Chapter 44
ZONING CODE

Sections:

Article 44-0: Definitions

44-0.10.    Definitions.

Article 44-1: Administrative Provisions

44-1.10.    Title.

44-1.20.    Purpose.

44-1.30.    Authority.

44-1.40.    Responsibility for Administration.

44-1.50.    Applicability.

44-1.60.    Interpretation.

44-1.70.    Permit application and review procedures.

44-1.80.    Types of Permits.

44-1.90.    Permit Implementation, Time Limits, and Extensions.

44-1.100.    Development Agreements.

44-1.110.    Zoning Code Amendment.

44-1.120.    Nonconforming Uses.

44-1.130.    Enforcement.

Article 44-2: Zoning Classifications, Allowed Uses, and Development Standards

44-2.10.    Establishment of Zoning Classifications.

44-2.20.    Agricultural Zoning Classifications.

44-2.30.    Residential Zoning Classifications.

44-2.40.    Commercial Zoning Classifications.

44-2.50.    Industrial Zoning Classifications.

44-2.60.    Natural Resources Zoning Classifications.

44-2.70.    Special Purpose Zoning Classifications.

44-2.80.    Overlay Zones.

Article 44-3: Site Planning Provisions

44-3.10.    Landscaping.

44-3.20.    Parking and Loading.

44-3.30.    Outdoor Lighting.

44-3.40.    Density Bonus.

44-3.50.    Sign Regulations.

44-3.60.    Special Planning Areas.

44-3.70.    Design Criteria.

44-3.80.    Addressing.

Article 44-4: Special Use Provisions

44-4.05.    Special Use Provisions.

44-4.10.    Accessory Units.

44-4.20.    Day Care Facilities and Group Care Centers.

44-4.30.    Residential Care Homes.

44-4.40.    Emergency Shelters.

44-4.50.    Multifamily Rental Housing Conversion.

44-4.60.    Mobile Home Park Conversion.

44-4.70.    Mobile Homes on Permanent Foundations.

44-4.80.    Temporary Uses.

44-4.90.    Home Occupations.

44-4.100.    Recreational Lodging Facilities.

44-4.110.    Animal Keeping.

44-4.120.    Cottage Food Operation.

44-4.130.    Agricultural Worker Housing.

44-4.140.    Caretaker Quarters.

44-4.150.    Adult Business Establishments.

Article 44-5: Resource Management Provisions

44-5.10.    Agricultural Buffers.

44-5.20.    Wetlands, Waterways, Riparian Habitat, and Sensitive Habitat.

44-5.30.    Habitat Mitigation Banks and Habitat Management Areas.

44-5.40.    Hillside and Ridgeline Development.

Article 44-0: Definitions

44-0.10 Definitions.

This article defines terms and phrases used in the zoning code that are technical or specialized, or which may not reflect common usage. If any of the definitions in this article conflict with others in the County Code, these definitions shall control only for the provisions of the zoning code. If a word is not defined in this article or in other provisions of the zoning code, the director shall determine the appropriate definition.

A’s:

Abandoned sign. Abandoned sign means a sign which no longer directs, advertises or identifies a legal business establishment, product or activity on the premises where such sign is displayed.

Accessory building or structure. A detached building, the uses of which are secondary, supportive, and/or subordinate to the primary structure or principal permitted use on a parcel. An accessory dwelling unit is not considered an accessory building.

Accessory building or structure – attached. An attached building or structure the use of which is secondary, supportive, and/or subordinate to the primary structure or principal permitted use on a parcel. A second dwelling unit is not considered an accessory building.

Accessory retail use. The sale of goods or merchandise in support of the alternate primary use of the site. Examples include the sale of pet food at a veterinary office, the sale of hair care products at a salon, or the sale of laundry detergent at a laundromat.

Accessory sign. Any sign relating to business, service, or products including national brand products, supplied on the premises on which the sign is located.

Accessory unit or dwelling. A detached or attached permanent dwelling unit located on a lot which contains a single-family dwelling. A second unit provides complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, sanitation, and parking. Any term contained within this Chapter referring to second unit or secondary unit shall mean accessory unit.

Accessory use. A use that is permitted in the zone, is incidental and subordinate to the principal use of the site or a primary building on the site, and does not alter the primary use of such parcel, building, or zone, nor serve property other than the parcel of land on which the primary use is located.

Adult entertainment. An adult business establishment having a substantial or significant portion of its stock or fare in books, magazines, pictures, films, trade, media or live entertainment, which are distinguished or characterized by their emphasis on matter or live conduct depicting, describing, exposing, or relating to nudity or sexual activity.

Advertising. Advertising means that copy on a sign describing products or services being offered.

Agricultural buffer. An area of land void of development between an urban land use (such as housing or commercial uses) and an agricultural parcel.

Agricultural chemicals, commercial storage and distribution. The commercial sale, wholesale, storage, and/or distribution of chemicals and hazardous substances used in connection with agricultural operations. Examples include pesticides, fertilizers, and fungicides.

Agricultural chemicals, manufacturing. The manufacturing and/or production of chemicals and hazardous substances used in connection with agricultural operations. Examples include pesticides, fertilizers, and fungicides.

Agricultural chemicals, use and storage. The on-site storage and on-site use of chemicals and hazardous substances used in connection with agricultural operations conducted on site. Examples include pesticides, fertilizers, and fungicides. Excludes the storage of chemicals intended for commercial sale or distribution.

Agricultural easement. An agricultural easement is a legal property interest that dedicates land to agricultural uses. A landowner who enters into an agricultural easement agreement with an “easement holder” (such as a government or nonprofit entity) agrees to use the land predominantly for agricultural purposes, and forfeits the right to develop the land for other purposes.

Agricultural industrial. Industrial uses that directly support on- or off-site agricultural operations, including agricultural research, processing and storage, supply, services, crop dusting, agricultural chemical and equipment sales, and facilities and technologies that use agricultural byproducts.

Agricultural processing. The cooking, dehydrating, refining, milling, pressing, or other treatment of agricultural products that changes the naturally grown product for consumer use or for further processing, and receiving agricultural products from other growers for such processing. Examples of agricultural processing uses include cold storage houses, wineries (pursuant to the definition of “Winery production facility, limited”), hulling operations for on-site or off-site products, fruit dehydrators, dryers, and the sorting, cleaning, packing, bottling, storing or warehousing, pruning, and sale of orchard and farm wood, and the wholesaling, transportation, and distribution of agricultural products. Uses classified as “agricultural industrial” are excluded from this definition.

Agricultural processing, off-site. The processing of agricultural products grown or produced on a site different from where processing occurs.

Agricultural processing, on-site. The processing of agricultural products grown or produced on the same site where processing occurs.

Agricultural product sales, off-site. The sale of agricultural products grown or produced on a site different from where growing and/or production occurs.

Agricultural product sales, on-site. The sale of agricultural products grown or produced on the same site where growing and/or production occurs.

Agricultural products. Products that are the result of agriculture, including cultivating, harvesting, or raising orchards, field crops and/or livestock, or agricultural processing.

Agricultural tourism. Tourism and visitor-serving uses related to the agricultural industry. Examples include self-pick farms, dude ranches, farm tours, crop-based seasonal events, farmstays, and lodging.

Agricultural worker housing center. Housing for agricultural employees consisting of no more than thirty-six beds in a group quarters or twelve units designed for use by a single family or household.

Agricultural worker housing center, large. Housing for agricultural employees consisting of more than thirty-six beds in a group quarters or more than twelve units designed for use by a single family or household.

Agricultural worker housing unit. A dwelling unit accommodating six or fewer agricultural employees.

Agriculture. The use of land for the raising of crops, trees, or animals, including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, apiaries, and animal and poultry husbandry, and the necessary accessory uses thereto; provided, however, the operation of any such accessory uses shall be secondary to that of the normal agricultural activities. As used in this definition, “accessory use” means supply, service, storage, and processing areas and facilities for any other agricultural land. Stockyards, slaughterhouses, fertilizer works, or plants for the reduction of animal matter are excluded from this definition.

Agriculture auction and sales yards. Areas designated for the temporary storage and sale of agricultural and farm equipment and supplies.

Airport, airstrip, and heliport. Any area of land or water where aircraft take off or land. This does not include places where aircraft land and take off solely for emergency purposes. It includes accessory structures and areas for aircraft storage, cargo, passengers, airport and airspace control facilities, repairs, or refueling.

Airport-related uses. Uses and activities commonly associated with airports and necessary to support airport operations. Examples include unscheduled air carrier and facilities; charter aircraft operations; pilot training operations; aircraft rental and sightseeing services; aerial photography; aerial advertising and surveying; aircraft sales and service; aircraft storage; sale of aviation petroleum products; aircraft repair, restoration, and maintenance; sale of aircraft parts; unscheduled air cargo carriers; pilot lounges and airport offices; blast fences; taxiways, navigational aids, and obstruction lights; airport support facilities such as terminal buildings, control towers, hangars, fire training facilities, and flight service stations; airport parking facilities; and communication equipment and facilities associated with airport operations.

Airports for commercial farm services. Any area of land or water where aircraft dedicated to support operations for agricultural activities take off or land. Examples include airports used for crop dusting or other aerial chemical applications to farmlands. It includes accessory structures and areas for aircraft storage, cargo, materials storage, airport and airspace control facilities, repairs, or refueling. Passenger and/or cargo air services or passenger and/or cargo airports are excluded from this definition.

Animal and poultry husbandry. The agricultural practice of caring and breeding of livestock. This mainly involves raising and caring of domestic animals that are used for food or products. Such animals may include, but are not limited to, sheep, pigs, cattle, horses, and chickens.

Animal grazing. The keeping of cattle, sheep, goats, or other similar animals on fields for the purpose of grazing and feeding. Uses classified as dairy, intensive animal operations, and stables are excluded from this definition.

Animal hospitals. Any establishment that provides medical treatment for animals on the premises or regularly offers temporary boarding facilities for animals in association with the provision of medical care. Examples of animal hospitals include veterinarian clinics.

Animal processing and rendering. A facility where the slaughtering and processing of animals raised off-site for commercial purposes takes place, including rendering plants.

Animal raising and keeping, commercial. Any kennels, fowl or poultry ranches, rabbit farms, fur-bearing animal ranches, hog ranches, livestock feed lots, livestock ranches, and dairies kept and used for the purposes of raising or keeping animals that are used for food or products to be sold commercially.

Animal raising and keeping, private. “Private animal raising” means the keeping of any domestic animals within the standards established in this chapter for domestic animal raising including but not limited to household pets, club project animals, apiaries, aviaries, fowl, rabbits, or hoofed animals for private, noncommercial use.

Animal services. Any establishment that keeps animals for sale or hire provides medical treatment for animals on the premises or regularly offers temporary boarding facilities for animals. Examples of animal services uses include veterinarian clinics, commercial dog and cat grooming businesses, animal hospitals, commercial kennels, and animal shelters.

Apiaries. Any place where one or more colonies or nuclei of bees are kept.

Applicant. The party or individual applying for a permit or other approval subject to the requirements of this zoning code.

Architectural projection. Architectural projection means a marquee, porch, canopy or other similar projection.

Awning sign. Any sign incorporated into, attached to, or painted on an awning.

B’s:

Banner sign. A sign made of fabric, cloth, or any other nonrigid material.

Bars, nightclubs, and lounges. Businesses devoted to the on-site sale and consumption of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages. Uses may include indoor entertainment such as live music and dancing.

Base zoning classification. The primary zoning classification on a parcel of land, as shown on the Colusa County zoning map and shown in Table 44-2.10-1.

Bed and breakfast. A structure with one or more managers in permanent residence and from one to eight guestrooms without individual cooking facilities rented for overnight lodging, and serving at least one meal per day. Hotels and motels are excluded from this definition.

Bioenergy. Bioenergy is energy contained in living or recently living biological organisms, a definition which specifically excludes fossil fuels. Organic material containing bioenergy is known as biomass. Examples include wood pulp and agricultural prunings.

Boat ramps and landings. Facilities used for the launching and removal of boats to and from the water.

Breeders. Individuals, groups, or organizations involved in the breeding of animals for commercial purposes.

Building. Any structure having a roof intended and/or used for the shelter or enclosure of persons, animals, property, or for use in commercial, industrial, or other enterprises.

Business frontage. The lineal frontage of a business that abuts a public right-of-way or other area accessible to the public such as business frontage on a parking lot or parking structure generally open to the public or on a publicly used waterway such as the Sacramento River.

C’s:

Cabin. A dwelling for vacation or recreation uses that is subject to the same requirements as a single-family residence, except as specified under section 44-4.100.

Camper. A portable unit, consisting of a roof, floor, and sides, designed to be loaded onto, and unloaded from, a truck and designed for human habitation for recreational or emergency occupancy (Health and Safety Code Section 18012.4).

Campground. An area of land used for overnight camping activities where guests pay a fee to use the site and/or facilities. Facilities may include, but are not necessarily limited to, fire pits, picnic tables, restrooms, and firewood sales. Recreational vehicle parks are excluded from this definition.

Caretaker quarters. A permanent residence that is provided as an accessory use to a nonresidential use, and is used to house an owner, operator, guard or caretaker, and his or her family, to provide around-the-clock service, support, care or monitoring of the use and/or site.

Cemetery. A place used for the interment of human or animal remains or cremated remains. Burial parks, crematoriums, and mausoleums are included in this definition.

Child day care center. Any child day care facility other than a family day care home, including centers for infants, preschools, and school age child care centers (Health and Safety Code Section 1596.76).

Child day care facility. A facility that provides nonmedical care to children under eighteen years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a twenty-four-hour basis. Child day care facilities include family day care homes and child day care centers (Health and Safety Code Section 1596.750).

Club project animals. Those animals raised or kept for a temporary club project such as 4-H or FFA.

Clubs, lodges, and private meeting halls. An organization and its premises catering primarily to its members for social, educational, recreational, or athletic purposes. This definition does not include hunting and fishing clubs or adult entertainment uses.

Clustered development. Clustered development is the grouping of residential properties on a development site in order to utilize the extra land as open space, recreational or agricultural uses. Clustered development often includes individual lots that are below the minimum lot sizes established in the base zoning classification.

Cogeneration energy facility. Combined heat and power systems that result in the simultaneous production of electricity and heat from a single fuel source, such as: natural gas, biomass, biogas, coal, waste heat, or oil.

Combination zoning classification. Any zoning classification which permits expansion of or limitations on the uses or development standards allowed or permitted under the regulations of the principal zoning classification with which it is combined.

Commercial coach. A structure transportable in one or more sections, designed and equipped for human occupancy for industrial, professional, or commercial purposes, which is required to be moved under permit, and shall include a trailer coach as defined in Vehicle Code Section 635 (Health and Safety Code Section 18001.8).

Commercial energy facilities. Commercial energy facilities are facilities where energy, primarily electricity, is generated for the primary purpose of selling the energy on the open market for use in off-site locations.

Commercial recreation, indoor. An establishment that provides entertainment activities or services in an indoor setting for a fee or admission charge. Examples include movie theaters, bowling alleys, electronic game arcades, billiard rooms, sports clubs, commercial gymnasiums, and dance clubs. Establishments such as a restaurant or laundromat that offer a small number of game machines to its customers as an accessory use are excluded from this definition.

Commercial recreation, outdoor. An establishment that provides entertainment activities or services outside of a building for a fee or admission charge. Examples include: golf driving ranges, shooting ranges, water parks, amusement parks, fairgrounds, commercial sports centers, amphitheater or theater entertainment facilities for the performance of concerts or other entertainment events, facilities for rodeos and equestrian events, ranges, boat ramps, docks, landing facilities, commercial camps and campgrounds, and other similar uses. Water ski lakes, golf courses and country clubs, hunting and fishing clubs, duck clubs, adult entertainment uses, and off-highway vehicle uses are excluded from this definition.

Common interest development. A type of housing, composed of individually owned units, such as condominiums, townhouses, or single-family homes, that share ownership of common areas, such as swimming pools, landscaping, and parking. Common interest developments (also known as community interest developments or CIDs) are managed by homeowners’ associations.

Common sense. Sound and prudent judgment based on a simple and reasonable perception of the situation or facts.

Community apartment. A development as defined by California Business and Professions Code Section 11004 in which an undivided interest in land is coupled with the right of exclusive occupancy of any apartment located thereon.

Community centers. Public locations where members of a community tend to gather for group activities, social support, public information, and other purposes. They may sometimes be open for the whole community or for a specialized group within the greater community.

Community colleges and universities. Public or private institutions or facilities offering educational services beyond the high school level. Facilities may include classrooms, support facilities, on-site lodging, and other support services and facilities related to higher education.

Community event sign. Any temporary sign for a temporary event, including signs for a carnival or fair, for a farmer’s market, for an athletic event or competition, for a vehicle show, or for an election campaign, but not including those signs which are otherwise differentiated in this chapter.

Community identification sign. A sign that identifies or announces entry into a community.

Compost. Compost means the product resulting from the controlled biological decomposition of organic wastes that are source-separated from the municipal solid waste stream, or which are separated at a centralized facility. “Compost” includes vegetable, yard, and wood wastes which are not hazardous waste.

Composting facility. An operation or facility that processes, transfers, or stores compostable materials. Handling of compostable materials results in controlled biological decomposition. Handling includes composting, screening, chipping and grinding, and storage activities related to the production of compost, compost feedstock, and chipped and ground materials. “Compostable materials handling operation or facility” does not include activities excluded from regulation in California Code of Regulations, Title 14, Section 17855. “Compostable materials handling operation or facility” also includes (1) agricultural material composting operations; (2) green material composting operations and facilities; (3) research composting operations; and (4) chipping and grinding operations and facilities. (California Code of Regulations, Title 14, Section 17852(a)(12)).

Condominium. As defined by Section 783 of the California Civil Code, an undivided interest in common in a portion of real property coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map, parcel map, or condominium plan in sufficient detail to locate all boundaries thereof.

Conservation easement. An agreement between a landowner and a government agency or a qualified land trust organization or other entity creating a legally enforceable encumbrance on real property imposing limitations, restrictions, or affirmative obligations, the purposes of which include retaining or protecting agriculture, natural, scenic, or open space values of real property; assuring its availability for agricultural, forest, recreational, or open space use; protecting natural resources, including wetlands, riparian and wildlife habitat; or maintaining air or water quality. Examples include agricultural preservation easements, wetland conservation easements, Swainson’s hawk foraging habitat easements or land trusts, and wetland/vernal pool mitigation banks.

Construction, maintenance, and repair services. Businesses providing construction, maintenance, and repair services off site, but that have an office, store equipment and materials, and/or perform fabrication or similar work on site. Examples include off-site plumbing shops, general contractors, appliance repair, janitorial services, electricians, pest control, heating and air conditioning, roofing, painting, landscaping and septic tank service.

Construction sign. A sign that identifies the name of the contractor, builder, architect, etc., for a project that is under development.

Convenience store. A small store that stocks a range of everyday items such as groceries, toiletries, alcoholic and soft drinks, tobacco products, and newspapers. Such stores may also offer money order and wire transfer services.

Corner lot. A lot located at the intersection of two or more streets. The front of the lot shall be the lesser of two street frontages.

Correctional institutions and facilities. Publicly or privately operated facilities housing persons awaiting trial or persons serving a sentence after being found guilty of a criminal offense.

Cottage food operation. The business of preparing and/or packaging certain foods in private home kitchens as defined at Section 113758 of the Health and Safety Code.

Country club. A country club is a private club, often with a closed membership, that typically offers a variety of recreational sports facilities and is located in city outskirts or rural areas. Activities may include, but are not limited to, golf, tennis, swimming or polo.

Crop production and cultivation. The growing and harvesting of agricultural produce for food and fiber. Examples include farms, orchards, groves, greenhouses and wholesale nurseries primarily engaged in growing crops, plants, vines, or trees and their seeds, excluding the growing of marijuana for medicinal purposes.

Cultural institutions. A public or nonprofit facility for the cultural, intellectual, scientific, environmental, or artistic enrichment of the people of Colusa County. Examples of cultural institutions includes historic areas, interpretative institutions, public theaters and auditoriums, libraries, museums, botanic gardens, and zoos.

Cumulative remedies. A remedy created by statute in addition to one which still remains in force. All remedies contained in this zoning code for the handling of violations or enforcement of the provisions of this zoning code shall be cumulative and not exclusive of any other applicable provisions of local, state, or federal law.

D’s:

Dairy. A place where five or more cows, sheep, or goats are kept and maintained for the purpose of producing milk or other dairy products for commercial purposes.

Day. Calendar day.

Design flood. Design floods are hypothetical floods used for planning and floodplain management investigations. A design flood is defined by its probability of occurrence (for example the one-hundred-year or one- percent-probability flood).

Development. Any human-caused change to land that requires a permit or approval from the county.

Development footprint. The development footprint is the total area affected by development or by project site activity. Access roads, parking lots, paved and improved areas, nonbuilding facilities, and the building itself are all included in the development footprint.

Development plan. A plan for development submitted by a project applicant that includes details deemed necessary by the director in order for an application to be processed. A development plan may be required to include details regarding parcel lines, proposed site access, building envelopes, surrounding land uses, water and sewer infrastructure, and other project details deemed necessary by the director.

Directional sign. An on-site sign that is designed and erected solely for the purposes of directing vehicular and/or pedestrian traffic within a project.

Directory sign. A sign listing the tenants of a multiple tenant center.

Disability. The meaning of “disability” is the same as defined by the Americans with Disabilities Act (ADA) at Title 42, Chapter 126 of the United States Code beginning at Section 12102. As defined by the ADA, the term “disability” means, with respect to an individual: (1) a physical or mental impairment that substantially limits one or more major life activities of such individual; (2) a record of such an impairment; or (3) being regarded as having such an impairment. “Major life activities” include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. A “major life activity” also includes the operation of a major bodily function, including, but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

Domestic animals. Animals adopted by humans so as to live and breed in tame conditions. Examples include, but are not limited to, cows, horses, sheep, goats, pigs, rabbits, and chickens.

Duck club. Any establishment that provides outdoor duck hunting activities or services for a fee or admission charge, or common interest share. The establishment may include day use facilities, such as a clubhouse, and/or overnight accommodations in the form of seasonal residences. Facilities must be connected to an approved sewage disposal system. Seasonal residential unit densities may not exceed the standards established in this zoning code. On-site residency is limited to not more than a total of six months of a year. A duck club must be licensed by the California Department of Fish and Wildlife (CDFW).

Duplex. A structure that contains two dwelling units with a shared roof, separated by a common wall, each with its own entrance. Each unit within a duplex home provides complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

Dwelling, multifamily. A building containing three or more dwelling units.

Dwelling or dwelling unit. A building or a portion of a building containing one or more habitable rooms used or designed for occupancy by one family for living and sleeping purposes, including kitchen and bath facilities.

Dwelling, single-family. A building containing one dwelling unit.

Dwelling, two-family. A building containing two dwelling units.

E’s:

Electronic changeable display. The display of electronic text or graphical information in which each graphic, alphanumeric character, or symbol is defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area. Electronic changeable displays include computer-programmable, microprocessor-controlled electronic displays.

Emergency shelter. Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay (Health and Safety Code Section 5080 l (e)).

Energy generation for off-site use. The production and generation of electricity for use in areas outside of the site on which the energy was generated. Examples include solar or wind farms where electricity generated is sold to a utility provider for use in off-site locations.

Energy generation for on-site use. The production and generation of electricity on a site for use on the same site. Examples include solar arrays or wind turbines used to power on-site operations.

Environment. The land, air, water, minerals, organisms, and all other external factors surrounding and affecting the natural resources in Colusa County and the surrounding areas.

Equestrian facilities, commercial. A facility for keeping horses available to the public for hire. This may also include larger facilities, including accessory structures, that specialize in breeding and raising of horses, equestrian training, exhibitions, and boarding. Commercial stables do not include the keeping or breeding of horses for personal use, training, or horse boarding consistent with a home occupation.

Equestrian facilities, private. A facility that is used for the shelter, breeding, and raising of horses for the exclusive use of the property owner or occupant, or for training and horse boarding consistent with a home occupation.

Equipment sales and rentals. Businesses selling or renting tools, trucks, tractors, construction equipment, agricultural implements, and similar equipment. Equipment sales and rental uses may include the storage, maintenance, and servicing of such equipment.

Exclusive remedy. For the purposes of this zoning code, the term “exclusive remedy” applies to the procedure for appeals to zoning decisions made by the director, zoning administrator, or planning commission. An appeal to the board of supervisors is the exclusive remedy, or sole available option, for challenging any decisions made by the director, zoning administrator, or planning commission.

F’s:

Family. Two or more related persons living in a dwelling unit or any group of up to six individuals living together in a dwelling unit as the functional equivalent of a family where the residents may share living expenses and responsibilities. A family includes, for example, the residents of group homes for seniors or persons with disabilities. A family does not include larger institutional group living situations such as large residential care facilities, dormitories, fraternities, sororities, monasteries, or convents. “Household” has the same definition as “family.”

Family day care home. A dwelling where care, protection, and supervision for fourteen or fewer children are provided in the provider’s own home, for periods of less than twenty-four hours per day, while the parents or guardians are away, and is either a large family day care home or a small family day care home (Health and Safety Code Section 1596.78).

Family day care home, large. Facilities providing family day care for seven to fourteen children, inclusive, including children under the age of ten years who reside at the home, as set forth in Health and Safety Code Section 1597.465 (Health and Safety Code Section 1596.78(b)).

Family day care home, small. A home that provides family day care for eight or fewer children, including children under the age of ten years who reside at the home, as set forth in Health and Safety Code Section 1597.44 (Health and Safety Code Section 1596.78(c)).

Farm equipment. Tools, implements, apparatus, and vehicles used in support of farming activities. Examples include tractors, hailers, haulers, generators, etc.

Farmstays. A form of agricultural tourism where a farmer or rancher hosts tourists at their farm or ranch to familiarize the visitors with the daily activities associated with farming or ranching. Farmstays are a secondary use to the primary agricultural use of a property.

Floor area. The sum of the horizontal areas of each floor of a structure, measured from the interior faces.

Floor area ratio (FAR). The ratio of the total gross floor area of all buildings on a site, excluding structured parking areas, divided by the total site area. See Figure 1 – Floor Area Ratio (FAR).

Food truck. A vehicle from which food items are sold.    Food items may include items cooked and prepared on the food truck, as well as food items cooked elsewhere.

Forestry and logging. The growing and harvesting of timber, pulp woods, and other forestry products for commercial purposes. Timber processing activities for finished products, such as wood mills, are excluded from this definition.

Foster home. Any residential facility providing twenty-four-hour care for six or fewer children, licensed pursuant to the regulations of the state, which is owned, leased, or rented and is the residence of the foster parent or parents in whose care the foster children have been placed.

Freestanding sign. A sign that is supported by a base structure that rests on the ground and is not supported by or attached to a building. Freestanding signs include monument, pole, and pylon signs.

Freight and truck terminals and yards. A building or area in which freight brought by motor truck is assembled, stored, and/or transferred for routing in intrastate or interstate shipment by motor truck. May include provisions for truck parking and maintenance/repair services.

Future tenant sign. A temporary sign that identifies the name(s) of future businesses, organizations, and/or entities that will occupy a site or structure.

G’s:

Garage, commercial. A building other than a private garage used for the parking, repair or servicing of vehicles, trailers, recreational vehicles, and boats. A commercial garage is considered a commercial or light industrial use.

Garage, private. A fully enclosed accessory building, either attached or detached, or a portion of a building designed and/or used primarily for the shelter or storage of vehicles, trailers, recreational vehicles, and boats by the occupants of the dwelling.

Garbage. Discarded items, food waste, and materials, including animal, vegetable, or other waste matter.

Gas and service station. Any facility used primarily for the retail sale and dispensation of motor fuels, lubricants and motor vehicle accessories. A gas and service station may include food and beverage sales, as well as a car wash, as an accessory use. Vehicle repair and maintenance services are not included in this definition.

Golf course. An area of land laid out for golf with a series of nine or eighteen holes each including tee, fairway, and putting green and often one or more natural or artificial hazards. Golf courses may include related accessory uses such as a clubhouse, restaurant, putting greens, driving range, and sales shops (pro shop).

Grading. The act of excavation, cutting, or filling or combination thereof or any leveling to a horizontal or sloping surface on a property.

Greenhouse. An agricultural structure, with transparent or translucent roof and/or wall panels intended for the raising of agricultural plants.

Grocery store. A store selling foodstuffs and various household supplies.

Group day care center. A facility that provides nonmedical care to persons eighteen years of age or older in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a twenty-four-hour basis.

Group home. See “residential care home.”

Group quarters. A place where people live in a group living arrangement.

Guest houses. Detached living quarters of permanent construction, without a kitchen, which are clearly subordinate and incidental to the use of the main building on the same lot. Guest houses shall not be let, leased, or rented, in whole or in part, independently of the main building. Guest houses may include a bathroom.

H’s:

Habitat management. The active management of land or natural resources for the purposes of providing compensatory mitigation for off-site projects, or for the active management of resource lands that may or may not involve active agricultural production and use of the land.

Habitat mitigation. The establishment of a mitigation bank, conservation easement, or other similar mechanism for the purposes of offsetting or mitigating impacts to sensitive habitat that occurred in an off-site location.

Height. The vertical distance from the structure’s average finished grade (the midway point between the highest and lowest points of where the structure contacts the ground) to the highest point of the structure.

Home occupation. “Home occupation” means any use customarily carried on within a dwelling by the inhabitants thereof which is incidental to the residential use of the dwelling, and which use:

(1) Is confined completely within a legal structure and occupies not more than twenty-five percent of the floor space of a dwelling or fifty percent of that of an accessory building;

(2) Involves no sales of merchandise other than that produced on the premises, or directly related to and incidental to the service offered;

(3) Is carried on by the members of the family occupying the dwelling with no other persons employed;

(4) Produces no evidence of its existence upon or beyond the premises such as external alteration creating nonresidential or unsightly appearance of a structure, noise, smoke, odors, vibrations, etc., except one sign not to exceed two square feet in area and pertaining directly to the particular home occupation.

Hospital. A medical facility engaged primarily in the provision of diagnostic services and extensive medical treatment, including surgical services and inpatient beds.

Hotel and motel. A facility containing guestrooms where lodging is provided for a fee, and where no provision is made for cooking in sixty percent or more of the individual rooms or suites. Bed and breakfast establishments are excluded from this definition.

Household. Two or more related persons living in a dwelling unit or any group of up to six individuals living together in a dwelling unit as the functional equivalent of a family where the residents may share living expenses and responsibilities. A household includes, for example, the residents of group homes for seniors or people with disabilities. A family does not include larger institutional group living situations such as large residential care facilities, dormitories, fraternities, sororities, monasteries, or convents.

Household pets. Small domestic animals that are not used for the production of food or fiber. Examples include dogs and cats. Other small animals that may potentially be used for food or fiber, such as rabbits or chickens, are excluded from this definition, regardless of whether or not the owner intends to use the animals for food or fiber. Animals kept exclusively indoors are excluded from the standards established in this zoning code.

Hunting and fishing club. Any establishment that provides outdoor hunting and fishing activities or services for a fee, admission charge, or common interest share. The establishment may include day use facilities, such as a clubhouse, and/or overnight accommodations in the form of seasonal residences. Facilities must be connected to an approved sewage disposal system. Seasonal residential unit densities may not exceed the standards established in this zoning code. On-site residency is limited to not more than a total of six months of a year.

Hydrozone. A portion of a landscaped area having plants with similar water needs. A hydrozone may be irrigated or nonirrigated.

I’s:

Identification sign. An identification sign identifies the name of a specific business, organization, or entity.

Immature animals. Animals that have not yet reached the age of maturity for sexual reproduction.

Impervious surface. Any surface that does not permit the passage of water. Impervious surfaces include buildings, parking areas, and all paved surfaces.

Install. Refers to the erection, placement, location, relocation, or other action putting a building or sign up, replacing an existing building or sign, or modifying an existing building or sign.

Intensive animal operations. The raising or fattening of animals in a manner that produces potentially adverse environmental impacts or adverse impacts to neighboring properties. Examples of intensive animal operation uses include dairies, hog farms, feedlots, aquaculture, confined animal feeding operations (CAFOs), large-scale bee keeping, and other similar operations. Animal processing, dairy, and stables are excluded from this definition.

J’s:

Junk yard. Any area of two hundred square feet or more used for the storage of junk or scrap materials, or for the wrecking or dismantling of automobiles or other vehicles or machinery. This definition includes “wrecking yards.”

Jurisdiction. “Jurisdiction” refers to the geographical area of land and range of legal decisions and authorizations subject to the legal authority of Colusa County. The geographical jurisdiction for this zoning code includes all unincorporated lands within Colusa County. Zoning and land use decisions subject to the legal jurisdiction of Colusa County are identified in Article 44-1.

K’s:

Kennel. Any place used for the breeding, boarding or keeping of six or more dogs or eight or more cats over the age of four months. The term “kennel” includes for-profit establishments, such as a pet boarding service, as well as nonprofit and charitable organizations, such as an animal shelter. The term “kennel” does not include veterinarians, provided that all animals in the veterinary office are housed indoors.

Kitchen. A “kitchen” means an area within a structure that is used or designed to be used for the preparation or cooking of food and that contains one or both of the following:

(1) Cooking appliances or rough in facilities including, but not limited to: ovens, convection ovens, stoves, stove tops, built-in grills or microwave ovens or similar appliances, two-hundred-forty-volt electrical outlets or any gas lines; or

(2) A sink less than eighteen inches in depth with a waste line drain one and one-half inches or greater in diameter and a refrigerator exceeding five cubic feet in capacity or space opening with an electrical outlet that may reasonably be used for a refrigerator exceeding five cubic feet in capacity.

An approved kitchen may have more than one sink, stove, oven or refrigerator in the same room.

L’s:

Lineal street frontage. The lineal distance that a parcel or parcels occupied by a business or businesses abuts a public right-of-way. This lineal distance will be used to calculate sign area for multiple tenant center signs and to determine additional business identification and/or multiple tenant center signs.

Live/work unit. A live/work unit is defined as a single unit (e.g., studio, loft, or one bedroom) consisting of both a commercial/office and a residential component that is occupied by the same resident. The live/work unit shall be the primary dwelling of the occupant.

Livestock. Larger animals traditionally kept for use on a farm, including but not limited to pigs, sheep, goats, equine, and bovine animals such as horses and cows, and large flightless birds such as ostriches and emus.

Lot. A parcel of land of record in the county under one ownership (i.e., individual, corporation, or trust) and used, or capable of being used, under the regulations of this chapter. “Parcel” has the same meaning as “lot.”

M’s:

Manufactured housing. Housing, including modular and mobile homes, that is transportable in one or more sections but is not constructed with a permanent hitch and does not have permanently attached wheels or axles. When placed on a permanent foundation, manufactured housing is the same as a dwelling. Manufactured housing does not include a recreational vehicle, commercial coach, or camper, as defined by state law.

Manufacturing, general. A facility accommodating manufacturing processes where the intensity or scale of operations is greater than those classified under “manufacturing, light,” but where impacts on surrounding land uses or the community can typically be mitigated to acceptable levels. Examples include establishments that makes or processes raw materials into finished machines or parts for machines; the manufacturing of motor vehicles and transportation equipment; establishments that cut, shape, and finish marble, granite, slate, and other stone; and establishments that produce brick and structural clay products.

Manufacturing, heavy. Manufacturing or processing operations that necessitate the storage of large volumes of hazardous or unsightly materials, or which produce dust, smoke, fumes, odors or noise at levels that would affect surrounding uses. Examples include the manufacturing of chemical products; the manufacturing of concrete, gypsum, and plaster products; glass product manufacturing; paving and roofing materials manufacturing; petroleum refining and related industries; plastics, other synthetics, and rubber product manufacturing; primary metal industries including the smelting and refining of ferrous and nonferrous metals from ore or scrap; asphalt and concrete plants; medical waste processing/incineration; paint removal and sandblasting; hazardous material disposal; wrecking, junk or salvage yards; and pulp and pulp product manufacturing, including paper mills.

Manufacturing, light. The manufacturing and assembly of finished products or parts, primarily using previously prepared materials. Examples include clothing and fabric product manufacturing; electronics, equipment, and appliance manufacturing; food and beverage product manufacturing; commercial bakeries; laundry, dry-cleaning, and carpet cleaning plants; establishments manufacturing and assembling small products primarily by hand, including jewelry, pottery and other ceramics; woodworking, including cabinet making and furniture manufacturing; metal products fabrication, including machine, sheet metal and welding shops; repair of scientific or professional instruments and electric motors; printing, publishing and lithography; establishments that convert premanufactured paper or paperboard into boxes, envelopes, paper bags, wallpaper, and that coat or glaze premanufactured paper; and photo/film processing labs. Businesses primarily engaged in the sale of consumer products produced off site are excluded from this definition.

Marina. A boat basin that has docks, moorings, supplies, and other supporting facilities for small boats. Examples of supporting facilities include boat ramps, boat hoists, boat storage, refueling, washing and repair facilities, marine and boat chandlers, stores and restaurants. A marina may include ground facilities such as parking lots for vehicles and boat trailers.

Marquee sign. A sign that is attached to a marquee or architectural projection.

Medical offices and clinics. A facility, not including a hospital, where medical, mental, dental, or other personal health services are provided on an outpatient basis using specialized equipment. Examples include, but are not limited to, offices providing medical services and containing medical professionals such as physicians, dentists, chiropractors, optometrists or other similar medical professionals.

Mining. The extraction of sand, gravel, rock, soil, minerals, or other material from the land in the amount of one thousand cubic yards or more and the removal thereof from the site. For the purpose of this zoning code, mining shall not include: the removal of materials associated with the construction of a building, the removal of excess materials in accordance with approved plats or utility and highway construction, minor agricultural and sod removal except as further regulated herein.

Mobile home. A detached residential dwelling unit designed for transportation after fabrication on streets or highways on its own wheels or a flatbed or other trailer, and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy except for minor and incidental unpacking and assembly operations, location on jacks or other temporary or permanent foundations, connections to utilities, and the like. “Mobile home” does not include recreational vehicle, commercial coach, or factory built housing as defined in Section 19971 of the Health and Safety Code.

Mobile home park. An area of land where two or more mobile home lots are rented or leased or held out for rent or lease to accommodate mobile homes used for human habitation. The rental paid for any such mobile home shall be deemed to include rental for the lot it occupies. “Mobile home park” also means a mobile home development constructed according to the requirements of paragraph 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code, and intended for use and sale as a mobile home condominium or cooperative park, or as a mobile home planned unit development.

Modular home. A modular home is constructed of premade parts and unit modules. A complete kitchen and bath may be preset in the house. Wall panels, trusses, and other prefabricated house parts are transported on a flatbed truck from the factory to the building site. Modular homes must meet all applicable local and state building code requirements. Mobile homes and manufactured homes are excluded from this definition.

Monument sign. A permanent freestanding sign where the entire supporting base of the sign is affixed to the ground and is not attached to or supported by a building.

Multiple family dwelling. A structure that contains three or more dwelling units. Each unit within a multiple family dwelling provides complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. Examples include apartment buildings, single-room occupancy buildings, residential condominiums, townhouses, and rowhouses.

Multiple tenant center. A development consisting of three or more separate uses or tenancies that share either the same parcel, set of parcels or structure and use common access and parking facilities.

N’s:

Nameplate. A sign which designates the name of a person, persons or building occupying the premises upon which it is located. A nameplate may include the address.

Natural resources buffer area. Lands within fifty feet of a wetland, waterway, riparian habitat, or sensitive habitat shall be referred to as a natural resources buffer area. Natural resource buffer areas shall include areas between the banks and fifty feet in width measured outward from the top of bank of any lakes, perennial ponds, rivers, creeks, sloughs, and perennial streams. Natural resource buffer areas shall also include lands within fifty feet of sensitive habitat, as determined by a qualified biologist, and lands within fifty feet of a wetland subject to the jurisdiction of the U.S. Army Corps of Engineers. Excluded from this definition are culverted creeks and engineered systems developed by a public agency for the collection of storm- or floodwaters, or systems other than natural creeks designed to deliver irrigation or water supplies.

Nonconforming structure. A structure that was lawfully constructed, but that no longer conforms with the development standards of the zoning classification in which it is located.

Nonconforming uses. “Nonconforming uses” means those structures, buildings, mobile homes, and uses which were lawful when established, but which do not conform to subsequently established zoning requirements. “Nonconforming uses” includes uses, and buildings and structures.

Nursery. Commercial agricultural establishments engaged in the production of agricultural and ornamental plants and other nursery products, grown under cover or outdoors. A nursery can be wholesale and retail, incidental to agriculture, or a combination of both.

Nursing home. A facility in which nursing, dietary and other personal services are rendered to convalescents, invalids, or aged persons and in which surgery is not performed and primary treatment, such as customarily is given in hospitals, is not provided. A “convalescent home” means the same as a “nursing home.”

O’s:

Off-highway vehicle (OHV) recreation area. An area designated for the use of offhighway vehicles. “Off-highway vehicle” means a motorized vehicle of any size that is operated or used exclusively off the roads or highways and not legally equipped for operation or use on such highways. Examples include dirt bikes, quads, dune buggies, etc.

Off-site signs. A sign identifying a use, facility, service, or product which is not located, sold, or manufactured on the same premises as the sign or which identifies a use, service, or product by a brand name which, although sold or manufactured on the premises, does not constitute the principal item for sale or manufactured on the premises. An off-site sign is the same as a billboard sign.

Offices, governmental. A place of employment occupied by governmental agencies and their employees.

Offices, professional. A place of employment occupied by businesses providing professional services. Examples include offices for accountants, attorneys, commercial art and design services, news services, photographers, counselors and psychologists, engineers, real estate agents, and other professions.

Oil and gas extraction. The operation or development of oil and gas fields and wells. Oil and gas extraction uses include exploration for crude petroleum and natural gas; drilling, completing, and equipping wells; reinjection wells for natural gas; operating separators, emulsion breakers, desilting equipment, and field gathering lines for crude petroleum and natural gas; and all other activities in the preparation of oil and gas up to the point of shipment from the producing property.

Orchard. An orchard is an intentional planting of trees or shrubs that is maintained for food production. Orchards comprise fruit- or nut-producing trees which are grown for commercial production.

P’s:

Parcel. See definition of “lot.”

Parking area. The portion of a parcel or lot dedicated to vehicle parking.

Parks and recreational facilities, private. A privately owned facility that provides active or passive recreational opportunities, including tennis courts, indoor and outdoor swimming pools, gymnasiums and other similar facilities. Commercial amusement facilities such as water slides, go-carts and miniature golf courses are included in this definition.

Parks and recreational facilities, public. A noncommercial public facility that provides active or passive recreational opportunities. Parks and recreational facilities include neighborhood parks, regional parks, ball fields, tennis courts, indoor and outdoor swimming pools, gymnasiums and other similar facilities.

Perennial stream. A perennial stream or perennial river is a stream or river (channel) that has continuous flow in parts of its stream bed all year round during years of normal rainfall. “Perennial” streams are contrasted with “intermittent” streams which normally cease flowing for weeks or months each year, and with “ephemeral” channels that flow only for hours or days following rainfall. During unusually dry years, a normally perennial stream may cease flowing, becoming intermittent for days, weeks, or months depending on severity of the drought.

Permanent sign. A sign constructed of durable materials and intended to exist for the duration of time that the use or occupant is located on the premises.

Permissive. Allowed but not mandatory.

Permittee. A person, business, or entity that receives a permit.

Person with a disability. Any individual who has an impairment as defined in Section 705(20) of 29 U.S. Code Section 794. An individual with a disability as: (1) having a physical or mental impairment which for such individual constitutes or results in a substantial impediment to employment and can benefit in terms of an employment outcome from certain vocational rehabilitation, or (2) in certain cases, an individual with a physical or mental impairment that substantially limits one or more major life activities.

Personal services. An establishment other than a professional office that provides services to individuals as a primary use, and that may provide accessory retail sales of products related to the services provided. Examples include beauty and barber shops, shoe repair shops and tailor shops, dry cleaners, launderettes, driving schools, martial arts studios, fitness centers, photography studios, funeral parlors and mortuaries, and other similar uses.

Planned development. A planned development is a document, adopted by the board of supervisors, which establishes details specific to an individual development project on one or more contiguous parcels. The planned development establishes, among other things, allowed land uses, development standards, lot sizes, development phasing, infrastructure plans, and other development criteria specific to an individual project. A planned development must be accompanied by a planned development overlay zone applicable to the parcel, or contiguous parcels, upon which the planned development applies.

Pole sign. A permanent freestanding sign that is supported by one upright, brace, pole, or similar structural element and is not attached to or supported by a building.

Poultry husbandry. The raising of domesticated birds such as chickens, turkeys, ducks, and geese, for the purpose(s) of breeding and/or producing meat and/or eggs.

Primary business frontage. Where a business has more than one business frontage, the longest single frontage is considered the primary business frontage.

Primary structure. A structure that accommodates the primary use of the site.

Primary use. The main purpose for which a site is developed and occupied, including the activities that are conducted on the site a majority of the hours during which activities occur. The primary use constitutes the principal use, permitted by right, in a particular zoning classification.

Private farm airstrip. A privately held and privately used runoff and/or strip where small aircraft land and take off. The primary purpose of private farm airstrips is to facilitate the aerial application of crop pesticides and fertilizers.

Produce stand. A business established and operated for the display and sale of agricultural products grown on the premises or on other lands in Colusa County owned or leased by the operator, which may include a limited amount of prepackaged food, such as preserved, baked, or packaged products from crops grown on site that have been prepared on site, subject to all applicable health codes.

Project. A proposed development, such as a single-family home, subdivision, multifamily development, restaurant, grocery store, manufacturing facility, or other commercial, residential, industrial, or other development, or proposed land use, including the uses listed in Article 44-2.

Projecting sign. A sign, other than a wall sign, that is suspended from or supported by a structure attached to a building and projecting or is placed outward from the building. This sign type includes signs that hang from marquees or architectural projections.

Promotional sign. A sign erected on a temporary basis to promote the sale of new products, new management, new hours of operation, new service, grand opening, or to promote a special sale.

Public/mini storage. A building or group of buildings with controlled access that contains individual and compartmentalized stalls or lockers for storage of customers’ goods.

Public safety facility. A facility operated by a public agency for the purpose of protecting public safety, including but not limited to fire stations and other firefighting facilities, police stations and ambulance dispatch facilities.

Pylon sign. A permanent freestanding sign that is supported by two or more uprights, braces, poles, or similar structural elements and is not attached to or supported by a building.

Q’s:

None.

R’s:

Real estate sign. A sign indicating that a property or any portion thereof is available for inspection, sale, lease, rent, or directing people to a property.

Reasonable accommodation. An adjustment to the provisions within the zoning code to accommodate the needs of persons with disabilities.

Recreational facilities, public and private. See “parks and recreational facilities, public” and “private.”

Recreational lodging facility. An establishment primarily engaged in the provision of commercial lodging to the general public on a short term or transient basis (on a transient basis, thirty days or less). Lodging may include the incidental provision of food, drink, sales, and services for the convenience of overnight guests.

Recreational vehicle. A motor home, travel trailer, truck camper, or camping trailer, with or without motive power, designed for human habitation for recreational, emergency, or other occupancy, that meets all of the following criteria:

(1) It contains less than three hundred twenty square feet of internal living room area, excluding built-in equipment, including, but not limited to, wardrobe, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms.

(2) It contains four hundred square feet or less of gross area measured at maximum horizontal projections.

(3) It is built on a single chassis.

(4) It is either self-propelled, truck-mounted, or permanently towable on the highways without a permit.

Recreational vehicle park. Any area or tract of land, or a separate designated section within a mobile home park where two or more lots are rented, leased, or held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate owners or users of recreational vehicles, camping cabins, or tents.

Recycling collection facility. A center for the acceptance by donation, redemption or purchase, of recyclable materials from the public.

Recycling processing facility. A building or enclosed space used for the collection and processing of recyclable materials. Processing means preparation of material for efficient shipment, or to an end-user’s specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing.

Rehabilitated landscapes. A previously landscaped area that is reconstructed, reconfigured, or repurposed with new landscaping on sixty percent or more of the previously landscaped area. Applies to landscaped areas two thousand five hundred square feet or larger.

Religious facilities and institutions. A site or building used by a religious group for regular organized workshop. Religious facility uses include churches, synagogues, mosques, temples and other similar places of worship.

Rendering plant. An establishment engaged in the rendering of inedible stearin, grease, and tallow from animal fat, bones and meat scraps.

Repair shop. See “vehicle repair and maintenance.”

Research and development. A business that engages in research, testing, and development of commercial products or services in technology-intensive fields. Research and development uses do not involve the mass manufacture, fabrication, processing, or sale of consumer products, and do not produce dust, smoke, fumes, odors or noise at levels that would affect surrounding uses. Prototype development and product testing may be included as part of a research and development use. Examples of research and development uses include bio-technology laboratories, alternative energy technology development, agricultural research, and aviation and aerospace technology development.

Residential care facility. A residential care home for more than fourteen persons.

Residential care home. Facilities providing residential, social, and personal care, but where medical care is not a major element, for persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. Residents may include children, the elderly, and/or people with limited ability for self-care. Convalescent hospitals, nursing homes, and similar facilities with medical care services are excluded from this definition. A residential care home is the same as a group home and a special care home.

Residential care home, large. A residential care home for seven to fourteen persons.

Residential care home, small. A residential care home for six or fewer persons. A small residential care facility is the same as a group home serving six or fewer persons. The count of “six or fewer” does not include the licensee, members of the licensee’s family, or the residential care home’s staff. A small residential care facility is considered a residential use of property, and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone (Health and Safety Code Sections 1267.8(c), 1267.16(a), 1566.2, and 1568.031(a)).

Restaurant. Any retail business that sells cooked or hot ready-to-eat food or beverages primarily for on-premises consumption.

Retail, general. Stores and shops selling merchandise to the general public. Examples include retail banks, appliance stores, bookstores, clothing stores, convenience stores, department stores, drug stores, food and beverage stores, furniture stores, art galleries, home improvement stores, vehicle parts and accessories sales, and hardware stores.

Retail, large projects. Stores greater than forty thousand square feet selling merchandise to the general public. Examples include bulk discount stores, club stores, and national chain specialty stores. Grocery stores are excluded from this definition.

Reverse vending machine. An automatic mechanical device which accepts at least one or more types of empty beverage containers including, but not limited to, aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container’s redemption value as determined by the state.

Rider sign. An additional smaller sign that is attached to the primary sign.

Right-of-way. A piece of land acquired by fee title or easement that is occupied or intended to be occupied by certain transportation and/or public use facilities, such as roadways, railroads, and/or utility lines, whether or not the entire area is actually used for such purpose(s).

Riparian habitat. A habitat that is strongly influenced by water and that occurs adjacent to streams, shorelines, and wetlands.

S’s:

Schools. Facilities for primary, secondary, or higher education. Includes trade and vocational schools, colleges and universities.

Sensitive habitat. Sensitive habitat means vegetation types and habitat types that are relatively limited in distribution, and support concentrations of plants or animals legally protected under the California Endangered Species Act or the Federal Endangered Species Act.

Sensitive receptors. A land use that is sensitive to noise, such as a school, library, church, group of homes or residences, and/or hospital.

Setback line. A line established by this chapter to govern the placement of buildings with respect to lot lines, streets, and alleys.

Sewage disposal site. A location where sewage effluent generated off site is discharged.

Shooting range. An indoor or outdoor facility used primarily for the discharge of firearms in a controlled and regulated environment.

Sign. Any device, structure or fixture designed or used to attract attention to an object, person, institution, business, product, service, event, or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination, or projected image.

Sign height. The vertical distance from the uppermost part of a sign to the highest elevation of the finished grade immediately below and adjoining the sign. See Figure 44-3.50-2.

Single-family home. See “dwelling, single-family.”

Single room occupancy. A residential use where occupants have separate bedrooms and living quarters and share common kitchen and bathroom facilities.

Soil amendment. Soil amendment includes all inorganic and organic substances which may be added to the existing soil, ground, or property either directly or mixed into other substances, including but not limited to compost, mulch, soil, or other delivery medium for the purpose of improving a property’s agricultural productivity. Examples include, but are not limited to, gypsum, lime, sulfur, perlite, vermiculite, manure, peat, humus, and finished compost.

Soil amendment facility. An operation or facility that stores, mixes and/or distributes soil amendments for off-site use.

Solar photovoltaic system. A solar photovoltaic system (PV system) is an arrangement of components designed to supply usable electric power for a variety of purposes, using sunlight as the power source.

Solid waste disposal site. A location where solid waste is disposed.

Special care home. A residential home providing twenty-four-hour nonmedical care and supervision that is eligible for a license from the State Department of Social Services, Community Care Licensing Division or a licensing agency authorized by the Department as a “group home – children,” “transitional home,” “adult residential home,” “residential care facility for the elderly or handicapped,” or “foster home.”

Special-status species. A species that is listed, is proposed to be listed, or is a candidate for listing as threatened or endangered under the federal or state Endangered Species Act, a California species of concern, or a plant that is identified by the California Native Plant Society as rare, threatened, endangered, or of limited distribution in California.

Stables, commercial. A stable, other than a private stable, where sixteen or more equine animals are boarded, that are not owned or leased pursuant to a written agreement, by either the property owner or resident. Commercial stables may include the retail or wholesale sales of tack, feed, and other equestrian products. Shows, exhibitions, or other public/quasi events related to equine animals may be included as a part of the commercial stable.

Stables, private. Those facilities used for the shelter, breeding, and/or training of horses and similar equine animals for the use of the residents and their guests. Private stables may include the boarding of fifteen or fewer equine animals that are not owned or leased pursuant to a written agreement, by either the property owner or resident. Private stables that hold more than six events per year shall be considered a commercial stable, regardless of the number of horses boarded.

Stock cooperative. A development as defined by Section 11003.2 of the California Business and Professions Code in which a corporation holds title to improved real property, and all or substantially all of the shareholders of the corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation. The owners’ interest in the corporation shall be deemed to be an interest in a common interest development and a real estate development.

Street. A public or private right-of-way, which provides a primary means of vehicular access to abutting property.

Structure. Anything constructed or erected that requires attachment to the ground or permanently located on the ground, including swimming pools, but excluding driveways, patios, or parking spaces where the area is unobstructed from the ground up.

Substandard legal parcel. A parcel that does not conform to the development standards, including the lot size and/or width regulations, of the zoning classification in which it is located, and which was lawfully established pursuant to the State Subdivision Map Act and/or this Code, or has subsequently become a lawful parcel.

Substantial commencement, new construction. The site has been graded and the foundation is complete.

Substantial commencement, rehabilitation. The portion of the existing structure that will be rehabilitated has been demolished and any new foundation has been completed. For rehabilitation projects that do not involve demolition or foundation, any new framing must be complete.

Supportive housing. Housing with no limit on length of stay, that is occupied by the target population, and that is linked to an on-site or off-site service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community (Government Code Section 65582(f)). Supportive housing is considered a residential use of property, and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.

T’s:

Target shooting range. See “shooting range.”

Tasting rooms. A part of a winery or olive oil production operation at which guests and customers may sample products produced on site.

Telecommunications facilities. An unstaffed facility for the transmission and reception of electromagnetic signals.

Temporary sign. A sign intended to be displayed for a limited period of time and capable of being viewed from a public right-of-way, parking area, or neighboring property.

Temporary structure. A structure that is erected for a limited period of time, typically no longer than one hundred eighty days, except as otherwise provided in Article 44-4, and that does not permanently alter the character or physical facilities of a property.

Temporary use. A short-term activity, as specified in Article 44-4, that may or may not meet the normal development or use standards of the applicable zone, but that occurs for a limited period of time and does not permanently alter the character or physical facilities of a property.

Three-dimensional sign. A sign that has a depth or relief on its surface greater than six inches.

Timber processing. Facilities for forest product processing including sawmills, pulp mills, veneer mills, other timber processing plants, log decks, by-product storage sites, and related operating areas.

Trail head parking or staging area. Parking lots, restrooms, and similar noncommercial facilities for the convenience of pedestrians, hikers, equestrians, and/or bicyclists at a trail head or intersection of a trail and road easement or right-of-way.

Transitional housing. A dwelling unit or building used as temporary housing targeted to recently homeless persons that is operated under a program that requires the termination of assistance and recirculating of the assisted unit to another eligible resident at a predetermined future point in time that shall be no less than six months from the beginning of the assistance (Government Code Section 65582(h)). Transitional housing is considered a residential use of property, and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.

U’s:

Use. The purpose, form or activity for which a site or structure is used, occupied, or maintained.

Utilities, major. Large-scale facilities of a regional nature including power plants, electricity transmission substations, water storage tanks, community wastewater treatment plants, commercial and industrial composting operations, and similar facilities. Photovoltaic power stations and large wind turbines are included in this definition.

Utilities, minor. Utility facilities that are necessary to support development within the immediate vicinity and that involve only minor structures. Examples include power lines, water and sewer lines, water transmission lines, storm drainage facilities, transformers, and water and sewer pump stations.

V’s:

Vector control. Vector control is any method to limit or eradicate the mammals, birds, insects or other arthropods which transmit disease pathogens. The most frequent type of vector control is mosquito control using a variety of strategies.

Vehicle repair and maintenance. An establishment for the repair, alteration, restoration or finishing of any vehicle, including body repair, collision repair, painting, tire and battery sales and installation, and towing. Gasoline sales are allowed under this definition. Repair shops that are part of a vehicle sales or rental establishment on the same site are excluded from this definition.

Vehicle sales and rental. A facility from which vehicles are sold, leased, or rented.

Vineyard. A plantation of grape-bearing vines, commercially grown mainly for winemaking, but also raisins, table grapes and nonalcoholic grape juice.

Visitor-serving agricultural support use. A tourism-based use that provides opportunities to generate additional income in support of a primary on-site agricultural use or operation. Examples include self-pick farms, dude ranches, lodging, crop-based seasonal events, and accessory restaurants or stores.

W’s:

Wall sign. A sign attached to, painted on, or erected against a wall of a structure with the exposed face of the sign generally parallel to the structure wall.

Warehousing, wholesaling, and distribution. Establishments engaged in wholesaling, storage, warehousing, and bulk sale distribution of goods to retailers, contractors, commercial purchasers, or other wholesalers.

Water bodies. Any significant accumulation of water on the Earth’s surface. Water bodies include lakes, rivers, streams, creeks, ponds, wetlands, canals, or sloughs.

Waterways. A waterway is any navigable body of water. Waterways can include rivers, lakes, seas, oceans, and canals. In order for a waterway to be navigable, it must meet several criteria: the waterway must be deep enough to allow the draft depth of the vessels using it; the waterway must be wide enough to allow passage for the beam width of the vessels using it; the waterway must be free of barriers to navigation such as waterfalls and rapids, or have a way around them (such as canal locks and boat lifts); and the current of the waterway must be mild enough to allow vessels to make headway.

Wayfinding sign. A noncommercial sign, landmark, or other visual graphic communication that is part of a coordinated and county-sponsored program for the purpose of directing pedestrian and vehicular traffic to local destinations.

Wetlands. Land that qualifies as a jurisdictional wetland by displaying hydric soils, hydrophilic plants, and wetlands hydrology, as defined by the U.S. Army Corps of Engineers or California Department of Fish and Wildlife. Wetlands include those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, prevalence of vegetation typically adapted for life in saturated soil conditions.

Wind anemometers. A device used for measuring wind speed.

Wind farm. A concentration or array of wind turbines assembled and operated for the purposes of generating electrical power.

Window sign. A sign posted, painted, placed, or affixed in or on a window exposed to public view. Wall signs include any interior sign which faces a window exposed to public view and is located within five feet of the window.

Winery. A building, or portion thereof, used for the crushing of grapes, the fermenting and/or processing of grape juice, the aging, processing, storage, and bottling of wine, or the warehousing and shipping of wine. It shall also include accessory uses, such as: related office, laboratory, wholesale, and retail sales activities and wine tasting and winery tours.

Wrecking yard. Any enclosed or unenclosed surface area of more than two hundred square feet within any parcel, lot or contiguous lots which is used for the storage, keeping, dismantling, processing, baling, or wrecking of inoperable vehicles or portions thereof, inoperable machines, scrap metal, discarded tire casings, used lumber yards or yards for storage of salvaged buildings, wrecking and structural steel materials and equipment and similar materials. This definition includes auto wrecking yards and junk yards; however, it does not include any noncommercial use of the land which is accessory or incidental to an agricultural operation on such land including use, storage, and repair of farm equipment.

X’s:

Xeriscape landscaping. Landscaping and/or gardening that reduces or eliminates the need for supplemental water from irrigation. Examples include rocks, gravel, bark, or other such materials.

Y’s:

Yards. The area of a lot extending between the property line and the setback line(s) and/or structures on a parcel.

Z’s:

Zoning administrator. The zoning administrator shall be the director of the department of planning and building or his or her designee.

Zoning classification. A portion of the land within the county where certain uniform regulations and requirements, or various combinations thereof, apply pursuant to the provisions of this chapter. (Ord. No. 765 § 2 (Exh. A) (part): Ord. No. 788 § 1; Ord. No. 796, § 2.)

Article 44-1: Administrative Provisions

44-1.10 Title.

Chapter 44 of the Colusa County Code shall be known and officially cited as the “zoning code.” (Ord. No. 765 § 2 (Exh. A) (part))

44-1.20 Purpose.

The zoning code carries out the policies of the Colusa County General Plan by classifying and regulating the uses of land and structures, consistent with the General Plan. This zoning code is adopted to protect and promote the public health, safety, comfort, convenience, prosperity, and general welfare of residents, and businesses in the unincorporated County. More specifically, the purpose of this zoning code is to:

(a) Provide standards and guidelines for the continuing orderly growth and development that will assist in encouraging economic growth, protecting the rural and agricultural character, and providing property owners the ability to develop and optimize the use of their land;

(b) Promote the County’s agricultural character and open spaces, including view sheds, cultural and historic resources, forests, hills, and waterways;

(c) Promote proposed development and new land uses that conserve energy and natural resources;

(d) Create a comprehensive and stable pattern of land uses upon which to plan transportation, water supply, waste water, energy, and other public facilities and utilities;

(e) Promote proposed development within established communities that is designed to contribute to the character of the community, through compatible building types and appearance, attractive streetscapes, and appealing pedestrian spaces; and

(f) Promote compatibility between different types of development and land uses. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.30 Authority.

This zoning code is enacted based on the authority vested in the County of Colusa by the State of California, including but not limited to: the State Constitution (Article XI, Section 7); the Planning and Zoning Law (Government Code Section 65000 et seq.); and the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (Ord. No. 765 § 2 (Exh. A) (part))

44-1.40 Responsibility for Administration.

This zoning code shall be administered by the County of Colusa Board of Supervisors, hereafter referred to as the “Board”; the County of Colusa Planning Commission, referred to as the “Commission;” the Director of Planning and Building, referred to as the “Director;” and the Department of Planning and Building, hereafter referred to as the “Department.” (Ord. No. 765 § 2 (Exh. A) (part))

44-1.50 Applicability.

This zoning code applies to all land uses, subdivisions, and development within unincorporated areas under Colusa County jurisdiction. For lands within the unincorporated areas of Colusa County that are not subject to the County’s jurisdiction, such as Federal Lands, this zoning code provides guidance and recommendations that reflect the County’s vision and intent for uses and development within these areas. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.50.010 New Land Uses or Structures, Changes to Land Uses or Structures.

It is unlawful and a violation of this zoning code for any person to establish, construct, reconstruct, alter, or replace any use of land or structure, except in compliance with the requirements of this zoning code. No planning permit, building permit, or grading permit shall be issued by the County unless the proposed development complies with all applicable provisions of this zoning code. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.50.020 Subdivisions.

Any subdivision of land proposed after the effective date of this zoning code shall be consistent with the minimum lot size requirements of Article 44-2 (Zoning Classifications, Allowed Uses, and Development Standards) and Colusa County Code Appendix IV (Subdivisions), and all applicable requirements of this zoning code. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.50.030 Minimum Requirements.

The provisions of this zoning code shall be minimum requirements for the promotion of the public health, safety, and general welfare. When this zoning code provides for discretion or common sense interpretation on the part of a County official or body, that discretion or interpretation may be exercised to require more stringent measures than set forth in this zoning code, in order to promote orderly land use and development, agricultural resource protection, and the other purposes of this zoning code. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.60 Interpretation.

The Colusa County zoning code is a permissive zoning code. Only those uses of land that are expressly permitted outright or permitted with a discretionary permit by the applicable zoning district are allowed. Notwithstanding the aforementioned, an undefined accessory use located upon the same parcel as the primary use or building may be allowed if determined by the director of community development to be subordinate and customarily incidental to the primary use or building. (Ord. No. 765 § 2 (Exh. A) (part): Ord. No. 798, § 2)

44-1.60.010 Authority.

The zoning administrator is delegated the responsibility and authority to interpret the meaning and applicability of all provisions in this chapter. The director of community development, or his designee, shall serve as the zoning administrator. (Ord. No. 765 § 2 (Exh. A) (part): Ord. No. 798, § 3)

44-1.60.020 Exercise of Discretion.

In the event that a provision of this zoning code allows the reviewing authority to exercise discretion in the application of a specific standard or requirement, but does not identify specific criteria for a decision, the following criteria shall be used in exercising discretion:

A. The development complies with all applicable provisions of this zoning code;

B. The exercise of discretion will act to ensure the compatibility of the development with its property boundaries, surrounding properties, and the community; and

C. The decision is consistent with the General Plan. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.60.030 Interpretation and Addressing Conflicting Requirements.

A. Zoning Code Requirements. Where there is a conflict between text and any figure, graphic, or caption, the text governs. The words “shall,” “will,” “is to,” and “are to” are mandatory. “Should” means a regulation that is not mandatory, but must be either fulfilled or the applicant must demonstrate an alternative that fulfills the intent of the regulation. “May” means permitted, but not required.

B. County Code and Zoning Code Provisions. If a conflict occurs between requirements of this zoning code and the requirements of the Colusa County Code, or other regulations of the County, the most restrictive shall apply.

C. Development Agreements, Planned Developments, or Specific Plans. If a conflict occurs between the requirements of this zoning code and standards adopted as part of any development agreement, planned development, or applicable specific plan, the requirements of the development agreement, planned development, or specific plan shall apply.

D. Private Agreements. This zoning code applies to all land uses and development regardless of whether it requires a greater or lesser restriction on the development or use of structures or land than a private agreement or restriction (for example, CC&Rs), without affecting the applicability of any agreement or restriction.

E. Other Requirements May Apply. Nothing in this zoning code eliminates the need for obtaining any other permits required by the County, or any permit, approval or entitlement required by any other applicable special district or agency, and/or the regulations of any state, or federal agency. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.70 Permit application and review procedures.

This article establishes procedures and requirements for the preparation, filing, and processing of permit applications required by the zoning code. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.70.010 Review Authority.

Table 44-1.70-1 identifies the review authority that is responsible for reviewing and making decisions on each type of permit required by this zoning code. Application for any of the decisions identified in Table 44-1.70-1 shall be filed with the Department by completing an application form provided by the Department and accompanied by the appropriate filing fee.

TABLE 44-1.70-1: PLANNING AND DEVELOPMENT PERMIT REVIEW AUTHORITY

TYPE OF DECISION

APPLICABLE ZONING CODE SECTION

ROLE OF REVIEW AUTHORITY1

ZONING ADMINISTRATOR2

PLANNING COMMISSION

BOARD OF SUPERVISORS

Interpretation

44-1.60

Decision

Appeal

Appeal

Site Plan Review

44-1.80.010

Decision

Appeal

Appeal

Administrative Permit

44-1.80.020

Decision

Appeal

Appeal

Minor Use Permit

44-1.80.030

Decision

Appeal

Appeal

Use Permit

44-1.80.030

Recommend

Decision

Appeal

Temporary Use Permit

44-1.80.040

Decision

Appeal

Appeal

Variance

44-1.80.050

Recommend

Decision

Appeal

Minor Variance

44-1.80.060

Decision

Appeal

Appeal

Reasonable Accommodation

44-1.80.070

Decision

Appeal

Appeal

Density Bonus

44-3.40

Recommend

Decision

Appeal

Planned Development

44-2.80.010

-

Recommend

Decision

Development Agreement

44-1.100

-

Recommend

Decision

Zoning Code Amendment (Text or Map)

44-1.110

-

Recommend

Decision

Specific Plan

-

-

Recommend

Decision

General Plan Amendment

-

-

Recommend

Decision

Notes:

1 “Recommend” means that the review authority makes a recommendation to a higher decision-making body; “Decision” means that the review authority makes the final decision on the matter; “Appeal” means that the review authority may consider and decide upon appeals the decision of an earlier decision-making body, in compliance with Article 44-1.80.080 (Appeals).

2 The Zoning Administrator may defer action and refer the request to the Commission, so that the Commission may instead make the decision.

(Ord. No. 765 § 2 (Exh. A) (part))

44-1.70.020 Application Preparation and Filing.

A. Application Contents. All applications for a permit required by the zoning code shall be filed with the Department on an official County application form. The application shall be filed with all required fees, deposits, information, and materials as specified by the Department.

B. Fees for Application Processing. Each applicant for a planning permit processed in compliance with this chapter shall be required to pay all costs incurred by the County for the processing of each application. The Board shall establish a schedule of fees for the processing of the applications and other actions required by this zoning code, hereafter referred to as the County’s fee schedule.

C. Eligibility for Filing. An application for a planning permit may only be filed by the owner of the property subject to the planning permit application, or a lessee or authorized agent of the owner that has the written consent of the property owner to file the application on the owner’s behalf.

D. Concurrent Permit Processing. If more than one planning permit application is submitted for a single project, the applications shall be processed concurrently, with all the permits being considered and acted upon by the highest applicable review authority. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.70.030 Review of Application.

A. Review for Completeness. Review and processing of permits shall be in accordance with the Permit Streamlining Act (Section 65943 of the California Government Code).

1. The Director may require a pre-application conference.

2. The Department shall review each application for completeness and accuracy before it is deemed suitable for submission. A final determination of completeness is not provided at this stage.

3. Receipt of the application by the Department shall be based on the County’s list of required application contents and any additional written instructions provided to the applicant in a pre-application conference or during the initial application review period.

4. As per Permit Streamlining Act, within 30 days of application receipt, except as provided below, the Director shall determine whether or not the application is complete. The applicant shall be informed in writing of the determination that either:

a. the application is complete and has been accepted for processing;

b. the application is incomplete and that specific information is required to complete the application. The letter may also identify preliminary information regarding the areas in which the submitted plans are not in compliance with County standards and requirements; or

c. the application requests permission for an action not allowed in the applicable zone or that cannot lawfully be approved by the County and is not accepted for processing.

In order to expedite the process for administrative permits, temporary use permits, and minor use permits, the Director shall determine whether the application is complete within 14 days unless the applicant is otherwise notified in writing within that time period of additional information necessary to complete the application.

5. If additional information or submittals are required and the application is not made complete within six months of the completeness determination letter or if a written request for extension of time that includes evidence that the applicant is working toward completeness is not provided by the applicant, the application shall be deemed to have been withdrawn and no action will be taken on the application. Unexpended fees, as determined by the Director, will be returned to the applicant provided the applicant submits a written request for a refund.

6. When the Director determines that an application is incomplete and the applicant believes that the application is complete or that the information requested by the Department is not required, the applicant may appeal the determination in compliance with Section 44-1.90.090 (Appeals) and the Permit Streamlining Act (Section 65943 of the California Government Code).

7. After the Director has accepted an application as complete, the Department may require the applicant to submit additional information for the environmental review of the project in compliance with the California Environmental Quality Act (CEQA).

B. Application Review. After acceptance of a complete application, the project shall be reviewed in accordance with the review procedures established by this chapter and the environmental review procedures of the CEQA. The Director will consult with other departments as appropriate to ensure compliance with all provisions of the County Code and other adopted plans and requirements. The Department staff will prepare a report to the designated review authority (Zoning Administrator, Commission, and/or Board) describing the project, along with a recommendation to approve, conditionally approve, or deny the application.

C. Types of Review. The review procedures for various types of planning applications will be subject to one of the following three procedures:

1. Zoning Administrator Review without Public Notice. The Zoning Administrator shall render decisions for all ministerial zoning applications (administrative permit, temporary use permit, and reasonable accommodation) based upon standards that have been adopted by the County as law or as policy without the requirement of a public hearing or notice to surrounding property owners and other parties.

2. Zoning Administrator Review with Public Notice. The Zoning Administrator shall provide written or published notice to affected and interested parties regarding specific findings or conditions prior to a decision for all minor use permit applications. The notice shall be designed to inform interested parties of the pending decision and provide the public a chance to comment before the Zoning Administrator renders a decision.

3. Public Hearing. In accordance with planning and zoning law, the Subdivision Map Act, and the California Environmental Quality Act, public hearings shall be required for all discretionary actions of the County (variance, use permit, planned developments, specific plans, zoning amendments, and General Plan amendments). A public hearing may be conducted before the Board, the Commission, or the Zoning Administrator. During the course of the public hearing, the applicable review authority shall invite public testimony for and against the project, review evidence, and then render its decision in compliance with Section 44-1.80.080 (Decision and Conditions of Approval). (Ord. No. 765 § 2 (Exh. A) (part))

44-1.70.040 Referral of Application.

At the discretion of the Department, or where otherwise required by the County Code, State, or federal law, an application may be referred for comment to any public agency that may have an interest in the project. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.70.050 Staff Evaluation.

The Director shall review all discretionary applications filed in compliance with this article to determine whether they comply and are consistent with the provisions of this zoning code, other applicable provisions of the County Code, the General Plan, and any other applicable County requirements.

A. Staff Report. Department staff shall provide a written recommendation to the Zoning Administrator, Commission, and/or Board (as applicable) on whether the application should be approved, approved subject to conditions, or denied.

B. Report Distribution. Each staff report shall be provided to the applicant at the same time as it is provided to the applicable review authority prior to a hearing on the application. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.70.060 Public Notice.

Notice of public hearings or staff-level review with notice procedures shall be provided as set forth in California Government Code Section 65090 et seq., except that notice shall be provided to owners of real property, as shown on the latest equalized assessment roll, within 300 feet of the real property that is the subject of the public hearing or staff-level review.

A. Requests for Notification. Any person who requests to be on a mailing list for notice of hearing for a development project or projects shall submit such request in writing to the Department. The County may require payment of a reasonable fee for the purpose of recovering the cost of such notification.

B. Failure to Receive Notice. Failure of any person or entity to receive notice required by law of any hearing as required by this title shall not constitute grounds for any court to invalidate the actions of a designated review authority for which the notice was given. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.70.070 Hearing Procedure.

Hearings as provided for in this chapter shall be held at the date, time, and place for which notice has been given as required in this chapter. The designated review authority shall conduct the public hearing and hear testimony. The summary minutes shall be prepared and made part of the permanent file of the case. Any hearing may be continued. If the hearing is not continued to a specific date/time, then the hearing shall be re-noticed. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.70.080 Decision and Conditions of Approval.

The review authority shall make a decision of whether to approve, approve with conditions, or deny a project. In approving an application for a permit or authorization, the review authority may establish reasonable conditions to its approval that are found to be necessary to mitigate impacts created by the proposed project, that are consistent with the General Plan, zoning code, and other applicable laws, ordinances, standards, or regulations, and that protect the public health, safety, and welfare.

A. Conditions of approval may be revised in compliance with Section 44-1.90.080 (Revisions to an Approved Permit).

B. The violation of any required condition shall constitute a violation of this article and may constitute grounds for revocation of the permit or authorization in compliance with Section 44-1.90.090 (Permit Revocation or Modification).

C. The review authority may require recordation of the conditions of approval. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.70.090 Post-Decision Notice.

A. Within 10 days of a final decision on an application for an allowed use decision or permit required by this Article, the County shall provide notice of its final action to the applicant and to any person(s) who specifically requested notice of the County’s final action and has provided a self-addressed stamped envelope.

B. The notice shall contain the final decision by the review authority, any conditions that may have been required, and the findings made to support the decision. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.80 Types of Permits.

This section describes zoning permits and the process to review and approve or deny permit applications. The review authority for each permit is identified in Table 44-1.70-1. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.80.010 Site Plan Review.

The purpose of the site plan review process is to ensure compliance with applicable provisions of this chapter. Site plan review is required for all permitted uses identified in Article 44-2 that require a building permit.

A. Approvals. The Administrator is the designated approving authority for site plan review. Site plan approval is required prior to issuance of any ministerial building permits or site improvement plans and prior to or in conjunction with discretionary action of corresponding development applications (e.g., conditional use permit, variance).

B. Procedure. Site plan review is a ministerial approval. The procedures for site plan review shall be performed prior to issuance of building permit. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.80.020 Administrative Permit.

An administrative permit is a ministerial zoning action that is subject to specific zoning code standards. An administrative permit is required in cases where limited review of a proposed structure or use through the site plan review process is necessary to verify compliance with established standards. The administrative permit shall also be used to establish the legal nonconforming status of a use or structure in compliance with Section 44-1.120 (Nonconforming Uses).

A. Timing. Where Article 44-2 (Zoning Classifications, Allowed Uses, and Development Standards) of this zoning code requires an administrative permit as a prerequisite to establishing a land use, the administrative permit shall be required at the time of Department review of any building, grading, or other construction permit, or other authorization required by this zoning code for the proposed use.

B. Procedure and CEQA. The procedure shall be staff-level without public notice. The issuance of an administrative permit shall be a ministerial project pursuant to CEQA, and shall not be subject to CEQA review.

C. Findings for Approval. When issuing an administrative permit, the Zoning Administrator must find that:

1. The project is consistent with the General Plan, in compliance with the applicable provisions, standards or requirements of this Chapter, any applicable specific plans, or any other regulations adopted by the County through ordinance or resolution; and

2. The project is in compliance with requirements and conditions of previously approved entitlements, such as use permits, or variances, if applicable. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.80.030 Use Permits.

A use or minor use permit is required for uses that are generally appropriate within a zone but due to their nature require site-specific review and consideration of site design to ensure compatibility with surrounding areas and uses. A use or minor use permit is a discretionary action that enables the County to ensure that a proposed use is consistent with all General Plan goals and policies and will not create negative impacts to adjacent properties or the general public. A use or minor use permit is required for all uses specifically identified as requiring a use permit in Article 44-2 (Zoning Classifications, Allowable Land Uses, and Development Standards) and Article 44-4 (Special Use Regulations) of this chapter.

A. Minor Use Permit Findings. Minor use permits provide for a review of minor projects or uses that are allowed, but do not meet the standards for administrative review. Unless the Administrator makes the following findings, the project will be processed as a use permit in compliance with this article:

1. The project incorporates design standards that are capable of mitigating potentially significant environmental impacts to a level less than significant; and

2. The project is planned for immediate development and does not include a phased development.

B. Use Permit Findings. Use permits are discretionary and shall be granted only when the review authority determines that the proposed use or activity complies with all of the following findings:

1. The proposed use is consistent with the General Plan and all applicable provisions of this title.

2. The establishment, maintenance or operation of the use applied for will not, under the circumstances of the particular case (location, size, design, and operating characteristics), be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the area of such use.

A. Conditions. The following standard conditions shall apply to all minor use permits and use permits:

1. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of this Use Permit, constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Colusa County zoning code, including Section 44-1.90.090.

2. Unless otherwise provided for in a special condition to this Use Permit, all conditions must be completed prior to or concurrently with the establishment of the granted use.

3.  changes may be approved administratively by the Directors of Planning and Building (Zoning Administrator), Environmental Health, or Public Works or their respective designee upon receipt of a substantiated written request by the applicant. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application or amendment.

4. The use granted by this permit must be established within two years of the delivery of the countersigned permit to the Permittee. If any use for which a Use Permit has been granted is not established within two years of the date of receipt of the countersigned permit by the Permittee, the permit shall become null and void and re-application and a new permit shall be required to establish the use.

5. The terms and conditions of this permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors and assigns of the Permittee.

The review authority may require additional conditions, or remove conditions recommended by staff, to ensure conformance with this chapter and/or to protect public health and safety, including conditions related to:

1. Requirements for vehicular ingress/egress and corresponding traffic safety provisions, parking requirements and facilities, and hours of operation.

2. Regulation of public nuisance factors (e.g., light glare, noise, vibration, smoke, dust, dirt, odors, gases, and heat).

3. Regulation of maintenance and site restoration during and after termination of the use permit. A bond or other form of security acceptable to the review authority may be required prior to the initiation of the use to ensure cleanup after the use is finished. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.80.040 Temporary Use Permit.

The purpose of a temporary use permit is to allow uses of a temporary nature on private property to exist for a specified length of time, in a manner which will not adversely impact the general welfare of persons residing in the community. A temporary use permit is required prior to the construction or operation of any facilities or uses associated with any activity that requires authorization of a temporary use permit. Also see temporary use provisions in Article 44-4.80 (Temporary Uses).

A. Findings. A temporary use permit shall be granted only when the designated review authority finds that the proposed activity complies with all of the following criteria:

1. The establishment, maintenance or operation of the temporary use will not be detrimental to the public health, safety or welfare of the persons residing or working in the neighborhood or vicinity of the proposed use (e.g., excessive dust, noise, light, odor, or other objectionable characteristics).

2. The temporary use is in conformance with applicable provisions of this chapter and other regulations of the County, including but not limited to fire access and prevention, security provisions, and access to necessary water and sewer services.

3.  for removal of the use and site restoration have been required.

B. Conditions. The following standard conditions shall apply to all Temporary Use Permits:

1. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of this temporary use permit, constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Colusa County zoning code, including Section 44-1.90.090.

2. Unless otherwise provided for in a special condition to this Temporary Use Permit, all conditions must be completed prior to or concurrently with the establishment of the granted use.

3. Minor changes may be approved administratively by the Directors of Planning and Building (Zoning Administrator), Environmental Health, or Public Works or their respective designee upon receipt of a substantiated written request by the applicant. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application or amendment.

4. The terms and conditions of this permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors and assigns of the Permittee.

The review authority may require additional conditions to ensure conformance with this chapter and/or to protect public health and safety, including conditions related to:

1. Requirements for vehicular ingress/egress and corresponding traffic safety provisions, parking requirements and facilities, and hours of operation.

2. Regulation of public nuisance factors (e.g., light glare, noise, vibration, smoke, dust, dirt, odors, gases, and heat).

3. Regulation of maintenance and site restoration during and after termination of the temporary use or expiration of the temporary use permit. A bond or other form of security acceptable to the review authority may be required prior to the initiation of the use to ensure cleanup after the use is finished. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.80.050 Variance.

In accordance with Section 65906 of the California Government Code, a variance request allows the County to grant exception to the development standards and provisions of this chapter in cases where, because of special circumstances applicable to the property, the strict application of this chapter deprives such property of privileges enjoyed by other property in the vicinity and under identical land use zoning classifications. A variance approval is required to grant exception from any of the development standards and provisions of this chapter. Variance applications may not be granted for uses or activities not otherwise permitted by zoning classification regulations.

A. Findings. The review authority may approve and/or modify any variance application in whole or in part, with or without conditions, only if the applicant can demonstrate that the circumstances of their particular case can justify making all of the following findings:

1. That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, such that the strict application of this title deprives such property of privileges enjoyed by other property in the vicinity and under identical land use zoning classifications.

2. That granting the variance does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and zoning classification in which such property is located.

3. That granting the variance will not adversely affect the interests of the public or the interests of residents and property owners in the vicinity of the premises in question.

4. That granting the variance is consistent with the objectives of the General Plan and this chapter.

B. Conditions. The review authority may require conditions for the variance to ensure compliance with this section and other applicable provisions of this chapter. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.80.060 Minor Variance.

The Zoning Administrator may grant a minor variance from the standards set forth in this Title of up to the limits set forth in the applicable sections, or 25 percent of the area or dimension, whichever is greater, subject to the following procedures:

1. After submittal of a complete application, the Department shall notify property owners within 300 feet of the project by mail of the proposed request;

2. A period of 10 days shall be provided to the adjacent property owners to comment on the proposed request;

3. If an objection is received during the comment period, the Zoning Administrator shall not approve the proposed request, and elevate the review to the Commission. The Administrator may also, at his or her discretion, elevate the review to the Commission regardless of whether an objection is received.

4. If an objection is not received during the comment period, prior to approval of the minor variance the Zoning Administrator must make all of the following findings:

a. The proposed waiver or relief does not exceed the limits set forth in this article;

b. There are no objections from any adjacent property owner; and

c. The proposed waiver or relief will not be detrimental to the public health, safety, and welfare. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.80.070 Reasonable Accommodation.

This article provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act (the Acts) in the application of zoning laws, building regulations, and other land use regulations, policies and procedures.

A. Applicability. A request for reasonable accommodation may be made by any person with a disability, their representative or any entity, when the application of a zoning law, building regulation, or other land use regulation, policy or practice acts as a barrier to fair housing opportunities. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment. This article is intended to apply to those persons who are defined as disabled under the Acts.

A request for reasonable accommodation may include a modification or exception to the rules, standards and practices for the siting, development, improvement, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice. Requests for reasonable accommodation shall be made in the manner prescribed by Paragraph B - Application Requirements.

B. Application Requirements. Requests for reasonable accommodation shall be submitted on an application form provided by the Department of Planning and Building, or in the form of a letter, to the Director of Planning and Building and shall contain the following information:

1. The applicant’s name, address, and telephone number.

2. Address of the property for which the request is being made.

3. The current actual use of the property.

4. The basis for the claim that the individual is considered disabled under the Acts.

5. The County Code provision, zoning code provision, or other regulation or policy from which reasonable accommodation is being requested.

6. Why the reasonable accommodation is necessary to make the specific property accessible to the individual.

If the project for which the request for reasonable accommodation is being made also requires some other approval or permit (including but not limited to: administrative permit, use permit, development plan review, general plan amendment, zone change, etc.), then the applicant shall file the information required by Paragraph B for concurrent review with the application for discretionary approval.

C. Review Procedure.

1. Director Review. The Director, or his designee, shall make a written determination within 30 days and either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with Section 44-1.80.080 (Decisions and Conditions of Approval).

2. Other Reviewing Authority. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the authority responsible for reviewing the discretionary land use application in compliance with the applicable review procedure for the discretionary review. The written determination to grant or deny the request for reasonable accommodation shall be made in accordance with Paragraph D (Findings and Decision) of this section.

3. Additional Information. If necessary to reach a determination on the request for reasonable accommodation, the reviewing authority may request further information from the applicant consistent with the Acts, specifying in detail the information that is required. In the event that a request for additional information is made, the thirty day period to issue a decision is stayed until the applicant responds to the request.

D. Findings and Decision.

1. Findings. The written decision to grant or deny a request for reasonable accommodation will be consistent with the Acts and shall be based on consideration of the following factors:

a. Whether the structure or use that is the subject of the request will be used by an individual with a disability protected under the Acts.

b. Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts.

c. Whether the requested reasonable accommodation would result in an undue financial or administrative burden on the County.

d. Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a County program or law, including but not limited to land use and zoning.

e. Potential impact on surrounding uses.

f. Physical attributes of the property and structures.

g. Alternative reasonable accommodations which may provide an equivalent level of benefit.

2. Conditions. In granting a request for reasonable accommodation, the reviewing authority may require any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by Paragraph (1) above. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.80.080 Appeals.

Any decision by the Director, Zoning Administrator, or Commission may be appealed by the applicant or any other affected party as described below.

A. Eligibility.

1. An appeal may be filed by any person affected by an administrative determination or action by the Director or Zoning Administrator, as described in this article;

2. In the case of a decision with public notice and/or hearing decision described in this article, an appeal may be filed by anyone who, in person or through a representative, presented testimony at a public hearing in connection with the decision being appealed, or who otherwise informed the County in writing of the nature of their concerns before the hearing or determination.

B. Filing. An appeal must be filed within 10 days from the decision by the review authority by submitting an appeals request in writing together with the applicable fee to the Board Clerk. The appellant shall clearly identify in the appeal documentation the specific reasons for the appeal and the relief requested.

C. Scope. The appeal of a decision made by a review authority at a noticed public hearing may be as to the whole decision or only a part of the decision. If an appellant chooses, an appeal may be taken solely from a finding, action, or condition.

D. Consideration. The hearing body for the appeal shall consider all issues raised by the appellant and may consider other relevant issues related to the project being appealed. The hearing body for the appeal shall be as follows:

1. All decisions of the Director are appealable to the Commission and then to the Board.

2. All decisions of the Zoning Administrator are appealable to the Commission and then to the Board.

3. All decisions of the Commission are appealable to the Board.

4. All decisions of the Board are final.

E. Timing of Hearing. The hearing on an appeal shall be set no more than 45 days from receipt of a completed appeal form and fee. If the Commission or Board meeting is canceled for any reason on the date on which the appeal would normally be heard, the appeal shall be heard on the first available regularly-scheduled meeting following the canceled meeting date. The 45-day time limitation may be extended by mutual consent of the appellant(s), the applicant, if different from the appellant, and the appeals body. Once the date and time for the hearing is established the hearing may be continued only by such mutual consent.

F. Withdrawal. In any appeal action brought in compliance with this Section, the appellant(s) may withdraw the appeal, with prejudice, at any time prior to the commencement of the public hearing. For the purposes of this Section, the public hearing shall be deemed commenced upon the taking of any evidence, including reports from staff.

G. Judicial Review. No person shall seek judicial review of a County decision on a planning permit or other matter in compliance with this chapter until all appeals to the Commission and Board have been first exhausted in compliance with this section.

H. Findings and Decision. The appeal body shall conduct a public hearing in compliance with Sections 44-1.70.060 (Public Notice) and 44-1.70.070 (Hearing Procedure).

1. When reviewing an appeal the review authority may consider any issue associated with the project, including the applicable environmental determination for which a decision is being appealed, in addition to the specific grounds for the appeal.

2. If new or different evidence is presented during the appeal hearing, the Commission or Board, may refer the matter back to the Director, Zoning Administrator, or Commission, as applicable, for a report on the new or different evidence prior to a final decision on the appeal.

3. Decision. After a public hearing, the appeal body may:

a. Approve, modify, or deny the appealed decision based on the record on appeal and the evidence received at the hearing on appeal; and

b. Adopt additional conditions of approval deemed reasonable and necessary. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.90 Permit Implementation, Time Limits, and Extensions.

This section provides requirements for the implementation of approved permits and authorizations required by this zoning code, including time limits, procedures for granting revisions or extensions of time to an approved permit, and revocation of approvals. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.90.010 Effective Date.

An administrative permit, use permit, minor use permit, variance, or minor variance shall become effective on the eleventh calendar day following the date of application approval by the review authority, provided that no appeal has been filed in compliance with Section 44-1.80.080 (Appeals) of this chapter. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.90.020 Effect of Permit Approval.

Development of a new land use authorized through a permit approved in compliance with this chapter shall be established only as approved by the review authority and in compliance with all conditions of approval. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.90.030 Applications Deemed Approved.

A permit application deemed approved in compliance with Government Code Section 65956 shall be subject to all applicable provisions of this zoning code, the General Plan, the County’s improvement standards, and other adopted policies or regulations which shall be satisfied by the applicant before a building permit is issued or a land use not requiring a building permit is established. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.90.040 Permits to Run with the Land.

Any permit or authorization that is granted in compliance with this chapter shall be deemed to run with the land through any change of ownership of the subject site, from the effective date of the permit, except in any case where a permit expires and/or becomes void in compliance with Section 44-1.90.070 (Permit Time limits, Extensions, and Expiration) of this article, provided the project is in compliance with any licensing requirements. All applicable conditions of approval shall continue to apply after a change in property ownership. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.90.050 Performance Conditions.

A. As a condition of approval of a use permit, minor use permit, variance, minor variance, upon a finding that it is warranted for public health, safety and welfare, the review authority may require a form of surety in a reasonable amount to ensure the faithful performance of one or more of the conditions of approval. The security shall, as required by law or otherwise at the option of the County, be in the form of a performance bond, or other security acceptable to the County, executed by the applicant and a corporate surety authorized to do business in California. The security shall remain in effect until all of the secured conditions have been performed to the satisfaction of the Director.

B. Security required in compliance with this section shall be payable to the County.

C. Upon satisfaction of all applicable provisions of this article, the security deposit will be released.

D. Upon failure to perform any secured condition, the County may perform the condition, or cause it to be done, and may collect from the applicant, and surety in case of a bond, all cost incurred, including engineering, legal, administrative, and inspection costs. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.90.060 Effect of Permit Denial.

If a permit application is either denied by the review authority without appeal, or is denied by an appeal body, no new application for the same or substantially similar proposal shall be filed with the County for at least twelve months from the date of the final decision denying the application or proposal. Any unused portion of the security shall be refunded to the applicant after deduction of the cost of the work. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.90.070 Permit Time Limits, Extensions, and Expiration.

A. Time Limits. Any permit or approval not exercised within 24 months of the effective date shall expire and become void unless a condition of approval or other provision of this article establishes a different time limit.

1. The permit shall not be deemed “exercised” until the applicant or property owner has substantially commenced or alteration under an active building permit or, in cases where a building permit is not required, has substantially commenced the allowed use or activity on the site in compliance with the conditions of approval.

2. After it has been exercised, a planning permit shall remain valid as long as a building permit is active for the project, the applicant has complied with all applicable conditions of approval, and after a final building inspection or certificate of occupancy has been granted.

3. If a project is to be developed in approved phases, each subsequent phase shall be exercised within two years from the date that the previous phase was exercised, unless otherwise specified in the permit, or the permit shall expire and be void. If the project also involves the approval of a tentative map, the phasing shall be consistent with the tentative map and the permit shall be exercised before the expiration of the tentative map, or the permit shall expire and be void.

B. Time Extensions. Upon written request by the applicant, the original review authority for the permit may extend the time limit for the permit to be exercised in compliance with the following procedures:

1. The applicant shall file a written request, together with the filing fee required by the County’s fee schedule, for an extension of time with the Department before the expiration of the permit. Upon the timely filing of an extension request, permit expiration shall not occur until action by the County on the extension request.

2. The review authority shall determine whether the applicant has made a good faith effort to exercise the permit. The burden of proof is on the applicant to establish, with substantial evidence, that circumstances beyond the control of the applicant have prevented exercising the permit.

3. A permit may be extended by the review authority for no more than one additional 12-month period, provided that the review authority first finds that there have been no changes in the conditions or circumstances of the site or project such that there would have been grounds for denial of the original project. Modified or additional conditions may be required when a time extension is granted that update the permit where required to protect the public health and safety or to comply with provisions of state or federal law. The decision of the review authority on a time extension may be appealed in compliance with this title.

C. Effect of Expiration. After the expiration of a planning permit in compliance with 44-1.100.070(A) of this section, no further work shall be done on the site until a new planning permit and any required building permit or other County permits are first obtained. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.90.080 Revision to an Approved Permit.

Development or a new land use authorized through a permit granted in compliance with this zoning code shall be established only as approved by the review authority, and in compliance with all conditions of approval, except where a change to the project is approved as follows:

A. An application for the revision to an approved permit is submitted to the Department. The application shall consist of a written description of the proposed modifications, appropriate supporting documentation, plans, or other information deemed necessary by the Director to evaluate the proposed change.

B. The Director may authorize one or more minor changes to an approved site plan, architecture, landscape plan, parking layout, or the nature of the approved land use where the Director first finds that each change:

1. Is consistent with all applicable provisions of this chapter;

2. Does not involve a feature of the project that was specifically addressed in the conditions of approval or mitigation measures or was the basis for the project approval or findings in a negative declaration or environmental impact report for the project;

3. Is minor and will not adversely affect the surrounding area;

4. Does not substantially alter the original approval; and

5. Does not result in an expansion of the project.

C. The Director may choose to refer any requested change to the original review authority for review and final action.

D. Changes Approved by Original Review Authority. A proposed change that does not comply with the criteria in Paragraph B of this section shall only be approved by the original review authority for the project through an application amendment. The amendment to the original application request shall be submitted in writing.

E. If the original approval required a public hearing, the applicable review authority shall hold a public hearing on the proposed amendment in accordance with Sections 44-1.70.060 (Public Notice) and 44-1.70.070 (Hearing Procedure). (Ord. No. 765 § 2 (Exh. A) (part))

44-1.90.090 Permit Revocation or Modification.

The County may revoke, or modify the conditions of approval, of any discretionary permit as provided for in this article.

A. Review Authority.

1. A permit may be revoked or modified by the review authority which originally approved the permit.

2. In instances where the Zoning Administrator was the review authority, the Zoning Administrator may choose to refer any action to revoke or modify a permit to the Planning Commission for review and final decision.

B. Public Hearing. Public notice and hearing for any action to revoke or modify a permit shall be conducted in accordance with Sections 44-1.70.060 (Public Notice) and 44-1.70.070 (Hearing Procedure).

C. Findings. The review authority may revoke or modify a permit only if one or more of the following findings can be made:

1. The applicant or property owner has altered the circumstances under which the permit was granted to a degree that one or more of the findings required to grant the original permit can no longer be made.

2. Permit issuance was based on misrepresentation by the applicant, either through omission or the making of a false material statement in the application, or in public hearing testimony.

3. One or more conditions of approval have been violated or have not been complied with or fulfilled.

4. The use or structure for which the permit was granted no longer exists or has been discontinued for a continuous period of at least 12 months.

5. The applicant or property owner has failed to accommodate or refused to allow inspections for compliance.

6. Improvements authorized by the permit are in violation of the zoning code or any law, ordinance, regulation, or statute.

7. The use or structure is being operated or maintained in a manner which constitutes a nuisance.

D. Effect of Revocation. The revocation of a permit shall have the effect of terminating the approval and denying the use or project granted by the permit. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.100 Development Agreements.

This section establishes procedures and requirements for the adoption and amendment of development agreements in compliance with Government Code Section 65864 et seq. A development agreement provides assurances to an applicant of a development project that, upon approval, the project may proceed in accordance with the conditions placed upon it by the review authority, as well as with existing policies, rules, and regulations. Development agreements strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.100.010 Review Authority.

The designated approving authority for development agreement applications is the Board, with consideration to the review and recommendation by the Commission in compliance with Sections 44-1.80 (Permit Application and Review Procedures). Approval of a development agreement shall be by ordinance. The approval of a development agreement is a discretionary project pursuant to CEQA. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.100.020 Findings.

A development agreement may only be granted when the Board makes all of the following findings:

A. The development agreement is consistent with the General Plan, the County Code, and any other applicable plans or regulations.

B. The development agreement is in conformance with the public convenience and general welfare of persons residing in the immediate area and will not be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the County as a whole.

C. The development agreement will promote the orderly development of property or the preservation of property values.

D. The development agreement specifies the duration of the agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes.

E. The development agreement is consistent with the requirements of State law, including Government Code Sections 65865 through 65869.5. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.100.030 Recordation and Filing of Agreement.

Within 10 days after the effective date of a development agreement or any amendment thereof, the Clerk of the Board shall have the agreement or amendment recorded with the County Recorder. Additionally, the Clerk of the Board shall be the official custodian of the agreement file. Said file shall include an executed copy of the agreement and the originals of all exhibits, reports of periodic review, amendments, and/or cancellations to the agreement. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.100.040 Amendment, Assignment, or Cancellation.

A. Either party may propose an amendment to or cancellation in whole or in part of any development agreement. The applicant may request the assignment of the agreement to another party. The procedure for proposing amending, cancelling, or assigning the development agreement shall be the same procedure for entering into an agreement as set forth in this section.

B. Any amendment or cancellation shall be by mutual consent of the parties or as otherwise provided in the agreement. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.100.050 Periodic Review.

The Director shall review the development agreement every 12 months from the date the agreement is entered into and provide a written report to the Board. The burden of proof is on the applicant to provide necessary information verifying compliance with the terms of the agreement. The applicant shall also pay applicable fees for such review. If the Director finds that any aspect of the development project is not in strict compliance with the terms of the agreement or may warrant consideration by the Board, the Director may schedule the matter before the Board for review. If the Board determines on the basis of substantial evidence that the applicant has not complied in good faith with the terms and conditions of the agreement during the period under review, the Board may modify or terminate the agreement. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.110 Zoning Code Amendment.

The purpose of a zoning code amendment is to allow modification to any provisions of this chapter (including the adoption of new regulations or deletion of existing regulations) or to change the zoning designation on any parcel(s). This section is consistent with Section 65853 of the California Government Code. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.110.010 Approving Authority.

The designated approving authority for zoning amendments is the Board. The Director and Commission provide recommendations and the Board approves, conditionally approves, or denies the zoning amendment in accordance with the requirements of this section. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.110.020 Initiation of Amendment.

A zoning amendment to this chapter may be initiated by motion of the Board or Commission, by application by property owner(s) of parcel(s) to be affected by zoning amendment, or by recommendation of the Director to clarify text, address changes mandated by state law, maintain General Plan consistency, address boundary adjustments affecting land use designation(s), or for any other reason beneficial to the County. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.110.030 Findings for Zoning Amendment (Text or Map).

Zoning amendments shall be granted only when Board makes the following findings:

A. The proposed zoning amendment (text or map) is consistent with the General Plan goals, policies, and implementation programs. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.110.040 Conditions/Restrictions.

When considering rezone applications, the Board has the authority to require restrictions on property including the restriction of use. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.120 Nonconforming Uses.

(Ord. No. 765 § 2 (Exh. A) (part))

44-1.120.010 Provisions.

Existing uses, structures and buildings, and lots or parcels which do not conform to the regulations of the zone in which they are located shall be subject to these specific regulations. Within the zoning classifications established by this chapter, as it may be amended, there exist lots, structures and uses which were legal prior to the effective date of the provisions codified in this chapter or future amendments thereof, but which would be prohibited, regulated or restricted by the terms of such provisions on the effective date. Such lots, structures and uses are herein called “legal nonconformities.” Legal nonconformities may be continued notwithstanding the prohibition, regulation, or restriction of those provisions subject to the provisions of this chapter. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.120.020 Purpose.

It is the purpose of this section to establish procedures to permit the continued operation of nonconforming uses where the nonconforming uses are appropriate while eliminating nonconforming uses through abandonment, obsolescence, or destruction. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.120.030 Types of Nonconforming Uses.

As used in this chapter, the term nonconforming uses includes several types of nonconformities. Several distinct types of nonconformities can be distinguished from one another. These include:

A. Nonconforming building. That situation which occurs when a building or structure does not conform to the zone regulations because of size, height, location, materials, or proximity to other buildings;

B. Nonconforming use of a building. That situation which occurs when the use of a building or structure does not conform although the building or structure does;

C. Nonconforming uses of land. That situation where the use of the land regardless of any buildings or structures does not conform; and

D. Conditional use without use permit. That situation where a use which is listed as a conditional use of the zone in which it is located does not have a use permit.

For the purposes of this chapter these various nonconformities shall be known as nonconforming uses. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.120.040 Continued Use of a Legal Nonconforming Use.

Except as otherwise provided, any use, building or structure, existing on the effective date of this chapter may be continued even though such use, building or structure may not conform with the regulations of the zone in which it is located. Provided, however, that such use must have been lawfully established and not in violation of any ordinance, statute or regulation in effect at the time. Furthermore, such use, structure or building must have been in existence at the time, not merely contemplated. Use permits, variances, building permits, or other permits not exercised within the required time do not establish the right to a legal nonconforming use. Pursuant to law, the party asserting a right to a nonconforming use has the burden of proof to establish the lawful and continuing existence of the use at the time of the enactment of the ordinance, statute, or regulation. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.120.050 Change or Expansion of Nonconforming Use.

Except as otherwise provided, no nonconforming use shall be expanded, enlarged, extended, reconstructed, substituted, or structurally altered unless made to conform to the use standards, and regulations for the zone within which it is located. Provided, however, that any nonconforming use may be changed to another nonconforming use, expanded, enlarged, extended, reconstructed, or structurally altered upon obtaining a use permit. When considering a use permit for a nonconforming use, the reviewing authority shall grant the use permit when it finds that the change, expansion, enlargement, extension, reconstruction or structural alteration of such use will not conflict with, impair or be detrimental to the uses both permitted and conditional of the zone in which it is located and/or adjoins. This finding shall be in addition to the findings required by Section 44-1.80.030. Pursuant to Section 44-1.80.030, the reviewing authority may require conditions upon the issuance of the use permit which are reasonably related to the use of the property for which the use permit is requested. In addition, the reviewing authority may at its own discretion establish a date for either the termination of the use or review of the use permit. Whenever a nonconforming use has been changed to conform to the uses, standards, and regulations of the zone in which it is located, it shall not subsequently be changed to a nonconforming use. Agricultural uses and agricultural operations are exempt from these requirements. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.120.060 Residential Substitution Permitted.

The substitution of a single nonconforming residential building or structure is permitted subject to a review and conditions required by the Director. Such conditions shall be limited to setbacks, yards, locations, height, and placement of the building or structure on the property. Substitution of a nonconforming mobile home shall be considered a permitted residential substitution under the terms of this chapter. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.120.070 Maintenance and Repairs for Safety.

Nothing in this chapter shall prevent the normal, ordinary, customary maintenance of a nonconforming use provided that such maintenance does not include major structural alterations which have the effect of expanding, enlarging or extending the nonconforming use. Nothing in this chapter shall prevent any such repair, alteration or restoration to a safe condition of any portion of a nonconforming use when so directed by the Director upon a finding that such is necessary for the protection of the public health and safety. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.120.080 Construction, Use Permits, and Amendments.

A. Nothing in this chapter shall require any change in the plans, construction size, or designated use of any land, building, or structure for which building permits have been issued in accordance with the provision of this chapter or ordinances then in effect. Provided, however, that the actual use or construction under such permit has started prior to the effective date of this chapter and in all such cases be carried out in a normal manner until completion.

B. Except as provided by this section and Section 44-1.80.030, any rezoning or subsequent amendment of this chapter which has the effect of eliminating a particular conditional use or changing the conditions under which a particular conditional use may be allowed shall remain valid, unless specifically stated to the contrary in the amending ordinance. Subject to the limitations of this section and Section 44-1.80.030, any such use permits shall remain valid and may be used, extended, transferred, or modified through amendment pursuant to Section 44-1.80.030. No extension of a use permit shall be granted following such rezoning or amendment unless the applicant makes a satisfactory showing to the reviewing authority that there have been substantial expenditures made in reliance upon the continued effectiveness of the use permit within the prescribed time period and/or the inability to complete the project authorized by the use permit is due to reasons beyond the applicant’s control. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.120.090 Nonconforming Parcels of Record.

A. A nonconforming parcel that does not comply with the applicable zoning district’s area, width, or depth requirements shall be considered a legal parcel which may be used and built upon the same as any other legal parcel that fully complies with the applicable zoning district’s area, width, or depth requirements if it meets at least one of the following criteria to the satisfaction of the director of community development:

1. Approved Subdivision. The parcel was created by a recorded subdivision;

2. Individual Parcel Legally Created. The parcel was legally created before the effective date of the zoning amendment that made the parcel nonconforming;

3. Variance. The parcel was approved through a variance; or

4. Partial Government Acquisition. The parcel was legally created, but was made nonconforming or an existing nonconformity increased when a portion was acquired by a governmental entity.

B. A legal nonconforming parcel may be part of a lot line adjustment and shall not be required to meet the applicable zoning district’s area, width, and/or depth requirements; provided, that the nonconforming development standard is not increased.

C. Development on a legal nonconforming parcel shall be required to be built in full conformity with all development standards unless a variance for any nonconformity is approved.

D. Any development on a legal nonconforming parcel shall meet any applicable water and sewer requirements of the environmental health division. (Ord. No. 765 § 2 (Exh. A) (part): Ord. No. 798, § 3)

44-1.120.095 Physically Divided Parcels of Record.

Notwithstanding any provision to the contrary, legally established parcels of land of record meeting minimum parcel requirements, which are physically divided or split, by a public work of improvement or public project, such as a highway, a water delivery canal, a water storage facility or like type of public improvement, authorized and constructed by a public entity, may be divided into legal parcels that do not meet minimum parcel size requirements. Any such division shall conform with state law, the County Code, and shall not result in legal parcels smaller than the physical division. (Ord. No. 778 § 1)

44-1.120.100 Abandonment of Nonconforming Use.

A. Abandonment – Consequences. A nonconforming use shall be abandoned when it is voluntarily discontinued with the intent not to resume it. There shall be a presumption that a nonconforming use which has been discontinued for a period of twelve consecutive months has been abandoned; however, the property owner, occupant or other party asserting the right to a legal nonconforming use has the burden of proving the legal and continuing existence of the use. Once abandoned, a nonconforming use shall no longer be a legal nonconforming use entitled to the rights and privileges described in this chapter and thereafter shall be made to conform to the uses, standards, and requirements of the zone in which it is located.

B. Determination of Abandonment – Appeal. The Director, at his or her sole discretion, may determine whether or not a nonconforming use has been abandoned and may mail notice of such determination to the property owner using the address from the latest equalized assessment roll of the County of Colusa and to the occupant at the street address of the property. The property owner or occupant may, within fifteen days of the mailing of said determination, appeal the determination to the Board. If no such appeal is filed, the determination of the Director shall be final. If such appeal is filed, it shall be filed and heard in the same manner as appeals pursuant to Section 44-1.70.010 (Review Authority) and Section 44-1.80.080 (Appeals). (Ord. No. 765 § 2 (Exh. A) (part))

44-1.120.110 Restoration of Nonconforming Buildings or Structures.

A nonconforming building or structure which does not conform to the required side yard, rear yard, or street setback areas, which is in need of restoration by demolition totally or in part, may be restored to a total floor area or to the same extent as the original only upon securing a use permit pursuant to Section 44-1.80.030. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.120.120 Restoration of Nonconforming Uses.

A nonconforming use, building, or structure catastrophically damaged or destroyed totally or in part may be restored to a total floor area or to the same extent as the original without a use permit. Provided, however, that any expansion, enlargement, or extension of the nonconforming use be allowed only upon securing a use permit pursuant to Section 44-1.80.030. Any such restoration or reconstruction of a nonconforming use not requiring a use permit shall commence within twelve months and be completed within twenty-four months of the time of damage or it shall be deemed abandoned. Upon application to the planning commission an extension of time for the restoration of a nonconforming use may be granted not to exceed five years in total. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.120.130 Nonconforming Building or Structure – Relocation.

A nonconforming building or structure shall not be moved to any other lot or to any other portion of the lot in which it is presently located unless, as a result of the move, the building or structure conforms to the regulations of the zone in which it will be located after the move. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.120.140 Nonconforming Use and Building – Additions, Enlargements, Repairs.

Except where ordered by the building inspector to protect the health and safety of the occupant, there shall be no addition or alteration of any building or structure where the use of land and the structure are both nonconforming. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.130 Enforcement.

(Ord. No. 765 § 2 (Exh. A) (part))

44-1.130.010 Issuance of Permits, Certificates, and Licenses.

All departments, officers, and public employees vested with the duty or authority to issue permits or licenses shall issue no permit or license for uses, buildings or purposes in conflict with the provisions of this zoning code. Any permit, certificate or license issued in conflict with the provisions of this zoning code shall be null and void. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.130.020 Enforcement.

The Director shall be responsible for the primary enforcement of the provisions of this chapter. The Director shall be aided in this enforcement responsibility by the officers and authorized representatives of the county agencies, departments, and offices charged with the responsibility of administering, implementing, and ensuring compliance with the provisions of this chapter and the County Code. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.130.030 Penalties for Violations.

Any person, whether principal, agent, employee, or otherwise, violating or causing or permitting the violation of any of the provisions of these regulations shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than five thousand dollars or by imprisonment for not more than six months, or by both such fine and imprisonment. Abatement of the violation shall be required and shall be conducted in accordance with Chapter 42. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.130.040 Public Nuisance and Abatement.

Any building or structure, or any use of property contrary to or in violation of this chapter is a public nuisance, as established by Chapter 42. All abatement and enjoinment proceedings shall be conducted in accordance with Chapter 42.

Should a violation of a condition of approval of a permit not be corrected in a reasonable timeframe, the County may undertake proceedings to revoke the permit in accordance with Article 44-1.90.090 (Permit Revocation or Modification). (Ord. No. 765 § 2 (Exh. A) (part))

44-1.130.050 Remedies Cumulative.

The remedies provided herein shall be cumulative and not exclusive. (Ord. No. 765 § 2 (Exh. A) (part))

Article 44-2: Zoning Classifications, Allowed Uses, and Development Standards

44-2.10 Establishment of Zoning Classifications.

The unincorporated area of Colusa County is hereby divided into zoning classifications, each of which is designated in this section, and each of which is identified for convenience by the letters indicated in Table 44-2.10-1.

TABLE 44-2.10-1: ESTABLISHED ZONING CLASSIFICATIONS

ZONING CLASSIFICATION DESIGNATION

LETTERS

 

ZONING CLASSIFICATION DESIGNATION

LETTERS

Agricultural Classifications

 

Industrial Classifications

Foothill Agriculture

F-A

Light Industrial

M-1

Exclusive Agriculture

E-A

Heavy Industrial

M-2

Upland Conservation

U-C

Research and Development

RD

Upland Transition

U-T

Natural Resources Classifications

Agricultural Transition

A-T

River Frontage

R-F

Residential Classifications

Flood Management

F-M

Residential Single-Family

R-1

Forest Residential

F-R

Residential Two-Family

R-2

Forest Management and Recreation

FMR

Residential Multiple Family

R-3

Resource Management

R-M

Apartment-Professional

R-4

Special Purpose Classifications

Commercial Classifications

General Recreation

G-R

Neighborhood Commercial

C-1

Airport

A-V

Community Commercial

C-2

Public Facilities

P-F

Highway Service Commercial

C-H

Rural Services

R-S

Commercial Resort

C-R

Overlay Zones

Mixed Use

MU

Planned Development

PD

 

 

Energy Production

EP

(Ord. No. 765 § 2 (Exh. A) (part))

44-2.20 Agricultural Zoning Classifications.

(Ord. No. 765 § 2 (Exh. A) (part))

44-2.20.10 Purpose of the Agricultural Zones.

(a) Foothill Agriculture (F-A). The purpose of the F-A zone is to protect, support, and maintain a viable, long-term agricultural sector in areas of the County with soil types that are not optimal for crop production. The F-A zone is intended to be applied in areas where agricultural activities such as grazing, orchards, and vineyards are the natural and desirable primary land use, and where the protection of agriculture from the encroachment of incompatible land uses is essential to the general welfare and economic prosperity of the County.

(b) Exclusive Agriculture (E-A). The purpose of the E-A zone is to protect agricultural uses and agricultural operations in areas where fertile soils particularly suited to crop production are present, areas where agriculture is the natural and desirable primary land use, and where the protection of agriculture from the encroachment of incompatible land uses is essential to the general welfare and economic prosperity of the County.

(c) Upland Conservation (U-C). The purpose of the U-C zone is to protect the mountain and upland foothill areas where forestry, mining, grazing, and recreational uses are natural and desirable uses. The U-C zone is intended to provide protection in these areas of the County from man-made fire and erosion hazards, pollution, and other detrimental effects of incompatible land uses.

(d) Upland Transition (U-T). The purpose of the U-T zone is to provide opportunities for smaller-scale lot subdivision in the mountain and upland foothill areas where forestry, mining, grazing, and recreational uses are natural and desirable uses. The U-T zone provides opportunities for limited residential and commercial development in areas adjacent to established communities, and serves as a land use buffer between established communities and large-scale U-C parcels.

(e) Agricultural Transition (A-T). The purpose of the A-T zone is to provide areas for long-term rural and agricultural uses on smaller-scale parcels, and to provide a buffer around communities, urban areas, and planned future urban or community development. The A-T zone identifies areas where agricultural land has already been subdivided into parcels smaller than 40 acres, and areas where small-scale agricultural uses are appropriate. The A-T zone serves as a transition zone between established communities and the large-scale farms and agricultural operations beyond. Land in the A-T zone is intended to remain in agricultural use, and is not intended for conversion to urban or rural residential uses. The A-T zone includes A-T-10, which allows for a minimum 10-acre lot size, and A-T-20, which allows for a minimum 20-acre lot size. (Ord. No. 765 § 2 (Exh. A) (part))

44-2.20.20 Development Standards in the Agricultural Zones.

(a) General Standards. Allowed uses and associated structures shall comply with the following development standards, in addition to any other applicable requirements of this Title, unless a variance is obtained in compliance with Section 44-1.80 (Types of Permits). Table 44-2.20-1 identifies the development standards applicable to the agricultural zones.

TABLE 44-2.20-1: DEVELOPMENT STANDARDS IN THE AGRICULTURAL ZONES 

Development Standards – Foothill Agriculture (F-A), Exclusive Agriculture (E-A), Upland Conservation (U-C), Upland Transition (U-T), and Agricultural Transition (A-T)

 

Zoning Classifications

F-A

E-A

U-C

U-T

A-T

Special Regulations

Parcel Size and Density

Minimum Parcel Size

80 ac

40 ac

80 ac

10 ac

10 ac

 

Minimum Parcel Width

100 ft

100 ft

100 ft

100 ft

100 ft

 

Minimum Parcel Depth

200 ft

200 ft

200 ft

200 ft

200 ft

 

Maximum Dwelling Units per Parcel

One single-family unit, one accessory unit, and one caretaker unit, or agricultural worker housing as allowed by Section 44-4.130

Setback and Height Standards

Minimum Setbacks for Agricultural Structures

Front

25 ft

25 ft

25 ft

20 ft

20 ft

 

Rear

20 ft

20 ft

20 ft

20 ft

20 ft

 

Side

10 ft

10 ft

10 ft

10 ft

10 ft

 

Minimum Setbacks for Nonagricultural Structures

Front

25 ft

25 ft

25 ft

25 ft

25 ft

 

Rear

25 ft

25 ft

25 ft

25 ft

25 ft

 

Side

25 ft

25 ft

25 ft

20 ft

20 ft

 

Maximum Height for Agricultural Structures

50 ft

50 ft

50 ft

50 ft

50 ft

 

Maximum Accessory Agricultural Structure Height

100 ft

100 ft

100 ft

50 ft

50 ft

 

Maximum Height for Nonagricultural Structures

30 ft

30 ft

30 ft

30 ft

30 ft

 

(b) Performance Standards. The following performance standards apply to permitted uses and uses allowed with an administrative permit in the agricultural zones as required in Table 44-2.20-2. Projects that cannot meet the following performance standards shall be elevated to a Minor Use Permit.

(1) Maximum noise levels. Maximum noise levels shall meet the requirements of General Plan Table N-1. Further, maximum noise levels shall not exceed 60 dB at the property line of adjacent uses that are not in an agricultural or industrial zone.

(2) Maximum daily trips. Daily trips shall not exceed 100 car or light truck vehicle trips or 70 heavy truck or bus vehicle trips, or a combination of the two.

(3) Water and sewer. Adequate capacity for provision of on-site water and sewer service consistent with the requirements of the Department of Environmental Health shall be demonstrated to the satisfaction of the Director where the project will not connect to public water and/or wastewater infrastructure.

(4) Flood management. Development shall comply with Chapter 33 (Flood Damage Prevention).

(5) Drainage and water quality. There shall be no net increase in off-site drainage flows, including peak flows during a storm event, and water quality measures shall be implemented to reduce stormwater pollutants.

(6) Roadway and access improvements. The project shall demonstrate adequate roadway and access improvements consistent with County standards to accommodate the maximum daily trips to the satisfaction of the Director of Public Works.

(g) Fire protection. The project shall demonstrate adequate fire protection measures to the satisfaction of the Chief Building Official. (Ord. No. 765 § 2 (Exh. A) (part); Ord. No. 788 § 2)

44-2.20.30 Allowed Uses in the Agricultural Zones.

Table 44-2.20-2 identifies land uses allowed in the agricultural zones.

TABLE 44-2.20-2: ALLOWED USES IN THE AGRICULTURAL ZONES 

Permitted Uses – Foothill Agriculture (F-A), Exclusive Agriculture (E-A), Upland Conservation (U-C), Upland Transition (U-T), and Agricultural Transition (A-T)

P = Permitted Use

A = Administrative Permit

M = Minor Use Permit

U = Use Permit

T = Temporary Use Permit

- = Use not allowed

Zoning Classifications

F-A

E-A

U-C

U-T

A-T

Special Regulations

Agricultural and Agricultural Support Uses

Agricultural Processing, Off-Site Products

A

A

A

U

U

44-2.20(B)

Agricultural Processing, On-Site Products

P

P

P

M

M

44-2.20.20(b)

Animal Grazing

P

P

P

P

P

44-2.20(B)

Animal Processing and Rendering

U

U

U

-

-

 

Animal Raising and Keeping, Commercial

P

P

P

M

M

44-2.20(B)

Animal Raising and Keeping, Private

P

P

P

P

P

44-2.20(B)

Apiaries

P

P

P

P

P

44-2.20(B)

Accessory Structures to Primary Agricultural Use

P

P

P

P

P

44-2.20(B)

Crop Production and Cultivation, including Orchards and Vineyards

P

P

P

P

P

44-2.20(B)

Intensive Animal Operations

U

U

U

U

U

 

Nurseries and Greenhouses

P

P

P

P

P

44-2.20(B)

Private Farm Airstrips

A

A

A

A

-

44-2.20(B)

Stables, Commercial

P

P

P

P

P

44-2.20(B)

Stables, Private

P

P

P

P

P

44-2.20(B)

Visitor-Serving Agricultural Support Use

P

P

P

P

P

44-2.20.20(B)

Wineries

P

P

P

P

P

44-2.20.20(b)

Natural Resource Uses

Energy Generation for Off-Site Use

U

U

U

U

U

44-2.80.020

Energy Generation for On-Site Use

P

P

P

P

P

44-2.20(B)

Forestry and Logging

P

P

P

M

M

44-2.20(B)

Mining

U

U

U

U

U

Chapter 9A

Oil and Gas Extraction

U

U

U

U

U

 

Timber Processing

U

U

U

U

-

 

Habitat Mitigation and Management

-

-

-

-

-

44-5.30

Commercial Uses

Agricultural Product Sales, Off-Site

M

M

M

M

M

 

Agricultural Product Sales, On-Site

P

P

P

P

P

44-2.20.20(b)

Agriculture Auction and Sales Yards

P

P

M

U

U

44-2.20.20(b)

Agriculture Chemicals Manufacturing

-

-

-

-

-

 

Agricultural Chemicals Commercial Storage and Distribution

U

U

U

-

-

 

Agriculture Chemicals Use and Storage

P

P

P

P

P

 

Animal Hospitals and Kennels

M

M

M

U

U

44-2.20(b)

Bars, Nightclubs, and Lounges

-

-

-

-

-

 

Bed and Breakfast

M

M

M

P

P

44-4.100

Commercial Recreation, Indoor

-

-

-

U

U

 

Commercial Recreation, Outdoor

U

-

U

U

U

 

Construction, Maintenance, and Repair Services

M

M

M

M

M

 

Equipment Sales and Rental

-

-

-

-

-

 

Farm Equipment: Sale, Rental, Repair and Supplies

U

U

U

U

U

 

Gas and Service Stations

-

-

-

-

-

 

Grocery Stores

-

-

-

-

-

 

Hotel and Motel

-

-

-

-

-

 

Duck, Hunting, and Fishing Clubs

U

U

U

U

-

44-4.100

Medical Offices and Clinics

-

-

-

-

-

 

Nursery, Retail

M

M

M

M

M

 

Offices, Professional

-

-

-

-

-

 

Personal Services

-

-

-

-

-

 

Public/Mini Storage

-

-

-

-

-

 

Recreational Vehicle Parks

-

-

-

U

U

 

Restaurant

-

-

-

-

-

 

Retail, General

-

-

-

-

-

 

Retail, Large Projects

-

-

-

-

-

 

Tasting Rooms

M

M

M

M

M

 

Vehicle Repair, Service and Maintenance

-

-

-

-

-

 

Vehicle Sales and Rental

-

-

-

-

-

 

Community and Recreational Uses

Boat Ramps and Landings

U

U

U

U

U

 

Campground

M

M

M

M

M

 

Cemeteries

-

-

-

-

-

 

Child Care Center

-

-

-

U

U

44-4.20

Clubs, Lodges, and Private Meeting Halls

M

M

M

-

-

 

Community Centers

-

-

-

-

-

 

Community Colleges and Universities

-

-

-

-

-

 

Correctional Institutions and Facilities

-

-

-

-

-

 

Cultural Institutions and Museums

-

-

-

-

-

 

Emergency Shelters

-

-

-

-

-

 

Family Day Care, Small

P

P

P

P

P

44-2.20(B)

Family Day Care, Large

M

M

M

M

M

44-4.20

Golf Courses and Country Clubs

-

-

-

-

-

 

Group Day Care Center

-

-

-

U

U

44-4.20

Hospitals

-

-

-

-

-

 

Marinas

-

-

-

-

-

 

Off-Highway Vehicle Recreation Area

U

-

U

-

-

 

Offices, Governmental

-

-

-

-

-

 

Parks and Recreational Facilities, Public

M

M

M

M

M

 

Public Safety Facilities

-

-

-

-

-

 

Recreational Facilities, Private

M

M

M

M

M

 

Religious Facilities and Institutions

-

-

-

U

U

 

Schools, Public and Private

-

-

-

U

U

 

Residential Care Facility

-

-

-

U

U

44-4.30

Trail Head Parking or Staging Area

P

P

P

P

P

44-2.20(B)

Residential Uses

Agricultural Worker Housing Center

P

P

P

P

P

44-2.20.20(b); 44-4.130

Agricultural Worker Housing Unit

P

P

P

P

P

44-2.20(B); 44-4.130

Caretaker Quarters

P

P

P

P

P

44-4.140

Duplex Home

-

-

-

-

-

 

Live/Work Unit

-

-

-

-

-

 

Manufactured or Mobile Home

P

P

P

P

P

44-2.20(B); 44-4.70

Mobile Home (Temporary)

T

T

T

T

T

44-4.80

Mobile Home Park

-

-

-

-

-

 

Multiple Family Dwelling

-

-

-

-

-

 

Residential Care Homes, Large

-

-

-

M

M

44-4.30

Residential Care Homes, Small

P

P

P

P

P

44-2.20(B); 44-4.30

Accessory Dwelling

A

A

A

A

A

44-4.10

Single-Family Home

P

P

P

P

P

 

Industrial Uses

Manufacturing, General

-

-

-

-

-

 

Manufacturing, Heavy

-

-

-

-

-

 

Manufacturing, Light

-

-

-

-

-

 

Research and Development

-

-

-

-

-

 

Warehousing, Wholesaling, and Distribution

U

U

U

-

-

 

Transportation, Communication, and Utility Uses

Airport-Related Uses

-

-

-

-

-

 

Airports for Commercial Farm Services

U

U

U

-

-

 

Solid Waste Disposal Site

-

-

-

-

-

 

Composting Facilities and Soil Amendment Facilities

U

U

U

-

-

 

Sewage Disposal Site

-

-

-

-

-

 

Freight and Truck Terminals and Yards

-

-

-

-

-

 

Recycling Collection or Processing Facility, Large

-

-

-

-

-

 

Recycling Collection or Processing Facility, Small

-

-

-

-

-

 

Reverse Vending Machine

-

-

-

-

-

 

Telecommunications Facilities

M

M

M

M

M

 

Utilities, Major

-

-

-

-

-

 

Utilities, Minor

P

P

P

P

P

 

(Ord. No. 765 § 2 (Exh. A) (part); Ord. No. 788 § 3; Ord. No. 796, § 3.)

44-2.30 Residential Zoning Classifications.

(Ord. No. 765 § 2 (Exh. A) (part))

44-2.30.10 Purpose of the Residential Zones.

(a) Rural Residential (R-R). The R-R zone is intended for areas where land ownership and parcel patterns preclude the use of land for agriculture, but the land is not appropriate for urban uses and densities due to lack of public water and/or sewer service. Allowed uses in the R-R zone include single-family housing, accessory units, crop cultivation, and small-scale agricultural activities that are not the primary use of the parcel. This designation accommodates semi-rural and rural living at average densities of one house per two to ten acres. This designation is used to preserve the attractive low-density character of the areas around or adjacent to established urban areas, such as Colusa, Williams, Arbuckle, and Maxwell and adjacent to rural community centers, such as Grimes, Princeton, and Stonyford and the partially developed nonsewered communities and settlements such as College City and Century Ranch. The rural residential designation may serve as a buffer between farmland and urban uses. The R-R zone includes R-R-2, which allows for a minimum two-acre lot size, and R-R-5, which allows for a minimum five-acre lot size.

(b) Residential Single-Family (R-1). The purpose of the R-1 zone is to allow for single-family homes and related uses in residential neighborhoods. The standards for the R-1 zone are intended to preserve and protect the character of existing neighborhoods, and to ensure that new residential neighborhoods are developed in areas containing appropriate access, topography, utilities and public services to support single-family residential living. The R-1 zone is intended to accommodate the majority of future residential growth in or adjacent to existing communities and urban centers. Residential densities may range from one to five units per acre. The R-1 zone includes R-1-6, which allows for a minimum six thousand square foot lot size, and R-1-8, which allows for a minimum eight thousand square foot lot size.

(c) Residential Two-Family (R-2). The purpose of the R-2 zone is to provide opportunities for a mix of housing types to accommodate low-to medium-density residential development in areas close to urban centers where all utilities and services are available, and where housing demand justifies a density of two families on each building lot. Residential densities may range from three to nine units per acre.

(d) Residential Multiple Family (R-3). The purpose of the R-3 zone is to provide opportunities for a mix of housing types, including apartment complexes, duplexes, and condominiums to accommodate medium-density residential development in areas of the county close to urban centers where all utilities and services are available. Residential densities may range from six to twenty units per acre.

(e) Apartment-Professional (R-4). The purpose of the R-4 zone is to provide opportunities for higher-density residential development in areas of the county close to urban centers where all utilities and services are available. Professional and business offices are also appropriate uses in the R-4 zone. Residential densities may range from twelve to twenty units per acre. (Ord. No. 765 § 2 (Exh. A) (part); Ord. No. 788 § 4)

44-2.30.20 Development Standards in the Residential Zones.

Allowed uses and associated structures shall comply with the following development standards, in addition to any other applicable requirements of this Title, unless a variance is obtained in compliance with Section 44-1.90.050. Table 44-2.30-1 identifies the minimum parcel standards and residential density standards applicable to the Residential Zones, and Table 44-2.30-2 identifies the applicable setbacks and height standards in the Residential Zones.

TABLE 44-2.30-1: DEVELOPMENT STANDARDS (PARCEL SIZE AND DENSITY) IN THE RESIDENTIAL ZONES 

Development Standards (Parcel Size and Density) – Rural Residential (R-R), Residential Single-Family (R-1), Residential Two-Family (R-2), Residential Multiple Family (R-3), Apartment-Professional (R-4)

Zoning Classifications

Minimum Parcel Size

Minimum Parcel Width

Minimum Parcel Depth

Maximum Units per Parcel

Residential Density (Units/Acre)

Minimum

Maximum

RR-2

2 ac

60 ft

100 ft

1 single-family home;

1 accessory dwelling

-

0.5 un/ac

RR-5

5 ac

60 ft

100 ft

1 single-family home; 1 accessory dwelling

-

0.2 un/ac

R-1-6

6,000 sf

50 ft

80 ft

1 single-family home; 1 accessory dwelling

1 un/ac

7.3 un/ac

R-1-8

8,000 sf

50 ft

80 ft

1 single-family home; 1 accessory dwelling

1 un/ac

5.4 un/ac

R-2

8,000 sf

40 ft

80 ft

N/A

3 un/ac

10.8 un/ac

R-3

4,000 sf

40 ft

80 ft

N/A

6 un/ac

20 un/ac

R-4

4,000 sf

35 ft

70 ft

N/A

12 un/ac

20 un/ac

TABLE 44-2.30-2: DEVELOPMENT STANDARDS (SETBACKS AND HEIGHT) IN THE RESIDENTIAL ZONES 

Development Standards (Setbacks and Height) – Rural Residential (R-R), Residential Single-Family (R-1), Residential Two-Family (R-2), Residential Multiple Family (R-3), Apartment-Professional (R-4)

 

Zoning Classifications

R-R

R-1

R-2

R-3

R-4

Special Regulations

Setbacks and Height Standards

Minimum Setbacks

Front

20 ft

20 ft

20 ft

20 ft

15 ft

 

Rear

20 ft

20 ft

15 ft

15 ft

15 ft

 

Interior Side

10 ft

6 ft

6 ft

6 ft

6 ft

 

Street Side

10 ft

8 ft

8 ft

8 ft

8 ft

 

Minimum Setbacks Accessory Structure [1]

Front

20 ft

20 ft

20 ft

20 ft

20 ft

 

Rear

5 ft

5 ft

5 ft

5 ft

5 ft

 

Interior Side

5 ft [2]

3 ft [3]

5 ft [2]

3 ft [3]

5 ft [2]

3 ft [3]

5 ft [2]

3 ft [3]

5 ft [2]

3 ft [3]

 

Street Side

10 ft

10 ft

10 ft

10 ft

10 ft

 

Maximum Structure Height

30 ft

30 ft

30 ft

40 ft

40 ft

 

Notes:

[1] Attached accessory buildings which are unenclosed and not conditioned space as per the California Building Code, used primarily for shade such as patio covers and awnings. Detached accessory buildings must be 5 feet from any building.

[2] Front 50% of lot.

[3] Rear 50% of lot.

(Ord. No. 765 § 2 (Exh. A) (part); Ord. No. 788 § 5; Ord. No. 796, § 4.)

44-2.30.30 Allowed Uses in the Residential Zones.

Table 44-2.30-3 identifies land uses allowed in the residential zones.

TABLE 44-2.30-3: ALLOWED USES IN THE RESIDENTIAL ZONES 

Permitted Uses – Rural Residential (R-R), Residential Single-Family (R-1), Residential Two-Family (R-2), Residential Multiple Family (R-3), Apartment-Professional (R-4)

P = Permitted Use

A = Administrative Permit

M = Minor Use Permit

U = Use Permit

T = Temporary Use Permit

- = Use not allowed

Zoning Classifications

R-R

R-1

R-2

R-3

R-4

Special Regulations

Agricultural and Agricultural Support Uses

Agricultural Processing, Off-Site Products

-

-

-

-

-

 

Agricultural Processing, On-Site Products

-

-

-

-

-

 

Animal Grazing

P

-

-

-

-

 

Animal Processing and Rendering

-

-

-

-

-

 

Animal Raising and Keeping, Commercial

-

-

-

-

-

 

Animal Raising and Keeping, Private

P

-

-

-

-

 

Apiaries

P

-

-

-

-

 

Accessory Structures to Primary Agricultural Use

P

-

-

-

-

 

Crop Production and Cultivation, Including Orchards and Vineyards

P

-

-

-

-

 

Dairy

-

-

-

-

-

 

Intensive Animal Operations

-

-

-

-

-

 

Nurseries and Greenhouses

M

-

-

-

-

 

Private Farm Airstrips

-

-

-

-

-

 

Stables, Commercial

U

-

-

-

-

 

Stables, Private

M

-

-

-

-

 

Visitor-Serving Agricultural Support Use

-

-

-

-

-

 

Wineries

-

-

-

-

-

 

Natural Resource Uses

Energy Generation for Off-Site Use

-

-

-

-

-

 

Energy Generation for On-Site Use

P

P

P

P

P

 

Forestry and Logging

-

-

-

-

-

 

Mining

-

-

-

-

-

 

Oil and Gas Extraction

-

-

-

-

-

 

Timber Processing

-

-

-

-

-

 

Habitat Mitigation and Management

-

-

-

-

-

 

Commercial Uses

Agricultural Product Sales, Off-Site

-

-

-

-

-

 

Agricultural Product Sales, On-Site

M

-

-

-

-

 

Agriculture Auction and Sales Yards

-

-

-

-

-

 

Agriculture Chemicals Manufacture, Distribution, Use and Storage

-

-

-

-

-

 

Animal Hospitals and Kennels

U

-

-

-

-

 

Bars, Nightclubs, and Lounges

-

-

-

-

-

 

Bed and Breakfast

M

-

-

-

-

 

Commercial Recreation, Indoor

-

-

-

-

-

 

Commercial Recreation, Outdoor

-

-

-

-

-

 

Construction, Maintenance, and Repair Services

M

-

-

-

-

 

Equipment Sales and Rental

-

-

-

-

-

 

Farm Equipment: Sale, Rental, Repair and Supplies

-

-

-

-

-

 

Gas and Service Stations

-

-

-

-

-

 

Grocery Stores

-

-

-

-

-

 

Hotel and Motel

-

-

-

-

-

 

Duck, Hunting, and Fishing Clubs

-

-

-

-

-

 

Medical Offices and Clinics

-

-

-

-

-

 

Nursery, Retail

-

-

-

-

-

 

Offices, Professional

-

-

-

-

P

 

Personal Services

M

-

-

-

-

 

Public/Mini Storage

-

-

-

-

-

 

Recreational Vehicle Parks

U

-

-

-

-

 

Restaurant

-

-

-

-

-

 

Retail, General

-

-

-

-

-

 

Retail, Large Projects

-

-

-

-

-

 

Tasting Rooms

-

-

-

-

-

 

Vehicle Repair, Service and Maintenance

M

-

-

-

-

 

Vehicle Sales and Rental

-

-

-

-

-

 

Community and Recreational Uses

Boat Ramps and Landings

-

-

-

-

-

 

Campground

-

-

-

-

-

 

Cemeteries

-

-

-

-

-

 

Child Care Center

U

-

U

U

U

44-4.20

Clubs, Lodges, and Private Meeting Halls

-

-

-

-

-

 

Community Centers

-

-

-

-

-

 

Community Colleges and Universities

-

-

-

-

-

 

Correctional Institutions and Facilities

-

-

-

-

-

 

Cultural Institutions and Museums

-

-

-

-

-

 

Emergency Shelters

-

-

-

-

-

 

Family Day Care, Small

P

P

P

P

P

 

Family Day Care, Large

M

M

M

M

M

44-4.20

Golf Courses and Country Clubs

-

-

-

-

-

 

Group Day Care Center

U

-

-

U

U

44-4.20

Hospitals

-

-

-

-

-

 

Marinas

-

-

-

-

-

 

Off-Highway Vehicle Recreation Area

-

-

-

-

-

 

Offices, Governmental

-

-

-

-

-

 

Parks and Recreational Facilities, Public

M

M

M

M

M

 

Public Safety Facilities

-

-

-

-

-

 

Recreational Facilities, Private

-

-

-

-

-

 

Religious Facilities and Institutions

-

-

-

U

U

 

Residential Care Facility

-

-

-

U

U

44-4.30

Schools, Public and Private

U

U

U

U

U

 

Trail Head Parking or Staging Area

-

-

-

-

-

 

Residential Uses

Agricultural Worker Housing Center

-

-

-

P

P

 

Agricultural Worker Housing Unit

-

-

-

-

-

 

Caretaker Quarters

-

-

-

-

-

 

Duplex Dwelling

-

-

P

P

P

 

Live/Work Unit

-

-

-

-

P

 

Manufactured or Mobile Home

P

P

P

P

P

44-4.70

Mobile Home (Temporary)

T

T

T

T

T

44-4.80

Mobile Home Park

-

-

-

U

U

 

Multifamily Dwelling

-

-

P

P

P

 

Residential Care Home, Large

M

M

M

M

M

44-4.30

Residential Care Home, Small

P

P

P

P

P

44-4.30

Secondary Dwelling

P

P

P

P

P

 

Single-Family Home

P

P

P

P1

P1

See footnote (R-3 and R-4).

Industrial Uses

Manufacturing, General

-

-

-

-

-

 

Manufacturing, Heavy

-

-

-

-

-

 

Manufacturing, Light

-

-

-

-

-

 

Research and Development

-

-

-

-

-

 

Warehousing, Wholesaling, and Distribution

-

-

-

-

-

 

Transportation, Communication, and Utility Uses

Airport-Related Uses

-

-

-

-

-

 

Airports for Commercial Farm Services

-

-

-

-

-

 

Solid Waste Disposal Site

-

-

-

-

-

 

Composting Facilities

-

-

-

-

-

 

Sewage Disposal Site

-

-

-

-

-

 

Freight and Truck Terminals and Yards

-

-

-

-

-

 

Recycling Collection or Processing Facility, Large

-

-

-

-

-

 

Recycling Collection or Processing Facility, Small

-

-

-

-

-

 

Reverse Vending Machine

-

-

-

-

-

 

Telecommunications Facilities

-

-

-

-

-

 

Utilities, Major

U

U

U

U

U

 

Utilities, Minor

P

P

P

P

P

 

1 A single-family home in the R-3 and R-4 zones is only permitted if the single-family home is: (1) replacing an existing single-family unit on a one-for-one basis, (2) on an existing lot of eight thousand square feet or less, or (3) is part of a housing development with the majority of units affordable to extremely low, very low, and/or low-income households.

(Ord. No. 765 § 2 (Exh. A) (part); Ord. No. 788, § 6: Ord. No. 793, § 3.)

44-2.40 Commercial Zoning Classifications.

(Ord. No. 765 § 2 (Exh. A) (part))

44-2.40.10 Purpose of the Commercial Zones.

A. Neighborhood Commercial (C-1). The purpose of the C-1 zone is to allow for retail and service uses that meet the daily needs of nearby residents and workers, and to provide convenient residential access to sales and service facilities without detracting from the residential desirability of such areas.

B. Community Commercial (C-2). The C-2 zone is intended to apply to areas where more complete commercial facilities are necessary for community convenience. The purpose of the C-2 zone is to allow for a full range of retail, service, and office uses to serve residents, workers, and visitors.

C. Highway Service Commercial (C-H). The C-H zone is intended to provide necessary services and conveniences for the traveling public along main roads and highway frontages at proper intervals and locations in developments designed for safety, convenience, and suitable appearance.

D. Commercial Resort (C-R). The C-R zone is intended to provide opportunities for a mix of commercial uses oriented towards tourists and other visitors to the County, including but not limited to, agriculturally based tourism, sports fishing, hunting, marinas, lodging, and other related uses.

E. Mixed Use (MU). The MU zone is intended for areas appropriate for the planned integration of a combination of retail, office, residential, hotel, recreation, public facilities and/or other compatible use. The MU zone encourages placing housing, jobs, services, and recreational land uses close together within a project site, or on different stories of the same building. This zoning classification is established primarily in the community centers, downtown areas, and in-fill areas to encourage economic investment and revitalization of these core areas through promoting community-serving retail, office, and residential opportunities in a dense, compact form with opportunities for people to access the project and other destinations through bicycle, pedestrian, and mass transit modes. Projects in the MU zone should focus on compatibility between land uses, and the development potential of a given area compared to the existing and proposed mix of land uses and their development impacts. This zone is intended to protect and enhance the character of the area and to provide flexibility in design and use for contiguous parcels having multiple owners. (Ord. No. 765 § 2 (Exh. A) (part))

44-2.40.20 Development Standards in the Commercial Zones.

(a) Allowed uses and associated structures shall comply with the following development standards, in addition to any other applicable requirements of this title, unless a variance is obtained in compliance with section 44-1.90.050. Table 44-2.40-1 identifies the development standards applicable to the Commercial Zones.

TABLE 44-2.40-1: DEVELOPMENT STANDARDS IN THE COMMERCIAL ZONES

Development Standards – Neighborhood Commercial (C-1), Community Commercial (C-2), Highway Service Commercial (C-H), Commercial Resort (C-R), and Mixed Use (MU)

 

Zoning Classifications

C-1

C-2

C-H

C-R

MU

Special Regulations

Parcel Size and Density

Minimum Parcel Size [1,2]

None

None

None

None

6,000 sf

 

Minimum Parcel Width

60 ft

65 ft

65 ft

60 ft

60 ft

 

Minimum Parcel Depth

None

None

None

None

None

 

Maximum Dwelling Units per Acre

-

-

-

12

20

 

Minimum Dwelling Units per Acre

-

-

-

-

10 dwelling unit per acre minimum if no commercial component

 

Maximum Floor Area Ratio (FAR)

0.4

0.4

0.5

0.4[3]

1.5[3]

 

Setbacks and Height Standards

Minimum Setbacks

Front

None[1]

None[1]

15 ft

15 ft

None[4]

 

Rear

10 ft

10 ft

10 ft

10 ft

10 ft

 

Side

None[2]

None[2]

8 ft

8 ft

None[5]

 

Maximum Structure Height

40 ft

40 ft

40 ft

40 ft

40 ft

 

Notes:

[1] Applies solely to new parcels created through a lot split or subdivision.

[2] 1 acre outside of water and sewer district service area.

[3] The calculation of floor area ratio excludes areas occupied by residential uses.

[4] A 15-foot front setback shall be required when adjacent to a Residential Zone.

[5] An 8-foot setback shall be required when adjacent to a Residential Zone. A zero side lot line must include fireproof walls and meet all applicable building and fire code requirements.

(b) Performance Standards. The following performance standards apply to permitted uses and uses allowed with an administrative permit in Commercial Zones as required in Table 44-2.40-2. Projects that cannot meet the following performance standards shall be elevated to a minor use permit or use permit.

(1) Maximum Noise Levels. Maximum noise levels shall meet the requirements of General Plan Table N-1. Further, maximum noise levels shall not exceed sixty dB at the property line of adjacent uses that are not in an Agricultural or Industrial Zone.

(2) Maximum Daily Trips. Daily trips shall not exceed one hundred car or light truck vehicle trips or seventy heavy truck or bus vehicle trips, or a combination of the two.

(3) Water and Sewer. Adequate capacity for provision of on-site water and sewer service consistent with the requirements of the division of environmental health shall be demonstrated to the satisfaction of the director where the project will not connect to public water and/or wastewater infrastructure.

(4) Flood Management. Development shall comply with chapter 33 (Flood Damage Prevention).

(5) Drainage and Water Quality. There shall be no net increase in off-site drainage flows, including peak flows during a storm event, and water quality measures shall be implemented to reduce stormwater pollutants including the appropriate permits from Regional Water Quality Control Board.

(6) Roadway and Access Improvements. The project shall demonstrate adequate roadway and access improvements consistent with county standards to accommodate the maximum daily trips to the satisfaction of the director of public works.

(7) Fire Protection. The project shall demonstrate adequate fire protection measures to the satisfaction of the community development director.

(8) Air Quality. The project shall demonstrate adequate air quality protection measures related to air pollution, off-site particulate matter migration and odors to the satisfaction of air pollution control and community development. (Ord. No. 765 § 2 (Exh. A) (part): Ord. No. 796, § 5.)

44-2.40.30 Allowed Uses in the Commercial Zones.

Table 44-2.40-2 identifies land uses allowed in the commercial zones.

TABLE 44-2.40-2: ALLOWED USES IN THE COMMERCIAL ZONES 

Allowed Uses – Neighborhood Commercial (C-1), Community Commercial (C-2), Highway Service Commercial (C-H), Commercial Resort (C-R), and Mixed Use (MU)

P = Permitted Use

A = Administrative Permit

M = Minor Use Permit

U = Use Permit

T = Temporary Use Permit

- = Use not allowed

Zoning Classifications

C-1

C-2

C-H

C-R

MU

Special Regulations

Agricultural and Agricultural Support Uses

Agricultural Processing, Off-Site Products

-

-

-

-

-

 

Agricultural Processing, On-Site Products

-

-

-

-

-

 

Animal Grazing

-

-

-

-

-

 

Animal Processing and Rendering

-

-

-

-

-

 

Animal Raising and Keeping, Commercial

-

-

-

-

-

 

Animal Raising and Keeping, Private

-

-

-

-

-

 

Apiaries

-

-

-

-

-

 

Accessory Structures to Primary Agricultural Use

-

-

-

-

-

 

Crop Production and Cultivation, Including Orchards and Vineyards

-

-

-

-

-

 

Dairy

-

-

-

-

-

 

Intensive Animal Operations

-

-

-

-

-

 

Nurseries and Greenhouses

-

-

-

-

-

 

Private Farm Airstrips

-

-

-

-

-

 

Stables, Commercial

-

-

-

U

-

 

Stables, Private

-

-

-

M

-

 

Visitor-Serving Agricultural Support Use

-

-

-

M

-

 

Wineries

U

U

U

M

-

 

Natural Resource Uses

Energy Generation for Off-Site Use

-

-

-

-

-

 

Energy Generation for On-Site Use

P

P

P

P

P

 

Forestry and Logging

-

-

-

-

-

 

Mining

-

-

-

-

-

 

Oil and Gas Extraction

-

-

-

U

-

 

Timber Processing

-

-

-

-

-

 

Habitat Mitigation and Management

-

-

-

-

-

 

Commercial Uses

Agricultural Product Sales, Off-Site

P

P

P

P

P

 

Agricultural Product Sales, On-Site

-

-

-

-

-

 

Agriculture Auction and Sales Yards

-

-

U

-

-

 

Agriculture Chemicals Manufacture, Distribution, Use and Storage

-

-

-

-

-

 

Animal Hospitals and Kennels

U

U

M

M

-

 

Bars, Nightclubs, and Lounges

P

P

P

P

P

 

Bed and Breakfast

P

P

P

P

P

 

Commercial Recreation, Indoor

P

P

P

P

M

 

Commercial Recreation, Outdoor

M

M

P

P

M

 

Construction, Maintenance, and Repair Services

P

P

P

-

U

 

Equipment Sales and Rental

M

M

P

-

-

 

Farm Equipment: Sale, Rental, Repair and Supplies

M

M

P

-

-

 

Gas and Service Stations

P

P

P

P

M

 

Grocery Stores

P

P

P

P

P

 

Hotel and Motel

M

P

P

P

U

 

Duck, Hunting, and Fishing Clubs

-

-

-

P

-

44-4.100

Medical Offices and Clinics

P

P

P

P

P

 

Nursery, Retail

P

P

P

P

P

 

Offices, Professional

P

P

P

P

P

 

Personal Services

P

P

P

P

P

 

Public/Mini Storage

U

U

M

U

-

 

Recreational Vehicle Parks

-

-

U

U

-

 

Restaurant

P

P

P

P

P

 

Retail, General

P

P

P

P

P

 

Retail, Large Projects

U

P

P

U

-

 

Tasting Rooms

P

P

P

P

P

 

Vehicle Repair, Service and Maintenance

M

M

P

-

-

 

Vehicle Sales and Rental

M

P

P

-

-

 

Community and Recreational Uses

Boat Ramps and Landings

-

-

-

P

-

 

Campground

-

-

-

M

-

 

Cemeteries

-

-

-

-

-

 

Child Care Center

U

U

-

U

U

44-4.20

Clubs, Lodges, and Private Meeting Halls

P

P

P

P

M

 

Community Centers

M

M

M

M

M

 

Community Colleges and Universities

U

M

M

-

U

 

Correctional Institutions and Facilities

-

-

-

-

-

 

Cultural Institutions and Museums

P

P

P

P

P

 

Emergency Shelters

-

P

M

-

-

44-4.40

Family Day Care, Small

-

-

-

P

P

 

Family Day Care, Large

-

-

-

M

M

44-4.20

Golf Courses and Country Clubs

-

-

-

P

-

 

Group Day Care Center

U

U

-

U

U

44-4.20

Hospitals

U

U

U

-

-

 

Marinas

-

-

-

P

-

 

Off-Highway Vehicle Recreation Area

-

-

-

U

-

 

Offices, Governmental

P

P

P

-

P

 

Parks and Recreational Facilities, Public

U

U

U

P

U

 

Public Safety Facilities

U

U

U

U

U

 

Recreational Facilities, Private

P

P

P

P

P

 

Religious Facilities and Institutions

P

P

P

P

P

 

Residential Care Facility

U

U

-

U

U

44-4.30

Schools, Public and Private

U

U

U

U

U

 

Trail Head Parking or Staging Area

P

P

P

P

-

 

Residential Uses

Agricultural Worker Housing Center

-

-

-

-

-

 

Agricultural Worker Housing Unit

-

-

-

-

-

 

Caretaker Quarters

-

-

-

P

-

44-4.140

Duplex Home

-

-

-

-

P

 

Live/Work Unit

-

-

-

-

P

 

Manufactured or Mobile Home

-

-

-

-

P

44-4.70

Mobile Home (Temporary)

-

-

-

T

T

44-4.80

Mobile Home Park

U

U

-

U

-

 

Multiple Family Dwelling

-

-

-

-

P

 

Residential Care Homes, Large

M

M

-

-

M

44-4.30

Residential Care Homes, Small

-

-

-

U

P

44-4.30

Accessory Dwelling

-

-

-

-

-

44-4.10

Single-Family Home

-

-

-

U

P

 

Industrial Uses

Manufacturing, General

-

-

-

-

-

 

Manufacturing, Heavy

-

-

-

-

-

 

Manufacturing, Light

-

U

U

-

-

 

Research and Development

-

U

U

-

-

 

Warehousing, Wholesaling, and Distribution

-

-

U

-

-

 

Transportation, Communication, and Utility Uses

Airport-Related Uses

-

-

-

-

-

 

Airports for Commercial Farm Services

-

-

-

-

-

 

Solid Waste Disposal Site

-

-

-

-

-

 

Composting Facilities

-

-

-

-

-

 

Sewage Disposal Site

-

-

-

-

-

 

Freight and Truck Terminals and Yards

-

-

-

-

-

 

Recycling Collection or Processing Facility, Large

-

-

-

-

-

 

Recycling Collection or Processing Facility, Small

M

M

M

-

-

 

Reverse Vending Machine

M

P

P

-

-

 

Telecommunications Facilities

U

U

U

U

U

 

Utilities, Major

U

U

U

U

U

 

Utilities, Minor

P

P

P

P

P

 

(Ord. No. 765 § 2 (Exh. A) (part); Ord. No. 788 § 7)

44-2.50 Industrial Zoning Classifications.

44-2.50.10 Purpose of the Industrial Zones.

(a) Light Industrial (M-1). The purpose of the M-1 zone is to allow for light industrial and service commercial uses that have little potential to create noise, odor, vibration, or other similar impacts to adjacent uses and surrounding areas.

(b) Heavy Industrial (M-2). The purpose of the M-2 zone is to allow for a full range of industrial uses, including operations that necessitate the storage of large volumes of hazardous or unsightly materials, or which produce dust, smoke, fumes, odors, of noise at levels that would affect surrounding land uses.

(c) Research and Development (RD). The purpose of the RD zone is to provide areas for the location of high technology, non-polluting manufacturing plants, research and development facilities, corporate and industrial offices, and support service facilities in a rural or campus-like setting, such as a business park environment. (Ord. No. 765 § 2 (Exh. A) (part))

44-2.50.20 Development Standards in the Industrial Zones.

(a) Allowed uses and associated structures shall comply with the following development standards, in addition to any other applicable requirements of this title, unless a variance is obtained in compliance with section 44-1.90.050; and subject only to such regulations as are needed to control congestion and protect surrounding areas from significant environmental impacts. Table 44-2.50-1 identifies the development standards applicable to the Industrial Zones.

 TABLE 44-2.50-1: DEVELOPMENT STANDARDS IN THE INDUSTRIAL ZONES

Development Standards – Light Industrial (M-1), Heavy Industrial (M-2), and Research and Development (RD)

 

Zoning Classifications

M-1

M-2

RD

Special Regulations

Parcel Size and Density

Minimum Parcel Size [1]

None

None

None

 

Minimum Parcel Width

60 ft

60 ft

60 ft

 

Minimum Parcel Depth

100 ft

100 ft

100 ft

 

Maximum Dwelling Units per Acre

-

-

-

 

Minimum Dwelling Units per Acre

-

-

-

 

Maximum Floor Area Ratio (FAR)

0.6

0.6

0.75

 

Setbacks and Height Standards

Minimum Setbacks

Front

None[2]

30 ft

None[2]

 

Rear

10 ft

15 ft[4]

10 ft

 

Side

None[3]

None[4]

None[4]

 

Maximum Primary Structure Height

50 ft

100 ft

50 ft

 

Maximum Accessory Structure Height

70 ft

200 ft

70 ft

 

Notes:

[1] 1 acre outside of water and sewer district service area.

[2] A 15-foot front setback shall be required when adjacent to a Residential Zone.

[3] A 15-foot setback shall be required when adjacent to a Residential Zone. A zero side lot line must include fireproof walls and meet all applicable building and fire code requirements.

[4] A 30-foot setback shall be required when adjacent to a Residential Zone. A zero side lot line must include fireproof walls and meet all applicable building and fire code requirements.

(b) Performance Standards. The following performance standards apply to permitted uses and uses allowed with an administrative permit in Industrial Zones as required in Table 44-2.50-2. Projects that cannot meet the following performance standards shall be elevated to a minor use permit or use permit.

(1) Maximum Noise Levels. Maximum noise levels shall meet the requirements of General Plan Table N-1. Further, maximum noise levels shall not exceed sixty dB at the property line of adjacent uses that are not in an Agricultural or Industrial Zone.

(2) Maximum Daily Trips. Daily trips shall not exceed one hundred car or light truck vehicle trips or seventy heavy truck or bus vehicle trips, or a combination of the two.

(3) Water and Sewer. Adequate capacity for provision of on-site water and sewer service consistent with the requirements of the division of environmental health shall be demonstrated to the satisfaction of the director where the project will not connect to public water and/or wastewater infrastructure.

(4) Flood Management. Development shall comply with chapter 33 (Flood Damage Prevention).

(5) Drainage and Water Quality. There shall be no net increase in off-site drainage flows, including peak flows during a storm event, and water quality measures shall be implemented to reduce stormwater pollutants including the appropriate permits from Regional Water Quality Control Board.

(6) Roadway and Access Improvements. The project shall demonstrate adequate roadway and access improvements consistent with county standards to accommodate the maximum daily trips to the satisfaction of the director of public works.

(7) Fire Protection. The project shall demonstrate adequate fire protection measures to the satisfaction of the community development director.

(8) Air Quality. The project shall demonstrate adequate air quality protection measures related to air pollution, off-site particulate matter migration and odors to the satisfaction of air pollution control and community development. (Ord. No. 765 § 2 (Exh. A) (part): Ord. No. 796, § 6.)

44-2.50.30 Allowed Uses in the Industrial Zones.

Table 44-2.50-2 identifies land uses allowed in the industrial zones.

TABLE 44-2.50-2: ALLOWED USES IN THE INDUSTRIAL ZONES 

Allowed Uses – Light Industrial (M-1), Heavy Industrial (M-2), and Research and Development (RD)

P = Permitted Use

A = Administrative Permit

M = Minor Use Permit

U = Use Permit

T = Temporary Use Permit

- = Use not allowed

Zoning Classifications

M-1

M-2

RD

Special Regulations

Agricultural and Agricultural Support Uses

Agricultural Processing, Off-Site Products

M

P

U

 

Agricultural Processing, On-Site Products

M

P

M

 

Animal Grazing

-

-

-

 

Animal Processing and Rendering

-

M

-

 

Animal Raising and Keeping, Commercial

-

U

-

 

Animal Raising and Keeping, Private

-

-

-

 

Apiaries

-

-

-

 

Accessory Structures to Primary Agricultural Use

-

-

-

 

Crop Production and Cultivation, Including Orchards and Vineyards

-

-

-

 

Dairy

-

U

-

 

Equestrian Facilities, Commercial

M

-

M

 

Equestrian Facilities, Private

-

-

-

 

Intensive Animal Operations

-

U

-

 

Nurseries and Greenhouses

P

P

P

 

Private Farm Airstrips

-

U

-

 

Visitor-Serving Agricultural Support Use

M

M

M

 

Wineries

M

M

-

 

Natural Resource Uses

Energy Generation for Off-Site Use

U

P

U

44-2.80.020

Energy Generation for On-Site Use

P

P

P

 

Forestry and Logging

-

-

-

 

Mining

-

U

-

Chapter 9A

Oil and Gas Extraction

U

U

-

 

Timber Processing

-

U

-

 

Habitat Mitigation and Management

-

-

-

 

Commercial Uses

Agricultural Product Sales, Off-Site

-

-

-

 

Agricultural Product Sales, On-Site

-

-

-

 

Agriculture Auction and Sales Yards

M

P

P

 

Agriculture Chemicals Manufacturing and Distribution

U

U

U

 

Agriculture Chemicals Use and Storage

A

A

A

 

Animal Hospitals and Kennels

P

P

P

 

Bars, Nightclubs, and Lounges

U

-

-

 

Bed and Breakfast

-

-

-

 

Commercial Recreation, Indoor

P

P

P

 

Commercial Recreation, Outdoor

-

-

-

 

Construction, Maintenance, and Repair Services

P

P

P

 

Equipment Sales and Rental

P

P

P

 

Farm Equipment: Sale, Rental, Repair and Supplies

P

P

P

 

Food Truck

P

P

P

 

Gas and Service Stations

P

M

P

 

Grocery Stores

-

-

-

 

Hotel and Motel

U

-

U

 

Duck, Hunting, and Fishing Clubs

-

-

-

 

Medical Offices and Clinics

M

-

P

 

Nursery, Retail

P

M

P

 

Offices, Professional

P

M

P

 

Personal Services

P

-

P

 

Public/Mini Storage

P

P

M

 

Recreational Vehicle Parks

-

-

-

 

Restaurant

M

-

-

 

Retail, General

M

-

-

 

Retail, Large Projects

-

-

-

 

Tasting Rooms

M

M

M

 

Vehicle Repair, Service and Maintenance

P

P

M

 

Vehicle Sales and Rental

P

P

P

 

Community and Recreational Uses

Boat Ramps and Landings

-

-

-

 

Campground

-

-

-

 

Cemeteries

-

-

-

 

Child Care Center

-

-

-

 

Clubs, Lodges, and Private Meeting Halls

-

-

-

 

Community Centers

M

-

M

 

Community Colleges and Universities

M

-

M

 

Correctional Institutions and Facilities

U

U

U

 

Cultural Institutions and Museums

M

-

M

 

Emergency Shelters

P

M

M

44-4.40

Family Day Care, Small

-

-

-

 

Family Day Care, Large

-

-

-

 

Golf Courses and Country Clubs

-

-

-

 

Group Day Care Center

-

-

-

 

Hospitals

-

-

-

 

Marinas

-

-

-

 

Off-Highway Vehicle Recreation Area

-

-

-

 

Offices, Governmental

P

-

P

 

Parks and Recreational Facilities, Public

-

-

-

 

Public Safety Facilities

P

P

P

 

Recreational Facilities, Private

M

-

M

 

Religious Facilities and Institutions

P

-

P

 

Residential Care Facility

-

-

-

 

Schools, Public and Private

U

U

U

 

Trail Head Parking or Staging Area

-

-

P

 

Residential Uses

Agricultural Worker Housing Center

-

-

-

 

Agricultural Worker Housing Unit

-

-

-

 

Caretaker Quarters

A

A

A

 

Duplex Home

-

-

-

 

Live/Work Unit

-

-

-

 

Manufactured or Mobile Home

-

-

-

 

Mobile Home (Temporary)

-

-

-

 

Mobile Home Park

-

-

-

 

Multiple-Family Dwelling

-

-

-

 

Residential Care Homes, Large

-

-

-

 

Residential Care Homes, Small

-

-

-

 

Secondary Dwelling

-

-

-

 

Single-Family Home

-

-

-

 

Industrial Uses

Manufacturing, General

P

P

P

 

Manufacturing, Heavy

U

P

U

 

Manufacturing, Light

P

P

P

 

Research and Development

P

P

P

 

Warehousing, Wholesaling, and Distribution

P

P

M

 

Transportation, Communication, and Utility Uses

Airport-Related Uses

U

U

U

 

Airports for Commercial Farm Services

U

U

U

 

Solid Waste Disposal Site

U

U

U

 

Composting Facilities and Soil Amendment Facilities

M

M

M

 

Sewage Disposal Site

-

U

-

 

Freight and Truck Terminals and Yards

M

P

M

 

Recycling Collection or Processing Facility, Large

U

M

U

 

Recycling Collection or Processing Facility, Small

M

P

M

 

Reverse Vending Machine

P

P

P

 

Telecommunications Facilities

P

P

P

 

Utilities, Major

U

U

U

 

Utilities, Minor

P

P

P

 

(Ord. No. 765 § 2 (Exh. A) (part); Ord. No. 788, § 8: Ord. No. 793, § 4; Ord. No. 796, § 7.)

44-2.60 Natural Resources Zoning Classifications.

(Ord. No. 765 § 2 (Exh. A) (part))

44-2.60.10 Purpose of the Natural Resources Zones.

(a) River Frontage (R-F). The purpose of the R-F zone is to identify lands which lie within river, stream, or tidal channels, and to adjacent areas which are periodically inundated, or which are predicted to be inundated, by a “design flood.” Appropriate uses in the R-F zone include agricultural and recreational uses that do not include permanent structures.

(b) Flood Management (F-M). The F-M zone is intended to be applied to areas other than River Frontage areas which have been inundated by overflow floodwaters in the past, and which may reasonably be expected to be inundated by such floodwaters in the future. The Flood Management zone is intended to limit the use of areas subject to such inundation and flooding to protect lives and property from loss, damage, and destruction due to floodwaters and the transportation by water of wreckage and debris. Appropriate uses within the F-M zone include agricultural activities and resource management activities that do not impede flood flows.

(c) Forest Residential (F-R). The F-R zone is intended to allow for the development of limited single-family residential uses on privately owned parcels in the Mendocino National Forest, and to identify development standards addressing adequate access, fire hazard protection and management, water quality, and water supply.

(d) Forest Management and Recreation (FMR). The FMR zone is intended to accommodate a range of forest resource production activities, such as timber production, mining, and grazing, as well as forest-related recreational uses.

(e) Resource Management (R-M). The R-M zone identifies areas where the managed and deliberate protection of natural resources is appropriate, or where natural resource conservation easements have been applied that restrict development of the land. This designation is applied to rangelands under federal ownership, the National Wildlife Refuges, designated wild and scenic lands, and habitat, watershed, and natural resource lands requiring management and protection. Lands designated Resource Management are intended to ensure that resources are conserved and protected for existing and future generations through active or passive oversight and management of the resources. (Ord. No. 765 § 2 (Exh. A) (part))

44-2.60.20 Development Standards in the Natural Resources Zones.

(a) General Standards. Allowed uses and associated structures shall comply with the following development standards, in addition to any other applicable requirements of this Title, unless a variance is obtained in compliance with Section 44-1.90.050. Table 44-2.60-1 identifies the development standards applicable to the Natural Resources Zones.

TABLE 44-2.60-1: DEVELOPMENT STANDARDS IN THE NATURAL RESOURCES ZONES

Development Standards – River Frontage (R-F), Flood Management (F-M), Forest Residential (F-R), Forest Management and Recreation (FMR), and Resource Management (R-M)

 

Zoning Classifications

R-F

F-M

F-R

FMR

R-M

Special Regulations

Parcel Size and Density

Minimum Parcel Size [1]

0.5 ac

1 ac

40 ac

 

160 ac[2]

 

Minimum Parcel Width

None

60 ft

100 ft

 

None

 

Minimum Parcel Depth

None

100 ft

200 ft

 

None

 

Maximum Dwelling Units per Parcel

1

-

1

 

1

 

Minimum Dwelling Units per Parcel

-

-

-

 

-

 

Setbacks and Height Standards

Minimum Setbacks

Front

None

10 ft

25 ft

 

None

 

Rear

None

10 ft

25 ft

 

None

 

Side

None

10 ft

10 ft

 

None

 

Maximum Structure Height

30 ft[3]

30 ft[3]

30 ft

 

25 ft

 

Notes:

[1] Applicably solely to parcels newly created through lot split or subdivision

[2] 40-acre minimum parcel size if contiguous to an existing wildlife refuge

[3] If buildings are required to be elevated on stilts to protect against flood damage, maximum structure height is 25 feet above building floor elevation.

(b) Performance Standards. The following performance standards apply to permitted uses in the Forest Residential Zone identified in Table 44-2.60-2. Projects that cannot meet the following performance standards shall be elevated to a minor use permit.

(1) Water and sewer. Adequate capacity for provision of on-site water and sewer service consistent with the requirements of the Department of Environmental Health shall be demonstrated to the satisfaction of the Director.

(2) Flood management. Development shall comply with Chapter 33 (Flood Damage Prevention).

(3) Drainage and water quality. There shall be no net increase in off-site drainage flows, including peak flows during a storm event, and water quality measures shall be implemented to reduce stormwater pollutants.

(4) Roadway and access improvements. The project shall demonstrate adequate roadway and access improvements consistent with County standards to ensure adequate emergency services access.

(5) Fire protection. The project shall demonstrate adequate fire protection measures to the satisfaction of the Chief Building Official. (Ord. No. 765 § 2 (Exh. A) (part))

44-2.60.30 Allowed Uses in the Natural Resources Zones.

Table 44-2.60-2 identifies land uses allowed in the natural resource zones.

TABLE 44-2.60-2: ALLOWED USES IN THE NATURAL RESOURCES ZONES 

Allowed Uses – River Frontage (R-F), Flood Management (F-M), Forest Residential (F-R), Forest Management and Recreation (FMR), and Resource Management (R-M)

P = Permitted Use

A = Administrative Permit

M = Minor Use Permit

U = Use Permit

T = Temporary Use Permit

- = Use not allowed

Zoning Classifications

R-F

F-M

F-R

FMR

R-M

Special Regulations

Agricultural and Agricultural Support Uses

Agricultural Processing, Off-Site Products

-

-

-

 

-

 

Agricultural Processing, On-Site Products

-

U

U

 

-

 

Animal Grazing

P

P

P

 

P

 

Animal Processing and Rendering

-

-

-

 

-

 

Animal Raising and Keeping, Commercial

-

U

M

 

M

 

Animal Raising and Keeping, Private

P

P

P

 

P

 

Apiaries

P

P

P

 

P

 

Accessory Structures to Primary Agricultural Use

U

U

P

 

P

 

Crop Production and Cultivation, Including Orchards and Vineyards

P

P

P

 

P

 

Dairy

-

-

-

 

-

 

Intensive Animal Operations

-

-

-

 

-

 

Nurseries and Greenhouses

-

P

P

 

P

 

Private Farm Airstrips

-

-

-

 

-

 

Stables, Commercial

-

U

-

 

-

 

Stables, Private

-

U

P

 

M

 

Visitor-Serving Agricultural Support Use

-

-

-

 

-

 

Wineries

-

-

-

 

-

 

Natural Resource Uses

Energy Generation for Off-Site Use

-

U

-

 

U

44-2.80.020

Energy Generation for On-Site Use

-

M

P

 

M

 

Forestry and Logging

-

-

P

 

M

 

Mining

U

U

-

 

U

Chapter 9A

Oil and Gas Extraction

U

U

U

 

U

 

Timber Processing

-

-

U

 

-

 

Habitat Mitigation and Management

U

U

-

 

P

44-5.30

Commercial Uses

Agricultural Product Sales, Off-Site

-

-

-

 

-

 

Agricultural Product Sales, On-Site

-

U

P

 

-

 

Agriculture Auction and Sales Yards

-

-

-

 

-

 

Agriculture Chemicals Manufacture, Distribution, Use and Storage

-

-

-

 

-

 

Animal Hospitals and Kennels

-

-

-

 

-

 

Bars, Nightclubs, and Lounges

-

-

-

 

-

 

Bed and Breakfast

-

-

P

 

-

 

Commercial Recreation, Indoor

-

-

-

 

-

 

Commercial Recreation, Outdoor

M

M

M

 

M

 

Construction, Maintenance, and Repair Services

-

-

-

 

-

 

Equipment Sales and Rental

-

-

-

 

-

 

Farm Equipment: Sale, Rental, Repair and Supplies

-

-

-

 

-

 

Gas and Service Stations

-

-

-

 

-

 

Grocery Stores

-

-

-

 

-

 

Hotel and Motel

-

-

-

 

-

 

Duck, Hunting, and Fishing Clubs

U

U

U

 

U

44-4.100

Medical Offices and Clinics

-

-

-

 

-

 

Nursery, Retail

-

-

-

 

-

 

Offices, Professional

-

-

-

 

-

 

Personal Services

-

-

-

 

-

 

Public/Mini Storage

-

-

-

 

-

 

Recreational Vehicle Parks

U

-

U

 

-

 

Restaurant

-

-

-

 

-

 

Retail, General

-

-

-

 

-

 

Retail, Large Projects

-

-

-

 

-

 

Tasting Rooms

-

-

-

 

-

 

Vehicle Repair, Service and Maintenance

-

-

-

 

-

 

Vehicle Sales and Rental

-

-

-

 

-

 

Community and Recreational Uses

Boat Ramps and Landings

U

U

-

 

U

 

Campground

M

M

U

 

M

 

Cemeteries

-

-

-

 

-

 

Child Care Center

-

-

-

 

-

 

Clubs, Lodges, and Private Meeting Halls

-

-

-

 

-

 

Community Centers

-

-

-

 

-

 

Community Colleges and Universities

-

-

-

 

-

 

Correctional Institutions and Facilities

-

-

-

 

-

 

Cultural Institutions and Museums

-

-

-

 

-

 

Emergency Shelters

-

-

-

 

-

 

Family Day Care, Small

-

-

P

 

-

44-2.60.20(b)

Family Day Care, Large

-

-

-

 

-

 

Golf Courses and Country Clubs

-

-

-

 

-

 

Group Day Care Center

-

-

-

 

-

 

Hospitals

-

-

-

 

-

 

Marinas

-

-

-

 

-

 

Off-Highway Vehicle Recreation Area

-

-

-

 

-

 

Offices, Governmental

-

-

-

 

-

 

Parks and Recreational Facilities, Public

M

M

M

 

M

 

Public Safety Facilities

-

-

P

 

P

 

Recreational Facilities, Private

M

U

P

 

-

 

Religious Facilities and Institutions

-

-

-

 

-

 

Residential Care Facility

-

-

-

 

-

 

Schools, Public and Private

-

-

-

 

-

 

Trail Head Parking or Staging Area

M

P

-

 

M

 

Residential Uses

Agricultural Worker Housing Center

-

-

-

 

-

 

Agricultural Worker Housing Unit

-

-

P

 

-

44-2.60.20(b)

Caretaker Quarters

M

-

M

 

M

44-4.140

Duplex Home

-

-

-

 

-

 

Live/Work Unit

-

-

-

 

-

 

Manufactured or Mobile Home

-

-

P

 

-

44-4.70; 44-2.60.20(b)

Mobile Home (Temporary)

-

-

T

 

-

44-4.80

Mobile Home Park

-

-

-

 

-

 

Multiple Family Dwelling

-

-

-

 

-

 

Residential Care Homes, Large

-

-

-

 

-

 

Residential Care Homes, Small

-

-

P

 

-

44-4.30; 44-2.60.20(b)

Accessory Dwelling

-

-

A

 

-

44-4.10; 44-2.60.20(b)

Single-Family Home

-

-

P

 

-

44-2.60.20(b)

Industrial Uses

Manufacturing, General

-

-

-

 

-

 

Manufacturing, Heavy

-

-

-

 

-

 

Manufacturing, Light

-

-

-

 

-

 

Research and Development

-

-

-

 

-

 

Warehousing, Wholesaling, and Distribution

-

-

-

 

-

 

Transportation, Communication, and Utility Uses

Airport-Related Uses

-

-

-

 

-

 

Airports for Commercial Farm Services

-

-

-

 

-

 

Solid Waste Disposal Site

-

-

-

 

-

 

Composting Facilities and Soil Amendment Facilities

-

-

M

 

-

 

Sewage Disposal Site

-

-

-

 

-

 

Freight and Truck Terminals and Yards

-

-

-

 

-

 

Recycling Collection or Processing Facility, Large

-

-

-

 

-

 

Recycling Collection or Processing Facility, Small

-

-

-

 

-

 

Reverse Vending Machine

-

-

-

 

-

 

Telecommunications Facilities

U

U

U

 

U

 

Utilities, Major

U

U

-

 

U

 

Utilities, Minor

P

P

P

 

P

 

(Ord. No. 765 § 2 (Exh. A) (part); Ord. No. 788 § 9; Ord. No. 796, § 8.)

44-2.70 Special Purpose Zoning Classifications.

(Ord. No. 765 § 2 (Exh. A) (part))

44-2.70.10 Purpose of the Special Purpose Zones.

(a) General Recreation (G-R). The purpose of the G-R zone is to provide lands suitable for the development of active and passive recreational opportunities throughout the County. Appropriate uses in the G-R zone include public parks, sports fields, campgrounds, and trail systems.

(b) Airport (A-V). The A-V zone identifies lands suitable for, and used for, public or commercial airport purposes, including activities that are typically associated with airport operations, and preventing the encroachment of incompatible uses. Standards in the A-V zone are intended to support aeronautics-related businesses and services that benefit from, or require proximity to, an airport, and to ensure that airport operations and supporting uses to not pose a threat to public safety.

(c) Public Facilities (P-F). The P-F zone identifies lands used for governmental entities, and may include structures and facilities such as County buildings, schools, public safety facilities, utilities, and other public uses that enhance the quality of life within Colusa County.

(d) Rural Services (R-S). The R-S zone identifies areas suitable to provide necessary housing and services to the rural communities of Delevan, Sites, and Lodoga. The R-S zone facilitates multiple land uses on any given lot, consistent with and supportive of a higher intensity of development in the community area core that will contribute to a prosperous economy and higher quality of life in each of these rural centers. Subdivision or lot splitting into parcels smaller than two acres is prohibited, unless community water and septic/sewer systems can be provided to serve lots smaller than two acres. (Ord. No. 765 § 2 (Exh. A) (part))

44-2.70.20 Development Standards in the Special Purpose Zones.

Allowed uses and associated structures shall comply with the following development standards, in addition to any other applicable requirements of this Title, unless a variance is obtained in compliance with Section 44-1.90.050. Table 44-2.70-1 identifies the development standards applicable to the Special Purpose Zones.

TABLE 44-2.70-1: DEVELOPMENT STANDARDS IN THE SPECIAL PURPOSE ZONES 

Development Standards – General Recreation (G-R), Airport (A-V), Public Facilities (P-F), and Rural Services (R-S)

 

Zoning Classifications

G-R

A-V

P-F

R-S

Special Regulations

Parcel Size and Density

Minimum Parcel Size

0.5 acre

1 acre or 6,000 sq-ft within water and sewer district service areas

1 acre or 6,000 sq-ft within water and sewer district service areas

2 acres or 12,000 sq-ft within water or sewer district service areas

 

Minimum Parcel Width

60 ft

60 ft

60 ft

60 ft

 

Minimum Parcel Depth

None

None

None

None

 

Maximum Dwelling Units per Parcel

1 caretaker unit per parcel

-

-

2

 

Minimum Dwelling Units per Acre

-

-

-

-

 

Setbacks and Height Standards

Minimum Setbacks

Front

None[1]

None[1]

None[1]

15 ft

 

Rear

10 ft

10 ft

10 ft

15 ft

 

Side

None[2]

None[2]

None[2]

10ft

 

Maximum Structure Height

40 ft

35 ft

40 ft

40 ft

 

Notes:

[1] A 15-foot front setback shall be required when adjacent to a Residential Zone

[2] An 8-foot setback shall be required when adjacent to a Residential Zone. A zero side lot line must include fireproof walls and meet all applicable building and fire code requirements.

(Ord. No. 765 § 2 (Exh. A) (part))

44-2.70.30 Allowed Uses in the Special Purpose Zones.

Table 44-2.70-2 identifies land uses allowed in the special purpose zones.

TABLE 44-2.70-2: ALLOWED USES IN THE SPECIAL PURPOSE ZONES 

Allowed Uses – General Recreation (G-R), Airport (A-V), Public Facilities (P-F), and Rural Services (R-S)

P = Permitted Use

A = Administrative Permit

M = Minor Use Permit

U = Use Permit

T = Temporary Use Permit

- = Use not allowed

Zoning Classifications

G-R

A-V

P-F

R-S

Special Regulations

Agricultural and Agricultural Support Uses

Agricultural Processing, Off-Site Products

U

-

-

U

 

Agricultural Processing, On-Site Products

P

-

-

P

 

Animal Grazing

P

-

-

P

 

Animal Processing and Rendering

-

-

-

-

 

Animal Raising and Keeping, Commercial

P

-

-

-

 

Animal Raising and Keeping, Private

P

-

-

M

 

Apiaries

P

-

-

M

 

Accessory Structures to Primary Agricultural Use

P

-

-

P

 

Crop Production and Cultivation, including Orchards and Vineyards

P

-

-

P

 

Dairy

-

-

-

-

 

Intensive Animal Operations

-

-

-

-

 

Nurseries and Greenhouses

P

-

-

P

 

Private Farm Airstrips

-

P

-

-

 

Stables, Commercial

M

-

-

-

 

Stables, Private

M

-

-

M

 

Visitor-Serving Agricultural Support Use

M

-

-

M

 

Wineries

M

-

-

M

 

Natural Resource Uses

Energy Generation for Off-Site Use

U

-

-

-

44-2.80.020

Energy Generation for On-Site Use

P

-

P

P

 

Forestry and Logging

-

-

-

-

 

Mining

-

-

-

-

 

Oil and Gas Extraction

-

-

-

-

 

Timber Processing

-

-

-

-

 

Habitat Mitigation and Management

-

-

-

-

 

Commercial Uses

Agricultural Product Sales, Off-Site

-

-

-

-

 

Agricultural Product Sales, On-Site

M

-

-

P

 

Agriculture Auction and Sales Yards

-

-

-

-

 

Agriculture Chemicals Manufacture, Distribution, Use and Storage

-

-

-

-

 

Animal Hospitals and Kennels

-

-

-

U

 

Bars, Nightclubs, and Lounges

-

-

-

P

 

Bed and Breakfast

-

-

-

M

44-4.100

Commercial Recreation, Indoor

P

-

-

M

 

Commercial Recreation, Outdoor

P

-

-

M

 

Construction, Maintenance, and Repair Services

-

-

-

P

 

Equipment Sales and Rental

-

-

-

M

 

Farm Equipment: Sale, Rental, Repair and Supplies

-

-

-

M

 

Gas and Service Stations

-

-

-

P

 

Grocery Stores

-

-

-

P

 

Hotel and Motel

-

-

-

M

 

Duck, Hunting, and Fishing Clubs

U

-

-

-

44-4.100

Medical Offices and Clinics

-

-

-

P

 

Nursery, Retail

-

-

-

P

 

Offices, Professional

-

-

-

P

 

Personal Services

-

-

-

P

 

Public/Mini Storage

-

-

-

U

 

Recreational Vehicle Parks

-

-

-

U

 

Restaurant

-

-

-

P

 

Retail, General

-

-

-

P

 

Retail, Large Projects

-

-

-

-

 

Tasting Rooms

-

-

-

P

 

Vehicle Repair, Service and Maintenance

-

-

-

M

 

Vehicle Sales and Rental

-

-

-

M

 

Community and Recreational Uses

Boat Ramps and Landings

M

-

U

-

 

Campground

P

-

M

M

 

Cemeteries

-

-

M

-

 

Child Care Center

-

-

-

U

44-4.20

Clubs, Lodges, and Private Meeting Halls

M

-

-

M

 

Community Centers

P

-

-

M

 

Community Colleges and Universities

-

-

U

U

 

Correctional Institutions and Facilities

-

-

P

-

 

Cultural Institutions and Museums

M

-

P

-

 

Family Day Care, Small

-

-

-

P

44-4.20

Family Day Care, Large

-

-

-

M

44-4.20

Emergency Shelters

-

-

-

-

 

Group Day Care Center

-

-

-

U

44-4.20

Golf Courses and Country Clubs

P

-

-

-

 

Hospitals

-

-

P

-

 

Marinas

M

-

U

-

 

Off-Highway Vehicle Recreation Area

U

-

-

-

 

Offices, Governmental

-

-

P

P

 

Parks and Recreational Facilities, Public

P

-

P

M

 

Public Safety Facilities

-

U

P

U

 

Recreational Facilities, Private

P

-

U

P

 

Religious Facilities and Institutions

-

-

P

P

 

Residential Care Facility

-

-

-

-

 

Schools, Public and Private

U

-

P

U

 

Trail Head Parking or Staging Area

P

-

P

M

 

Residential Uses

Agricultural Worker Housing Center

-

-

-

M

 

Agricultural Worker Housing Unit

-

-

-

M

 

Caretaker Quarters

P

-

-

M

44-4.140

Duplex Home

-

-

-

-

 

Live/Work Unit

-

-

-

P

 

Manufactured or Mobile Home

-

-

-

P

44-4.70

Mobile Home (Temporary)

-

-

-

T

44-4.80

Mobile Home Park

-

-

-

U

 

Multiple Family Dwelling

-

-

-

-

 

Residential Care Homes, Large

-

-

-

M

44-4.30

Residential Care Homes, Small

-

-

-

P

44-4.30

Accessory Dwelling

-

-

-

A

44-4.10

Single-Family Home

-

-

-

P

 

Industrial Uses

Manufacturing, General

-

-

-

-

 

Manufacturing, Heavy

-

-

-

-

 

Manufacturing, Light

-

-

-

U

 

Research and Development

-

-

-

-

 

Warehousing, Wholesaling, and Distribution

-

-

-

-

 

Transportation, Communication, and Utility Uses

Airport-Related Uses

-

P

M

-

 

Airports for Commercial Farm Services

-

P

M

-

 

Solid Waste Disposal Site

-

-

M

-

 

Composting Facilities and Soil Amendment Facilities

M

-

M

-

 

Sewage Disposal Site

-

-

P

-

 

Freight and Truck Terminals and Yards

-

M

-

-

 

Recycling Collection or Processing Facility, Large

-

-

M

-

 

Recycling Collection or Processing Facility, Small

-

-

P

M

 

Reverse Vending Machine

P

P

P

P

 

Telecommunications Facilities

P

P

P

P

 

Utilities, Major

M

M

P

M

 

Utilities, Minor

P

P

P

P

 

(Ord. No. 765 § 2 (Exh. A) (part); Ord. No. 788 § 10; Ord. No. 796, § 9.)

44-2.80 Overlay Zones.

(Ord. No. 765 § 2 (Exh. A) (part))

44-2.80.010 Planned Development (PD) Overlay Zone.

(a) Purpose of the Planned Development Overlay Zone. The Planned Development (PD) overlay zone is intended to provide for flexibility in the development regulations and design standards and to allow mixtures of uses and clustering of land uses that are traditionally prohibited by conventional zoning. Through this flexibility in standards, many of the objectives of the General Plan can best be achieved. The Planned Development overlay zone establishes a process for the regulation of areas suitable for comprehensive development with detailed development plans (in the form of a Planned Development) and of those areas that require special planning to provide for development in harmony with natural features and other environmental considerations. Planned Developments may be residential, commercial, or industrial and may permit mixed uses under certain circumstances, if such uses are determined to be consistent with the intent of the General Plan. The objectives of the Planned Development overlay zone are to achieve one or more of the following purposes:

(1) Permit flexibility in design and use of an individually owned property or a group of separately owned properties to allow for economy, convenience and amenity in development.

(2) Permit cluster development in appropriate locations.

(3) Allow certain uses not otherwise permitted in the zone under controlled circumstances.

(4) Encourage the provision of both on-site and off-site open space in consideration for increased density or other bonuses.

(5) Where appropriate, encourage energy efficiency, water conservation, variety in housing types, and greater public access to open space.

(b) Planned Development. A Planned Development is required in conjunction with any rezone request for a Planned Development overlay zone designation. To qualify for rezoning, projects must include developed or undeveloped property with one or more contiguous parcels totaling a minimum of two acres in size. Projects of less than two acres may be considered when determined that the development area is underutilized or problematic (e.g., infill, reuse, redevelopment) and that the surrounding area will be better served by the project.

(c) Approving Authority. The designated approving authority for a Planned Development is the Board (Table 44-1.1). A Planned Development shall be processed in accordance with the processing requirements of Article 44-1.

(d) Procedures. This process will be conducted by the Director in accordance with Section 44-1.70 (Permit Application and Review Procedures). A public hearing is required for a Planned Development.

(e) Deviations from Development Standards. The approving authority may grant requests to deviate from the development standards (e.g., minimum lot area, yard requirements, building heights), but shall not grant exceptions to the allowed land use or density of the base zoning classification that would result in a conflict with the intent of the General Plan. Physical development standards may be modified if the plan includes examples of superior design, environmental preservation and public benefit amenities, and the approving authority makes all of the required findings herein.

(1) Approval Findings. The approving authority shall make the following findings to approve a Planned Development application.

(A) The proposed project does not exceed the total density allowed under the base zoning classification or the General Plan land use designation.

(B) The proposed project is superior to development that could occur under the development standards of the base zoning classification in at least three of the following ways:

(i) Greater open space and common areas than required;

(ii) Greater landscaping than required that enhances the public street appearance (including street trees, benches, lights, special paving, water fountains, etc.) or increases landscape buffers with adjacent properties;

(iii) Superior site design. Utilization of commercial/industrial design standards to achieve a superior site design;

(iv) Superior subdivision design. Utilization of design standards to achieve a superior subdivision design;

(v) Greater connectivity to surrounding public streets, bike paths, pedestrian walkways, and public open spaces than required by zoning or subdivision regulations;

(vi) Enhanced environmental preservation by clustering development to preserve sensitive plant or wildlife habitat, biological resources, or contiguous open space;

(vii) Reduced impacts on surrounding properties, in terms of privacy, protections for adjacent agricultural operations, access to sunlight, shadow, views, building bulk, noise, or other types of negative impacts, beyond what would be achieved under existing requirements.

(C) The proposed project incorporates best site planning practices for quality design and compatibility with surroundings.

(D) The proposed project incorporates high quality architectural design and durable materials.

(E) The proposed project shall not be substantially detrimental to adjacent property and will not materially impair the purposes of this zoning code, the general plan, or the public interest.

(f) Planned Development Overlay Designation. Planned Development overlay zones shall be delineated on the Zoning Map in a manner similar to that of any other overlay zone. The assignment of the Planned Development overlay zone designation serves to provide a reference to the corresponding Planned Development Zoning document adopted by ordinance of the Board. Applicable zoning regulations and standards applicable to the land area shall be provided in the Planned Development document.

(g) Allowed Uses. Allowed uses within a Planned Development overlay zone are those listed uses in the adopted Planned Development document. A Planned Development may reference the allowed use provisions of a concurrent base zoning classification contained in this article; however, in the event that there are conflicts between the provisions of the Planned Development and this title, the Planned Development shall prevail. Where a Planned Development does not provide a listing of allowed uses, the regulations of the base zoning classification shall prevail.

(h) Development Standards. Development standards within the Planned Development overlay zone are those standards listed in the adopted Planned Development. A Planned Development overlay zone may reference the development standards of the base zoning classification, in which case the standards of the base zoning classification shall apply. Where a Planned Development is silent regarding a countywide standard (e.g., sign regulations), the adopted standard shall apply. Where a Planned Development establishes unique standards that are in conflict with the standards of this Chapter (Zoning), the Planned Development standards shall prevail. When a Planned Development does not establish development standards, the standards for the equivalent base zoning classification shall apply as determined and formally interpreted by the Director.

(i) Planned Development Application Contents. The application for a Planned Development and a Planned Development overlay zone designation shall contain the following information:

(1) Legal description of the property.

(2) Proposed land uses showing general locations of all buildings and proposed specific uses. For residential planned unit developments, building envelopes must be designated on all lots, either by setbacks or, for larger lots, designated building areas that can be defined by dimensions shown on the plans.

(3) General circulation pattern indicating both public and private vehicular, bicycle, and pedestrian ways and parking areas.

(4) A tabulation of the total land area and percentage designated for each proposed use, as well as a tabulation of residential units by type, and square footage of commercial, industrial, and other non-residential uses by type.

(5) Delineation of development staging locations, if any.

(6) Topographic map of the property with contours in intervals of not more than five feet or as determined by the Director.

(7) If permanent open space is proposed, plans and a description of the property shall be submitted as well as a written statement by the property owner authorizing the applicant to negotiate with the County for acquisition of an easement or fee title.

(8) A preliminary report indicating provisions for storm drainage, sewage disposal, water supply, access, grading, and public utilities.

(9) A statement of provisions for ultimate ownership and maintenance of all parts of the development, including streets, structures, and open spaces.

(10) Building elevations, architectural renderings, or other information deemed necessary by the Director. (Ord. No. 765 § 2 (Exh. A) (part))

44-2.80.020 Energy Production (EP) Overlay Zone.

A. Purpose of the Energy Production Overlay Zone. The Energy Production (EP) overlay zone is intended to identify and designate areas suitable for the development of large-scale commercial energy facilities and to streamline the approval of such facilities. The application of the EP overlay zone should be based on the availability of resources, the location of existing or proposed infrastructure, and the potential for commercial energy facilities to be appropriately sited to effectively mitigate potential significant impacts.

B. Applicability. The EP overlay zone may be applied only within the following base zones:

a. Foothill Agriculture (F-A)

b. Exclusive Agriculture (E-A)

c. Upland Conservation (U-C)

d. Light Industrial (M-1)

e. Heavy Industrial (M-2)

f. Forest Management and Recreation (FMR)

g. Public Facilities (P-F)

The uses and standards required in the EP overlay zone shall be in addition to those of the base zone.

C. Criteria for Designation. The EP overlay zone may be applied only to property meeting all of the following designation criteria:

a. The EP overlay zone may not be applied within 500 feet of the R-R, R-1, R-2, R-3, R-4, and Mixed Use (MU) zones.

b. The EP overlay zone shall not be placed on any property under Williamson Act contract unless power generation facilities are specifically allowed under the contract.

c. The EP overlay zone shall not be placed on any parcel with a conservation or other restrictive easement unless power generation facilities are specifically allowed under the easement.

d. The EP zone may be applied on prime farmland, farmland of statewide importance, and farmland of local importance as designated by the California Department of Conservation only if the applicant can demonstrate that the farmland is marginal and cannot produce agricultural products at the average rate of other farmland in the County with the same farmland designation.

D. Permitted Uses. All uses allowed as permitted uses by the underlying primary zone with which the EP overlay zone is applied shall be permitted in the EP overlay zone in compliance with the provisions and standards of the primary zone.

In addition to the uses allowed by the underlying primary zone, the following energy facilities shall be allowed as a permitted use, subject to a minor use permit and the site planning and development standards identified in this article.

a. Exploratory wells for either low temperature or steam geothermal development;

b. Commercial steam geothermal facilities for heat and power;

c. Wind anemometers and wind electric generation facilities;

d. Commercial solar photovoltaic facilities;

e. Cogeneration and bioenergy production facilities;

f. Natural gas fired power plants;

g. Other hybrid or emerging energy technologies which in the opinion of the Director are of a similar and compatible nature to those uses described in this article;

h. Electric power transmission infrastructure, including sub-stations, generating stations, pipelines and transmission lines; and

i. Accessory uses and buildings directly related to the operation and maintenance of the electric generating facilities.

E. Performance Standards. The following performance standards apply to energy production uses within the EP overlay zone. Projects that cannot meet the following performance standards shall be elevated to a use permit.

a. Farmland protection. In the agricultural zoning classifications, the project shall be sited to minimize the loss of Important Farmlands to the greatest extent feasible. A Right to Farm Declaration and Agricultural Use Easement shall be recorded to minimize conflicts with agricultural operations. If the project is located on a site under Williamson Act Contract, the project must serve as an agricultural or compatible use listed in the Uniform Rules for the Land Conservation Act Program.

b. Aesthetics. The project shall be sited to minimize view impacts from public roads and adjacent residential areas. Any lighting shall be fully shielded, downward casting, and not result in light spillage onto off-site structures or properties, or the night sky. The operator shall maintain the facility, including all required landscaping, in compliance with the approved plans.

c. Maximum noise levels. Maximum noise levels shall meet the requirements of General Plan Table N-1. Further, maximum noise levels shall not exceed 60 dB at the property line of adjacent uses that are not in an agricultural or industrial zone.

d. Maximum daily trips. Daily trips shall not exceed 100 car or light truck vehicle trips or 70 heavy truck trips, or a combination of the two.

e. Water and sewer. Adequate capacity for provision of on-site water and sewer service shall be demonstrated to the satisfaction of the Director where the project will not connect to public water and/or wastewater infrastructure.

f. Flood management. Development shall comply with Chapter 33 (Flood Damage Prevention). Improvements located within the 100-year floodplain, such as solar panels and wind turbines, shall be built in accordance with best practices and shall be flood-resistant or shall incorporate methods to minimize flood damage, such as being adequately anchored to prevent flotation or collapse, constructed with flood resistant materials below the base flood elevation, and be designed or located such that floodwater is prevented from entering or accumulating in the components that are not flood resistant during flooding events.

g. Drainage. There shall be no net increase in off-site drainage flows, including peak flows during a storm event.

h. Roadway and access improvements. The project shall demonstrate adequate roadway and access improvements consistent with County standards to accommodate the maximum daily trips to the satisfaction of the Director of Public Works.

i. Fire protection. The project shall demonstrate adequate fire protection measures to the satisfaction of the Chief Building Official.

j. Biological resources protection. The project shall not be sited within designated sensitive biological resource areas, including wetlands, streams, threatened or endangered species habitat areas and/or habitat connectivity corridors. (Ord. No. 765 § 2 (Exh. A) (part))

Article 44-3: Site Planning Provisions

44-3.10 Landscaping.

This section establishes standards for landscaping in urban areas of the County to enhance the aesthetic appearance of developed areas and to promote the efficient use of water resources. (Ord. No. 765 § 2 (Exh. A) (part))

44-3.10.010 Applicability.

The requirements in this section shall apply to properties located within urban zones, including residential (R-1, R-2, R-3, and R-4), commercial (C-1, C-2, C-H, C-R, and MU), and industrial (M-1, M-2, and RD) zones, and to properties within the recreational (G-R) zone. The following landscape projects are subject to the requirements of this section:

A. New construction and rehabilitated landscapes for public agency projects and private development projects with a landscape area equal to or greater than 2,500 square feet requiring a building permit, plan check, or zoning permit;

B. New construction and rehabilitated landscapes which are developer-installed in single-family and multi-family subdivision projects with a landscape area equal to or greater than 2,500 square feet requiring a building permit, plan check, or zoning permit;

C. New construction and rehabilitated landscapes for commercial and industrial projects with a landscape area equal to or greater than 10 percent of the floor area ratio requiring a building permit, plan check, or zoning permit;

D. New construction and rehabilitated landscapes for all public or private parks and recreation projects;

E. This section does not apply to the following:

1. Registered local, state or federal historical sites;

2. Ecological restoration projects that do not require a permanent irrigation system;

3. Mined-land reclamation projects that do not require a permanent irrigation system; or

4. Plant collections, as part of botanical gardens and arboretums open to the public. (Ord. No. 765 § 2 (Exh. A) (part))

44-3.10.020 General Landscape Guidelines.

The following guidelines are encouraged within all urban zones, as identified above under Section 44-3.10.010.

A. Plant Selection. Plants should be selected from a County-approved list of native, water-conserving, and non-invasive species. Plant species that require extensive shearing shall be avoided, unless a sheared appearance is desired and no other suitable plant species exists.

B. Turf lawns.

1. Water-intensive turf should be limited to 25 percent of the total landscaped area of a site for all residential, commercial, and industrial projects. Recreational and parks projects may exceed this standard based on the nature of the proposed use at the site. For example, sports parks, ball fields, and other uses that require large areas of open turf may exceed this requirement.

2. Turf should be prohibited on slopes 25 percent or greater.

C. Plant Groupings. Where irrigation is proposed, plants with different watering needs should be grouped in separate hydrozones (i.e., plants within each irrigation valve area shall have the same watering requirements).

D. Water Features. Decorative water features (e.g., fountains, ponds, waterfalls) should have recirculating water systems. Where available, recycled water should be used as a source for decorative water features.

E. Mulch. A minimum two inch (2″) layer of mulch should be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications. Stabilizing mulching products should be used on slopes greater than 10 percent.

F. Public Safety. Plant species should be selected and located so that at maturity they do not interfere with pedestrian, bicycle, or vehicular circulation and do not conflict with overhead lights or utility lines. Landscaping in fire-prone areas should address fire safety and prevention. A defensible space or zone around a building or structure is required per Public Resources Code Section 4291(a) and (b). Avoid fire-prone plant materials and highly flammable mulches.

G. Maintenance. All landscaped areas should be kept free of debris, trash, weeds, and other unsightly material. Landscape material requiring pruning or mowing should be maintained on a periodic basis to avoid overgrowth and visual deterioration. (Ord. No. 765 § 2 (Exh. A) (part))

44-3.10.030 Residential Landscape Standards.

The following standards apply within all urban residential zones (R-1, R-2, R-3, and R-4):

A. No more than 50 percent of required front and side setbacks may be covered with paving or other impervious surfaces. The review authority may grant exceptions to this requirement for small or irregularly shaped parcels if compliance would result in inadequate vehicu