Article I — GENERAL

As set forth in the general plan, the plan area statements provide detailed plans and policies for specific areas of the city. The plan area's written text and maps, as well as the other land use regulation's written text, provide specific land use policies and regulations for a specific planning area. Each planning area is depicted on the plan area maps.

The plan area statements and other land use regulations are adopted to promote and protect the public health, safety, peace, comfort, convenience, general welfare and environment, natural and manmade.

(Ord. 902; Ord. 1060 § 1 (Exh. A); Ord. 1152 § 3; Code 1997 § 32-1)

All projects as well as all activities shall be consistent with the provisions of the applicable plan area statements. Adopted community plans and area plans shall supersede the plan area statements for policies and regulations applicable to property or projects within the boundaries of the adopted community plan or area plan. No use that is illegal under local, state, or federal law shall be allowed within the city of South Lake Tahoe.

(Ord. 902; Ord. 982 § 1; Ord. 1060 § 1 (Exh. A); Ord. 1152 § 3; Code 1997 § 32-2)

The plan area maps and their related plan area statements for the city of South Lake Tahoe are adopted by reference and are depicted in the plan area map of the TRPA Regional Plan Overlay Maps, and in the document entitled "Regional Plan for the Lake Tahoe Basin, Plan Area Statements" (TRPA Code of Ordinances Section 11.3).

(Ord. 902; Ord. 1060 § 1 (Exh. A); Ord. 1152 § 3; Code 1997 § 32-3)

No building shall be erected and no existing building shall be moved, altered, added to or enlarged, nor shall any land or building be used or designed to be used, for any purpose or in any manner, nor shall any yard or other open space surrounding any building be encroached upon or reduced, except as permitted by and in conformity to the regulations specified in this chapter. If the plan area statement, community plan, area plan or other zoning regulation does not specifically allow a use or other regulation, then the use or regulation is considered to be not allowed. The only alternative is to amend the code, community plan, or area plan.

No building shall be erected, reconstructed or structurally altered to exceed the height limit designed for the plan area in which such building is located.

No yard or open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building or any other lot.

(Ord. 902; Ord. 1060 § 1 (Exh. A); Ord. 1152 § 3; Code 1997 § 32-4)

A plan area statement may be replaced or modified by the adoption of a community, area, specific, or master plan. Refer to Chapters 12, 13, and 14 of the TRPA Code of Ordinances. (Ord. 902; Ord. 1060 § 1 (Exh. A); Ord. 1152 § 3; Code 1997 § 32-5)

This chapter contains regulations created by two different jurisdictions, the TRPA and the city of South Lake Tahoe.

Those amendments involving the TRPA regulations adopted by reference shall have input from the TRPA staff prior to the city planning commission action to assess whether the amendment would also require an amendment to the TRPA Regional Plan.

If it is determined the amendment would require an amendment to the TRPA Regional Plan, the item shall be referred to the TRPA for review and approval at the conclusion of the city council action.

If the amendment relates only to the city code, the council action is final, pending any appeals.

Amendment process:

• A. Any amendment to this chapter which changes the boundaries of a plan area or which imposes any regulation or removes or modifies any regulation theretofore imposed may only be amended by any of the following procedures:

  1. The verified petition of one or more owners of property affected by the proposed amendment, which petition shall be filed with the planning commission, and shall be accompanied by the required fee.

  2. Resolution of intention of the city council.

  3. Resolution of intention of the planning commission.

  4. Directive of the city council.

  5. Public hearing scheduled by action of the development services director.

• B. Upon the filing of such verified petition or adoption of such resolution of intention, the planning staff shall set the times and places for such public hearings thereon as may be required by law and shall give such notice of such hearings as may be required by law.

• C. Following such hearings, the planning commission shall make a report of its findings and recommendations with respect to the proposed amendment and shall, within 60 days after the notice of the first of such hearings, file with the city council an attested copy of such report; provided, that such time limit may be extended upon the mutual agreement of the city and the applicant in the proceedings. Failure of the planning commission so to report within 60 days without such agreement shall be deemed to be a recommendation to the council to approve the proposed amendment.

• D. Within 60 days of the receipt of such report from the planning commission or upon the expiration of the 60-day period set forth in subsection (C) of this section, the city council shall set the matter for public hearing after notice thereof and of the proposed amendment, as required by law. Within 60 days of the notice of a public hearing, such hearing shall be conducted by the city council. The hearing may be continued from time to time with the consent of the applicant.

• E. Within a 60-day period of the scheduled hearing or the last continued hearing, the city council shall make a decision on the proposed amendment. A tie vote by members of the city council shall be deemed to be no action. No action by the city council shall be deemed to be a denial of the proposed amendment without prejudice.

• (Ord. 513 § 1; Ord. 902; Ord. 1060 § 1 (Exh. A); Ord. 1152 § 3; Code 1997 § 32-6)

• A. It shall be the duty of the planning commission and/or zoning administrator to administer the adopted provisions of this chapter. For the purpose of this chapter, the word "adopted" shall include both city-created codes and the adopted-by-reference codes.

It shall be the duty of the planning division to enforce the adopted portions of this chapter and all the provisions thereof.

The code enforcement officer of the city of South Lake Tahoe, or any successor position thereto, is expressly authorized to issue notices to appear for violations of this chapter in accord with SLTCC § 1.10.010 upon completion of the training required by California Penal Code Section 832 . The code enforcement officer shall at no time be authorized to carry firearms or to take physical custody of a suspect for purposes of arrest. Unless otherwise specified herein, all violations of this chapter shall be prosecuted as a criminal offense, infraction, punishable by a fine. Fines and penalties which may be imposed through the administrative hearing process shall be set forth in a duly adopted resolution of the city council.

• B. In the exercise of duties under this chapter, the planning commission and/or the zoning administrator shall:

  1. Supervise the administration of this chapter.

  2. Adopt rules and procedures necessary or convenient for the filing of use permits, variances and petitions.

  3. Act upon all applications for use permits and variances as may be referred to the commission for hearing pursuant to SLTCC § 6.55.640(D) .

  4. Make recommendations to the city council upon amendments to plan area statements or to provisions of this chapter.

  5. By resolution, on request or on its own initiative adopt rules implementing the regulations of this chapter by:

     • a. Setting forth additional specific uses allowed by right and by use permit which are, in the opinion of the commission, similar or accessory to those listed in this chapter and conform to the purposes of the plan area statements.

     • b. Setting forth additional specific uses for which parking space is required which are, in the opinion of the commission, similar or accessory to those listed in this chapter.

     • c. Setting forth standards of odor, gas, fumes, dust, smoke, noise, vibrations, glare, heat, electrical interference, radioactivity or waste allowable beyond the confines of a property.

• C. All departments, officials and public employees of the city which are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this chapter and all other zoning laws and ordinances and shall issue no such permit or license for uses, buildings or purposes where the same would be in conflict with the provisions of this chapter or such zoning laws or ordinances, and any such permits or licenses, if issued in conflict with the provisions of this chapter or such zoning laws or ordinances, shall be null and void.

provisions of this chapter and all other zoning laws and ordinances and shall issue no such permit or license for uses, buildings or purposes where the same would be in conflict with the provisions of this chapter or such zoning laws or ordinances, and any such permits or licenses, if issued in conflict with the provisions of this chapter or such zoning laws or ordinances, shall be null and void.

• D. Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this chapter or any use of any land, building or premises conducted, operated or maintained contrary to the provisions of this chapter shall be and the same is hereby declared to be unlawful and a public nuisance, and the city attorney shall, upon order of the city council, immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law and shall take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building or structure and restrain and enjoin any person from setting up, erecting,

building, maintaining or using any such building or structure, or using any property contrary to the provisions of this chapter.

• E. The remedies provided for in this section shall be cumulative and not exclusive.

(Ord. 902; Ord. 1060 § 1 (Exh. A); Ord. 1152 § 3; Code 1997 § 32-7)

The singular number shall include the plural, and the plural the singular. The word "building" shall include the word "structure." The word "used" shall include "arranged, designed, constructed, altered, converted, rented, leased or intended to be used." The word "shall" is mandatory and not directory.

(Ord. 902; Ord. 1060 § 1 (Exh. A); Ord. 1152 § 3; Code 1997 § 32-8)

The city council, upon written request, may waive planning fees for permits required by this chapter for charitable or governmental organizations. For purposes of this section, "charitable organization" includes nonprofit groups.

(Ord. 902; Ord. 1060 § 1 (Exh. A); Ord. 1152 § 3; Code 1997 § 32-8.1)

For purpose of this chapter, the city shall adopt, by reference, the definitions contained within the TRPA Code of Ordinances, Chapter 2, except the definitions of "residential" and "residential uses," which are defined as follows:

"Residential"

means uses, facilities and activities primarily pertaining to the occupation of buildings on a permanent basis for living, cooking and sleeping, which are allowed to be used or rented on a periodic basis.

"Residential unit"

means one or more rooms containing one or more bedrooms, with not more than one kitchen, designed to be occupied permanently as an independent housekeeping unit by one family or one collective household with facilities for living, cooking, sleeping and eating, which are allowed to be used or rented on a periodic basis.

As used in this chapter, the words and phrases shall have the meanings ascribed to them unless such meanings would be inconsistent with the manifest intent of the city council or the context clearly requires otherwise.

(Ord. 902; Ord. 933; Ord. 1060 § 1 (Exh. A); Ord. 1152 § 3; Code 1997 § 32-9)

Any person aggrieved by a decision of violation issued pursuant to sections of this chapter may appeal said decision of violation pursuant to Chapter 2.35 SLTCC. (Ord. 1105 § 1 (Exh. B); Ord. 1152 § 3)