Article 1 — Chapter 17.02

GENERAL PROVISIONS

Sections:

17.02.010 Short title, citation. 17.02.020 Purpose. 17.02.030 Authority. 17.02.040 Principles. 17.02.050 Scope.

17.02.060 Applicability of the Zoning Ordinance. 17.02.070 Consistency with the General Plan. 17.02.080 Responsibility for Administration. 17.02.090 Severability.

17.02.010 Short title, citation. This Title shall be known and may be cited as the "Tuolumne County Uniform Zoning Ordinance.”

17.02.020 Purpose. This title is adopted as a zoning ordinance for the county, said title being based on the General Plan for the county and enacted in order to promote the public health, safety, comfort, and general welfare throughout the county.

17.02.030 Authority . This Code is enacted based on the authority vested in the County by the State of California, including, but not limited to: the State Constitution, Section 65800 and subsequent sections of the Government Code, the California Environmental Quality Act, the Subdivision Map Act, the Health and Safety Code, and case law of the State and Federal courts, and as they all may be modified from time to time.

17.02.040 Principles. This title, in order to obtain the greatest benefits from the opportunities that exist in the county, has been prepared in accordance with the following principles:

A. This title is based on the county General Plan with respect to the general pattern of future land uses and the principles for future land development expressed in said plan.

B. This title recognizes the importance to the community for all legitimate uses of land. This title further recognizes the need for all such uses to be protected from other uses that are incompatible. It provides districts for agricultural, residential, recreational, commercial, and industrial activities. Thus, complementary and compatible land uses are permitted to coexist side by side, and they are protected from encroachment by conflicting land uses.

This title recognizes the importance to the public welfare of well-designed and properly integrated developments in all districts of the county. This title implements this principle through provisions to require site plan and landscaping review. It is not the intent of such provisions or regulations to stifle individual initiative or control individuals' tastes, but to provide the minimum amount of direction necessary to encourage orderliness of development and appearance throughout the county.

C. Parcel size, yard, off-street parking, and other standards are based on the best accepted contemporary practice rather than on past practices, since this title will influence future development.

D. Uses that would adversely affect other uses or the public welfare, unless regulated in a particular way or permitted only under certain conditions, may be allowed as "conditional uses" subject to review by the

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Director of Community Development (Director).

17.02.050 Scope. This title consists of the establishment of various zoning districts within the unincorporated territory of the county within which it is unlawful to erect, construct, alter, or maintain certain structures or to carry on certain occupations or to conduct certain uses of land or of structures, and consists further of appropriate regulations to be enforced in such districts, all as set forth in this title.

Ordinance . This Code applies to all land uses, subdivisions, and development within the County, as follows:

A. New Land Uses or Structures, Changes to Land Uses or Structures. It shall be unlawful, and a violation to this Code, for any person to establish, construct, reconstruct, alter, or replace any use of land or structure, except in compliance with this Code.

B. County Permits and Licenses. No Development Permit, Building Permit, or Grading Permit, shall be issued by the County unless the proposed construction or activity complies with all applicable provisions of this Code.

C. Subdivisions. Each subdivision of land approved within the County shall comply with the minimum lot size requirements, the Subdivision Map Act, and all applicable requirements of this Code.

D. Continuation of an Existing Land Use. The requirements adopted in this Code are not retroactive in their effect on a land use that was lawfully established before the effective date of the requirements’ adoption, except as otherwise provided by Chapter 17.32 (Nonconforming Uses).

E. Effect of Zoning Code Changes on Projects in Progress. Projects shall be subject to the requirements and standards in this Code except as prohibited by State law.

F. Applicability to public agencies. The provisions of this title, to the extent permitted by law, shall apply to all public bodies, districts and agencies, including federal, state, county, municipal and local (other than the County of Tuolumne) (Ord. 3471 § 1, 2024).

G. Minimum Requirements. The provisions of this Code shall constitute the minimum requirements for the promotion of the public health, safety, and general welfare, and additional requirements may be imposed by the review authority through the authorization of a Conditional Use Permit. When this Code provides for discretion on the part of a County official or body, that discretion may be exercised to impose more stringent requirements than set forth in this Code, as determined by the applicable review authority, if it is necessary to promote public health and safety, orderly land use and development, economic growth, job growth, housing growth, and the other purposes of this Code.

H. Other Requirements May Apply. Nothing in this Code eliminates the need for obtaining other permits required by the County; or any permit, approval, or entitlement required by any other applicable special district or agency; and/or the regulations of any State, or Federal agency. No use that is illegal under local or State law shall be allowed in any zone within the County.

Plan . Any permit, license, or approval issued pursuant to this Code must be consistent with the Tuolumne County General Plan and any applicable Specific Plan(s). In any case where there is a conflict between this Code and the General Plan, the General Plan shall prevail.

A. Responsible Bodies and Individuals. This Code shall be administered by the Board of Supervisors, the Planning Commission,

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the Community Development Department Director, and Community Development Department.

B. Exercise of Discretion. In the event that a provision of the Code allows the review authority (responsible body or individual) to exercise discretion in the application of a specific standard or requirement, but does not identify specific criteria for a decision, the following criteria shall be used in exercising discretion:

clause, and phrase thereof, irrespective of the fact that any one or more section, subdivisions, sentences, clauses, or phrases had been declared invalid or unconstitutional.

1. The proposed project complies with all applicable provisions of the Code; 2. The exercise of discretion will act to ensure the compatibility of the proposed project with its site, surrounding properties, and the community; 3. The decision promotes economic or housing growth with economically viable requirements; 4. The exercise of discretion promotes the public health, safety, and welfare; and 5. The decision is consistent with the General Plan.

C. Delegation of Authority and Responsibility. The Director may delegate any responsibility or authority charged to the Director by any section of the Code to another employee of the County. Any employee or employees so duly designated may act on behalf of the Director in a matter or proceeding in the Code.

section, subdivision, sentence, clause, phrase, or portion of this Code is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof. The Board of Supervisors declares that it would have passed this Code, and each section, subdivision, sentence,

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