entirety which pertained to guest houses and derived from Ord. 97-99 § 1 (part).

Editor's note— Ord. No. 14-233, § I, adopted May 20, 2014, repealed former § 17.88.210 in its entirety which pertained to servant's quarters and derived from Ord. 97-99 § 1 (part).

Editor's note— Ord. No. 19-275, § 2(Exh. C), adopted Sept. 3, 2019, repealed §§ 17.88.220 and 17.88.230, which pertained to home occupation and large day care homes, and derived from Ord. 97-99, § 1 (part); and Ord. 98-106, § 1 (part).

A residential accessory building(s) that exceeds combined total of one thousand (1,000) square feet of floor area may be constructed on a lot in addition to a one-family residence, provided the building(s) shall not be used for human habitation or for any commercial purposes, unless otherwise provided in this division. This provision, signed by the applicant, shall be recorded prior to issuance of this permit.

(Ord. 97-99 § 1 (part))

A mobile home, in lieu of the first one-family residence, may be placed on a lot located in an unclassified (U) district, provided:

A. The mobile home complies with all applicable provisions of the city development standards;

B. Considering all relevant evidence on the character of existing residential uses in the vicinity, the effect of topographic and other natural features on the visibility of the mobile home from these uses, and the distance between the proposed site of the mobile home and these uses, no substantially detrimental aesthetic impact will result from installation of the mobile home.

(Ord. 97-99 § 1 (part))

If a use permit is issued, the uses described in Section 17.88.270 of this chapter may be located in districts which permit them, subject to the criteria and limitations specified herein.

(Ord. 97-99 § 1 (part))

A bed and breakfast guest 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 (20) feet in height (unless it is existing), and shall be architecturally compatible with the principal residence;

D. Neither the principal residence nor 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. One sign, not to exceed two square feet, shall be permitted;

I. Separate bed and breakfast guest facilities shall not be within one thousand five hundred (1,500) feet driving distance of each other;

J. Off-street parking shall be provided, as specified by Chapter 17.86 of this title. The parking area shall be located in an inconspicuous area and shall be surfaced to city 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. 97-99 § 1 (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 title. 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 (1,000) 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 (65) 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. 97-99 § 1 (part))

A. Purpose. The purpose of this section is to establish an appropriate permitting process and standards for short-term rental of single-family dwellings and dwelling units located in the City of Shasta Lake; to provide a visitor experience and accommodation as an alternative to the typical hotel, motel, and bed and breakfast accommodations customarily permitted in the city; to minimize potential negative secondary effects of short-term rental use on surrounding residents and neighborhoods; to retain the residential character of the neighborhoods in which any such use occurs; and to ensure the payment of required transient occupancy taxes.

B. Definitions. For purposes of this section, the following short-term rental facilities are established:

1. Hosted Homestay. An owner (or the primary occupant with the written permission of the owner) occupied single-family dwelling unit where, for compensation, individual overnight room accommodations are provided for a period of less than thirty (30) days. Hosted homestays do not include the provision of meals prepared by the hosts for consumption on-site by guests.

2. Vacation Rental. An entire dwelling unit where, for compensation, overnight accommodations are provided for a period of thirty (30) days or less, and the owner (or the primary occupant with the written permission of the owner) may or may not reside within the dwelling unit for the term of the rental.

C. Short-Term Rental Permit Requirements. No person shall use, advertise, or market for use, any dwelling unit on any parcel in any zoning district for short-term rental purposes without first obtaining approval as required by this section. The provisions of this section apply to all existing and future short-term rentals as defined in this section. Existing short-term rental facilities shall either apply for, or obtain authority to operate, within sixty (60) days of the effective date of the ordinance from which this section is derived. The following approval process is established:

1. Hosted Homestay and Vacation Rentals. Such use is permitted within all zoning districts subject to obtaining an administrative approval from the development services director or designee. Applicants shall be required to provide information determined necessary by the director, or designee, to establish compliance with this section and shall pay an application fee as may be established by resolution of the city council. Administrative permits for short-term rentals issued by the director or designee in accordance with the provisions of section 17.92.050, administrative permits, shall expire twelve (12) months from issuance unless renewed annually.

D. Permitted Locations. The regulations of this section shall apply to short-term rentals within a legally established single-family dwelling in all zoning districts.

E. General Requirements—Hosted Homestays and Vacation Rentals.

1. No more than one dwelling unit on a lot may be used at any one time for rental purposes.

2. A maximum of two rooms may be available for rent at any time within a hosted homestay.

3. Occupancy shall be limited to a maximum of two adults plus one child per rented room.

4. The property owner or the primary occupant with the written permission of the owner must always occupy the residence when rooms are being provided for rent within a hosted homestay.

5. A minimum of one on-site parking space shall be provided for each room that is rented beyond three rooms. Guest parking spaces shall be within the primary driveway or other on-site location. External changes to a property including converting significant areas of front yard landscape for purposes of meeting parking requirements is not allowed.

6. Short-term rentals shall comply with applicable building, health, fire and safety codes, including provision of working smoke and carbon monoxide detectors.

7. The owner shall post emergency evacuation instructions and "house policies" inside the home in a common area accessible to all tenants. The house policies shall be included in the rental agreement and shall be enforced by the owner. At a minimum, the house policies must:

a. Establish outdoor "quiet hours" between 10:00 p.m. and 7:00 a.m. to minimize disturbance to neighboring residences. Outdoor activities shall be prohibited during "quiet hours."

b. Require that guest vehicles be parked on the premises, and further directing that on-street parking for periods in excess of four hours is prohibited in compliance with this section, except as may otherwise be allowed pursuant to section 17.88.275.F.2.c. of this Code.

c. Provide notice that the property shall not be used to host non-property owner related weddings or other events involving the assembly of more than ten people.

8. On-site advertising signs or other displays indicating that the residence is being utilized as a short-term rental, is prohibited.

9. A city business license shall be obtained, and transient occupancy taxes paid in accordance with chapter(s) 3.20 and 5.04 as applicable. All advertising for any short-term rental shall include the City of Shasta Lake transient occupancy tax number and the business license number, assigned to the owner-applicant. With submittal of transient occupancy taxes, the operator shall also submit a statement indicating the number of daily guest stays, and the number of guests for the reporting period.

10. The short-term rental permit is not transferrable to a subsequent property owner or to another property.

11. This section shall not be construed as waiving or otherwise impacting the rights and obligations of any individual, group, or the members of any homeowner's association, as defined, to comply with or enforce CC&Rs.

F. General Requirements Vacation Rentals.

1. With the exception of items 2 and 4 listed in section 17.88.275.E. above, the general requirements for hosted homestays shall apply to all vacation rentals as defined herein.

2. The following additional provisions shall be applicable to vacation rentals. These provisions may be supplemented by additional requirements established by the development services director, or designee, as necessary to maintain compatibility of the use with surrounding properties.

a. A vacation rental shall not be rented to multiple unrelated parties concurrently unless the owner (or the primary occupant with the written permission of the owner) is residing on the premises during the rental period, in which case the rental shall be limited to two unrelated parties.

b. The owner/applicant shall keep on file with the city the name, telephone number, and email address of a local contact person who shall be responsible for responding to questions or concerns regarding the operation of the vacation rental. This information shall be posted in a conspicuous location within the vacation rental dwelling. The local contact person shall be available twenty-four (24) hours a day to accept telephone calls and respond physically to the vacation rental within sixty (60) minutes, if necessary. The name and contact information of the local contact person will be made available to the public.

c. Depending on the physical nature of the property and surrounding properties, where full city street improvements exist, the director, or designee, may allow on-street guest parking not to exceed credit for one parking space as required by this section.

G. Application Requirements. Where a permit is required by this section, applicants for a short-term rental use shall apply for a permit in accordance with the provisions of section 17.92.050, administrative permits, and shall pay the application fee established by resolution of the city council. In making a determination to approve, conditionally approve, or deny an application, the director or designee may consider factors, including but not limited to, proximity of the property to other vacation rentals, bed and breakfast establishments, and neighborhood and site characteristics including but not limited to availability of adequate parking, potential for traffic impacts, and other factors which may adversely affect the general public and neighborhood welfare and/or safety.

H. Permit Renewal. Holders of an administrative permit allowing for a short-term rental use shall apply annually for a renewal of the permit and shall pay the renewal fee established by resolution of the city council. In making a determination to approve, conditionally approve, or deny a renewal application, the director or designee may consider factors including but not limited to, prior complaints from neighbors and code enforcement activity, timeliness of business license renewal, timeliness of transient occupancy tax submittals, proximity of the property to other vacation rentals, proximity to bed and breakfast establishments, and other relevant neighborhood and site characteristics.

I. Violations/Revocations. Enforcement of the provisions of this section may include the civil and equitable remedies as permitted by state law, the issuance of a citation and fine, or other legal remedy as provided by chapter 17.94 of this Code. Upon notification by the city, any short-term rental operating in violation of the requirements of this section must terminate operations immediately. Further, a permit issued under the authority of this section may be revoked in accordance with the procedures established in section 17.92.050.H.

(Ord. No. 20-282, § II(Att. A), 9-1-2020)