Chapter 17 — 13A - AGRICULTURAL PRESERVE DISTRICT OR "AP" DISTRICT

Sections:

17.13A.010 - General description.

Agricultural preserve zoning districts are those areas of the county containing agricultural lands of at least one hundred acres which qualify for inclusion under the California Land Conservation Act (California Government Code, Section 51200 et seq.). Purpose of this zoning district is to preserve and insure the continuing utilization of lands for agricultural production purposes. To obtain the benefits of agricultural preserve zoning the property owner must enter into a contract with the county. Failure to abide by this contract will result in cancellation of the zoning and its benefits as well as severe tax penalties.

17.13A.020 - List of uses permitted in an agricultural preserve district.

A.

Agricultural packing plant.

B.

Animal husbandry.

C.

Apiary.

D.

Aviary.

E.

Dairy.

F.

Grazing.

G.

Forestry.

H.

Hog Ranch.

I.

Nursery.

J.

Orchard.

K.

Poultry farm.

L.

Row and field crops.

M.

Vineyard.

N.

Other uses found to be similar in nature as determined by the planning commission. 17.13A.030 - List of uses permitted on a parcel only after obtaining a use permit.

A.

Cattle feed yard.

B.

Farm labor quarters.

C.

Hydroelectric power generating facilities for commercial use.

D.

Kennel, breeding.

E.

Labor camp.

F.

Slaughterhouse.

G.

Tent Camp.

17.13A.040 - Accessory buildings and uses.

The following accessory uses are deemed to be compatible with agricultural uses provided they do not significantly detract from the use of the property for, or inhibit, agricultural uses:

A.

Accessory buildings and uses normally incidental to the uses permitted.

B.

Single-family dwelling.

C.

Temporary labor camps, less than one year in duration, accessory to harvesting or planting operations.

D.

Recreational use such as walking, hiking, picnicking, swimming, boating, fishing, or hunting.

(Ord. No. 315-806, § 1, 1-28-14)

17.13A.050 - Minimum parcel area.

The minimum acreage to be considered for an agricultural preserve district shall be one hundred contiguous acres. Parcels within an agricultural preserve shall not be less than forty acres, or a quarterquarter section.

17.13A.060 - Building height.

The maximum building height shall be forty feet.

17.13A.070 - Front yard setback.

The front yard setback shall have a minimum depth of twenty feet.

17.13A.080 - Side yard setback.

Each side yard shall have a minimum setback of twenty feet.

17.13A.090 - Rear yard setback.

The rear yard setback shall be a minimum of twenty feet.

17.13A.100 - Contract eligibility.

Land zoned as agricultural preserve may qualify for property tax benefits conferred through a "land conservation contract" as provided by this section and the California Land Conservation Act.

17.13A.110 - Criteria for inclusion.

The following criteria must be met before land is included in a "land conservation contract." Each parcel proposed for inclusion in a contract shall meet these criteria individually rather than collectively (i.e., merger

of parcels may be required prior to inclusion):

A.

There shall be a capital outlay for agricultural capital improvements affixed to the land in the minimum total sum of twenty thousand dollars, excluding applicant's residence and original cost of land. The value of such capital improvements shall be made on the basis of replacement cost. Not more than twenty-five percent of such capital outlay may consist of breeding stock.

B.

Each parcel shall lie within an agricultural preserve. Parcels considered for contract shall not be less than forty acres, or a quarter-quarter section.

C.

The gross income derived from such agricultural land must be at least fifty percent of its estimated agricultural (production of food or fiber for commercial purposes) capabilities. Said estimated capabilities to be determined by the board of supervisors with assistance from appropriate advisory agencies. This clause refers to the qualifications of the applicant, and does not affect the findings of the county assessor.

D.

The applicant shall furnish supporting information concerning the land's agricultural capabilities and use, including gross annual income and expenses, inventory of livestock, capital improvements and such other information as the county may deem necessary in making its determination of eligibility and the payments the landowner should receive under the contract.

E.

Each application shall be signed by all owners and security holders of record.

F.

All contracts and each renewal thereof will be for a term of ten years. Each contract shall be automatically renewed annually on the renewal date, so long as notice of non-renewal has not been filed by either party.

G.

The initial date and the renewal date for all contracts shall be July 1.

H.

All applications for contract shall be submitted prior to October 1 of the year preceding the year in which the landowner desires to effectuate the contract. If the application is approved and the contract is signed prior to the lien date in any year, the contract shall be effective as of July 1 of that year. If approval is obtained upon or after the lien date, the contract shall be effective as of July of the succeeding year.

17.13A.120 - Notice of nonrenewal.

If either the landowner or the county desires in any year not to renew the contract, that party shall serve written notice of nonrenewal of the contract upon the other party in advance of the annual renewal date of the contract. Unless such written notice is served by the landowner at least ninety days prior to the renewal date or by the county at least sixty days prior to the renewal date, the contract shall be considered renewed for ten years.

17.13A.130 - Cancellation.

Failure to utilize land zoned agricultural preserve consistent with the intent of this title as determined by the county shall be grounds for cancellation of the contract. Cancellation of the contract by the property owner shall be in accordance with the following procedures:

A sum equal to the tax savings for each and every year the contract has been in effect, plus a compounded interest component to be determined by an announced rate which has the same yield rate for long term United States Government Bonds as published by the Federal Reserve Board for each year, rounded to the nearest one-quarter percent or an amount equal to seventy percent pursuant to Chapter 7, Article 5, Paragraphs 51283 and 51283.3 of the California Government Code, whichever is greater, shall be provided to the county prior to cancellation of the contract.

17.13A.140 - Recordation.

All contracts, cancellations of contracts, and notices of non-renewal of the contracts shall be recorded with the county recorder.

Chapter 17.14 - AGRICULTURE-FOREST DISTRICT OR "A-F" DISTRICT[[2]]

Sections:

Footnotes:

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Editor's note— Ord. No. 315-822, § 1, adopted June 20, 2017, repealed the former Chapter, §§ 17.14.010 —17.14.100, and enacted a new Chapter 17.14 as set out herein. The former Chapter 17.14 pertained to similar subject matter and derived from Ord. No. 315-806, adopted January 28, 2014.

The purpose of this district is to identify and set development standards for lands suitable for forestry management, but which are not zoned Timberland Production Zone. This district is consistent with the "resource" general plan land use designation.

(Ord. No. 315-822, § 1, 6-20-17)

17.14.020 - List of uses permitted in an agriculture-forest district.

A.

Agricultural uses on Site Class IV or V timberland (Dunnings scale), as determined by a registered professional forester. However, review by a RPF shall not be required for parcels forty acres or less in size.

B.

Christmas tree farm.

C.

Firewood storage, processing.

D.

Forestry.

E.

Grazing.

F.

Low-intensity recreational uses which involve only minimal improvements (e.g. non-motorized fishing or hunting club that does not provide food service and/or lodging facilities).

G.

Portable sawmill, chipper and similar equipment.

H.

Watershed management activities.

I.

Wildlife and fisheries habitat improvement.

J.

Other uses found to be similar in nature as determined by resolution adopted by the planning commission (ref. Section 17.30.010).

(Ord. No. 315-822, § 1, 6-20-17)

17.14.025 - Uses permitted subject to first securing a planning director issued use permit.

Uses considered under this subsection shall require a registered professional forester (RPF) to find that the use will not negatively detract from the ability to grow and harvest timber and timber products as part of the use permit application. The RPF shall provide all supporting documentation to the planning department. The RPF's report will be considered by the director when determining if the proposed use is compatible with timber growing and harvesting.

Guest house, if located in close proximity to the main dwelling to minimize conflicts with timber management activities on the remainder of the site.

Agricultural uses on Site Class I, II or III timberland (Dunning scale) as determined by a registered professional forester, when located in a manner to minimize conflicts with timber management activities on the remainder of the site and not interfere with future logging operations (e.g. location on an established log landing would be discouraged); provided, however, that determination by a RPF shall not be required for parcels forty acres or less in size.

Temporary labor camp(s), less than one year in duration, accessory to harvesting or planting operations.

(Ord. No. 315-822, § 1, 6-20-17)

17.14.030 - List of uses permitted subject to first obtaining a planning commission issued use permit.

Uses considered under this subsection shall require a registered professional forester (RPF) to find that the use will not negatively detract from the ability to grow and harvest timber and timber products as part of the use permit application. The RPF shall provide all supporting documentation to the planning department.

The RPF's report will be considered by the planning commission when determining if the proposed use is compatible with timber growing and harvesting. However, review by a RPF shall not be required for parcels forty acres or less in size.

A.

Bed and breakfast facility.

B.

Campground.

C.

Cell tower and accessory buildings/uses.

D.

Logging contractors yard when located in a manner to minimize conflicts with timber management activities on the remainder of the site.

E.

Mining.

F.

Nursery for raising tree seedlings.

G.

Processing facility (e.g. sand and gravel screening).

H.

Recreational vehicle park.

I.

Sawmill.

J.

Resort.

K.

Trailer camp (permanent placement) for laborers.

L.

Winery when located in a manner to minimize conflicts with timber management activities on the remainder of the site.

M.

Other uses found to be similar in nature as determined by resolution adopted by the planning commission (ref. Section 17.30.010).

(Ord. No. 315-822, § 1, 6-20-17)

17.14.040 - Accessory buildings and uses.

The following accessory uses are deemed to be compatible with agriculture-forest related uses:

A.

Cold frame greenhouse(s) and/or hoop-house(s).

B.

One single-family dwelling per parcel and normal residential accessory uses (e.g. garage, shop).

C.

Recreational use such as walking, hiking, picnicking, swimming, boating, or fishing.

D.

Roads, landings, and log storage areas integral to the growing and harvesting of timber.

(Ord. No. 315-822, § 1, 6-20-17)

17.14.050 - Minimum parcel area for subdivision purposes.

The minimum acreage for subdivision purposes shall be ten acres for Site Class IV or V timberland; and forty acres for Site Class I, II or III timberland (Dunning scale).

(Ord. No. 315-822, § 1, 6-20-17)

The maximum building height shall be forty feet.

(Ord. No. 315-822, § 1, 6-20-17)

The front yard shall have a minimum depth of twenty feet; provided, however, that the setback shall be one hundred feet, if the yard abuts lands zoned timberland production zone.

(Ord. No. 315-822, § 1, 6-20-17)

Each side yard shall have a minimum depth of twenty feet; provided, however, that the setback shall be one hundred feet, if the yard abuts lands zoned timberland production zone.

(Ord. No. 315-822, § 1, 6-20-17)

The rear yard setback shall be a minimum of twenty feet; provided, however, that the setback shall be one hundred feet, if the yard abuts lands zoned timberland production zone.

(Ord. No. 315-822, § 1, 6-20-17)

The setback shall be either not less than two hundred feet from any water body, or comply with waterbody setbacks in the California Forest Practice Act.

(Ord. No. 315-822, § 1, 6-20-17)

A timberland conversion permit issued by CalFire may be required prior to establishing any use other than forestry.

(Ord. No. 315-822, § 1, 6-20-17)

Chapter 17.14A - TIMBERLAND PRODUCTION DISTRICT OR "TPZ" DISTRICT

Section:

17.14A.010 - General description.

The Timberland Production Zone or TPZ is intended to provide for timberland zoning and restrictions for a minimum of a ten-year period. Such zoning allows land to be valued for property taxation, in general, on the basis of its use for growing and harvesting timber and compatible uses.

17.14A.020 - Uses permitted.

The following uses are permitted or deemed compatible to the growing and harvesting of timber:

Growing and harvesting timber.

Watershed management.

Wildlife and fisheries habitat improvement.

Roads, landings, and log storage areas integral to the growing and harvesting of timber.

Portable sawmills, chippers, and similar equipment.

Grazing and other agricultural uses.

Recreation uses including walking, hiking, picnicking, swimming, boating, fishing, hunting and skiing.

17.14A.030 - Uses permitted subject to first securing a use permit.

Uses allowed under this section cannot be approved if such use will significantly detract from the use of the property for, or inhibit, growing and harvesting timber.

A single family dwelling and accessory structures.

Sawmill.

Lumber mill.

Plywood mill.

Trailer camp.

Public camp.

Public stable.

Labor camps accessory to timber harvesting or planting operations, which are less than one year in duration.

Mining operations whose purpose is to provide material for log hauling roads both on and off-site.

17.14A.040 - Minimum lot area for division of parcels zoned TPZ.

The minimum lot area for division of parcels zoned TPZ shall be as designated in the zoning district. In the event no minimum parcel size has been specified in the zoning district, minimum lot area shall be one

hundred sixty acres. The minimum acreage requirement may, at the discretion of the planning commission and board of supervisor's pursuant to section 31 of the zoning ordinance, be reduced when necessary to resolve adjacent land use conflicts through lot line adjustment.

17.14A.050 - General requirements.

A timber management plan shall be prepared for all parcels to be rezoned pursuant to Section 51113 of the Government Code. The rezone application shall meet the requirements of Section 51113 as it now reads or may hereafter be amended, and shall meet the following requirements:

1.

The minimum lot area for entry into TPZ for lots legally created prior to March 1, 1988 shall be no less than forty acres for Site I-III timberlands and 160 acres for Site IV and V lands. In the event a parcel consists of a mix of Site I-III and IV-V, the parcel shall be eligible if fifty percent of the area is Site III or better limberland, but at no time shall parcels, which contain less than forty acres of Site I-III timberland, be eligible. The minimum parcel size for entry into TPZ for parcels created after March 1, 1988 shall be no less than one hundred sixty acres, or a quarter of a section.

2.

A timber management plan for the property must be prepared, or the content approved, by a registered professional forester. Such plan shall provide for the eventual harvest of timber, as determined by the preparer of the plan; specific information that must be included in the plan is as follows:

a.

A map shall be prepared showing the legal description or the assessor's parcel number of the property desired to be zoned.

b.

Topographic map(s) (scale four inches — one mile) which includes:

i.

Existing and proposed roads (public and private)

ii.

Watercourses, lakes, ponds, domestic water systems, etc.

iii.

Site classification (minimum area breakout-ten acres). The State of California's Board of Equalization's Instructions For Timberland Site Grading adopted July 26, 1976 shall be utilized for site determinations.

iv.

Timber/vegetation classification and age distribution.

v.

Under stocked areas as defined in current forest practice rules.

vi.

Location of all existing and proposed permanent structures.

c.

Management and silviculture objectives.

i.

History of management and existing volume, acreage and age.

ii.

Future silviculture, inventory, stand improvement, harvesting operations planned (including cutting and thinning cycles, volumes and rotation ages), subdivisions and lot line adjustments.

d.

Stocking

i.

Average stocking within each sub-area

ii.

Under stocked areas may be included in the TPZ district under the provisions of Section 51113 of the Government Code. (See "3" below).

e.

Forest insects and disease protection practices.

3.

The parcel shall currently meet the timber stocking standards as set forth in Section 4561 by the Public Resources Code and the forest practice rules adopted by the State Board of Forestry for the district in which the parcel is located, or the owner must sign an agreement with the board of supervisors to meet such stocking standards and forest practice rules by the fifth anniversary of the signing of such agreement. Failure to meet such stocking standards and forest practice rules within this time period provides the board with a ground for rezoning of the parcel pursuant to Section 51121 of the Government Code.

17.14A.060 - Minimum lot width.

Each lot shall be not less than four hundred feet wide.

17.14A.070 - Yard setbacks.

All yard setbacks shall be a minimum of fifty feet, except that one hundred feet shall be maintained from other TPZ or federally managed lands.

17.14A.080 - Additional building setbacks.

Buildings shall not be located on landings, roads, or storage areas as shown on the Timber Management Plan, or Timber Harvest Plan. The placement of the proposed structure shall be reviewed related to compatibility with the growing and harvesting of timber by planning staff after consultation with the State Department of Forestry.

17.14A.090 - Applicable provisions of the government code.

Provisions of Article 1 "General Provisions" (Section 51100), Article 2 "Establishment of Timberland Production" (Section 51110-51119.5), Article 3 "Rezoning" (Sections 51120-51121), Article 4 "Immediate Rezoning" (Section 51130-51134) and a portion of Article 5 "Removal From Zone" (Sections 51140-51146) of the Government Code of the State of California as it now reads or may hereafter be amended shall apply.

Chapter 17.15 - RURAL RESIDENTIAL OR RR DISTRICT

Section:

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

17.15.010 - Uses permitted.

Single-family dwelling.

Agricultural uses except those requiring a use permit as set out in Section 17.15.020 of this section, provided that the number of animals per square feet of parcel area shall not exceed the following standards unless a use permit is first secured:

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 ratties 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.

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)

17.15.020 - Uses permitted subject to securing a use permit in each case.

A.

Frog farms, hog or turkey raising, poultry farms.

B.

Keeping of more than one pair of ratite and/or more than forty of their offspring.

C.

Cattle feed yards, animal sales yards, fertilizer plants or yards, dairies, agricultural processing plants.

D.

Rental, storage, or sale of irrigation equipment.

E.

Stands for sale of agricultural products grown on the premises.

F.

Campgrounds and resorts (see natural resource section of land use element).

G.

Airports, heliports, landing strips for aircraft.

H.

Art galleries, tract offices. Country clubs, golf courses, practice fairways, provided the use is established on a minimum of ten acres of land usable for said purpose.

I.

Public stables, animal hospitals, the keeping of dog or cats for commercial purposes.

J.

Public or quasi-public uses, including churches, fire-houses, parks, playgrounds, schools, public utility uses, and parking lots.

K.

Labor camps.

Accessory buildings and accessory uses including barns, stables and other farm buildings, quarters for farm labor and/or servants employed on the premises.

Signs not exceeding in the aggregate, ten square feet in area for each building site, may be displayed for the purpose of advertising the sale or lease of property upon which it is displayed.

Twenty thousand square feet except schools five acres, private stables one acre.

Minimum lot widths required: Corner lot and interior lot: One hundred feet except schools then two hundred feet.

17.15.060 - Maximum lot coverage by all structures.

Thirty-five percent.

17.15.070 - Maximum allowable height.

Forty feet.

17.15.080 - Minimum front yard required.

Twenty feet.

17.15.090 - Minimum side yard required.

Exterior or interior lot six feet.

Twenty feet provided that a minimum of ten feet may be permitted if one thousand five hundred square feet is maintained to the rear of the longest wall of the main building.

Two acres (for one acre minimum), five acres (for two-and-one-half acre minimum), ten acres (for five acre minimum, twenty acres (for ten acre minimum) or 40 acres (for twenty acre minimum).

A.

For parking requirements, see Section 17.30.090.

B.

Larger building site may be required.

C.

Optional design and development may be permitted if approved under the subdivision ordinance.

D.

Yards are minimum requirements unless building lines are established or unless standard street does not exist, see Section 17.30.060.

E.

One acre minimum area for private stables provided; further provides that no such stables shall be located within fifty feet of any property line.

F.

Feed and water troughs and buildings used for the housing or maintenance of domestic livestock shall be located at least fifty feet from all lot lines, and at least twenty feet from dwellings, whether on the same or adjacent properties, provided that such troughs and buildings for the housing or maintenance of chickens, ducks, geese, pigeons, pheasants, peafowl, guinea fowl, rabbits, mink, chinchilla, and similar animals need be only at least ten feet from side or rear lot lines.

Chapter 17.16 - SINGLE-FAMILY DISTRICT OR R-1

Sections:

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

Single-family dwelling.

(Ord. No. 315-806, § 1, 1-28-14)

17.16.020 - Uses permitted subject to obtaining a use permit in each case.

One non-commercial guest house.

Tract offices, art galleries, country clubs, golf courses.

Public and quasi-public uses, including churches, fire houses, hospitals, parks and playgrounds, schools (public and parochial), or schools accredited to state school system, and public utility buildings and uses.

Airports, heliports, and landing strips for aircraft.

Signs, not over one hundred square feet in the aggregate for advertising the sale of a subdivision. Limit of one sign in each case.

Condominiums, cooperatives and similar development.

Only as constructed simultaneously with or subsequent to the main building on the same lot. Accessory uses normally incidental to one family dwellings.

Signs in the aggregate, ten square feet in area for each building site, may be displayed for the purpose of advertising the sale or lease of the property upon which it is displayed.

17.16.050 - For subdivision purposes, the minimum parcel size required—Corner lot.

Corner lot: Seven thousand square feet.

17.16.060 - For subdivision purposes, the minimum parcel size required—Interior lot.

Interior lot: Six thousand square feet; on interior or corner lot churches: Twenty thousand square feet; schools: Five acres.

Corner or interior lot: Sixty feet except churches one hundred feet, schools two hundred feet. All other uses sixty feet.

17.16.080 - Maximum allowable lot coverage by all structures.

Thirty-five percent.

17.16.090 - Maximum allowable height.

Forty feet.

17.16.100 - Minimum front yard required.

Twenty feet.

Interior lot line: Five feet; exterior lot line: Ten feet. Churches and schools ten feet exterior or interior lot line.

17.16.120 - Minimum rear yard required.

Twenty feet, provided that ten feet may be permitted if a minimum of one thousand five hundred square feet is maintained to the rear of the longest wall of the main building.

17.16.130 - General requirements.

A.

For parking requirements, see Section 17.30.090.

B.

Larger building site may be required, see Section 17.30.080.

C.

Architectural features, see Section 17.30.060.

D.

Height limit accessory buildings twenty-five feet.

E.

For guest house regulations, see Section 17.30.040(C).

F.

Fences and walls permitted but not required. Such fences and walls shall not exceed six feet in height. In any required front yard on reversed frontage, the same shall not exceed three feet.

G.

Optional design and development may be permitted if approved under subdivision ordinance.

H.

Yards are minimum required unless building lines are established or unless standard street does not exist, see Section 17.30.060.

Chapter 17.17 - DUPLEX RESIDENTIAL DISTRICT OR R-2 DISTRICT

Sections:

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

Two single-family structures, duplexes.

(Ord. No. 315-847, § 1, 11-3-20)

17.17.020 - Uses permitted subject to first securing a use permit in each case.

A.

Single-family dwelling, hospitals, rest homes, sanitariums and clinics and triplex (single structure).

B.

Art galleries, tract offices, country clubs, golf courses.

C.

Public and quasi-public uses, including churches, fire houses, parks, and playgrounds.

D.

Schools (public and parochial) or schools accredited to state school system, and public utility buildings and uses.

E.

Public stables.

F.

Landing strips for aircraft.

G.

Off street parking when appurtenant to any permitted use in the district, or when adjacent to any "C", "M" or HC district.

H.

Signs not over one hundred square feet in aggregate, advertising the sale of a subdivision: Limit one sign in each case.

(Ord. No. 315-806, § 1, 1-28-14; Ord. No. 315-847, § 1, 11-3-20)

17.17.030 - Accessory buildings.

Accessory buildings, only if constructed simultaneously with or subsequent to the main building on the same lot.

Accessory uses normally incidental to uses allowed in this district. This is not to be construed as permitting any commercial use.

Signs not exceeding in the aggregate six square feet in area for each building site may be displayed for the purpose of advertising the sale or lease of property upon which displayed.

17.17.050 - For subdivision purposes, the minimum parcel size required.

Corner lot: Seven thousand square feet; interior lot: Six thousand square feet, except schools five acres, churches twenty thousand square feet.

Corner lot: Sixty feet; interior lot: Sixty feet, except schools: Two hundred feet, churches: One hundred feet.

17.17.070 - Maximum allowable lot coverage by all structures.

Forty percent.

17.17.080 - Maximum allowable height.

Forty feet.

17.17.090 - Minimum front yard required.

Twenty feet.

17.17.100 - Minimum side yard required.

Interior lot line: Six feet; exterior lot line: Ten feet.

17.17.110 - Minimum rear yard required.

Corner and interior lot: Twenty feet provided that ten feet may be permitted if a minimum of five hundred square feet of open area per unit is maintained to the side or the rear of the main building or buildings.

17.17.120 - Minimum lot area per family unit.

Three thousand square feet.

17.17.130 - General requirements.

A.

For parking requirements, see Section 17.30.090.

B.

Larger building site may be required.

C.

Architectural features, see Section 17.30.060.

D.

Height limit accessory buildings twenty-five feet.

E.

For guest house regulations, see Section 17.30.040(C).

F.

Fences and walls permitted but not required. Such fences and walls shall not exceed six feet in height. In any required front yard on reversed frontage, the same shall not exceed three feet.

G.

Optional design and development may be permitted if approved under subdivision ordinance.

H.

Yards are minimum required unless building lines are established or unless standard street does not exist, see Section 17.30.060.

Chapter 17.18 - MULTIPLE FAMILY DISTRICT OR "R-3" DISTRICT

Sections:

17.18.010 - General description.

The purpose of this zoning district is to provide for multiple family sites in areas which have services and facilities available to serve such uses.

17.18.020 - Uses permitted.

Duplexes, triplexes, apartments, condominiums.

(Ord. No. 315-806, § 1, 1-28-14)

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

A.

Single-family dwelling.

B.

Rooming and boarding houses.

C.

Mobile home courts.

D.

Churches.

E.

Day care center for more than twelve children.

F.

Schools.

G.

Professional offices.

(Ord. No. 315-806, § 1, 1-28-14)

The minimum lot area shall be no less than sixteen thousand square feet.

17.18.050 - Minimum lot width.

Each lot shall be no less than seventy-five feet wide.

The maximum building height shall be twenty-five feet, or forty-five feet if the parcel is located within the Weaverville Fire Protection District.

(Ord. No. 315-855, § I, II, 3-5-24)

17.18.070 - Front yard setback.

The front yard setback shall have a minimum depth of twenty feet.

The interior side yard setback shall be a minimum of ten feet. Exterior side yard setback is fifteen feet.

The rear yard setback shall be a minimum of fifteen feet.

The total lot area covered by structures shall not exceed forty percent of the total area of the lot.

A drainage plan shall be submitted to the department of transportation for review and approval prior to issuance of building permits.

Encroachment permits shall be obtained from the department of transportation prior to the issuance of a building permit(s) when the project(s) create a new entrance onto a public road.

The minimum lot area per dwelling unit shall be two thousand square feet.

Lots proposed to be developed with more than one residentially utilized structure shall have a minimum setback of twenty feet between on-site buildings and where a door opening faces a side yard property line a minimum of ten feet setback shall be required.

Two parking spaces required per unit.

Chapter 17.18A - RESIDENTIAL-OFFICE OR "R-O" DISTRICT

Sections:

17.18A.010 - General description.

The purpose of this zoning district is to provide locations where office and residential land uses can be sited on a given lot or independent of each other. This district is primarily intended for existing mix use areas as an alternative to commercial zoning.

17.18A.020 - Uses permitted without a use permit.

Single-family dwelling day care center for less than twelve children.

(Ord. No. 315-806, § 1, 1-28-14)

17.18A.030 - Uses permitted subject to first securing a use permit.

A.

Professional offices.

B.

Improved parking lot.

C.

Day care center for more than twelve children.

D.

Other uses found to be similar in nature as determined by the planning commission.

17.18A.040 - Uses legally established prior to application of this district.

Existing uses lawfully established prior to being zoned R-O shall be considered as having an existing use permit and in compliance with these standards.

17.18A.050 - Accessory buildings.

Only when constructed simultaneously with or subsequent to the main building on the same lot. Accessory uses normally incidental to one family dwellings except as may be authorized in a use permit.

17.18A.060 - Appurtenant signs.

In the aggregate, ten square feet in area for each building.

17.18A.070 - For subdivision purposes, the minimum parcel size required.

The minimum lot area shall be no less than seven thousand square feet.

17.18A.080 - Minimum lot width.

Each lot shall be no less than sixty feet wide.

17.18A.090 - Building height.

The maximum building height shall be twenty-five feet.

17.18A.100 - Front yard setback.

The front yard setback shall have a minimum depth of twenty feet.

17.18A.110 - Interior side yard setback.

The interior side yard setback shall be a minimum of five feet.

17.18A.120 - Exterior side yard setback.

The exterior side yard setback shall be a minimum of ten feet.

17.18A.130 - Rear yard setback.

The rear yard setback shall be a minimum of twenty feet.

17.18A.140 - Maximum lot coverage.

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

17.18A.150 - General requirements.

A.

For parking requirements, see Section 17.30.090.

B.

Height Limit. Accessory buildings: Twenty-five feet.

C.

Fences and walls permitted but not required. Such fences and walls shall not exceed six feet in height. However, within front and exterior yard setback areas such fences or walls shall be limited to a maximum height of three feet.

Chapter 17.20 - RETAIL COMMERCIAL OR "C-1" DISTRICT

Sections:

The purpose of this zoning district is to provide appropriate locations for the distribution and sale or rental, of goods or services of primarily a retail nature. Retail commercial areas are generally found within larger communities on major roads or interspersed with residential areas. Activities located in this district are generally compatible with nearby residential uses.

The following list is representative of retail commercial uses which are permitted on a parcel in a retail commercial zoning district:

A.

General office;

B.

Retail sales and services conducted within a building;

C.

Day care center for less than twelve children;

D.

Rest home;

E.

Restaurant without drive-thru service;

F.

Financial institution without drive-thru service;

G.

Bed and breakfast inn;

H.

Other uses found to be similar in nature as determined by the planning commission.

17.20.025 - Uses permitted subject to first securing a planning directors use permit.

A single-family dwelling provided said use is located on the second story or above or in the rear one-half of any commercial structure and accounts for no more than twenty-five percent of the gross square footage of said structure.

(Ord. No. 315-806, § 1, 1-28-14)

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

A.

Church.

B.

Laundromat.

C.

Auto service station (see special regulations in Chapter 17.30).

D.

Car wash.

E.

Mini storage.

F.

Parking lot.

G.

Equipment rental yard.

H.

Bar.

I.

Second hand sales store.

J.

Private club.

K.

Day care center for more than twelve children.

L.

Private school.

M.

Residential caretaker unit (see special regulations in Section 17.30.120.

N.

Restaurants with a drive-thru.

The minimum lot area shall be no less than ten thousand square feet.

Each lot shall be not less than seventy-five feet wide.

The maximum building height shall be twenty-five feet.

The front setback shall have a minimum depth of ten feet.

The interior side yard setback shall be a minimum of ten feet, unless the side yard setback abuts a commercial or industrial zoned parcel in which case there are no setback requirements.

The exterior side yard setback shall be a minimum of ten feet.

The rear yard setback shall be a minimum of six feet unless the rear yard abuts a commercial or industrial zoned parcel in which case there are no setback requirements.

The total lot area covered by structures shall not exceed forty percent of the total area of the lot.

A drainage plan shall be submitted to the department of transportation for review and approval prior to issuance of building permit(s).

Encroachment permits shall be obtained from the department of transportation prior to the issuance of building permits when projects create a new entrance onto a public road.

Chapter 17.21 - GENERAL COMMERCIAL OR "C-2" DISTRICTS

Sections:

The purpose of this district is to provide appropriate locations for intensive commercial activities. General commercial districts are generally centralized within the community and located on major or arterial streets.

The following list is representative of general commercial uses which are permitted on a parcel in a general commercial zoning district:

A.

Adult day support centers licensed by the state;

B.

General office;

C.

Retail sales and services conducted within a building;

D.

Restaurant without drive-thru service;

E.

Bed and breakfast inn;

F.

Bar;

G.

Laundromat when hooked up to a community sewer system;

H.

Rest home;

I.

Auto service station (see special regulations in Chapter 17.30);

J.

Auto repair shop;

K.

Car wash;

L.

Parking lot;

M.

Second hand sales store;

N.

Undertaking establishment;

O.

Theater;

P.

Mini storage when all storage is within a building;

Q.

Recycling when completely enclosed in a building;

R.

Hotel/motel of ten units or less, hooked up to a community sewer system;

S.

Other uses found to be similar as determined by the planning commission.

17.21.025 - Uses permitted subject to first securing a planning directors use permit.

A single-family dwelling provided said use is located on the second story or above or in the rear one-half of any commercial structure and accounts for no more than twenty-five percent of the gross square footage of said structure.

(Ord. No. 315-806, § 1, 1-28-14)

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

A.

Church.

B.

Laundromat when located in a non-sewered area.

C.

Storage warehouse.

D.

Equipment rental yard.

E.

Restaurant with drive-thru service.

F.

Financial institution with drive-thru service.

G.

Auto sales.

H.

Contractors yard.

I.

Private club.

J.

Outdoor storage or sales associated with any of the uses listed in Section 17.21.020.

K.

Recycling with outdoor storage.

L.

Hotel/motel over ten units or hotel/motel not hooked up to a community sewer system.

M.

Lumber yard.

N.

Wholesale distributor.

O.

Welding or machine shop.

P.

Card room.

Q.

Residential caretaker unit (see special regulations in Section 17.30.120.

The minimum lot area shall be no less than ten thousand square feet.

Each lot shall be not less than seventy-five feet wide.

The maximum building height shall be twenty-five feet.

The front yard setback shall have a minimum depth of ten feet unless the two nearest general commercial zoned lots on the same street and block have less than a ten-foot average setback. In this case the setback shall be the average of the setback of these two nearest structures.

The interior side yard setback shall be a minimum of five feet, unless the side yard abuts a commercial or industrial zoned parcel in which case there are no setback requirements.

The exterior side yard setback shall be a minimum of ten feet.

The rear yard setback shall be a minimum of five feet unless the rear yard abuts a commercial or industrial zoned parcel in which case there are no setback requirements.

A drainage plan shall be submitted to the department of transportation for review and approval prior to issuance of building permit(s).

Encroachment permits shall be obtained from the department of transportation prior to the issuance of building permits when projects create a new entrance onto a public road.

Chapter 17.22 - HIGHWAY COMMERCIAL OR "HC" DISTRICT

Sections:

The purpose of this zoning district is to provide appropriate sites for the needs of recreation and business travelers. This district is intended to be applied to sites fronting on state highways or along arterial roads that provide access to major recreation destinations. Highway commercial areas should be designed so that all or most of the needs of the traveling public can be accommodated at one stop. This zoning district is not intended to be applied to strip commercial development along highways or arterials.

The following list is representative of highway commercial uses which are permitted on a parcel in the highway commercial zoning district:

A.

Convenience food store with or without petroleum sales.

B.

Restaurant without drive-thru service.

C.

Auto service station (see special regulations in Chapter 17.30).

D.

Hotel/motel ten units or less hooked up to a community sewer system.

E.

General office, retail stores and services when in addition to other highway commercial uses.

F.

Recycling center when conducted entirely indoors.

G.

Church.

H.

Other uses found to be similar in nature as determined by the planning commission.

17.22.025 - Uses permitted subject to first securing a planning directors use permit.

A single-family dwelling provided said use is located on the second story or above or in the rear one-half of any commercial structure and accounts for no more than twenty-five percent of the gross square footage of said structure.

(Ord. No. 315-806, § 1, 1-28-14)

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

A.

Recycling center when outdoor area is utilized.

B.

Campground.

C.

Commercial amusement enterprise.

D.

Hotel/motel over ten units or not hooked up to community sewer system.

E.

Recreation vehicle park.

F.

Restaurant with drive-thru service.

G.

Resort.

H.

Truck service station.

I.

Auto repair shop.

J.

Bus passenger station.

K.

Laundromat.

L.

Outdoor storage or sales associated with any of the uses listed in Section 17.22.020.

M.

Car wash.

N.

Auto sales.

O.

Highway commercial complex containing more than ten thousand square feet of gross building area or occupying more than two acres.

P.

Mini storage.

Q.

Residential caretaker unit (see special regulations in Section 17.30.120.

17.22.040 - For subdivision purposes, the minimum parcel size required.

The minimum lot area shall be no less than ten thousand square feet.

17.22.050 - Minimum lot width.

Each lot shall be not less than one hundred feet wide.

The maximum building height shall be thirty-five feet.

The front yard setback shall have a minimum depth of ten feet.

The interior side yard setback shall be a minimum of six feet unless the side yard abuts a commercial or industrial zoned parcel in which case there are no setback requirements.

The exterior side yard setback shall be a minimum of ten feet.

The rear yard setback shall be a minimum of six feet unless the rear yard abuts a commercially or industrial zoned parcel in which case there are no setback requirements.

The total lot area covered by structure shall not exceed forty percent of the total area of the lot.

A drainage plan shall be submitted to the department of transportation for review and approval prior to issuance of building permit(s).

Encroachment permits shall be obtained from the department of transportation prior to the issuance of building permits when projects create a new entrance onto a public road.

Chapter 17.22A - HEAVY COMMERCIAL OR C-3 DISTRICT

Sections:

17.22A.010 - General description.

The purpose of this zoning district is to provide appropriate sites for uses which do not generally need highly visible locations and for sites for more intensive commercial uses as well.

17.22A.020 - Uses permitted without a use permit.

The following list is representative of heavy commercial uses which are permitted on a parcel in the heavy commercial zoning district when conducted within a building:

A.

Warehouse;

B.

Mini storage;

C.

Cabinet shop;

D.

Commercial services;

E.

Metal fabrication;

F.

Welding shop;

G.

Wholesale sales and storage;

H.

Auto repair shop.

17.22A.025 - Uses permitted subject to first securing a planning directors use permit.

A single-family dwelling provided said use is located on the second story or above or in the rear one-half of any commercial structure and accounts for no more than twenty-five percent of the gross square footage of said structure.

(Ord. No. 315-806, § 1, 1-28-14)

17.22A.030 - Uses permitted subject to first securing a use permit.

A.

Heavy equipment repair shop.

B.

Bulk petroleum storage plant.

C.

Lumber yards.

D.

Construction storage yards.

E.

Truck repair shop.

F.

Other uses found to be similar in nature as determined by the planning commission.

G.

Residential caretaker unit (see special regulations in Section 17.30.120).

17.22A.040 - For subdivision purposes, the minimum parcel size required.

The minimum lot area shall be no less than one-half acre.

17.22A.050 - Minimum lot width.

Each lot shall be not less than one hundred feet wide.

17.22A.060 - Building height.

The maximum building height shall be twenty-five feet.

17.22A.070 - Front yard setback.

The front yard setback shall have a minimum depth of ten feet.

17.22A.080 - Interior side yard setback.

The interior side yard setback shall be a minimum of six feet unless the side yard abuts a commercial or industrial zoned parcel in which case there are no setback requirements.

17.22A.090 - Exterior side yard setback.

The exterior side yard setback shall be a minimum of ten feet.

17.22A.100 - Rear yard setback.

The rear yard setback shall be a minimum of six feet unless the rear yard abuts a commercially or industrial zoned parcel in which case there are no setback requirements.

17.22A.110 - Maximum lot coverage.

The total lot area covered by structure shall not exceed forty percent of the total area of the lot.

17.22A.120 - Drainage.

A drainage plan shall be submitted to the department of transportation for review and approval prior to issuance of building permit(s).

17.22A.130 - Encroachment permit.

Encroachment permits shall be obtained from the department of transportation prior to the issuance of building permits when projects create a new entrance onto a public road.

Chapter 17.23 - INDUSTRIAL DISTRICTS OR "I" DISTRICTS

Sections:

The purpose of this zoning district is to provide locations for manufacturing and industrial uses in a manner which is compatible with neighboring uses and which protects the environment of the county.

Subject to the provisions of Sections 17.23.160 and Chapter 17.30, none but the following uses, or uses which in the opinion of the planning commission are similar will be allowed (see Section 17.30.010).

Uses permitted without a use permit except when these uses listed in this chapter exceed the following thresholds, a use permit shall be required.

A.

If a use involves water quantity uses over three gallons/minutes in a critical water resources overlay area.

B.

Through new source review, requires an authority to construct permit from the North Coast Unified Air Quality Management Board.

C.

Exceeds sixty-five dBA at the property line of a use.

D.

Requires a regional water quality control board discharge permit.

E.

Any use which generates air emissions, liquid, solid or hazardous wastes, noise, offensive odors, smoke, dust or glare in a manner which may be detrimental to the public health, safety or welfare shall require a

use permit.

1.

Welding shop;

2.

Plumbing shop;

3.

Wholesale sales and storage;

4.

Warehouse and mini storage;

5.

Cabinet shop;

6.

Auto repair shop;

7.

Agricultural uses, other than hog raising;

8.

Office uses less than five thousand square feet;

9.

Construction storage yards;

10.

Uses associated with publication operations, including:

a.

Printing;

b.

Lithography and bookbinding;

c.

Cartography;

d.

Editorial and designing operations;

e.

Bottling;

f.

Machine Shop;

g.

Public utility buildings and yards;

h.

Metal fabrication;

11.

Limited retail uses in conjunction with manufacturing or industrial uses, when no more than twenty-five percent of the building's gross square footage is utilized for such purposes;

12.

Heavy equipment and truck repair shop;

13.

Secondary wood processing facility.

17.23.030 - Uses permitted subject to securing a use permit in each case.

A.

Power generating plants (exception: Hydroelectric plants).

B.

Biomass plants.

C.

Cogeneration plants.

D.

Geothermal facilities.

E.

Coal refining and processing plants.

F.

Nuclear power plants (fusion and fission processes).

G.

Lumber mill.

H.

Hazardous waste treatment facilities.

I.

Hazardous waste haulers.

J.

Septage hauler/disposal.

K.

Office use over ten thousand square feet.

L.

Commercial excavation of stone or earth materials.

M.

Mining operation.

N.

Batch plants.

O.

Concrete plants.

P.

Rock crushers.

Q.

Drilling for and/or removal of oil or gas.

R.

Manufacture and storage of explosives.

S.

Distillation of bones, fat rendering, food processing, fish canning and other uses of the same character.

T.

Dumping, disposal, reduction of garbage, sewage, offal, dead animals or refuse.

U.

Hog raising.

V.

Junk yards, wrecking yards, salvage yards.

W.

Manufacture of acids, cement, fertilizer, gas, glue, gypsum, inflammable fluids or gases, refining of petroleum and its products, smelting of copper, iron, tin, zinc, and other ores, and other uses which do not meet the performances standards set out in this title.

X.

Bulk storage of oil and gasoline (including tank farms).

Y.

Other uses found to be similar in nature as determined by the planning commission.

Accessory buildings and uses normally incidental to the uses permitted, including residential caretaker unit (PW-01-06), associated with a use. "Watchman's Quarters" Resolution No. PC-2001-01.

Signs not exceeding fifteen square feet advertising sale or lease of property upon which sign is displayed may be permitted. Other onsite signs are as stated in the county sign ordinance.

One-half acre. (See land use elem. matrix.)

Sixty percent.

17.23.090 - Maximum allowable height.

Forty-five feet.

17.23.100 - Minimum front yard required.

Twenty-five feet.

17.23.110 - Minimum side yard required.

Ten feet.

17.23.120 - Minimum rear yard required.

Ten feet.

17.23.130 - General requirements.

A.

Parking requirements, see Section 17.30.090.

B.

Minimum setbacks for yards shall be maintained unless the criteria in Section 17.30.060 apply.

C.

Additional height may be approved upon obtaining a use permit if gross floor area ratio to building site does not exceed five to one.

D.

All uses shall conform to the performance standards set out in the industrial zone development standards.

A drainage plan shall be submitted to and approved by the department of transportation prior to the issuance of building or use permit(s).

Encroachment permits shall be obtained from the department of transportation prior to the issuance of building permits when projects create a new entrance onto a county road.

A.

General Requirements.

Use Restrictions.

a.

Removal of Structures. Residential uses are allowed with a use permit, provided they are located on the second story or rear one-half of any building used for industrial or commercial purposes.

b.

Access to Local Streets Prohibited. No vehicular access shall be permitted to a local street from an industrial through lot which also has frontage on a highway or collector county road.

2.

Building Development Standards.

a.

Exterior Walls. All building surfaces facing or abutting on residential property shall be constructed of material complementing the rural character of the community, and shall be maintained in a neat and presentable condition throughout the life of the building.

b.

Street Setbacks, Street Widening and Extensions. The front and side street setbacks shall be measured

from the right-of-way or easement line, or lot line, whichever is more restrictive. Additional setback area to accommodate a sixty-foot right-of-way (thirty feet each side of centerline) for road improvements shall be required unless it can be shown that all elements of the design cross section, drainage, utility accommodations and border areas can be contained in a lesser width, subject to the review an approval of the director of transportation.

B.

Property Development Standards.

1.

Landscaping.

a.

A landscaping plan shall be submitted to the director of planning for approval prior to issuance of a building permit.

b.

All required yards abutting upon public roads shall be landscaped with trees, shrubs, or planted ground cover. These plants shall be maintained in a neat and orderly manner at all times. All open and unlandscaped portions of any site shall be graded for proper drainage and maintained in a good condition free from weeds, trash and debris.

Fences and Walls.

a.

No fence or wall six feet or greater in height shall be constructed without first obtaining a building permit.

b.

No electrified fence shall be constructed.

c.

No fence or wall shall exceed eight feet in height.

3.

Walls Adjacent to Residential Use.

a.

Where the site abuts a residential district, school or park, a solid decorative rustic-looking wall not less than six feet in height shall be constructed and maintained along the property lines adjoining said residential district, school or park.

4.

Lighting.

a.

Any lighting provided shall be directed away from all surrounding land uses and public rights-of-way.

b.

Lighting shall be the minimum necessary to provide for involved, safety and adequate security for the use involved.

5.

Trash Enclosures.

a.

All trash, loading and storage areas shall be enclosed with materials architecturally compatible with the main building and located so as not to be visible from any public rights-of-way or neighboring areas.

b.

Trash bins shall remain in the enclosures except during trash pickup.

Loading Operations.

a.

Off Street Loading Space. Sufficient off street loading space shall be provided and maintained for the pickup and delivery of goods. Each off street loading space shall be so arranged that it will not impede traffic circulation within the parking area and will not block parking stalls.

b.

Loading operations shall not be permitted on any street or alley, which also serves a residential district.

c.

Loading facilities and gates shall be located in such a manner so as not to cause traffic congestion or to interrupt the normal flow of traffic on public rights-of-way. Adequate space shall be provided on-site for maneuvering and turn around of tracks and other loading vehicles.

d.

Loading facilities shall be located in such a manner that all loading operations take place completely within the property lines of the site.

Chapter 17.24 - SPECIFIC UNIT DEVELOPMENT (SUD) DISTRICT

Sections:

To provide for developments that, because of a mixture of building types, land uses, or lot sizes, do not fit within the parameters of standard zoning regulations. Specific Unit Developments are subject to a special set of site specific guidelines and schematic land use design which allow a mixture of uses that might otherwise create land use conflicts. Such developments often incorporate common areas or other amenities not normally found in standard developments.

In addition to those requirements specified in Chapter 17.30E (Application Processing Requirements) the following should be required prior to consideration by the planning commission:

A.

Schematic Plan. A schematic plan of the project site which indicates the approximate location of buildings, building elevation, roads, walkways, parking, landscaping, the proposed uses of the buildings and grounds, and phasing of development.

B.

Guidelines. A written set of guidelines, which address architectural design, signage, utility information and other such information as deemed necessary by the planning director.

Any use or combination of uses which are arranged and designed in such a manner as to result in development which is internally compatible and compatible with surrounding uses is permitted as long as a planning commission use permit is obtained.

The minimum acreage necessary to qualify for specific unit development designation is twenty acres. After such zoning is in effect, the minimum parcel size can vary, dependent upon the schematic plan and guidelines.

Chapter 17.25 - SCENIC CONSERVATION OVERLAY ZONE "SC"

Sections:

To identify the areas of unusual scenic qualities which are unique to Trinity County and to provide the necessary degree of control on the placement of structures, development of roads, and vegetative management within those areas.

A.

The "SC" appearing after a zone abbreviation on the sectional district maps indicates that the property so classified is subject to the provisions of this section in addition to those of the underlying zone.

B.

Application of the "SC" overlay zone shall be based upon, but not limited to, the following:

1.

The areas lying within the one hundred-year flood plain of the streams and reservoirs designated as public waterways in the county subdivision ordinance.

2.

The areas lying adjacent to and within fifty feet' of public roads and highways designated as scenic highways by the board of supervisors.

3.

Other such streams designated in the general plan as scenic waterways.

All uses permitted in the underlying zone shall be permitted within the "SC" overlay zone; provided, however, a planning director use permit shall be required for those activities or developments indicated in Section 17.25.040, and within only that portion of the parcel with the overlay "SC" zone.

The scope of the planning director's review on use permits required by this section shall be limited to:

A.

The location of buildings;

B.

The development of private and public roads or driveways;

C.

Decks, boat landings, wells, or similar improvements accessory to the structures;

D.

The removal of vegetation provided that removal of bushes and trees under twenty feet tall is permitted without the benefit of a use permit if such vegetative management does not involve the use of machinery (except for chain saws and other similar hand tools).

A planning director's use permit will not be required where such a review was provided as part of a Timber Harvest Plan or environmental document prepared pursuant to the California Environmental Quality Act or National Environmental Protection Act.

Chapter 17.25A - OPEN SPACE DISTRICT OR "OS" DISTRICT

Sections:

17.25A.010 - General description.

The open space zoning district is intended to protect significant or critical wildlife habitat areas or areas which should not be developed due to public health and safety reasons.

17.25A.020 - Uses permitted not requiring a use permit.

The following list is representative of open space uses, which are permitted on a parcel in the open space zoning district:

A.

Management of land and forest for the production and harvest of trees (including tree farming).

B.

Habitat enhancement or improvement projects as approved by the Department of Fish and Game or other state or federal agency.

C.

Pasture or grazing lands.

D.

Other uses found to be similar in nature as determined by the planning commission.

17.25A.030 - Uses requiring a use permit.

A.

Low intensity recreation uses, which require only minor improvements.

B.

Mining activities.

C.

Developing of public or private roads.

Chapter 17.26 - RECREATION DEVELOPMENT DISTRICTS OR R-D-1 DISTRICT

Sections:

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

The purpose of the following regulations is to establish development standards and to allow uses in the Trinity Unit of the Whiskeytown-Shasta-Trinity National Recreation Area which will: (1) be compatible with public and private recreation and enjoyment and the conservation of natural resources and scientific, historic, scenic and other values; (2) provide immunity from acquisition by the Department of Agriculture of all "improved property" as defined by Title 36, Code of Federal Regulations, Chapter II, Part 251; and (3) allow property owners within the recreation area to take advantage of the certification procedures established by Section 251.40, 251.41, and 251.42 of the above code.

A.

Single-family dwellings subject to complying with other requirements of this title.

B.

Accessory buildings and uses such as garages, carports, woodsheds, boat houses and buildings of a similar nature but not including tent or trailer or rooming and boarding of not over two persons.

C.

Utilities as necessary to make possible the exercise of any use otherwise permitted.

D.

Timber management and tree harvesting by individual selection and the utilization of other renewable resources.

17.26.020 - Uses permitted subject to first securing a use permit in each case.

A.

Motels, hotels, resorts, mobile home courts, campgrounds, to accommodate recreationists.

B.

Commercial uses when basic zoning is "C" district, but limited to food stores, restaurants, service stations, automotive or marine maintenance facilities, or service and other comparable business. Service uses and similar commercial uses provided that they are part of a resort or motel.

C.

Industrial uses when basic zoning is "I" district and when there is not waste by-products that has any values. Industrial uses which have an adverse impact include, but are not limited to cement production, gravel extraction operations involving more than one-fourth acre of surface, smelters, sand, gravel, and aggregate processing plants, fabricating plants, pulp mills, and commercial livestock feeder yards. Provided however, development of valid, existing mining claims and mineral interests shall be allowed, subject to conditions necessary to lessen the adverse effects of the mining operations on recreation and aesthetic values of the area.

D.

Public utility uses and structures not covered above.

E.

Signs.

1.

Maximum size one square foot for residential uses.

Maximum size forty square feet in area, eight feet in length and fifteen (feet maximum height from ground for any other use, including advertisement of the sale of rental of property; signs not to be illuminated by any neon or flashing device. Commercial signs to be placed only on property on which advertising use occurs, or on the property which is advertised for sale or rental. Signs to be subdued in appearance, harmonizing in design and color with the surroundings and shall not be attached to any tree or shrub.

F.

Recreation livestock use and grazing.

17.26.030 - Minimum building site required on all lots.

Residential one-half acre; commercial one acre; industrial three acres.

17.26.040 - Minimum lot width required.

Corner and interior one hundred fifty feet average lot width.

No requirement.

17.26.060 - Maximum allowable height.

Two stories but not to exceed forty feet.

One hundred fifty feet from the center line of any public road including overhead public utility lines, except within a subdivision or commercial area, then twenty feet.

17.26.080 - Minimum side yards required.

Ten feet.

17.26.090 - Minimum rear yards required.

Twenty feet.

17.26.100 - General requirements.

No structures, including utility lines shall be located closer than three hundred feet from high water line of any reservoir other than structures to service boating or swimming, provided that for allowable commercial uses the front setback shall be a minimum of fifty feet from the center line of any public road.

A.

In addition to any other requirements set out in Chapter 17.30, the planning commission shall require the following:

Posting of adequate security to insure compliance with conditions of approval.

2.

Landscaping, screening from roads.

3.

Architectural and landscaping approval.

4.

Approval of building materials.

5.

Approval of site plans, color of exterior (all colors to be neutral, all roofing non-glare).

6.

Restriction on earth work, or disturbance of streams, vegetation, trees, or other natural material, removal or disposal of slash.

7.

Any other condition necessary to protect the beauty of the area.

8.

Location of single-family development to be buffered by distance, topography or forest cover from existing or planned public use areas.

B.

Non-conforming uses, structures, signs and lots:

1.

Non-conforming signs may be maintained for two years after the effective date of this title.

2.

Non-conforming commercial or industrial uses must be discontinued within ten years after effective date of this title, which period may be extended by the board of supervisors for a period sufficient to allow the owner to amortize any investment made prior to November 8, 1965.

3.

Non-Conforming Structures. Any structure that is nonconforming due to height, location, coverage and setbacks must be discontinued within ten years after effective date of this title, which period may be

extended by the board of supervisors for a period sufficient to allow the owner to amortize any investment made prior to November 8, 1965.

4.

Any building site of less than the required area that was in single ownership on or before September 16, 1967, may be used as a building site.

C.

Variances and Amendments.

1.

Variances may be granted subject to the provisions of Chapter 17.31 and subject to:

Submission to, and approval of the Secretary of Agriculture to assure that any variance granted conforms to the applicable standards Part 251.42.

2.

Any amendment to the ordinance or rezoning shall be submitted to and approved by the Secretary of Agriculture to assure that such amendment conforms to the applicable standards Part 251.42.

D.

Where district regulations result in conflict the most stringent regulations shall apply.

Chapter 17.27 - MOBILE HOME DISTRICT OR "MH" DISTRICT AND MOBILE HOMES EXCLUSIVE OF MOBILE HOME DISTRICTS

Sections:

The purpose of this zoning district is to provide for suitable sites for the placement of mobile homes as permanent residences both within mobile home parks and on individual lots. The mobile home district can be used as an independent or combining district.

17.27.020 - Regulations for mobile home parks and special occupancy parks.

A.

The following provisions shall apply to the development, and maintenance of all mobile home parks and special occupancy parks within the independent mobile home zoning district, as well as other zoning districts where specified in the zoning ordinance.

A planning commission issued use permit is required for the development of mobile home parks and special occupancy parks, pursuant to Chapter 17.32 of this title.

2.

For subdivision purposes, the minimum parcel size required shall be no less than three acres.

3.

Building Height. The maximum building height shall be twenty-five feet.

4.

Minimum Lot Area Per Mobile Home. The minimum lot area per mobile home shall be four thousand five hundred square feet. Minimum lot areas for recreational vehicles or trailers shall be as specified in the use permit.

5.

Front Yard Setback. The front yard setback shall have a minimum depth of twenty feet from exterior property lines.

6.

Interior Side Yard Setback. The interior side yard setback shall be a minimum of six feet from exterior property lines.

7.

Rear Yard Setback. The rear yard setback shall be a minimum of fifteen feet from exterior property lines.

8.

Development Standards. All development in any mobile home park or special occupancy park shall comply with the following standards:

a.

Internal Streets. All private internal streets within the mobile home or special occupancy park shall be not less than thirty feet in width, and in the case of special occupancy parks such roads shall not be less than eighteen feet in width for two-way traffic or twelve feet in width for one-way traffic. All such roads shall have not less than four inches of aggregate base or equivalent.

b.

All required open areas shall be maintained in accordance with the approved landscaping or recreation development plan.

c.

All trash and garbage collection areas shall be surrounded on at least three sides by a five-foot solid fence and shall have adequate access for collection vehicles. Alternative designs which provide for adequate screening may be substituted.

d.

All points of vehicular access to and from public streets shall be approved by the department of transportation director.

e.

All mobile homes and other occupancy spaces must be served from internal streets within the mobile home or special occupancy park, and there shall be no direct vehicular access from a mobile home space or a special occupancy space to a public street or alley.

f.

Two off-street parking spaces shall be provided per mobile home. Such parking may be incorporated into the internal street design.

g.

Accessory Buildings. Maximum height, twenty-five feet.

h.

Recreation or open spaces shall be provided for each mobile home park of an area of at least two thousand square feet, plus one hundred fifty square feet for each mobile home space over ten. This open space may be used in more than one location, but no location shall contain less than one thousand square feet. Each recreational space shall be accessible to all of the mobile home spaces in the facility, and shall not be used for any other purpose.

i.

The planning commission shall require placement of visual barriers around the perimeter of a mobile home or special occupancy park, unless it finds, because of conditions of the size, density, or layout of the home park or because of conditions of the density or type of surrounding development, that such a requirement would be unnecessary and unreasonable. Visual barriers may consist of fences, walls, or vegetation, as specified by the planning commission.

j.

Landscaping shall be installed and maintained as required by the planning commission.

k.

Free-standing signage for the mobile home or special occupancy park shall be subject to the review and approval of the planning director.

l.

A drainage plan shall be submitted for the review and approval of the department of transportation.

Standards for manufactured homes (mobile homes) located on parcels with mobile home (MH) or mobile homes standards (MHS) overlay.

A.

Applicability. "MH" or "MHS" appearing after a zone abbreviation on the sectional district maps indicates that the property so classified is subject to the provisions of this subsection addition to those of the underlying zone.

B.

Mobile Home or "MH" Overlay. All manufactured homes (mobile homes) placed on parcels with mobile home or "MH" overlay zoning are permitted by right.

C.

Mobile Home Standards or "MHS" Overlay. Manufactured homes (mobile homes) placed on lots zoned for conventional single-family residential dwellings, and having mobile home standards or "MHS" overlay zoning shall be subject to the following standards:

1.

Roof Standards. The roof of the manufactured home shall:

a.

Be designed and manufactured with a minimum 3:12 pitch;

b.

Have roofing material which does not produce glare and which meets building and fire code requirements for a single-family dwelling;

c.

Be designed and manufactured to meet the snowload standard required by the county building department for construction of a single-family dwelling; and

d.

Be designed and manufactured with roof eave and gable overhangs of not less than twelve inches as measured from the exterior wall of the home. The use of gutters are encouraged, but do not contribute to meeting the roof overhang standard.

2.

Ramadas. Ramada or similar structures shall not be allowed.

3.

Siding Material. The manufactured home shall be designed and manufactured with wood or simulated materials. These materials include, but are not limited to, wood lap siding, T1-11 siding, or composite materials manufactured to simulate wood siding.

4.

Skirting Standard. If the manufactured home is raised above ground level, the design, manufacture and installation of the manufactured home shall include perimeter skirting matching the home's siding material. The skirting shall be installed prior to issuance of a certificate of occupancy.

5.

Mobile Home Certification. The manufactured home shall be certified under the National Mobile Home Construction and Safety Standards Act of 1974 (42 USC Section 5401, et seq.).

6.

Manufactured Home Age. The manufactured home shall be manufactured within the past ten years of the application date for the county building department installation permit. Once a manufactured home meeting the standards of this section and has been installed on a parcel within an MHS area, it may be relocated to any other parcel in the county, provided that all other installation requirements of the building code are met. If the manufactured home is to be relocated to a parcel within an MHS area, then the building permit application to relocate the manufactured home must include sufficient information (including recent photographs) demonstrating that it meets all applicable standards of this subsection.

7.

Foundation. The manufactured home shall be installed as a permanent residence in accordance with the standards contained in Section 18551 of the California Health and Safety Code, and Section 1333 of Title 25 of the California Administrative Code.

8.

Front Entrance. The front entrance porch or deck shall be a covered structure with a roof overhang to compliment that of the manufactured home.

9.

Other Permits Required. The installation of the manufactured home shall meet all other applicable development requirements for construction of a single-family dwelling.

This subsection shall apply to manufactured homes (mobile homes) to be used as permanent dwellings on parcels where a single-family use is permitted exclusive of mobile home parks, trailer parks, and mobile home (MH) or mobile home standard (MHS) overlay areas.

A.

Certified Mobile Homes. Mobile homes that are certified under the National Mobile Home Construction and Safety Standards Act of 1974 (42 USC Section 5401, et. seq.), are permitted subject to the following standards:

1.

Foundation. The mobile home shall be placed on a support or foundation system pursuant to Section 18551 of the California Health and Safety Code, and Title 25 of the California Administrative Code.

2.

Skirting Standard. Perimeter skirting shall be installed which consists of similar material and design utilized for siding on the mobile.

B.

Other Mobile Homes. Mobile homes that are not certified under the National Mobile Home Construction and Safety Standards Act of 1974, or do not meet the requirements of subsection A above are permitted subject to the following:

1.

A planning director's issued use permit shall be required pursuant to Chapter 17.32 of this title. On parcels of less than ten acres, and where the proposed mobile home will be within two hundred feet of an adjacent property line, such permit shall be denied by the planning director if fifty-one percent or more of residents or property owners located within a three hundred-foot radius of the subject parcel have submitted written objections to the request.

Unoccupied mobile homes or portions thereof that are not fixed to a foundation shall be stored only in a mobile home sales lot, an approved storage yard, or in a mobile home park.

The installation of manufactured homes (mobile homes) shall be precluded from all historical districts of the county which are listed on the National Register of Historic Places.

Editor's note— Ord. No. 315-801, § 1, adopted April 23, 2013, repealed § 17.27.070, which pertained to use of recreational vehicles.

Chapter 17.28 - SPECIAL BUILDING SITE AREAS OR "B" DISTRICTS

Sections:

17.28.005 - In general.

The purpose of special building site areas are to provide for flexibility and development for varied parcel sizes in the county area.

The following regulations shall apply in all districts, which are combined with such "B" districts and shall be applied in lieu of the building site area and parcel width required, in the combined district, and shall be subject to the provisions of Chapter 17.30 of this title.

A.

B-1 Areas. Minimum parcel size shall be ten thousand square feet, and the minimum parcel width shall be one hundred feet.

B.

B-2 Areas. Minimum parcel size shall be fifteen thousand square feet, and the minimum parcel width shall be one hundred feet.

C.

B-3 Areas. Minimum building site area and minimum parcel width shall be as specified on the zoning map.

Chapter 17.29 - PUBLIC FACILITIES OR "PF" DISTRICT

Sections:

17.29.010 - General description.

The public facilities district includes governmental, utility, educational, and other uses which are strongly vested with public or social importance.

17.29.020 - List of uses permitted on a parcel in a public facilities district.

A.

Administrative offices (government).

B.

Counseling service (government).

C.

Day care center (government).

D.

Library.

E.

Park (less than one acre).

F.

Playground.

G.

Post office.

17.29.030 - List of uses permitted only after obtaining a use permit.

A.

Animal shelter.

B.

Airport.

C.

Business incubator with six criteria (see Resolution PC-2000-03).

D.

County correctional facility (jail).

E.

Fairgrounds.

F.

Fire hall.

G.

Heliport.

H.

Hospital.

I.

Park (over one acre).

J.

Public parking facility.

K.

Public utility structures.

L.

Public maintenance and storage facility or yard.

M.

Refuse disposal facility.

N.

Residential caretaker unit (see special regulations in Section 17.30.120).

O.

School.

P.

Sheriff's station.

Q.

Business Incubator. If these six criteria are met:

1.

It is funded primarily by public funds.

2.

The land and buildings are owned by a public entity.

3.

It is administered and operated directly by the public entity or indirectly by a non-profit corporation under contract with the public entity.

4.

It provides job and business training to a target group of persons. This target group shall include underemployed persons, unemployed persons, and/or displaced worker.

5.

It is open to any business, which meets the facilities selection criteria, on a space available basis.

Incubator space and services are limited to five years or less. Annual extensions may be granted on a caseby-case basis if the business operator can demonstrate special circumstances and compliance with the approved business plan. Time extensions shall require approval of the operating agency and the planning director.

The minimum lot area shall be one recorded lot or parcel not less than two thousand square feet in area. Each lot shall be not less than eighty feet in depth. Each lot shall have a minimum width of twenty-five feet. Due to the wide variety of public facility uses it will be necessary to determine lot size based upon intended use.

The maximum building height shall be forty feet, but not more than two stories.

No minimum front yard setbacks are required except that:

A.

On lots fronting on street within two hundred feet of a residential use or zone on the same side of the street, the front yard setback for all buildings shall not be less than twenty feet in depth. The entire front yard setback, exclusive of driveways and necessary sidewalks shall be landscaped.

No minimum side yard setbacks are required except that:

A.

On corner lots within two hundred feet of a residential use or zone on the same side of the street, the side yard setback for all buildings shall be not less than ten feet in depth. The entire setbacks, exclusive of driveways and necessary walkways, shall be landscaped.

The rear yard of a lot shall not be less than twenty feet in depth, except that lots abutting an alley may be ten feet in depth.

No requirement, except as set forth in other provisions of this title.

In the event of conflict with the requirements set forth in other zoning districts relative to uses permitted either by right or upon securing a use permit, the requirements of this chapter shall prevail.