Chapter 18.20


18.20.010    Ensuring General Plan implementation.

18.20.020    Exception to height requirements.

18.20.030    Access requirements.

18.20.040    Building sites that are steeply sloping.

18.20.050    Fences, walls, hedges and screen plantings.

18.20.060    Yards. Amended Ord. CCO-21-01

18.20.070    Public utility lines.

18.20.080    Administrative permits.

18.20.090    Ministorage and warehousing development standards.

18.20.100    Storage of boats, utility trailers, travel trailers, and recreational vehicles.

18.20.110    Improvement security.

18.20.120    Density bonus.

18.20.130    Household pets.

18.20.140    Large animals.

18.20.150    Similar uses determination.

18.20.160    Accessory buildings.

18.20.170    Swimming pools.

18.20.010 Ensuring General Plan implementation.

(A) All permits and approvals issued by the City (including subdivision approvals, building permits, business licenses, permits for temporary uses, conditional use permits, and design permits) must be consistent with the goals, policies, and implementing measures of the General Plan.

(B) All buildings or structures shall be constructed, enlarged, or otherwise be altered only for uses of that building or structure that are permitted in the zone in which the land is located.

(C) All land uses, either temporary or permanent, shall be commenced only for land uses that are permitted in the zone in which the land is located.

(D) A legally existing building, structure, or land use may be expanded or enlarged in conformance with the policies of the General Plan and the standards of this code. (Ord. CCO-09-02, 2009)

18.20.020 Exception to height requirements.

(A) Chimneys, silos, cupolas, flag poles, monuments, gas storage holders, radio and other towers, water tanks, church steeples and similar structures and appurtenances may be permitted to exceed the height limit for the district in which such are to be located upon securing a conditional use permit.

(B) In any residential (R) district where a conditional use permit is secured for an increased height limit, all setbacks shall be increased by one foot for each one foot by which the building exceeds the height limit. (Ord. CCO-09-02, 2009; Ord. 258 §§ 5.301, 5.302, 1967)

18.20.030 Access requirements.

To ensure that people and commerce are able to safely enter and access all lands within the City of Mt. Shasta, all new parcels and land uses shall have access, meeting City standards, from a publicly maintained street or new residential uses may derive access from a privately maintained road meeting the standards of this code. (Ord. CCO-09-02, 2009)

18.20.040 Building sites that are steeply sloping.

Building sites with an average slope in excess of 30 percent are subject to the following development standards:

(A) The maximum density for new parcels shall be one dwelling unit per two and one-half acres of gross land area.

(B) The surface of any on-site access shall be an all-weather surface on any slopes over 30 percent. “All-weather surface” generally means an access paved with asphalt, concrete or other impervious surface or similar functional surface.

(C) The City Building Official may require submittal of a slope stability study, grading plans and/or a drainage study prepared by an engineer licensed in the State of California to perform such studies. The engineer’s report shall indicate whether the slope is of suitable stability for the proposed improvements, or identify any requirements that must be completed to ensure a stable slope.

(D) The City may retain the services of a qualified structural or civil engineer to review the submitted plans, if necessary. The costs of this review shall be paid by the applicant. (Ord. CCO-09-02, 2009)

18.20.050 Fences, walls, hedges and screen plantings.

Fences, hedges and walls may be erected in any district subject to the following conditions:

(A) Interior Lots. In any residential (R) district a fence, wall, hedge or screen planting may be constructed or grown not to exceed six feet in height along the rear and side property lines to the rear of the front yard building setback line. Decorative lattice may be used for privacy atop the six-foot fence, not to exceed eight feet in total height.

(B) A fence, wall, hedge or screen planting may be constructed or grown not to exceed four feet in height along the property line to the front of the building setback line (dwelling).

(C) Corner Lots. No fence, wall, hedge or planting, other than trees, shall be constructed or grown to exceed four feet in height within 25 feet of the street intersection of any corner lot. Trees located within the sight distance area shall be trimmed free of branches for eight feet within the sight distance area.

(D) Architectural features such as cornices, eaves, canopies and fireplaces may not extend closer than three feet to a side lot line. (Ord. CCO-09-02, 2009; Ord. 258 § 5.401, 1967)

18.20.060 Yards. Amended Ord. CCO-21-01

(A) Plan Line. Whenever an official plan line has been established for any street, required setbacks shall be measured from such line. In no case shall the provisions of this title be construed as permitting any encroachment upon said plan line.

(B) Architectural Features.

(1) Cornices, eaves, fireplaces not more than six feet in breadth, and canopies may not extend closer than three feet to any interior side lot line, or two feet into any exterior side lot line yard.

(2) Eaves and canopies may extend a maximum of three feet into the required front or rear yard.

(3) Open, uncovered porches, decks, landing places or outside stairways may project not closer than three feet to any interior lot line, two feet into any exterior side lot line yard, or six feet into any required rear yard.

(C) Front.

(1) In residential (R) districts, when included in four or more lots in a block that has been improved with residential buildings at the time of the passage of the ordinance codified in this title, the Planner may reduce the minimum required front setback to a distance equal to the average of the improved lots.

(2) In any residential (R) district, where a dwelling unit is located so that the main entrance is located facing an exterior side lot line, the required setback from the front lot line shall be not less than 10 feet.

(D) Side. The exterior yards on the rear 30 feet of a corner lot where there is a reversed frontage shall not be less than the front yard required or existing on the adjacent reversed frontage.

(E) Width. In residential (R) districts, when a parcel which was legally created under the terms of the zoning or subdivision ordinances then existing, the width of interior side yards may be reduced to 10 percent of the width of the parcel, but in no case shall be less than three feet. (Ord. CCO-09-02, 2009; Ord. 258 §§ 5.501, 5.502, 5.504, 5.505, 5.507, 5.508, 1967)

18.20.070 Public utility lines.

(A) Public utility lines, including and not limited to electrical power, natural gas, telecommunications, cable television, water, or sewer, are permitted outright in all zoning districts. This development privilege is limited to connections between utility lines and individual parcels or projects. Electric transmission lines of more than 69 kilovolts (KV) are not included in this section.

(B) Placement of underground utility lines shall be required as follows:

(1) In all single-family residential development all utility lines shall be located below ground.

(2) All multiple-family residential development, including duplexes, and all commercial and employment center development shall locate on-site utilities below ground.

(3) Certain industries which require high voltage lines of 69 kilovolts (KV) or more that are not practical for safety and economic reasons to locate below ground may be above ground upon approval by the City. (Ord. CCO-11-05 § 69, 2011; Ord. CCO-09-02, 2009)

18.20.080 Administrative permits.

The purpose of an administrative permit is to provide a prompt and fair process for activities of short duration that may need some conditions of approval in order to protect the public health, safety, and welfare, or to avoid potentially significant environmental effects. Administrative permits are to provide a notification to City departments and local agencies that may be impacted by the activities. Whenever the provisions of this code call for the issuance of an administrative permit or for the following uses, the provisions of this section shall apply:

(A) The following uses require an administrative permit:

(1) Temporary event sales stands for retail or direct-to-customer sales of seasonal, arts, or crafts items: This category includes, and is not limited to, for-profit Christmas tree sales, souvenir and seasonal holiday items such as flags for the Fourth of July or other holiday-oriented products, vehicle-side arts and crafts, and event booths for which an administrative or other use permit was not issued for the main event. The requirement for an administrative permit only applies when the activity will not take place within a permanent structure.

(2) Filming of television, commercials, or movies.

(3) Direction signs and temporary directional signs, consistent with the sign regulations.

(4) Lot line adjustments.

(B) Application Procedure. The proponent shall submit an application on a City form to the Planning Department at least 30 days prior to the event. The application shall contain appropriate information about the sponsor and how to contact the applicant. The City Planner may require a simple site plan and/or any other information deemed appropriate for the administrative permit. Any required fees are required to be submitted with the application for it to be found to be a “complete application.”

(C) Application Review. The City Planner, or his or her designee, will complete review of the application within five working days of its being submitted.

(D) Determination. At not more than 20 days after receipt of an application, the City Planner shall approve, conditionally approve, or deny the application for an administrative permit. Formal notification shall be in writing, and shall state the reasons for the action. Placing the written determination in the United States mail with postage prepaid shall constitute notification.

(E) Extent of Conditions. The City Planner may impose conditions necessary to protect the public health, safety, and welfare, or needed to avoid any potentially significant environmental impacts.

(F) Appeal. The proponent or any aggrieved party may appeal a decision of the City Planner to the Planning Commission pursuant to the appeal requirements in Chapter 18.32 MSMC. (Ord. CCO-09-02, 2009)

18.20.090 Ministorage and warehousing development standards.

(A) All ministorage and warehouse development shall have paved access roads and driveways.

(B) No ministorage or warehouse structure shall be converted to any other use unless the unit conforms to the occupancy requirements of the Uniform Building Code for the class of use proposed and to the provisions of the Mt. Shasta General Plan and this code. A permit is required for conversion of ministorage or warehousing structures. The permit is to provide for review of the proposed conversion for conformance with parking, traffic access, landscaping, and other site development standards. (Ord. CCO-09-02, 2009)

18.20.100 Storage of boats, utility trailers, travel trailers, and recreational vehicles.

(A) Exemptions. Pickups, light trucks and small recreational vehicles, 10,000 pounds gross weight or less and not exceeding 20 feet in length, seven and one-half feet in height, or seven and one-half feet in width, with or without a mounted camper unit, which is primarily used by the property owner for transportation purposes, are exempt from this section.

(B) Recreational vehicles are defined in MSMC 18.08.730 and, for this section, also include truck campers removed from truck or pickup, horse trailers, boat trailers with or without boats, and utility trailers.

(1) Vehicles shall not intrude into public rights-of-way or obstruct sight visibility from adjacent driveways.

(2) Vehicles shall not be parked in the front building setbacks unless there is no reasonable access to the building side or rear yards.

(3) Vehicles shall be maintained in a clean, well-kept state which does not detract from the appearance of the surrounding area.

(C) At no time shall parked or stored vehicles be occupied or used as a permanent or temporary dwelling unit except that guests may reside in a recreational vehicle on the host’s premises on a temporary basis not to exceed 14 consecutive days in a 60-day period. (Ord. CCO-09-02, 2009)

18.20.110 Improvement security.

Permits are sometimes issued with requirements for improvements to be completed by the permit holder. If a permit issued pursuant to this code requires that physical improvements be completed as a condition of use or occupancy, the City Public Works Director or City Planner may find that improvement security may be posted with the City.

(A) The following types of improvements may be satisfied as approved conditions of project approval when improvement security is posted:

(1) Landscaping, if the project is ready for occupancy, use, or final inspection between August 1st and May 1st. Paving requirements for parking lots between October 15th and March 15th or if inclement weather prevents proper site paving.

(2) Paving. Requirements for paving of streets are not included within the provisions of this section. The provisions of the applicable streets and highways code or other City regulations apply.

(B) The following instruments are acceptable as improvement security pursuant to this section:

(1) Legal tender: cash, certified check, or money order made payable to the City of Mt. Shasta;

(2) Certificate of deposit made payable to the City of Mt. Shasta.

(C) To determine the amount of improvement security required, the following procedures shall be used to assist in determining that amount. The City shall review the bids submitted by the contractor:

(1) For landscaping, the permit holder shall obtain a bid from a certified California nursery person, a landscape architect, or a landscape contractor. The bid shall indicate the amount for materials and labor.

(2) For parking areas, the permit holder shall obtain a bid from a contractor licensed to perform paving work in California. The bids shall indicate the amount for materials and labor, including striping, signage, and marking the parking area.

(D) The City shall determine the amount of the security. To ensure that there are adequate funds in place to cover the cost of the City initiating the improvements covered by the security, the City shall require legal tender or a certificate of deposit not less than 125 percent of the amount of the bid.

(E) If the permit holder has not initiated action to complete improvements prior to 30 days before the expiration date of the security instrument, the City may notify the guarantor of the security that the City intends to seize the security. Copies of any notices shall be sent to the permit holder as well. If the maturity is reached and the improvements are not completed, the City shall hold a public hearing to determine whether to seize the security and contract with a business licensed in California to undertake the work. As an alternative, the City may halt the use of occupancy of the land use.

(F) If the Planning Commission or City Council finds that there are extenuating circumstances beyond the permit holder’s control that resulted in the failure to comply with completing improvements by the maturity date, the body that approved the original permit may extend the maturity date for one term of extension of not more than six calendar months. The bid shall be renewed through the procedures of this section, and the body approving the extension shall require that the security instrument be increased if needed and its maturity extended. (Ord. CCO-11-05 § 70, 2011; Ord. CCO-09-02, 2009)

18.20.120 Density bonus.

Pursuant to the provisions of the Housing Element of the General Plan, applicable projects may qualify for a density bonus to encourage the development of affordable housing. The procedures for compliance with the density bonus law are set forth in Cal. Gov’t Code § 65915. The Planning Commission may impose conditions on the project as would be considered with any similar project. (Ord. CCO-09-02, 2009)

18.20.130 Household pets.

Household pets are permitted in all residential zoning districts where residences are permitted. Household pets include, but are not limited to, dogs, cats, pot-bellied pigs, rabbits, fish, gerbils, hamsters, parakeets, parrots, and cockatiels, provided they are not raised for commercial purposes. The keeping of all household pets provided for in this section shall conform to all other provisions of law governing the same. (Ord. CCO-09-02, 2009)

18.20.140 Large animals.

Large animals are allowed on property of one acre or more in any land use district, provided a conditional use permit is obtained. (Ord. CCO-09-02, 2009)

18.20.150 Similar uses determination.

(A) The Director may determine that a proposed use not listed in this code is allowable for the purpose of accepting a land use permit application for processing, and the review authority may approve an application for an unlisted use, if all of the following findings are made:

(1) The characteristics of, and activities associated with, the proposed use are similar to those of one or more of the uses listed in the zoning district as allowable, and will not involve a higher level of activity or population density than the uses listed in the district;

(2) The proposed use will meet the purpose and intent of the zoning district that is applied to the site; and

(3) The proposed use will be consistent with the goals, objectives and policies of the General Plan and any specific plan.

(B) When the City determines that a proposed, but unlisted, use is similar to a listed use, the proposed use will be treated in the same manner as the listed use in determining where it is allowed, what permits are required and what other standards and requirements of this Land Development Code apply.

(C) Commission Determination. The Director may forward questions about similar uses directly to the Commission for a determination at a public meeting. (Ord. CCO-09-02, 2009)

18.20.160 Accessory buildings.

(A) Accessory buildings shall not be constructed prior to the construction of the main building.

(B) Unless attached, an accessory building in an “R” district shall be located outside of the front yard setback and side yard setback adjacent to the main structure.

(C) Accessory buildings shall be limited to 15 feet in height except that a conditional use permit may be requested to exceed 15 feet, but shall in all instances be equal to or less than the height of the main structure, or the maximum height of the zone district, whichever is less. The Planning Commission must make the following findings to approve an accessory building in excess of 15 feet:

(1) That the requested height or distance and use of the accessory building is compatible with the adjacent properties and does not interfere with the privacy, air, light, and enjoyment of the property in the vicinity.

(2) That the accessory building is architecturally compatible with the main building and represents a consistence of building type on the property or in the neighborhood. (Ord. CCO-09-02, 2009; Ord. 401, 1982; Ord. 361, 1978; Ord. 329, 1975; Ord. 258 §§ 5.601, 5.602, 1967)

18.20.170 Swimming pools.

(A) Any swimming pool or other out-of-doors-only body of water designed, constructed or used for swimming, dipping or immersion purposes by men, women or children, having any depth in excess of 18 inches, or with a surface area exceeding 250 square feet, shall maintain on the lot or premises upon which such pool or body of water is located and completely surrounding such pool or body of water a fence or wall not less than six feet in height without openings, holes or gaps therein, except for doors or gates; provided, that a dwelling house or accessory building may be used as a part of the enclosure.

(B) All gates or doors through the enclosure required in subsection (A) of this section shall be equipped with self-closing and self-latching devices designed to keep, and capable of keeping, such a door or gate securely closed at all times when not actually in use.

(C) Where a dwelling or accessory structure forms any part of the enclosure required in subsection (A) of this section, the doors of such dwelling need not be so equipped. (Ord. CCO-09-02, 2009; Ord. 258 §§ 5.701, 5.702, 1967)