Title 17 — ZONING[1]

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Title 17 - ZONING[[1]]

Chapters:

Footnotes:

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Editor's note— Contained herein is Ord. No. 315 as amended by the following ordinances: Ord. No. 315-6, Ord. No. 315-59, Ord. No. 315-14, Ord. No. 315-16, Ord. No. 315-200, Ord. No. 315-345, Ord. No. 315386, Ord. No. 315-399, Ord. No. 315-425, Ord. No. 315-450, Ord. No. 315-580, Ord. No. 315-584, Ord. No. 315-612, Ord. No. 315-628, Ord. No. 315-643, Ord. No. 315-648, Ord. No. 315-722, Ord. No. 315-725; and the following resolutions: Res. No. 66-96, Res. No. PC 91-1, Res. No. PC 91-2, Res. No. PC-2001-01, Res. No. PC-2004-08, Res. No. PC-2005-04. Subsequent ordinance history has been added following sections and in editor's notes throughout the title.

Chapter 17.01 - ADOPTION OF ZONING PLAN

Section:

17.01.010 - Adopted.

There is hereby adopted a zoning plan for the County of Trinity, State of California, said zoning plan being a districting plan as provided by law.

Chapter 17.02 - PURPOSE OF ADOPTION OF ZONING PLAN

Section:

Said zoning plan is adopted to promote and protect the public health, accomplishment thereof is adopted, among other purposes for the following more particularly specified purposes, to-wit:

A.

To assist in providing a definite plan of development for the county, and to guide, control and regulate the future growth of the county, in accordance with said plan.

B.

To protect the character and the social and economic stability of agricultural, residential, commercial, industrial, and other areas, within the county and to assure the orderly and beneficial development of such areas.

C.

To obviate the menace to the public safety resulting from the location of buildings, and the uses thereof, and of land adjacent to highways which are a part of the streets and highways plan of the master plan of the county, or which are important thoroughfares, in such manner as to cause interference with existing or prospective traffic movement on said highways.

Chapter 17.03 - NATURE OF ZONING PLAN

Section:

Said zoning plan consists of the establishment of various districts within the unincorporated territory of said county within some, all or none of which it shall be lawful, and within some, all or none of which it shall be unlawful to erect, construct, alter or maintain certain buildings or to carry on certain trades or occupations or to conduct certain uses of land or of buildings; within which the height and bulk of future buildings shall be lim-ited; within which certain open spaces shall be required about future buildings and consisting further, of appropriate regulations to be enforced in such districts, all as set forth in this title.

Chapter 17.04 - ESTABLISHMENT AND DESIGNATION OF DISTRICTS

Section:

The several districts hereby established and in to which the county is divided are designated as follows:

Chapter 17.05 - ESTABLISHMENT OF DISTRICTS

Section:

17.05.010 - Establishment of districts.

A.

The designations, locations and boundaries of such districts are set forth on the sectional district maps showing the zoning plan provided that all the unincorporated territory of the County of Trinity not included or indicted on the sectional district maps is hereby designated as in the "U" district.

B.

The aforesaid districts and certain combinations are hereby established insofar as the designation, locations and boundaries thereof are set forth and indicated in Chapter 17.04, and other sections of this title which describe certain of said districts; Chapter 17.08, which consists of index map to various sectional district maps, and Sections 17.09, 17.09.1, 17.09.2 and other sections of this title, each of which other section is designated by the number 17.09, followed by a period and numeral or letter, and which section consists of a sectional district map which shows the designation, locations, and boundaries of certain said districts. Said maps and all notations, reference data, and other information shown thereon are hereby made a part of this title.

C.

Where uncertainty exists as to the boundaries of any of the aforesaid districts as described as aforesaid or as shown on said sectional maps, the planning commission, upon written application, or upon its own

motion, shall determine the location of such boundaries.

Chapter 17.06 - EFFECT OF ESTABLISHMENT OF DISTRICTS

Section:

17.06.010 - Effect of establishment of districts.

A.

Except as hereinafter otherwise provided:

1.

No building shall be erected and no existing building shall be moved, altered, added to or enlarged, nor shall any land, building, or premises be used, designated or intended to be used for any purpose, or in any manner other than is included among the uses hereinafter listed as permitted in the district in which such building, land, or premises is located.

2.

No building shall be erected, reconstructed or structurally altered to exceed in height the limit hereinafter designated for the districts in which such building is located.

3.

No building shall be erected, nor shall any existing building be altered, enlarged, or rebuilt, nor shall any open space be encroached upon or reduced in any manner except in conformity to the yard, building site area and building location regulations hereinafter designated for the district in which such building or open space is located.

4.

No yard or other open space provided about any building for the purpose of complying with provisions of this title shall be considered as providing a yard or open space for any other building, and no yard or other open space on one building site, shall be considered as providing a yard or open space for a building on any other building site.

B.

No governmental unit whether county, district, state or federal shall be exempt from the provisions of this title.

Chapter 17.07 - "U" DISTRICTS

Section:

All the unincorporated territory of the county which is not included under the terms of this title in any other district, is hereby designated and classified as constituting "U" districts.

(Ord. No. 18-001, Pt. A, 1-23-2018)

Chapter 17.08 - INDEX MAP

Section:

Shall consist of an index map to sectional district maps, which show the zoning plan, being parts of this title under the revisions of Chapter 17.05 hereof and shall constitute Chapter 17.08 of this title.

Chapter 17.09 - SECTIONAL DISTRICT MAPS

Section:

Shall consist of a series of sectional district maps, which show the zoning plan, being parts of this title under the provisions of Chapter 17.05 hereof, and are designated Sections 17.09.1, 17.09.2, etc.

Chapter 17.10 - DEFINITIONS

Section:

For the purpose of this title, certain terms used herein are defined as follows:

All words used in the present tense shall include the future tenses; all words in the plural number shall include the singular; and all words in the singular number shall include the plural number, unless the natural construction of the wording indicates otherwise.

The word "lot" includes the "plot"; the word "building" includes the word "structure"; and the word "shall" is mandatory and not directory. The word "county" as used herein shall mean the County of Trinity, State of California; the words "board of supervisors" shall mean the board of supervisors of the County of Trinity, State of California; the words "planning commission" shall mean the county planning commission of the County of Trinity, State of California; and the words "county boundary" shall mean the boundary of the County of Trinity, State of California.

"Adult day support center" means a community-based group grogram designed to meet the needs of functionally impaired adults through an individual plan of care in a structured comprehensive program that provides a variety of social and related support services in a protective setting on less than a twenty-fourhour basis.

"Airport" means a place, either on land or on water, where aircraft may land and take off and where additional space may be provided to discharge or receive cargoes and passengers, make repairs, or take in fuel.

"Agriculture" means art or science of cultivating the ground, including harvesting of crops and rearing and management of livestock, tillage, husbandry, farming, horticulture, forestry, and the science and the art of the production of plants and animals useful to man.

"Agricultural commodity" means any and all plant and animal products produced for commercial purposes.

"Agricultural preserve" means an area devoted to agricultural and compatible uses. Such preserves, when established, shall be for the purpose of subsequently placing restrictions upon the use of land within them, or supplementing existing restrictions, pursuant to the purposes of this title. Such preserve may contain land other than prime agricultural land, but the use of any land not under contract within the preserve shall subsequently be restricted in such a way as to not be incompatible with the agricultural use of the prime agricultural land, the use of which is limited by contract in accordance with this title. Such preserve may also be established even if it contains no prime agricultural land, provided that the land within the preserve is subsequently restricted to agricultural and compatible uses by agreement as provided in this title, or by any other suitable means.

"Agricultural structures" means any structure designed and constructed for the sole purpose of sheltering livestock, poultry, agricultural equipment, livestock and poultry feed, and similar uses in which there is no human habitation and which is not used by the public.

"Agricultural use" means the use of land for the purpose of producing an agricultural commodity for commercial purposes.

"Alley" means a passage or way open to public travel, affording a secondary means of vehicular access to abutting lots and not intended for general traffic circulation.

"Animal hospital, large" means any premises used for the treatment, care, boarding, grooming of large or small animals.

"Animal hospital, small" means any premises used for the treatment, care, boarding, grooming of dogs, cats and similar size animals, with all operations being conducted solely within a building unless otherwise specified in the use permit.

"Apartment" means a room, or suite of two or more rooms, which is designated for, intended for, or occupied by one family doing its cooking therein.

Automobile Wrecking Yards. See "Junk Yard."

"Bed and breakfast inn" means a dwelling including on-site accessory structures, containing a single dwelling unit in which the inn owner or manager resides, and containing not more than four guest rooms, in which, for compensation, temporary night to night lodging with or without meals is provided.

"Block" means that property abutting on one side of a street and lying between the two nearest intersecting or intercepting streets or nearest intersecting or intercepting streets and railroad right-of-way, unsubdivided

acreage, water course or body of water.

"Building" means any structure built entirely of frame or a more lasting type of construction, having a roof supported by columns or by walls and intended for the shelter, housing, or enclosure of any person, animal or chattel, but not including any tent or trailer.

"Building, accessory" means a subordinate building the use of which is incidental to that of a main building on the same building site.

"Building, main" means a building in which is conducted the principal use of the building site on which it is situated. In any residential district, any dwelling shall be deemed to be a main building on the building site on which the same is situated.

"Business, retail" means the retail sale of any article, substance or commodity for profit or livelihood, conducted within a building but not including the sale of lumber or the sale of used or second-hand goods or materials of any kind.

"Building site" means a parcel of land occupied or intended to be occupied by one main building, and buildings and uses customarily accessory or incidental thereto, including such open spaces as are provided or are intended to be used in connection therewith or are required by the regulations for the district wherein such parcel is located.

"Business, wholesale" means the wholesale handling of any article, substance or commodity for the profit or livelihood, but not including the handling of lumber or other building materials or the open storage or sale of any material or commodity and not including the processing or manufacturing of any product or substance.

"Camp grounds" means land or premises which is used or intended to be used, let, or rented for occupancy by campers traveling by automobile or otherwise, or for occupancy be tents or similar quarters.

"Carport" means an accessible and usable covered space of not less than ten feet by twenty feet for the storage of vehicles.

"Cattle feed yard" means shall mean any premises on which cattle are held or maintained for the purpose of feeding and fattening for market and where sixty percent or more of the feed for such cattle is imported or purchased.

"Clubs" means all clubs except those, the chief activity of which is a service customarily carried on as a business.

"Combining district" means any district in which the general district regulations are combined with "-B" for the purpose of adding additional special regulations, i.e., "R-1" combined with "-B" (R-1-B) increases the lot size, setbacks and lot width.

"Courts" means an open, unoccupied space, other than a yard, on the same lot with a building or group of buildings and which is bounded on two or more sides by such building or buildings.

"Density" means the ratio of single-family living unit to acreage.

"Duplex" means a detached building, under one roof, designed or occupied exclusively by two families living independently of each other.

"Dwelling, multiple" means a building or portion thereof, used or designed as a residence for three or more families living independently of each other, and doing their own cooking in said building, including apartment houses, apartment hotels, and flats, but not including automobile courts.

"Emergency shelter" means a shelter or home run by a recognized public or non-profit entity for the purpose of emergency housing, i.e., less than six months maximum occupancy, under a declared public emergency. Such units may be established within any residential zoning district and may provide housing for up to twelve occupants. Under the terms of the operations program, no individual or household may be denied emergency shelter because of an inability to pay. Such facilities shall conform to the following development standards:

1.

No more than twelve beds, not including facilities for on-site staff.

2.

A minimum parking area of one space for every two beds, in addition to two spaces reserved for on-site staff.

3.

There shall be on-site staff at all times.

4.

Such facilities shall be separated from other such facilities by a minimum of three hundred feet.

5.

A written security plan shall be provided to the county sheriff prior to operation.

Emergency shelters may be established on properties within the public facility zoning district under emergency authorization by the board of supervisors without limitation to duration, population, and other criteria noted above.

"Exterior architectural feature" means the architectural style, design, and arrangement of components of all of the exterior surfaces of an improvement as opposed to the interior surfaces enclosed by the exterior surfaces. These include, but are not limited to, the type, color, and texture of the building materials; the type and style of all windows, doors, roofs, signs, and lights and any other elements pertaining to an improvement or attached, or having the appearance of being attached thereto.

of all of the exterior surfaces of an improvement as opposed to the interior surfaces enclosed by the exterior surfaces. These include, but are not limited to, the type, color, and texture of the building materials; the type and style of all windows, doors, roofs, signs, and lights and any other elements pertaining to an improvement or attached, or having the appearance of being attached thereto.

"Family" means one or more persons occupying a premises and living as a single non-profit housekeeping unit as distinguished from a group occupying a hotel, club, fraternity or sorority house. A family shall be deemed to include necessary servants.

"Farm labor quarters" means rooming and boarding houses and mess halls for any number of farm help customarily employed principally on land owned by the owner of the building site occupied by said houses or halls. Farm labor quarters shall also mean farm labor family housing where two or less families are provided living quarters or housing accommodations.

"Garage" means an accessible and usable covered and completely enclosed space of not less than ten by twenty feet per vehicle for storage of automobiles. Such garage to be so located on the lot so as to meet the requirements of this title for accessory building, or if attached to the main building, to meet all the requirements applicable to the main building. A turning radius of at least twenty-five feet shall be required for any garage where the access does not directly face the street.

"Garage, private" means an accessory building for only the storage of private motor vehicles, a subordinate use incidental to the main building.

"Garage, public" means any premises, except those herein defined as a private or storage garage, used for the storage and/or repair of motor vehicles or where any such vehicles are equipped for operation or repair, or kept for re-numeration, hire, or sale.

"Golf course" means a golf course with minimum of nine holes none of which is less than a three-par hole.

"Gross coverage" means the total area of the building site covered by structures, not including any portion of covered malls in shopping centers which are not used for sale of service.

"Guest house" means detached living quarters of a permanent type of construction, without kitchens or cooking facilities, clearly subordinate and incidental to the main building the same building site, and not to be rented, let, or leased, whether compensation be direct or indirect.

"Height of building" means the vertical distance from the average level of the highest and lowest point of that portion of the building site covered by the building, to the average plateline of the topmost habitable floor of a building, but excluding certain features, as specified in Chapter 17.30 of this title.

"Hog ranch, commercial" means shall mean any premises on which hogs are raised or maintained and said hogs are fed by the purchase or import of swill, garbage, vegetables, or fruit.

"Hotel" means any building or portion thereof containing six or more guest rooms used, designed, or intended to be used, let, or hired out to be occupied, or which are occupied by six or more guests, whether the compensation for hire be paid directly or indirectly.

"Hotel, resort" means a hotel and accessory recreational components as well as service uses designed primarily for the convenience of guests and containing guest rooms with a maximum density of ten guest rooms per acre and with a minimum of ten percent of the total area maintained for landscaping.

"Improvement" means the building, structure, place, parking facility, fence, gate, wall, work of art or other objects making up a physical betterment of real property or any part of such a betterment.

"Junk yard" means the use of more than two hundred square feet of the area of any parcel, lot, or contiguous lots, for the storage of junk, including scrap metals or other scrap materials and/or for the dismantling or "wrecking" of automobiles or other vehicles or machinery.

"Kennels, boarding" means any premises where four or more dogs, cats, or other animal or fowl are maintained, boarded or cared for, or are kept there for the purposes of sale.

"Kennels, breeding" means any premises where four or more dogs, cats, or other animal or fowl are maintained for breeding purposes.

"Labor camps" means any living quarters, dwelling, boarding house, tent, bunkhouse, maintenance-of-way car, trailer coach or other housing accommodations, maintained in connection with any work or place where work is being performed, and the premises upon which they are situated and/or the area set aside and provided for camping of five or more employees by a labor contractor. Labor camp shall also mean a labor supply camp. A labor supply camp is hereby defined to be any place, area, or piece of land where three or more families are provided living quarters or housing accommodations.

Lot, Key. See "Lot, Reverse Frontage."

"Lot, reverse frontage" means the first lot to the rear of a lot, the front line of which is a continuation of the side line of the corner lot exclusive of the width of any alley, and fronting on the street which intersects or intercepts the street upon which the corner lot fronts.

"Manufactured home" means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width, or forty body feet or more in length, or, when erected on site, is three hundred twenty or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification and complies with standards established under this part.

en connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification and complies with standards established under this part.

"Manufactured home" includes a mobile home subject to the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C., Sec. 5401, et seq.).

"Mobile home":

1.

A structure transportable under permit in one or more sections, designed and equipped to contain not more than two dwelling units to be used with or without a foundations system; or

2.

A structure transportable under permit in one or more sections, designed to be used with a foundation system for any of the following purposes:

a.

Three or more dwelling units, as defined by Section 18003.3 of the California Health and Safety Code.

b.

As a dormitory. A "dormitory" shall mean a room or rooms inhabited for the purposes of temporary residence by two or more persons.

c.

A residential hotel, as defined by paragraph (1) of subdivision (b) of Section 50519 of the California Health and Safety Code.

d.

Efficiency units, as defined by Section 17958.1 of the California Health and Safety Code.

"Mobile home does not include a recreation vehicle, commercial coach, or factory-built housing, as defined in Section 19971 of the CA Health and Safety Code. The handicap accessibility and adaptability

requirements of Title 24 of the California Code of Regulations applicable to dormitories, hotels, and apartment houses shall be applicable to mobile homes constructed for those purposes.

"Mobile home park, trailer park, mobile home courts, court, trailer court" means:

1.

The renting or holding out for rent by a person of spaces anywhere within Trinity County to owners or users of two or more trailers;

2.

The allowance by a person of free use of spaces anywhere within Trinity County to owners or users of two or more trailers for the purpose of securing their trade;

3.

The renting or holding out for rent of space to the owner or user of one trailer, if the trailer is not or will not be the only dwelling unit on the parcel; or

4.

The allowance of free use of space to the owner or user of a trailer for the purpose of securing his trade, if the trailer is not or will not be the only dwelling unit on the parcel.

"Motel" means a group of two or more buildings containing guest rooms or apartments with automobile storage space serving such rooms or apartments provided in connection therewith, which group is designed and used primarily for the accommodation of transient automobile travelers.

"Non-conforming" means a nonconformity is a building, structure, or use which, when erected or established, complied with all the applicable provisions of this title or prior planning and zoning regulation, but which presently fails to conform to one or more of the provisions of this title.

"Nurseries other than wholesale nurseries" means the retail handling of any article, substance or commodity related to the occupation of gardening, including the sale of plants, shrubs, trees packaged

fertilizers, soils, chemicals and other nursery goods and related products. The bulk sale or bulk storage of fertilizers, soils, chemicals and other garden supplies shall be within a building.

"Nurseries, wholesale" means all nurseries other than those defined in the paragraph immediately preceding.

"One ownership" means ownership of property (or possession thereof), under a contract to purchase or under a lease, the term of which is not less than ten years, by a person or persons, firm, corporation, or partnership, individually, jointly, in common, or in any other manner whereby such property is under single or unified control. The term "owner" shall be deemed to mean the person, firm, corporation, or partnership exercising one ownership as herein defined.

"Parking space" means an accessible and usable space on the building site at least nine feet by twenty feet located off the street with access for parking purposes, not including the use of established front yard areas unless permitted in Section 17.30.090(C).

"Person" means shall include a person, corporation, or partnership.

"Poultry farms" means the raising and/or keeping of more than fifty chickens, ducks, geese, pigeons, pheasants, peafowl, or guinea fowl.

"Professional office" means an establishment of professional, executive and administrative offices, including those of accountants, lawyers, doctors, dentists, architects, engineers, drafting offices, insurance agents, real estate agents, and other occupations which are of similar character to those enumerated, but not including barbers, beauty parlors, cosmetologists, or other service establishments and building trades contractors.

"Recreational vehicle" means either of the following:

1.

A motor home, travel trailer, truck camper, or camping trailer, with or without motive power, designed for human habitation for recreational, emergency, or other occupancy, which meets all of the following criteria:

a.

It contains less than three hundred twenty square feet of internal living area, excluding built-in equipment including, but not limited to, wardrobe, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms.

b.

It contains four hundred square feet or less of gross floor area measured at maximum horizontal projections.

c.

It is built on a single chassis.

d.

It is either self-propelled, truck-mounted, or permanently towable on the highways without a permit.

2.

A park trailer designed for human habitation for recreational or seasonal use only, which meets all of the following criteria:

a.

It contains four hundred square feet or less of gross floor area measured at the maximum horizontal projections. However, it may not exceed twelve feet in width or forty feet in length in the traveling mode.

b.

It is built on a single chassis.

c.

It may only be transported upon the public highways with a permit.

"Rest home" means the rooming or boarding of any aged or convalescent persons, whether ambulatory or non-ambulatory, for which a license is required by a county, state or federal agency.

"Rooming or boarding house" means a dwelling other than a hotel where a lodging and/or meals for three or more persons are provided for compensation.

"Scenic Easement" Means Includes that land in Trinity County, California, as shown in Drawing No. BORWST 1004, dated July 1963, entitled "Proposed Whiskeytown-Shasta-Trinity National Recreation Area," on file in the office of the Trinity County Clerk.

"Secretary of Agriculture" refers to the Secretary of Agriculture of the United States of America.

"Sign" means anything whatsoever placed, erected, constructed, posted, painted, printed, tacked, nailed, glued, stuck, carved or otherwise fastened, affixed, or made visible for out-of-door advertising purposes in any manner whatsoever, on the ground or on any tree, wall, bush, rock, post, fence, building structure, or thing whatsoever.

For the purpose of this title, the advertising area of only one side of a double-faced sign shall be used in determining the advertising area.

"Sign, appurtenant" means a sign relating only to goods sold or services rendered upon the building site on which said sign is erected or maintained.

"Sign, directional and informational" means any sign which is confined to the giving of directions to a community or population center, or which, in addition to such directions, also gives general information as to the services, products, or facilities available therein, without, however, naming or otherwise identifying any particular establishment, purveyor of goods or services, or brand or manufacturer of products.

"Sign, outdoor advertising" means any sign other than an appurtenant sign or a directional and information sign.

Single-family dwelling means a single dwelling unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, cooking, eating, and sanitation.

"Small livestock farming" means the keeping of a maximum of twenty-four animals, including a maximum of twelve birds (including chicken hens, pigeons, and similar fowl) and a maximum of twelve small mammals (including rabbits and similar small animals). The term "small livestock farming" shall not include the keeping of roosters, quacking ducks, geese, guinea fowl, pea fowl, goats, sheep, hogs, horses, mules, cattle, or similar livestock.

"Special occupancy park" means special occupancy shall include: Travel trailer parks, recreational trailer parks, temporary trailer parks, incidental camp areas, and tent camps.

"Street, public" means a street, road, or way, but not an alley, owned by or maintained by a state, county, or incorporated city.

"Street line" means the boundary between a street and abutting property.

"Structural alterations" means any change in the supporting members of a building such as bearing walls, columns, beams or girders.

"Structure" means anything constructed or erected, except fences under six feet in height, the use of which requires location on the ground or attachment to something having location on the ground but not including any trailer or tent.

"Structure, outdoor advertising" means any structure of any kind or character, erected or maintained for outdoor advertising sign purposes.

"Supportive housing" means housing with no limit on length of stay, that is occupied by the target population, and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. (Health and Safety Code 50675.14.)

"Surfaced areas" means use of gravel, oil, cement, but not limited to.

"Trailer" means a vehicle designed and used for human habitation and with its wheels in place.

"Trailer court, mobile home court" means any area or tract of land where space is rented or held out for rent to one or more owners or users of trailers, or mobile home, or where the free use of such space is permitted owners or users of trailers for the purpose of securing their trade.

"Transitional housing" and "transitional housing development" means rental housing operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months. (Health and Safety Code 50675.2.)

"Trinity County recreation area" means that land in Trinity County, California, as shown on the maps referred to in Chapter 17.05.

"Use" means the purpose for which land or premises or a building thereon is designed, arranged, or intended, or for which it is, or may be occupied or maintained.

"Use, accessory" means a use accessory to any permitted use and customarily a part thereof, which use is clearly incidental and secondary to the permitted use and which does not change the character thereof.

"Yard" means an open space other than a court on the same building site with a building, which open space is unoccupied and unobstructed from the ground upward, except as otherwise provided in Chapter 17.30 of this title, but not including any portion of any street or alley or road right-of-way.

"Yard, front" means a yard extending across the front of the lot between the side lot lines and to a depth required by the district in which said lot is situated.

"Yard, rear" means a yard extending across the back of the lot between the side lot lines and to a depth required by the district in which said lot is situated.

"Yard, side" means a yard between the side line of the lot and to a width required by the district in which said lot is situated, and extending from the front yard to the rear yard.

(Ord. No. 315-806, § 1, 1-28-14)

Chapter 17.11 - UNCLASSIFIED OR "U" DISTRICT

Sections:

17.11.010 - General description.

The unclassified districts are those areas of the county not classified into zoning districts of a particular use at this time.

17.11.020 - List of uses permitted on a parcel in an unclassified district.

Single-family dwelling.

Christmas tree farm.

Forestry.

Orchard.

Row and Field Crops.

The keeping of the following animals per the identified ratios of animal to square foot of lot area:

A.

Horses, mules, cattle, similar livestock: Maximum one animal per twenty thousand square feet.

B.

Goats, sheep, similar livestock: Maximum three animals per twenty thousand square feet.

C.

Ratites (emus and related birds): Maximum one pair of ratites plus their offspring (maximum of forty offspring) per twenty thousand square feet. Offspring include chicks and/or pullets less than thirteen months of age.

D.

Chickens, ducks, geese, pigeons, pheasants, peafowl, guinea fowl, rabbits, mink, chinchilla, similar livestock — maximum twenty-five animals per twenty thousand square feet. (See note below.)

Note: For computational purposes only, square footage used in computing the allowable number of animals for one category of animals may not be used for any other category.

(Ord. No. 315-806, § 1, 1-28-14)

17.11.030 - Uses permitted subject to first securing a use permit.

Any use, except those identified in Section 17.11.020.

The minimum lot area shall be one recorded parcel not less than five acres in area.

Each lot shall be not less than three hundred feet in depth. Each lot shall have a minimum width of one hundred feet.

17.11.060 - Building height.

Maximum building height shall be forty feet.

17.11.070 - Front yard.

Front yards shall have a minimum depth of twenty feet.

Each side yard shall have a minimum width of ten feet.

There shall be a rear yard not less than twenty feet in depth for any portion of the building.

The total land area covered by structures shall not exceed twenty-five percent of the total area of the lot.

For subdivision purposes, appropriate zoning shall be determined as part of the subdivision process. For other entitlement requests, appropriate zoning shall be determined, as necessary, prior to issuance of the entitlement.

Chapter 17.13 - AGRICULTURAL OR "A" DISTRICT

Sections:

17.13.005 - In general.

Subject to provisions of Chapter 17.30, none but the following uses, or uses, which in the opinion of the planning commission are similar would be allowed (see Section 17.30.010).

All agricultural uses, including crop and tree farming, livestock farming, dairies, animal husbandry, aviaries, single-family dwelling, except that uses indicated in Section 17.13.020 shall not be established until a use permit is first secured.

(Ord. No. 315-806, § 1, 1-28-14)

17.13.020 - Uses permitted subject to first securing a use permit.

A.

Frog and poultry farms, commercial hog and turkey raising, cattle feed yards, and animal sales yards, agricultural processing plants.

B.

Storage, rental and sales of irrigation equipment. Stands for the sale of products grown upon the premises.

C.

Public or quasi-public, including churches, fire houses, schools (public and parochial) or schools accredited to the state school system, and public utilities. Labor camps, including necessary or pertinent buildings but including any type of subdivision development, subdivision development, whether by official map, parcel map or recorded subdivision.

D.

Horse ranch/summer camp; campgrounds/resorts (see natural resource section of land use element); dog kennels; animal hospitals, small and large.

E.

Retail nurseries involving crops/plants which are not grown on the site and associated sales.

(Ord. No. 315-785, § 1, 9-7-10; Ord. No. 315-806, § 1, 1-28-14)

17.13.030 - Accessory buildings and accessory uses.

Accessory buildings and accessory uses, including barns, stables, and other farm out buildings, farm labor quarters and quarters for servants employed on the premises, one accessory to an agricultural operation on the same building site.

Name plates and non-illuminated signs. Not over twenty square feet, if pertinent to any permitted use.

(Ord. No. 315-806, § 1, 1-28-14)

17.13.040 - Signs.

Signs not exceeding ten square feet in area in the aggregate for each building site may be displayed for purpose of advertising the sale or lease of property upon which it is located without obtaining a use permit.

17.13.050 - Minimum parcel size.

For subdivision purposes, the minimum parcel size required: Corner and interior lots: One-half acre.

17.13.060 - Minimum lot width required.

Corner and interior lots: One hundred feet.

17.13.070 - Maximum allowable lot coverage by all structures.

No requirement.

17.13.080 - Maximum allowable height.

Forty feet.

17.13.090 - Minimum front yard requirements.

Twenty feet.

17.13.100 - Minimum side yard required.

Exterior and interior: Twenty feet.

17.13.110 - Minimum rear yard required.

Corner lot and interior lot: Twenty feet.

17.13.120 - General requirements.

Larger lot sizes may be required.

Special yard requirements, accessory buildings other than garages shall be located a minimum of twenty feet from any dwelling unit on the property, other yard requirements see Section 17.30.060.

Parking requirements: See Section 17.30.090.

Sections:

17.29A.010 - Applicability of overlay zone.

A.

The initials "CWR" appearing after a zone abbreviation on a zoning map indicates that the property so classified is subject to provisions of this chapter in addition to those of the underlying zone.

B.

The "CWR" zone may be applied to any land within the county for which the board of supervisors, after public hearing, determines that development may have a detrimental impact on water resources such as those resulting from extractions of ground and/or surface waters which would be beyond the capability of the resource or by contamination of ground or surface waters.

17.29A.020 - Uses permitted.

All uses permitted under the basic land use zones; provided, however, that said use is found to conform to the "CWR" overlay.

17.29A.030 - Development standards.

A.

Water Quantity. Where the "CWR" overlay zone pertains to the amount of water available, proof of such water availability shall be demonstrated prior to the division of any parcel of land. Water availability shall be proven by one or all of the following methods:

1.

An on-site well located a minimum of one hundred feet from any stream, and drilled to a minimum depth of fifty feet, for each proposed parcel producing year-round flows of not less than one and one-half gpm;

2.

A spring on each proposed parcel producing year round flows of not less than one and one-half gpm; or

3.

Provide water to each proposed parcel from a public (community) water system defined and regulated under the California Health and Safety Code, Division 5, Pure Water Law.

B.

Water Quality. Where the "CWR" Overlay pertains to the quality of water, proof of safe drinking water shall be demonstrated prior to the division of any parcel of land. The following conditions may be required at the discretion of the county health department:

Chemical analysis of the subject water source to be performed by a state certified laboratory for chemical analysis.

2.

Bacteriological analysis of the subject water source to be performed by a state certified laboratory for bacteriological analysis.

The nature and scope of said analyses shall be at the discretion of the county health department.

17.29A.040 - Exceptions.

The provisions of this chapter shall not be applicable to divisions whereby it is found by the board of supervisors that said division would not in any manner necessitate the use of water, either for human or animal consumption or irrigation. Upon such finding, all documents pertaining to said division shall be clearly marked by the zone abbreviation followed by the initials "CWRN." No building, septic tank or other like permits may be issued by any agency for land so designated "CWRN."

Chapter 17.29B - FLOOD HAZARD (FH) ZONING DISTRICT OR FLOOD HAZARD OVERLAY ZONE

Sections:

ARTICLE I. - INTRODUCTION

17.29B.010 - Statutory authorization.

The Legislature of the State of California has in Government Code Section 65302, 65560 and 65800 conferred upon local government units the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the board of supervisors of Trinity County does ordain as follows.

(Ord. No. 315-776A, § 1, 10-20-09)

17.29B.020 - Findings of fact.

A.

The flood hazard areas of Trinity County are subject to periodic inundation, which can result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

B.

These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards, which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately flood proofed, elevated or otherwise protected from damage also contribute to the flood loss.

(Ord. No. 315-776A, § 1, 10-20-09)

17.29B.030 - Statement of purpose.

It is the purpose of this chapter to promote the public health, safety, and general welfare, to protect fish and wildlife resources, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

A.

Protect human life and health;

B.

Minimize expenditure of public money for costly flood control projects;

C.

Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

D.

Minimize prolonged business interruptions;

E.

Minimize damage to public facilities and utilities, such as water and gas mains, electricity, telephone, sewer lines, streets and bridges located in areas of special flood hazards;

F.

Help maintain a stable tax base by providing for sound use and development of areas of special flood hazard so as to minimize future flood blight areas;

G.

Ensure that potential buyers are notified that property is in an area of special flood hazard;

H.

Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions; and

I.

Minimize impacts to fish and wildlife resources that are associated with floodplains where such resources do not conflict with public health and safety.

(Ord. No. 315-776A, § 1, 10-20-09)

17.29B.040 - Methods of reducing flood losses.

In order to accomplish its purposes, this chapter includes methods and provisions for:

A.

Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion, flood heights or velocities;

B.

Requiring that uses vulnerable to floods, including facilities that serve such uses, be protected against flood damage at the time of initial construction;

C.

Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help to accommodate flood waters and maintain fish and wildlife resources;

D.

Controlling filling, grading, dredging, and other development which may increase flood damage; and

E.

Preventing or regulating the construction of flood barriers that will unnaturally divert flood waters or which may increase flood hazards in other areas.

(Ord. No. 315-776A, § 1, 10-20-09)

ARTICLE II. - FLOOD HAZARD (FH) ZONING DISTRICT

17.29B.050 - Applicability of flood hazard (FH) zoning district.

All of the following areas shall be zoned flood hazard (FH) zoning district:

A.

Areas designated as a regulatory floodway or zone AE on the Federal Emergency Management Agency's (FEMA) flood insurance rate maps (FIRM);

B.

Areas designated on the FIRM as zone A along the Trinity River, Coffee Creek or along streams in communities with an adopted community plan;

C.

Areas identified as one hundred-year floodplain on parcel maps and final maps filed for record in accordance with the Trinity County Subdivision Ordinance;

D.

Areas identified as one hundred-year floodplain in a use permit condition or other county entitlement; and

E.

Areas identified as one hundred-year floodplain by a flood study approved by the board of supervisors.

F.

Areas along the Trinity River identified as inundated by the maximum fishery flow by a flood study approved by the board of supervisors.

(Ord. No. 315-776A, § 1, 10-20-09)

17.29B.060 - Uses permitted.

The following uses are permitted within a designated special flood hazard area, excepting floodways:

A.

Agricultural uses not involving the construction of structures or other uses which would limit the flow of flood waters.

B.

Placement and repair of wire or wood fencing, which will allow for the passage of water. No solid fencing or walls are allowed without first obtaining a floodplain development permit.

C.

Maintenance and repair of existing bridges, culverts and roadways.

D.

Recreational mining or dredging, not subject to the Surface Mining and Reclamation Act (SMARA).

(Ord. No. 315-776A, § 1, 10-20-09)

17.29B.070 - Uses permitted subject to first securing a floodplain development permit (per Section 17.29B.220 of this chapter).

The following uses may be permitted subject to first securing a director's issued floodplain development permit, and, where applicable, complying with regulatory floodway provisions of Section 17.29B.090, below:

A.

Construction or replacement of bridges, culverts, roadways, bank slope protection devices and levees, and fisheries or wildlife habitat improvement projects shall be allowed, provided a certification by a registered professional engineer is provided demonstrating that the net effect of the project, in conjunction with all other projects developed on the affected stream reach since the effective date of the FIRM for said stream,

ridges, culverts, roadways, bank slope protection devices and levees, and fisheries or wildlife habitat improvement projects shall be allowed, provided a certification by a registered professional engineer is provided demonstrating that the net effect of the project, in conjunction with all other projects developed on the affected stream reach since the effective date of the FIRM for said stream,

will not cumulatively increase flood waters of the stream by more than one foot in the project area. Such certification shall be provided to the floodplain administrator.

B.

Substantial improvements to existing structures, subject to compliance with development standards in the flood hazard overlay (FHO) zoning district (Section 17.29B.130).

C.

Development of structures within the flood hazard (FH) zoning district may be permitted upon first securing floodplain development permit, provided that there are no building sites lying outside of the FH zoning district. If approved, development shall comply with development standards in Section 17.29B.130.

(Ord. No. 315-776A, § 1, 10-20-09)

17.29B.080 - Uses permitted subject to first securing a use permit.

The following uses may be permitted subject to first securing a planning commission issued use permit, and, where applicable, complying with regulatory floodway provisions of Section 17.29B.090, below.

A.

Mining activities, provided all of the requirements of Surface Mining and Reclamation Act (SMARA) are met. Structures, equipment and material stockpiles shall not be in the floodplain between November 1 and April 30 of any year.

B.

As part of a resort development or special occupancy park, seasonal uses, such as RV or tent camping may be permitted, provided they meet the standards for recreational vehicles in Section 17.29B.130(G). A floodplain development permit shall also be required, and shall be conditioned to require removal of all facilities (including, but not limited to, picnic tables, trash containers, portable toilets) from areas subject to flooding, during the period between November 1 and April 30. Permanently placed facilities, such as propane tanks or sewage disposal systems shall not be permitted.

(Ord. No. 315-776A, § 1, 10-20-09)

17.29B.090 - Uses permitted in regulatory floodways.

A "regulatory floodway," lying within an area of special flood hazard as shown on a FIRM map, is an extremely hazardous area due to the velocity of floodwaters, which carry debris, potential projectiles, and erosion potential. The following provisions apply to regulatory floodways:

A.

Encroachments, including fill, new construction, substantial improvement, and other new development are prohibited within floodways unless certification by a registered professional engineer is provided demonstrating that encroachments shall not result in any increase in [the base] flood elevation during the occurrence of the base flood discharge.

B.

If subsection A is satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of Section 17.29B.130.

C.

If subsection A cannot be satisfied, and the floodplain administrator determines that no practicable alternative exists to revising the boundaries of the previously adopted floodway, then the floodplain administrator may request an amendment to the floodway map, in compliance with 44 CFR Section 65.7, "Floodway Revisions."

(Ord. No. 315-776A, § 1, 10-20-09)

17.29B.100 - Development standards for lands lying within the flood azard zoning district.

Development standards for the allowable uses listed above for lands lying within the flood hazard (FH) zoning district are the same as development standards for lands lying within the flood hazard overlay (FHO) zoning district (Section 17.29B.130).

(Ord. No. 315-776A, § 1, 10-20-09)

ARTICLE III. - FLOOD HAZARD OVERLAY (FHO) ZONING DISTRICT

17.29B.110 - Applicability of the flood hazard overlay (FHO) zoning district.

The following areas shall be zoned flood hazard overlay (FHO) zoning district:

All of those lands as designated on the Federal Emergency Management Agency's (FEMA) flood insurance rate (FIRM) maps as zone AO or AH (areas of shallow flooding), or lands designated as zone A which are not included in a flood hazard (FH) zoning district.

(Ord. No. 315-776A, § 1, 10-20-09)

17.29B.120 - Permitted uses.

All uses permitted in the underlying zone shall be permitted in the flood hazard overlay (FHO) zoning district provided, however, that a floodplain development permit shall be obtained prior to commencement of construction and issuance of any other county entitlement.

(Ord. No. 315-776A, § 1, 10-20-09)

17.29B.130 - Development standards for lands lying within the flood hazard overlay (FHO) zoning district.

The following standards shall be applied to any development proposed within a flood hazard overlay zoning district or within a special flood hazard area within which development is permitted by this chapter.

A.

Anchoring.

1.

All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, and certified per subsection (A)(3).

2.

All manufactured homes shall meet the anchoring standards of subsection (F)(2).

3.

All standards in subsection (A)(1) and (A)(2) shall be certified by a registered professional architect or engineer.

B.

Construction Materials and Methods.

1.

All new construction and substantial improvements shall be constructed with flood resistant materials as specified in FEMA Technical Bulletin TB 2-93, and utility equipment resistant to flood damage.

2.

All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

3.

All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

4.

All new construction and substantial improvements within zones AH or AO shall be constructed so that there are adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.

C.

Elevation and Floodproofing.

1.

New construction and substantial improvement of residential structures shall have the lowest floor, including basement,

a.

In A, AE, AH, and A1-30, elevated not less than two feet above the base flood elevation. Nonresidential structures may meet the standards in subsection (C)(2).

b.

In an AO zone, elevated above the highest adjacent grade to a height equal to or exceeding two feet above the depth number specified in feet on the FIRM, or elevated at least four feet above the highest adjacent grade if no depth number is specified.

Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered civil engineer or licensed land surveyor, and verified by the county building inspector, to be properly elevated. Such certification, or verification, shall be provided to the floodplain administrator.

2.

Nonresidential construction shall be elevated in conformance with subsection (C)(1), or together with attendant utility and sanitary facilities:

a.

Be flood proofed so that below the elevation recommended under subsection (C)(1), the structure is watertight with walls substantially impermeable to the passage of water;

b.

Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

c.

Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certification shall be provided to the floodplain administrator.

3.

All new construction and substantial improvements of structures with fully enclosed areas below the lowest floor (excluding basements) that are used solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement shall follow the guidelines in FEMA Technical Bulletin TB 1-93 and TB 7-93 and must meet the following minimum criteria:

a.

Have a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings, or devices, provided that they permit the automatic entry and exit of floodwaters. Buildings with more than one enclosed area must have openings on exterior walls for each area to allow flood water to directly enter; and

b.

Be certified by a registered civil engineer or architect.

4.

Manufactured homes shall also meet the standards in subsection F.

5.

This subsection applies to buildings with crawl spaces up to two feet below grade. Below-grade crawl space construction in accordance with the requirements listed below will not be considered basements.

a.

The building must be designed and adequately anchored to resist flotation, collapse and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Crawl space construction is not allowed in areas with flood velocities greater than five feet per second unless the design is reviewed by a qualified design professional, such as a registered architect or professional engineer;

b.

The crawl space is an enclosed area below the BFE and, as such, must have openings that equalize hydrostatic pressures by allowing for the automatic entry and exist of floodwaters. For guidance on flood openings, see FEMA Technical Bulletin 1-93;

c.

Portions of the building below the BFE must be constructed with materials resistant to flood damage. This includes not only the foundation walls of the crawl space used to elevate the building but also any joists, insulation, or other materials that extend below the BFE;

d.

Any building utility systems with the crawl space must be elevated above the BFE or designed so that floodwaters cannot enter or accumulate within the system components during flood conditions; and

e.

Requirements for all below-grade crawl space construction, in addition to the above requirements, to include the following:

i.

The interior grade of a crawl space below the BFE must not be more than two feet below the lowest adjacent exterior grade (LAG), shown as D in figure 3 of Technical Bulletin 11-01;

ii.

The height of the below-grade crawl space, measured from the interior grade of the crawl space to the top of the crawl space foundation wall must not exceed four feet (shown as L in figure 3 of Technical Bulletin 11-01) at any point;

iii.

There must be an adequate drainage system that removes floodwaters from the interior area of the crawl space within a reasonable period of time after a flood event, not to exceed seventy-two hours; and

vi.

The velocity of floodwaters at the site should not exceed five feet per second for any crawl space. For velocities in excess of five feet per second, other foundation types should be used.

D.

Standards for Utilities.

1.

All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from systems into flood waters.

2.

On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

3.

All disposal fields for on-site waste disposal systems shall be located outside of the one hundred-year flood zone.

E.

Standards for Manufactured Homes. All new and replacement manufactured homes (including manufactured homes located in new and existing parks), substantial improvements and additions to manufactured homes shall:

1.

Be elevated on a permanent foundation system such that the lowest floor is not less than two feet above the base flood elevation;

Be securely anchored to a permanent foundation system designed to resist flotation, collapse or lateral movement, and installed in accordance to FEMA Publication 85 entitled "Manufactured Home Installation in Flood Hazard Areas"; and

3.

Upon completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, and verified by the county building inspector to be properly elevated. Such certification and verification shall be provided to the floodplain administrator.

F.

Standards for Recreational Vehicles. All recreational vehicles placed on sites within zones A1-30, AH, AE and A on the county's flood insurance rate map will either:

1.

Be on site for fewer than one hundred eighty consecutive days and be fully licensed and ready for highway use—a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or

2.

Meet the permit requirements of Article VI of this chapter and the elevation and anchoring requirements for manufactured homes in subsection F.

G.

Floodplain Encroachments. Since floodways are an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

1.

Areas without a Regulatory Floodway (Includes all flood zones): All fill and other encroachments shall be certified by a registered professional engineer or architect to not increase the base flood elevation more than twelve inches. Such certification shall be provided to the floodplain administrator.

2.

Areas with a Regulatory Floodway: Within an adopted regulatory floodway, the County of Trinity shall prohibit encroachments, including fill, new construction, substantial improvements, and other development, unless certification by a registered civil engineer is provided demonstrating that the proposed encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.

3.

If subsections (G)(1) and (2) are satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of this

section.

(Ord. No. 315-776A, § 1, 10-20-09)