Chapter 16.28 — SEPARATE VALUATION OF PARCELS
Tuolumne County Municipal Code Art. 2 Chapter 17.20
Tuolumne County Municipal Code · 2026-09 edition · updated 2026-10-02 · Tuolumne County
Cite as: Tuolumne County Municipal Code Article 2 · Text as of 2026-10-02
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
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
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
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.
6.
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.
17.20.020 Historic Combining District or (H)¶
District
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,
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 on-
site, but may be
provided as off-site
parking through one
of the methods
described in
Subdivision b, below.
b.
In-Lieu Fees or Off-
Site 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.
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
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.
3.
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.
4.
An application for such a
permit shall include a
statement by the owner of the
fair market value of the
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:
1.
Ordinary maintenance and
repair of any building,
structure, object, or site that
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 17.34 of
this Code.
4.
Repainting buildings,
structures, objects, or sites in
colors pre-approved by the
Historic Preservation Review
Commission or in colors
similar to the existing color
palette.
5.
Construction or alteration
which has been determined
by the Director to be
necessary to protect public
health or safety.
F. Application, use permit.
1.
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 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
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
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.
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:
i.
The proposed
relocation will
abate demolition
of the cultural
resource;
ii.
The proposed
relocation will
not diminish the
overall physical
integrity of a
designated or
potential historic
district as
provided in Title
14 of this Code
or diminish the
historical
associations
used to define
the boundaries
of the district;
iii. The proposed
relocation will
not substantially
diminish the
historical or
architectural
significance of a
cultural
resource;
iv. The proposed
relocation will
not have a
detrimental
effect on the
structural
soundness of
the cultural
resource;
v.
A financial
guarantee to
ensure the
rehabilitation of
the cultural
resource once
the relocation
has occurred is
provided to the
County. The
financial
guarantee shall
be in the form
approved by the
Director, in an
amount
determined by
the Director
sufficient to
cover the
estimated cost
to rehabilitate
the cultural
resource as
approved by the
decision-making
body and restore
the grade and
landscape of the
property from
which the
cultural resource
was removed, in
the event the
land is to be left
vacant after
relocation of the
cultural
resource.
2.
Mitigation for relocation 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 and relocation
activities by a
qualified professional
during relocation.
I. Use permit, procedure for demolition or
relocation.
1.
The procedure for action on
an application for a use
permit pursuant to Section
17.20.020(D) shall be that set
forth in Chapter 17.100 of this
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
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
processing procedures in
Chapter 17.100.
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).
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:
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.
2.
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.
3.
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.
4.
The size, location, and
arrangements of on-site
parking and paved areas and
their lighting.
5.
Ingress, egress, and internal
traffic circulation.
6.
Original appearance of the
cultural resource.
7.
All of the above factors shall
be related to the setting or
established character of the
surroundings.
8.
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
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.
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.
17.20.030 Historic Design Preservation or¶
(HDP) Combining District.
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:
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
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.
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
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.
3.
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.
4.
The size, location, and
arrangements of on-site
parking and paved areas and
their lighting.
5.
Ingress, egress, and internal
traffic circulation.
6.
Original appearance of the
cultural resource.
7.
All of the above factors shall
be related to the setting or
established character of the
surroundings.
8.
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.
9.
When reviewing use permits
pursuant to Section
17.20.030(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.
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.
17.20.040 Mobile Home Foundation¶
Combining District or (:MX) District.
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.
17.20.050 Airport Combining District or¶
(:AIR) District. 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.
C. Compatibility zone maps. The airport
influence area and compatibility zone
boundaries associated with Columbia and
Pine Mountain Lake Airports are depicted in
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.
3.
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
3.0 acres is normally
required in
compatibility zone C,
the infill policy would
allow a 2.0 acre lot.
e.
The proposed
development would
not otherwise increase
the intensity and/or
incompatibility of use
through use permits,
density transfers, or
other methods.
f.
Notwithstanding
Section
17.20.050(M)(3), lands
along the southwest
side of Parrotts Ferry
Road between
Springfield Road and
Highway 49 and lying
within 750 feet of the
Parrotts Ferry Road
right-of-way may be
developed to a
maximum residential
density of 15 dwelling
units per acre.
g.
Except in compatibility
zone A, one single-
family dwelling may
be built on any legal
parcel of record as of
the effective date of
this Chapter provided
that all other
requirements of this
Code are met.
Attached secondary
single-family
dwellings are allowed
where permitted by
this title in
compatibility zones
B2, C, and D.
Additional residences
may be constructed if
allowed by this title
and the airport land
use compatibility plan.
E. Nonresidential development usage
intensity limitations.
1.
Nonresidential development
within the Airport Combining
(:AIR) District must be
consistent with the usage
intensity limitations
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.
Clustering of nonresidential
uses may be allowed on a
development site consistent
with Policy 2.4.2.6 of the
Tuolumne County airport land
use compatibility plan. In no
case shall a proposed
development be designed to
accommodate more than the
total number of people per
acre indicated in Table 2A of
the airport land use
compatibility plan multiplied
by the gross acreage of the
project site. Clustering of
permitted nonresidential uses
may be allowed subject to
permanent release of
development rights on the
remainder of the project site
through conditions of a
discretionary land
development entitlement. For
purposes of this section,
project site shall mean the
area to be developed and all
area from which permitted
density is transferred. No
clustering is permitted within
compatibility zone A.
F. Land Uses. Land use within the Airport
Combining (:AIR) District shall be consistent
with the underlying airport land use
compatibility plan compatibility zone, as
follows:
1.
Incompatible uses recognized
by the airport land use
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
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;
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.
2.
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.
3.
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
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
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.
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.
2.
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.
3.
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.
4.
Nonconforming residential
uses may be expanded
provided that the expansion
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. 5. 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. 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. c. 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. d. Reconstruction of nonconforming uses that are fully or partially destroyed shall fully comply with federal, State, and local law applicable to the parcel. 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.
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.
17.20.060 Planned Unit Development¶
Combining District or (:PD) District.
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;
Configuration of parcels;
13.
Width of road or utility
easements; and
14.
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.
17.20.070 Agricultural Preserve Combining¶
District or (:AP) 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
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
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.
TABLE 17.20.1 ALLOWED LAND USES AND PERMIT REQUIREMENTS
Key
Blank Cell – Not Permitted
“P” – Permitted without Discretionary Review
“C” – Discretionary Review Required
“CO” – Compatible Use
“PH” - Prohibited
A.
Land Use Classification
B.
H
C.
HPD
D.
:D
E.
:MX
F.
:AIR
G.
:PD
H.
:AP
I.
Additional
Regulations
Residential Uses
One single-family dwelling per parcel when the parcel meets
the minimum acreage specified in Section 17.20.070(G).
Where all parcels under the same contract fail to meet the
minimum acreage requirement, one single-family dwelling
may be located on any one of the parcels under that
contract
CO
One additional single-family dwelling or one guesthouse per contract when all parcels meet the minimum acreage requirement, as specified in Rule 4(A)(2), provided that in no case shall the acreage be less than 160 acres
C
Accessory dwelling unit
P Ch. 17.36 Junior accessory dwelling unit
P Ch. 17.36 All structures except those having an aeronautical function
PH5
Objects exceeding the height limits in Part 77 of the Federal Aviation Regulations
PH5
Hazards to flight
PH5,6,7,8
Nursing homes
PH6,7
Day care centers
PH6,7
Highly noise-sensitive uses
PH6
Agricultural and Resources Uses General farming and ranching, including uses and land management activities authorized or required by an agricultural production management plan approved by the
P2
Key
Blank Cell – Not Permitted
“P” – Permitted without Discretionary Review
“C” – Discretionary Review Required
“CO” – Compatible Use
“PH” - Prohibited
A.
Land Use Classification
B.
H
C.
HPD
D.
:D
E.
:MX
F.
:AIR
G.
:PD
H.
:AP
I.
Additional
Regulations
Board of Supervisors in accordance with Tuolumne County
Resolution 106-04
Use and land management activities authorized or required by
a wildlife habitat area management plan, submerged area
plan, or other plan for open space use approved by the
Board of Supervisors in accordance with Tuolumne County
Resolution 106-04
P1
Customary agricultural buildings and structures
P2
Livestock pastures and ranges
P2
Livestock auction and sales yards
C
Raising of livestock in feed lots
C
Animal processing facilities
C
Poultry practices
P2
Aquaculture facilities
P2
Animal husbandry, including fur-bearing species
P2
Operation of apiaries, tree, vine, row, or field crops
P2
Ornamental and agricultural nursery stock
P2
Commercial timber production or Christmas tree farm
P2
Fallow agricultural land
P2
Production, processing, packing, selling, or shipping of agricultural products grown or raised on the premises
P2
Animal rearing and training facilities
CO
Agricultural laborer housing, subject to recommendation by the Agricultural Advisory Committee and approval by the Board of Supervisors
CO
Key
Blank Cell – Not Permitted
“P” – Permitted without Discretionary Review
“C” – Discretionary Review Required
“CO” – Compatible Use
“PH” - Prohibited
A.
Land Use Classification
B.
H
C.
HPD
D.
:D
E.
:MX
F.
:AIR
G.
:PD
H.
:AP
I.
Additional
Regulations
Open space, including uses and land management activities
authorized or required by a wildlife habitat management
plan, submerged area plan, recreation master plan, scenic
corridor management plan, or other plan for open space
use approved by the Board of Supervisors for land within
an Agricultural Preserve in accordance with Tuolumne
County Resolution 106-04, that are not listed as
conditional uses
CO
Wine marketing facilities for processing grapes or other fruits not grown primarily on the same parcel as the winery
C
Agricultural support services provided that such services shall be no greater in operation size than that necessary to accommodate existing local agricultural needs, shall remain accessory to agricultural uses in the area, and shall be operated in a manner not substantially detrimental to existing nonagricultural development in the vicinity
C
Any use determined not to be compatible under Rule 8(B) of Tuolumne County Resolution 106-04
C
All structures except those having an aeronautical function
PH5
Objects exceeding the height limits in Part 77 of the Federal Aviation Regulations
PH5
Hazards to flight
PH5,6,7,8
Highly noise-sensitive uses
PH6
Institutional and Recreation Uses Roads, driveways, trails, bridges, underground public utilities, noncommercial gardens, wells, or sewage disposal systems permitted in conjunction with another entitlement
P1
Key
Blank Cell – Not Permitted
“P” – Permitted without Discretionary Review
“C” – Discretionary Review Required
“CO” – Compatible Use
“PH” - Prohibited
A.
Land Use Classification
B.
H
C.
HPD
D.
:D
E.
:MX
F.
:AIR
G.
:PD
H.
:AP
I.
Additional
Regulations
for which an environmental review under the California
Environmental Quality Act (CEQA) has been adopted
Airstrips for agricultural purposes only
CO
Recreational development, major,
C4
Recreational development, minor
CO3
Assemblages of people
PH5
All structures except those having an aeronautical function
PH5
Objects exceeding the height limits in Part 77 of the Federal Aviation Regulations
PH5
Hazards to flight
PH5,6,7,8
Libraries
PH6,7
Schools for children
PH6,7
Hospitals
PH6,7
Highly noise-sensitive uses
PH6
Above-ground storage of hazardous materials (except for the storage of aviation fuel, other aviation-related flammable materials, and up to 2,000 gallons of nonaviation flammable materials)
PH6
Commercial Uses Product sales facilities for sale of produce primarily raised on the property
CO
Roadside stands for products not grown primarily on the parcel
C
Key
Blank Cell – Not Permitted
“P” – Permitted without Discretionary Review
“C” – Discretionary Review Required
“CO” – Compatible Use
“PH” - Prohibited
A.
Land Use Classification
B.
H
C.
HPD
D.
:D
E.
:MX
F.
:AIR
G.
:PD
H.
:AP
I.
Additional
Regulations
Animal hospitals, veterinary clinics, kennels, and animal
boarding that is incidental to the agricultural use
C
All structures except those having an aeronautical function
PH5
Objects exceeding the height limits in Part 77 of the Federal Aviation Regulations
PH5
Hazards to flight
PH5,6,7,8
Highly noise-sensitive uses
PH6
Industrial Uses Storage of petroleum products for use in conjunction with the commercial agricultural use on the premises
CO
Development of mineral resources up to 1,000 cubic yards in any one location of one acre or less, including borrow pits and quarries with associated building, apparatus, and appurtenances thereto, for noncommercial purposes related to an agricultural use, provided surface development does not occur within 200 feet of the property line
CO
The development of mineral resources for commercial purposes and the removal of overburden in total amounts of 1,000 cubic yards or more in any one location of one acre, including borrow pits and quarries, associated buildings, apparatus, and appurtenances thereto, provided surface development does not occur within 200 feet of the property line
C
Storage of fuel or other hazardous materials
PH5
Ch. 17.90 All structures except those having an aeronautical function
PH5
Key
Blank Cell – Not Permitted
“P” – Permitted without Discretionary Review
“C” – Discretionary Review Required
“CO” – Compatible Use
“PH” - Prohibited
A.
Land Use Classification
B.
H
C.
HPD
D.
:D
E.
:MX
F.
:AIR
G.
:PD
H.
:AP
I.
Additional
Regulations
Objects exceeding the height limits in Part 77 of the Federal
Aviation Regulations
PH5
Hazards to flight
PH5,6,7,8
Highly noise-sensitive uses
PH6
Communications Facilities The erection, construction, alteration, or maintenance of gas, water, sewer, electrical, or communications facilities
CO
All structures except those having an aeronautical function
Objects exceeding the height limits in Part 77 of the Federal Aviation Regulations
PH5
Hazards to flight
PH5,6,7,8
Highly noise-sensitive uses
PH6
Temporary Uses Temporary film sets for not more than 90 days in a calendar year and not more than 90 consecutive days for any film production
CO
Film sets for more than 90 consecutive days in a calendar year
C
All structures except those having an aeronautical function
PH5
Objects exceeding the height limits in Part 77 of the Federal Aviation Regulations
PH5
Hazards to flight
PH5,6,7,8
Highly noise-sensitive uses
PH6
Accessory Uses
Key
Blank Cell – Not Permitted
“P” – Permitted without Discretionary Review
“C” – Discretionary Review Required
“CO” – Compatible Use
“PH” - Prohibited
A.
Land Use Classification
B.
H
C.
HPD
D.
:D
E.
:MX
F.
:AIR
G.
:PD
H.
:AP
I.
Additional
Regulations
Equipment necessary for the maintenance and support of the
permitted uses listed herein
P2
Accessory uses and structures appurtenant to permitted uses
P2
Home occupations, which use is clearly incidental and secondary to the use of the structure for dwelling purposes and which use does not change the character thereof
CO
Accessory use and structures appurtenant and necessary to the operation of the compatible use, subject to recommendation by the Agricultural Advisory Committee and approval by the Board of Supervisors
CO
Accessory uses and structures appurtenant to the conditional uses
C
All structures except those having an aeronautical function
PH5
Objects exceeding the height limits in Part 77 of the Federal Aviation Regulations
PH5
Hazards to flight
PH5,6,7,8
Highly noise-sensitive uses
PH6
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.
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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