Chapter 19.48
GENERAL PROVISIONS AND EXCEPTIONS
Sections:
19.48.010 Regulations generally.
19.48.030 Removal of rock, sand, topsoil.
19.48.050 Temporary uses--Caretaker units.
19.48.055 Temporary uses--Hardship situations.
19.48.080 Recreational vehicles, mobile homes, recreational vehicle parks and mobile home parks.
19.48.125 Home occupation regulations.
19.48.130 Junk and junkyard regulations.
19.48.135 Weddings and social gatherings.
19.48.140 Bed and breakfast inns.
19.48.150 Commercial wireless service facilities.
19.48.160 Cargo container regulations.
19.48.170 Small wind energy systems.
19.48.180 Child day care facilities and family day care homes.
19.48.190 Special needs housing.
19.48.010 Regulations generally.
Where specifically noted, the regulations specified in this title shall be subject to the following general provisions and exceptions as set out in this chapter. (Ord. 351 §12(part), 1962).
19.48.020 Music festivals, games, shows, exhibitions, activities, amusements, entertainments and gatherings.
Any music festivals, games, shows, exhibitions, activities, amusements, entertainments and gatherings attracting one thousand or more persons shall be regulated as set forth in Chapter 5.08 of this code. (Ord. 637 §2, 1978).
19.48.030 Removal of rock, sand, topsoil.
Removal of minerals, rock, sand, gravel or topsoil, including building and construction materials to be used for commercial purposes, may be allowed if a use permit is first secured in each case. This does not include the on-site excavation or removal of materials for construction of a foundation or where such removal is motivated by land levelling as its prime objective. (Ord. 351 §12.1(1), 1962).
19.48.050 Temporary uses--Caretaker units.
A. The planning commission may permit temporary uses for caretaker units, as defined below in this section, in undeveloped areas for a maximum period of two years; and in developed areas for a maximum period of six months; providing a use permit is secured in each case. These uses are intended to be temporary only; therefore, no renewal of a use permit granted under this section is permitted, except for presently existing use permits which were granted before December 1, 1982, as provided in subsection D of this section.
B. For the purpose of this section, an undeveloped area means any parcel which is ten acres or more in size, and where the average size of all parcels contiguous to such parcel is ten acres or more. A parcel shall be considered to be in a developed area if it does not meet the above undeveloped area criteria.
C. A "caretaker" as referred to in this section means either:
1. Any person or family who is only on the premises during long-duration absences of the property owner and who submits proof to the satisfaction of the county that such person or family provides continuing manual labor, maintenance services, or security services for substantial improvements on the property; or
2. A mobile home or recreational vehicle to be used temporarily for watchman’s quarters or office space for an existing business, industrial use, or public facility where the location of the unit will not, in the opinion of the county, detract from the aesthetics of the area and the stated and demonstrated intent of the permittee is to eventually erect a permanent structure for such purposes.
D. Temporary use permits for mobile homes or recreational vehicles granted by the planning commission prior to December 1, 1982 may be renewed by the planning director without public hearing if the planning director finds sufficient cause to approve the renewal; provided, however, that the renewal application shall be made and public notice of such application shall be given in the manner described in Chapter 19.56, use permits. Such notice shall indicate the intent of the planning director to renew the temporary use permit without a hearing unless sufficient reasons are provided not to renew the use permit. A description of the appeals process (Chapter 19.64) shall be contained within the notice. The planning director shall decide upon the use permit renewal application within ten days after the notice is mailed. Approved renewed use permits shall become valid following the ten-day appeal period if no appeals are filed. (Ord. 1149 §2, 1987).
19.48.055 Temporary uses--Hardship situations.
A. The planning commission (or, in medical hardship cases under subsection (B)(1) of this section, the planning director) may permit temporary uses for mobile homes or recreational vehicles as defined in this title for hardship situations, as defined below in this section, for periods as prescribed below in this section.
B. For the purposes of this section, a "hardship situation" means:
1. A person or family with an existing dwelling on a parcel wants to:
a. Have a temporary mobile home or recreational vehicle to provide accommodations for an immediate family member in need of medical or other constant care for a long-term duration; or
b. Have a temporary mobile home or recreational vehicle to provide accommodations to a caregiver who provides care and assistance for a resident of the existing dwelling on the parcel; or
2. Fire, flood, or other disaster has destroyed or damages a dwelling to the point where it is no longer habitable and the property owner needs a temporary mobile home or recreational vehicle in which to reside for a period which may be longer than allowed under Section 19.48.080(C) of this code.
C. Temporary medical hardship uses described in subsections (B)(1)(a) and (b) of this section for mobile homes or recreational vehicles may be granted by the planning director without public hearing for two-year periods and renewed from time to time for two-year periods; provided, that in all such cases proof of a medical need satisfactory to the county is submitted and reestablished with each renewal application. Each such initial or renewal application shall be made and public notice of such application shall be given in the manner described in Chapter 19.56, Use Permits. Such notice shall indicate the intent of the planning director to grant or renew the temporary use permit without a hearing unless sufficient reasons are provided not to renew the use permit. A description of the appeals process (Chapter 19.64) shall be contained within the notice. The planning director shall decide upon the use permit renewal application within ten days after the notice is mailed. Approved use permits shall become valid following the ten-day appeal period if no appeals are filed.
D. Initial temporary disaster relief hardship use permits described in subsection (B)(2) of this section for mobile homes or recreational vehicles may be granted by the planning director for a three-year period without public hearing if the planning director finds sufficient cause to approve the application. Requests for renewal of such use permits shall be made to the planning commission, which may renew the permit for an additional one-year period upon a showing of good cause. (Ord. 1826 §2, 2022; Ord. 1408 §2, 1996; Ord. 1149 §3, 1987).
19.48.060 Private stables.
The following regulations shall apply in all cases where a use permit has been issued for the maintenance of a private stable:
A. The minimum lot area upon which horses may be kept is one acre, and two horses may be kept on such area. One additional horse may be kept for each twenty thousand square feet by which the parcel of land exceeds one acre.
B. Stables shall not be located closer than twenty feet from the side lines, and not closer than fifty feet to the front lot line. Paddocks shall be located on the rear half of the lot and not closer than twenty feet to any property line, nor closer than forty feet from any dwelling on the same or adjacent property. (Ord. 351 §12.2(1), 1962).
19.48.065 Livestock setbacks.
Enclosed pens and feeding areas for livestock on parcels less than ten acres in size shall observe a minimum twenty-five-foot setback from all property lines. (Ord. 1409 §2, 1996).
19.48.080 Recreational vehicles, mobile homes recreational vehicle parks and mobile home parks.
A. Two recreational vehicles without self-contained motive power may be stored outside of an enclosed structure on any lot or parcel in any district. This section is not applicable to recreational vehicles without self-contained motive power stored inside an enclosed structure, or those recreational vehicles with self-contained motive power.
B. 1. The planning commission may issue a use permit as provided in Chapter 19.56 of this title, to allow one occupied mobile home on any parcel in any A or AG zone district provided, that the occupied mobile home shall be used for farm-labor quarters as defined in this title; or in any AG zone district when used as housing for an immediate family member of the landowner and provided that said mobile home use permit must be found to be consistent with family density provisions of the county general plan. Use permits may be granted on a two-year renewable basis in the A zone district and five-year renewable basis in the AG zone district. Use permit renewal requests may be renewed by the planning director without public hearing if the planning director finds sufficient cause to approve the renewal; provided, however, the renewal applications shall be made and accepted as complete, and shall upon receipt of a complete application mail out a notice describing the application to all owners of property, as shown on the most recent available tax roll, within a distance of at least three hundred feet in all directions from the subject parcel. Such notice shall indicate the intent of the planning director to renew the temporary use permit without a hearing unless sufficient reasons are provided not to renew the use permit. A description of the appeals process (Chapter 19.64) shall be contained within the notice. The planning director shall decide upon the use permit renewal application within ten days after the notice is mailed. Approved renewed use permits shall become valid following the ten-day appeal period if no appeals are filed.
2. As provided in Chapter 19.56, on securing a use permit for a farm-labor camp, more than one occupied mobile home or recreational vehicle may be permitted on any parcel in any AG district for a period not to exceed sixty consecutive days in any given year.
C. 1. On issuance of a use permit by the planning department, one occupied recreational vehicle may be allowed on any lot or parcel in any A, AG, R1A, R1, RE or X district; provided, that no use permit shall be granted or issued until the applicant has first secured a permit to construct a permanent residence on the same premises.
2. Such use permit shall be valid coterminous with the building permit.
D. On securing a use permit as provided in Chapter 19.56, construction recreational vehicle parks may be permitted in U, A, M or T districts, to provide housing for a temporary labor force; provided, that such recreational vehicle parks shall conform to all applicable provisions of state law, and shall further conform to the provisions of Section 19.24.030 of this title.
E. Permanent mobile home parks shall conform to all applicable provisions of state law and to the provisions of Section 19.24.030. In addition:
1. The yards required in Section 19.24.040 (T2 district) may be reduced to ten feet; provided, that the perimeter of the site is bounded by a solid fence six feet in height or by an equivalent hedge or screen planting approved by the planning commission;
2. Each mobile home space shall contain at least two thousand four hundred square feet and shall be not less than forty feet wide and clearly defined. The difference between the area of an individual mobile home space and four thousand square feet shall be devoted to landscaping, common recreation areas, service areas, roads and paths.
F. In any recreational or construction recreational vehicle park, each recreational vehicle space shall contain not less than one thousand five hundred square feet, and shall be not less than thirty feet wide and clearly defined.
G. 1. No person may establish, use or occupy a camp, campsite or camping area for living or sleeping purposes in a recreational vehicle or otherwise except within an approved and authorized public or private recreational vehicle park or camping area which is equipped and operated for such use.
2. Exceptions to the provisions of this subsection are:
a. Temporary use and occupancy of recreational vehicles for such purposes is permitted on a private site owned by the use occupant, or with the written consent of the site owner, for a period not to exceed sixteen days in any calendar year. (Ord. 1826 §3, 2022; Ord. 1388 §4, 1995).
19.48.090 Height regulations.
A. Chimney, vents and other architectural mechanical appurtenances may be erected to a greater height than the limit established for the district in which the building is located.
B. Gas holders, radio, microwave radio relay and T.V. transmission towers, monuments, water tanks and similar structures may be erected to a greater height than the limit established for the district in which they are located, subject to securing a use permit in each case.
C. Any building in any R district may be erected to a greater height than the limit established for the district in which the building is to be located; provided, that the required side yards shall be increased by one foot for each one foot over the height limit and subject to securing a use permit in each case.
D. Any building in any C or M district may be erected to a greater height than the limit established for the district in which the building is to be located; provided, that the cubical contents of the building shall not be greater than that possible for a building erected within the height limit, subject to securing a use permit in each case.
E. In a district with a height limit of less than seventy-five feet, public and quasi-public buildings, schools, churches, hospitals and other institutions permitted in such district may be erected to a height not to exceed seventy-five feet; providing, that the front, rear and side yards shall be increased one foot for each one foot of height that such building exceeds the height limit hereinbefore established for such district.
F. Upon the securing of a permit as provided in Chapter 19.56 of this title, any building may be erected to a height exceeding that hereinbefore specified for the respective districts; provided, that the total floor area of such building shall not exceed that possible for a building in such respective district specified for such district. (Ord. 351 §12.3, 1962).
19.48.100 Building site area.
A. The use of land as permitted for the district in which it is located shall be permitted on a building site of less area or frontage than that required by the regulations for such district, providing such is shown as a lot on a subdivision map of record or is a parcel of land which was under one ownership on June 13, 1962, and provided that in either case the owner of such lot has not owned or purchased any adjoining property since June 13, 1962.
B. Land proposed as a building site and not having its principal frontage on a public street or private road may be used as a building site, providing a use permit is first secured. (Ord. 351 §12.4, 1962).
19.48.105 Prohibition of new residential parcels of less than forty thousand square feet in size without being served by a public sanitary sewer.
No land division or subdivision which would, if approved, create any residential parcel of less than forty thousand square feet in size shall be approved in any district unless each such parcel of less than forty thousand square feet proposed to be created is served by a public sanitary sewer. (Ord. 762 §4, 1981).
19.48.110 Yards and setbacks.
A. In any case, where an official plan line has been established as a part of the street and highway master plan, the required setback from the street side shall be measured from such official plan lines and in no case shall the provisions of this title be construed as permitting any structure to extend beyond such official plan line.
B. In any case where a building line has been established in accordance with Chapter 19.44, the required setback from the street shall be not less than the distance from the street specified for such building line and in no case shall the provisions of this title be construed as permitting any structures to extend beyond such building line.
C. Cornices, eaves, canopies and similar architectural features may extend into any required setback not exceeding two and one-half feet.
D. Uncovered porches or stairways, fire escapes or landing places may extend into any required front setback or rear setback not exceeding six feet, and into any required side setback not exceeding three feet.
E. In any R district, where fifty percent or more of the building sites on any one block or portion thereof in the same district have been improved with buildings, the required front setback shall be of a depth equal to the average of the front yards of the improved building site, to a maximum of that specified for the district in which such building site is located.
F. In case a building site is less than sixty feet in width, side yards equal to ten percent of the lot width but no less than three feet shall be required in lieu of side yard requirements in any zoning district.
G. Any dwelling use to be located in any C district shall provide side and rear yards as required in the R-3 district; provided, that this shall not apply to any dwelling use to be located over a commercial or industrial establishment.
H. In case an accessory building is attached to the main building, it shall be made structurally a part thereof and shall comply in all respects with the requirements of this title applicable to the main building.
I. Detached accessory buildings shall not be located closer than six feet to the main building and shall not be located closer to the front property line than the required front setback. In no case shall any accessory buildings be located within six feet of the sidelines of the front half of any adjacent lot.
J. Except as otherwise provided in this title, detached accessory buildings used as accessory dwelling units (as defined in Chapter 19.72) or as living or sleeping quarters of any kind shall be at least six feet from rear or side property lines and at least six feet from the main building.
K. Detached accessory buildings shall not be located within six feet of any alley or one foot of any lot line on the rear one-half of the lot, and shall not encroach on any easement or right-of-way of record.
L. In case of a lot abutting upon two or more streets, the main building and accessory buildings shall not be erected so as to encroach upon the front setback required on any of the streets.
M. Minimum Setbacks. The distance of fifty feet measured at right angles to the centerline of the traveled roadbed of all county and state highways is established as a minimum setback for all buildings or structures erected or constructed after October 14, 1959, in any part of the unincorporated area of the county, and no part of any building or structure hereafter erected shall extend to a point closer to said line than said minimum. (Ord. 1800 §3, 2020; Ord. 1514 §9, 2000; Ord. 351 §12.5, 1962).
19.48.125 Home occupation regulations.
Home occupations as defined in Section 19.08.335 in this title shall be allowed in the zone districts cited in this chapter; provided, however, that a use permit is obtained from the planning department; and further provided that the permittee must meet and follow the criteria and requirements set forth below in this section.
A. Prior to the establishment of a home occupation, any person who wishes to conduct a home occupation shall file an application with the planning department, and shall pay the required fee and provide a description of the occupation, the number of people to be engaged in the occupation, the hours of operation, parking arrangements, and a plot plan of the property showing the proposed location of the home occupation. The planning department shall hold the application for ten days after it is received and accepted as complete, and shall upon receipt of a complete application mail out a notice describing the proposed home occupation to all owners of property, as shown on the most recent available tax roll, within a distance of three hundred feet in all directions from the subject parcel. If the planning department receives opposition to the permit application within ten days after the mailout, or if the permit is considered by the planning director to be an activity which is not clearly subordinate and incidental to the residential use than that which should be permitted as a home occupation, the planning director may deny the permit. The applicant or any interested person may appeal the planning director’s decision pursuant to Chapter 19.64 of this title within ten days after the planning director’s determination on the permit application.
B. Home occupations shall be clearly incidental and subordinate to the residential use of the property and shall not occupy more than twenty-five percent of the floor area of the dwelling, and in no case more than two hundred fifty square feet. Home occupations may be conducted in an attached garage or detached building subject to the two hundred fifty square foot maximum floor area restriction. A detached accessory building used for a home occupation shall not be closer to the front property line than the dwelling unless:
1. The detached accessory building has been completed for at least one year prior to the permit application for the home occupation, and complies in all respects with the requirements of Title 15 of this code (building regulations);
2. Physical problems associated with the parcel exist that make such a requirement unfeasible; or
3. Circumstances unique to the parcel render such a requirement unnecessary.
C. No more than one employee shall be employed in the home occupation.
D. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation, other than one nonilluminated sign located within the boundaries of the parcel meeting the following criteria: on parcels 4.99 acres or smaller, the sign shall not exceed two square feet in area, and must be located within ten feet of the dwelling on the property. On parcels five acres or larger, the sign may be up to four square feet in area, and may be located at any place within the boundaries of the property.
E. There shall be no sale of products other than products which are hand-crafted by the proprietor(s) of the home occupation or which are directly related and incidental to a service provided.
F. No traffic shall be generated by the home occupation in greater volume than would normally be expected in a residential neighborhood. The home occupation may not use any on-street parking for its employee, customers or clients.
G. No equipment or process shall be used in such home occupation which creates excessive noise, vibration, glare, fumes, odors or electrical interference which may, in the judgment of the county, be objectionable to nearby residents.
H. Home occupations are allowed only in R1, R1A, RE, A, AG and X districts. (Ord. 1297 §2, 1992).
19.48.130 Junk and junkyard regulations.
A. It is unlawful for any person to establish a junkyard as defined in Section 19.08.360 of this code unless otherwise permitted in this code. Junkyards established contrary to this section shall be declared a public nuisance.
B. Commercial junkyards may be established in the C2 heavy commercial district, the M manufacturing district and the X special use district with an approved use permit issued pursuant to Chapter 19.56 of this title.
C. Junkyards found to be a legal, nonconforming use pursuant to Chapter 19.60 of this title shall continue to be considered a lawful use only if within eighteen months of notice from the Amador County planning department the junkyard is found to be adequately screened from view. Adequate screening shall be, at a minimum, a reasonably constructed fence or vegetative barrier which sufficiently blocks from public view any junk. (Ord. 1135 §5, 1987).
19.48.135 Weddings and social gatherings.
Nothing contained in the zoning regulations of this code shall prohibit a private landowner in any zone district from conducting a wedding or social gathering on his or her property for friends, relatives or social organizations of which he or she may be a member provided there is no compensation, monetary or otherwise, for said function. Nothing contained in this section shall prohibit the county from proceeding, under law, to abate a public nuisance. (Ord. 1256 §7, 1991).
19.48.140 Bed and breakfast inns.
A. The following regulations shall be applied as minimum conditions of approval in all cases where a use permit has been issued for a bed and breakfast inn:
1. Only short-term lodging shall be provided.
2. Only breakfast shall be served and service shall be restricted to guests only, not the general public.
3. Adequate parking shall be provided: A minimum of one off-street parking space per guest room plus one space for the owner or manager.
4. Owner or manager shall be required to occupy the property.
5. Bed and breakfast inns shall be required to comply with the Amador County building code and health department requirements.
6. The bed and breakfast inn shall be restricted to one advertising structure (i.e., sign) which may be either freestanding or affixed to the main building.
On parcels of five acres or more said sign shall not have an advertising surface of one side greater than sixteen square feet. On parcels less than five acres said sign advertising surfaces may, on each side, be illuminated by a single, nonflashing light source not exceeding the equivalent of one-hundred-fifty-watt light bulb aimed directly at the sign and shielded from neighboring properties. On parcels of five acres or more permitted illumination shall be of a nonflashing type, but, without restriction as to wattage unless found to be necessary.
7. Bed and breakfast inns may be approved in an existing dwelling in the following zone districts: R-1, R-2,
R-3, RE, A, AG, C-1, C-2, X, R1-A and PD. Due to the fact that an existing residential dwelling in an agricultural, industrial or commercial area may be approved for conversion to a bed and breakfast inn there is a potential for a future conflict in land use. In order that future owners or patrons of bed and breakfast inns in these instances will not eventually attempt to curtail what they believe to be incompatible adjacent land uses, a notice shall be prominently placed on the issued use permit which warns the permittee that the permit was approved with full knowledge of said agricultural, industrial or commercial uses on adjacent or nearby properties.
The following regulations shall be additionally applied as minimum conditions of approval in all cases where the bed and breakfast inn will be permitted to hold commercial weddings:
8. The use permit shall contain a maximum number of allowed persons per event.
9. A minimum of one on-site parking space per two function guests shall be provided. Said parking area must be maintained in a dust-free manner.
10. The inn shall secure written verification from the Amador County Health Department that the sewage disposal facilities are sufficient to serve the maximum allowed number of function guests.
11. On-site food preparation must be in conformance with applicable state and local health codes.
B. Other use permit conditions may be applied to a bed and breakfast operation as conditions of approval, including, but not limited to, days and hours of operation, number of events per year, serving of alcohol and/or food, and playing of music.
C. As an alternative to a single-family dwelling being used as a bed and breakfast inn, an applicant may request a use permit for detached room units to be used as short-term lodging. The following regulations shall be applied as minimum conditions of approval in all cases when a use permit has been issued for detached room units:
1. Detached room units will require a conditional use permit from the planning commission;
2. The parcel will include an existing licensed and bonded winery;
3. The detached room units will be placed within a one-acre area;
4. The minimum parcel size will be twenty acres;
5. The minimum property line setback will be one hundred feet;
6. Only short-term lodging shall be provided;
7. Only breakfast shall be served and service shall be restricted to guests only, not the general public;
8. A minimum of one off-street parking space shall be provided for each unit;
9. The owner or manager shall be required to occupy the property in a primary or accessory dwelling unit;
10. Detached room units shall be required to comply with the Amador County building code and environmental health department requirements;
11. A maximum of five detached room units up to three hundred fifty square feet each shall be allowed for short-term rentals on any parcel. (Ord. 1835 §2, 2023; Ord. 1256 §8, 1991).
19.48.150 Commercial wireless service facilities.
A. Purpose. This section provides for the orderly development of wireless service facilities to encourage appropriate locations, protect the character of neighborhoods and communities, reduce the potential for health and safety hazards, and maintain the visual quality of Amador County, especially along highways and roadways.
B. Allowed Zone Districts. Wireless service facilities and ancillary equipment buildings shall only be allowed in the following zone districts (except those described in subsection C of this section): "A," "AG," "C-1," "C-2," "H," "LM," "MM," "M," and "TPZ"; on parcels twenty acres or larger in size in the "R1-A" and "X" zone districts when located in the following General Plan classifications: A-G, A-M, A-U, MRZ, and G-F; and on parcels, regardless of zoning or size, owned by a public entity or public utility located in the PS General Plan classification.
C. Permitted without a Use Permit. Facilities that are building mounted or totally enclosed within a building shall be permitted in any zone district. Building mounted facilities in a residential or other zone district shall be located or screened so as to prevent any public view or shall be architecturally designed to appear as an integral part of the building on which it is attached. The height is limited to that allowed in the district in which located.
D. Staff Issued Use Permits. Use permits may be issued by the planning department staff for wireless service facilities which are up to fifty feet in height, provided the application and approval are consistent with subsections F and G of this section. Prior to issuing a permit, the planning department staff shall notify affected property owners (as determined by the planning department staff). If the planning department receives opposition to the permit application within ten calendar days after notifying affected property owners, the permit may be denied. The applicant or any interested person may appeal the planning department decision pursuant to Chapter 19.64 of this title within ten calendar days after said decision. Approved use permits shall become valid following the ten-day appeal period if no appeals are filed.
E. Permitted with an Approved Use Permit. Wireless service facilities more than fifty feet in height and ancillary equipment buildings shall be allowed upon approval of a conditional use permit in the allowed zone districts (listed in subsection B of this section) in accordance with Chapter 19.56 (Use Permits) of the Amador County Code.
F. Application Requirements. The following shall apply to all applications for wireless service facilities:
1. Alternate Site and Network Analysis. As part of a complete application, the applicant shall submit proof that all alternate sites have been explored and analyzed. The method of analysis shall be reviewed by the planning department staff. The applicant shall provide a map and analysis of existing facilities and a report explaining why co-location is not feasible.
2. Photo Simulations. As part of a complete application, the applicant shall submit relevant colored photo simulations acceptable to the planning department staff of the proposed wireless services facility from all relevant view sheds, roadways and neighboring properties.
3. RF Requirements. The application for a use permit shall contain a report or summary of the estimates of the non-ionizing radiation generated by the facility. The report shall include estimates of the maximum electric and magnetic field strength at the edge of the facility site, the extent that measurable fields extend in all directions from the facility.
G. Development Standards.
1. Aesthetic Considerations. Decisions on all use permits shall take into consideration the aesthetic impact of the proposed wireless service facility and shall include conditions of approval to minimize the visual impact of the wireless service facility as seen from roadways and other properties should any adverse effects be noted. Facilities that are judged to adversely affect the visual quality of the county shall be denied. Colors and materials shall blend with existing structures and vegetation.
2. Screening. Any new support facilities, including ancillary equipment buildings, visible from residential properties or from major arterial streets shall be screened or camouflaged to mitigate adverse visual impacts.
3. Skyline. Facilities shall not adversely affect public views of skylines or skyline views from other properties. The scale of all facilities shall be consistent with existing structures and vegetation. The height of facilities shall not exceed existing tree lines or buildings along a skyline by more than fifteen feet.
4. Lighting. No lighting on wireless service facilities shall be allowed. Security lighting may be allowed on ancillary equipment buildings if approved with a conditional use permit. All security lighting shall be shielded from roadways, traffic and other properties.
5. Setbacks. All wireless service facilities shall have a minimum building setback from all property lines and public road rights-of-way equal to the height of the facility. Setback waivers shall be approved through the conditional use permit process.
6. FAA Recommendations. The recommendations outlined in the FAA Advisory Circular pertaining to the marking of hazards shall be applied by staff in a prudent manner on a case by case basis.
H. Co-location. A use permit shall be required for all co-located facilities that will extend an existing site or structure by more than ten feet above the originally permitted structure and are subject to the application requirements and development standards of this section.
I. Other Considerations. Wireless service facilities are subject to all other applicable regulations and permits, including those of the Public Utility Commission (PUC) of the state of California and the Federal Communications Commission (FCC). A building permit is required for all wireless service facilities and ancillary equipment buildings.
J. Abandoned Wireless Facilities. All wireless service facilities (referred to as "facilities") and equipment that are not used for a period of six months shall be removed from the site and the site cleared of any debris by the permittee within ninety days after notice from the county. If the permittee has not done so within such ninety-day period, the county may effect the removal using the bond described in subsection K of this section.
K. Security. At the time any permittee obtains a permit for a wireless service facility or other equipment, the permittee shall provide a performance bond in the amount of one hundred percent of the county’s estimated cost for removal of the facility and other equipment, including administrative costs. Said amounts may be revised by the county. The bond shall be utilized by the county in the event that the permittee fails to remove the facility and/or other equipment. If the cost of removal thereof exceeds the bond amount, the landowner, if a different person or entity from the permittee, shall remove the remaining portions of the facility and/or other equipment at the landowner’s expense or pay to the county the costs necessary to complete the removal.
L. Definitions. As used in this section, the following terms shall have the meaning indicated:
1. Wireless Service Facility. This term shall refer to all facilities providing wireless service, such as towers, lattice towers, guy-wired towers, poles, monopoles, rods, antennas, panel antennas, whip antennas, cellular communication systems, microwave dishes, equipment shelters, reflecting discs or similar devices used for the transmission and/or reception of electromagnetic waves.
2. Height. "Height" shall mean, when referring to a tower (as part of a wireless service facility) or other structure, the distance measured from the ground level to the highest point on the facility or other structure which is greater than two inches in diameter.
3. Radio Frequency (RF). The portion of the electromagnetic spectrum between the audio-frequency portion and the infrared portion. (Ord. 1698 §3, 2010: Ord. 1548 §4, 2002).
19.48.160 Cargo container regulations.
A. Purpose. This section establishes regulations for the use of cargo containers that will provide for the orderly placement of cargo containers in appropriate locations to protect the character of neighborhoods and communities, reduce the potential for health and safety hazards, and maintain the visual quality of Amador County.
B. Definition. A "cargo container" refers to a container made of steel or other similar material which is designed for securing and protecting items for transport or temporary storage. Cargo containers include, but are not limited to, containers commonly used as shipping containers on ships and railroads, and/or tractor-trailers, PODS (Portable On Demand Storage) and other similar units. Signs shall not be permitted on, or attached to, cargo containers, except those signs required by law that contain public safety information for the container. For the purposes of this section, a cargo container shall be referred to as a "container."
C. Temporary Use. Containers shall be allowed in any of the zone districts listed in subsection D of this section for a period not to exceed sixty consecutive days in any one calendar year. If the placement of the container(s) exceeds sixty consecutive days in any one calendar year, the container(s) shall meet the requirements specified in subsection D of this section.
D. Allowed Zone Districts. Containers shall be allowed in the "A," "AG," "TPZ," "R1-A," "RE," "R-1," "R2-A," "R-2," "X" (when in a residential, agricultural, or MRZ, mineral resource zone general plan designation), "C-1," "C-2," "MM," and "M" zone districts subject to meeting the following criteria:
1. Parcels six acres or less in size and zoned "R1," "R-2," "R2-A," "R1-A," "RE," and "X" (when in a residential general plan) shall be limited to one container.
2. All containers placed in a zone district listed in this subsection shall, at a minimum, meet structural setbacks for the zone district in which located or those required pursuant to Amador County Code Chapter 15.30, whichever is greater, as well as those setbacks outlined in Section 19.48.110(I), Yards and Setbacks.
3. Containers shall be painted a solid neutral color, or a color(s) that match the adjacent structures. Acceptable neutral colors include, but are not limited to, beige, taupe, and browns. Colors shall be maintained for the life of the container.
4. Storage of hazardous materials shall be subject to applicable regulations established in the Health and Safety Code Section 25503.5.
E. Additional Requirements. Containers proposed to be utilized as mini-warehouses or in conjunction with a mini-warehouse operation shall be subject to a use permit pursuant to Chapter 19.56. The use permit shall, at a minimum, comply with the criteria established for mini-warehouses in Section 19.08.396 as well as the criteria established in subsection C of this section.
F. All Other Zone Districts. Containers may be allowed in all other zone districts subject to obtaining a use permit pursuant to Chapter 19.56.
G. Building Permits. Building permits shall not be required for the placement of containers unless or until the container is altered or modified (in a manner that requires a building permit). Additionally, cargo containers may only be used for human occupancy, subject to a building permit, when consistent with all general plan policies and zoning regulations. (Ord. 1679 §6, 2008: Ord. 1647 §6, 2006).
19.48.170 Small wind energy systems.
A. Purpose. The purpose of this section is to provide for the installation of small wind energy systems to promote the safe, effective, and efficient use of small wind energy systems to reduce the on-site consumption of utility supplied electricity. These regulations are intended to ensure that small wind energy systems are designed and located in a manner that minimizes visual, noise, and safety impacts on the surrounding community.
B. Definitions. For purposes of this section, the following definitions apply:
1. "Small wind energy system" shall mean a structure consisting of a turbine tower, nacelle, and rotor blades designed to capture energy from the wind and be used primarily to reduce on-site consumption of utility power. Roof-mounted systems are not included in this chapter.
2. "System height" means the total height of the tower at the existing grade to the furthest vertical extension of any axial-rotating turbine blades.
C. Use Permit Required. Small wind energy systems may be installed and operated on parcels ten acres in size or larger in the following zone districts: AG, A, R1A, RE, X, and TPZ; provided, that a use permit is first obtained pursuant to Chapter 19.56.
D. Development Standards. Small wind energy systems shall be subject to the following development standards:
1. System height to be permitted shall be determined on a case-by-case basis by the planning commission to minimize impacts on neighboring properties. Application shall include evidence that the proposed height of the system does not exceed the height recommended by the manufacturer or distributor of the system.
2. Setbacks shall be determined on a case-by-case basis by the planning commission to minimize impacts on neighboring properties. In no case shall the system be closer to the property line or any habitable structure than one and one-quarter times the system height.
3. No more than one system shall be allowed on parcels less than twenty acres in size and no more than two systems shall be allowed on parcels twenty acres or more in size.
4. The visual impacts of the system shall be minimized to surrounding properties. Towers and blades shall be painted a nonreflective, unobtrusive color that blends the systems and its components into the surrounding landscape to the greatest extent possible and incorporate nonreflective surfaces to minimize any visual disruption. Colors and screening will be determined on a case-by-case basis through the permitting process.
Notwithstanding the above, in the event a small wind energy system is proposed to be sited in an area that may have aircraft operating at low altitudes, the county may impose reasonable precautions, such as requiring marking of the systems to increase visibility for pilots, or other conditions.
5. Noise emitted from the system shall not exceed the lesser of (a) sixty dBA CNEL at any property line, or (b) any existing maximum noise levels established pursuant to the noise element of the general plan for the applicable land use category.
6. System lighting shall be prohibited unless required to meet FAA requirements pursuant to subsection (D)(11) of this section.
7. System climbing apparatus and blade tips of the turbine shall be no closer than twelve feet from ground level.
8. The system’s utility lines shall be underground where economically practical.
9. The system’s maximum power shall not exceed fifty kilowatts.
10. The system shall be designed and constructed in compliance with the then-current edition of the California Building Standards Code. The safety of the design and construction shall be certified by a California-licensed mechanical, structural or civil engineer.
11. The system shall comply with all applicable Federal Aviation Administration requirements, including Subpart B (commencing with Section 77.11) of Part 77 of Title 14 of the Code of Federal Regulations regarding installations close to airports, and the State Aeronautics Act (Part 1) (commencing with Section 21001) of Division 9 of the Public Utilities Code.
E. Limitation on Location of Systems. Small wind energy systems shall not be located in any of the following areas:
1. Visible from any scenic highway corridor identified in the county’s general plan;
2. On a site that is listed in the National Register of Historic Places, or the California Register of Historic Resources; or
3. Within the area covered by an adopted airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport.
F. Notice to Electric Utility Service Provider. The applicant shall provide information demonstrating the system will be used primarily to reduce on-site consumption of electricity. If the applicant plans to connect the system to the electricity grid, the applicant must include evidence that the electric utility service provider serving the proposed site has been informed of the applicant’s intent to install an interconnected customer-owned electricity generator.
G. Abandonment. The county may require the removal of any small wind energy system that remains inoperable for twelve consecutive months. The permittee shall remove the small wind energy system, along with any associated equipment or debris within ninety days following notice from county to remove the system. In the event the permittee fails to remove the small wind energy system along with any associated equipment or debris from the site as required by the written notice, the county may cause the removal of the systems, along with any associated equipment and debris by utilizing the performance security as provided in this chapter.
H. Performance Security. At the time a permittee obtains a building permit for the small wind energy system, permittee shall provide to county a performance security in the form of cash, cashier’s check, certified check, or other form acceptable to the county. The amount of the security shall be one hundred percent of the county’s estimated cost to remove the small wind energy system and equipment, which shall also include the county’s anticipated administrative costs. The security shall guarantee the faithful performance of all terms and conditions of the use permit.
I. Costs of Removal Deducted from Performance Security. If the county causes the removal of a small wind energy system as provided in this chapter, the cost of the associated work and the county’s administrative costs shall be deducted from the permittee’s performance security. If the performance security is insufficient to fully reimburse the county for the cost of the work, the landowner, if different than the permittee, shall be jointly responsible for removing any remaining portion of the small wind energy system, along with any related equipment and debris.
J. Performance Security--Refund. Upon satisfactory removal of the small wind energy systems, along with any associated equipment or debris, any remaining portion of the performance security shall be returned to the permittee. Unless required by prior agreement or law, the amount returned will not include interest. (Ord. 1700 §2, 2010).
19.48.180 Child day care facilities and family day care homes.
A. Purpose. This section establishes standards for large and small family day care homes and day care centers consistent with state law and in a manner that recognizes the needs of families and operators, as well as minimizing the effects on surrounding properties.
1. Permitted Use. Small family day care homes shall be allowed in the following zone districts as a permitted use: A, AG, R1, R1A, R2, R2A, R3, RE, and X.
2. Use Permit Required. Large family day care homes may be allowed subject to an approved use permit in the following zone districts: A, AG, R1, R1A, R2, R2A, R3, RE, and X.
3. Day care centers shall be allowed in the following zone districts as a permitted use: C1, C2, and H. (Ord. 1739 §2(part), 2014).
19.48.190 Special needs housing.
A. Purpose. This section establishes standards for special needs housing consistent with state law and in a manner that recognizes the needs of special needs housing operators and minimizes the effects on surrounding properties.
1. Permitted Use. Special needs housing consisting of six or fewer individuals may be allowed in the following zone districts with a staff issued permit: A, AG, R1, R1A, R2, R2A, R3, RE, and X.
2. Use Permit Required. Special needs housing consisting of seven or more individuals may be allowed subject to an approved use permit in the following zone districts: R2, R3, C1, and C2. (Ord. 1739 §2(part), 2014).