Article 2 — Chapter 17.20

COMBINING DISTRICTS

Sections:

17.20.010 Purpose. 17.20.020 Historic Combining District or (H) District.

17.20.030 Historic Design Preservation or (HDP) Combining District. 17.20.040 Mobile Home Foundation Combining District or (:MX) District. 17.20.050 Airport Combining District or (:AIR) District. 17.20.060 Planned Unit Development Combining District or (:PD) District. 17.20.070 Agricultural Preserve Combining District or (:AP) District

17.20.010 Purpose. This Chapter lists the and establishes respective regulations for criteria, uses allowed, modifications to development standards, and permit application procedure and requirements.

A. Purposes of Combining Districts: 1. Historic Combining District or (H) District. The purpose of the Historic (H) Combining District is to preserve and enhance places and things of particular importance in local, state, or national history. 2. Historic Design Preservation or (HDP) Combining District. The purpose of the Historic Design Preservation (HDP) Combining District is to preserve and enhance the historic character of areas containing a significant number of cultural resources worthy of preservation. By attempting to ensure compatibility of construction and of exterior alteration of cultural resources, the County seeks to promote orderly and harmonious development so as to enhance the general historic appearance, tourism potential, and land values in the area as a whole. 3. Mobile Home Foundation Combining District or (:MX) District. The Mobile Home

Foundation Combining (:MX) District is intended to be combined with any principal zoning district in which the use of older mobile homes as residences on individual parcels without foundations would conflict with the aesthetic, social, or economic development of any such principal zoning district. 4. The Airport Combining District or (:AIR) District. The purposes of the Airport Combining (:AIR) District are as follows:

a. To protect public health, safety, and welfare by ensuring the orderly expansion of airports and the adoption of land use measures that minimize the public’s exposure to excessive noise and safety hazards within areas around public airports, to the extent that these areas are not already devoted to incompatible uses; and

b. To implement the policies of the Tuolumne County

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opportunity for cohesive design when flexible regulations are applied. The Planned Unit Development Combining (:PD) District is intended to allow diversification in the relationship of various uses, structures, open spaces, and parcel sizes while ensuring consistent application of General Plan policies, programs, and standards. Agricultural Preserve Combining District or (:AP) District. The purpose of the Agricultural Preserve (:AP) Combining District is to implement the provisions of the California Land Conservation Act of 1965, also known as the Williamson Act, as adopted by the Board of Supervisors by resolution. The County seeks to promote agricultural productivity and the preservation and protection of agricultural or open space values from encroaching development and at the same time prevent inclusion of land in Agricultural Preserves that is not suitable for future use in the production of food, fiber, forage, and livestock or wildlife habitat.

airport land use compatibility plan adopted January 22, 2003, as may be amended from time to time; and c. To inform property owners and prospective purchasers of property within areas around airports of the proximity of the airport and aircraft use 6. associated with the airport and that land development must comply with the Tuolumne County airport land use compatibility plan in addition to development regulations in the Tuolumne County General Plan and this Code.

5. Planned Unit Development Combining District or (:PD) District. The Planned Unit Development Combining (:PD) District is created in order to achieve flexibility, to provide a more desirable living environment than would be possible through the strict application of ordinance requirements, to encourage a more creative approach in development of land, to encourage a more efficient and desirable use of land, to encourage conservation of the county’s rural heritage, rural landscapes, oak woodlands and the natural environment, and to encourage various types of physical development. It is recognized that an integrated development provides an

A. Criteria. For a parcel to be zoned Historic Combining District, or (H) District, it shall be determined that:

1. It exemplifies or reflects significant elements of Tuolumne County’s, California's, or the United States' cultural, social, religious, economic, political, scientific, agricultural, educational, military,

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engineering, or architectural history; and 2. The characteristics giving rise to the parcel's significance are at least 50 years old; and 3. The parcel:

a. Contains or can provide information needed to answer important scientific research questions and there is a demonstrable interest in that information; or b. Is directly and significantly associated with a recognized prehistoric or historic event, person or group important in local, state, or national history; or c. Embodies distinctive characteristics of a type, period, or method of construction; or is a distinguished example of the use of indigenous materials or workmanship; or is a notable work of a master builder or architect; or has a special and particular quality such as oldest of its type or best available example of its type; and 4. The parcel owner has consented to a rezoning to the H District.

B. Uses allowed. Uses allowed are those for the underlying zone with which the H District is combined.

C. Modifications of development standards.

1. Any provisions of this Code limiting setbacks or height, or establishing landscaping or

parking requirements, shall not apply in the H District provided a use permit is first secured as provided in this Chapter, except for the following development standards that are allowed within the H District without securing a use permit:

a. Parking Requirements, commercial. Development of a parcel zoned commercial, with the H District within an HDP district shall be treated as a shopping center type use and provide parking at a ratio of one parking space per 250 square feet of gross floor area, except for hotels and motels. Hotels and motels will supply parking consistent with Chapter 17.30, except that parking within the H District is not required to be onsite, but may be provided as off-site parking through one of the methods described in Subdivision b, below. b. In-Lieu Fees or OffSite Parking. Off-site parking agreements or the payment of in-lieu parking fees may be permitted within the H District on parcels that cannot accommodate the required parking with the approval of the Director. In-lieu fees shall be established in Title 3 and shall be collected by the County.

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c. Landscaping. The Director may reduce the minimum required landscape area established in Chapter 15.28 for parcels within the H District. The Director is further authorized to approve landscaping credit for alternative landscaping methods including, but not limited to, the use of planters and window boxes, within the H District.

d. Solar projects required to be ministerial under an applicable state law.

2. Use of the State Historical Building Code is allowed and recommended for all buildings on parcels that are zoned H.

D. Use permit for demolition or relocation.

1. Except as otherwise provided in Subdivision 2, below, no building, structure, object or site may be demolished on, or relocated from or to, a parcel zoned Historic (H) Combining District unless a use permit is first obtained pursuant to this Chapter. 2. A conditional use permit is not required for demolition or relocation of a building, structure, object, or site determined by the Chief Building Official to be an imminent hazard to public safety either to the subject property or to neighboring properties pursuant to the California Health and Safety Code, Title 15, of the Tuolumne County Ordinance Code or the California

3.

Building Code. Where concern for safety permits, prior to the demolition or relocation, the cultural resource shall be measured and photo documented and a DPR 523 form shall be prepared by a qualified professional as defined in Section 14.04.360 of this Code or by Community Development Department staff. Where the demolition is required to abate a public nuisance pursuant to Chapter 1.10 of this Code, the owner of the subject property shall have the option to hire a qualified professional or pay the County’s costs for documenting the cultural resource.

Photodocumentation shall adhere to the guidelines for photo documentation established by the Board of Supervisors.

No building, structure, object, or site may be demolished on, or removed from, a parcel zoned H unless it is determined that such building, structure, object, or site has become so damaged or dilapidated, whether from damage by fire or other causes not of the applicant's own making or from natural deterioration, that it is unusable and cannot reasonably be repaired or restored and a use permit is first obtained. An environmental evaluation shall be required in each case prior to consideration of the permit.

An application for such a permit shall include a statement by the owner of the fair market value of the

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• building, structure, object, or site in question.

• 5. Approval of such a permit may be conditioned on the owner granting to any interested party an option to purchase and remove the building, structure, object, or site in question within a set period of time.

E. Use permit for construction or alteration of exterior appearance. No building, structure, object, or site in a Historic (H) Combining District may be constructed or altered in exterior appearance without first obtaining a use permit, except that no use permit is required for the following projects, provided they are designed to be compatible with the character of the cultural resource and shall comply with any applicable design guide adopted by the Board of Supervisors, as determined by the Director:

in a Historic (H) Combining District may be constructed or altered in exterior appearance without first obtaining a use permit, except that no use permit is required for the following projects, provided they are designed to be compatible with the character of the cultural resource and shall comply with any applicable design guide adopted by the Board of Supervisors, as determined by the Director:

necessary to protect public health or safety.

• F. Application, use permit.

Each application for a use permit pursuant to Sections 17.20.020(C), 17.20.020(D), and 17.20.020(E) shall be accompanied by a scaled site plan showing the location of all existing vegetation, buildings, structures, objects, sites, or improvements on the property to be altered in exterior appearance, demolished, or relocated, and showing the locations of all proposed vegetation, buildings, structures, objects, and improvements to be installed or constructed. The application shall also include drawings, photographs, and such written description as may be necessary to accurately illustrate the front, side, and rear elevations of any buildings, structures, objects, or improvements proposed to be altered in exterior appearance, the colors and materials to be used in the proposed change, and any exposed aboveground utility hookups, connections, or fixtures necessary for the provision of electrical power, liquid petroleum gas, domestic water, sewage disposal, or other necessary fuel or utility service. Additional information deemed necessary for evaluation of the impact of the proposal may be required, including but not limited to the age of the cultural resource, history of the ownership of the cultural resource, or a report from a licensed structural engineer with experience in

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rehabilitation as to the resource's soundness and its suitability for rehabilitation. 2. Applications for use permits for demolition or relocation shall be accompanied by development plans for the parcel unless precluded for reasons of health or safety as determined by the Chief Building Official. 3. Applications for demolition or relocation based upon a claim that the owner would have no economic use of the property unless the building, structure, object, or site is demolished or relocated shall be accompanied by such economic and financial data as needed to substantiate such claim, including the cost, assessed value, taxes, appraisals, listings, and income (if applicable) from the property. The Historic Preservation Review Commission may additionally request an estimate of the rehabilitation costs necessary to restore the cultural resource to active use (if the cultural resource is currently unused) prepared by a qualified professional and a description of the project proponent's proposed plans for the parcel after demolition or relocation. In evaluating the request, the Director or the Historic Preservation Review Commission may request additional documentation substantiating the claim of economic hardship from the project proponent.

G. Consideration of application for use permit for demolition of buildings, structures, objects or sites.

1.

When considering the application for a use permit pursuant to Section 17.20.020(D) for demolition of a building, structure, object, or site, the Board of Supervisors shall consider the priority of the building, structure, object, or site according to Tables 14.06(B) and 14.06(C) of this Code prior to a decision to approve or conditionally approve the conditional use permit subject to the following findings:

• a. The owner would have very limited economic use of the property unless the building, structure, object, or site is demolished based upon information supplied pursuant to Section

• 17.20.020(F)(3), or

• b. The proposed demolition substantially complies with the following standards:

  • i. The physical integrity of the building, structure, object, or site is no longer evident;

  • ii. The streetscape within the context of the surrounding cultural resources would be unaffected;

  • iii. The building, structure, object, or site has not suffered from willful neglect by the current owner; and

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• c. The project proponent has made a bona fide effort to preserve the building, structure, object, or site and all efforts have failed, resulting in a finding that the building, structure, object, or site cannot feasibly be remodeled or rehabilitated and it is unlikely that pursuit of County-sponsored incentives, such as property tax reductions, loans, grants, or state and/or federal tax credits or grants to subsidize the preservation of the property will yield a reasonable return on the property.

ite and all efforts have failed, resulting in a finding that the building, structure, object, or site cannot feasibly be remodeled or rehabilitated and it is unlikely that pursuit of County-sponsored incentives, such as property tax reductions, loans, grants, or state and/or federal tax credits or grants to subsidize the preservation of the property will yield a reasonable return on the property.

2. The Historic Preservation Review Commission may recommend to the Board of Supervisors the deferral of the effective date of a permit for demolition of a building, structure, object, or site for up to six months. A decision to recommend deferral of the effective date of demolition shall be made by the Historic Preservation Review Commission within 45 days of receipt by the Community Development Department of an application for a conditional use permit for demolition. Upon a decision by the Board of Supervisors to delay the effective date of demolition, the project proponent shall maintain the cultural resource in such a manner as to prevent further deterioration.

3. Mitigation for demolition of a building, structure, object, or

site may include any or all of the following:

  - a. Recording the cultural resource on appropriate DPR 523 form(s). 

  - b. Photodocumentation of the cultural resource as prescribed in Section 17.20.020(D)(2). 

  - c. Monitoring of the parcel by a qualified professional during demolition. 

  - d. Use of original fixtures and design features in new construction on the parcel. 

  - e. Other methods as deemed appropriate. 

• H. Consideration of application for use

• permit for relocation of buildings, structures, objects, or sites.

  1. When considering the application for a use permit pursuant to Section 17.20.020(D) for relocation of a building, structure, object, or site, the Board of Supervisors shall consider the priority of the cultural resource according to Tables 14.06(B) and 14.06(C) of this Code prior to a decision to approve or conditionally approve relocation if:

     • a. The owner would have very limited economic use of the property unless the structure is relocated based upon information supplied pursuant to Section 17.20.020(F)(3), or

     • b. The proposed relocation substantially complies with the following standards:

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i. The proposed be in the form relocation will approved by the abate demolition Director, in an of the cultural amount resource; determined by ii. The proposed the Director relocation will sufficient to not diminish the cover the overall physical estimated cost integrity of a to rehabilitate designated or the cultural potential historic resource as district as approved by the provided in Title decision-making 14 of this Code body and restore or diminish the the grade and historical landscape of the associations property from used to define which the the boundaries cultural resource of the district; was removed, in iii. The proposed the event the relocation will land is to be left not substantially vacant after diminish the relocation of the historical or cultural architectural resource. significance of a 2. Mitigation for relocation of a cultural building, structure, object, or resource; site may include any or all of iv. The proposed the following: relocation will a. Recording the cultural not have a resource on detrimental appropriate DPR 523 effect on the form(s). structural b. Photodocumentation soundness of of the cultural the cultural resource as prescribed resource; in Section v. A financial 17.20.020(D)(2). guarantee to c. Monitoring of the ensure the parcel and relocation rehabilitation of activities by a the cultural qualified professional resource once during relocation. the relocation I. Use permit, procedure for demolition or has occurred is relocation. provided to the 1. The procedure for action on County. The an application for a use financial permit pursuant to Section guarantee shall 17.20.020(D) shall be that set

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forth in Chapter 17.100 of this 2. Code except that action on a use permit for demolition or relocation shall be taken by the Board of Supervisors. Prior to action by the Board of Supervisors, the application shall be referred to the Historic Preservation Review Commission for comment and recommendation. 2. If, pursuant to Section 17.20.020(F)(2), a 3. development plan is required as a condition of approval of the use permit for demolition or relocation, then the development plan shall be treated as a separate permit application and shall be processed according to the appropriate permit application 4. processing procedures in Chapter 17.100.

2.

J. Maintenance of vacated lots after demolition or relocation. All parcels subject to building permit requirements for demolition or relocation shall be maintained in a clean, safe, and aesthetically pleasing manner after demolition or relocation. A security agreement may be executed between the applicant and the Director to guarantee maintenance of the parcel(s).

5.

6.

K. Consideration of application for use permit for construction or alteration of exterior appearance. When considering the application for a use permit pursuant to Section 17.20.020(E) for construction or alteration of the exterior appearance of a building, structure, object, or site, the Director, Planning Commission, or Board of Supervisors shall consider the priority of the resource according to Tables 14.06(B) and 14.06(C) of this Code, and the following shall be considered:

8.

1. The siting of the building, structure, object, or site upon the property as compared to the siting of other buildings, structures, objects, or sites in the immediate neighborhood.

All new construction and modifications to buildings, structures, objects, or sites shall be proportional and harmonious with the historic character of the area, shall make appropriate and fitting use of materials, and shall have colors in good taste and never harsh or garish, but in harmony with themselves and their environment.

Landscaping shall be required on the parcel in keeping with the character or design of neighboring buildings, structures, objects, or sites, and existing mature trees and shrubs shall be preserved whenever possible and practicable.

The size, location, and arrangements of on-site parking and paved areas and their lighting.

Ingress, egress, and internal traffic circulation.

Original appearance of the cultural resource.

All of the above factors shall be related to the setting or established character of the surroundings. Rehabilitations, alterations, additions, or other modifications to the exterior of buildings, structures, objects, or sites within the H District should comply with the Secretary of the Interior's Standards. A project that follows the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings or the Secretary of the Interior's Standards for Rehabilitation and Guidelines for

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Rehabilitating Historic Buildings shall be considered exempt from review under the California Environmental Quality Act pursuant to Section 15331, Class 31, of the State CEQA Guidelines. 9. When reviewing use permits pursuant to Section 17.20.020(E), the Historic Preservation Review Commission shall consider the effects of proposed alterations to cultural resources, proposed in response to local, state and federal disability access regulations and guidelines, on the significance of cultural resources.

L. Use permit, procedure for construction or alteration of exterior appearance. The procedure for action on an application for a use permit pursuant to Sections 17.20.020(C) and 17.20.020(E) shall be that set forth in Chapter 17.100 of this Code except that prior to any action taken by the decision-making body, the application shall be referred to the Historic Preservation Review Commission for comment and recommendation.

or construction or alteration of exterior appearance. The procedure for action on an application for a use permit pursuant to Sections 17.20.020(C) and 17.20.020(E) shall be that set forth in Chapter 17.100 of this Code except that prior to any action taken by the decision-making body, the application shall be referred to the Historic Preservation Review Commission for comment and recommendation.

M. Conditions attached to permit. In granting a permit pursuant to this Chapter, the Director, Planning Commission, or Board of Supervisors shall attach whatever conditions are reasonable and necessary to fulfill the intent and purpose of this Title. Such conditions and the proposal of the applicant as considered and approved shall be part of such permit. Issuance of a permit may be made subject to guarantees, executed by the Director, and evidence that attached conditions are being or will be observed.

A. Criteria for district. A Historic Design Preservation (HDP) Combining District may be established consisting of all of the parcels in an area containing a significant number of

parcels with cultural resources worthy of preservation when:

1. It is determined that establishment of such a district will serve the purpose of this zoning district. Although each and every structure, building, object, or site in the area need not be a significant or contributing cultural resource, the structures, buildings, objects, and sites collectively shall be determined to constitute an area worthy of preservation and special design consideration; and

2. A simple majority of the property owners within the proposed HDP district consent to the zoning; and

3. The Historic Preservation Review Commission has reviewed and provided comments and recommendations to the Planning Commission and Board of Supervisors regarding the proposed establishment of the HDP district; and

4. The boundaries of each H District are established by the Board of Supervisors by ordinance after public hearing.

B. Uses allowed. Uses allowed are those for the underlying zone with which the HDP district is combined.

C. Modification of development standards. Any provisions of this Code limiting setbacks or height, or establishing landscaping or parking requirements, shall not apply in the HDP district provided a use permit is first secured pursuant to the procedures set forth in Sections 17.20.030(E) to 17.20.030(H), except the following development standards that are allowed within the HDP district without securing a use permit:

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1. Parking Requirements, commercial. Development of a parcel zoned commercial within an HDP district shall be treated as a shopping center– type use and provide parking at a ratio of one parking space per 250 square feet of gross floor area, except for hotels and motels. Hotels and motels will supply parking consistent with Chapter 17.28, except that parking within the HDP district is not required to be on-site, but may be provided as off-site parking through one of the methods described in Subdivision 2 below.

2. In-Lieu Fees or Off-Site Parking. Off-site parking agreements or the payment of in-lieu parking fees may be permitted within the HDP district on parcels that cannot accommodate the required parking with the approval of the Director. In-lieu fees shall be established in Title 3 and shall be collected by the County.

3. Landscaping. The Director may reduce the minimum required landscape area established in Chapter 15.28 for parcels within the HDP district. The Director is further authorized to approve landscaping credit for alternative landscaping methods, including but not limited to the use of planters and window boxes, within the HDP district.

4. Solar projects required to be ministerial under an applicable state law.

D. Demolition and relocation. No building, structure, object, or site shall be demolished or relocated in the HDP district without first complying with Chapter 14.08 of this Code.

E. Use permit for construction or alteration of exterior appearance. No structure, building, object, or site in a Historic Design Preservation (HDP) Combining District may be constructed or altered in exterior appearance without first obtaining a use permit, except that no use permit is required for the following projects, provided they are designed to be compatible with the character of the historic district and shall comply with any applicable design guide adopted by the Board of Supervisors, as determined by the Director:

1. Ordinary maintenance and repair of any structure, building, object, or site which does not involve a change in design, a change in exterior materials or a substantial change in appearance.

2. Replacement of doors, windows, roofs, or other exterior features with features of the same size, like materials, or like appearance.

3. Installation or placement of new signs or other advertising devices or changes to existing signs or other advertising devices, subject to the provisions of Chapter 17.32 of this Code.

4. Repainting buildings in colors preapproved by the Historic Preservation Review Commission or in colors similar to the existing color palette.

5. Construction or alteration that has been determined by the Chief Building Official to be necessary to protect public health or safety.

F. Application, use permit. Each application for a use permit pursuant to Section 17.20.030(E) shall be accompanied by a scaled site plan showing the location of all existing vegetation, buildings, structures, objects, sites, or improvements on the property to be altered in exterior appearance, demolished, or relocated, and showing the

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locations of all proposed vegetation, buildings, structures, objects, and improvements to be installed or constructed. The application shall also include drawings, photographs and such written description as may be necessary to accurately illustrate the front, side, and rear elevations of any existing vegetation, structures, buildings, objects, sites, or improvements proposed to be altered in exterior appearance, the colors and materials to be used in the proposed change and any exposed above-ground utility hookups, connections, or fixtures necessary for the provision of electrical power, liquid petroleum gas, domestic water, sewage disposal, or other necessary fuel or utility service. Additional information deemed necessary for evaluation of the impact of the proposal may be required, including but not limited to the age of the cultural resource, history of the ownership of the cultural resource, or a report from a licensed structural engineer with experience in rehabilitation as to the cultural resource's soundness and its suitability for rehabilitation.

3.

4.

5.

6.

G. Consideration of application for use permit for construction or alteration of exterior appearance. When considering the application for a use permit pursuant to Section 17.20.030(E) for construction or alteration of the exterior appearance of a cultural resource, the decision-making body shall consider the priority of the resource according to Tables 14.06(B) and 14.06(C) of this Code, and the following shall be considered:

1. The siting of the cultural resource on the property compared to the siting of other cultural resources in the immediate neighborhood.

2. All new construction and modifications to cultural resources shall be proportional and harmonious with the historic character of the area, shall make 9. appropriate and fitting use of materials, and shall have colors in good taste and never

harsh or garish, but in harmony with themselves and their environment.

• Landscaping shall be required on the parcel in keeping with the character or design of neighboring buildings, and existing mature trees and shrubs shall be preserved whenever possible and practicable.

The size, location, and arrangements of on-site parking and paved areas and their lighting.

Ingress, egress, and internal traffic circulation.

Original appearance of the cultural resource.

All of the above factors shall be related to the setting or established character of the surroundings. Rehabilitations, alterations, additions, or other modifications to the exterior of resources within the HDP district should comply with the Secretary of the Interior's Standards. A project that follows the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings or the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings shall be considered exempt from review under the California Environmental Quality Act pursuant to Section 15331, Class 31, of the State CEQA Guidelines.

• When reviewing use permits pursuant to Section 17.20.030(E), the Historic Preservation Review

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Commission shall consider the effects of proposed alterations to cultural resources proposed in response to local, state, and federal disability access regulations and guidelines, on the significance of cultural resources.

H. Use permit, procedures and action. The procedure for action on an application for a use permit pursuant to Section 17.20.030(E) shall be that set forth in Chapter 17.100 of this Code, except that prior to any action taken by the decision-making body, the application shall be referred to the Historic Preservation Review Commission for comment and recommendation.

I. Conditions attached to permit. In granting a permit pursuant to this Chapter, the decision maker shall attach whatever conditions are reasonable and necessary to fulfill the intent and purpose of this Title. Such conditions and the proposal of the applicant as considered and approved shall be part of such permit. Issuance of a permit may be made subject to guarantees, executed by the Director, and evidence that attached conditions are being or will be observed.

A. Foundation required for mobile homes. Within any Mobile Home Foundation Combining (:MX) District, no mobile manufactured home may be used as a permanent residence on any individual parcel unless it is installed on a foundation system as set forth in the most current edition of the California Building Code and in accordance with section 18551 of the California Health and Safety Code, with skirting around the mobile home, and no more than 25 years have elapsed between the date of the manufacture of the mobile home and the date of the application for a building permit to install the mobile home. After installation of the mobile home as provided herein, the mobile home age limitations established in this Chapter shall

not apply in issuing building permits for maintenance or modification of the mobile home.

B. Mobile homes used as guesthouses. As provided herein, mobile homes on foundation systems with skirting around the mobile homes may be used as guesthouses in the Mobile Home Foundation Combining (:MX) District provided that no more than 25 years have elapsed between the date of the manufacture of the mobile home and the date of the application for a building permit to install the mobile home. New mobile homes used as guesthouses shall be constructed at the factory without kitchen facilities or, if already constructed, the kitchen facilities must be removed at the factory prior to transporting to the site. Existing mobile homes used as guesthouses shall have the kitchen facilities removed prior to installation of the mobile home on the site. After installation of the mobile home as provided herein, the mobile home age limitations established in this Chapter shall not apply in issuing building permits for maintenance or modification of the mobile home.

C. Mobile home parks exempted. The regulations of Mobile Home Foundation Combining (:MX) Districts shall not apply to mobile home parks.

A. Applicability. The provisions of this Chapter shall apply to all property located within the airport influence area boundaries associated with Columbia and Pine Mountain Lake Airports, as defined by the airport land use compatibility plan and shown on Exhibits A and B referenced in section 18.24.030 of this Code.

B. Compliance with airport land use compatibility plan. Except as provided in Section 17.20.050(M), development, as defined in section 18.24.040 of this Code, within the Airport Combining (:AIR) District shall be consistent with the Tuolumne County airport land use compatibility plan and Chapters 18.24 and 18.28 of this Code.

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C. Compatibility zone maps. The airport influence area and compatibility zone boundaries associated with Columbia and Pine Mountain Lake Airports are depicted in 3. Figures 3A and 3C, respectively, of the Tuolumne County airport land use compatibility plan and Exhibits A and B referenced in section 18.24.030 of this Code.

D. Residential development density standards.

1. Except as provided by this section, residential development within the Airport Combining (:AIR) District must be consistent with the residential density criteria applicable to the specific compatibility zone within which a development site is located as provided in Table 2A of the Tuolumne County airport land use compatibility plan. 2. Any parcel that is divided by compatibility zone boundaries shall be considered as if it were multiple parcels divided at the compatibility zone boundary line for purposes of determining the applicable density standard. However, the intensity of development allowed within the more restrictive zone can, and is encouraged to be, transferred to the less restrictive zone even if the resulting development in the less restrictive zone then exceeds the primary compatible criteria for that compatibility zone. Transfer of permitted residential density is also allowed with respect to multiple parcels proposed to be developed as a single project. Transfer of permitted residential density may be allowed subject to permanent release of development rights within the more restrictive

zone through conditions of a discretionary land development entitlement. Where residential development incompatible with the primary compatibility criteria of the Tuolumne County airport land use compatibility plan already exists, additional infill development of similar land uses may be allowed even if such land uses are prohibited elsewhere in a compatibility zone. Such infill development may only be allowed in compatibility zone C. Parcels can be considered for infill development if they meet all of the following criteria:

a. The parcel size is not larger than 20 acres. b. The site is at least 65 percent bounded (disregarding roads) by existing uses similar to or more intensive than those proposed.

c. The proposed project would not extend the perimeter of the area defined by the surrounding, already developed, incompatible uses. d. Regardless of the surrounding uses, the proposed use shall not have development intensity more than 50 percent above the intensity permitted by the primary compatibility criteria specified in Table 2A of the Tuolumne County airport land use compatibility plan. For example, whereas a minimum lot size of

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E. Nonresidential development usage intensity limitations.

3.0 acres is normally E. Nonresidential development usage required in intensity limitations. compatibility zone C, 1. Nonresidential development the infill policy would within the Airport Combining allow a 2.0 acre lot. (:AIR) District must be e. The proposed consistent with the usage development would intensity limitations not otherwise increase applicable to the specific the intensity and/or compatibility zone within incompatibility of use which a development site is through use permits, located, as provided in Table density transfers, or 2A of the Tuolumne County other methods. airport land use compatibility f. Notwithstanding plan. Section 2. Clustering of nonresidential 17.20.050(M)(3), lands uses may be allowed on a along the southwest development site consistent side of Parrotts Ferry with Policy 2.4.2.6 of the Road between Tuolumne County airport land Springfield Road and use compatibility plan. In no Highway 49 and lying case shall a proposed within 750 feet of the development be designed to Parrotts Ferry Road accommodate more than the right-of-way may be total number of people per developed to a acre indicated in Table 2A of maximum residential the airport land use density of 15 dwelling compatibility plan multiplied units per acre. by the gross acreage of the g. Except in compatibility project site. Clustering of zone A, one singlepermitted nonresidential uses family dwelling may may be allowed subject to be built on any legal permanent release of parcel of record as of development rights on the the effective date of remainder of the project site this Chapter provided through conditions of a that all other discretionary land requirements of this development entitlement. For Code are met. purposes of this section, Attached secondary project site shall mean the single-family area to be developed and all dwellings are allowed area from which permitted where permitted by density is transferred. No this title in clustering is permitted within compatibility zones compatibility zone A. B2, C, and D. F. Land Uses. Land use within the Airport Additional residences Combining (:AIR) District shall be consistent may be constructed if with the underlying airport land use allowed by this title compatibility plan compatibility zone, as and the airport land follows: use compatibility plan. 1. Incompatible uses recognized by the airport land use

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compatibility plan may be improved consistent with the plan; and 2. The land uses in Table 17.20.1 are prohibited within the compatibility zones as indicated. 3. Hazards to flight, including physical, visual, and electronic forms of 2. interference with the safety of aircraft operations. Structures and vegetation must be consistent with the airspace protection policies described in Section 17.20.050(H). Development within the Airport Combining (:AIR) District shall not generate any of the following:

a. Glare or distracting lights that could be mistaken for airport lights; 3. b. Sources of dust, steam, or smoke that could impair pilot visibility; c. Sources of electrical interference with aircraft communications or navigation; d. Any use, especially landfills and certain agricultural uses, that may attract large flocks of birds; e. Hazards to flight that would otherwise endanger the landing, taking off, or maneuvering of aircraft intended to use the airport.

G. Height restrictions.

1. No vegetation or new structure shall exceed the height regulations specified in Title 14 A-16 of the Code of Federal Regulations, Part 77,

Subpart C, of the Federal Aviation Regulations (FAR) and in the United States Standard for Terminal Instrument Procedures (TERPS) except as otherwise provided in the Tuolumne County airport land use compatibility plan. No structure shall be erected or altered, and no tree shall be allowed to grow to a height in excess of the limitations established in Sections 18.28.100 through 18.28.150 of this Code for the utility runway visual approach zone, utility runway nonprecision instrument approach zone, transitional zones, horizontal zone, or conical zone established for any airport.

Within the critical height zone, as shown on Figures 3A and 3C of the airport land use compatibility plan, for the Columbia and Pine Mountain Lake Airports respectively, height restrictions, potentially to ground level, are required for all structures not shadowed by nearby objects of equal or greater elevation as determined by the Airport Land Use Commission. For purposes of this section, objects do not include vegetation. Existing trees will be required to be removed, topped, or fitted with aeronautical marking only where the tree has been determined to be a hazard to flight by the Airport Land Use Commission. New trees may be planted subject to approval of the Airport Land Use Commission. Compatibility zones A and B1, as shown on Figures 3A and 3C of the

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airport land use compatibility plan, are considered within the critical height zone. 4. Within the height caution zone, as shown on Figures 3A and 3C of the airport land use compatibility plan, for the Columbia and Pine Mountain Lake Airports respectively, structures up to 50 feet in height are permitted. Structures exceeding 50 feet in height may be allowed subject to approval of the Tuolumne County Airport Land Use Commission. Existing trees that exceed 50 feet in height or could grow to exceed 50 feet in height will be required to be removed, topped, or fitted with aeronautical marking only where the tree has been determined to be a hazard to flight by the Airport Land Use Commission. Trees planted within the height caution zone subsequent to the effective date of this Chapter shall not be permitted to grow to exceed a height of 50 feet unless otherwise approved by the Airport Land Use Commission.

5. Within areas not encompassed by the critical height zone or height caution zone, structures up to 75 feet in height are permitted. Structures exceeding 75 feet in height may be allowed subject to approval by the Tuolumne County Airport Land Use Commission. Existing trees that exceed 75 feet in height or could grow to exceed 75 feet in height will be required to be removed, topped, or fitted with aeronautical marking only where the tree has been

determined to be a hazard to flight by the Airport Land Use Commission. Trees planted in areas not encompassed by the critical height zone or the height caution zone subsequent to the effective date of this Chapter shall not be permitted to grow to exceed a height of 75 feet unless otherwise approved by the Airport Land Use Commission.

H. Noise. Use of land located within the 55 dB, 60 dB and 65 dB noise contours set forth in Exhibits 4E and 5E of the Tuolumne County airport land use compatibility plan shall be so constructed and sited as to provide noise levels compatible with the intended use and ensure a healthy living environment. Construction and development within the :AIR district shall adhere to the following:

1. The maximum aircraft-related interior noise levels which shall be considered acceptable for specific land uses are as follows: a. 45 dB CNEL in: i. Living areas of single- or multifamily residences;

ii. Hotels and motels;

  - iii. Hospitals and nursing homes; 

  - iv. Churches, meeting halls, office buildings, and mortuaries; and 

  - v. Schools, libraries, and museums. 

• b. 40 dB CNEL in sleeping areas of single or multifamily residences.

• c. Calculations used to demonstrate

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compliance with these criteria shall assume that windows are closed.

2. Certain land uses may be found to be incompatible with the Tuolumne County airport land use compatibility plan as determined by the Airport Land Use Commission based on the extent of outdoor activity associated with a particular land use and the projected noise environment within a parcel, as indicated by Table 2B of the Tuolumne County airport land use compatibility plan.

I. Deed notice. The County shall record a deed notice for each parcel located within the Airport Combining (:AIR) District. The notice shall disclose airport proximity conditions that may exist on any specific parcel at present or in the future. The notice shall also inform property owners and potential purchasers that the property is subject to land use measures in the Tuolumne County airport land use compatibility plan that may affect future development and the permissible height of vegetation on the property. The deed notice is required to be filed pursuant to Policy 2.4.4.2 of the Tuolumne County airport land use compatibility plan.

J. Nonconforming conditions. For purposes of this Chapter, a nonconforming use is a use which was legally established prior to the effective date of this Chapter, but by reason of adoption or amendment of the Tuolumne County airport land use compatibility plan, the use no longer conforms to the regulations for the compatibility zone within which it is located. Except as provided in this section, Chapter 17.58 of this code does not apply to nonconforming uses within the Airport Combining (:AIR) District. The following provisions shall apply to nonconforming uses within the Airport Combining (:AIR) District:

1.

2.

3.

4.

The regulations prescribed in this Chapter shall not be construed to require the removal, lowering, or otherwise changing or altering of any structure or tree not conforming to the regulations on the effective date of this Chapter or otherwise interfere with the continuation of a nonconforming use. Nonconforming trees shall be allowed to grow unless they become a safety hazard, as determined by the Airport Land Use Commission. Nothing in this Chapter shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was legally begun prior to the effective date of this Chapter and which is diligently pursued.

No permit shall be granted that would allow the creation or establishment of an airport hazard or permit a nonconforming use, structure, or tree to become a greater hazard to air navigation than it was on the effective date of this Chapter.

Determination of abandonment of a nonconforming use shall be as provided in Chapter 17.30 of this Code. Once a nonconforming use or structure is determined to be abandoned, no permit shall be granted that would allow such use or structure to be inconsistent with the Tuolumne County airport land use compatibility plan. Nonconforming residential uses may be expanded provided that the expansion

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does not result in more dwelling units than currently exist on the parcel. Such expansion is not allowed in compatibility zone A, except as expressly allowed by the Tuolumne County airport land use compatibility plan. Such expansion must be consistent with all other regulations applicable to the parcel. Nonconforming nonresidential uses may be expanded by no more than 10 percent of the floor area of the structure. Such expansion may be allowed only if consistent with Chapter 17.30 of this code and the Tuolumne County General Plan.

5.

6. A nonconforming structure that has been fully or partially destroyed may be rebuilt under the following conditions:

a. Nonconforming residential uses may be rebuilt provided that the reconstruction does not result in more dwelling units than existed on the parcel prior to the destruction. b. A nonconforming nonresidential use may be rebuilt provided that it has been only partially destroyed and that the reconstruction does not increase the floor area of the previous structure by more than 10 percent or 1,000 square feet, whichever is greater. Partial destruction shall be considered to mean damage that

can be repaired at a cost of no more than 75 percent of the full cash value of the structure at the time of the damage. Any nonresidential nonconforming use that has been more than 75 percent destroyed shall comply with the Tuolumne County airport land use compatibility plan when reconstructed. Within compatibility zone A, nonconforming uses that are fully or partially destroyed shall only be reconstructed as determined by the Tuolumne County Airport Land Use Commission, and if it is so determined that the structure cannot be reconstructed, the property owner shall be duly compensated as provided in the Tuolumne County airport land use compatibility plan. Reconstruction of nonconforming uses that are fully or partially destroyed shall fully comply with federal, State, and local law applicable to the parcel.

c.

d.

K. Review for consistency. Any development, as defined in section 18.24.040 of this code, within the Airport Combining (:AIR) District shall be reviewed for consistency with the Tuolumne County airport land use compatibility plan as provided in Chapter 18.24 of this code.

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L. Exceptions. In specific situations, a normally incompatible land use may be considered compatible with the Tuolumne County airport land use compatibility plan because of terrain, specific location, or other extraordinary factors or circumstances related to a parcel. After considering all factors or circumstances related to a parcel, the Tuolumne County Airport Land Use Commission may find a normally incompatible use to be compatible with the plan, but only if it finds and determines that:

1. The exception from the normal application of the policies of the Tuolumne County airport land use compatibility plan is warranted based on specific evidence demonstrating that the use proposed would not compromise the general welfare of the inhabitants within the vicinity of the airport or the public in general.

2. The land use proposed will not create a safety hazard to people on the ground or aircraft in flight nor result in excessive noise exposure for the proposed use.

3. The nature of the extraordinary circumstances warrant the exception based on specific evidence demonstrating that the use proposed would not compromise the public health, safety or welfare.

M. Consideration by Board of Supervisors. Decisions of the Airport Land Use Commission regarding land use matters may be appealed consistent with the procedures in Section 18.24.080 of this code.

• A. Conformance with principal zoning

• district. The permitted uses, conditional uses, and regulations of any Planned Unit Development Combining (:PD) District shall be identical to the uses and regulations of the principal zoning district with which the Planned Unit Development Combining (:PD) District is combined, except insofar as such regulations are modified or supplemented by the terms, conditions, specifications, and provisions of a Planned Unit Development Permit duly processed and approved or conditionally approved in accordance with the provisions of this Title. The terms, conditions, provisions, limitations, and restrictions of a Planned Unit Development Permit may be more or less restrictive than those specified elsewhere in this code, including, but not limited to, the following: 1. Height limitations on buildings and structures;

• 2. Floor area ratio/percentage of coverage of land by structures;
• 3. Parking requirements; 4. The location, width, and improvement of on-site vehicular and pedestrian facilities and their related access to various portions of the property;
• 5. Planting and maintenance of trees, shrubs, and plants in accordance with a landscaping plan;
• 6. Construction of fences, walls, and lighting of approved design;
• 7. Limitations upon size, design, number, lighting, and location of signs and advertising structures;
• 8. Arrangement and spacing of buildings;
• 9. Location and size of off-street loading areas and docks;
• 10. Architectural design of structures;
• 11. Size of parcels;

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12. Configuration of parcels; 13. Width of road or utility easements; and

13. Performance bond or other guarantee to insure development as approved, when required by the Board of Supervisors.

B. Establishment – Removal. Planned Unit Development Combining (:PD) Districts may be established or removed from the zoning map upon application of a property owner(s) or their agent(s) or upon the initiative of the Board, Commission, or Director in accordance with the procedures set forth in Chapter 17.100 for amendments. An application to establish a (:PD) District shall require submission by the applicant of a Planned Unit Development Permit application along with fees as set forth in Chapter 3.40 of this code. When initiated by the county, such (:PD) District proposal shall include a policy statement, prepared in accordance with this Chapter, in lieu of a Planned Unit Development Permit application. No Planned Unit Development Permit shall be approved pursuant to a county-initiated (:PD) District unless it is in conformity with the adopted policy statement.

• C. Policy statement.

1. When a Planned Unit Development Combining (:PD) District is initiated by the county, the proposed district shall be accompanied by a policy statement. The policy statement shall include:

   • a. A description of the area to be zoned (:PD) with sufficient accuracy to be located on the county zoning map;

   • b. A general description of the location, terrain, and characteristics of the area;

• c. A statement of any particular or unusual characteristics,

  • features, problems, or circumstances that make the (:PD) District appropriate;

  • d. A statement of the goals, public benefits, and reasons why the (:PD) District is established; and

  • e. The permitted land use, density, restrictions, and standards under which any proposed projects within the (:PD) District shall conform.

2. Any changes in the policy statement shall be made in accordance with procedures set forth in Chapter 17.100 for amendments.

D. Designation on zoning map. Each (:PD) District adopted with a policy statement shall be indicated on the zoning map as a (:PD) District with the ordinance number of the adopted policy statement.

E. Issuance of grading or building permits. Prior to the issuance of any grading or building permit for the construction of buildings in a Planned Unit Development Combining (:PD) District, the plans and specifications shall be checked and approved by the department having jurisdiction for issuing the permit to ensure compliance with the terms and conditions of the Planned Unit Development Permit as approved by the Board. No grading or building permits shall be issued unless the Planned Unit Development Combining (:PD) District has been finally adopted and a Planned Unit Development Permit has been approved for such district.

A. Criteria. For a parcel to be zoned Agricultural Preserve (:AP) Combining District, it must meet the requirements for inclusion in an Agricultural Preserve or qualify for a land conservation contract as

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established by the Board of Supervisors by resolution 106-04.

B. Permitted uses in open space zoning. Permitted uses are listed in Table 17.20.1.

C. Permitted uses in agricultural zoning. Permitted uses are listed in Table 17.20.1.

D. Compatible uses. Compatible uses refers to uses not in conflict with the principal agricultural use and that do not themselves qualify the land for a Williamson Act contract. The compatible uses shown in Table 17.20.1, and those that, in the opinion of the Board of Supervisors, after recommendation of the Agricultural Advisory Committee, may be substantially similar in nature thereto and which enhance or expand the qualifying use with little or no impact on the agricultural or open space characteristics and are otherwise in compliance with the principles of compatibility as set forth in Section 51238.1 of the California Government Code, shall be permitted compatible uses for land in an Agricultural Preserve or under a land conservation contract on which there is already a qualifying use, unless otherwise provided in this Chapter.

E. Conditional uses. The conditional uses shown in Table 17.20.1 may be permitted within the definition of compatible uses, where the use is consistent with section 51238.1 of the Government Code and the use shall not significantly impair the primary qualifying use of the parcel(s), subject to first securing a use permit.

F. Division of land. There shall be no division of land within an Agricultural Preserve or under Williamson Act contract that will defeat the intent of the Williamson Act to preserve land in agriculture, open space, or recreational use. Divisions of land within an Agricultural Preserve or under contract shall be allowed only when the following conditions are fulfilled:

1. The proposed division will not impair the production of food, fiber, livestock, or wildlife habitat;

2. Each parcel created by the division shall conform to minimum acreages under section 17.20.080(G);

   3. The division conforms to the county General Plan, state laws, and the county ordinance code and resolutions.

• G. Minimum parcel size. No real property

• zoned Agricultural Preserve Combining District (:AP) shall be divided or reconfigured where any resulting parcel will be less than the following minimum acreage provided for each use or where the land division or reconfiguration fails to conform with the approved management plan or with Rules 10 or 11 of Tuolumne County Resolution 106-04: 1. Commercial agricultural uses: a. Dry land grazing, 160 acres;

• b. Combination of dry land grazing and irrigated pasture, 80 acres;

  - c. All other agricultural uses on nonprime agricultural land, 40 acres; 
  
  - d. All other agricultural uses on prime agricultural land, 10 acres; 
  

  2. All open spaces uses, 40 acres;

3. All recreational uses, 40 acres; 4. Combination of all uses listed above:

   • a. Combination of prime agricultural land with any other use, 50 acres;

   • b. Combination of nonprime agricultural land with any other use, 80 acres;

   5. Agricultural laborer housing as described in section 51230.2 of the California Government Code, less than or equal to five acres.

   6. An existing parcel that does not meet the minimum parcel size may be reconfigured to a resulting parcel that does not

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meet the minimum parcel size provided the reconfiguration does not result in a decrease in the size of the existing parcel. Parcels resulting from a merger shall be exempt from the minimum parcel size listed above.

H. Transfer of ownership to family member. Notwithstanding section 17.20.080(G), real property shall be permitted to be divided into parcels that do not meet the minimum parcel sizes as provided in section 17.20.080(G) only when such division is for the purpose of transferring ownership from one immediate family member to another in accordance with section 51230.1 of the Government Code.

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TABLE 17.20.1 ALLOWED LAND USES AND PERMIT REQUIREMENTS

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==> picture [650 x 349] intentionally omitted <==

----- Start of picture text -----
Key Blank Cell – Not Permitted
“P” – Permitted without Discretionary Review
“C” – Discretionary Review Required
“CO” – Compatible Use
“PH” - Prohibited
A. B. C. D. E. F. G. H. I.
Land Use Classification H HPD :D :MX :AIR :PD :AP Additional
Regulations
Equipment necessary for the maintenance and support of the P [2]
permitted uses listed herein
Accessory uses and structures appurtenant to permitted uses P [2]
Home occupations, which use is clearly incidental and CO
secondary to the use of the structure for dwelling
purposes and which use does not change the character
thereof
Accessory use and structures appurtenant and necessary to CO
the operation of the compatible use, subject to
recommendation by the Agricultural Advisory Committee
and approval by the Board of Supervisors
Accessory uses and structures appurtenant to the conditional C
uses
All structures except those having an aeronautical function PH [5]
Objects exceeding the height limits in Part 77 of the Federal PH [5]
Aviation Regulations
Hazards to flight PH [5,6,7,8]
Highly noise-sensitive uses PH [6]
----- End of picture text -----

1 Permitted when combined with the open space (O) or open space-1 (O-1) zoning district, and subject to approval of a management plan by the Board of Supervisors in accordance with Tuolumne County Resolution 106-04, provided that the use is not listed as a compatible or conditional use.

2 Permitted when combined with the exclusive agricultural, 37-acre minimum (AE-37) zoning district, and subject to approval of a management plan by the Board of Supervisors in accordance with Tuolumne County Resolution 106-04, provided that the use is not listed as a compatible or conditional use.

3 Including but not limited to walking, hiking, picnicking, camping, swimming, boating, fishing, hunting, or horseback riding or other outdoor games or sports subject to recommendation by the Agricultural Advisory Committee and approval by the Board of Supervisors. All recreational uses shall be provided for public participation without charge or with a reasonable charge that does not unduly limit use by the public, as defined in Government Code Section 51201(n).

4 As defined in Government Code Section 51201(n), and the structures must be in compliance with Government Code Section 51238.1.

5 In airport land use compatibility plan Zone A.

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6 In airport land use compatibility plan Zones B1 and B2.

7 In airport land use compatibility plan Zone C.

8 In airport land use compatibility plan Zone D.

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