Chapter 18.04
GENERAL PROVISIONS
Sections:
18.04.030 Purpose of provisions.
18.04.040 Area where applicable.
18.04.050 Applicability to public agencies.
18.04.060 Relationship to General Plan.
18.04.070 Application for approval—Procedures.
18.04.080 Interpretation of provisions.
18.04.090 Applicability to districts.
18.04.010 Short title.
The ordinance codified in this title shall be known and cited as the “Zoning Ordinance of the County of Alpine.” In any administrative action taken by any public official under the authority set forth in this title, the use of the term “Zoning Ordinance,” unless further modified, shall also refer to and mean said ordinance. (Ord. 453 § 1.01, 1985)
18.04.020 Adoption.
There is adopted a Zoning Ordinance for the county of Alpine, state of California, as provided by Title 7 of the Government Code of the state of California. (Ord. 453 § 1.00, 1985)
18.04.030 Purpose of provisions.
The ordinance codified in this title is adopted to promote and protect the public health, safety, morals, comfort, convenience and general welfare, and to implement the county General Plan and thus ensure sound and orderly development and the preservation and enhancement of the scenic beauty and natural features of the county for the benefit of property owners and the general public. (Ord. 453 § 2.00, 1985)
18.04.040 Area where applicable.
The provisions of this title shall apply to all lands and all owners of lands within all of the unincorporated areas of Alpine County. (Ord. 453 § 2.01, 1985)
18.04.050 Applicability to public agencies.
The provisions of this title, to the extent permitted by law, shall apply to all public bodies, districts and agencies, including federal, state, county, municipal and local (other than the county of Alpine); provided, however, that use permits, variances and zone changes may be applied for and granted to such governmental units without payment of the required application fee. (Ord. 453 § 2.02, 1985)
18.04.060 Relationship to General Plan.
A. State law requires that every county adopt a general plan which provides a long range and comprehensive view of the county’s intentions regarding growth and development. The zoning ordinance provides a critical link between this long range picture and the day-to-day land use decisions of local government. The county’s Zoning Ordinance must be kept in conformance with the general plan. It is, however, important to remember that the General Plan presents a picture of what land uses and population densities would be allowed in the future when the county approaches its maximum expected population and level of development. The Zoning Ordinance can require that lower densities and lesser intensities be enforced for the present time in order to assure the orderly, step-by-step achievement of maximum densities projected by the plan. (See General Plan Policy III-C-1.9.)
B. The question of timing, or when it is appropriate to allow an area to rezone for a more intensive use, becomes a very important decision to be made time and again by county officials. (Ord. 453 § 2.05, 1985)
18.04.070 Application for approval—Procedures.
A. The county General Plan allows two means by which land owners or their agents may apply for county approval of proposed land developments. One is through the conventional subdivision or parcelization process governed by the State Subdivision Map Act and county Subdivision Ordinance (County Ordinance No. 433-83). Owners or agents planning to develop properties by this method must have or obtain a general plan land use designation and zoning classification that allows the density and intensity proposed by the developer on the proposed development site before the county may approve the proposed development. In general, “density” refers to the number of persons per acre, “Intensity” refers to the number of buildings per acre.
B. Under this title, the county’s residential estate (RE) zone may specify a minimum parcel size which will be shown by a number following the RE symbol. This number will represent the minimum allowable parcel size in acres. (Example: RE-5 means all uses allowed in RE zones may be conducted on parcels no smaller than five acres in size.) Similarly, the county’s residential neighborhood (RN) zone may specify minimum parcel sizes by a number following the RN symbol but the number will represent the minimum allowable parcel size in thousands of square feet. (Example: RN-30 means all uses allowed in RN zones may be conducted on parcels no smaller than thirty thousand square feet.)
C. In cases where no number follows the RE or RN symbol, the minimum parcel size is set forth by the site’s General Plan land use designation unless or until the county determines larger parcel sizes must be required due to timing or site specific conditions. Minimum parcel sizes are specified for other zones in this title.
D. The county board of supervisors recognizes that due to special constraints and special values found within the county, traditional approaches to land division or development may cause hardship for developers or threaten the health, safety, peace, comfort or general welfare of the county or its citizens. A second approach to development is therefore provided which applies to all properties within the county except those designated by the General Plan as “Wilderness.” Under this second approach a developer may propose to concentrate development on parcels smaller than might otherwise be permitted by general plan or zoning density or intensity requirements. In order to create such smaller and more condensed developments, a developer must agree to set aside the balance of lands needed to satisfy density and intensity requirements as open space or common area. For example, a developer owning eighty acres which is General Plan designated open space (OS) and zoned agriculture (AG) may propose to divide the property into four equal twenty-acre parcels using the traditional approach to the development. Under the second approach the developer may on the same property propose to create four parcels one acre in size and set aside the remaining seventy-six acres without development for continued ranching or a similar open space use. This is one example. Other variations using the second approach can be proposed.
E. Developers utilizing the second approach shall apply for planned development zoning (Chapter 18.28) on that portion intended to contain development and land preserve or timber preserve zoning (Chapter 18.20 or 18.24) on the balance of lands to be set aside. Said zoning may be applied for before or concurrently with subdivision, use permit or any other required application. The board of supervisors may waive all or part of the required application processing fees if the proposed planned development clearly serves the public interest. (Ord. 453 § 2.06, 1985)
18.04.080 Interpretation of provisions.
Compliance with the provisions of this title does not relieve anyone from compliance with any other applicable ordinance or resolution of the county. In their interpretation and application, the provisions of this title shall be held to be minimum requirements. Where this title imposes a greater restriction than is imposed or required by other rules or regulations, the provisions of this title shall control. This title shall be interpreted as allowing only those uses specifically listed as the permitted uses and/or conditional permitted uses for a zone; uses not specifically listed are deemed prohibited. (Ord. 480 (part), 1988: Ord. 453 § 2.03, 1985)
18.04.090 Applicability to districts.
Except as otherwise provided in this title, no structure shall be erected, altered, or enlarged, nor shall any land or structure be altered or used in any manner other than is allowed in the district in which the structure or land is located. (Ord. 453 § 2.04, 1985)