§ 11.01

Title 11 of the Yuba County Ordinance Code shall be known and cited as the "Yuba County Development Code," "Development Code of Yuba County," "Development Code," or "Code."

The Yuba County Development Code is adopted pursuant to the authority contained in Section 65850 of the California Government Code. In addition, the provisions of this Code relating to the regulation and control of subdivisions are adopted pursuant to the authority contained in Title 7, Division 2 of the California Government Code, commencing with Section 66410, hereinafter referred to as the "Subdivision Map Act," as may be amended from time to time.

(Ord. No. 1624)

The purpose of this Code is to implement the County's General Plan and to protect and promote the public health, safety, peace, comfort, convenience, prosperity and general welfare. More specifically, the Code is adopted to achieve the following objectives:

(1)

To provide a precise guide for the physical development of the County in a manner as to progressively achieve the arrangement of land uses depicted in the Yuba County General Plan, consistent with the goals and policies of the General Plan.

(2)

To foster a harmonious, convenient and workable relationship among land uses and ensure compatible development, consistent with the General Plan.

(3)

To ensure that public and private lands ultimately are used for purposes which are appropriate and most beneficial for the County.

(4)

To support economic development and job creation.

(5)

To provide for the housing needs of all economic segments of the community.

(6)

To promote high quality development, consistent with the General Plan.

(7)

To protect the character and the social and economic stability of agricultural, residential, commercial, industrial, recreational, and other areas within the County.

(8)

To facilitate the appropriate location of community facilities, institutions, parks, and other recreational areas.

(9)

To define duties and powers of administrative bodies and officers responsible for implementation of the Code.

(Ord. No. 1624)

11.01.030. - Structure of Development Code regulations.

(a)

Organization of regulations. This Code consists of six divisions:

Division I—Introductory Provisions.

Division II—Zoning and Overlay Districts.

Division III—Regulations Applying to Some or All Districts.

Division IV—Land Divisions.

Division V—Administration and Permits.

Division VI—General Terms.

(b)

Types of regulations. Four types of development code regulations control the use and development of property:

(1)

Land use regulations. These regulations specify land uses permitted, conditionally permitted or specifically prohibited in each zoning district, and include special requirements, if any, applicable to specific uses. Land use

regulations for base and overlay zoning districts are in Division II of this Code. Certain regulations, applicable in some or all of the districts, and performance standards which govern special uses, are in Division III.

(2)

Development regulations. These regulations control the height, bulk, location and appearance of structures on development sites. Development regulations for base and overlay zoning districts are in Division II of this Code. Certain development regulations, applicable to some or all districts are in Division III. These include regulations for specific uses, development and site regulations, performance standards, parking, signage, antennas and wireless communications and nonconforming uses.

(3)

Land division regulations. These regulations control the division of land and specify the design, improvement, and survey data of subdivisions as well as the procedures to be followed to secure final approval for subdivision maps. Land division regulations are in Division IV of this Code.

(4)

Administrative regulations. These regulations contain detailed procedures for the administration of this Code, and include common procedures, processes and standards for discretionary entitlement applications and other permits. Administrative regulations are in Division V.

(5)

General terms and use classifications. Division IV provides a list of use classifications and a list of terms and definitions used in the Code.

(Ord. No. 1624)

11.01.040. - General rules for applicability of zoning regulations.

(a)

Applicability to property. This Code shall apply, to the extent permitted by law, to all property within the unincorporated limits of Yuba County, including all uses, structures and land owned by any private person, firm, corporation or organization, or Yuba County or other local, State or federal agencies. Any governmental agency shall be exempt from the provisions of this Code only to the extent that such property may not be lawfully regulated by Yuba County.

(b)

Compliance with regulations. No land shall be used, and no structure shall be constructed, occupied, enlarged, altered, demolished or moved in any zoning district, except in accordance with the provisions of this Code.

(c)

Relation to other regulations.

(1)

General. The regulations of this Code and requirements or conditions imposed pursuant to this Code shall not supersede any other regulations or requirements adopted or imposed by the Yuba County Board of Supervisors, the State of California, or any federal agency that has jurisdiction by law over uses and development authorized by this Code. All uses and development authorized by this Code shall comply with all other such regulations and requirements. Where conflict occurs between the provisions of the Code and any other County ordinance, chapter, resolution, guideline or regulation, the more restrictive provisions shall control, unless otherwise specified.

(2)

Permit Streamlining Act. It is the intent of this Code that all actions taken by the decision-making authority pursuant to this Code that are solely adjudicatory in nature be within a time frame consistent with the provisions of Government Code Section 65920 et seq. (the Permit Streamlining Act). Nothing in this Code shall be interpreted as imposing time limits on actions taken by the decision-making authority pursuant to this Code that are legislative in nature or that require both adjudicatory and legislative judgments.

(d)

Relation to private agreements. This Code shall not interfere with or annul any recorded easement, covenant, development agreements, or other agreement now in effect, provided that where this Code imposes greater restriction than imposed by an easement, covenant, or agreement, this Code shall control.

(e)

Relation to prior code. The provisions of this Code supersede all prior Codes and any amendments. No provision of this Code shall validate any land use or structure established, constructed or maintained in violation of the prior Code, unless such validation is specifically authorized by this Code and is in conformance with all other regulations.

(f)

Application During Local Emergency. The Board of Supervisors may authorize a deviation from a provision of this Code during a local emergency declared and ratified under the Yuba County Ordinance Code. The Board of Supervisors may authorize a deviation by resolution without notice or public hearing.

(Ord. No. 1624)

Any permit, license or approval issued pursuant to this Code must be consistent with the Yuba County General Plan and all applicable specific plans. In any case where there is a conflict between this Code and the General Plan, the General Plan shall prevail.

(Ord. No. 1624)

Any building or structure for which a building permit was issued under the prior ordinance code may be completed in accordance with plans, specifications, and permits upon which the building permit was granted, provided at least one inspection had been requested prior to adoption of this ordinance and provided that construction is diligently pursued. Upon completion of the structure, the occupancy permit shall allow the uses

allowed under the project's permits and conditions of approval. No extensions of time shall be granted for commencement of construction unless it complies with the provisions of this Code.

(Ord. No. 1624)

If any section, subsection, paragraph, sentence, clause or phrase of this Code is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Code. The Yuba County Board of Supervisors hereby declares that it would have passed this Code, and each section, subsection, sentence, clause and phrase thereof, regardless of the fact that any or one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

(Ord. No. 1624)

The Board of Supervisors shall establish by resolution, and may amend and revise from time to time, fees for processing the discretionary entitlement applications and other permits authorized or required by this Code. All fees shall be paid at the time an application is filed, and no processing shall commence or when applicable hearing scheduled until the fees are paid in full.

(Ord. No. 1624)

CHAPTER 11.02 - RULES FOR CONSTRUCTION OF LANGUAGE