Chapter 18.16
DISTRICT REGULATIONS Amended Ord. CCO-21-01

Sections:

18.16.010    Designation of regulations.

18.16.020    Establishment of regulations. Amended Ord. CCO-21-01

18.16.030    Auto sales and service.

18.16.040    Short-term rentals prohibited in R-1 zone.

18.16.050    Transient occupancy tax – Business licenses.

18.16.060    Official zoning map.

18.16.070    Uncertainties of zone boundaries.

18.16.010 Designation of regulations.

(A) Except as provided hereinafter, no structure shall be erected, reconstructed, enlarged, altered or moved; nor shall any building or land be used except as hereinafter specifically provided and allowed in the districts in which such structure or land is located.

(B) Unless expressly permitted by the City Municipal Code, or the Cal. Health and Safety Code § 11362.1(a), all cultivation, manufacture, distribution, possession, storing, laboratory testing, labeling, transportation, distribution, delivery or sale of cannabis or cannabis products is prohibited within the City. (Ord. CCO-17-04, 2017; Ord. CCO-17-03, 2017; Ord. 258 § 4.1, 1967)

18.16.020 Establishment of regulations. Amended Ord. CCO-21-01

The regulations within the districts are as established in the following tables:

Table 1 – Resource Lands (R-L) 

1.1

Purpose.

 

The resource lands (R-L) zoning district is intended to provide land development standards and requirements for lands with the capacity to be used for the managed production of resources. Generally, lands within the R-L classification are endowed with soil types, slope or other geologic or biological characteristics that make it possible for the property owner to use the land for commercial and economically viable resource uses.

1.2

General Plan Consistency.

 

The R-L zone is consistent with the resource lands land use classification of the General Plan. The R-L zone may also be applied to lands within other General Plan land use classifications if the subject property is to be used for a resource use.

1.3

Density and Intensity.

 

A.

Maximum residential density: One dwelling unit per 10 acres.

 

B.

Minimum parcel size: One-half acre.

1.4

Site Development Standards.

 

In the R-L zone, the following site development standards shall apply:

 

A.

Building Setbacks.

 

 

1.

Front: 20 feet.

 

 

2.

Rear: 30 feet.

 

 

3.

Side: Side yards shall not be less than 30 feet.

 

 

4.

Between buildings: 20 feet between agricultural storage buildings and any residences, otherwise distance between buildings needs to meet the standards of the Uniform Building Code and Uniform Fire Code.

 

B.

Lot Design.

 

 

1.

Maximum building height: 35 feet.

 

 

2.

Minimum lot width: 100 feet at setback line or, for irregular shaped lots, an average of 100 feet.

 

 

 

3.

Lot depth: The lot depth shall not exceed three times the width.

 

 

4.

Lot coverage: For residential uses, not exceeding 10 percent. For nonresidential uses, per approved plot plan, but not exceeding 25 percent.

1.5

Permitted Uses.

 

The following uses are permitted in the R-L zone upon issuance of a building permit, business license, or other required permit:

 

A.

Single-family residence.

 

B.

Greenhouses and landscape nurseries.

 

C.

Land uses which conform to the purpose of the district, and which in the judgment of the Planner are consistent with the purpose of the district.

1.6

Conditional Uses.

 

The following uses are permitted in the R-L district upon approval and validation of a conditional use permit, in addition to any other permits or licenses required for the use:

 

A.

Airport, heliport.

 

B.

Agriculture.

 

C.

Commercial stable.

 

D.

Contractor’s equipment yard.

 

E.

Feed lots, slaughter houses, livestock transshipment facilities.

 

F.

Group care home of more than six clients pursuant to Cal. Health and Safety Code § 1501.

 

G.

Kennels.

 

H.

Mineral resource extraction and production.

 

I.

Places of assembly or learning:

 

 

1.

Church or other place of worship or spiritual assembly.

 

 

2.

Grange halls, community centers, or meeting places.

 

 

3.

Schools, public or private.

 

J.

Public and quasi-public facilities:

 

 

1.

Electrical substations.

 

 

2.

Fire station, police station, sheriff substation.

 

 

3.

Parks, picnic areas, playgrounds, other than those approved with a project’s overall permitting.

 

 

4.

Wastewater treatment facilities.

 

 

5.

Water treatment facilities.

 

K.

Large animals, one animal per each one acre.

1.7

Accessory Uses.

 

The following uses are permitted in the R-L zone as a use accessory to the primary permitted or conditional use:

 

A.

Garage, carport.

 

B.

Barn, shed, or structure for personal storage.

 

C.

Stable, paddock, or corral.

 

D.

Swimming pool.

 

E.

Fences, walls.

 

F.

Business in the home in conformance with this code.

 

G.

Signs in conformance with the Mt. Shasta Municipal Code.

 

Table 2 – Unclassified (U) 

2.1

Purpose.

 

The unclassified (U) zoning district is intended to provide opportunities for development proposals with conditional use permits, consistent with the applicable General Plan land use designation, in areas that have unique development constraints. (Note: The U district is being phased out by the City and, after the year 2008, shall not be applied to any lands not already zoned as such.)

2.2

General Plan Consistency.

 

The U zone is consistent with all land use classifications of the General Plan.

2.3

Density and Intensity.

 

Density and intensity are as specified in the underlying General Plan land use designation and the approved use permit.

2.4

Site Development Standards.

 

Site development standards are as specified in an approved use permit.

2.5

Conditional Uses.

 

The following uses are permitted in the U district upon approval and validation of a conditional use permit, in addition to any other permits or licenses required for the use:

 

A.

Uses specified in an approved conditional use permit, provided they are also consistent with the General Plan land use designation.

2.6

Accessory Uses.

 

The following uses are permitted in the U district as a use accessory to the primary permitted or conditional use:

 

A.

Uses specified in an approved use permit, provided they are also consistent with the General Plan land use designation.

 

Table 3 – Low Density Residential, 10,000 Minimum (R1/B1) 

3.1

Purpose.

 

The low density residential, 10,000 minimum (R1/B1) zoning district is the zone in which a property owner can build and expect to find detached single-family homes. The density is very low, and reflects existing lot sizes in some areas of the City. The City has the discretion to determine whether a proposal is compatible with existing development patterns in the project area.

3.2

General Plan Consistency.

 

The R1/B1 zone is consistent with the general residential and community residential land use classifications of the General Plan.

3.3

Density and Intensity.

 

A.

Maximum residential density: Four dwelling units per gross acre.

 

B.

Minimum Parcel Size.

 

 

1.

Internal parcel: 10,000 square feet.

 

 

2.

External (corner): 10,000 square feet.

 

 

3.

One residential unit per 10,000 square feet for cluster or similar development pattern.

3.4

Site Development Standards.

 

In the (R1/B1) zone, the following site development standards shall apply:

 

A.

Building Setbacks.

 

 

1.

Front: 25 feet.

 

 

2.

Rear: 10 feet.

 

 

3.

Side: 10 feet.

 

 

4.

Between buildings: As required by the Uniform Building Code and Uniform Fire Code.

 

B.

Lot Design.

 

 

1.

Maximum building height: 35 feet.

 

 

2.

Lot width: 80 feet at front yard setback.

 

 

3.

Lot depth: The lot depth shall not exceed three times the width.

 

 

4.

Lot coverage: The lot coverage shall not exceed 45 percent.

3.5

Permitted Uses.

 

The following uses are permitted in the R1/B1 district upon issuance of a building permit, business license, or other required permit:

 

A.

Single-family dwelling.

 

B.

Model home for up to one year after the sale of the last home site.

3.6

Conditional Uses.

 

The following uses are permitted in the R1/B1 district upon approval and validation of a conditional use permit, in addition to any other permits or licenses required for the use:

 

A.

Places of assembly or learning:

 

 

1.

Church or other place of worship or spiritual assembly.

 

 

2.

Community centers, or meeting places.

 

 

3.

Schools, public or private.

 

B.

Public and quasi-public facilities:

 

 

1.

Electrical substations.

 

 

2.

Parks, picnic areas, playgrounds, other than those approved with a project’s overall permitting.

 

C.

Senior and assisted housing.

3.7

Accessory Uses.

 

The following uses are permitted in the R1/B1 district as a use accessory to the primary permitted or conditional use when constructed subsequent to the primary residential use:

 

A.

Residential garage or carport.

 

B.

Swimming pool.

 

C.

Fences, walls.

 

D.

Home occupation.

 

E.

Usual and customary accessory structures and uses associated with a residence.

 

Table 4 – Low Density Residential (R-1) 

4.1

Purpose.

 

The low density residential (R-1) zoning district is the zone in which a property owner can build and expect to find detached single-family homes. The assigned density is more in keeping with typical suburban-style parcels of homes and garages. The City has the discretion to determine whether a proposal is compatible with existing development patterns in the project area.

4.2

General Plan Consistency.

 

The R-1 zone is consistent with the low density residential land use classifications of the General Plan.

4.3

Density and Intensity.

 

A.

Maximum residential density: Six dwelling units per gross acre.

 

B.

Minimum Parcel Size.

 

 

1.

Internal parcel: 6,000 square feet.

 

 

2.

External (corner): 7,000 square feet.

 

 

3.

One residential unit per 6,000 square feet for cluster or similar development pattern.

4.4

Site Development Standards.

 

In the R-1 zone, the following site development standards shall apply:

 

A.

Building Setbacks.

 

 

1.

Front: 20 feet.

 

 

2.

Rear: 10 feet.

 

 

3.

Side: The combined side yards shall not be less than 10 feet with a minimum side yard on one side of four feet.

 

 

 

a.

Corner lots: 10 feet on the exterior lot line.

 

 

4.

Between buildings: As required by the Uniform Building Code and Uniform Fire Code.

 

B.

Lot Design.

 

 

1.

Maximum building height: 35 feet.

 

 

2.

Lot width: 60 feet at front yard setback.

 

 

3.

Lot depth: The lot depth shall not exceed three times the width.

 

 

4.

Lot coverage: The lot coverage shall not exceed 40 percent.

4.5

Permitted Uses.

 

The following uses are permitted in the R-1 district upon issuance of a building permit, business license, or other required permit:

 

A.

Single-family dwelling.

 

B.

Model home for up to one year after the sale of the last home site.

 

C.

Supportive housing.

 

D.

Transitional housing.

4.6

Conditional Uses.

 

The following uses are permitted in the R-1 district upon approval and validation of a conditional use permit, in addition to any other permits or licenses required for the use:

 

A.

Places of assembly or learning:

 

 

1.

Church or other place of worship or spiritual assembly.

 

 

2.

Community centers, or meeting places.

 

 

3.

Schools, public or private.

 

B.

Public and quasi-public facilities:

 

 

1.

Electrical substations.

 

 

2.

Parks, picnic areas, playgrounds, other than those approved with a project’s overall permitting.

 

C.

Senior and assisted housing.

4.7

Accessory Uses.

 

The following uses are permitted in the R-1 district as a use accessory to the primary permitted or conditional use when constructed subsequent to the primary residential use.

 

A.

Residential garage or carport.

 

B.

Swimming pool.

 

C.

Fences, walls.

 

D.

Home occupation.

 

E.

Usual and customary accessory structures and uses associated with a residence.

 

Table 5 – Low Density Residential Urban (R-1-U) 

5.1

Purpose.

 

The low density residential urban (R-1-U) zoning district is the zone in which a property owner can build and expect to find detached single-family homes on smaller lots. Site development standards provide opportunities for maintaining density in balance with open space and recreation amenities. The City has the discretion to determine whether a proposal is compatible with existing development patterns in the project area.

5.2

General Plan Consistency.

 

The R-1-U zone is consistent with the low density residential land use classifications of the General Plan.

5.2.5

Approval of R-1-U Zone Application.

 

A.

The R-1-U zone is a floating zone. The approving body may approve an application for rezoning to R-1-U if the following criteria are met:

 

 

1.

The site is designated for low density residential and zoned R-1.

 

 

2.

The proposed lot is surrounded by lots of similar size or smaller or set in a residential street or block with similar sized or smaller lots.

 

 

3.

The project must gain access from a public street, alley, or approved private roadway. If there is access to a developed alley, use of the alley for access is encouraged to achieve compatibility.

 

 

4.

Public services such as water, wastewater, and drainage facilities are available.

 

 

5.

The site to be rezoned R-1-U will be developed in a manner which provides for compatible development in terms of building orientations, and street designs, in relation to the existing neighborhood.

 

B.

Accompanying the request for rezoning, the applicant shall submit a plot plan demonstrating that the project is compatible with surrounding uses in terms of intensity and site design.

5.3

Density and Intensity.

 

A.

Maximum residential density: Nine dwelling units per gross acre.

 

B.

Minimum Parcel Size.

 

 

1.

Internal parcel: 4,500 square feet.

 

 

2.

External (corner): 5,000 square feet.

 

 

3.

One residential unit per 4,500 square feet for cluster or similar development pattern.

5.4

Site Development Standards.

 

A.

Building Setbacks.

 

 

1.

Front: 10 feet.

 

 

 

a.

Garage with garage door facing street: 20 feet.

 

 

 

b.

Garage with garage door facing interior side lot line: 10 feet.

 

 

2.

Rear: 10 feet.

 

 

3.

Side: The combined side yards shall not be less than 10 feet with a minimum side yard on one side of four feet.

 

 

 

a.

Corner lots: 10 feet on the street side.

 

 

4.

Between buildings: As required by the Uniform Building Code and Uniform Fire Code.

 

B.

Lot Design.

 

 

1.

Maximum building height: 35 feet.

 

 

2.

Lot width: 50 feet at front yard setback.

 

 

3.

Lot depth: The lot depth shall not exceed three times the width.

 

 

4.

Maximum lot coverage: 50 percent.

5.5

Permitted Uses.

 

The following uses are permitted in the R-1-U district upon issuance of a building permit, business license, or other required permit:

 

A.

Single-family dwelling.

 

B.

Model home for up to one year after the sale of the last home site.

 

C.

Supportive housing.

 

D.

Transitional housing.

5.6

Conditional Uses.

 

The following uses are permitted in the R-1-U district upon approval and validation of a conditional use permit, in addition to any other permits or licenses required for the use:

 

A.

Places of assembly or learning:

 

 

1.

Church or other place of worship or spiritual assembly.

 

 

2.

Community centers, or meeting places.

 

 

3.

Schools, public or private.

 

B.

Public and quasi-public facilities:

 

 

1.

Electrical substations.

 

 

2.

Parks, picnic areas, playgrounds, other than those approved with a project’s overall permitting.

 

C.

Senior and assisted housing.

5.7

Accessory Uses.

 

The following uses are permitted in the R-1-U district as a use accessory to the primary permitted or conditional use when constructed subsequent to the primary residential use:

 

A.

Residential garage or carport.

 

B.

Swimming pool.

 

C.

Fences, walls.

 

D.

Home occupation.

 

E.

Usual and customary accessory structures and uses associated with a residence.

 

Table 6 – Medium Density Residential (R-2) 

6.1

Purpose.

 

The medium density residential (R-2) zoning district provides project design flexibility for single- and multifamily homes. The R-2 district provides opportunities to utilize nonconventional subdivision design, including single-family attached housing as well as detached single-family homes. The density assigned to the R-2 district affords opportunities to provide housing in conventional duplex, triplex, planned unit development, and other attached housing configurations.

6.2

General Plan Consistency.

 

The R-2 zone is consistent with the medium and high density residential land use classification of the General Plan.

6.3

Density and Intensity.

 

A.

Maximum residential density: 10 units per gross acre.

 

B.

Minimum Parcel Size.

 

 

1.

Single-family: 4,500 square feet per unit.

 

 

2.

Duplex: 6,000 square feet per two-unit structure.

 

 

3.

Triplex: 9,000 square feet per three-unit structure.

6.4

Site Development Standards.

 

A.

Building Setbacks.

 

 

1.

Front: 10 feet.

 

 

 

a.

Garage with garage door facing street: 20 feet.

 

 

 

b.

Garage with garage door facing interior side yard: 10 feet.

 

 

2.

Rear: 10 feet.

 

 

 

a.

Alley-access parking structure: Five feet.

 

 

3.

Side: The combined side yards shall not be less than 10 feet with a minimum side yard on one side of four feet.

 

 

 

a.

Corner lots: 10 feet on the street side.

 

 

4.

Between buildings: As required by the Uniform Building Code and Uniform Fire Code.

 

B.

Lot Design.

 

 

1.

Maximum building height: 35 feet.

 

 

2.

Lot width: 60 feet at front yard setback.

 

 

3.

Maximum lot coverage: 55 percent.

 

 

4.

Lot depth: The lot depth shall not exceed three times the width.

6.5

Permitted Uses.

 

The following uses are permitted in the R-2 district upon issuance of a building permit, business license, or other required permit:

 

A.

Single-family dwelling (attached or detached), one per each 4,500 square feet of lot area.

 

B.

Duplex, one two-unit structure per each 6,000 square feet of lot area.

 

C.

Multiple-family dwellings, one unit per each 3,000 square feet of lot area.

 

D.

Model home, including a sales office.

 

E.

Supportive housing.

 

F.

Transitional housing.

6.6

Conditional Uses.

 

The following uses are permitted in the R-2 district upon approval and validation of a conditional use permit, in addition to any other permits or licenses required for the use:

 

A.

Places of assembly or learning:

 

 

1.

Church or other place of worship or spiritual assembly.

 

 

2.

Community centers, or meeting places.

 

 

3.

Schools, public or private.

 

B.

Public and quasi-public facilities:

 

 

1.

Electrical substations.

 

 

2.

Parks, picnic areas, playgrounds, other than those approved with a project’s overall permitting.

 

C.

Senior and assisted housing.

6.7

Accessory Uses.

 

The following uses are permitted in the R-2 district as a use accessory to the primary permitted or conditional use when constructed subsequent to the primary residential use:

 

A.

Residential garage or carport.

 

B.

Swimming pool.

 

C.

Fences, walls.

 

Table 7 – High Density Residential (R-3) 

7.1

Purpose.

 

The high density residential (R-3) zoning district provides opportunities for the highest number of dwelling units on land within the City. The R-3 district helps achieve Housing Element goals for a mix of housing styles and characters aimed for a broad cross-section of the City residents. The R-3 zone is traditionally developed with apartments, townhouses, or condominiums.

7.2

General Plan Consistency.

 

The R-3 zone is consistent with the medium and high density residential land use classification of the General Plan.

7.3

Density and Intensity.

 

A.

Maximum residential density: 20 units per gross acre.

 

B.

Minimum Parcel Size.

 

 

1.

Single-family: 4,500 square feet per unit.

 

 

2.

Duplex: 6,000 square feet per two-unit structure.

 

 

3.

Triplex: 8,000 square feet per three-unit structure.

 

 

4.

Multiple-family: 2,000 square feet per unit.

 

 

5.

Nonresidential: 6,000 square feet.

7.4

Site Development Standards.

 

In the R-3 zone, the following site development standards shall apply:

 

A.

Building Setbacks.

 

 

1.

Front: 20 feet, 10 feet if alley access for parking.

 

 

2.

Rear: 10 feet, five feet for alley-access parking structure.

 

 

3.

Side: The combined side yards shall not be less than 10 feet with a minimum side yard on one side of four feet.

 

 

 

a.

Corner lots: 10 feet on the street side.

 

 

4.

Between buildings: As required by the Uniform Building Code and Uniform Fire Code.

 

B.

Lot Design.

 

 

1.

Maximum building height: 45 feet.

 

 

2.

Lot Width.

 

 

 

a.

Single-family: 45 feet.

 

 

 

b.

Duplex: 60 feet.

 

 

 

c.

Triplex: 80 feet.

 

 

 

d.

Multiple-family: 80 feet.

 

 

 

e.

Nonresidential: 60 feet.

 

 

3.

Lot depth: no requirement.

 

 

4.

Maximum lot coverage: 65 percent.

7.5

Permitted Uses.

 

The following uses are permitted in the R-3 district upon issuance of a building permit, business license, or other required permit:

 

A.

Single-family dwelling (attached or detached), one per each 4,500 square feet of gross land area.

 

B.

Duplex, one two-unit structure per 6,000 square feet of lot area.

 

C.

Triplex, one three-unit structure per 8,000 square feet of lot area.

 

D.

Multiple-family dwellings (no more than four units), one unit per each 2,000 square feet of lot area.

 

E.

Model home, including a sales office.

 

F.

Professional office not involving the use of significant amounts of hazardous substances, and not exceeding 2,500 square feet in floor area.

 

G.

Supportive housing.

 

H.

Transitional housing.

7.6

Conditional Uses.

 

The following uses are permitted in the R-3 district upon approval and validation of a conditional use permit, in addition to any other permits or licenses required for the use:

 

A.

Places of assembly or learning:

 

 

1.

Church or other place of worship or spiritual assembly.

 

 

2.

Community centers, or meeting places.

 

 

3.

Schools, public or private.

 

B.

More than four multiple-family dwelling units.

 

C.

Senior and assisted housing.

 

D.

Hospitals.

 

E.

Mobile home park or trailer park.

 

F.

Hotel, motel, lodge, club, rest home.

 

G.

Bar, restaurant, or coffee shop.

7.7

Accessory Uses.

 

The following uses are permitted in the R-3 district as a use accessory to the primary permitted or conditional use when constructed subsequent to the primary residential use:

 

A.

Residential garage or carport.

 

B.

Community facility or recreation facility for the private use of residents or property owners of the project.

 

C.

Swimming pool.

 

D.

Fences, walls.

 

E.

Signs.

 

Table 8 – Downtown Commercial (C-1) 

8.1

Purpose.

 

The downtown commercial (C-1) zoning district is intended to serve the commercial land use within the downtown of the City. The C-1 zone achieves multiple land use goals for the business community allowing the most flexibility in design and land use. Understanding that the downtown area is the most urban area in this rural community, this district allows for the most intense land use coverage.

8.2

General Plan Consistency.

 

The C-1 zone is consistent with the commercial center land use designation of the General Plan.

8.3

Density and Intensity.

 

A.

Maximum Density.

 

 

1.

Residential development: 20 dwelling units per gross acre.

 

 

2.

Commercial development: 100 percent lot coverage.

 

B.

Minimum Parcel Size.

 

 

1.

Existing: 2,500 square feet.

 

 

2.

New: 5,000 square feet.

8.4

Site Development Standards.

 

For development in the C-1 zone, the following site development standards shall apply:

 

A.

Building Setbacks.

 

 

1.

Residential uses, not part of a commercial building, as in the R-3 district.

 

 

2.

Residential uses as part of a commercial building:

 

 

 

a.

Front: No requirement.

 

 

 

b.

Rear: No requirement.

 

 

 

c.

Side: No requirement.

 

 

3.

Between buildings: As required by the Uniform Building Code and Uniform Fire Code.

 

B.

Lot Design.

 

 

1.

Maximum building height: 45 feet.

 

 

2.

Lot Width.

 

 

 

a.

Existing: No requirement.

 

 

 

b.

New: 50 feet.

 

 

3.

Lot depth: No requirement.

8.5

Permitted Uses.

 

The following uses are permitted in the C-1 district:

 

A.

A store, motel, office, bank, theater, restaurant or similar use, primarily conducted within a building, and not involving the use of significant amounts of hazardous substances, and not exceeding 10,000 square feet in floor area where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive.

 

B.

Residential uses consistent with the R-3 zone district.

 

C.

Residential uses within a commercial building.

 

D.

Outdoor sales consistent with Chapter 18.23 MSMC.

8.6

Conditional Uses.

 

The following uses are permitted in the C-1 district upon approval of a conditional use permit:

 

A.

Places of assembly or learning:

 

 

1.

Church or other place of worship or spiritual assembly.

 

 

2.

Community centers, or meeting places.

 

 

3.

Schools, public or private.

 

B.

Veterinary offices with overnight boarding and hospitalization.

 

C.

Large scale “big box” commercial uses consistent with Chapter 18.70 MSMC.

8.7

Accessory Uses.

 

The following uses are permitted in the C-1 district as a use accessory to the primary permitted or conditional use:

 

A.

Garage or carport.

 

B.

Fences, walls.

 

C.

Usual and customary accessory uses and structures associated with permitted and conditional uses.

 

D.

Signs.

 

Table 9 – General Commercial (C-2) 

9.1

Purpose.

 

The retail commercial (C-2) zoning district is intended to serve as the commercial land use district for areas outside of the downtown commercial area of the City. The C-2 zone achieves multiple land use goals for the business community.

9.2

General Plan Consistency.

 

The C-2 zone is consistent with the commercial center land use classification of the General Plan.

9.3

Density and Intensity.

 

A.

Maximum Density.

 

 

1.

Residential development: 20 dwelling units per gross acre.

 

 

2.

Commercial development: 100 percent lot coverage.

 

B.

Minimum Parcel Size.

 

 

1.

Existing: 2,000 square feet unless part of a multi-unit development.

 

 

2.

New: 10,000 square feet unless part of a multi-unit development.

9.4

Site Development Standards.

 

For development in the C-2 zone, the following site development standards shall apply:

 

A.

Building Setbacks.

 

 

1.

Residential uses, not part of a commercial building, as in the R-3 district.

 

 

2.

Residential uses part of a commercial building:

 

 

 

a.

Front: No requirement.

 

 

 

b.

Rear: No requirement.

 

 

 

c.

Side: No requirement.

 

 

3.

Between buildings: As required by the Uniform Building Code and Uniform Fire Code.

 

B.

Lot Design.

 

 

1.

Maximum building height: 45 feet.

 

 

2.

Lot Width.

 

 

 

a.

Existing: No requirement.

 

 

 

b.

New: 50 feet.

 

 

3.

Lot depth: No requirement.

9.5

Permitted Uses.

 

The following uses are permitted in the C-2 district:

 

A.

All permitted uses in the C-1 zone.

 

B.

Retail business establishments within a building, conducting the following use: automobile body and paint shops, commercial recreation, creameries, dry cleaning plants, heavy equipment sales and service, laundry, locker plants, plumbing shops.

 

C.

Land uses which conform to the purpose of the district, and which in the judgment of the Planner are consistent with the purpose of the district.

9.6

Conditional Uses.

 

The following uses are permitted in the C-2 district upon approval of a conditional use permit:

 

A.

Retail business establishments where the use is not conducted totally within a building.

 

B.

Large scale commercial uses consistent with Chapter 18.70 MSMC.

 

C.

Veterinary offices with overnight boarding and hospitalization.

 

D.

Places of assembly or learning:

 

 

1.

Church or other place of worship or spiritual assembly.

 

 

2.

Community centers, or meeting places.

 

 

3.

Schools, public or private.

9.7

Accessory Uses.

 

The following uses are permitted in the C-2 district as a use accessory to the primary permitted or conditional use:

 

A.

Residential garage or carport.

 

B.

Fences, walls.

 

C.

Usual and customary accessory uses and structures associated with permitted and conditional uses.

 

D.

Signs.

 

Table 10 – Employment Center (E-C) 

10.1

Purpose.

 

The employment center (E-C) zoning district is intended to replace the conventional “industrial” zoning districts used in older zoning regulations. Employment center land uses not only include the additional uses, but also encompass the new service industry such as an insurance claims processing center. The basic difference between a commercial use and a primary employment use is that the employment center does not require intermittent customer traffic in order to be successful. An employment center land use has traffic generated by employees during set periods of the day, possibly freight traffic in and out during the day, and occasional visitors or vendors. The employment center land use derives the major portion of its financial success from customers who are outside of the area. The E-C zone is intended to provide a great deal of flexibility in accommodating the needs of primary employment businesses and also to meet the needs of commercial businesses that do not readily fit into the performance or development standards of the C zones.

10.2

General Plan Consistency.

 

The E-C zone is consistent with the employment center land use classification of the General Plan.

10.3

Density and Intensity.

 

A.

Maximum intensity: 75 percent lot coverage.

 

B.

Minimum parcel size: No minimum requirement.

10.4

Site Development Standards.

 

In the E-C zone, the following site development standards shall apply:

 

A.

Building Setbacks.

 

 

1.

Front: No requirement.

 

 

2.

Rear: No requirement.

 

 

3.

Side: No requirement.

 

 

4.

Between buildings: As required by the Uniform Building Code and Uniform Fire Code.

 

B.

Lot Design.

 

 

1.

Maximum building height: 45 feet.

 

 

2.

Lot width, minimum: No requirement.

 

 

3.

Lot depth: No requirement.

10.5

Permitted Uses.

 

The following uses are permitted in the E-C district upon issuance of a building permit, business license, or other required permit:

 

A.

Professional and service offices, production studios not involving the use of significant amounts of hazardous substances, and not exceeding 10,000 square feet in floor area where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive.

 

B.

Manufacturing and warehouse uses not involving the use of significant amounts of hazardous substances, and not exceeding 10,000 square feet in floor area where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive.

10.6

Conditional Uses.

 

The following uses are permitted in the E-C district upon approval and validation of a conditional use permit, in addition to any other permits or licenses required for the use:

 

A.

Retail uses as an accessory to a permitted manufacturing use.

 

B.

Residential uses as an accessory to a permitted manufacturing use.

 

C.

Automobile dismantlers, water bottlers, wineries and breweries (not including micro breweries and brew pubs) and outside storage.

 

D.

Professional and service offices, production studios possibly involving the use of significant amounts of hazardous substances, and/or exceeding 10,000 square feet in floor area or where all necessary public services and facilities may not be available and/or the surrounding area is environmentally sensitive.

 

E.

Manufacturing and warehouse uses involving the use of significant amounts of hazardous substances, and/or exceeding 10,000 square feet in floor area and where all necessary public services and facilities may not be available and/or the surrounding area may be environmentally sensitive.

10.7

Accessory Uses.

 

The following uses are permitted in the E-C district as a use accessory to the primary permitted or conditional use:

 

A.

Fences, walls.

 

B.

Signs.

 

Table 11 – Planned Development (P-D) 

11.1

Purpose.

 

The purpose of the planned development (P-D) zone is to provide development flexibility for purposes of creating planned unit development, clustering, mixed use and condominium development. The planned development zone can be adopted within any zone district or General Plan designation, pursuant to approval of a planned development plan.

11.2

Permitted Uses.

 

The land uses permitted within the base zoning district are not affected by the inclusion of the parcel within the planned development district. Such uses as specified in the base zoning district are also permitted uses within the planned development district.

11.3

Conditional Uses.

 

The land uses conditionally permitted within the base zoning district are not affected by the inclusion of the parcel within the planned development district. Such uses as specified in the base zoning district are also permitted uses within the planned development district.

11.4

Subdivisions, Planned Unit Developments.

 

The planned development zone is required for all subdivisions or planned unit developments which involve individually owned or occupied parcels and include lands owned in common (common area).

11.5

Performance Standards.

 

The City Council may approve a planned development zone that deviates from the density, lot size, setback, height, and other physical limitations defined in the base district or other provisions of this code; provided, that the approving body makes the findings required in Section 11.7. Deviations from the land use regulations of the base district with which the “P-D” district is applied are permitted where they result in implementation of General Plan policies related to providing a mix of residential products within a development and/or providing small-scale neighborhood services or providing opportunities for the development of residential units that will be available for low and moderate income individuals and families on a long-term basis through the recording of affordability covenants. The density/intensity allowed by the planned development plan may not exceed the maximum density/intensity allowed by the General Plan for the development site.

11.6

Site Development Standards.

 

In the P-D combining zone, the following site development standards shall replace the applicable site development standards of the base zoning district:

 

A.

Minimum parcel size: Two acres.

 

B.

Maximum density: The requirements of the base zoning district shall apply.

 

C.

Maximum lot coverage: Per approved site plan.

 

D.

Maximum building height: The requirements of the base zoning district shall apply.

 

E.

Minimum lot width: Per approved site plan.

 

F.

Minimum lot depth: Per approved site plan.

 

G.

Building setbacks: Per approved site plan.

 

H.

Between buildings: Per approved site plan.

 

I.

Vision clearance: Per approved site plan.

 

J.

Lot coverage: Per approved site plan.

11.7

Required Findings.

 

The approving body may approve an application for a planned development plan only upon making all the following findings:

 

A.

The proposed development is consistent with the goals, objectives, policies, standards, and programs of this code and of the General Plan and any applicable specific plan, including density and intensity limitations that apply.

 

B.

The site for the proposed development is adequate in size and shape to accommodate said use and all yards, open spaces, setbacks, walls and fences, parking area, loading areas, landscape, and other features required.

 

C.

The site for the proposed development has adequate access considering the limitations of existing and planned streets and highways.

 

D.

Adequate public services exist or will be provided in accordance with the conditions of development plan approval, to serve the proposed development; and the approval of the proposed development will not result in a reduction of such public services to properties so as to be a detriment to public health, safety, or welfare.

 

E.

The proposed development, as conditioned, will not have a substantial adverse effect on surrounding property or the permitted use thereof and will be compatible with the existing and planned land use character of the surrounding area.

 

F.

The improvements required and the manner of development adequately address all natural and manmade hazards associated with the proposed development and the project site, including, but not limited to, flood, fire, and slope hazards.

 

G.

The proposed development carries out the intent of the planned development provisions by providing a more efficient use of the land and an excellence of architecture and site design greater than that which could be achieved through the application of the base district regulations.

11.8

Site Development Standards.

 

In approving a planned development plan, the approving body shall require that the use and development of the property conform with a site plan, architectural drawings, and statements submitted in support of the application or with such modifications thereof as may be deemed necessary to protect the public health, safety, or general welfare and to secure the objectives of the General Plan. The approving body may also impose such other conditions as may be deemed necessary to achieve these purposes, including, but not limited to, the following matters:

 

A.

Setbacks, yard areas, and open spaces.

 

B.

Fences, walls, and screening.

 

C.

Building materials, built-in fire protection, and architectural treatments.

 

D.

Parking, parking areas, and vehicular ingress and egress, in addition to the minimum requirements of off-street parking and loading.

 

E.

Common and private open space, landscape, and maintenance of landscape and grounds.

 

F.

Such other conditions as may be determined to ensure that development will be in accordance with the intent and purposes of this chapter and the General Plan.

 

G.

Reasonable guarantees of compliance with required conditions, such as a deed restriction or requiring the applicant to furnish security in the form of money or surety bond in the amount fixed by the City. The City may also require that proposed homeowners association documents be submitted for review and approval of the City Attorney prior to submittal to the State Department of Real Estate.

 

H.

Positioning and additions of solar power, wind power, pedestrian and bicycle transportation measures.

11.9

Final Plans.

 

A.

Final plans shall be submitted to and approved by the Planner. The final plan shall consist of a single comprehensive submittal, including all information required for the preliminary plan, corrected, updated, and detailed, including plans for grading, landscape, fencing/walls, any trail systems or open space amenities, entrance features, street lighting, architectural standards, and final building elevations. If the planned development includes a subdivision, the final map shall be included in the final plan review submittal.

 

B.

Consideration of approval by the Planner shall not require a public hearing. Appeals of the Planner’s determination shall be in accordance with Chapter 18.32 MSMC (Appeals).

 

C.

Approval of final plans by the Planner shall be required prior to issuance of a project grading permit, building permit, or recordation of a final map.

11.10

Amendments to/Deviations from the Planned Development Plan.

 

The Planner may approve minor modifications to a planned development plan if the modifications are consistent with the standards/regulations of the intent of the district. Minor modifications may not include dimensional waivers of more than 10 percent. The Planning Commission may approve other amendments to a planned development plan in accordance with the procedures set forth in Chapter 18.29 MSMC, Conditional Use Permits, and conducting a public hearing consistent with the process described in MSMC 18.30.040 (Public Notices).

11.11

Lapse of Approval – Revocation – Renewal.

 

The lapse of approval, revocation, and renewal of a planned development plan shall be governed by the procedures set forth in MSMC 18.30.070 (Modification and Revocation). If the planned development plan is revoked for any reason, the City Council may, at its discretion, initiate a rezone of the property.

 

Table 12 – Public (P) 

12.1

Purpose.

 

The P zone is intended to allow projects, activities and facilities deemed necessary for the maintenance of the public health, safety and welfare, plus such other public purposes consistent with the General Plan, including nonpublic activities permitted by governmental agencies. Public facilities include any activity undertaken or structures held, used or controlled for public or quasi-public purposes. Such determination shall be made without reference to the ownership or management of the structure or the realty upon which it is situated. For purposes of this title, public or semi-public building or use is defined as: “A building or use by a governmental agency, a public utility owned by the City, or a private organization intended to serve the general public. It includes fire stations, substations and pump stations. It does not include any land use listed elsewhere in this code, such as churches, or day nurseries.”

12.2

General Plan Consistency.

 

This zone district is consistent with the public land and parks land use designation.

12.3

Density/Intensity.

 

A.

One single-family unit per parcel for use as a parsonage, vicarage or caretaker dwelling.

 

 

1.

Minimum parcel size: None.

 

B.

Maximum coverage: 100 percent.

12.4

Site Development Standards.

 

A.

Setbacks from Adjacent Properties.

 

 

1.

Front: (when adjacent to)

 

 

 

a.

Commercial uses: None.

 

 

 

b.

Residential uses: 20 feet.

 

 

2.

Rear: (when adjacent to)

 

 

 

a.

Commercial uses: None.

 

 

 

b.

Residential uses: 10 feet.

 

 

3.

Side: (when adjacent to)

 

 

 

a.

Commercial uses: None.

 

 

 

b.

Residential uses: Residential uses as specified in R-1 zone district.

 

B.

Building.

 

 

1.

Height: 30 feet.

 

 

2.

Distance between buildings: As required by California Building Code.

 

C.

Lot Dimensions.

 

 

1.

Width.

 

 

 

a.

New parcels: 50 feet.

 

 

 

b.

Existing parcels: None.

 

 

2.

Depth.

 

 

 

a.

New parcels: 90 feet.

 

 

 

b.

Existing parcels: None.

 

D.

Parking: See parking ordinance.

12.5

Landscaping.

 

For structures and facilities at least five percent of the area covered by the structure or facility shall be landscaped.

12.6

Permitted Uses.

 

Permitted uses in the P district upon issuance of a building permit, business license, or other required permit include but are not limited to:

 

A.

Parks, picnic areas and playgrounds.

 

B.

Public parking lots and structures, public restrooms.

 

C.

Community promotions, chamber of commerce and similar public service structures.

 

D.

Public utilities, wells, and storm drainage basins.

 

E.

Recreational activities, sporting fields and structures such as: swimming pools, skating rinks, gymnasiums, tennis and handball courts.

 

F.

City Hall, public safety facilities, public services, and libraries.

12.7

Accessory Uses.

 

The following uses are permitted in the P zone district as an accessory to the primary permitted or conditionally permitted use:

 

A.

Garage or carport.

 

B.

Fences, walls.

 

C.

Maintenance buildings.

12.8

Conditional Uses.

 

The following uses are permitted in the P zone district upon approval and validation of a conditional use permit, in addition to any other permits or licenses required for the use:

 

A.

Water and wastewater treatment facilities.

 

B.

Regional-serving private complexes such as softball, soccer, football and baseball tournament parks.

 

C.

Golf courses, driving ranges.

 

D.

Hospitals.

 

E.

Federal, State, County, or municipal offices or facilities.

 

F.

Public and private schools including vocational schools, colleges and campuses.

 

Table 13 – Open Space (OS) 

13.1

Purpose.

 

The purpose of the OS combining zone is to designate environmentally sensitive areas and dedicated open space areas for protection of natural resources and the public health, safety, and welfare. The OS combining zone is intended for areas subject to potential flooding, sensitive archaeological areas, environmental habitats, or areas where future construction or subdivision may have a significant effect on the environment. The OS combining zone may be applied to all or a portion of a parcel of land.

13.2

Applicability.

 

The OS combining zone is used to delineate parcels or the minimum portion of parcels necessary to be precluded from development of permanent structures, including:

 

A.

Areas identified by agreement between the property owner and the Army Corps of Engineers, California Department of Fish and Game and/or the City for wetland protection.

 

B.

Parcels voluntarily dedicated to a public or nonprofit entity by the property owner for purposes of an open space easement.

 

C.

Lands identified by an archaeologist and for which the City findings have included a condition of project approval that limits or restricts development over a unique archaeological resource.

 

D.

Lands identified as being within a 100-year storm event floodplain for which remediation or mitigation are not feasible.

13.3

Permitted Uses.

 

The OS combining zone is used to designate lands on which development shall not occur. The only permitted uses are those consistent with the reason for the OS zone being placed on the land and those not requiring any structures. No land use permitted in the base zoning district shall be permitted in the OS combining district unless consistent with the reason for the OS zone.

13.4

Conditional Uses.

 

The OS combining zone is used to designate lands on which development shall not occur. The only conditionally permitted uses are those consistent with the reason for the OS zone being placed on the land and those not requiring any structures such as trails, hiking and day use. No land use permitted in the base zoning district shall be permitted in the OS combining district unless consistent with the reason for the OS zone.

13.5

Temporary Uses.

 

Temporary uses within the OS combining zone are subject to approval of an administrative permit pursuant to MSMC 18.20.080, even if the use is not listed in that section.

13.6

Accessory Uses.

 

Accessory uses within the OS combining zone are subject to approval of an administrative permit pursuant to MSMC 18.20.080, even if the use is not listed in that section.

13.7

Performance Standards.

 

The following performance standards shall be applicable in the OS combining zone, and only for that portion of any parcel that is included in the OS zone:

 

A.

Archaeological or historic areas:

 

 

1.

Native American burial grounds. At the option of the responsible tribal council, and with the concurrence of the City Council, an easement of protective rights may be dedicated to the tribal council.

 

 

2.

Pioneer cemeteries. Protective easements, as may be required by State law, or at the option of the City Council may be dedicated to the City or other responsible entity.

 

 

3.

Prehistoric artifacts. Access to the subject area may be required at the option of the Planning Commission for the responsible State archaeological clearinghouse for purposes of excavation, catalogue preparation, and disturbance protection.

 

B.

Significant botanical areas. An open space easement or other similar mechanism shall be encouraged to preserve or protect significant botanical areas.

 

C.

Significant wildlife area. An open space easement or other similar mechanism shall be encouraged to preserve critical habitat areas.

 

D.

Fisheries areas. No grading shall be permitted without approval of an erosion control plan to ensure that sedimentation and erosion does not impact riparian habitats or cause disturbance to stream courses and channels.

 

E.

Dam inundation, or areas subject to 100-year flooding:

 

 

1.

Construction within a floodplain is acceptable only if there are no other building sites located on the subject property, and if such construction is found by the Planning Commission to be in the interest of the public health, safety, and welfare.

 

 

2.

Septic systems shall be located outside of the area subject to inundation per the requirements of the County Health Department.

(Ord. CCO-11-05 §§ 61 – 67, 2011; Ord. CCO-10-03 § 5, 2010; Ord. CCO-09-07, 2009; Ord. CCO-09-02, 2009; Ord. CCO-01-02, 2001; Ord. 448, 1989; Ord. 432, 1987; Ord. 258 § 4.2, 1967)

18.16.030 Auto sales and service.

(A) Auto sales and service shall be allowable as a conditional use in all districts, save and except residential districts subject to the granting of a use permit as provided in Chapter 18.29 MSMC.

(B) Auto sales and service are, by nature, necessarily different from normal commercial activities, and special consideration of whether they should be allowed contiguous to other commercial uses is warranted. Such consideration shall include, but is not limited to, lighting time and intensity, landscaping, display layout, visibility to surrounding uses and outdoor storage area specifications.

(C) As a means of creating a better overall community, each application shall be considered on an individual basis as it relates to such items as size, location and design.

(D) Parking shall be consistent with the intent of the requirements of the underlying zoning district for other commercial uses. (Ord. CCO-11-05 § 68, 2011; Ord. 448, 1989)

18.16.040 Short-term rentals prohibited in R-1 zone.

Short-term rentals, as defined in MSMC 18.08.765, are prohibited in the R-1 zoning district, and any property owner and any rental agent who shall enter into an agreement with, or otherwise allow, any person to occupy premises within those districts in violation of this section shall be deemed to have violated this prohibition each day that such short-term rental occupancy is in existence, and shall be subject to punishment as provided in Chapter 1.03 MSMC for each such day. (Ord. CCO-97-02, 1997)

18.16.050 Transient occupancy tax – Business licenses.

(A) Any short-term rental, whether allowed or prohibited under this chapter or any other provision of this code, shall be subjected to the transient occupancy tax required under Chapter 3.12 MSMC; provided, however, that demand or acceptance by the City of such tax payments shall in no event be deemed to be an approval thereof.

(B) The operation of any lawful short-term rental shall be deemed to be a “business” under MSMC 5.08.010, and shall therefore require a City business license under MSMC 5.12.010. (Ord. CCO-97-02, 1997)

18.16.060 Official zoning map.

The City Planner shall be responsible for maintaining the official zoning maps of all parcels in the City of Mt. Shasta for public review and information. Copies of zoning maps may be made available to the public upon request with payment covering the cost of reproduction and the time to prepare the copies. (Ord. CCO-09-02, 2009)

18.16.070 Uncertainties of zone boundaries.

Where any uncertainties exist as to the boundaries of any district as shown on the zoning map, the following rules shall apply:

(A) Where boundaries are indicated as following streets, alleys or other rights-of-way, the centerlines of such streets, alleys or rights-of-way shall be construed to be such boundaries.

(B) Where boundaries are indicated as approximately following parcel lines, such parcel lines shall be construed to be such boundaries.

(C) In unsubdivided property or where a district boundary divides a parcel, the location of such boundary, unless the same is indicated by dimensions on the zoning map, shall be determined by using the scale appearing on the map.

(D) In the event further uncertainty exists, the Commission, upon written application or upon its own motion, shall determine the exact location of such boundary. (Ord. CCO-09-02, 2009)