Jan 14, 2010 - the promotion and protection of the public health, safety, peace, morals, ..... DWELLING UNIT shall mean one or more habitable rooms with ...
YUBA COUNTY ZONING ORDINANCE Title XII of the Yuba County Code
Throughout this document * denotes cross references helpful in using the ordinance
TITLE XII ZONING CHAPTERS 12.01 General Provisions 12.05 Definitions 12.10 Administration, Amendment and Enforcement 12.15 Establishment of Zones, Maps and Boundaries 12.16 Second Dwelling Units 12.18 Combining Zones, “-UP” 12.20 "AE" Exclusive Agricultural Zone 12.25 "A/RR" Agricultural/Rural Residential Zone 12.30 "RRE" Rural Residential Estate Zone 12.35 "R-1" Single Family Residential Zone 12.40 "R-2" Medium Density Residential Zone; "R-3" High Density Residential Zone 12.42 "NC" Neighborhood Commercial 12.43 "RC" Rural Commercial Zone 12.45 "C" General Commercial Zone 12.50 "M-1" General Industrial Zone 12.55 "M-2" Extractive Industrial Zone 12.56 "M-3" Light Industrial Zone 12.58 Smartville/Timbuctoo Community Boundary (STCB) 12.60 "RZ" Recreational Zone 12.62 "RPZ" Resource Preserve Zone 12.65 "TPZ" Timberland Preserve 12.70 "FP-1" Flood Plain Zoning 12.72 “PF” Public Facilities Zone 12.75 "AP" Airport Zone 12.80 "PUD" Planned Unit Development 12.82 "SP-1" Specific Plan-East Linda 12.83 “SE” Sports/Entertainment Zone 12.84 “I/C” Industrial/Commercial Zone 12.85 Off-Street Parking and Loading Facilities 12.87 Landscaping 12.88 Water Efficient Landscapes 12.90 Sign Regulations 12.95 Home Occupations 12.100 Planned Mobilehome Parks 12.105 Temporary Uses 12.110 Planning Reserve Zone (PR) 12.115 Beale Air Force Base Zone "BAFB" 12.120 Child Care Facilities 12.125 “BAPZ” Brownsville Airport Zone 12.130 Density Bonus Incentive Program
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CHAPTER 12.01 GENERAL PROVISIONS Sections 12.01.010 Adoption of Zoning Ordinance 12.01.020 Purpose of Zoning Ordinance 12.01.030 Components of the Zoning Ordinance 12.01.040 Ambiguity 12.01.050 Permitted Uses Only 12.01.060 Lot Area 12.01.070 Height Limits 12.01.080 Use of Nonconforming Site 12.01.090 Administration ______________________________ 12.01.010 Adoption of Zoning Ordinance. There is hereby adopted a zoning ordinance for the County of Yuba, State of California, said ordinance being a precise and detailed plan for the use of land of said County. (#906) 12.01.020 Purpose of Zoning Ordinance. The Yuba County Zoning Ordinance is adopted to provide for the promotion and protection of the public health, safety, peace, morals, comfort, convenience, and general welfare; and, (a) To foster a workable relationship among land uses. (b) To ensure that public and private lands ultimately are used for purposes which are appropriate and most beneficial for the County. (c) To prevent excessive population densities within one area. (d) To protect the character and the social and economic stability of agricultural, residential, commercial, industrial, recreational, and other areas within the County, and (e) To implement the goals, policies and map of the General Plan. (#906) 12.01.030 Components of the Zoning Ordinance. The zoning ordinance shall consist of a zoning map and various districts within the unincorporated areas of the County and it will regulate land uses, restrict population densities, specify uses and locations of structures, determine areas and dimensions of sites, provide for off-street parking and loading facilities, and other standards. (#906) 12.01.040. Ambiguity. If ambiguity arises concerning the appropriate classification of a particular use within the meaning and intent of this Ordinance, or if ambiguity exists with respect to matters of height, yard requirements, area requirements or zone boundaries, as set forth herein and as they pertain to unforeseen circumstances, it shall be the duty of the Planning Commission to ascertain all pertinent facts and by formal resolution set forth its findings and its interpretation, and such resolution shall be forwarded to the Board of Supervisors, and, unless altered by the Board of Supervisors, thereafter such interpretation shall govern. (#906) 01/14/10
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12.01.050 Permitted Uses Only. No structure or part thereof shall be erected, altered, or enlarged nor shall any site or structure be used, designated or intended for use other than the uses hereinafter listed as permitted or conditional in the zone in which such structure, land or premises is located. Such use shall not be caused or allowed by the property owner or by any person or persons utilizing the property with or without the permission of the property owner. (#906 as amended by #971) 12.01.060 Lot Area. No subdivision or parcel map shall be approved unless each parcel resulting there from meets the minimum lot area established for the zone, except that parcels created by parcel map may be established below the minimum lot area where the Community Development and Services Agency’s Planning Department finds that they meet the basic intent of the zone. In no case shall said lot area exceptions grant a special privilege nor exceed 5% of the minimum lot area required in the zone. (#906 as amended by #1130, #1405) 12.01.070 Height Limits. No structure shall be erected, reconstructed or structurally altered to exceed the height limit herein established for the zone in which such building is located. (#906) 12.01.080 Use of Nonconforming Site. Except as otherwise provided in this Chapter, a lot having an area, frontage, width or depth less than the minimum prescribed for the zone in which the lot is located, as depicted on a duly approved and recorded subdivision map or any legal lot as defined by Government Code §66412 prior to the adoption of this Chapter, may be used for any permitted use, but shall be subject to all other standards for the "zone" in which the lot is located. (#906) 12.01.090 Administration. All departments, officials, or public employees vested with the duty or authority to issue permits or licenses shall conform to the provisions of this Ordinance. Any such permit or license which is issued in conflict with the provision of this Ordinance shall be null and void. (#906)
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CHAPTER 12.05 DEFINITIONS Sections 12.05.010 General 12.05.020 Definitions 12.05.010 General. For the purposes of this Ordinance, certain terms or words used herein shall be interpreted as follows, unless the context clearly shows another meaning is intended. a. The word person includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual. b. The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular. c. The word shall is mandatory, the word may is permissive. d. The words used or occupied include the words intended, designed, or arranged to be used or occupied. e. The word lot includes the words plot, site, or parcel. f. The masculine includes the feminine. (#906 as amended by #1422) 12.05.020 Definitions. All terms used in this Ordinance shall have the following definitions unless a contrary meaning is clearly shown: 1.
ACCESSORY BUILDING shall mean a building, part of a building, or structure which is detached from the main building and the use of which is incidental to that of the main building or use on the same lot.
2.
ACCESSORY USE shall mean a use incidental, related, appropriate, and clearly subordinate to the main use of the lot or building, which accessory use does not alter the principal use of the subject lot or affect other properties in the zone.
3.
AIRPORT shall mean any area which is used or is intended to be used for the takeoff and landing of aircraft, including helicopters, and any appurtenant areas which are used or intended to be used for airport building or facilities, including open spaces, taxiways and tie-down areas, hangars, and other necessary buildings and open spaces.
4.
ALLEY shall mean any public thoroughfare, having a width of not more than 30 feet, which affords only a secondary means of access to abutting property.
5.
ANIMAL HOSPITAL shall mean a place where animals or pet receive medical or surgical treatment. Use as a kennel shall be limited to short time boarding and shall be only incidental to such hospital care.
6.
APARTMENT shall mean any building, or portion thereof, which is designed and built as the residence of three or more families living independently of each other and containing kitchen
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facilities in each dwelling unit. 7.
AQUICULTURE means the cultivation of natural products or water.
8.
AREA OF LOT shall mean the total horizontal area included within ownership lines, but excluding any area contained within a dedicated street right-of-way, or area offered for dedication for parcels of less than 1.9 acres; and including such area for parcels of 1.9 acres or greater.
9.
AUTOMOBILE DISMANTLING shall mean the taking apart, stripping, or wrecking of motor vehicles or trailers for scrap or for used parts to be sold either at retail or wholesale or to be used as replacements in other motor vehicles or trailers not limited to the same kind of vehicle or trailer from which the parts were obtained.
10. AUTOMOBILE REPAIR shall mean general repair, rebuilding, recondition of engines, motor vehicles or trailers; collision service, including body, frame, or fender repair; overall painting. 11. AUTOMOBILE SERVICE STATIONS shall mean a lot or portion of a lot used for the servicing of motor vehicles, sale of fuel and lubricants, car washing and polishing, engine repair or rebuilding, and sale and service of tires and accessories. It shall not include tire recapping, battery rebuilding, painting and body repair, or the storage or repair of any wrecked or dismantled vehicle, or parts thereof. 12. AUTOMOBILE WRECKING YARD shall mean a site or portion of a site on which the dismantling or wrecking of used vehicles, whether self-propelled or not, or the storage, or sale of dismantled or wrecked vehicles or their parts is conducted. The presence on a site of two or more motor vehicles which have not been capable of operating under their own power for 30 days or more, or in the case of vehicles not self-propelled, which have not been towable or from which parts have been removed for re-use or sale, shall constitute prima facie evidence of an automobile wrecking yard. 13. BOARDING OR ROOMING HOUSE shall mean a building containing a single dwelling unit occupied by not more than six (6) unrelated persons not including members of the principal occupant’s immediate family, where loading is provided with or without meals for compensation. Nursing homes and rest homes are not included. 14. BUILDING shall mean a permanently located structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals, or property. 15. BUILDING COVERAGE shall mean the total area expressed as a percentage of a lot occupied by a building or buildings. 16. BUILDING, ENCLOSED, shall mean a building whose occupants, animals or property cannot be visually exposed to any person ff the premises except by the customary use of doors, windows, or balconies. 17. BUILDING HEIGHT shall mean the vertical distance measured from the average level of the highest and lowest point of that portion of the lot covered by the building to a point midway between the highest and lowest point on the roof provided that the chimneys, spires, towers, tanks and similar projections shall not be included in the height. 18. BUILDING, MAIN, shall mean a building or buildings within which is conducted the principal 01/14/10
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use permitted on the lot, as provided by this Ordinance. 19. BUILDING SITE, shall mean a recorded lot or parcel of land occupied or to be occupied by a main building and its accessory buildings, or by dwelling group and its accessory buildings, together with such open spaces as are required by this Ordinance. A building site shall not included easements or roadways for ingress or egress to any parcels of land. 20. CAMPGROUND shall mean land or premises which are used or intended to be used for occupancy by campers, including camping by tent, recreational vehicle, for seasonal hunting, fishing, recreational, or vacation purposes. 21. CARETAKER shall be an individual or family who maintains a separate, removable residence on a property for the express purpose of overseeing and/or maintaining the property and its improvements in the owner’s absence, or who attends to the needs of a child or dependent adult. 22. CARPORT shall mean a permanent roofed structure not less than ten (10) feet by twenty (20) feet open on two or more sides for the storage of automobiles. 23. CHURCH shall mean a nonprofit organization, as determined by the Internal Revenue Service, which uses buildings for the teaching or practice of religious doctrine and worship. 24. CLINIC, DENTAL, OR MEDICAL, shall mean a building in which a group of physicians and/or dentists and allied professional assistants are associated for the purposes of carrying on their professions. The clinic may include a dental or medical laboratory but it shall not include (a) inpatient care or operating rooms for major surgery, and (b) offices for veterinarians. 25. CLOTHES CLEANING AND DYEING PLANT shall mean a plant wherein clothing and other fabrics are cleaned and dyed and where volatile materials are used in the process. Said use is here defined as industrial. 26. CLOTHES CLEANING ESTABLISHMENT shall mean a commercial use wherein clothes cleaning is incidental to a laundry pickup establishment, launderette, or a coin operated dry cleaning service, and where nonvolatile materials are used in the process. 27. CLUB shall mean an association of persons (whether or not incorporated) for a common purpose, but not including groups organized solely or primarily to render a service carried on as a business for profit. 28. CLUSTER DEVELOPMENT shall mean three or more attached buildings located on a parcel of land and having common open space areas. 29. COIN OPERATED CLEANING SERVICE shall mean a business premises equipped with individual clothes washing and drying machines either coin operated or attendant operated for the use of retail customers, exclusive of laundry facilities provided as an accessory use in an apartment complex. 30. COMMERCIAL AGRICULTURE where used to define an agricultural operation (e.g. commercial hog farm) this term shall mean animals or products raised for sale, either retail or wholesale, at a scale greater than normally expected for home use. 31. COMMUNICATIONS EQUIPMENT BUILDING shall mean a Building housing electrical an 01/14/10
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mechanical equipment necessary for the conduct of a public communications business with or without personnel. 32. CONTRACTOR’S YARD shall mean any land and/or buildings used primarily for the storage of equipment, vehicles, machinery, new or used building materials, paints, pipe, or electrical components solely used by the owner or occupant of the premises in the conduct of any building trades. 33. CORE AREA, where designated elsewhere in this document, shall describe all parcels within a mapped area which are to be assigned distinct development standards from surrounding areas. 34. DELETED. 35. DELETED. 36. DOMESTIC ANIMALS shall mean animals normally maintained in a home as pets. 37. DUMP shall mean a place used for the disposal, abandonment, or discarding by burial, incineration, or by any other means, or any garbage, sewage, trash, refuse, rubble, or waste materials. 38. DWELLING shall mean a building or potion thereof designed for or occupied exclusively for residential purposes, including one-family, two-family, and multi-family dwelling but not including hotels, motels, trailers, tents, converted transit vehicles, boarding or lodging houses, or any type of temporary structures. 39. DWELLING, GUEST, shall mean an accessory structure which consists of detached living quarters of a permanent type of construction, which may include a bathroom and other living space, but not kitchen facilities, and which is not leased, subleased, rented, or sub-rented separately from the main dwelling. 40. DWELLING, MOBILE HOME, shall mean a structure transportable in one or more sections, designed and equipped to contain not more than two dwelling units to be used with or without a foundation system. Mobile home does not include a recreational vehicle, commercial coach, or factory-built housing, as defined in the Health and Safety Code. 41. DWELLING, MULTIPLE, shall mean a building containing two or more dwelling units on one lot to be occupied by two or more families living independently of each other. 42. DWELLING, SINGLE FAMILY, shall mean a building designed and used exclusively for residence purposes by one family on a single lot and no portion of which is to be rented separately. 43. DWELLING UNIT shall mean one or more habitable rooms with cooking facilities designed for occupancy by one family for living and sleeping purposes. 44. EDUCATIONAL INSTITUTIONS shall mean public and other nonprofit institutions conducting full time academic instruction at kindergarten, elementary, secondary, and collegiate levels and including graduate schools, universities, non-profit research institutions and religious institutions. Such institutions must either (1) offer general academic instruction equivalent to the standards prescribed by the State Board of Education, or (2) convert degrees as a college or university of undergraduate or graduate standing, or (3) conduct research or (4) give religious instruction. This 01/14/10
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definition does not include commercial or trade schools. 45. FAMILY is an individual or two (2) or more persons related by blood, marriage, or adoption, or a group of not more than five (5) persons (excluding servants) who need not be related by blood, marriage, or adoption, living together in a dwelling unit. 46. FEED YARD shall mean corrals or holding areas for the primary purpose of holding or feeding animals for slaughtering, shipping, or resale and not incidental to a farm or ranch. 47. FENCES, HEDGES, AND WALLS, HEIGHT OF, shall mean the vertical distance from the ground level of public property closest to the property line on which the fence is to be built to the highest pint on the fence. Where a property line separates property having unequal ground levels, the lower shall be used to measure the vertical distance of the fence, wall, or hedge. 48. FLOOR AREA shall mean the total horizontal area of all the floors of a building included within surrounding walls, exclusive of basement storage space and areas within a building used for the parking of vehicles. 49. FRONTAGE-PRIMARY shall mean that portion of a parcel which is adjacent to the public right of way. For a corner lot, the frontage with the smallest dimension shall be considered as the primary frontage per parcel. 50. FRONTAGE-SECONDARY on a corner lot shall mean that portion of a parcel which is adjacent to a public right of way which is not the primary frontage. 51. GARAGE, PRIVATE, shall mean detached accessory building or a portion of a main building on the same lot for the parking or temporary storage of vehicles of the occupants of the premises. 52. GARAGE, PUBLIC, shall mean any other than a private garage. 53. HEALTH CLUBS, FITNESS CENTERS, GYMS, AND ATHLETIC CLUBS means primarily indoor establishments providing physical fitness services and/or athletic facilities, for a fee or admissions charge, such as exercise and weight training equipment or classes, indoor sauna, spa or hot tub facilities; tennis, handball, racquetball, or basketball courts or similar services. 54. HOME OCCUPATION shall mean any use as regulated in §12.95.000 which is customarily conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the structure for dwelling purposes and which use does not change the character thereof or does not adversely affect the uses permitted in the zone of which it is a part. 55. HOSPITAL shall mean any building or portion thereof used for the accommodation and medical care of sick, injured, or infirm persons and including sanitariums, alcoholic sanitariums, institutions for the care of chronic drug addicts and mental patients. 56. HOTEL shall mean a building or group of buildings containing individual living units for the accommodation of transient occupants. 57. INDUSTRY shall mean the production, processing or servicing of goods by hand or by machinery. 58. INOPERABLE MOTOR VEHICLE shall mean any motor vehicle that is incapable of being 01/14/10
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transported by its own motive power. 59. JUNK YARD shall mean any lot or portion thereof where waste, discarded materials are bought, sold, exchanged, baled, packed, disassembled, handled, stored or abandoned, including house wrecking yards, portions of properties used primarily for other purposes, where any use described above takes place, or places of establishments engaged in assembling, breaking up, sorting and wholesale or retail distribution of scraps of waste materials. This includes auto wreckers engaged in dismantling automobiles for scrap or for sale of parts or both. 60. KENNELS shall mean both commercial and hobby uses as follows: a. KENNELS, COMMERCIAL, shall mean any use which involves the keeping of five or more dogs, four months of age or older, or five or more cats, four months of age or older, for commercial breeding, boarding, training or other commercial purposes. Dogs used in herding farm animals incidental to agricultural uses are excluded. b. KENNELS, HOBBY, shall mean the keeping of seven or more dogs, four months of age or older kept for hobby of a household, including breeding no more than two litters of puppies per year, for hunting or practice tracking, for exhibit in dog shows, for field or obedience trials. 62.
KITCHEN FACILITIES shall mean any area of a building intended for or designed to be used or maintained for the cooking and/or preparation of food that includes one or more of the following: stove or cooktop; sink with drainage piping larger than 1-1/2 inches; 220 volt electrical receptacle.
63.
LABORATORY shall mean a building or part of a building devoted to the testing and analysis of any product or animal, including humans. No manufacturing shall be permitted except for experimental or testing purpose.
64.
LABORATORY, MEDICAL OR DENTAL, shall mean a laboratory which provides bacteriological, biological, medical, X-ray, pathological and similar analytical or diagnostic services to doctors or dentists. No fabricating shall be permitted except the custom fabrication of dentures.
65.
LABOR CAMP, PERMANENT, shall mean any housing or living accommodations, other than a temporary labor camp, maintained in connection with any work or place where work is being performed, provided for the housing of ten (10) or more employees.
66.
LABOR CAMP, TEMPORARY, shall mean any housing or living accommodations maintained in connection with any work or place where work is being performed, provided for the housing of ten (10) or more employees if occupied or used for a period not to exceed one hundred and twenty (120) days in any one calendar year.
67.
LANDSCAPING shall mean planting, including trees, shrubs, lawn areas, ground covers, suitably designed, selected, installed and maintained so as to be permanently attractive. Decorative screens, fences, ornamental post lamps, decorative rock or other paved surfaces are considered elements of landscape development.
68.
LOADING SPACE shall mean an off-street space or berth on the same lot with a main building, or contiguous to a group of buildings, for the temporary parking or commercial vehicles while
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loading or unloading, and which has access from a street, alley, or other permanent means of ingress and egress. 69.
LODGE shall mean an association of persons, whether incorporated or unincorporated, for some common purpose, but not including groups organized to render service carried on as a business.
70.
LOT shall mean: a. A parcel of real property shown as a delineated parcel of land with a number or other designation on the final or parcel map recorded in the office of the County Recorder; or b. A parcel of land, the dimensions or boundaries of which are defined by a Record of Survey map recorded in the office of the County Recorder in accordance with the law regulating the subdivision or land; or c. A parcel of real property not delineated as in (a) or (b) above, but created in accordance with 66412.6.
70.
LOT, CORNER, shall mean a lot located at the intersection of interception of two (2) or more streets at an angle of not more than one hundred thirty-five (135) degrees. If the angle is greater than one hundred thirty-five (135) degrees, the lot shall be considered an "Interior lot".
71.
LOT COVERAGE shall mean the lot area occupied by all buildings, including accessory buildings and structures.
72.
LOT, CUL-DE-SAC, shall mean a lot fronting on, or with more than one-half (1/2) of its lot frontage on, the turnaround end of a cul-de-sac street.
73.
LOT DEPTH shall mean the average distance between the front and the rear lot lines or between the front lot line and the intersection of the two sidelines if there should be no rear lot line.
74.
LOT, INTERIOR, shall mean a lot other than a corner or reversed corner lot with only one frontage on a street.
75.
LOT, KEY, shall mean the first lot to the rear of a reversed corner lot whether or not separated by an alley.
76.
LOT LINE, FRONT, shall mean any lot line other than a front or rear lot line. A side lot line separating a corner lot from a street is called the Street Lot Line. A lot line separating a corner lot from an adjacent lot is called the Interior Lot Line.
77.
LOT LINE, REAR, shall mean the line which is opposite and most distant from the front lot line. For the purpose of establishing the rear line of a triangular or trapezoidal lot, or of a lot the rear line of which is formed by two or more lines, the following shall apply: a. For a triangular, gore shaped, or irregular shaped lot, a line ten feet in length within the lot and farthest removed from the front lot line and at right angles to the lot depth line shall be used as the rear lot line, or b. In the cases of a trapezoidal or quadrilateral lot, the rear lot line shall be deemed to be the line which is opposite and most distant from the front lot line, providing the line is a
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minimum length, the rear line shall be a line ten feet in length drawn parallel to but farthest removed from the front lot line, or c. In the case of a pentagonal lot, the rear boundary of which includes an angle formed by two lines such angle shall be employed for determining the rear lot line in the same manner as prescribed for triangular lots. 78.
LOT LINE, SIDE, shall mean any lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a side street lot line. A side lot line separating a lot from another lot or lots is called an interior side lot line.
79.
LOT OF RECORD shall mean a lot that is designated upon a map showing the lot, block and tract as indicated on a final map, as such map is filed in the County Recorder' s Office, or as a lot shown on a recorded parcel map.
80.
LOT, REVERSED CORNER, shall mean a corner lot, the side line of which is substantially a continuation of the front lot lines of the lots to its rear, whether across an alley or not.
81.
LOT, THROUGH, shall mean a lot having frontage on two dedicated parallel or approximately parallel streets.
82.
LOT WIDTH shall mean the average horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines. In the case of triangular lots, or lots that are bound by more than four straight lines, or that have curvilinear side lines, the Planning and Building Services Director shall determine lot width.
83.
MEDICAL OFFICE shall mean a building or group of buildings wherein clinical outpatient treatment and/or related services are provided by medical doctors, dentists, chiropractors, therapists and related professions.
84.
MOBILEHOME PARK shall mean an area or tract of land where two (2) or more mobilehome sites are rented or leased or held out for rent or lease to accommodate mobilehomes used for human habitation.
85.
MUSEUM shall mean a nonprofit, noncommercial establishment operated as a repository of a collection of objects of nature, scientific or literary curiosities or objects of interest or works of art.
86.
NONCONFORMING BUILDING shall mean a building or portion thereof lawfully existing at the time this Ordinance became effective and which was designed, erected or structurally altered for a use which does not comply with all the height and area regulations of the zone in which it is located.
87.
NONCONFORMING LOT shall mean a parcel of land having less area, frontage, or dimensions than required in the zone in which it is located.
88.
NONCONFORMING USE shall mean a use which was lawfully established and maintained at the time this Ordinance became effective, but which does not conform to subsequently established zoning or zone regulations.
89.
NURSERY SCHOOL shall mean the supervisory care and educational development of pre-
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elementary school-age children for profit or nonprofit and licensed by the State of California. 90.
NURSERY, PLANT, shall mean a place where trees, shrubs or vines are propagated for transplanting or for use as stock for granting.
91.
OFFICE shall mean a building, room, or department wherein a business or service is transacted, but not including the storage or sale of merchandise on the premises as a primary function.
92.
OPEN SPACE shall mean those areas suitable for common recreational use or which provide visual relief to developed areas, exclusive of areas devoted to parking, private use, and any other area which does not significantly lend itself to the overall benefit of either the particular development or surrounding environment. Open space may include areas in private lot ownership, provided that such areas are not fenced. The boundaries of open space areas shall be treated as property lines in determining required rear and side yard setbacks.
93.
PARCEL OF LAND shall mean the same as "Lot".
94.
PARKING AREA, PRIVATE, shall mean an open area, located on the same lot with a dwelling or apartment for the parking of automobiles of the occupants of such buildings.
95.
PARKING AREA, PUBLIC, shall mean an open area other than a street, alley or place, used for the temporary parking of more than four (4) automobiles and available for public use whether free, for compensation or as an accommodation for clients or customers.
96.
PARKING SPACE/STALL shall mean a permanently surfaced area, exclusive of driveways, ramps, columns, for the parking of one automobile not less than 9'x 18'for medium and large automobiles, and 8'x 16'for subcompact and compact automobiles.
97.
PREMISES shall mean a lot including all buildings or structures.
98.
PRESCHOOL shall mean the same as "Nursery School."
99.
PROFESSIONAL OFFICES shall mean buildings, structures or establishments for the purpose of establishing and maintaining offices for attorneys, registered engineers or architects, licensed surveyors, accountants or realtors, but not including barbers, beauticians, cosmetologist or other service establishments.
100. PROPERTY LINE shall mean the same as "Lot Line". 101. PUBLIC USE shall mean a use operated exclusively by a public body, to serve the public health, safety, or general welfare, including uses such as parks, playgrounds, and administrative and service facilities. 102. PUBLIC UTILITY STRUCTURES shall mean electrical distribution and transmission substations, gas regulator and metering stations, communications equipment buildings, and public service pumping stations except water well and pump sites approved in connection with the approval of a tentative subdivision map. 103. QUARRY, SAND PIT OR GRAVEL PIT, shall mean a lot or land or part thereof sued for the purpose of excavating sand, gravel, limestone, marble or other such nonmetallic materials but shall not include oil wells or shaft mine operations and shall be exclusive of a process of grading a 01/14/10
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lot preparatory to the construction of a building for which application for building permit has been made. 104. RECREATIONAL VEHICLE shall mean a travel trailer, pickup camper or motorized home, with or without motive power designed for human habitation for recreational or emergency occupancy. 105. RECREATIONAL VEHICLE PARK shall mean an area designed to accommodate recreational vehicles such as travel trailers, pickup campers, and motorized homes, but not including tents. 106. RESIDENCE shall mean the same as dwelling. 107. RESIDENTIAL CARE FACILITY shall mean a structure or a group of structures, operated as a single unit, licensed by the state and providing care or supervision to unrelated individuals on a 24-hour basis. 108. RESIDENTIAL DENSITY shall mean the total number of dwelling units on one acre of land in a given area. 109. REST HOMES shall mean the same as "Residential Care Facility". 110. RESTAURANT is a comprehensive term meaning an eating house providing service to the general public as said term "restaurant" is more fully defined in the California Health and Safety Code. Some types of establishments included within the term "restaurants" are cafes, cafeterias, coffee houses, coffee shops, dinner houses, drive-in or drive-through restaurants, fast food service establishments, and sandwich shops. a. Cafeteria means where food primarily is prepared (not cooked to order) and served to the customer by direct visible selection, for consumption principally (but not necessarily exclusively) upon the premises. b. Coffee Shop means where food generally cooked to order is served to the customer seated at a table or counter for consumption principally (but not necessarily exclusively) upon the premises, the establishment being open for all three meals of the day, and sometimes on a 24-hour basis. c. Dinner House means where meals are generally cooked to order and served to the customers seated at tables or counters for consumption on the premises, and the establishment is open for service of the dinner meal only, although it may also be open for service of the midday meal. d. Drive-in or Drive-Through Restaurant means any building or structure where food and drink are served for consumption either on or off the premises by order from and/or service to vehicular passengers outside the structure, including service from an outdoor window. e. Fast Food Service Establishment means where food not displaced for selection as in a cafeteria, and which food may or may not be cooked to order or be pre-prepared is served to the customer at a window or over a counter for consumption elsewhere on the premises or away from the premises as the customer prefers. 111. RETAIL STORE shall mean a business of selling goods, wares or merchandise directly to the 01/14/10
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ultimate consumer. 112. SANITARIUM shall mean a health station or retreat or other place where patients are housed and where medical or surgical treatment is given. This does not include mental institutions or places for the treatment of drug addicts. 113. SCHOOL, TRADE, shall mean private schools offering instruction in the technical, commercial, or trade skills, such as real estate schools, business colleges, beauticians and barber colleges, electronics schools, automotive and aircraft technicians schools, and similar commercial establishments operated for a profit. 114. SETBACK AREA shall mean an area back from and parallel to the property lot line or back edge of the street curb, whichever is less, on which no building, structure or portion thereof shall be permitted, erected, constructed or placed except for the following areas: a. Overhangs, eaves and fireplaces not encroaching more than two (2) feet in the setback areas provided that a minimum of six (6) feet is maintained between any adjacent building or structure or portion thereof. b. In-ground swimming pools. 115. SIGN shall mean any structure, wall, natural object or other device used for visual communications which is visible from any public or private street or means of access and is used to advertise or direct attention to an activity, product, place, person, organization, business or enterprise. For the purpose of this Chapter the word "sign" does not include the flag, pennant or insignia of any nation, state, city or other political unit, or any official notice issued by any court or public body or officer or directional warning or information sign or structures required or authorized by law. 116. SITE PLAN shall mean a plan, prepared to scale, showing accurately and with complete dimensioning, all the buildings, structures, and uses and the exact manner of development proposed for a specific parcel of land. 117. STABLE, COMMERCIAL, shall mean a stable for horses, mules or ponies which are let, hired, used or boarded on a commercial basis and for compensation. 118. STABLE, PRIVATE, shall mean a detached accessory building for the keeping of horses, mules or ponies owned by the occupants of the premises and not kept for remuneration, hire or sale. 119. STORE, DEPARTMENT, shall mean a store divided into separate departments carrying a great variety of goods, including major appliances and furniture. 120. STORY shall mean that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it then the space between such floor and the ceiling next above it. 121. STREET shall mean a public thoroughfare or right-of-way dedicated, deeded or condemned for use as such including those held by prescriptive right; or approved private thoroughfare or rightof-way, other than an alley, which affords the principal means of access to abutting property including avenue, place, way drive, lane, boulevard, highway, road and any other thoroughfare, except as excluded in this Chapter. The word "street" shall include all major and secondary 01/14/10
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highways, traffic collector streets, and local streets. 122. STREET, SIDE, shall mean the street bounding a corner or reversed corner lot and which extends in the same general direction as the line determining the depth of the lot. 123. STREET LINE shall mean the boundary line between street right-of-way and abutting property. 124. STREET CENTER LINE shall mean the center line of a street right-of-way as established by official surveys or deeds. 125. STRUCTURE shall mean anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things structures include building, mobilehome, walls, fences, billboards, and poster panels. 126. STRUCTURAL ALTERATION shall mean any change in or alteration to the structure of a building involving a bearing wall, column, beam or girder, floor or ceiling joists, roof rafters, roof diaphragms, foundations, piles, retaining walls, or similar components. 127. TRAILER shall mean a vehicle, other than a motor vehicle which is designed or used for human habitation, and for travel or recreational purposes which may be moved upon a public highway without a special permit or chauffeur' s license or both, without violating any provision of the Vehicle Code. 128. URBAN AREA shall mean all the territory served with sanitary sewers and piped water system and shall include all the area within the Olivehurst Public Utility District and the Linda County Water District. It shall also include any other area capable of being serviced with sewer and water service and which has been designated an "Urban Area" by Resolution of the Board of Supervisors. 129. USE shall mean the purpose for which land or a building is arranged, designed, or intended, or for which either land or building is or may be occupied or maintained. 130. VARIANCE shall mean a modification of the specific regulations of this Ordinance granted by the Board of Supervisors in accordance with the terms of this Ordinance for the purpose of assuming that no property, because of special circumstances applicable to it, shall be deprived of privileges that may be enjoyed by other properties in the same vicinity and zone. 131. WALL shall mean a solid vertical barrier attached to or part of a building, or a solid fence. 132. WAREHOUSING shall mean a building or buildings used for the storage of goods of any type, when such building or buildings contain more than five hundred (500) square feet of storage space and where no retail operation is conducted. 133. WHOLESALING shall mean the selling of any type of goods for purposes of resale. 134. YARD shall mean any area on the same lot with a building or dwelling group, which is occupied and unobstructed except for the projections permitted by this Ordinance. 135. YARD, FRONT, shall mean a yard extending across the front of the lot between the inner side yard lines and measured from the front line of the lot to the nearest lines of the building; provided, that if any building line or official plan line has been established for the street upon which the lot 01/14/10
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faces, then such measurement shall be taken from such building line or official plan line to the nearest line of the building. 136. YARD, REAR, shall mean a yard extending across the full width of the lot and measured between the rear line of the lot and the nearest line of the building. 137. YARD, SIDE, shall mean a yard between the side line of the lot and the nearest line of the building and extending from the front line of the lot to the rear yard. 138. ZONE shall mean a portion of the territory of the County, exclusive of streets, alleys, and other public ways, within which certain uses of land, premises and buildings are permitted and within which certain property development standards are required as set forth and specified in this Ordinance. 139. ZONING MAP shall mean the Official Zoning Map of the County of Yuba, which is a part of the County Ordinance Code. (#906 as amended by #959, #971, #1029, #1055, #1077, #1097, #1130, #1403 and #1422)
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CHAPTER 12.10 ADMINISTRATION, AMENDMENT AND ENFORCEMENT SECTIONS Sections 12.10.010 Administration of the Ordinance 12.10.020 Ordinance Amendment 12.10.030 Planning Commission Hearing 12.10.040 Action of the Planning Commission 12.10.050 Board of Supervisors'Hearing 12.10.100 Zoning District Amendment 12.10.110 Application and Fee 12.10.120 Procedure and Public Hearing 12.10.130 Action of the Planning Commission 12.10.140 Action by the Board of Supervisors 12.10.150 Limitation on Filing Identical Application 12.10.160 Appeal 12.10.200 Conditional Use Permit 12.10.210 Application and Fee 12.10.220 Public Hearing 12.10.230 Findings 12.10.240 Appeal 12.10.250 Limitation on Filing Identical Applications 12.10.260 Expiration 12.10.270 Revocation 12.10.300 Variances 12.10.310 Application and Fee 12.10.320 Public Hearing 12.10.330 Findings 12.10.340 Appeal 12.10.350 Limitation on Filing Identical Application 12.10.400 Nonconforming Uses 12.10.500 Violation 12.10.600 Public Nuisance 12.10.700 Zoning Administrator 12.10.710 Public Hearing and Findings 12.10.720 Appeal of Decision of Zoning Administrator 12.10.730 Appeal of Decision of Planning Commission ______________________________ ARTICLE 1 ADMINISTRATION 12.10.010 Administration of the Ordinance. This Ordinance shall be administered by the Planning Director, who shall advise the public about its requirements. The responsibilities of the Planning Director under this Ordinance include the following functions, which may be carried out by Planning Department employees under the supervision of the Director.
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(a) Application Processing - Accept and review all applications for projects; certifying that applications submitted have been properly completed; establish permanent files; conduct site and project analysis; prepare public notices; meet with applicants; collect fees; prepare reports; process appeals; present staff reports to the Planning Commission and Board of Supervisors; and (b) Permit Issuance - Issue permits under this Ordinance and certify that all such permits are in full conformance with its requirements; and (c) Coordination - Refer and coordinate matters related to the administration of the Ordinance with other agencies and County Departments; and (d) Enforcement - Enforce and secure compliance with the provisions of the Ordinance. (#906 as amended by #1130, #1405, #1422) ARTICLE 2 AMENDMENT 12.10.020 Ordinance Amendment. This Ordinance may be amended whenever the Board of Supervisors deems that the amendment will be in the best interest of the public. Amendments may be initiated by: (a) The Board of Supervisors upon its own motion; or by: (b) The Planning Commission and/or the Planning Director. Amendments are to be processed as set forth in §§12.10.030 through 12.10.050. (#906 as amended by #1130, #1405, #1422) 12.10.030 Planning Commission Hearing. The Planning Commission shall hold one (1) public hearing on any proposed amendment. Notice of the time and place of said hearing, including a general description of the matter to be considered and the location of the site, shall be published in a newspaper of general circulation at least ten (10) calendar days prior to the date of such hearing. Said hearing may be continued by the Planning Commission from time to time, provided that such hearing shall be completed and a recommendation adopted within ninety (90) calendar days of the first noticed date of public hearing. (#906, #1422) 12.10.040 Action of the Planning Commission. Following the public hearing, the Planning Commission shall submit a written report including a summary of the hearing, findings and recommendations to the Board of Supervisors within thirty (30) calendar days after the date of said hearing. (#906, #1422) 12.10.050 Board of Supervisors'Hearing. Upon receipt of the recommendations of the Planning Commission, the Board of Supervisors shall hold a public hearing after giving notice in the manner specified in §12.10.030. The Board of Supervisors may approve, modify or disapprove the recommendations of the Planning Commission, provided that any modification of the amendment not previously considered by the Planning Commission during its hearing shall first be referred to the Planning Commission for report and recommendations, but the Planning Commission shall not be required to hold a public hearing thereon. Planning Commission shall review the modification and shall report its recommendations back to the Board of Supervisors not more than forty (40) calendar days after the referral by the Board. (#906, #1422)
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ARTICLE 3 ZONING DISTRICT AMENDMENT 12.10.100 Zoning District Amendment. Boundaries of any zoning districts established by this Ordinance may be amended whenever public necessity, convenience and general welfare requires this action to be taken. An amendment may be initiated by: (a) A verified application of one or more owners of property affected by the proposed amendment. (b) Resolution of intention by the Board of Supervisors. (c) Resolution of intention by the Planning Commission. (#906, #1422) 12.10.110 Application and Fee. Application for zone change shall be submitted to the Planning Department in writing on a form prescribed by the Planning Department. Said application shall be accompanied by a fee set by resolution as adopted by the Board of Supervisors. (#906 as amended by #1130, #1405, #1422) 12.10.120 Procedure and Public Hearing. Upon the filing of an application, or passage of a resolution of intention, the Planning Commission shall hold one (1) duly noticed public hearing on the proposal. Notice of a public hearing shall include the time and place of the hearing, a general description of the request, the location of the site, and any additional information which the Planning Director deems appropriate. Such notice shall be given at least ten (10) calendar days before the hearing by first class mail to all persons whose names and addresses appear on the latest adopted Secured Assessment Roll of the County as owning property within a radius of three hundred (300) feet from the exterior boundaries of the parcel which is the subject of the hearing. Such public hearing notice shall also be published in a newspaper of general circulation at least ten (10) calendar days prior to the date of such hearing. Said hearing may be continued by the Planning Commission from time to time. (#906 as amended by #1130, #1405, #1422) 12.10.130 Action of the Planning Commission. Following the public hearing, the Planning Commission shall submit a written report including a summary of the hearing, findings and recommendation to the Board of Supervisors within thirty (30) calendar days after the date of said hearing. (#906, #1422) 12.10.140 Action by the Board of Supervisors. (a) Upon receipt of the recommendations of the Planning Commission, the Board of Supervisors shall hold a public hearing after giving notice in the manner specified in §12.10.120; provided, however, that if the Planning Commission has recommended against the approval of such request, the Board of Supervisors shall take no further action unless an appeal is filed with the Clerk of the Board of Supervisors within (10) calendar days after the decision of the Planning Commission. (b) Within ninety (90) calendar days from the date of the receipt of the Planning Commission' s report, the Board of Supervisors may approve modify or disapprove the proposed request. If no action is taken within said ninety (90) calendar days, the application shall be void. Any modification shall be referred back to the Planning Commission for a report pursuant to §12.10.050. (#906, #1422) 12.10.150 01/14/10
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Upon final denial of any zone change
application, reapplication for the same request shall not be accepted for filing for a period of six (6) months commencing on the effective date of the final denial. (#906, #1422) 12.10.160 Appeal. Any person not satisfied with the action of the Planning Commission may within ten (10) calendar days appeal in writing to the Board of Supervisors. A copy of such appeal shall be submitted to the Planning Director. (#906 as amended by #1130, #1405, #1422) ARTICLE 4 CONDITIONAL USE PERMIT 12.10.200 Conditional Use Permit. A Conditional Use Permit shall be granted only if it is found that the establishment, maintenance, and operation of the use of building or land applied for will not, under the circumstances, of the particular case, be detrimental to the health, safety, peace, morals, and general welfare of persons residing or working in the neighborhood or to the general welfare of the County. (#906, #1422) 12.10.210 Application and Fee. Application for a Conditional Use Permit shall be made to the Planning Department in writing on a form prescribed by the Planning Department. Said application shall be accompanied by a fee set by resolution as adopted by the Board of Supervisors. (#906 as amended by #1130, #1405, #1422) 12.10.220 Public Hearing. Public Hearing and notice shall be required for all permits in the manner specified in §12.10.120 of this Ordinance. (#906, #1422) 12.10.230 Findings. The Commission in approving a Conditional Use Permit shall find as follows: (a) The proposed use at the particular location is necessary or desirable to provide a service or facility which will contribute to the general well-being of the neighborhood. (b) Such use will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity. (c) The site for the proposed use is adequate in size and shape to accommodate said use and all of the yards, setbacks, walls or fences, and other features required in order to adjust said use to those existing or permitted future uses in the neighborhood. (d) The proposed use is consistent with the general plan and any adopted Area or Specific Plan. (#906, #1422) 12.10.235 Standard Condition re Public Utility Notice and Approval. Permits shall include the following standard condition:
All Conditional Use
Developer shall be responsible for giving sixty (60) days notice to the appropriate public utilities, including but not limited to Pacific Gas and Electric Company, SBC, and Comcast or their successor’s in interest prior to commencing any construction or development of any project authorized by the Conditional Use Permit. (#1270, #1405, #1422) 12.10.240 Appeal. Appeal procedure shall be the same manner as specified in §12.10.160 of this Ordinance. (#906, #1422) 01/14/10
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12.10.250 Limitation on Filing Identical Applications. Upon final denial of any Conditional Use Permit, reapplication for the same request shall not be accepted for filing for a period of six (6) months commencing on the effective date of the final denial. (#906, #1422) 12.10.260 Expiration. An approved Conditional Use Permit shall be considered null and void if not substantially initiated within 18 months of the date of final approval or such other time period as may be set by conditions of approval. Substantial initiation shall mean issuance of a building permit or construction of a specific project facility in conformance with the approved plans, or commencement of the proposed used. The Planning Director may grant one extension, not to exceed 90 days, upon a showing of good faith attempt to initiate the approved project. (#906 as amended by #1130, #1405, #1422) 12.10.270 Revocation. Whenever in the opinion of the Planning Director where the conditions of any Conditional Use Permit issued have not been complied with, the Planning Director shall give the property owner and lessee of the subject property a notice providing not less than ten days to comply. If at the end of said period the property owner and lessee fails to comply with the conditions of approval of the permit, the Planning Director shall immediately set a hearing before the Planning Commission to determine why the permit should not be revoked. Said hearing notice shall be mailed to the property owner and lessee of the subject property involved ten (10) calendar days prior to the hearing. Said notice shall state the violations and shall request appearance of said owner and lessee at the time and place specified for the hearing to show cause why the permit should not be revoked. At the conclusion of said hearing, the Planning Commission shall have the right to revoke the permit. Such revocation shall be subject to the right of appeal in the same manner as set forth in §12.10.160 of the Ordinance. (#906 as amended by #1130, #1405, #1422) ARTICLE 5 VARIANCES 12.10.300 Variances. (a) Variances from the terms of the zoning ordinance shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. (b) Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated. (c) A variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property. The provisions of this section shall not apply to conditional use permits. (#906 as amended by #1077, #1422) 12.10.310 Application and Fee. Application for a Variance shall be made to the Planning Department in writing on a form prescribed by the Planning Department. Said application shall be accompanied by a fee set by resolution as adopted by the Board of Supervisors. (#906 as amended by #1130, #1405, #1422) 12.10.320 Public Hearings. Public hearings and notice shall be required for an application for a Variance in the manner specified in §12.10.120 of this Ordinance. (#906, #1422) 12.10.330 01/14/10
Findings.
Approval or conditional approval shall be granted only when the Planning Page 22 of 230
Commission has made the following findings: (a) Because of special circumstances applicable to subject property, including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance would deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. (b) The Variance authorized does not constitute a grant of special privileges inconsistent with the limitations upon other property in the vicinity and zone in which subject property is situated. (c) The granting of the Variance will not be materially detrimental to the public health, safety, convenience, or welfare or injurious to property and improvements in the same vicinity and zone in which subject property is situated. (d) The granting of such Variance will be consistent with the general plan of the County. (e) The Variance does not authorize a use which is not otherwise permitted in the zone. (#906, #1422) 12.10.340 Appeal. Appeal procedure shall be in the same manner as specified in §12.10.160 of this Ordinance. (#906V) 12.10.350 Limitation on Filing Identical Application. Upon final denial of any Variance application, reapplication for the same request shall not be accepted for filing for a period of six (6) months commencing on the effective date of the final denial. (#906, #1422) ARTICLE 6 NONCONFORMING USES 12.10.400 Nonconforming Uses. (a) Use of Land--Any lawful use of land existing at the time of the adoption of a zoning district ordinance may be continued, although such use does not conform to the regulation specified in such ordinance for the district in which such land is located. A Conditional Use Permit shall first be obtained for any enlargement or expansion. (b) Use of Building--Any lawful use of a building existing at the time of the adoption of a zoning district ordinance may be continued, although such use does not conform to the regulation specified for the district in which such building is located. A Conditional Use Permit shall first be obtained for any enlargement or expansion. However, except as otherwise provided by law, nothing in this Ordinance shall prevent the restoration of any part of a building or structure previously declared unsafe by proper authority. (c) Nonconformity for parking or setbacks--Any otherwise conforming use, which is nonconforming only by reason of parking or setbacks may expand or be reconstructed without a Conditional Use Permit provided the following conditions are met: 1. The expansion meets the current requirements for parking or setbacks and the degree of nonconformity of existing improvements is not increased. 2. The expansion of reconstruction does not violate any other requirements previously conforming. 3. Standards for parking lot improvements may be waived by the Planning Director provided the 01/14/10
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expansion is not greater than 25% and the Planning Director finds that the required improvements cannot be physically installed. (d) Abandonment--If the actual operation of a nonconforming use ceases for a continuous period of one (1) year, such cessation of the nonconforming use shall be considered abandonment; then, without further action by the Planning Commission, the use of land or building shall be subject to all the regulations specified by this Ordinance. (e) Nonconforming animal keeping--Any property upon which is kept livestock or fowl, which is made nonconforming under the provisions of the zone in which it is located, shall be brought into conformance within 24 months of the date of adoption of this ordinance, except where the owner has stipulated in writing to the Planning Department the number and type of nonconforming animals prior to the end of that 24-month period. Any such stipulated animals shall be allowed to be maintained thereafter but shall not be increased nor other animal types added nor shall this exception be transferable to another owner or another property. (#906 as amended by #1130, #1405, #1422) ARTICLE 7 VIOLATION 12.10.500 Violation. Unless otherwise provided, any person, firm or corporation violating any provision of this Title shall be guilty of an infraction. Each day or portion thereof such violation is in existence shall be a new and separate offense. Upon conviction, the penalty for such offense shall be a fine not exceeding Fifty Dollars ($50.00) for a first violation, a fine not exceeding One Hundred Dollars ($100.00) for a second violation of the same chapter within one year, and a fine not exceed Two Hundred Fifty Dollars ($250.00) for a third violation of the same chapter within one year. Every additional violation of the same chapter within a one year period shall be a misdemeanor punishable as provided in Chapter 1.25 of this Code. Payment of any penalty herein provided does not relieve the person, firm or corporation of the responsibility to correct the violation. (#906, #1422) ARTICLE 8 PUBLIC NUISANCE 12.10.600 Public Nuisance. The use of any property or building in violation of the terms hereof is hereby declared to be a public nuisance and may be abated in the manner prescribed by law. The penalties described in §12.10.500 shall not be deemed to abrogate, limit or annul the right to enjoin any use in violation of this chapter or to abate same by civil action. (#906, #1422)
ARTICLE 9 ZONING ADMINISTRATOR 12.10.700 Zoning Administrator. The Planning Director or his or her designated representative acting as the Zoning Administrator may hold hearings and make decisions on applications for the following conditional use permits and variances: A. Conditional Use Permits: (1) Enlargement or expansion of a use authorized under a Conditional Use Permit provided that the addition will not result in an increase of more than 50 percent of the existing facility. 01/14/10
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(2) Enlargement or expansion of the existing nonconforming use provided that the addition will not result in an increase of more than 25 percent of the existing facility. (3) Residence or mobilehomes in excess of those allowed as a permitted use as specified in various zones. (4) Outdoor or off-site advertising signs. (* See also Section 12.90.030) (5) Residential unit used and occupied exclusively by the proprietor or an employee of a commercial establishment located in "C" zone. (6) Residential unit used and occupied exclusively by an employee of an industrial establishment who is employed specifically as a caretaker or watchman located in "M-1" zone. (7) Employee housing unit located in "RZ" zone. (8) Temporary and readily removable structures accessory to agricultural uses located in "FP-1" zone. (9) Up to four (4) model homes, a temporary building used as a contractor' s office, a contractor' s storage and construction yard, and a real estate sales office in connection with marketing of a subdivision with an approved tentative map having twenty-five (25) lots or more for a period not to exceed one year, provided that such uses are located within the subdivision. The Zoning Administrator may renew said permits for up to additional one-year periods upon written application at least thirty (30) days prior to expiration. (10) A second single-family residence on each parcel of land in the R-1 and SP-1: R-5 through R-8 (single-family residential) zones providing the following requirements are met: (a) The unit is not intended for sale and may be rented. (b) The lot contains an existing single-family dwelling. (c) Any increase in the floor area of an attached second unit shall not exceed 30 percent of the existing living area. (d) The total area of floor space for a detached second unit shall not exceed 1200 square feet. (e) Any construction shall conform to parking, height, setback, lot coverage, site plan review, and other requirements set forth in the Yuba County Ordinance code (f) An applicant for a permit pursuant to this section must be an owner-occupant. (11) Minor Conditional Use Permits. B. Variances: (1) All variance requests relating to structures erected or projected into any required yards or required building separations. (2) Variances from parking requirements not to exceed 10% of the total requirement. 01/14/10
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(3) Variances from maximum height restrictions not to exceed 20% greater than the maximum allowable height. (4) Variances from maximum allowed sign area in accordance with Section 12.90.075. (#906 as amended by #959 #1055 #1130 #1178, #1239, #1405, #1422) 12.10.710 Public Hearing and Findings: (1) Public hearing, notice and findings shall be required for an application for a Conditional Use Permit in the manner specified in §§12.10.220 and 12.10.230 of this Ordinance. (2) Public hearing, notice and findings shall be required for an application for a Variance in the manner specified in §§12.10.320 and 12.10.330 of this Ordinance. (#906, #1422) 12.10.720 Appeal of Decision of Zoning. Any person not satisfied with the action of the Zoning Administrator may within ten (10) calendar days appeal in writing to the Planning Commission. A copy of such appeal shall be submitted to the Planning Director. (#906 as amended by #1130, #1405, #1422) 12.10.730 Appeal of Decision of Planning Commission. Any person not satisfied with the action of the Planning Commission may within ten (10) calendar days appeal in writing to the Board of Supervisors. A copy of such appeal shall be submitted to the Planning Director. (#906 as amended by and #113, #1405, #1422)
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CHAPTER 12.15 ESTABLISHMENT OF ZONES, MAPS AND BOUNDARIES Sections 12.15.010 Official Zoning Map 12.15.020 Reproductions 12.15.030 Interpretation of District Boundaries 12.15.040 Establishment of Zone ______________________________ 12.15.010 Official Zoning Map. The Planning Director is hereby designated as the custodian of the Official Zoning Map and is hereby directed to prepare said map at a scale of not less than 1,000 feet, 1 inch. The Official Zoning Map shall clearly indicate the zoning designations for all land as adopted by this ordinance and amended from time to time. The Official Zoning Map shall be kept in the Planning Department and shall be the final authority of the zoning status of all land within the unincorporated area of the County. (#906 as amended by #1130, #1405) 12.15.020 Reproductions. The Planning Director may prepare reproductions of composites of the adopted zoning map for purposes of study or public information. Such copies may be certified by the Planning Director as true copies of the Official Map on the date of reproduction. (#906 as amended by #1130, #1405) 12.15.030 Interpretation of District Boundaries. Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Maps, the following rules shall apply: (a) Boundaries indicated as approximately following the center line of streets, highways, or alleys shall be construed as following such center lines. (b) Boundaries indicated as approximately following lot lines shall be construed as following such lot lines. (c) Boundaries indicated as approximately following city limits or the county line shall be construed as following such city limits or county line. (d) Boundaries indicated as following railroad lines shall be construed as midway between the main tracks. (e) Boundaries indicated as following shore lines shall be construed as moving with the actual shore line; boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes, or other bodies of water shall be construed as following such center lines. (f) Boundaries indicated as parallel to or extensions of features indicated in paragraphs (a) through (3) above shall be so construed. Distances not specifically indicated on the Official Zoning Maps shall be determined by the Planning Director. 01/14/10
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(g) Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Maps or in other circumstances not covered by the above paragraphs, the Planning Commission shall interpret the district boundaries. (#906 as amended by #1130, #1405) 12.15.040 Establishment of Zone. In order to classify, regulate, restrict and separate the use of land, buildings and structures; to regulate and limit the type, height and bulk of buildings and structures in the various districts; to regulate the areas of yards and other open areas abutting and between buildings and structures; and to regulate the density of population, the unincorporated area of the County is hereby divided into the following zones: AE - - - Exclusive Agriculture Zone A/RR - - Agricultural/Rural Residential Zone RRE - - Rural Residential Estate Zone R-1 - - Single Family Residential Zone R-2 - - Medium Density Residential Zone R-3 - - High Density Residential Zone NC - - Neighborhood Commercial Zone RC - - - Rural Commercial Zone C - - - General Commercial Zone M-1 - - General Industrial Zone M-2 - - Extractive Industrial Zone I/C - - Industrial/Commercial Zone M-3 - - Light Industrial Zone PF - - Public Facilities Zone RZ - - - Recreation Zone SE - - Sports/Entertainment Zone TPZ - - Timberland Preserve Zone FP-1 - - Primary Flood Plain Zone PR - - - Planning Reserve Zone AP - - - Airport Zone BAFB - - Beale Air Force Base Zone BAPZ - - Brownsville Airport Zone SP-1 - - Specific Plan - East Linda RPZ - - Resource Preservation Zone (#906 as amended by #922, #953 #1055 and #1103)
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CHAPTER 12.16 SECOND DWELLING UNITS Sections 12.16.100 12.16.200 12.16.300 12.16.400 12.16.500 12.16.600 12.16.700
Findings Declaration of Purpose Administrative Approval Process Development Standards Conditional Second Dwelling Unit Approval Process Conditional Use Development Standards Appeal
12.16.100 Findings. Second dwelling units contribute positively to the availability and affordability of various housing types and options. It is the policy of the State of California to provide for a mechanism for allowing development of second dwelling units in appropriate areas of the County. Where not properly regulated, they can contribute to traffic control, parking problems and aesthetic impacts in residential neighborhoods. (#1422) 12.16.200 Declaration of Purpose. The purpose of this Chapter is to allow for reasonable development of second dwelling units, while minimizing the impacts to residential neighborhoods and to support and complement the land use objectives set forth in the Yuba County General Plan and this Chapter by encouraging the development of second dwelling units and by reducing or eliminating vehicular traffic and safety hazards and aesthetic impacts by regulating location, parking, and appearance. (#1422) 12.16.300 Administrative Approval Process. Application for a Second Dwelling Unit Clearance shall be made to the Planning Department in writing on a form prescribed by the Planning Department as permitted by the applicable zone district. The Planning Director or designated person(s) shall be responsible for evaluating the Clearance application within 14 days of submission. Said Clearance shall be approved if the proposal meets all requirements set forth in Chapter 12.16.400 and shall be valid for a period of one (1) year from date of Planning Department approval. Prior to issuance of building permit, applicant shall provide proof of recorded deed restriction requiring owner-occupancy of either the primary or secondary dwelling unit. (#1422) 12.16.400 Development Standards. A Clearance for a Second Dwelling Unit shall be approved provided the following development standards are met: (1) Minimum Lot Size. The lot size shall meet the minimum standards for the applicable district. (2) Setbacks. A Second Dwelling Unit shall maintain setbacks required in the zoning district in which it is located. In addition, a minimum of ten (10) feet shall be maintained between the primary dwelling and a detached Second Dwelling Unit. However, detached, single-story Second Dwelling Units may have a reduced rear yard setback of ten (10) feet. (3) Floor Area. The floor area of the Second Dwelling Unit for an attached unit shall not exceed 30% of the existing dwelling’s living area. The floor area of a detached Second Dwelling Unit shall not exceed 1,200 square feet.
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(4) Occupancy. An applicant pursuant to this section shall be an owner-occupant of either the primary or secondary dwelling unit. A deed restriction on a form prescribed by the Planning Department shall be recorded prior to building permit issuance. (5) Minimum Facilities. The Second Dwelling Unit shall include permanent provisions for independent living, sleeping, eating, cooking and sanitation within the unit. The primary residence and the Second Dwelling Unit may maintain separate utilities, subject to approval by the appropriate utility provider. Proposed Second Dwelling Units requiring wells and/or septic systems are subject to approval by the Environmental Health Department. (6) Appearance. The Second Dwelling Unit shall be designed and constructed so as to be compatible with the existing neighborhood in terms of height, form, and materials and the unit shall be subordinate to the primary residence. In addition, the unit must be located on a permanent foundation. (7) Parking Requirement. Parking required by this section is in addition to that required for the primary residence on the site as required by the applicable zone district. Each one (1) bedroom or studio Second Dwelling Unit shall provide at least one (1) off-street parking space. The parking requirement may be met by providing one (1) required parking space within the front yard setback and may be located in tandem with other on site parking. Second Dwelling Units with two (2) or more bedrooms shall meet the standard parking requirements of the applicable zone district. (8) Second Dwelling Unit With Nonconforming Primary Structure. With the exception of lot size, when the primary structure is nonconforming, a Second Dwelling Unit in compliance with the above design and development standards is still permitted, providing that the second dwelling unit does not increase the nonconformity. (9) Total Units. A maximum of one (1) second dwelling unit shall be permitted by this section. Total residential dwelling units on the parcel shall not exceed two (2) dwellings. (#1422) 12.16.500 Conditional Second Dwelling Unit Approval Process. Application for a Conditional Second Dwelling Unit shall be made to the Planning Department in writing on a form prescribed by the Planning Department as permitted by the applicable zone district. Said application shall be processed in accordance with Section 12.10.700. (#1422) 12.16.600 Conditional Use Development Standards. In zone districts where a Conditional Use Permit is required for a Second Dwelling Unit, the following minimum development standards shall be met: (1) Minimum Lot Size. Lots in the AE (Exclusive Agricultural) & A/RR (Agricultural/Rural Residential) zone districts shall be a minimum of 4.5 acres. (2) Setbacks. A Second Dwelling Unit shall maintain setbacks required in the zoning district in which it is located. In addition, a minimum of ten (10) feet shall be maintained between the primary dwelling and a detached Second Dwelling Unit. (3) The Second Dwelling Unit shall comply with the development standards of Section 12.16.400 (3) through (9). (#1422)
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12.16.700 Appeal. The applicant or other affected person(s) not satisfied with the action of the Planning Director or designated person(s) or Zoning Administrator may within ten (10) calendar days following the date of action appeal in writing to the Planning Commission. (#1422)
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CHAPTER 12.18 COMBINING ZONES Sections 12.18.010 12.18.020 12.18.030 12.18.040
Purpose Types of Combining Zones Development Standards “UP”, Use Permit Required Combining Zone
12.18.010 Purpose. Combining zones may be adopted by the Board of Supervisors to modify the underlying general zone district regulations where it is deemed necessary for any one or more purposes. Any combining zone may be attached to any commercial, industrial, residential, agricultural, or open space zone district. The intent is to use the combining zones to recognize special or unique circumstances where the base zone and its development standards may not be adequate to protect the public’s health, safety, or general welfare, or the combining zone is necessary to insure the protection of a unique or critical area of concern to the County, or the combining zone is deemed appropriate to expand permitted uses or limit permitted uses. 12.18.020 Types of Combining Zones. The Board of Supervisors may, from time to time, create combining zones for any number of purposes including, but not limited to, recognition of airport safety zones, to implement specific plan provisions, to acknowledge special design requirements for specific areas, to adopt site specific development standards, or to address important community concerns. 12.18.030 Development Standards. Where property includes a combining zone, development standards and/or permit requirements provided in the applicable ordinance reclassifying the property shall supersede those for the underlying zone district. If a standard is not addressed in the applicable ordinance reclassifying the property, it shall be governed by the standards established by the underlying zone district. 12.18.040 Use Permit Required Combining Zone. The purpose of the conditional use permit required (-UP) combining district is to identify sensitive areas of Yuba County where any proposed use or development will raise significant land use policy issues and/or community concerns and therefore, such use should not be considered for approval or disapproval without the level of study and public participation and review afforded by the conditional use permit process (Section 12.10.200). (1) The requirements and standards that apply to land uses within the –UP combining zone shall be the same as otherwise required for the base zone district, except that conditional use permit approval shall be required for all uses. (2) The Planning Director shall determine, based on the proposed use, site and circumstances, whether the conditional use permit will be heard by the Planning Commission or the Zoning Administrator (Section 12.10.700). (Ord. #1385)
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CHAPTER 12.20 "AE" EXCLUSIVE AGRICULTURAL ZONE Sections 12.20.010 Purpose 12.20.020 Sub-Zone and Lot Area 12.20.030 Permitted Uses 12.20.040 Uses Permitted With a Conditional Use Permit 12.20.045 Uses Permitted With a Minor Conditional Use Permit 12.20.050 Maximum Building Height 12.20.060 Minimum Distance Between Structures 12.20.070 Minimum Yard Requirements 12.20.080 Signs 12.20.090 Division of Land ______________________________ 12.20.010 Purpose. (1) To preserve the maximum amount of the limited supply of agricultural land which is necessary in the conservation of the County' s economic resources and vital for a healthy agricultural economy of the County. (2) To eliminate the encroachment of land uses which are incompatible with the agricultural uses of the land. (3) To prevent the unnecessary conversion of agricultural land to urban uses. (#906) 12.20.020 Sub-Zone and Lot Area. The minimum area of any lot or parcel of land for each "AE" subzone shall be as indicated below: Sub-Zone Minimum Parcel Size AE-10 10 Acres AE-40 40 Acres AE-80 80 Acres (#906) 12.20.030 Permitted Uses. The following uses and structures shall be permitted in the "AE" Zone: (1) One single family residence. (2) In addition to the residence allowed under paragraph (1) above, additional residences or mobile homes shall be permitted as follows: (a) One single family dwelling unit for each ten acres in AE-10 sub-zone. (b) One single family dwelling unit for each forty acres in AE-40 sub-zone. (c) One single family dwelling unit for each eighty acres in the AE-80 sub-zone. 01/14/10
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(3) Growing and harvesting any agricultural crop or product. (4) Aquiculture. (5) Game preserves or hunting or fishing clubs except those involving permanent dwellings, or buildings with waste disposal facilities. (6) Agricultural service establishments primarily engaged in performing agricultural animal husbandry services or horticultural services to farmers. (7) The use of implements of agriculture or aquiculture including aircraft, subject to all applicable regulations. (8) Livestock and fowl farming including raising, maintaining, and breeding of horses, cattle, hogs, rabbits, chickens and similar livestock. No barn, coop, stable or corral shall be located closer than 50 feet to any abutting dwelling, except for caretaker quarters. (9) Accessory buildings such as garages, carports, guest dwellings, lath houses, barns, greenhouses, gardening sheds, silos and dehydrators for agricultural products which are grown or produced on the premises and similar structures which are customarily used in conjunction with and incidental to a principal use or structure. (10) Home occupations as defined in Chapter 12.95. (11) Storage of materials used for the construction of a building, including the contractor' s temporary office, provided that such use is on the building site or immediately adjacent thereto, and provided further that such use shall be permitted only during the construction period and 30 days thereafter. (12) Stands for the purpose of displaying and selling agricultural, floricultural or farming products which are grown or produced on the premises, provided that there shall not be more than one stand per lot or parcel of land. The ground coverage of the stand shall not exceed 300 square feet, and it shall be set back from the street or highway right-of-way a distance of at least 20 feet. Such stand must be of good frame construction. (13) Temporary uses as defined in Chapter 12.105. (14) Windmills and domestic storage tanks. (15) Family Day Care Homes in accordance with Chapter 12.120. (16) Hobby Kennels on parcels forty (40) acres or more in Sub-zone AE-40 and eighty (80) acres or more in Sub-zone AE-80. (#906 as amended by #959, #1055 #1077 #1097 #1278, #1422) 12.20.040 Uses Permitted With a Conditional Use Permit. (a) The following uses and structures may be permitted in the "AE" Zone if a Conditional Use Permit has first been secured: (1) Railroad car cleaning and refurbishing operation. 01/14/10
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(2) Commercial storage, handling of agricultural chemicals. (3) Game preserves or hunting or fishing clubs with dwellings or buildings having waste disposal facilities. (4) Farm labor camps and structures for transient labor. (5) Animal sales yards (6) Commercial stables, riding academies. (7) Agricultural processing plants and facilities, such as wineries, distillers, dehydrators, canneries and similar agricultural uses. (8) Animal processing plants or rendering plants. (9) Public and private nonprofit nursery schools, elementary schools, junior high schools and colleges. (10) Churches, public playgrounds and parks. (11) Sales and services to farmers or farm-related activities. (12) Government buildings. (13) Kennels, animal hospitals and veterinarian' s offices. (14) Public utility buildings and public service or utility uses, (transmission and distribution lines excepted), including but not limited to reservoirs, storage tanks, pumping stations, telephone exchanges, power stations, transformer stations, service yards and parking lots. (15) Cemeteries, crematories, and mausoleums. (16) Living quarters for persons deriving their income from permanent, non-seasonal employment on the premises in conjunction with an agricultural use. (17) Sewage treatment plan and disposal area. (18) Commercial or public dumping and disposal areas. (19) Recreational vehicle and boat storage facilities. (20) Surface mining performed in conjunction with the excavation of a single pond per parcel having a storage capacity not in excess of 50 acre feet of water when such water is used for stock watering and domestic purposes. (21) Surface mining where the reclamation of the land is for agricultural production. (22) Gas exploration. (#906 as amended by #927, #1055 #1097 #1130 #1239, #1278, #1422)
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12.20.045 Uses Permitted With a Minor Conditional Use Permit. (1) Expansion of agricultural processing plants and facilities including, but not limited to, distillers, dehydrators, canneries, packing facilities and other similar uses that are not permitted under a previously approved Conditional Use Permit and do not result in more than a 25 percent increase in area. (2) Sales and services to farmers or farm-related activities that require 10 or less parking spaces pursuant to Chapter 12.85 (3) Second Dwelling Units in accordance with Chapter 12.16. (#1178 as amended by #1216, #1422) 12.20.050 Maximum Building Height. (1) Thirty-five (35) feet for residential structures. (2) Fifty (50) feet for agricultural buildings or structures. (3) Exceptions. Water tanks, silos, graineries, barns, pole buildings, electronic towers, antennas and similar structures of necessary mechanical appurtenances may exceed fifty (50) feet in height provided they do not exceed height restrictions in regulated airport approach zones. (#906) 12.20.060 Minimum Distance Between Structures. The distance between any accessory building and a dwelling unit shall not be less than six (6) feet. (#906) [*Also see section 12.20.030 (8)] 12.20.070 Minimum Yard Requirements. (1) Front Yard: Thirty Feet (30). Measurement to start at the edge of the existing "County Right-ofWay as shown on the adopted Yuba County Circulation Plan. (2) Side Yards: The minimum side yards shall be twenty-five (25) feet or 10 percent of the median lot width, whichever is less. (3) Rear Yard: The minimum rear yard shall be twenty-five (25) feet. (#906 as amended by #922) 12.20.080 Signs. All signs shall be subject to the provisions of Chapter 12.90. (#906) 12.20.090 Division of Land. All division of real property in the AE Zone as regulated in Chapter 11.15 of the Yuba County Ordinance Code shall comply with the following requirements: (1) The minimum size of any lot or parcel of land shall be as indicated in §12.20.020; unless otherwise noted below. (2) In order to separate property containing a residence or mobile home, one parcel of a maximum size of 5 acres may be created in the AE-40 zone and in the AE-80 zone, provided all other applicable ordinance code provisions are met. This provision shall not apply to parcels created after the effective date of Ordinance No. 953 (6-3-86). (3) Parcels in the AE-40 and AE-80 zones may be created below the minimum lots sizes if the proposed lot lines correspond to natural or manmade features, and the proposed division is recommended by the Yuba County Agricultural Commissioner. (#906 as amended by #959 and #1097) 01/14/10
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CHAPTER 12.25 "A/RR" AGRICULTURAL/RURAL RESIDENTIAL ZONE Sections: 12.25.010 Purpose 12.25.020 Permitted Uses 12.25.030 Uses Permitted with a Conditional Use Permit 12.25.035 Uses Permitted with a Minor Conditional Use Permit 12.25.040 Maximum Building Height 12.25.050 Signs: Maximum Distance Between Structures 12.25.060 Maximum Yard Requirements 12.25.070 Signs 12.25.080 Amended Division of Land 12.25.090 Repealed 12.25.010 Purpose. 1) To preserve the rural character and amenities of these lands best utilized for low density residential development. 2) To promote the most desirable use of land and the direction of building development in accordance with the General Plan. (Ord. #1375, as amended by #1395) 12.25.020 Permitted Uses. The following uses and structures shall be permitted in the A/RR" zone: 1) One single family residence. 2) In addition to the residence allowed under paragraph (1) above, one additional residence or mobile home for each parcel over ten (10) acres. 3) Growing and harvesting any agricultural crop or product. 4) The use of implements of husbandry including aircraft when used in growing crops or raising animals, except as may be regulated by other laws or regulations. 5) Aquiculture. 6) Game preserves or hunting or fishing clubs except those involving permanent dwellings, or buildings with waste disposal facilities. 7) Agricultural service establishments primarily engaged in performing agricultural animal husbandry services or horticultural services to farmers. 8) The use of implements of agriculture or aquiculture including aircraft, subject to all applicable regulations. 9) Livestock and fowl farming including raising, maintaining, and breeding of horses, cattle, 01/14/10
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hogs, rabbits, chickens and similar livestock. No barn, coop, stable or corral shall be located closer than 50 feet to any abutting dwelling except for caretaker quarters. The keeping of hogs shall not include more than one brood sow. Any additional brood sows shall constitute a hog farm and shall require a conditional Use Permit. 10) Accessory buildings such as garages, carports, guest dwellings, barns, lath houses greenhouses, gardening sheds, recreation rooms and similar structures which are customarily used in conjunction with and incidental to a principal use or structure. 11) Home occupations as defined in Chapter 12.95. 12) Storage of materials used for the construction of a building, including the contractor' s temporary office, provided that such use is on the building site or immediately adjacent thereto, and provided further that such use shall be permitted only during the construction period and 30 days thereafter. 13) Stands for the purpose of displaying and selling agricultural, floricultural or farming products which are grown or produced on the premises as well as related agricultural products, provided that there shall not be more than one stand per lot or parcel of land. The ground coverage of the stand shall not exceed 300 square feet, and it shall be set back from the street or highway right-of-way a distance of at least 20 feet. Such stand must be of good frame construction. 14) Accessory buildings or structures required for the storage of any crops, products, equipment or uses lawfully permitted or produced on the premises. 15) Family Day Care Homes in accordance with Chapter 12.120. (Ord. #1055, #1375, #1395) 12.25.030 Uses Permitted With A Conditional Use Permit. The following uses and structures may be permitted in the A/RR" Zone if a conditional Use Permit has first been secured: 1) Commercial uses as follows: a) Professional or government offices. b) Automotive service stations. c) Automotive repair when conducted within a building. d) Laundromats. e) Plant nurseries. f) Restaurants or bars. g) Retail stores. h) Barbershops, beauty parlors and similar personal service establishments. i) Motels, hotels, and inns. j) Equipment rental. k) Commercial stables, riding academies. 2) Industrial uses including wrecking yards, lumber yards and auction yards, except uses involving the use of noxious, radioactive, explosive or highly combustible materials in sufficient quantities to be incompatible with the purpose of the zone. 3) Game preserves or hunting or fishing clubs with dwellings or buildings having waste disposal facilities. 01/14/10
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4) Cemetery or mausoleum. 5) Commercial or public dumping and disposal areas. 6) Mobile home Parks. 7) Off-site Advertising Signs. (Also see section 12.90.030) 8) Recreational Vehicle Parks and Campgrounds. 9) Travel Trailer Parks. 10) Public and private nonprofit nursery schools, elementary schools, junior high schools, high schools and colleges. 11) Churches and religious institutions, private clubs and lodges, public playgrounds and parks. 12) Government buildings and property. 13) Public utility buildings and public service or utility uses, transmission and distribution lines excepted), including but not limited to reservoirs, storage tanks, pumping stations, telephone exchanges, power stations, transformer stations, service yards, parking lots and fire stations. 14) Sewage treatment plant and disposal area. 15) Hog farms. 16) Caretaker dwelling in addition to any permitted residences. 17) Kennels, animal hospitals and veterinary offices. 18) Residential Care facilities which serve more than six individuals. 19) Private utility transmission and distribution lines. 20) Day Care Centers. 21) Planned Unit Developments (See Chapter 12.80) (Ord. #959, #1055, #1375, and #1395) 12.25.035 Uses Permitted With A Minor Conditional Use Permit. 1) Uses listed under 12.25.030(1) a) through k) that require 10 or less parking spaces pursuant to chapter 12.85. 2) Second Dwelling Units in accordance with Chapter 12.16. (Ord. #1375, #1422) 12.25.040 Maximum Building Height. 1) Thirty-five 35) feet for residential structures. 01/14/10
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2) Fifty 50) feet for all agricultural, commercial, and industrial buildings. Electronic towers, antennas and similar structures of necessary mechanical appurtenances may exceed fifty (50) feet in height. (Ord. #1375) 12.25.050 Maximum Distance Between Structures. The distance between any accessory building and a dwelling unit shall not be less than six 6) feet. (Ord. #1375) (* Also see section 12.25.020 9) 12.25.060 Maximum Yard Requirements. 1) Front Yard: The minimum front yard shall be thirty 30) feet from the edge of the existing County right-of-way or easement. 2) Side Yards: the minimum side yards shall be twenty-five 25) feet or 10 percent of the median lot width, whichever is less. 3) Rear Yard: The minimum rear yard shall be twenty- five 25) feet. (Ord. #922, #1375, #1395) 12.25.070 Signs. All signs shall be subject to the provisions of Chapter 12.90. (Ord. #1395) 12.25.080 Division Of Land. 1) Lot sizes shall be consistent with the current Yuba County Zoning Map unless a Planned Unit Development is approved pursuant to Chapter 12.80 of the Yuba County Zoning Ordinance. 2) Notwithstanding anything to the contrary contained in this chapter, parcels which are developed with lawfully established commercial or industrial buildings may be created with minimum parcel sixes of less than 5 acres providing the resulting parcels comply with all other applicable provisions of the Yuba County Ordinance Code (Ord. #959) 3) A land division of less than 5 acres may be approved in order to permit separation of lawfully established dwelling units provided the following conditions are present: a) The parcel before division contains more than one detached residential dwelling unit; and b) The second or successive dwelling unit has been lawfully established prior to the effective date of this ordinance. (Ord. #959, #1395) 12.25.090 (Deleted) (Ord. #1375)
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CHAPTER 12.30 "RRE" RURAL RESIDENTIAL ESTATE ZONE Sections 12.30.010 Purpose 12.30.020 Permitted Uses 12.30.030 Uses Permitted With a Conditional Use Permit 12.30.040 Site Area and Configuration 12.30.050 Minimum Yard Requirements 12.30.060 Maximum Building Height 12.30.070 Minimum Distance Between Structures 12.30.080 Off-Street Parking 12.30.090 Signs 12.30.100 Walls and Fences ______________________________ 12.30.010 Purpose. The Rural Residential Estate Zone is intended to provide low density residential development to preserve the rural character and amenities of certain areas, and to allow limited numbers of animals to be kept for noncommercial purposes. Rural residential estate lots (minimum size of one (1) acre also serve as a transition between standard residential density development and agricultural lands. (#906) 12.30.020 Permitted Uses. The following uses and structures shall be permitted in the "RRE" Zone: (1) One Single-family residence. (2) In addition to the residence allowed under paragraph (1) above, one additional residence or mobilehome for each five (5) acres. (3) Game preserves or hunting or fishing clubs with dwellings or buildings having waste disposal facilities. (4) Growing and harvesting any agricultural crop or product. (5) Aquiculture. (6) Agricultural service establishments primarily engaged in performing agricultural animal husbandry serves or horticultural serves to farmers. (7) The use of implements of agriculture or aquiculture including aircraft, subject to all applicable regulations. (8) Accessory buildings such as garages, carports, barns, lath houses, greenhouses, gardening sheds, recreation rooms and similar structures which are customarily used in conjunction with and incidental to principal use or structure. (9) Home occupations as defined in Chapter 12.90. (10) Storage of materials used for the construction of a building, including the contractor' s temporary 01/14/10
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office, provided such use is on the building site or immediately adjacent thereto, and provided further that such use shall be permitted only during the construction period and 30 days thereafter. (11) The keeping of livestock and fowl except that hogs shall not be permitted on any parcel of less than one acre. The keeping of hogs shall not include more than one brood sow. Any additional brood sows shall constitute a hog farm and shall require a Conditional Use Permit. No pen, coop, stable or corral shall be kept or maintained closer than 50 feet from any abutting dwelling. (12) Stands for the purpose of displaying and selling agricultural, floricultural or farming products which are grown or produced on the premises, provided that there shall be not more than one stand per lot or parcel of land. The ground coverage of the stand shall not exceed 300 square feet, and it shall be set back from the street or highway right-of-way a distance of at least 20 feet. Such stand must be of good frame construction. (13) Family Day Care Homes in accordance with Chapter 12.120. (#906 as amended by #1055) 12.30.030 Uses Permitted With a Conditional Use Permit. The following uses and structures may be permitted in the "RRE" Zone if a Conditional Use Permit has first been secured: (1) Commercial stables, riding academies. (2) Public and private nonprofit nursery schools, elementary schools, junior high schools, high schools and colleges. (3) Game preserves or hunting or fishing clubs with dwellings or buildings having waste disposal facilities. (4) Churches and religious institutions, private clubs and lodges, public playgrounds and parks, private or public golf courses. (5) Sales and services to farmers or farm-related activities. (6) Government buildings and properties. (7) Kennels, animal hospitals and veterinarian' s offices. (8) Public utility buildings and public service or utility uses, (transmission and distribution lines excepted), including but not limited to reservoirs, storage tanks, pumping stations, telephone exchanges, power stations, transformer stations, service yards and parking lots. (9) Cemeteries, crematories, and mausoleums. (10) DELETED (#906 as amended by #1130 and #1239)
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12.30.040 Site Area and Configuration. (1) The minimum area of any lot or parcel of land in "RRE" Zone shall be one (1) acre. (2) Each lot or parcel of land shall abut a public street for a minimum of 60 feet; the minimum width shall be 120 feet, except as provided in ' 12.30.040(3). (3) The minimum lot width and street frontage requirements shall be waived where all of the following conditions exist: (a) The configuration of the lot prior to division does not permit division in accordance with standards set forth in §12.30.040(2). (b) The lot, prior to division, contains sufficient lot area to permit division into parcels which will each contain the minimum square footage required under the provisions of the zone. (c) The access width serving the parcel(s) will be not less than 20'for a single rear parcel, not less than 30'for an access serving two to four parcels, not less than 40'for an access serving 5 to 6 parcels or not less than 50'for access serving seven or more parcels. (#906 as amended by #1002) 12.30.050 Minimum Yard Requirements. (1) Front Yard: The minimum front yard shall be thirty (30) feet. (2) Side Yard, Corner lots: On corner lots, the side yard which is contiguous to the street shall not be less than thirty (30) feet in width. (3) Side Yard, Interior: The minimum side yards shall be ten (10) feet. (4) Side Yard, Driveway: When used for access to a parking facility, a side yard shall be wide enough for a ten (10) feet side unobstructed driveway. A side yard driveway shall be surfaced with Class II aggregate or equal. (5) Side Yard, Accessory Buildings: The side yard of any accessory building shall be the same as that required for the main building. (6) Rear Yard: The minimum rear yard shall be twenty-five (25) feet. (#906) 12.30.060 Maximum Building Height. (1) Thirty-five (35) feet for residential structures. (2) Fifty (50) feet for agricultural buildings or structures. (3) Exceptions. Water tanks, silos, granaries, barns, pole buildings, electronic towers, antennas and similar structures of necessary mechanical appurtenances may exceed airport height restrictions in regulated airport approach zones. (#906)
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12.30.070 Minimum Distance Between Structures. The distance between any accessory building and a dwelling unit shall not be less than six (6) feet. (#906) (* Also see section 12.30.020 (11)) 12.30.080 Off-Street Parking. Each lot or parcel of land one and one-half acres in size shall have on the same lot or parcel, space suitable for providing off-street parking for at least two (2) automobiles for each dwelling unit. Such parking facilities shall be conveniently accessible and located at a place where the erection of structures is permitted. Such parking facilities, along with the driveways, shall be paved with cement or asphaltic concrete. For all other uses, off-street parking shall be provided as prescribed in Chapter 12.85. (#906 as amended by #1130) 12.30.090 Signs. All signs shall be subject to the provisions of Chapter 12.90.000. (#906) 12.30.100 Walls and Fences. Fences, walls and hedges not exceeding eight (8) feet in height shall be permitted, except that in a required front yard, or side yard of a corner lot, a fence, wall or hedge shall not exceed three (3) feet in height. (#906)
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Sections
CHAPTER 12.35 "R-1" SINGLE FAMILY RESIDENTIAL ZONE
12.35.010 Purpose 12.35.020 Placement 12.35.030 Permitted Uses 12.35.040 Uses Permitted With a Conditional Use Permit 12.35.050 Site Area and Configuration 12.35.060 Minimum Yard Requirements 12.35.070 Maximum Building Height 12.35.080 Minimum Distance Between Structures 12.35.090 Off-Street Parking 12.35.100 Signs 12.35.110 Walls and Fences 12.35.120 Sidewalks and Landscaping ______________________________ 12.35.010 Purpose. (1) To provide living area within an area where development is limited to low density concentrations of single family dwellings. (2) To promote and encourage a suitable environment for family life. (3) To provide space for community facilities needed to complement urban residential areas and for institutions which require a residential environment. (4) To minimize traffic congestion and avoid an overload of utilities designed to service only low density residential use. (#906) 12.35.020 Placement. The placement of the R-1, Single Family Residential Zone, is to be limited to the unincorporated areas of the County which have sanitary sewer systems and a piped water system, or which is located within an established service area of a governmental district or utility company which can offer such services. (#906) 12.35.030 Permitted Uses. The following uses and structures shall be permitted in the "R-1" Zone: (1) One single-family residence. (2) Accessory buildings such as garages, carports, lath houses, green houses, gardening sheds, recreation rooms and similar structures which are customarily used in conjunction with and incidental to a principal use or structure. (3) Home occupation as defined in Chapter 12.95. (4) Storage of materials used for the construction of a building, including the contractor' s temporary office, provided that such use is on the building site or immediately adjacent thereto, and provided further that such use shall be permitted only during the construction period and 30 days thereafter. 01/14/10
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(5) Residential care facility serving not more than six (6) individuals with the exclusion of family members. (6) The keeping of livestock and fowl shall be permitted on any parcel of 1 acre or larger and shall conform to the following formula: Chickens, rabbits and 100 per acre similar small animals Horses, cattle, sheep, goats, 5 per acre and similar livestock, including hogs as further restricted as follows: Hogs, except no more than 2 for each acre up one brood sow to 5, 5 for each acre thereafter No barn, coop, stable, or corral shall be located closer than 50 feet to any dwelling, except for caretaker quarters. (7) Family Day Care Homes in accordance with Chapter 12.120. (8) Second Dwelling Unit in accordance with Chapter 12.16. (#906 as amended by #959, #1055, #1422) 12.35.040 Uses Permitted With a Conditional Use Permit. The following uses and structures may be permitted in the "R-1" Zone if a Conditional Use Permit has first been secured: (1) (Deleted) (2) Public and private nonprofit nursery schools, elementary schools, junior high schools, high schools and colleges. (3) Churches and religious institutions, private clubs and lodges, private or public playgrounds and parks, private or public golf courses. (4) Government buildings. (5) Public utility buildings and public service or utility uses (transmission and distribution lines excepted), including but not limited to reservoirs, storage tanks, pumping stations, telephone exchanges, power stations, transformer stations, service yards and parking lots. (6) Up to four (4) model homes, a temporary building used as a contractor' s office, a contractor' s storage and construction yard, and a real estate sales office in connection with marketing of a new subdivision in accordance with Section 12.10.700A(9). (7) Multi-family dwellings within the boundaries of the River Highlands Community Plan in accordance with Sections 12.40.050, 12.40.070, and 12.40.090 through Sections 12.40.170 provided that the height and densities for such development do not exceed two stories and ten dwelling units per gross acre. (8) Neighborhood Commercial uses identified in Sections 12.43.020(10), 12.43.020(12) and 12.43.020(13) within the boundaries of the River Highlands Community Plan in accordance with Sections 12.43.050 through 12.43.090 provided the site area does not exceed three gross acres in size, the site is served by public water and sewer, and the minimum distances between neighborhood shopping uses are one-half mile. (#906 as amended by #1130 #1145, #1239, #1422) 01/14/10
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12.35.050 Site Area and Configuration. (1) The minimum area of any lot or parcel of land shall be 6,000 square feet for interior lots and 7,365 square feet for corner lots, except in a Planned Unit Development project. (2) The minimum lot width of any lot or parcel of land shall be sixty (60) feet for interior lots and seventy five (75) feet for corner lots, and the minimum street frontage shall be forty (40) feet, except as provided for in Section 12.35.050(3). (3) The minimum lot width and street frontage requirements shall be waived where all of the following conditions exist: (a) The configuration of the lot prior to division does not permit division in accordance with standards set forth in 12.35.050(2). (b) The lot, prior to division, contains sufficient lot area to permit division into parcels which will each contain the minimum square footage required under the provisions of the zone. (c) The access width serving the parcel(s) will be not less than 20'for a single rear parcel, not less than 30'for an access serving two to four parcels, not less than 40'for an access serving 5 to 6 parcels, or not less than 50'for access serving seven or more parcels. (#906 as amended by #1,002 #1077 and #1130) 12.35.060 Minimum Yard Requirements. (1) Front Yard: The minimum front yard setback shall be twenty-seven (27) feet from the back of curb for residences and thirty-two (32) feet from the back of the curb for garages or carports, except as follows: (a) Two car enclosed garages may have a twenty-seven (27) foot setback from the back of curb where the access is by a swing driveway. (b) Development of infill interior lots within an established subdivision or neighborhood shall have a setback for residences which is equal to the average setback of the block. (c) The minimum front yard setback shall be reduced to twenty-two (22) feet from the back of curb when a garage providing off-street parking is constructed adjacent to the rear lot line and when access to said garage is provided by a rear alley. (2) Side Yard, Corner Lots: The side yard setback for corner lots shall be five (5) feet from the interior lot line and twenty-two (22) feet from the back of curb, except that a garage or carport having an entrance fronting on the street adjacent to the side yard shall be setback at least thirty-two (32) feet from the back of curb. (3) Side Yard, Interior: The minimum side yard shall be five (5) feet. (4) Side Yard, Driveway: When used for access to a parking facility, a side yard shall be wide enough for a ten (10) feet wide unobstructed driveway. The handle portion of a panhandle lot shall be considered as a side yard driveway. A side yard driveway shall be paved the entire length and width with cement or asphaltic concrete. (5) Side Yard, Accessory Buildings: The side yard of any accessory building shall be the same as that 01/14/10
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required for the main building. (6) Rear Yard: The minimum rear yard shall be twenty (20) feet. (7) Rear Yard, Accessory Buildings: An accessory building shall not be located closer than five (5) feet from the rear property line. (#906 as amended by #1002, #1055 #1077 and #1130) (8) Where a rear yard abuts dedicated, permanent public open space or similar area, a reduction in the required rear yard setback will be allowed as follows (Ord. #1374): 1.
Patio structures including patio covers attached to or detached from a main or accessory building and primarily open sided may extend into the minimum required rear yard setback, as follows: a) Patio structures or covers shall not exceed a maximum height of fifteen feet (15' ). b) Shall not be located closer than five feet (5' ) from the rear property line with eave allowed to within three feet (3' ) of the rear property line. c) Shall conform to all lot coverage requirements and any additional development standards including side yard setbacks.
12.35.070 Maximum Building Height. (1) Thirty (30) feet for any dwelling units. (2) Fifteen (15) feet for any accessory structures. (#906) 12.35.080 Minimum Distance Between Structures. The distance between any accessory building and a dwelling unit shall not be less than six (6) feet. (#906) 12.35.090 Off-Street Parking. Each lot or parcel of land shall have on the same lot or parcel, space suitable for providing off-street parking for at least two (2) automobiles for each dwelling unit. Such parking facilities shall be conveniently accessible and located at a place where the erection of structures is permitted. Such parking facilities, along with the driveways, shall be paved with cement or asphaltic concrete. For all other uses, off-street parking shall be provided as prescribed in Chapter 12.85. (#906) 12.35.100 Signs. All signs shall be subject to the provisions of Chapter 12.90.000. (#906) 12.35.110 Walls and Fences. (1) Fences, walls, and hedges not exceeding eight (8) feet in height shall be permitted, except that in a required front yard, or side yard of a corner lot, a fence, wall or hedge shall only be located in back of the sidewalk and shall not exceed three (3) feet in height. A fence or wall may be allowed to a height of four (4) feet provided that the additional one (1) foot height is not a solid material. (* Also see section 12.45.090 (3) for residential uses in commercial zones.) (2) For land divisions consisting of five (5) lots or more, a solid masonry wall not less than six (6) nor greater than eight (8) feet in height shall be built and maintained on those sides of property which abut an existing medium or high density residential use exceeding twelve (12) dwelling units per acre, a commercial use or an industrial use, or an urban collector or major arterial roadway as defined in the Circulation Element of the Yuba County General Plan. (#906 as amended by #1097 and #1130) 12.35.120 Sidewalks and Landscaping: 01/14/10
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(1) Sidewalks shall be placed at a minimum distance of eight (8) feet behind the back of curb in accordance with Chapters 11.15 and 11.35 of the Yuba County Ordinance Code. The Zoning Administrator may approve placement of sidewalks along the curb for infill developments which will have less than 200 feet of road frontage. (2) Live landscaping and matching street trees shall be planted in accordance with Chapter 12.87 of the Yuba County Ordinance Code. (3) All sidewalks, landscaping and street trees required in Sections 12.35.120(1) and 12.35.120(2) shall be maintained by the abutting property owner unless a special district has been established for said maintenance. (#1077)
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CHAPTER 12.40 "R-2" MEDIUM DENSITY RESIDENTIAL ZONE "R-3" HIGH DENSITY RESIDENTIAL ZONE Sections 12.40.010 Purpose 12.40.020 Placement 12.40.030 Permitted Uses 12.40.040 Uses Permitted With a Conditional Use Permit 12.40.050 Site Area and Configuration 12.40.060 Minimum and Maximum Densities 12.40.070 Minimum Yard Requirements 12.40.080 Maximum Yard Requirements 12.40.090 Minimum Distance Between Structures 12.40.100 Lot Coverage 12.40.110 Off-Street Parking 12.40.120 Driveway 12.40.130 Signs 12.40.140 Walls and Fences 12.40.150 Trash Storage 12.40.160 Sidewalks and Landscaping ______________________________ 12.40.010 Purpose. (1) To reserve appropriately located areas for family living in a variety of dwelling types at a reasonable range of population densities. (2) To ensure adequate light, air, privacy, and open space for each dwelling unit. (3) To promote the most desirable use of land and direction of building development in accordance with the General Plan. (#906) 12.40.020 Placement. The placement of the "R-2" and "R-3" Zones, are to be limited to the unincorporated areas of the County which have sanitary sewer systems and a piped water system, or which are located within an established service area of a governmental district or utility company which can offer such services. (#906) 12.40.030 Permitted Uses. The following uses and structures shall be permitted in the "R-2" and "R-3" Zones: (1) Single-family residences. (2) Multi-family dwellings. (3) Accessory buildings such as garages, carports, lath houses, greenhouses, gardening sheds, recreation rooms and similar structures which are customarily used in conjunction with and incidental to a principal use or structure. 01/14/10
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(4) Home occupation as defined in Chapter 12.95. (5) Storage of materials used for the construction of a building, including the contractor' s temporary office, provided that such use is on the building site or immediately adjacent thereto, and provided further that such use shall be permitted only during the construction period and 30 days thereafter. (6) Residential care facility serving not more than six (6) individuals with the exclusion of family members. (7) The keeping of livestock and fowl shall be permitted on any parcel of 1 acre or larger and shall conform to the following formula: Chickens, rabbits and 100 per acre similar small animals Horses, cattle, sheep, goats, 5 per acre and similar livestock, including hogs as further restricted as follows: Hogs, except no more than 2 for each acre up one brood sow to 5, 5 for each acre thereafter No barn, coop, stable, or corral shall be located closer than 50 feet to any abutting dwelling, except for caretaker quarters. (8) Family Day Care Homes in accordance with Chapter 12.120. (#906 as amended by #1055) 12.40.040 Uses Permitted With a Conditional Use Permit. The following uses and structures may be permitted only if a Conditional Use Permit has first been secured: (1) Boarding and rooming houses. (2) Mobilehome parks. (3) Convalescent hospitals. (4) Public and private nonprofit nursery schools, elementary schools, junior high schools, high schools and colleges. (5) Churches and religious institutions, private clubs and lodges, private or public playgrounds and parks, private or public golf courses. (6) Government buildings. (7) Public utility buildings and public service or utility uses (transmission and distribution lines excepted), including but not limited to reservoirs, storage tanks, pumping stations, telephone exchanges, power stations, transformer stations, service yards and parking lots. (#906) (8) Residential care facility serving more than six (6) individuals with the exclusion of family members. (9) The following lot configurations and yard setbacks in conjunction with development of single family residences where an innovative design concept is proposed that would not be reasonable using the criteria under Section 12.40.050 in the R-2 and R-3 zone: (a) The minimum lot width shall be forty (40) feet for interior lots and sixty (60) feet for corner lots. 01/14/10
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(b) The minimum net lot area of interior lots shall average 4,200 square feet. The minimum net lot area of corner lots shall be a minimum of 5,865 feet. (c) Side Yard, Corner Lots: The minimum side yard setbacks shall be five (5) feet from the interior lot line and twenty-two (22) feet from the back of curb. The side yard setback from one interior lot line may be eliminated when a "Zero Lot Line" or "Z Lot" configuration is proposed. (d) Side Yard, Interior Lots: The total minimum side yard setback shall be ten (10) feet. (e) Rear Yard: The minimum rear yard setback shall be ten (10) feet. (#906 as amended by #1055 and #1130) 12.40.050 Site Area and Configuration. (1) The minimum area of any lot or parcel of land shall be 6,000 square feet for interior lots and 7,365 square feet for corner lots, except in a Planned Unit Development project or as provided in Section 12.40.040(9). (2) The minimum lot width of any lot or parcel of land shall be sixty (60) feet for interior lots and seventy five (75) feet for corner lots, and the minimum street frontage shall be forty (40) feet, except in a Planned Unit Development project or as provided for in Sections 12.40.040(9) or 12.40.050(3). (3) The minimum lot width and street frontage requirements shall be waived where all of the following conditions exist: (a) The configuration of the lot prior to division does not permit division in accordance with standards set forth in 12.40.050(2). (b) The lot, prior to division, contains sufficient lot area to permit division into parcels which will each contain the minimum square footage required under the provisions of the zone. (c) The access width serving the parcel(s) will be not less than 20'for a single rear parcel, not less than 30' for an access serving 5 to 6 parcels, or not less than 50'for access serving seven or more parcels. (#906 as amended by #1002 #1077 and #1130) 12.40.060 Minimum and Maximum Densities. Residential development shall be consistent with the following range of densities: (1)“R-2” – 8 to 17 dwellings per acre, or 8 to 19 dwellings per acre within a Planned Unit Development project. (2) “R-3” – 14 to 29 dwellings per acre, or 14 to 32 dwellings per acre within a Planned Unit Development project. In computing the number of units allowed, fractions shall not count. (#906, as amended by #1335) 12.40.070 Minimum Yard Requirements. (1) Front Yard: The minimum front yard setback shall be twenty-seven (27) feet from the back of curb for 01/14/10
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residences and thirty-two (32) feet from the back of curb for garages or carports, except as follows: (a) Two car enclosed garages may have a twenty-seven foot setback where the access is by a swing driveway. (b) Development of infill interior lots within an established subdivision or neighborhood shall have a setback for residences which is equal to the average setback of the block. (#906 as amended by#1002, #1055, #1077, and #1130) (2) Side Yard, Corner Lots: The side yard setback for corner lots shall be five (5) feet from the interior lot line and twenty-two (22) feet from the back of curb, except as provided for in Section 12.40.040(9). A garage or carport having an entrance fronting on the street adjacent to the side yard shall be set back at least thirty-two (32) feet from the back of curb. (#906 as amended by#1002, #1055, #1077, and #1130) (3) Side Yard, Interior: The minimum side yard shall be five (5) feet (except as provided for in Section 12.40.040(9). (#906 as amended by#1002, #1055) (4) Side Yard, Accessory Buildings: The side yard of any accessory building shall be the same as that required for the main building. (#906 as amended by#1002, #1055) (5) Rear Yard, Interior: The minimum rear yard shall be fifteen (15) feet (except as provided for in Section 12.40.040(9). (#906 as amended by#1002, #1055) (6) Rear Yard, Accessory Buildings: An accessory building shall not be located closer than five (5) feet from the rear property line. (#906 as amended by #1002, #1055 #1077 and #1130) (7) Where a rear yard abuts dedicated, permanent public open space or similar area, a reduction in the required rear yard setback will be allowed as follows (Ord. #1374): 1. Patio structures including patio covers attached to or detached from a main or accessory building and primarily open sided may extend into the minimum required rear yard setback, as follows: a) Patio structures or covers shall not exceed a maximum height of fifteen feet (15' ). b) Shall not be located closer than five feet (5' ) from the rear property line with eave allowed to within three feet (3' ) of the rear property line. C. Shall conform to all lot coverage requirements and any additional development standards including side yard setbacks. 12.40.080 Maximum Building Height. (1) Thirty (30) feet for any dwelling units. (2) Fifteen (15) feet for any accessory structures. (#906) 12.40.090 Minimum Distance Between Structures. The distance between any accessory building and a dwelling unit shall not be less than six (6) feet. (#906) (* Also see section 12.40.030 (7).) 12.40.100 Lot Coverage. The maximum lot area covered by all buildings, including accessory buildings and structures, shall be 60 percent. 01/14/10
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12.40.110 Off-Street Parking. Each lot or parcel of land shall have on the same lot or parcel, space suitable for providing off-street parking for at least two (2) automobiles for each dwelling unit. Such parking facilities shall be conveniently accessible and located at a place where the erection of structures is permitted. Such parking facilities, along with the driveways, shall be paved with cement or asphaltic concrete. For all other uses, off-street parking shall be provided as prescribed in Chapter 12.85. (#906) 12.40.130 Signs. All signs shall be subject to the provisions of Chapter 12.90.000. (#906) 12.40.140 Walls and Fences. (1) Fences, walls and hedges not exceeding eight (8) feet in height shall be permitted, except that in a required front yard, or side yard of a corner lot, a fence, wall or hedge shall only be located in back of the sidewalk and shall not exceed three (3) feet in height. A fence or wall may be allowed to a height of four (4) feet provided that the additional one (1) foot height is not of a solid material. (2) For medium or high density residential projects exceeding twelve (12) dwelling units per acre, a solid masonry wall not less than six (6) nor greater than eight (8) feet in height shall be built and maintained on those sides of property which abut a low density residential zone or an existing commercial or industrial use. This provision shall be met before the Certificate of Occupancy may be issued by the Building Official. (#906 as amended by #1097 and #1130) 12.40.150 Trash and Storage. All common refuse collection areas shall be enclosed on at least three (3) sides by a five (5) foot high wall, said wall shall be constructed of masonry or other material as specifically approved by the Planning Director. (#906, #1405) 12.40.160 Sidewalks and Landscaping: (1) Sidewalks shall be placed at a minimum distance of eight (8) feet behind the back of curb in accordance with Chapters 11.15 and 11.35 of the Yuba County Ordinance Code. The Zoning Administrator may approve placement of sidewalks along the curb for infill developments which will have less than 200 feet of road frontage. (2) Live landscaping and matching street trees shall be planted in accordance with Chapter 12.87 of the Yuba County Ordinance Code. (3) All sidewalks, landscaping and street trees required in Sections 12.40.160(1) and 12.40.160(2) shall be maintained by the abutting property owner unless a special district has been established for said maintenance. (#1077 amended by #1130)
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CHAPTER 12.42 "NC" NEIGHBORHOOD COMMERCIAL ZONE Sections 12.42.010 Purpose 12.42.020 Permitted Uses 12.42.030 Uses Permitted With a Conditional Use Permit 12.42.035 Uses and Structures Permitted With a Minor Conditional Use Permit 12.42.040 Public Facilities 12.42.045 Lot Coverage 12.42.050 Hours of Operation 12.42.055 Minimum Yard Requirements 12.42.060 Maximum Building Height 12.42.070 Off-Street Parking 12.42.080 Signs 12.42.090 Walls and Fences 12.42.100 Trash and Storage 12.42.110 Division of Land 12.42.120 Sidewalks and Landscaping ______________________________ 12.42.010 Purpose. (1) To provide areas for small localized retail, office and service businesses. (2) To allow for the retail sale of goods and merchandise serving the immediate surrounding area. (3) To protect surrounding residential properties against congestion and inappropriate land use. (#1357, #1403) 12.42.020 Permitted Uses. The following uses conducted with an existing building, and containing adequate parking, shall be permitted in the “NC” Zone: (1) Retail trade establishments conducted within an existing building, including but not limited to: (a) General merchandise stores. (b) Food markets including the sale of beer and wine. (c) Apparel stores. (d) Drug stores. (2) Financial, Insurance and Real Estates establishments. (3) Service establishments including but not limited to: (a) Personal service, barber shops, beauty shops, dry cleaners, shoe repair. 01/10
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(b ) Business services. (c) Professional services. (d) General offices. (e) Legal services. (f) Health clubs, fitness centers, gyms, and athletic clubs. (4) Churches and religious institutions. (5) Family Day Care Homes and Day Care Centers in accordance with Chapter 12.120. (6) Private Clubs, Lodges and Fraternal Organizations. (7) Single-family residence. (#1357, #1403) 12.42.030 Uses Permitted With a Conditional Use Permit. The following uses and structures may be permitted only if a Conditional Use Permit has been secured: (1) Eating and drinking places. (2) Medical offices. (3) Parks and playgrounds. (4) Tattoo and piercing parlors. (5) Laundromats. (6) Mini-storage, located entirely within an enclosed structure. (7) Government and Emergency Service Facilities (#1357, #1403, #1488) 12.42.035 Uses and Structures Permitted With a Minor Conditional Use Permit. (1) Residential uses permitted in the R-1 Zone. (2) Structures necessary to accommodate usage identified in section 12.42.020. (#1357, #1403) 12.42.040 Public Facilities: All developments shall be provided with domestic water and sanitary sewer if available. (#1357, #1403) 12.42.045 Lot Coverage. Structures shall cover no more than 30% of the gross site area. A minor conditional use permit may be issued to allow up to 45% site coverage. (#1357, #1403) 12.42.050 Hours of Operation: Businesses may operate between the hours of 7 a.m. and 8 p.m., unless a minor conditional use permit has been issued for extended hours of operation for the specified use. (#1357, #1403) 01/10
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12.42.055 Minimum Yard Requirements: (1) Front Yard: five foot front yard shall be required except where the frontage in a block is partially in a residential district. Where a public street does not provide for a public street does not provide for a sidewalk within the right-of-way, a 10 foot setback shall be provided. (2) Side Yard: four foot side yard shall be required, except where the side yard of a lot abuts the side of a lot in a residential district in which case the side yard shall be not less than five (5) feet. (3) Rear Yards: five foot rear yard shall be required, except where the rear of a lot abuts a residential district, in which case the rear yard shall be not less than ten (10) feet. (4) Setbacks may be amended or eliminated with a minor conditional use permit. (#1357 #1403) 12.42.060 Maximum Building Height: No building or structure in this zone shall exceed 35 feet. (#1357, #1403) 12.42.070 Off-Street Parking: Off-street parking shall be subject to the provisions of Chapter 12.85.000. However, parking may be based on net floor area to exclude storage. (#1357, #1403) 12.42.080 Signs: Signage shall be limited to uses allowed under Chapter 12.90.000 and shall not exceed twenty-five (25) square feet. (#1357, #1403) 12.42.090 Walls and Fences: (1) Walls and fences for Conditional Uses shall be determined in conformance with the character of the neighborhood in which the use is to be situated, including trash and storage pursuant to 12.42.100. (2) A solid masonry wall or wood fence not less than six (6) nor greater than eight (8) feet in height shall be built and maintained on those sides of property which abut a residential zone. This provision shall be met before the Certificate of Occupancy may be issued by Community Development and Services Agency' s Building Official. (3) Fencing along front and side yards which abuts a public right-of-way shall be subject to review and approval by the Planningt Director or the Director' s designee. (4) Chain link fences are prohibited on those sides of property adjacent to a public right-of-way. (#1357, #1403) 12.42.100 Trash and Storage. All outdoor refuse collection areas shall be enclosed on at least three (3) sides by a five (5) foot high wall. The wall shall be constructed of masonry or other material as specifically approved by the Planning Director. (#1357, #1403) 12.42.110 Division of Land. All division of real property as regulated in Chapter 11.15 of the Yuba County Ordinance Code shall comply with the following requirements: (1) The minimum area of any lot or parcel of land shall be six thousand (6,000) gross square feet when provided with domestic water, sanitary sewer, and storm water drainage systems. (2) The minimum area of any lot or parcel of land shall be twenty thousand (20,000) net square feet 01/10
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when domestic water, sanitary sewer, or storm water drainage systems are not available. (#1357, #1403) 12.42.120 Sidewalks and Landscaping: (1) Sidewalks shall be placed at a minimum distance of four (4) feet behind the back of curb. The Zoning Administrator may approve placement of sidewalks along the curb of infill developments which will have less than 200 feet of road frontage. (2) Live landscaping and matching street trees shall be planted in accordance with Chapter 12.87 of the Yuba County Ordinance Code, or as determined by an approved minor conditional use permit. (3) All sidewalks, landscaping and street trees required in Sections 12.45.120(1) and 12.45.120(2) shall be maintained by the property owner unless a special district has been established for said maintenance. (#1357, #1403)
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CHAPTER 12.43 “RC” RURAL COMMERCIAL ZONE Sections 12.43.010 Purpose 12.43.020 Permitted Uses 12.43.030 Uses Permitted With a Conditional Use Permit 12.43.040 Public Facilities 12.43.050 Minimum Yard Requirements 12.43.060 Maximum Building Height 12.43.070 Off-Street Parking 12.43.080 Signs 12.43.090 Walls and Fences 12.43.100 Division of Land _________________________________________________ 12.43.010 Purpose. (1)To provide for the location of Commercial uses within a limited and appropriate area of a rural community. (2)To enhance rural community identity. (3)To encourage development of rural community business centers where a range of goods and services may be provided. (#906, #1403) 12.43.020 Permitted Uses. The following uses and structures shall be permitted in the “RC” Zone: (1) One single family residence, or manufactured dwelling, in conjunction with a commercial use. (2) One single family residence or manufactured dwelling not in conjunction with a commercial use providing that the remaining useable major public road frontage of the parcel on which such dwelling is placed is minimum of two hundred (200) feet. (3) Growing and harvesting any agricultural crop or product and the use of implements of husbandry excluding aircraft in such pursuit. (4) Accessory buildings used in conjunction with and incidental to a principal use or structure. (5) Home occupations as defined in Chapter 12.95. (6) Storage of materials used for the construction of a building, including the contractor’s temporary office, provided that such use is on the building site or immediately adjacent thereto, and provided further that such use shall be permitted only during the construction period and 30 days thereafter. (7) Accessory buildings or structures required for the storage of any crops, products, equipment or uses 01/10
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lawfully permitted or produced on the premises. (8) Livestock and fowl farming including raising, maintaining, and breeding of horses, cattle, hogs, rabbits, chickens and similar livestock. No barns, coops, stable or corral shall be located closer than 50 feet to any abutting dwelling, except for caretaker quarters. The keeping of hogs shall not include more than one brood sow. Any additional brood sows shall constitute a hog farm and shall require a Conditional Use Permit. (9) Windmills, tank house, buildings or shelters for farm equipment and machinery, water wells, water reservoirs and storage tanks. (10) Retail trade establishments including but not limited to: (a) General merchandise stores. (b) Food stores. (c) Apparel stores. (d) Drug stores. (e) Liquor stores. (f) Eating and drinking places. (g) Automotive supply. (h) Automotive service stations, repair garages and tire sales excluding painting and body work providing repair is conducted solely within a building. (i) Equipment rental when conducted within a building. (11) Wholesale trade establishments excluding warehouses, when conducted solely within a building. (12) Financial, insurance and real estate establishments. (13) Service establishments including but not limited to: (a) Personal services, barber shops, beauty shops, laundries, dry cleaners, shoe repair. (b) Business services. (d) Professional services. (d) General offices including government offices. (e) Health clubs, fitness centers, gyms, and athletic clubs. (f) Legal services. (g) Educational services, libraries, vocational and technical schools. 01/10
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(h) Medical and health services. (i) Amusement and recreation services excluding video arcades displaying material of a sexual nature. (j) Hotels and motels. (14) Underground public utility facilities. (15) Public utility transmission and distribution lines. (16) Churches or religious institutions. (17) Family Day Care Homes and Day Care Centers in accordance with Chapter 12.120. (#906 as amended by #1055, #1403) 12.43.030 Uses Permitted With a Conditional Use Permit. The following uses and structures may be permitted only if a Conditional Use Permit has first been secured: (1) Automobile dealers. (2) Mobilehome sales. (3) Automotive paint and body shops. (4) Ambulance service. (5) Animal hospital without outdoor kennels. (6) Bottled gas sale and related storage. (7) Cabinet shop. (8) Hospital, acute care. (9) Household moving and storage service. (10) Mini-storage warehouses. (11) Pest control (12) Building supplies store and yard. (13) Auto wash, self service or automatic (14) Bus depot. (15) Equipment sales and rental involving outdoor storage. (16) “Drive-in” theater. 01/10
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(17) Public and private nursery schools, elementary schools, junior high schools, high schools and colleges. (18) Private clubs and lodges and fraternal organizations. (19) Public playgrounds and parks. (20) Private or public golf courses. (21) Public utility facilities, accessory structures, and service yards. (22) Recreational vehicle and travel trailer parks. (#906, #1403) 12.43.040 Public Facilities. All developments shall be provided with approved domestic water, waste water disposal and storm water drainage facilities. 12.43.050 Minimum Yard Requirements. (1) Front Yard: No front yard shall be required. (2) Side Yard: The side yard shall be not less than five (5) feet. (3) Rear Yard: the rear yard shall be not less than twenty (20) feet. (#906, #1403) 12.43.060 Maximum Building Height. No building or structure in this zone shall exceed 35 feet, except as otherwise permitted with a Conditional Use Permit. 12.43.070 Off-Street Parking. Off-street parking shall be subject to the provisions of Chapter 12.85. (#906) 12.43.080 Signs. All signs shall be subject to the provisions of Chapter 12.90. 12.43.090 Walls and Fences. (1) Walls and fences for Conditional Uses shall be determined by the Planning Commission in conformance with the character of the neighborhood in which the use is to be situated. (#906, #1403) 12.43.100 Division of Land. All division of real property as defined in Chapter 11.15 of the Yuba County Ordinance Code shall comply with the following requirements: (1) The minimum area of any lot or parcel of land shall be twenty thousand (20,000 square feet unless connected to a public or private sewer system whereupon the minimum area of a lot or parcel of land shall be six thousand (6,000) square feet. (2) Each lot or parcel shall have a minimum of 60 feet of public road frontage. (#906, #1403)
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CHAPTER 12.45 "C" GENERAL COMMERCIAL ZONE Sections 12.45.010 Purpose 12.45.020 Permitted Uses 12.45.030 Uses Permitted With a Conditional Use Permit 12.45.035 Uses Permitted With a Minor Conditional Use Permit 12.45.040 Public Facilities 12.45.050 Minimum Yard Requirements 12.45.060 Maximum Building Height 12.45.070 Off-Street Parking 12.45.080 Signs 12.45.090 Walls and Fences 12.45.100 Trash and Storage 12.45.110 Division of Land 12.45.120 Sidewalks and Landscaping ______________________________ 12.45.010 Purpose. (1) To promote the most desirable use of land and direction of building development in accordance with the General Plan. (2) To strengthen the economic base of the County and to protect the County' s tax revenues. (3) To protect both retail development and nearby residences against congestion, particularly in areas where the established pattern is predominantly residential but includes local retail uses by regulating the intensity of local retail development. (#906, #1403) 12.45.020 Permitted Uses. The following uses and structures shall be permitted in the "C" Zone: (1) All permitted uses in ' 12.35.030 (R-1 Zone) subject to the development standards contained in 12.35.060 through 12.35.160 (* Note that section 12.45.090 (3) prohibits chain link fencing adjacent to public rights-of-way in the “C” zone.) and multi-family development between 14 and 29 dwellings per acre provided that one or more of the policies of the Housing Element are included in the development subject to the development standards contained in 12.40.060 through 12.40.160. (#1335) (2) Retail trade establishments conducted primarily within a building, including but not limited to: (a) General merchandise stores (b) Food stores (c) Apparel stores (d) Drug stores (e) Liquor stores 01/10
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(f) Eating and drinking places (g) Automotive supplies (3) Wholesale trade establishments excluding warehouses, when conducted solely within a building. (4) Financial, Insurance and Real Estate establishments. (5) Service establishments including but not limited to: (i) Personal service, barber shops, beauty shops, laundries, dry cleaners, shoe repair (b) Business services (j) Professional services (d) General offices including government offices (e) Health clubs, fitness centers, gyms, and athletic clubs (g) Legal services (c) Educational services, libraries, vocational and technical schools (h) Medical and health services (a) Amusement and recreation services excluding video arcades displaying material of a sexual nature (f) Hotels and motels (6) Underground public utility transmission and distribution lines (7) Public utility transmission and distribution lines (8) Churches and religious institutions (9) Automobile dealers (new and used). (10) Mobilehome sales (11) Automobile service stations, repair garages and tire sales excluding painting and body work providing repair is conducted within a building. (12) Family Day Care Homes in accordance with Chapter 12.120. (#906 as amended by #992, #1055, #1335, #1403) 12.45.030 Uses Permitted With a Conditional Use Permit. The following uses and structures may be permitted only if a Conditional Use Permit has first been secured: 01/10
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(1) Deleted (#1335) (2) Animal hospital without outdoor kennels. (3) Bottled gas sale and related storage. (4) Pest control service. (5) Building supplies store and yard. (6) Bus depot. (7) Equipment sales and rental involving outdoor storage. (8) "Drive-in" theater. (9) Public and private nursery schools, elementary schools, junior high schools, high schools and colleges. (10) Public playgrounds and parks. (11) Private or public golf courses. (12) Public utility facilities, accessory structures, and service yards. (#906 as amended by #1178, #1403) 12.45.035 Uses Permitted With a Minor Conditional Use Permit. (1) Automobile paint and body shops. (2) Ambulance service. (3) Cabinet shop. (4) Hospital, Acute Care. (5) Household moving and storage service. (6) Mini-storage warehouse. (7) Auto wash, self service or automatic. (8) Private clubs and lodges and fraternal organizations. (9) Bottled gas sale and related storage involving containers less than 1,000 gallons in size. (#1178 as amended by #1239, #1403) 12.45.040 Public Facilities. All developments shall be provided with domestic water, sanitary sewer, and storm water drainage system. (#906, #1403) 01/10
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12.45.050 Minimum Yard Requirements. (1) Front Yard: The minimum front yard shall be required, except where the frontage in a block is partially in a residential district, in which case the front yard shall be the same as required in such residential district. Where a public street does not provide for a sidewalk within the right-of-way, a 10 foot setback shall be provided. (2) Side Yard: No side yard shall be required, except where the side yard of a lot abuts the side of a lot in a residential district in which case the side yard shall be not less than fifteen (15) feet. (3) Rear Yards: No rear yard shall be required, except where the rear of a lot abuts a residential district, in which case the rear yard shall be not less than twenty (20) feet. (#906, #1403) 12.45.060 Maximum Building Height. No building or structure in this zone shall exceed 35 feet, except as otherwise permitted with a Conditional Use Permit. (#906, #1403) 12.45.070 Off-Street Parking. Off-street parking shall be subject to the provisions of Chapter 12.85.000. (#906, #1403) 12.45.080 Signs. All signs shall be subject to the provisions of Chapter 12.90.000. (#906, #1403) 12.45.090 Walls and Fences. (1) Walls and fences for Conditional Uses shall be determined by the Planning Commission in conformance with the character of the neighborhood in which the use is to be situated. (2) A solid masonry wall not less than six (6) nor greater than eight (8) feet in height shall be built and maintained on those sides of property which abut a residential zone. This provision shall be met before the Certificate of Occupancy may be issued by the Community Development and Services Agency' s Building Official. (3) Fencing along front and side yards which abuts a public right-of-way shall be subject to review and approval by the Planning Director or the Director' s designee. Chain link fences are prohibited on those sides of property adjacent to a public right-of-way. (#906 as amended by #1130, $1403) 12.45.100 Trash and Storage. All refuse collection areas shall be enclosed on at least three (3) sides by a five (5) foot high wall, said wall shall be constructed of masonry of other material as specifically approved by the Planning and Building Services Director. (#906 as amended by #1130, #1403) 12.45.110 Division of Land. All division of real property as regulated in Chapter 11.15 of the Yuba County Ordinance Code shall comply with the following requirements: (1) The minimum area of any lot or parcel of land shall be six thousand (6,000) square feet. (2) Each lot shall have a minimum of 60 feet frontage. (3) Shall be provided with domestic water, sanitary sewer, and storm water drainage systems. (#906, #1403) 12.45.120 Sidewalks and Landscaping: 01/10
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(1) Sidewalks shall be placed at a minimum distance of eight (8) feet behind the back of curb in accordance with Chapters 11.15 and 11.35 of the Yuba County Ordinance Code. The Zoning Administrator may approve placement of sidewalks along the curb of infill developments which will have less than 200 feet of road frontage. (2) Live landscaping and matching street trees shall be planted in accordance with Chapter 12.87 of the Yuba County Ordinance Code. (3) All sidewalks, landscaping and street trees required in Sections 12.45.120(1) and 12.45.120(2) shall be maintained by the abutting property owner unless a special district has been established for said maintenance. (#1077, #1403, #1405)
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CHAPTER 12.50 "M-1" GENERAL INDUSTRIAL ZONE Sections 12.50.010 Purpose 12.50.020 Permitted Uses 12.50.030 Uses Permitted With a Conditional Use Permit 12.50.040 Site Area and Configuration 12.50.060 Minimum Yard Requirements 12.50.070 Maximum Building Height 12.50.080 Off-Street Parking 12.50.090 Signs 12.50.100 Walls and Fences 12.50.110 Trash Storage ______________________________ 12.50.010 Purpose. (1) To reserve appropriately located areas for industrial plants and related activities. (2) To protect areas appropriate for industrial use from intrusion by residential dwellings and other conflicting uses. (3) To protect residential and commercial properties and nuisance-free, nonhazardous industrial uses from noise, odor, dust, dirt, smoke, vibration, heat, glare, fire, explosion, noxious fumes, radiation and other hazards and objectionable influence incidental to certain industrial uses. 4) To promote the most desirable use of land and development in accordance with the General Plan of Yuba County. (#906) 12.50.020 Permitted Uses. The following manufacturing, fabricating, processing and storage uses and associated structures shall be permitted in this zone: (1) Apparel and finished products made from fabric and similar materials. (2) Concrete and asphalt mixing plants. (3) Food and beverages including ice, dry ice and cold storage. (4) Furniture, fixtures and cabinets. (5) Instruments, optics, photographic equipment and supplies. (6) Jewelry, silverware and metalware. (7) Leather and leather products. (8) Lumber and wood products including mobilehome, modular home and prefabricated structures. 01/10
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(9) Machinery including electrical, electronic and communications. (10) Metal products. (11) Miscellaneous goods and supplies including but not limited to armaments, musical instruments, toys and games, sporting and athletic goods and artists materials. (12) Stone, clay, glass and concrete products. (13) Textiles. (14) Transportation equipment and machinery. The following non-manufacturing uses and associated structures shall be permitted in this zone: (15) Ambulance service. (16) Automotive and other machinery repair, service and storage. (* Includes auto body repair and painting) (17) Building construction and special trade contractor' s shops and service yards. (18) Building material sales yard. (19) Exterminating and pest control service. (20) Granaries. (21) Hatcheries. (22) Parcel delivery service. (23) Public Utility facilities. (* Includes cell towers) (24) Oil and gas well service and supply. (25) Research laboratories. (26) Transportation facilities and terminals. (27) Warehousing. (28) Agricultural uses including growing and harvesting any agricultural crop or product, aquaculture, agricultural service establishments primarily engaged in performing agricultural animal husbandry services or horticultural services to farmers, and livestock and fowl farming. (29) Government and Emergency Service Facilities. (#923 as amended by #939, #1055, #1422, #1488)
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12.50.030 Uses Permitted With a Conditional Use Permit. The following manufacturing, fabricating, processing and storage uses and associated structures shall be permitted in this zone only if a Conditional Use Permit has first been secured: (1) Animal slaughtering. (2) Bone distillation. (3) Chemicals including but not limited to basic chemicals, cleaning agents, cosmetics, explosives, fertilizers, gases, medicinal and botanical products, paints, pesticides, pharmaceutical, plastics, and synthetic fibers. (4) Metal smelting and refining. (5) Ordnance. (6) Paper, pulp mills and paper products. (7) Petroleum refining including paving and roofing materials. (8) Rubber products. The following non-manufacturing uses and associated structures shall be permitted in this zone only if a Conditional Use Permit has first been secured: (9) Animal stock yards, feed lots and dairies. (10) Dumping, disposal, incineration, and reduction of garbage, dead animals, and refuse. (11) Junk yards, automobile wrecking yards, building materials, wrecking yards, storage and baling of scraps, paper, rags, sacks and scrap metal. (12) Oil and gas well drilling and operation. (13) Power generation facilities. (14) A caretaker dwelling unit to be used exclusively by an employee or watchman. (15) Picture arcades not including premises owned or operated by a public entity or premises onto which persons of any age, unaccompanied by a parent or other adult, lawfully may enter, remain and participate in all activities lawfully conducted thereon. (16) One single-family dwelling per parcel. (17) Kennels. (18) Retail sales of goods, wares or merchandise which are manufactured, renovated or repaired on the property. (19) Jail and detention centers. 01/10
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(20) Sex oriented entertainment business. (#906 as amended by #939, #1055, #1077 and #1197) 12.50.040 Site Area and Configuration. (1) The minimum area of any lot or parcel of land in "M-1" Zone shall be 10,000 square feet. (2) The minimum lot width and public street frontage of any lot or parcel of land shall be sixty (60) feet. (#906) 12.50.060 Minimum Yard Requirements. (1) Front Yard: No front yard shall be required, except where the frontage in a block is partially in a residential district, in which case the front yard shall be the same as required in such residential district. (2) Side Yard: No side yard shall be required, except that a 15 foot setback shall be required where a parcel occurs within a block lying partly within a residential district. (3) Rear Yard: No rear yard shall be required, except where the rear of a lot abuts a residential district, in which case the rear yard shall be not less than twenty (20) feet. (#906) 12.50.070 Maximum Building Height. (1) No building or structure in this zone shall exceed seventy-five (75) feet. (2) Exceptions: Water tanks, electronic towers, smokestacks, antennas and similar structures of necessary mechanical appurtenance may exceed seventy-five (75) feet in height, provided they are in compliance with airport height, provided they are in compliance with airport height restrictions in the regulated airport approach zones. (#906 as amended by #924) 12.50.080 Off-Street Parking. Off-street parking shall be subject to the provisions of Chapter 12.85. (#906) 12.50.090 Signs. All signs shall be subject to the provisions of Chapter 12.90. (#906) 12.50.100 Walls and Fences. (1) Walls and fences for Conditional Uses shall be determined by the Planning Commission in conformance with the character of the neighborhood in which the use is to be situated. (2) A solid masonry wall not less than six (6) nor greater than eight (8) feet in height shall be built and maintained on those sides of property which abut a residential zone. This provision shall be met before the Certificate of Occupancy may be issued by the Community Development and Services Agency’s Building Official. (3) Fencing along front and side yards which abuts a public right-of-way shall be subject to review and approval by the Planning Director or the Director' s designee. Chain link fences are prohibited on those sides of property adjacent to a public right-of-way. (#906 as amended by #1130, #1405) 12.50.110 Trash Storage. All refuse collection areas shall be enclosed on at least three (3) sides by a five (5) feet high wall, said wall shall be constructed of masonry or other material as specifically 01/10
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approved by the Planning Director. (#906) 12.50.120 Sidewalks and Landscaping: (1) Sidewalks shall be placed at a minimum distance of eight (8) feet behind the back of curb in accordance with Chapters 11.15 and 11.35 of the Yuba County Ordinance Code. The Zoning Administrator may approve placement of sidewalks along the curb of infill developments which will have less than 200 feet of road frontage. (2) Live landscaping and matching street trees shall be planted in accordance with Chapter 12.87 of the Yuba County Ordinance Code. (3) All sidewalks, landscaping and street trees required in Sections 12.50.120(1) and 12.50.120(2) shall be maintained by the abutting property owner unless a special district has been established for said maintenance. (#1077)
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CHAPTER 12.55 “M-2” EXTRACTIVE INDUSTRIAL ZONE Sections 12.55.010 Purpose 12.55.020 Definition 12.55.030 Permitted Use 12.55.040 Accessory Uses and Structures 12.55.050 Uses Permitted With a Conditional Use Permit 12.55.070 Code Compliance 12.55.010 Purpose. This zone is established primarily for the extraction, processing and distribution of minerals occurring naturally such as sand, gravel, ores and precious metals, and under certain permitted conditions blending said natural materials with imported materials. (#906) 12.55.020 Definition. The term extractive industrial shall include, but not be limited to the following: (1) Surface mining, underground mining and removal of overburden for the recovery of precious metals and industrial minerals including commercial and industrial aggregate. (2) Quarrying. (3) Dredging. (4) Milling, crushing, screening, washing, flotation and bagging. (5) Oil and gas exploration and development. (6) Other preparation customarily done at a mining site or as part of mining activity. (#906) 12.55.030 Permitted Uses. The following additional uses shall be permitted in this zone: (1) Concrete products production from a combination of Portland cement and aggregate. (2) Ready mixed concrete production and distribution. (3) Central mixed concrete production and distribution. (4) Shrink mixed concrete production and distribution. (5) Transit mixed concrete production and distribution. (6) Asphalt and asphaltic mixtures for paving which combine sand and/or aggregate with asphalt and asphaltic materials. (#906) 12.55.040 Accessory Uses and Structures. Accessory uses and structures are permitted in Zone M-2 provided they are incidental to and do not substantially alter the character of the permitted principal uses and purposes. Such permitted accessory uses and structures include, but are not limited to the following: 01/10
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(1) Accessory buildings such as garages, repair shops, machine shops, laboratories, retorting facilities and other installations which are necessary support facilities for the primary operation. (2) Administrative offices. (3) Living quarters for caretakers, key maintenance personnel, security personnel, and operational personnel. (#906) 12.55.050 Uses Permitted With a Conditional Use Permit. The following uses and structures may be permitted only if a Conditional Use Permit has first been secured: (1) All other industrial uses and structures not listed in this chapter. (2) One single-family dwelling per parcel. (3) Government and Emergency Service Facilities. (#906 as amended by #939, # 1487) 12.55.070 Code Compliance. All extractive industrial operations shall comply with the provisions of Chapter 11.20 (SMARA) of this Code. (#906)s
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CHAPTER 12.56 “M-3” LIGHT INDUSTRIAL ZONE Sections: 12.56.010 Purpose 12.56.020 Permitted Uses 12.56.030 Uses Permitted With a Conditional Use Permit 12.56.040 Site Area and Configuration 12.56.050 Reserved 12.56.060 Minimum Yard Requirements 12.56.070 Maximum Building Height 12.56.080 Off-Street parking 12.56.090 Signs 12.56.100 Walls and Fences 12.56.110 Trash and Storage 12.56.010 Purpose (1) To provide for compatible land uses in areas of close proximity to residential areas and less intense commercial areas. (2) To protect adjacent less intense land uses from industrial nuisances by providing discretionary and conditional approval of proposed industrial land uses. (3) To promote the most desirable use of land and development in accordance with the General Plan of Yuba County. (#923) 12.56.020 Permitted Uses None. (#923) 12.56.030 Uses Permitted with a Conditional Use Permit. The following uses and associated structures shall be permitted in this zone only if a Conditional use Permit has first been secured:
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(1)
Apparel and finished products made from fabric and similar materials.
(2)
Concrete and asphalt mixing plants.
(3)
Food and beverages including ice, dry ice and cold storage.
(4)
Furniture, fixtures and cabinets.
(5)
Instruments, optics, photographic equipment and supplies.
(6)
Jewelry, silverware, and metalware
(7)
Leather and leather products.
(8)
Lumber and wood products including mobile homes, modular homes and prefabricated Page 75 of 230
structures. (9)
Machinery including electrical, electronic and communications.
(10)
Metal products.
(11) Miscellaneous goods and supplies including but not limited to armaments, musical instruments, toys and games, sporting and athletic good, and artists materials. (12)
Stone, clay, glass and concrete products.
(13)
Textiles.
(14)
Transportation equipment and machinery.
The following nonmanufacturing uses and associated structures shall be permitted in this zone only if a Conditional Use Permit has first been secured: (15)
Ambulance service.
(16)
Automotive and other machinery repair, service and storage.
(17)
Building construction and special trade contractor’s shops and service yards.
(18)
Building material sales yard.
(19)
Exterminating and pest control service.
(20)
Graineries.
(21)
Hatcheries.
(22)
Parcel delivery service.
(23)
Public utility facilities.
(24)
Oil and gas well service and supply.
(25)
Research laboratories.
(26)
Transportation facilities and terminals.
(27)
Warehousing.
(28)
Government and Emergency Service Facilities. (#923, as amended by #1488)
12.56.040
Site Area and Configuration.
(1)
The minimum are of any lot or parcel of land in “M-3” zone shall be 10,000 square feet.
(2)
The minimum lot width and public street frontage of any lot or parcel of land shall be sixty
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(60) feet. (#923) 12.56.050 RESERVED. 12.56.060 Minimum Yard Requirements. (1) Front Yard: No front yard shall be required, except where the frontage in a block is partially in a residential district, in which case the front yard shall be the same as required in such residential district. (2) Side Yard: No side yard shall be required, except that a 15-foot setback shall be required where a parcel occurs within a block lying partly within a residential district. (3) Rear Yard: No rear yard shall be required, except where the rear of a lot abuts a residential district, in which case the rear yard shall be not less than twenty (20) feet. (#923) 12.56.070 Maximum Building Height: No building or structure in this zone shall exceed seventy-five (75) feet. (#923) 12.56.080 Off-Street Parking: Off-street parking shall be subject to the provisions of Chapter 12.85. (#923) 12.56.090 Signs. All signs shall be subject to the provisions of Chapter 12.90. (#923) 12.56.100 Walls and Fences. (1) Walls and fences for conditional uses shall be determined by the Planning Commission in conformance with the character of the neighborhood in which the use is to be situated. (#923) 12.56.110 Trash Storage. All refuse collection areas shall be enclosed on at least three (3) sides by a five (5) foot high wall; said wall shall be constructed of masonry or other material as specifically approved by the Planning Director. (#923 as amended by #1130, #1405)
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CHAPTER 12.58 SMARTVILLE/TIMBUCTOO COMMUNITY BOUNDARY (STCB) Section 12.58.010 Purpose 12.58.020 Development Standards 12.58.010 Purpose. (1)
To implement the goals and policies of the River Highlands Community Plan. (#1145)
(2) To protect and reinforce the unique historical and potential economic/touristic character of the communities of Smartville and Timbuctoo. (#1145) 12.58.020 Development Standards. Permitted uses and uses permitted with a Conditional Use Permit as well as standards pertaining to maximum building height, distance between structures, yard setback, signs, parking, and division of land shall be the same as those uses and standards in the A/RR zone as identified in Chapter 12.25. (#1145)
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CHAPTER 12.60 “RZ” RECREATIONAL ZONE Sections 12.60.010 Purpose 12.60.020 Permitted Uses 12.60.030 Uses Permitted With a Conditional Use Permit 12.60.040 Division of Land 12.60.010 Purpose. (1)
To preserve land containing natural or potential park and recreation features.
(2)
To identify areas suitable for passive recreational activities and nonstructural uses.
(3) To identify lake recreation areas and to provide for use of these areas for active public recreation purposes. (#906) 12.60.020 Permitted Uses. The following uses and structures shall be permitted in this zone: (1)
Riding clubs, golf courses, and country clubs.
(2) Parks and recreation facilities for day use only (excluding recreational vehicle and trailer parks and amusement parks.) (3)
Food and beverage service and concession.
(4)
Recreation offices, headquarters, maintenance facilities and workshops. (#906)
12.60.030 Uses Permitted With a Conditional Use Permit. The following uses and structures may be permitted only if a Conditional Use Permit has first been secured: (1)
Amusement parks.
(2)
Campgrounds and recreational vehicle parks.
(3)
Boat sales
(4)
Restaurants.
(5)
Employee housing.
(6)
Hydroelectric power generation facilities.
(7)
Government and Emergency Service Facilities. (#906, as amended by #1488)
12.60.040 Division of Land. All division of real properties as regulated in Chapter 11.15 of the Yuba County Ordinance Code shall comply with the following requirements: 01/10
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(1)
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The minimum area of any lot or parcel of land shall be twenty (20) acres. (#906)
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CHAPTER 12.62 "RPZ" RESOURCE PRESERVE ZONE Sections 12.62.010 12.62.020 12.62.030 12.62.040 12.62.050 12.62.060
Purpose Sub-zone and Lot Area Permitted Uses Uses Permitted With a Conditional Use Permit Minimum Yard Requirements Division of Land
________________________________________ 12.62.010 Purpose. (1) To preserve lands whose natural resources are of significant long range social, economic and environmental importance. (2)
To preserve open space.
(3)
To identify high quality plant areas and critical wildlife habitat in the County.
(4)
To preserve critical watershed lands.
(5) To preserve lands from residential development which are located within the boundaries of the River Highlands Community Plan and impacted by noise from Beale Air Force Base. (#1102 as amended by #1145) 12.62.020 Sub-zone and Lot Area. The minimum area of any lot or parcel of land for each "RPZ" subzone shall be as indicated below: Sub-zone Minimum Parcel Size RPZ - 20 RPZ - 40
20 acres 40 acres (#1102)
12.62.030 Permitted Uses. The following uses and structures shall be permitted in the "RPZ" zone: (1) One single-family residence. (2) Game preserves or hunting or fishing clubs except those involving permanent dwellings, or buildings with waste disposal facilities. (3) Livestock and fowl farming including raising, maintaining and breeding of horses, cattle, hogs, rabbits, chickens and similar livestock. No barn, coop, stable or corral shall be located closer than 50 feet to any abutting dwelling except for caretaker quarters. The keeping of hogs shall not include more than one brood sow. Any additional brood sows shall constitute a hog farm and shall require a Conditional Use Permit. 01/10
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(4) Accessory buildings such as garages, carports, barns, greenhouses, gardening sheds and similar structures which are customarily used in conjunction with and incidental to a principal use or structure. (5) Home occupations as defined in Chapter 12.95. (#1102) 12.62.040 Uses Permitted With a Conditional Use Permit. The following uses and structures may be permitted in the "RPZ" zone if a Conditional Use Permit has first been secured: (1) Private and public recreational uses such as parks, playgrounds, golf courses, fishing and hunting clubs with dwellings or buildings having waste disposal facilities. (2) Public Cemeteries and similar uses. (3) Public utility buildings and public service or utility uses, (transmission and distribution lines excepted), including but not limited to reservoirs, storage tanks, pumping stations, telephone exchanges, power stations, transformer stations and fire stations. (4) Living quarters for persons deriving their income from permanent, non-seasonal employment on the premises in conjunction with a permitted use. (5) Commercial stables - riding academies. (6) Shooting ranges. (7) Plant nurseries. (8) Fish hatcheries. (9) Commercial and industrial uses identified in Sections 12.43.020, 12.43.030, and 12.50.020 located in the RPZ-40 land use designation within the boundaries of the River Highlands Community Plan. (10) Government and Emergency Service Facilities. (#1102 as amended by #1145, #1488)
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CHAPTER 12.65 “TPZ” TIMBERLAND PRESERVE ZONE Sections 12.65.010 Purposes and Authority 12.65.020 List of Criteria 12.65.030 Terms 12.65.040 Purpose of Zone 12.65.050 Placement 12.65.050 Permitted Principal Uses and Structures 12.65.055 Uses Permitted with a Conditional Use Permit 12.65.060 Lot Area 12.65.070 Other Requirements 12.65.010 Purposes and Authority. This Chapter is adopted pursuant to the mandate and authority of the Z’berg-Warren-Keene-Collier Forest Taxation Reform Act of 1976 and, more particularly, §51113 of Government Code of the State of California, a part of said Act. (#906) 12.65.020 List of Criteria. Pursuant to §511113(c) and (d) of the Government Code, the criteria for parcels of land to be considered for zoning as timberland under the provisions of §511113 of the Government Code are hereby set and declared to be the following: (1) A map shall be prepared showing the legal description of the Assessor’s parcel number of the property desired to be zoned; (2) A plan for forest management must be prepared or approved as to content, for the property by a registered professional forester. The plan shall provide for the eventual harvest of timber within a reasonable period of time, as determined by the preparer of the plan; (3) The parcel shall currently meet the timber stocking standards as set forth in §4561 of the Public Resources Code and the forest practice rules adopted by the State Board of Forestry for the district in which the parcel is located, or the owner must sign an agreement with the board to meet such stocking standards and forest practice rules by the fifth anniversary of the signing of such agreement. If the parcel is subsequently zoned as timberland production under subdivision (a) of Government Code §51113, the failure to meet such stocking standards and forest practice rules within this time period provides the board with a ground for rezoning of the parcel pursuant to §51121. Upon the fifth anniversary of the signing of an agreement, the Board shall determine whether the parcel meets the timber stocking standards in effect on the date the agreement was signed. Notwithstanding the provisions of Government Code §51130 et seq., if the parcel fails to meet the timber stocking standards, the Board shall immediately rezone the parcel and specify a new zone for the parcel which is in conformance with the county general plan and whose primary use is other than timberland. (4)
The parcel shall be timberland, as defined in subdivision (f) of §51104.
(5) The parcel shall be in compliance with the compatible uses established by this chapter pursuant to Government Code §51111. (6) 01/10
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and Taxation Code, and shall be comprised of single or contiguous parcels the total acreage of which must be at least 80 acres. (7) The land shall be of “Site III” Site Quality Class, as said term is defined and used pursuant to said Act. Land shall be deemed to be “Site III” land if the average quality of the land is Site III. “Average,” for the purpose of this subdivision, means that for every acre of land which is Site IV or Site V quality there must be at least one acre, respectively, of Site II or Site I land to balance the lesser quality land to create an exact Site III or better numerical average as to quality of acres to be included. (#906 and #1002) 12.65.030 Terms. For purposes of this part, the terms or words used herein shall be defined as in Chapter 6.7 (commencing with §51100), of Part I of Division I of Title 5 of the Government Code. (#906) 13.65.040 Purpose of Zone. The purpose of the timberland Preserve Zone is to provide a district in the Count yin which the highest and best use of the land is the growing and harvesting of timber. Lands so zoned will be subject to all of the provisions of the Z’berg-Warren-Keene Collier Forest Taxation Reform Act of 1976. (#906) *12.65.050 Placement. The zoning of land in the Timberland Preserve Zone is to be limited to those parcels within the County which: (a) Meet all of the requirements for inclusion in “List A” as defined in §51110 of the Government Code; (b) Meet all of the requirements for inclusion in “List B” as defined in §51110.1 of the Government Code; (c) Meet the criteria for parcels of land to be considered for zoning as timberland under the provisions of §51113 of the Government Code as adopted by §12.65.020 of this Chapter. (#906) *12.65.050 Permitted Principal Uses and Structures. The following principal uses and structures which meet the definition of “Compatible Use” as defined in subdivision (h) of §51104 of the Government Code and Resolution No. 1976-155 adopted by the Yuba County Board of Supervisors on August 7, 1976, and no others are permitted in Timberland Preserve Zone: (1) Management for watershed; (2) Management for fish and wildlife habitat or hunting and fishing; (3) A use integrally related to growing, harvesting and processing forest products, including but not limited to roads, log landings and log storage areas; (4) The erection, construction, alteration, or maintenance of gas, electric, water or communication transmission facilities; (5) Grazing; or (6) A residence or other structure necessary for the management of land zoned as Timberland Production. 01/10
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*There are two sections with the same number (7) Subsurface exploration for, and extraction of, mineral resources, including oil, gas and other hydrocarbon substances, and also including geothermal energy production. Such use shall be compatible only when there is no significant disruption of the ground surface in the operations described. (8) Family Day Care Homes in accordance with Chapter 12.120. (#906 as amended by #1055) 12.65.055 Uses Permitted with a Conditional Use Permit. The following uses and structures may be permitted in the "TPZ zone if a Conditional Use Permit has first been secured: (1) Government and Emergency Service Facilities. (#1488) 12.65.060 Lot Area. Parcels zoned as Timberland Preserve may not be divided into parcels containing less than 160 acres unless they meet the requirements established in §51119.5 of the Government Code. 12.65.070 Other Requirements. Any rezoning, immediate rezoning or removal from zone of any parcels zoned Timberland Preserve Zone shall conform to the requirements of Articles 3-5, inclusive, (commencing with §51121) of chapter 6.7, Part 1 of Division 1 of Title 5 of the Government Code. (a) All actions not specifically addressed in this chapter of the Yuba County Ordinance Code must comply with the requirements of Chapter 6.7 (commencing with §51100) of Part 1 of Division 1 of Title 5 of the Government Code. (#906)
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CHAPTER 12.70 “FP-1” FLOOD PLAIN ZONING Sections 12.70.010 Purpose 12.70.020 Definition 12.70.030 Zoning Designations 12.70.040 Permitted Uses 12.70.050 Uses Permitted With a Conditional Use Permit 12.70.060 Nonconforming Uses and Structures 12.70.070 Uses Specifically Prohibited ________________________________________________ 12.70.010 Purpose. To promote and protect the public health, safety, and general welfare by providing a definite plan of development for the County and to guide, control and regulate growth in areas subject to flooding. (#906) 12.70.020 Definitions. (1) “Flood Plan, Primary”: The stream bed and that portion of the adjacent flood plain through which the main water is channelized during flooding conditions. (2) “Flood”: Any temporary increase in stream flow or surface water level that results in significant adverse effects on the flood plain. (3) “Design Flood”: That flood against which protection is provided, or eventually will be provided by means of flood protective or control works. (4) “Flood, Selected”: The flood selected by the Board of Supervisors as a basis for determining the lateral boundaries of the flood plain area to be subject to flood plain regulations. (5) “Flood Plain Zoning Map”: A map illustrating the boundaries of the selected flood and the zoning to be established within the boundaries of the selected flood. (6) “Recreational vehicle” is a motorhome, travel trailer, camper or camping trailer, with or without motive power, designed for human habitation for recreational or emergency occupancy, with a living area less than 220 square fee excluding built-in equipment such as wardrobes, closets, cabinets, kitchen units or fixtures, bath and toilet rooms. (#906) 12.70.030 Zoning Designations. In order to classify, regulate, restrict and segregate the use of land and buildings in flood areas, one zone is hereby established to be known as: FP-1 Primary Flood Plain Zone Said zone is shown and delineated on the Flood Plain Zoning Map of the County of Yuba which is hereby adopted and made a part thereof. Change in boundaries of any such zone and the adoption of additional parts of the zoning map shall be done by ordinance in accordance with State law. (#906) 12.70.040 Permitted Uses. Any of the following uses are allowed in the FP-1 Zone: 01/10
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(1) Crop farming, truck gardening, field crops, vines, vegetables and horticultural species, except tree orchards. (2)
The operation of apiaries.
(3) The grazing of sheep, goats, horses, mules ,swine, bovine animals and other similar domesticated quadrupeds. (4)
The raising of poultry.
(5)
Wildlife preserves.
(6) One nonexpendable vacation vehicle having no permanently attached or detached accessory structures for each parcel of property under separate ownership for use only by the owner of the property and/or his guests. Sand vacation vehicles shall be maintained in a readily moveable state. (7) Parking lots, provided any grading or structures do not significantly restrict the carrying capacity of the primary flood plain. (#906) 12.70.050 Uses Permitted With a Conditional Use Permit. The following uses and structures may be permitted only if a Conditional Use Permit has first been secured: (1) Private and public recreational uses such as parks, aquatic facilities, campgrounds, vacation vehicle parks, playgrounds, athletic fields, golf courses, golf driving ranges, fishing and hunting clubs. (2) Temporary and readily removable structures accessory to agricultural uses. (3) Public utilities structures. (4) Excavation and removal of rock, sand, gravel and other materials. (#906) 12.70.060 Nonconforming Uses and Structures. Uses and structures existing on June 1, 1978, which are inconsistent with the provisions hereof will be allowed to remain. The enlargement, expansion, extension or change in use of any structures will be regulated in accordance with guidelines established for floodways by the Reclamation Board on January 23, 1976. (#906) 12.70.070 Uses Specifically Prohibited. (1)
Single and multifamily dwellings.
(2)
Junkyards, auto-wrecking yards, and used building material yards.
(3)
Commercial or public disposal and dumping areas.
(4)
Mobilehome parks.
(5) No improvements or developments will be permitted that will obstruct the natural flow of flood water or which will endanger life and property. (#906) 01/10
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CHAPTER 12.72 "PF" PUBLIC FACILITIES ZONE Sections 12.72.010 12.72.020 12.72.030 12.72.040
Purpose Permitted Uses Uses Permitted With a Conditional Use Permit Site Area and Configuration
12.72.010 Purpose. This zone classification is intended to be applied to properties which are properly used for, or are proposed to be used for public purposes or for specified public utility purposes. (#953) 12.72.020 Permitted Uses. The following uses and structures shall be permitted in the "PF" Zone: (1) Public schools, parks and recreation areas, fair grounds, civic centers, fire stations, police stations and similar sites and monuments. (2) Public utility facilities. (3) Public utility warehouse and storage yards, pool yards, gas holders, substations, electric generating plants and transmission and distribution lines. (4) Uses and structures which are incidental or accessory to permitted uses. (5) Uses and structures which the Planning Director determines by written findings are similar to the above. (#953 as amended by #1130, #1405) 12.72.030 Uses Permitted With a Conditional Use Permit. The following uses and structures may be permitted in the "PF" Zone if a Conditional Use Permit has first been secured: (1) Public cemeteries and similar uses. (2) Airports, refuse disposal areas, corporation yards and sewage disposal sites. (3) Vocational and technical education shop classroom facilities, including woodshop, metal shop, auto shop, and other similar uses. (4) Community centers. (5) Marinas, sports stadiums, arenas, amphitheaters, fairgrounds, golf courses, racetracks and accessory use or uses similar to those listed as determined by the Planning Commission. (6) Churches and fraternal organization meeting facilities. (#953 as amended by #1216) 12.72.040 Site Area and Configuration. (1) There will be no minimum parcel size in the "PF" Zone, however, parcel sizes and site configurations shall be subject to review and approval of the Staff Development Committee based 01/10
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upon reasonable standards and consistency with the proposed use of the site and compatibility with adjacent land uses. (#953)
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CHAPTER 12.75 "AP" AIRPORT ZONE REGULATING THE HEIGHT OF STRUCTURES AND THE USE OF PROPERTY IN THE VICINITY OF THE YUBA COUNTY AIRPORT Sections 12.75.010 Declaration of Purpose 12.75.020 Short Title 12.75.030 Definitions 12.75.040 Height Zones 12.75.050 Height Restrictions 12.75.060 Airport Safety Zones 12.75.061 Land Use Compatibility in Safety Areas 12.75.062 Aircraft Noise Restriction Areas 12.75.070 Incompatible Uses 12.75.080 Concentration of Persons Per Acre 12.75.090 Repealed 12.75.100 Repealed 12.75.110 Repealed ______________________________ 12.75.010 Declaration of Purpose. Pursuant to the authority conferred by the Airport Approaches Zoning Law of the State of California and in conformity with sections 50485 through 50485.13 of the Government Code, the Board of Supervisors of the County of Yuba, State of California, deems it necessary to regulate the use of the air space for the purpose of promoting the health, safety and general welfare of the inhabitants of the County of Yuba by preventing the creation or establishment of airport hazards, thereby protecting the lives and property of the users of the Yuba County Airport and of the occupants of the land in its vicinity and prevent destruction and impairment of the utility of the airport and the public investment therein. (#906) 12.75.020 Short Title. This Chapter shall be known and may be cited as the "Airport Zoning Ordinance of the County of Yuba". (#906) 12.75.030 Definitions. As used in this Chapter, unless the context otherwise requires: (1) "Airport" means the Yuba County Airport. (2) "Airport hazard" means any structure or tree or use of land which obstructs the air space required for the flight of aircraft in landing or taking off at the airport or is otherwise hazardous to such landing or taking off of aircraft. (3) "Landing area" means the area of the airport use for the landing, takeoff or taxiing of aircraft. (4) "Person" means any individual, firm, co-partnership, corporation, company, association, joint stock association or body politic and includes any trustee, receiver or assignee. (5) "Structure" means any object constructed or installed by man, including, but without limitation, buildings, towers, smokestacks and overhead lines. 01/10
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(6) "Tree" means any object of natural growth. (7) "Planning Commission" means the Planning Commission of the County of Yuba, State of California. (#906) 12.75.040 Height Zones. The following imaginary surfaces shown in figure 1 shall be established for the Yuba County Airport as shown in Figure 2, to determine height restrictions for natural and man-made objects as follows: Primary Surface - A surface longitudinally centered along the runway, extending 200 feet beyond each end of the paved runway for runways 14-32 and 14R-32L. The primary surface for runways 05-23 extends 200 feet beyond of each relocated threshold. The width of the primary surface totals 250 feet for runways 05-23 and 14R-32L, and 1000 feet for runways 14-32. Horizontal Surface - A horizontal plane 150 feet above the established airport elevation (the highest point of an airport' s usable landing area measured in feet above mean sea level), the perimeter of which is constructed by swinging acres 10,000 feet out from the center of each end of the primary surface of runways 14-32 and connecting the adjacent arcs of lines tangent to these arcs. Conical Surface - A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,000 feet. Approach Surface - A surface longitudinally centered on the extended runway centerline, extending outward and upward from each end of the primary surface. An approach surface is applied to each end of each runway based on the type of approach available or planned for that runway end. The approach surface for runway 14 has an inner width of 1,000 feet, extends outward for a length of 10,000 feet at a slope of 50:1 with an additional 40,000 feet at a slope of 40:1, and has an outer width of 16,000 feet. The approach surface for runway 32 has an inner width of 1,000 feet, extends outward for a length of 10,000 feet at a slope of 34:1, and has an outer width o 4,000 feet. The approach surface for runways 05-23 and 14R-32L has an inner width of 250 feet, extends outward for a length of 5,000 feet at a slope of 20:1 and has an outer width of 1,250 feet. Transitional Surface - A surface extending outward and upward form the sides of the primary surface and from the sides of the approach surfaces at a slope of 7:1. Where imaginary surfaces overlap, the lowest surface is used to determine whether or not an object would be an obstruction to air navigation. (#906 as amended by #1174) 12.75.050 Height Restrictions. (a) Except as otherwise provided in this Chapter, no structure or tree shall be erected, altered or allowed to grow or maintained in excess of the height limits established for such surface as defined under Section 12.75.040 and shown in figure 1. (b) Any proposed new construction or expansion of existing structures that would penetrate any of the 01/10
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imaginary surfaces shall be deemed an incompatible land use and shall not be permitted except for the following: 1. The FAA determines that the proposed structure does not constitute a hazard to air navigation. 2. The State Division of Aeronautics has issued a permit allowing construction of the proposed structure. (#906 as amended by #1174) 12.75. 060 Airport Safety Zones. For the purposes of this Chapter, the Yuba County Airport is hereby divided into the following airport safety zones as shown in figures 2 and 3. (a) Clear Zone Runway 14: Beginning at the primary surface, 200 feet beyond the end of the paved runway surface, is centered along the extended runway centerline and has an inner width of 1000 feet extending outward for a length of 2,500 feet, and has an outer width of 1,750 feet. Runway 32: Beginning at the end of the primary surface, 200 feet beyond the paved runway surface centered along the extended runway centerline and has an inner width of 1,000 feet extending outward for a length of 1,700 feet and has an outer width of 1,425 feet. Runways 05-23 and 14R-32L: Beginning 200 feet beyond the end of the relocated runway centered along the extended runway centerline and has an inner width of 250 feet extending outward for a length of 1,000 feet and has an outer width of 450 feet. (b) Approach/Departure Zone Runway 14: Beginning at the outer end of the clear zone centered along the extended runway centerline and has an inner width of 1,750 feet extending outward for a length of 5,000 feet and has an outer width of 3,250 feet. Runway 32: Beginning the outer end of the clear zone centered along the extended runway centerline and has an inner width of 1,425 feet extending outward for a length of 3,400 feet, and has an outer width of 2,275 feet. Runways 05-23 and 14R-32L: Beginning at the outer end of the clear zone centered along the extended runway centerline and has an inner width of 450 feet extending outward for a length of 2,000 feet and has an outer width of 850 feet. (c) Overflight Zone: The perimeter of the Overflight zone is constructed by swinging arcs of 10,000 foot radii from the center of each end of the primary surface of all runways and connecting the arcs by lines tangent to the arcs. (#906 as amended by #1174) 12.75.061 Land Use Compatability In Safety Areas. (a) The Land Use Compatibility Guidelines for Safety as shown in figure 4 shall be used to determine compatible land uses within the Yuba County Airport Safety Areas defined herein. (b) The following uses are incompatible in the Clear Zones and Approach Departure Zones identified for each runway: 01/10
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1. Any use that would direct a steady or flashing light of white, red, green or amber color toward an aircraft. 2. Any use that would cause sunlight to be reflected toward an aircraft during take-off or landing. 3. Any use that would generate smoke or attract large concentration of birds. 4. Any use that would generate electrical interference that would be detrimental to the operation of aircraft and aircraft instrumentation. 5. Any hazardous installation such as: above ground oil, gas or chemical storage facilities, but excluding facilities for non-commercial, private domestic, or private agricultural use. (#906 as amended by #1174) 12.75.062 Aircraft Noise Restriction Areas. The Land Use Compatibility Guidelines for Noise as shown in figure 5 shall be used to determine compatible land uses within the Noise Contour Areas shown in figure 6. 1. Residential development within the 60-65 db noise contour shall require noise reduction measures to reduce the interior noise level to no more than 45 db. An acoustical study prepared by a qualified engineer shall demonstrate that the structure has been designed to meet the standards set forth under Title 25, Section 28 of the California Administrative Code. 2. Aviation Noise Easements shall be required for all residential construction and land divisions within the 60-65 db noise contour area. (#1174) 12.75.070 Incompatible Uses. (a) Incompatible uses which were in existence and legally established prior to the effective date of this ordinance may continue. No incompatible uses may be changed to another incompatible use. (b) No incompatible use, building or structure may be expanded except for the following: 1. Detached single family residences. 2. Schools that would increase the capacity by less than one third. (c) If any incompatible use, building or structure is damaged and the damage exceeds fifty percent of the value of the use, building or structure, any subsequent use must be in conformance with the provisions of this Chapter except for the following: 1. Detached single family residences. 2. Schools. (d) Should an incompatible use, building or structure be abandoned for a continuous period of one year, such cessation shall be considered an abandonment of the use, building or structure and any subsequent use shall be subject to the provisions contained in this Chapter. (#906 as amended by #1174)
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12.75.080 Concentration of Persons Per Acre. (a) Any proposed development (Tentative Maps, Conditional Use Permits, Site Development Plans) within any of the airport safety zones identified in this Chapter shall be submitted for review of the Airport Land Use Commission for review to determine compliance with the Concentration of Persons Per Acre Standards set forth in Appendix A of the Yuba County Airport Comprehensive Land Use Plan. (#906 as amended by #1174) 12.75.090 REPEALED. 12.75.100 REPEALED. 12.75.100b REPEALED.
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CHAPTER 12.80 “PUD" PLANNED UNIT DEVELOPMENT Sections: 12.80.010 Purpose 12.80.114 Applicability 12.80.020 Application 12.80.030 Contents of Application 12.80.040 Public Hearing Required 12.80.050 Findings 12.80.060 Compensatory Criteria 12.80.065 Planned Unit Development Density Threshold 12.80.070 Planning Commission Decisions 12.80.080 Board of Supervisors'Decisions 12.80.090 DELETED #1197) 12.80.100 Conformance With Approved Plans 12.80.010 Purpose. The purpose of the Planned Unit Development(PUD) is to provide for greater flexibility in the design of the developments than is otherwise possible through the strict application of zoning district regulations. It is the intent of this process to ensure compliance with the General Plan and to provide various types of land use which can be combined in compatible relationship with each other as a part of a totally planned development. Increased densities and reduction in standards available through a PUD are generally not applicable within Specific Plan areas unless the Specific Plan explicitly authorizes a PUD as used in this chapter and the potential density of development proposed. Planned Unit Development may be residential, commercial or industrial and may permit mixed uses under certain circumstances. In addition, the objectives of the Planned Unit Development are to achieve one or more of the following purposes: 1) Permits 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) Permits cluster development in appropriate locations. 3) Allows certain uses not otherwise permitted in the zone under controlled circumstances. 4) Encourages the provision of both on site and off site open space in consideration for increased density or other bonuses. 5) Can be used to encourage energy efficiency, water conservation, green buildings", variety in housing types, and greater public access to open space.(Ord. #906, #1395) 12.80.014 Applicability. 1) A Planned Unit Development PUD) consistent with these standards, may be permitted wherever the Planned Unit Development zoning designation has been attached to certain property and/or where the specific zone district applicable to a piece of property allows planned unit developments as a permitted use. 2) Planned unit developments may allow for a variety of uses and a variety of housing types. All types of residential development single-family, multi-family, mixed use) are permitted within a 01/10
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PUD, subject to approval by the County. (Ord. #1395) 12.80.020 Application. An application for a Planned Unit Development Permit shall be filed with the Community Development Department and shall be accompanied by sufficient copies of the proposed development plans as determined by the Community Development Director and other material as the Director may deem warranted. (Ord. #906, #1395) 12.80.030 Contents of Application. The application for a Planned Unit Development 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 and pedestrian ways and parking provided. 4) A tabulation of the total land area and percentage designated for various uses, as well as a tabulation of residential units by type, and square footage of commercial or industrial uses by type. 5) Delineation of development staging, if any. 6) Topographic map of the property with contours in intervals of not more than five 5) feet or as determined by the Community Development Director. 7) If off-site 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 pubic 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 Community Development Director. (Ord. #906 as amended by #1130, #1395) 12.80.040 Public Hearing Required. The Planning Commission shall hold at least one Public Hearing to consider the application for a Planned Unit Development. Notice shall be given as provided in §12.10.120 of the Yuba County Ordinance Code. Said hearing may be combined with any other entitlement i.e., zone change or subdivision) required for the project. (Ord. #906, #1395) 12.80.050 Findings. The Planning Commission may approve a Planned Unit Development if it makes the following findings: 1)The proposed location of the Planned Unit Development is in accordance with the goals and objectives of the General Plan and the general purposes of the Zone in which the project is located. 01/10
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2)The proposed Planned Unit Development and the conditions under which it would be developed or maintained will promote, protect and secure the public health, safety and general welfare and will result in an orderly and beneficial development of the County in the areas therein. 3)Substantial public benefit is achieved in accordance with criteria established in 12.80.060 in compensation for certain development features not otherwise permitted. (Ord. #906, #1395) 12.80.060 Compensatory Criteria. 1)The following criteria shall be applied in finding substantial public benefit: a. On-site Open Space - Substantial open space is permanently preserved through public ownership, conservation easements, private non-profit ownership or is held in common by all future owners in the project and exceeds normal yard areas, setback and building separation requirements. Minimum open space requirements for a planned unit development in the area of the County designated in the General Plan as Foothill Agriculture" shall be as follows: 1. 50% for parcels or projects up to 40 acres in size; 2. 60% for parcels or projects greater than 40 acres and up to 160 acres; 3. 70% for parcels or projects greater than 160 acres. All on-site open space used to meet this requirement must be permanently set aside for one or more of the following purposes: Public access to open spaces may be appropriate in some cases and is encouraged by the County. 1. agriculture, 2. timber management, 3. wildlife habitat, 4. other natural resource based uses. b. Off-Site Improvements - Where such improvements benefit the general public, including the following: 1. Provides for new public recreation facilities or improvements to existing public recreational facilities beyond those otherwise required by state law or County code. 2. Provides for improvements to public roads in the vicinity of the project or which provide access to the project beyond those requirements required for access, frontage improvements, or as a mitigation for project impacts to the circulation system. c. On-Site Recreational Facilities - Which are in excess of those which may be considered normal amenities given the size and type of proposed development. For guidance, minimum on-site recreational facilities shall be based on five 5) acres of developed parkland per 1000 people. d. Alternative Transportation Facilities - Including integrated bus shelters, car pool/van pool programs, alternative fuel service facilities, parking structures, or innovative parking or circulation designs. e. Public Facilities - Including school sites or buildings in excess of that otherwise required by the project, day care centers, or community rooms whether located on or off-site and 01/10
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designed to serve others, and wastewater treatment systems which are designed to serve additional development consistent with the General Plan. f. Lot Design and site improvements - Where small lot subdivisions are designed with at least the following site improvement standards 1. Front yard stagger: Minimum of five (5) feet difference between adjacent residential units measured from the front yard setback 2. Stagger for third car garage: Five (5) feet between third car bay and two car garage. 3. Separation between second story elements: A minimum of twenty (20) feet between second story elements of adjacent two story dwellings. 2.) The following modifications to development standards may be permitted provided one or more of the stated compensatory criteria is met. DEVELOPMENT FEATURE ELIGIBLE CRITERIA a. Criteria 1) a. Residential units exceeding that permitted in the underlying zone but not exceeding the PUD Density threshold. b. Criteria 1) a, b,c, d. Residential units exceeding that permitted by the underlying zone, up to the PUD density threshold where the County determines that the additional units are justified based on the value of the additional public improvements made by the project. c. Off site open space may be acquired with a PUD and the density of that land transferred to the PUD depending upon the quality, location and intended purpose of that open space area so long as the PUD density threshold is not exceeded. d. Criteria 1) b, d, e. Reduced parking requirements. e. Criteria 1) a, c, f. Reduced setback requirements. f. Criteria 1) b, d. Reduced pavement widths for roadways. g.Criteria 1) a, c, d, e, f. Reduced lot size, width, or depth requirements. h.Criteria 1) a, c, e, Complementary uses, not otherwise permitted by the underlying zoning and found not to be in conflict with the General Plan.. 12.80.064 Planned Unit Development Density Threshold. The Planned Unit Development density threshold shall be twice the permitted density allowed for the underlying zone for Zones AE, A/RR, RRE, and PR., except that in the Foothill Agriculture" General Plan designated areas, clustered residential development may be proposed as a planned unit development and may be permitted up to a density of I dwelling unit per 5 acres. It shall be 1.25 times the permitted density allowable for the underlying zone for Zones R-1, R-2, R-3 and C. (Ord. #906, #1395) 12.80.066 Minimum Parcel Size. Although minimum parcel sizes in Planned Unit Developments are not specifically regulated by this ordinance, access, sewage disposal, water supply, surrounding parcel sizes, topography, adjacent land uses, applicable General Plan policies, and other factors will affect the County' s decision on appropriate lot sizes on a project-by-project basis. 01/10
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a. Parcels between I acre and 2.5 acres in size shall provide either a public sewer service or public water supply as determined by the Environmental Health Director. Setback requirements equivalent to those that would be required on a 5 acre parcel shall apply to any parcel between I acre and 2.5 acres in size that has either a well or septic system. Parcels smaller than I acre in size shall provide both a public sewer service and public water supply. A private purveyor of sewer services and water supply may be approved by the Board of Supervisors. b. Minimum yard size. Projects that provide less than 500 square feet of private rear yard area shall provide additional on-site recreational amenities such as pools, tot lots, basketball courts, barbeque areas, pedestrian plazas, and useable open space. 12.80.070 Planning Commission Decisions. The Planning Commission may approve, modify, approve with conditions, or deny the application for a Planned Unit Development. Any denial shall be final unless appealed to the Board of Supervisors in accordance with 12.10.140 of this Chapter. 12.80.080 Board of Supervisors'Decisions: Upon receipt of an appeal the Board of Supervisors shall conduct a Public Hearing in accordance with 12.10.140. The Board may deny the project, approve the Planned Unit Development or approve the Planned Unit Development with modifications if it makes the findings as provided in 12.80.050. (Ord. #906, #1395) 12.80.090 (#906 DELETED BY #1197) 12.80.100 Conformance With Approved Plans. No building permit shall be issued nor any construction undertaken on a property subject to an approved Planned Unit Development unless it is in conformance with approved plans. (Ord. #906, #1395)
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CHAPTER 12.82 "SP-1" SPECIFIC PLAN-EAST LINDA Sections 12.82.010 Purpose 12.82.020 Establishment of Sub-Zones 12.82.030 Public Facilities 12.82.040 Single-Family Residential Sub-Zones 12.82.050 Multiple-Family Residential Sub-Zones 12.82.060 Business and Professional (BP) Sub-Zone 12.82.070 General Commercial (GC) 12.82.080 Commercial Center (CC) Sub-Zone 12.82.090 Public Facilities (PF) Sub-Zone ___________________________________ 12.82.010 Purpose. (1) To implement the goals, policies and map of the East Linda Specific Plan. (2) To facilitate orderly development of a residential community consisting of single and multi-family residences, highway and neighborhood commercial uses, business and professional commercial uses, schools and parks. (3) To regulate, restrict and separate the use of land, buildings and structures. (4) To regulate and limit the locations type, height and bulk of buildings and structures in various districts. (5) To regulate the size and use of lots, setbacks, the areas of yards and other open space areas abutting and between buildings and structures. (6) To regulate the intensity of land use. (7) To divide the East Linda Specific Plan area into zoning districts of such number, shape, and area as may be deemed best suited to carry out the purpose of this Chapter. (8) To complement the land use objectives set forth in the Yuba County General Plan. (#1044) 12.82.020 Establishment of Sub-Zones. In order to carry out the purposes of this chapter, the East Linda Specific Plan area of the County is hereby divided into the following sub-zones: SP R-0.5: Single-family Residential SP R-1: Single-family Residential SP R-2: Single-family Residential SP R-3: Single-family Residential SP R-4: Single-family Residential SP R-4.5: Single-family Residential SP R-5: Single-family Residential SP R-6: Single-family Residential and Multi-family Residential 01/10
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SP R-8: Single-family Residential and Multi-family Residential SP R-10: Multi-family Residential SP R-12: Multi-family Residential SP R-15: Multi-family Residential SP R-20: Multi-family Residential SP BP: Business Professional SP GC: General Commercial SP CC: Commercial Center SP PF: Public Facilities (#1044) 12.82.030 Public Facilities. All new development in the SP-1 Zone and all Sub-zones, shall be connected to domestic water, sanitary sewer, and storm water drainage facilities. (#1044) 12.82.040 Single-Family Residential Sub-Zones. (1) PURPOSE: The purposes of the single-family residential sub-zones are as follows: (A) To provide living areas within an area where development is limited to low density concentrations of single-family dwellings. (B) To promote and encourage a suitable environment for family life. (C) To provide space for community facilities needed to complement urban residential areas and for institutions which require a residential environment. (D) To minimize traffic congestion and avoid an overload of facilities designed to service only low density residential use. (2) PERMITTED USES: The following uses and structures shall be permitted in the single-family residential subzones R-0.5, R-1, R-2, R-3, R-4, R-4.5, R-5, R-6, and R-8: (A) One single-family residence per parcel. (B) Accessory buildings such as garages, carports, lath houses, green houses, gardening sheds, recreation rooms and similar structures which are customarily used in conjunction with and incidental to a principal use or structure. (C) Home occupation as defined in Chapter 12.95. (D) Storage of materials used for the construction of a building, including the contractor' s temporary office, provided that such use is on the building site or immediately adjacent thereto, and provided further that such use shall be permitted only during the construction period and 30 days thereafter. (E) Residential care facility serving not more than six (6) individuals with the exclusion of family members. (F) Small-family day care homes (1-6 children) in accorandce with Chapter 1.2120. (G) Second Dwelling Unit in accordance with Chapter 12.16. 01/10
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(3) USES PERMITTED WITH A CONDITIONAL USE PERMIT: The following uses and structures may be permitted in the single-family residential sub-zones if a Conditional Use Permit has first been secured: (A) (DELETED) (B) Public and private nonprofit schools and colleges. (C) Churches and religious institutions, private clubs and lodges, private or public playgrounds and parks, private or public golf courses. (D) Government buildings. (E) The following lot configurations and yard setbacks in conjunction with development in the SP R-6, SP R-7 and SP R-8 subzones. (1) The minimum lot width shall be 50 feet for interior and sixty-five (65) feet for corner lots in the SP R-6 sub-zone. (2) The minimum lot width shall be forty (40) feet for interior and fifty-five (55) feet for corner lots in the SP R-7 and SP R-8 sub-zones. (3) The minimum net lot area shall be 5,000 sq. feet for interior and 6,365 square feet for corner lots in the SP R-6 sub-zone. (4) The minimum net lot area shall be 4,200 square feet for interior and 5,365 square feet for corner lots in the SP R-7 and SP R-8 sub-zones. (5) Side Yard, Corner Lots: The minimum side yard setback shall be five (5) feet from the interior lot line and twenty (20) feet from the back of curb. The side yard setback from one interior lot line may be eliminated when a "Zero Lot Line" or "Z Lot" configuration is proposed. (6) Side Yard, Interior Lots: The total minimum side yard setback shall be ten (10) feet per lot. (F) Up to four (4) model homes, a temporary building used as a contractor' s office, a contractor' s storage and construction yard, and a real estate sales office in connection with marketing of a new subdivision in accordance with Section 12.10.700A(9). (4) LOT AREA: The minimum net lot area for each lot in Single-family residential sub-zones shall be as follows: (A) SP R-0.5: two (2) acres. (B) SP R-1: one (1) acre. (C) SP R-2: 20,000 square feet. (D) SP R-3: 10,000 square feet. 01/10
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(E) SP R-4, SP R-4.5, SP R-5, SP R-6, SP R-7, and SP R-8: 6,000 square feet-interior lots, 7,365 square feet-corner lots. (5) LOT WIDTH: The minimum lot width for each lot in Single-family residential sub-zones shall be as follows: (A) SP R-0.5: not to exceed a 3:1 depth-to-width ratio. (B) SP-R-1: 120 feet. (C) SP-R-2: 85 feet. (D) SP R-3: 60 feet-interior lots, 75 feet-corner lots. (E) SP R-4: 60 feet-interior lots, 75 feet-corner lots. (F) SP R-4.5: 60 feet-interior lots, 75 feet-corner lots. (G) SP R-5: 55 feet-interior lots, 70 feet-corner lots. (6) PUBLIC STREET FRONTAGE: Each parcel or lot shall abut a public street in single-family residential sub-zones. The minimum street frontage shall be as follows: (A) SP R-0.5, SP R-1, SP R-2: 60 feet minimum. (B) SP R-3, SP R-4, SP R-4.5, SP R-5, SP R-6, SP R-8: 40 feet minimum. (7) YARD SETBACK REQUIREMENTS: (A) The minimum yard setback for each building or structure erected or enlarged in singlefamily residential sub-zones shall be as follows: Sub-zone Front
Side-Interior Lot
R - 0.5 50'20'50'
40'
Side-Corner Lot
Rear
R-1
50'
15'
30'
35'
R-2
40'
15'
30'
35'
R-3
32'
10'
22'
30'
R-4
27' *
5'
22'
20'
R - 4.5
27' *
5'
22'
15'
R-5
27' *
5'
22'
15'
R-6
27' *
5'
22'
10'
R-7
27' *
5'
22'
10'
R-8
27' *
5'
22'
10'
NOTE: Front yard side-corner lot yard setbacks shall be measured from the back edge of the street curb. * A minimum thirty-two (32) foot setback from the back of street curb is required for garages and carports. (B) The minimum front yard set back in sub-zones SP R-4.5, SP R-5, SP R-6, SP R-7, and SP 01/10
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R-8 shall be reduced to twenty-seven (27) from the back edge of the street curb for two car enclosed garages where access is by a swing driveway. (C) The minimum rear yard setback in sub-zones SP R-4.5, SP R-5, SP R-6, SP R-7, and SP R-8 shall be reduced to five (5) feet for accessory structures. (D) The minimum front yard setback in the SP R-4, SP R-4.5, SP R-5, SP R-6, SP R-7, and SP R-8 shall be reduced to twenty-two (22) feet from the back of curb when a garage providing offstreet parking is constructed adjacent to the rear lot line and when access to said garage is provided by a rear alley. (E) Projections into the minimum front and side yard setbacks may be allowed to accommodate building projections and architectural design features as follows: (1) Eaves, cornices, belt courses, and other similar architectural ornamentation may project into a front or side yard setback not more than two (2) feet. (2) Open porches, covered unenclosed one-story porches, platforms, or terraces, the floors or which are not higher than the first floor of the building, may extend into the front yard setback a maximum of four (4) feet. Steps having a maximum height of three (3) feet may connect such porches, platforms, or terraces to the surface of the front yard. (3) Cantilevered bay windows and media niches, up to twelve (12) feet in width, may project a maximum of three (3) feet into the front yard setback or two (2) feet into the side yard setback where such projections do not extend to the ground surface. (#1044 as amended by #1077, #1130, #1239, and 1374) (F) Where a rear yard abuts dedicated, permanent public open space or similar area, a reduction in the required rear yard setback will be allowed as follows (Ord. #1374): (1) Patio structures including patio covers attached to or detached from a main or accessory building and primarily open sided may extend into the minimum required rear yard setback as follows: a) Patio structures or covers shall not exceed a maximum height of fifteen (15) feet. b) Shall not be located closer than five (5) feet from the rear property line with eave allowed to within three (3) feet of the rear property line. c) Shall conform to all lot coverage requirements and any additional development standards including side yard setbacks. (8) BUILDING HEIGHT: The maximum height in the Single-family Residential sub-zones shall be thirty feet (30) for each structure and fifteen (15) feet for each accessory structure. (9) OFF-STREET PARKING: (A) Each lot or parcel of land shall have on the same lot or parcel, space suitable for providing off-street parking for at least two (2) automobiles for each dwelling unit. Such parking facilities shall be conveniently accessible and located at a place where the erection of structures is permitted. Such parking facilities, along with the driveways, shall be paved with cement or asphaltic concrete. For all other uses, off-street parking shall be provided as prescribed in Chapter 12.85. 01/10
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(B) Automobile parking shall not obstruct sidewalks. (C) The parking of recreation vehicles including travel trailers and boats shall be prohibited in the front yard setback area. (10) LANDSCAPING: (A) Landscaping shall be provided and maintained in accordance with the provisions of Chapter 12.87 pertaining to single-family residential zoning districts. (B) Landscaping and matching street trees as specified in the conditions of approval for the subdivision map shall be planted in eight (8) foot wide parkway strips in each front and street side yard with a minimum of one tree per lot in sub-zones SP R-4 through SP R-8 prior to the issuance of the Certificate of Building Occupancy. Said landscaping and street trees shall be maintained by the abutting property owner. (11) SIGNS: All signs shall be subject to the provisions of Chapter 12.90. (12) WALLS AND FENCES: (A) Fences, walls and hedges not exceeding eight (8) feet in height shall be permitted, except that in a required front yard, or side yard of a corner lot, a fence, wall or hedge shall only be located in back of the sidewalk and shall not exceed three (3) feet in height. A fence or wall may be allowed to a height of four (4) feet provided that the additional one (1) foot height is not of a solid material. (B) For land divisions consisting of five (5) lots or more, a solid masonry wall or fence not less than six (6) nor greater than eight (8) feet in height shall be built and maintained on those sides of property which abut an existing medium and high density residential use exceeding twelve (12) dwelling units per acre, a commercial use or an industrial use, or an urban collector or major arterial road way as defined in the Circulation Element of the Yuba County General Plan. (13) DESIGN STANDARDS: (A) All new dwellings with street side entrances should be constructed with front porches. (B) Buildings within a neighborhood grouping should include a variety of roof lines, building heights and color themes to achieve visual interest. The architectural style should be compatible among all buildings within each new residential neighborhood. (14) DEVELOPMENT PLAN REVIEW: The Planning Director or his or her representative shall review all development plans for compliance with the provisions of this Title. If, in the opinion of the Director, the proposed development will not meet the provision of this Title, the Director shall inform the applicant that the building permit or other entitlement of use is disapproved. (#1405, #1422 12.82.050 Multiple-Family Residential Sub-Zones. (1) PURPOSE: The purposes of the Multiple-family residential sub-zones are as follows: (A) To reserve appropriately located areas for family living in a variety of dwelling types at a reasonable range of population densities. 01/10
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(B) To ensure adequate light, air, privacy, and open space for each dwelling unit by controls over the spacing and height of buildings and other structures. (C) To promote the most desirable use of land and direction of building development in accordance with the General Plan. (D) To provide space for community facilities needed to complement urban residential areas and for institutions which require a residential environment. (E) To minimize traffic congestion. (2) PERMITTED USES: The following uses and structures shall be permitted in Multiple-family Residential sub-zones SP R-6, Sp R-8, Sp R-10, SP R-12, SP R-15, SP R-20: (A) All permitted uses in Subsection 12.82.040(2) (Single-family Residential). (B) Multi-family dwellings. (3) USES PERMITTED WITH A CONDITIONAL USE PERMIT: The following uses and structures may be permitted in the Multiple-family Residential sub-zones only if a Conditional Use Permit has first been secured: (A) Boarding and rooming houses. (B) Mobilehome parks. (C) Convalescent hospitals. (D) Public and private nonprofit nursery schools, elementary schools, junior high schools, high schools and colleges. (E) Churches and religious institutions, private clubs and lodges, public playgrounds and parks, private or public golf courses. (F) Government buildings. (G) Public utility buildings and public service or utility uses (transmission and distribution lines excepted), including but not limited to reservoirs, storage tanks, pumping stations, telephone exchanges, power stations, transformer stations, service yards and parking lots. (H) Residential care facility serving more than six (6) individuals with the exclusion of family members. (I) Day care centers as defined in Chapter 12.120. (4) LOT AREA: The minimum net lot area for each lot in Multiple-family Residential sub-zones shall be 6,000 square feet for an interior lot and 7,365 square feet for a corner lot. (5) LOT WIDTH: The minimum lot width for each lot in Multiple-family Residential Sub-zones 01/10
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shall be 60 feet for interior lots and 75 feet for corner lots. (6) LOT DENSITY: The maximum number of dwelling units per acre shall be as follows: Sub-zone Minimum Units/Acre Maximum Units/Acre R-6 N/A 6 R-8 N/A 8 R-10 N/A 10 R-12 6 12 R-15 7 15 R-20 10 20 (7) PUBLIC STREET FRONTAGE: Each parcel or lot shall abut a public street in Multiple-family Residential sub-zones and have a minimum of forty (40) feet of street frontage. (8) YARD SETBACK REQUIREMENTS: (A) The minimum yard setback for each building or structure erected or enlarged in Multiplefamily Residential sub-zones shall be as follows: Front Yard: Side YardInterior Lot:
One (1) Story Two (2) Story 20' 30' 5'
Side-Yard-Corner Lot: 15' Rear: 10'
15' 30' 20'
NOTE: Front yard and side-corner lot yard setbacks shall be measured from the back edge of the street curb. (B) The minimum front yard setback shall be reduced to twenty-seven (27) feet for two car enclosed garages where access is by a swing driveway or for carports in an apartment complex which are screened by landscaping from the public road. (C) The minimum front yard setback in sub-zones R-6 through SP R-10 shall be reduced to twenty-seven (27) feet for two family dwelling units. (9) BUILDING HEIGHT: The maximum height in Multiple-family Residential sub-zone shall be thirty (30) feet for each primary structure and fifteen (15) feet for each accessory structure. (10) LANDSCAPING: Landscaping shall be provided and maintained in accordance with the provisions of Chapter 12.87 pertaining to multiple-family residential zoning districts. (11) OFF-STREET PARKING: Each lot or parcel of land shall have on the same lot or parcel space suitable for providing off-street parking for at least two (2) automobiles for each dwelling unit. Such parking facilities shall be conveniently accessible and located at a place where the erection of structures is permitted. Such parking facilities, along with the driveways, shall be paved with cement or asphaltic concrete. For all other uses, off-street parking shall be provided as prescribed in Chapter 12.85. 01/10
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(12) DRIVEWAY: A driveway which serves an off-street parking facility(ies) for fewer than three (3) dwelling units shall be at least ten (10) feet wide. A driveway which serves off-street parking facilities for three (3) or more dwelling units of a multi-family development shall be at least twenty (20) feet wide. All driveways shall be paved the entire length and width as prescribed in Chapter 12.85. (13) SIGNS: All signs shall be subject to the provisions of Chapter 12.90. (14) WALLS AND FENCES: (A) Fences, walls and hedges not exceeding eight (8) feet in height shall be permitted, except that in a required front yard, or side yard of a corner lot, a fence, wall or hedge shall only be located in back of the sidewalk and shall not exceed three (3) feet in height. A fence or wall may be allowed to a height of four (4) feet provided that the additional one (1) foot height is not of a solid material. (B) For multiple-family residential projects exceeding twelve (12) dwelling units per acre, a solid masonry wall not less than six (6) feet nor greater than eight (8) feet in height shall be built and maintained on those sides of property which abut a low density residential zone or an existing commercial or industrial use. This provision shall be met before the Certificate of Occupancy may be issued by the Building Official. (15) STORAGE: (A) No outside, unenclosed storage shall be permitted. (B) All common refuse collection areas for complexes consisting of three or more dwelling units shall be enclosed on at least three (3) sides by five (5) foot high wall. Said wall shall be constructed of masonry or other material as specifically approved by the Planning Director. The wall shall be consistent in architecture with the project in which it is located. Adequate access for refuse pick-up shall be provided. (16) OPEN SPACE REQUIREMENTS: (A) Buildings, roofed areas and parking facilities, including drive and access ways, shall not cover more than 75% of the site. A minimum open space area around each building shall be maintained as follows: One (1) Story Building = Ten (10) feet. Two (2) Story Building = Fifteen (15) feet. (B) Residential facilities such as swimming pools, tennis courts, tot-lots and picnic areas shall be provided to meet the projected needs of the project population. (C) All common open space areas shall be designated with a specific function. (D) Open space areas shall be connected with on-site pedestrian circulation systems. Common areas shall be readily accessible from all buildings. (E) Residential units adjacent to existing open space corridors should be oriented towards the open space and should incorporate such corridors in project design. 01/10
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(17) NOISE AND LIGHTING. (A) All noise generating mechanical devices shall be located so that their potential as a nuisance to abutting properties is minimized. In addition to location as a noise mitigation measure, noise reduction walls and low noise emission products shall be constructed to reduce noise levels to 55 db(a) at the property lines. (B) Lighting from multi-family residential projects shall not create glare for adjacent residential properties. (18) DESIGN STANDARDS: (A) Townhouse and apartment developments should be compatible, with regard to bulk, design, grading and landscaping, with developments on surrounding parcels. (B) Architectural treatment and detail shall be consistent among buildings, but should create visual interest through orientation, form and alignment of individual buildings. (C) All screening, fencing and retaining walls shall be of compatible materials, color and texture with their related buildings. (19) DEVELOPMENT PLAN REVIEW: The Planning Director or his or her representative shall review all development plans for compliance with the provisions of this Title. If, in the opinion of the Director, the proposed development will not meet the provision of this Title, the Director shall inform the applicant that the building permit or other entitlement of use is disapproved. (#1044 as amended by #1077, #1097, #1130, #1335, #1405) 12.82.060 Business and Professional (BP) Sub-Zone. (1) PURPOSE: The purposes of this sub-zone are as follows: (A) To provide an area for business and professional office uses and compatible related uses. (B) To promote a harmonious development of business and professional office areas with adjacent commercial or residential development. (C) To provide sufficient and appropriate space, and in particular sufficient depth from the street, to meet the needs of the County' s expected future economy for modern commercial floor space in major commercial centers. (D) To strengthen the economic base of the County and to protect the County' s tax revenues. (E) To protect residential areas from incompatible commercial uses by controlling the locations and design of commercial areas. (2) PERMITTED USES: The following uses and structures shall be permitted in the BP sub-zone: (A) Professional offices or clinics including but not limited to architectural, engineering, financial, insurance, legal, medical and dental, and real estate. (B) Business services, agencies and firms including but not limited to advertising, computer software and system design, delivery, messenger, photocopy, stenographic, telephone answering, 01/10
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ticket and travel. (C) Accessory uses which support the professional and business uses in the complex and are located as a tenant in a building and not occupying more than 15% of the total floor area of the building, including but not limited to barbershop, beauty saloon, and eating and drinking establishments. (D) Underground public utility facilities. (E) Health Clubs, fitness centers, gyms, and athletic clubs. (#1403) (3) USES PERMITTED WITH A CONDITIONAL USE PERMIT: The following uses and structures may be permitted in the BP sub-zone if a Conditional Use Permit has first been secured. (A) Hospital. (B) Churches and religious institutions, private clubs and lodges. (C) Government buildings. (D) Schools and colleges. (E) Residential care facility. (F) Day care centers as defined in Chapter 12.120. (G) Public utility buildings and public service or utility uses (transmission and distribution lines excepted). (4) LOT AREA: The minimum net lot area for each lot in the BP sub-zone shall be 10,000 square feet. (5) LOT COVERAGE: Buildings, roofed areas and parking facilities, including drive and access ways, shall not cover more than 60% of the site. (6) LOT WIDTH: The minimum lot width for each lot in the BP sub-zone shall be one hundred (100) feet. (7) PUBLIC STREET FRONTAGE: Each parcel or lot shall abut a public street in the BP sub-zone for a minimum of sixty (60) feet. (8) YARD SETBACK REQUIREMENTS: The minimum yard setback for each building or structure erected or enlarged in the BP sub-zone shall be as follows: Front: 50' Side-interior lot: 25' Side-corner lot: 50' Rear: 25' (9) BUILDING HEIGHT: No building or structure in the BP sub-zone shall exceed thirty-five (35) feet in height. 01/10
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(10) LANDSCAPING: Landscaping shall be provided and maintained in accordance with the provision of Chapter 12.87 pertaining to commercial zoning districts and in accordance with the following: (A) Business-professional sites that abut residential areas shall provide a landscape buffer of not less than 10 feet wide for single-story buildings and 15 feet wide for two-story buildings. (B) Landscaping should include mounding and berming as a means of adding visual interest. (11) SIGNS: All signs shall be subject to the provisions of Chapter 12.90 pertaining to commercial zoning districts. (12) OFF-STREET PARKING: (A) Off-street parking facilities shall be provided subject to the provisions of Chapter 12.85. (B) Bicycle storage shall be provided in a highly visible area at a ratio of one (1) space per 1,000 square feet. (13) DRIVEWAY: All driveways which serve off-street parking facilities shall be at least twenty (20) feet wide. All driveways shall be paved the entire length and width as prescribed in Chapter 12.85. (14) WALLS AND FENCES: A solid wall not less than six (6) nor greater than eight (8) feet in height shall be built and maintained on those sides of property which abut a residential zone, provided that such a wall has not already been provided on the adjacent property. Said wall shall be constructed of masonry and shall be consistent in architecture with the project in which it is located. (15) STORAGE: (A) No outside, unenclosed storage shall be permitted. (B) Loading, service and trash enclosure areas shall be fully screened from view by a combination of masonry walls, grade separation and/or dense landscaping. (C) Adequate access for refuse pick-up shall be provided. (16) NOISE AND LIGHTING: (A) All noise generating mechanical devices shall be located so that their potential as a nuisance to abutting properties is minimized. In addition to location as a noise mitigation measure, noise reduction walls and low noise emission products shall be constructed to reduce noise levels to 55 db (A) at the property lines. (B) Lighting from business-professional projects shall not create glare for adjacent residential properties. (17) DESIGN STANDARDS: (A) Business and professional buildings shall be oriented adjacent to roadways and sidewalks, with the primary parking areas at the rear and/or side of the building in order to make the buildings more inviting to pedestrians. 01/10
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(B) Pedestrians plazas with landscaping, seating, drinking fountains and points of interest, such as water elements or sculpture, shall be incorporated into the project design. (C) Buildings shall be of an architectural design and character compatible with other new buildings in the Specific Plan area in order to provide the quality image desired by professional and corporate users. Business-professional buildings shall have unified design utilizing consistent building materials, architectural style, textures, detail, landscaping and signage. (D) Diverse building layouts and orientations, varying setbacks building heights and bulk, staggering of buildings and roof lines, and distinct architectural forms are encouraged to create visual interest. (E) Compatible building materials, textures, details, colors, roof treatment, and landscaping shall be used on all sides of building visible from roadways, adjacent properties or the general public. (F) Tilt-up type construction is discouraged. If used, it shall be covered by stucco, brick or other approved surface treatment approved by the Planning Director. (G) Screens, fences and accessory structures shall be compatible in material, color and texture with the main buildings. (H) Pedestrian walkways shall provide access to business-professional areas separate from major vehicular driveways and circulation. (18) DEVELOPMENT PLAN REVIEW: The Planning Director or his or her representative shall review all development plans for compliance with the provisions of this Title. If, in the opinion of the Director, the proposed development will not meet the provision of this Title, the Director shall inform the applicant that the building permit or other entitlement of use is disapproved. (#1044, #1405) 12.82.070 General Commercial (GC). (1) PURPOSE: The purposes of this sub-zone are as follows: (A) To provide an area for small retail sales and service centers, specialty retail stores, convenience commercial and consumer service establishments and limited business and professional office uses. (B) To strengthen the economic base of the County and to protect the County' s tax revenues. (C) To protect residential areas from incompatible commercial uses by controlling the locations and design of commercial areas. (2) PERMITTED USES: The following uses and structures when conducted solely within a building shall be permitted in the GC sub-zone: (A) Retail trade establishments: appliances, apparel, automotive supplies, drugs, food, general merchandise, home improvement, home furnishing, and liquor stores. (B) Business and professional uses, identified in subsection 12.82.060(2)(A) and (B) occupying less than 2,000 square feet in floor area. 01/10
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(C) windows. rental.
Eating and drinking establishments excluding "fast-food" restaurants with drive-up
(D) Specialty retail establishments including but not limited to florists, jewelers, video tape
(E) Consumer service establishments including but not limited to barber shops, dance or gymnastics studios, hair salons, health, clubs, fitness centers, gyms, athletic clubs, Laundromats, travel agencies, radio and/or TV repair, photography studio, shoe repair. (#1403) (F) Underground public utility facilities. (3) Uses permitted with a Conditional Use Permit: The following uses and structures are permitted in the GC sub-zone if a Conditional Use Permit has first been secured: (A) Automotive service stations, car wash establishments, repair garages excluding painting and tire sales. (B) Eating and drinking establishments with drive up windows. (C) Government buildings. (D) Schools and colleges. (E) Public utility facilities, accessory structures, and service yards. storage.
(F) Retail trade and consumer service establishments excluding auto sales involving outdoor
(4) LOT AREA: The minimum net lot area for each lot in the GC sub-zone shall be 10,000 square feet. (5) LOT WIDTH: The minimum lot width for each lot in the GC sub-zone shall be one-hundred (100) feet. (6) PUBLIC STREET FRONTAGE: Each parcel or lot shall abut a public street in the GC sub-zone for a minimum of sixty (60) feet. (7) YARD SETBACK REQUIREMENTS: The minimum yard setback for each building or structure erected or enlarged in the GC sub-zone shall be as follows: Front: 25' Side-interior lot: None, 15'if adjacent to a residential zone. Side-corner lot: 25' Rear: 15' (8) BUILDING HEIGHT: No building or structure in the GC sub-zone shall exceed thirty (30) feet in height. (9) LANDSCAPING: Landscaping shall be provided and maintained in accordance with the provision of Chapter 12.87 pertaining to commercial zoning districts. In addition, a landscape buffer of not less than 10 feet wide for single-story buildings and 15 feet for two-story buildings shall be 01/10
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provided on Commercial sites that abut residential areas. (10) SIGNS: All signs shall be subject to the provisions of Chapter 12.90 pertaining to commercial zoning districts. (11) OFF-STREET PARKING: (A) Off-street parking facilities shall be provided subject to the provisions of Chapter 12.85. (B) Secure bicycle parking areas shall be provided at each commercial location. (C) Parking lot design shall provide for good aisle circulation, adequate truck loading areas, minimization of conflicts, and ease of access. Angle parking with one-way circulation shall be utilized when practical. (D) Parking shall be located long the sides and/or rear of structures rather than in front wherever feasible, in order to pull storefronts closer to the sidewalk, thereby creating environments which are inviting to pedestrians as well as more human in scale. (E) Visually-separated service entries shall be provided for the delivery of merchandise. (12) DRIVEWAY: All driveways which serve off-street parking facilities shall be at least twenty (20) feet wide. All driveways shall be paved the entire length and width as prescribed in Chapter 12.85. (13) WALLS AND FENCES: A solid wall not less than six (6) nor greater than eight (8) feet in height shall be built and maintained on those sides of property which abut a residential zone, provided that such a wall has not already been provided on the adjacent property. Said wall shall be constructed of masonry and shall be consistent in architecture with the project in which it is located. (14) STORAGE: (A) Loading, service and trash enclosure areas shall be fully screened from view by a combination of masonry walls, grade separation and/or dense landscaping. (B) Adequate access for refuse pick-up shall be provided. (15) NOISE AND LIGHTING: (A) All noise generating mechanical devices shall be located so that their potential as a nuisance to abutting residential properties is minimized. Noise reduction walls and low noise emission products shall be constructed to reduce noise levels to 55 db(A) at the property lines. (B) Lighting from Commercial projects shall not create glare for adjacent residential uses. (16) DESIGN STANDARDS: (A) Tilt-up type construction is generally discouraged for commercial buildings. If used, it shall be covered by stucco, brick or other surface treatment approved by the Planning Director. (B) Compatible building materials, textures, detail, colors, roof treatment and landscaping shall be used on all sides of buildings visible from roadways, adjacent properties or the general public. 01/10
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(C) Buildings shall be designed and sited in proper proportion and manner to be compatible with the architectural design and siting of existing and proposed buildings in surrounding residential areas. (D) Screens, fences and accessory structures shall be compatible in material, color and texture with the main buildings. (E) Pedestrian walkways shall provide access to commercial areas separate from major vehicular driveways and circulation where feasible. (17) DEVELOPMENT PLAN REVIEW: The Planning Director or his or her representative shall review all development plans for compliance with the provisions of this Title. If, in the opinion of the Director, the proposed development will not meet the provision of this Title, the Director shall inform the applicant that the building permit or other entitlement of use is disapproved. (#1044, #1405) 12.82.080 Commercial Center (CC) Sub-Zone. (1) PURPOSE: The purposes of this sub-zone are as follows: (A) To provide an area which will offer a wide choice of retail goods and services as well as lodging and recreation services while promoting the unified grouping of said uses, with convenient off-street parking and loading areas. (B) To provide sufficient and appropriate space, and in particular sufficient depth from the street, to meet the needs of the County' s expected future economy for modern retail development in commercial centers. (C) To strengthen the economic base of the County and to protect the County' s tax revenue. (D) To protect residential areas from incompatible commercial uses by controlling the locations and design of commercial areas. (2) PERMITTED USES: The following uses and structures when conducted solely within a building shall be permitted in the CC sub-zone: (A) Retail trade, eating and drinking, specialty retail, and consumer service establishments identified in subsection 12.82.070(2) and business and professional uses identified in subsection 12.82.070(2) and business and professional uses identified in subsection 12.82.060(2)(A) and (B) without drive-up tellers. (B) Automotive repair service as an incidental use to a permitted retail use. (C) Lodging including hotels and motels. (D) Indoor recreational uses and structures including but not limited to theaters, gyms, skate rinks, bowling alleys and martial arts studios. (E) Underground public utility facilities. (3) USES PERMITTED WITH A CONDITIONAL USE PERMIT: The following uses and structures are permitted in the CC sub-zone if a Conditional Use Permit has 01/10
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first been secured: (A) All uses and structures identified in subsection 12.82.070(3). (B) Business and professional uses utilizing drive-up tellers. (C) Outdoor recreational uses and structures excluding drive-in movie theaters. (4) LOT AREA: The minimum net lot area for each lot in the CC sub-zone shall be 10,000 square feet. (5) LOT WIDTH: The minimum lot width for each lot in the CC sub-zone shall be one-hundred (100) feet. (6) PUBLIC STREET FRONTAGE: Each parcel or lot shall abut a public street in the CC sub-zone for a minimum of sixty (60) feet. (7) YARD SETBACK REQUIREMENTS: The minimum yard setback for each building or structure erected or enlarged in the CC sub-zone shall be as follows: Front: 50' Side-interior lot: None, 25'if adjacent to a residential zone. Side-corner lot: 50' Rear: 25' (8) BUILDING HEIGHT: No building or structure in the CC sub-zone shall exceed thirty-five (35) feet in height. (9) LANDSCAPING: Landscaping shall be provided and maintained in accordance with the provision of Chapter 12.87 pertaining to commercial zoning districts. In addition, a landscape buffer of not less than 10 feet wide for single-story buildings and 15 feet for two-story buildings shall be provided on Commercial sites that abut residential areas. (10) SIGNS: All signs shall be subject to the provisions of Chapter 12.90 pertaining to commercial zoning districts. (11) OFF-STREET PARKING: (A) Off-street parking facilities shall be provided subject to the provisions of Chapter 12.85. (B) Secure bicycle parking areas shall be provided at each commercial location. (C) Parking lot design shall provide for good aisle circulation, adequate truck loading areas, minimization of conflicts, and ease of access. Angle parking with one-way circulation shall be utilized when practical. (D) Parking shall be located along the sides and/or rear of structures rather than in front wherever feasible, in order to pull storefronts closer to the sidewalk, thereby creating environments which are inviting to pedestrians as well as more human in scale. (E) Visually-separated service entries shall be provided for the delivery of merchandise. 01/10
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(12) DRIVEWAY: All driveways which serve off-street parking facilities shall be at least twenty (20) feet wide. All driveways shall be paved the entire length and width as prescribed in Chapter 12.85. (13) WALLS AND FENCES: A solid wall not less than six (6) nor greater than eight (8) feet in height shall be built and maintained on those sides of property which abut a residential zone, provided that such a wall has not already been provided on the adjacent property. Said wall shall be constructed of masonry and shall be consistent in architecture with the project in which it is located. (14) STORAGE: (A) Loading, service and trash enclosure areas shall be fully screened from view by a combination of masonry walls, grade separation and/or dense landscaping. (B) Adequate access for refuse pick-up shall be provided. (15) NOISE AND LIGHTING: (A) All noise generating mechanical devices shall be located so that their potential as a nuisance to abutting residential properties is minimized. Noise reduction walls and low noise emission products shall be constructed to reduce noise levels to 55 db(A) at the property lines. (B) Lighting from Commercial projects shall not create glare for adjacent residential uses. (16) DESIGN STANDARDS: (A) Tilt-up type construction is generally discouraged for commercial buildings. If used, it shall be covered by stucco, brick or other surface treatment approved by the Planning Director. (B) Facilities to encourage and accommodate pedestrians and public activity, as well as to create a sense of "place" shall be incorporated into the design of commercial projects of ten (10) acres or more. Such facilities shall include, but not be limited to, plazas, fountains, pedestrian seating areas and other design elements. (C) Buildings shall be designed and sited in proper proportion and manner to be compatible with the architectural design and sitting of other buildings in surrounding residential areas. (D) Commercial centers shall have a unified design utilizing consistent building materials, architectural styles, textures, detail colors, fencing, screening, landscaping and signage. When the rear or side of a commercial building is visible to the public or from adjacent land uses, such elevations shall be treated with the same architectural treatment, materials and colors as the primary frontage. (E) Pedestrian walkways shall provide access to commercial areas separate from major vehicular driveways and circulation where feasible. (17) DEVELOPMENT PLAN REVIEW: The Planning Director or his or her representative shall review all development plans for compliance with the provisions of this Title. If, in the opinion of the Director, the proposed development will not meet the provision of this Title, the Director shall inform the applicant that the building permit or other entitlement of use is disapproved. (#1044, #1405) 01/10
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12.82.090 Public Facilities (PF) Sub-Zone. Public schools, parks, civic center, fire and police stations, public utility facilities and other similar uses and structures shall be permitted in the PF subzone in accordance with Chapter 12.72 and with the following: (1) PUBLIC UTILITIES: Public utilities such as transformers, terminal boxes, meters, fire risers, back flow preventers and other similar facilities, shall be screened and oriented away from public view except as required by the County or public utility companies. (2) PUBLIC FACILITIES: Public facilities shall be designed and landscaped compatible with adjacent non-public uses. (3) INSTITUTIONAL USES: Institutional uses shall be of a design and scale compatible with neighboring residential uses and shall incorporate landscaping, setbacks and siting standards similar to those required in adjacent land uses. (#1044)
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CHAPTER 12.83 “S/E” SPORTS/ENTERTAINMENT ZONE Sections 12.83.010 Purpose 12.83.020 Permitted Uses 12.83.030 Development Standards and Requirements
12.83.010 Purpose. This Zone Classification is intended to be applied to property designated as Sports/Entertainment pursuant to the Yuba County Raceway, which can be used for, or proposed to be used for, a sports facility including a motor vehicle raceway, a golf course, an amphitheatre, commercial uses (including but not limited to commercial uses related to a raceway or amphitheatre), and accessory uses. (Ord. #1219) 12.83.020 Permitted Uses. The following uses and structures shall be permitted in the “S/E” Zone” (1) A motor vehicle racing facility, which may include such structures as an oval track for motor vehicle racing, a road course, a dragstrip, infield service or spectator areas, spectator grandstands and related visitor-serving uses, garages and parking, service facilities for race vehicles, and restroom and meeting facilities. (2) An amphitheatre or entertainment facility for the performance of concerts or other entertainment events, including such structures and uses as restaurants and food service, parking, and concessions. (3) Equestrian and rodeo events. (4) Restaurants, food service, and hotel and lodging facilities. (5) Facilities which may be required or desirable to provide services to a sports center and amphitheatre, including water supply, water treatment, and wastewater treatment and disposal. (6) Uses and structures which are incidental or accessory to the permitted uses. (7) Uses and structures which the Planning Director determines by written findings are similar to the above. (Ord. #1219, #1405) 12.83.030 Development Standards and Requirements. The following development standards and requirements shall be fulfilled in connection with the construction of a raceway and amphitheatre in the “S/E” Zone: (1) All facilities and uses on the site shall be required to comply with all applicable federal, state, and local laws, ordinances, and regulations. (2) To provide adequate access to the site, the following easements and rights of way shall be dedicated to Yuba County: 01/10
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(a) Sufficient right-of-way easement to provide an ultimate 55-foot wide roadway for the portion of Forty Mile Road lying adjacent to the bounds of Yuba County Raceway Site. (b) An ultimate 110 foot right-of-way easement for road purposes for that portion of Forty Mile Road from State Highway 65 southerly to Plumas Arboga Road. (c) An ultimate 84 foot right-of-way easement for road purposes for that portion of Plumas Arboga Road and Algodon Road from Forty Mile Road westerly to the westerly right-of-way line of State Highway 70. (3) To provide adequate access to the site, funding shall be provided to Yuba County to complete the construction of the following road improvements in compliance with any applicable standards of the California Department of Transportation (Caltrans) and Yuba County, and to acquire any additional right of way required for such construction consistent with Caltrans and Yuba County requirements: (a) An off-ramp from State Highway 70 to Algodon Road. An auxiliary freeway lane shall be constructed in conjunction with, and at the time of, the planned widening of State Highway 70. (b) An on-ramp from Algodon Road onto State Highway 70. An auxiliary freeway lane shall be constructed in conjunction with, and at the time of, the planned widening of State Highway 70. (c) A 3-lane roadway from the westerly right-of-way line of State Highway 70 easterly along Algodon Road and Plumas Arboga Road to Forty Mile Road. (d) A southbound off-ramp from State Highway 65 to Forty Mile Road including an auxiliary freeway lane. (e) A 4-lane roadway from State Highway 65 southerly along Forty Mile Road to Plumas Arboga Road. (f) The northbound left turn pocket on State Highway 65 at Morrison Road shall be lengthened to provide a deceleration lane. g) A 3-lane roadway from State Highway 65 westerly along Morrison Road to the southerly boundary line of the project. (h) If requested by Caltrans prior to commencement of operations of other raceway, complete funding shall be provided for a traffic signal at the intersection of State Route 65 and Main Street within the City of Wheatland. (4) A water system for public use and a sewage treatment and disposal system shall be constructed in compliance with applicable standards. (5) At least 30 days prior to operating a raceway or amphitheatre facility, a traffic control and security plan shall be prepared in coordination with the Yuba County Sheriff, the Yuba County Office of Emergency Services, the California Highway Patrol, the Yuba County Agricultural Commissioner, and the Plumas Brophy Fire Protection District. This plan shall address such elements as satellite parking facilities, shuttle bus usage and routes, information brochures, emergency services access, employee rideshare during major events, avoidance of conflicts with agricultural operations, and the 01/10
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security and safety for spectators, visitors and employees. The plan shall be updated at least annually in coordination with the same agencies. (6) Race events shall be scheduled so as to disperse arrivals and departures from the site over several hours of the day to reduce peak hour demand on the adjacent transportation system. This shall include scheduling of other races and attractions both before and after the main event. (7) Fire protection and emergency response shall be provided at race events in compliance with all applicable laws and regulations. At least 30 days prior to operating a raceway, a fire protection and emergency response plan shall be prepared in coordination with the Yuba County Office of Emergency Services and Plumas-Brophy Fire Protection District. (8) A preconstruction survey shall be conducted to determine whether Swainson’s Hawk nesting is occurring on the site during the raptor nesting season. If Swainson’s Hawk nesting is observed, a construction buffer of not less than 150 feet shall be maintained during the nesting season from March to July. (9) If evidence of subsurface archaeological resources is found during construction, excavation in the vicinity of the find shall cease, a professional archaeologist shall conduct an evaluation in accordance with state and federal laws and regulations, and the find shall be documented or preserved to the extent required by applicable laws and regulations. (10) A six foot high chain link fence shall be erected along the project boundary where it abuts the main South Yuba Water District canal. The fence shall be set back far enough from the canal to allow access for maintenance of the canal. Fence-line security along the South Yuba Water District canal shall be provided during racing events. (11) No overnight camping or recreational vehicle parking shall be permitted within 150 feet of the South Yuba Water District main canal. (Ord. #1219)
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CHAPTER 12.84 “I/C” INDUSTRIAL/COMMERCIAL ZONE Sections 12.84.010 Purpose 12.84.020 Permitted Uses 12.84.030 Uses Permitted With a Conditional Use Permit ______________________________ 12.84.010 Purpose. This Zone Classification is intended to be applied to property designated as Industrial/Commercial pursuant to the Yuba County Raceway, which can be used for, or proposed to be used for, a mix of light industrial and commercial uses which are compatible with the raceway and other uses to be developed in the Sports/Entertainment Zone (Ord. #1219) 12.84.020 Permitted Uses. The following uses and structures shall be permitted in the “I/C” Zone”: (1) Research and development and light industrial uses and facilities, including motor vehicle testing and other research and development related to motor vehicle technology. (2) Hotels, motels, restaurants, food service, parking and concessions. (3) Retail and commercial service uses relating to equestrian and rodeo events. (4) Motor vehicle dealers, repair and service stations, repair garages, tire sales, body shops and vehicle paint shops, providing any repair, bodywork or painting is conducted inside a building. (5) Retail trade and wholesale trade establishments. (6) Uses and structures which are incidental or accessory to the permitted uses. (7) Uses and structures which the Planning and Building Services Director determines by written bindings are similar to the above. (Ord. #1219) 12.84.030 Uses Permitted With a Conditional Use Permit. The following uses and structures may be permitted in the “I/C” Zone” only if a Conditional Use Permit has been secured: (1) All permitted uses in the “C” General Commercial Zone, and all uses permitted with a conditional use permit in the “C” General Commercial Zone, except to the extent such uses are specifically permitted pursuant to Section 12.84.020 above. (2) All permitted uses in the “RC” Rural Commercial Zone, and all uses permitted with a conditional use permit in the “RC” Rural Commercial Zone, except to the extent such uses are specifically permitted pursuant to Section 12.84.020 above. (Ord. #1219)
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CHAPTER 12.85 OFF-STREET PARKING AND LOADING FACILITIES Sections 12.85.010 Purpose 12.85.020 Definitions 12.85.030 Parking Space Requirement 12.85.040 Requirements for Parking Variances 12.85.050 Standards for Off-Street Parking Facilities 12.85.060 Off-Street Loading Facilities 12.85.070 Bicycle Parking Requirement ______________________________________ 12.85.010 Purpose. In order to prevent traffic congestion, off-street parking facilities shall be provided incidental to any new building or structure and major alterations and enlargements of existing uses. Off-Street parking spaces or areas required shall be in proportion to the need for such facilities created by the particular type of land use. Off-street parking facilities shall also be laid out in such a manner that the facilities will protect the public safety and insulate surrounding land uses from their impact. (#906) 12.85.020 Definitions. (1) PARKING AREA, OFF-STREET: An area, building or space exclusive of street or alley rights-ofway, used for the parking of automobiles. (2) PARKING AREA, PUBLIC: An off-street parking area publicly or privately owned available for public use whether free, for compensation or as an accommodation for clients or customers. (3) PARKING SPACE: Space in the open, within a structure on private property or in a public parking area designed for the parking of one automobile. (4) NET FLOOR AREA: The total floor area excluding public areas such as hallways, stairs, lobbies and storage or service areas. (5) GROSS FLOOR AREA: The total floor area including public areas such as hallways, lobbies, washrooms, related storage areas, and service rooms or areas but excluding unfinished dead storage and mechanical areas. (6) SEATS OR SEATING CAPACITY: Shall refer to the actual seating capacity of an area based upon the number of seats or one seat per 18 inches of bench or pew length. (7) SHOPPING CENTER: A group of contiguous retail stores, service facilities and related uses utilizing common facilities such as parking, landscaping, signing and loading areas. This group does not have to be in a single ownership. (8) PLACE OF PUBLIC ASSEMBLY: A location, auditorium hall or similar facility, publicly or privately owned, developed for the principal purpose of accommodating groups of persons for meetings, exhibitions, shows and other public interest events. 01/10
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(9) BICYCLE PARKING: Bicycle parking facilities shall include provisions for storage and locking of bicycles, either in locers or secured racks, or equivalent installations in which the bicycle wheels and frame may be locked. Racks and lockers shall be anchored so that they cannot be easily removed. (#906, as amended by #1403) 12.85.030 Parking Space Requirements. Off-street parking space shall be provided in connection with the erection or major alteration, extension, or change of use of any building or structure as follows: (1) Residential: (a) Rooming houses, boarding houses, and private lodges shall provide at least one (1) parking space for each bedroom. (b) Hotels and motels shall provide one space for each room. There shall be one (1) parking space for each two (2) employees per shift regularly employed by the establishment within the motel/hotel. (c) Mobilehome parks shall provide at least two (2) parking spaces for each mobilehome space. (d) Residential care facilities shall provide at least two (2) parking spaces. (2) Medical Offices, Clinics, Hospitals, and Other Facilities: (a) Dental and medical clinics and offices: one (1) parking space for each two hundred (200) square feet of gross floor area, or four (4) parking spaces for each doctor, whichever is greater. (b) Hospitals: 1.3 spaces per bed. (c) Veterinary hospitals and offices: one (1) parking space for each two hundred fifty (250) square feet of gross floor area. (d) Convalescent Hospitals: 15 spaces, 4 beds. (3) Educational Facilities: (a) Kindergarten and nursery schools: one (1) parking space for each employee plus one (1) parking space for each ten (10) children. (b) Elementary and junior high schools: one (1) parking space for each employee plus two (2) parking spaces for each classroom. (c) High Schools: one (1) parking space for each employee plus seven (7) parking spaces for each classroom. (d) Colleges, business and professional schools and colleges, trade schools: One (1) parking space for each employee plus ten (10) parking spaces for each classroom. (e) Trade Schools: One space for every sixty feet of classroom plus one space for every 25 01/10
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square feet of other floor area. (4) Places of Public Assembly: For auditoriums, community centers, theaters, churches, libraries, museums, stadiums, clubs and funeral chapels: one (1) parking space for every five (5) permanent seats or one (1) parking space for every thirty (30) square feet of gross floor are, whichever is less. (5) Recreational Facilities: (a) Bowling alleys: four (4) parking spaces for each alley plus one (1) parking space for each one hundred (100) square feet of gross floor area used for restaurant and/or cocktail lounge. (b) Billiard and/or Pool Parlor: two (2) parking spaces for each table. (c) Dance Halls: one (1) parking space for each thirty-five (35) square feet of dance floor area, plus one (1) parking space for each five (5) fixed seats or for each thirty-five (35) square feet of seating area where there are no fixed seats. (6) Commercial and Industrial Facilities: (a) Banks and other financial institutions: one (1) parking space for each two hundred fifty (250) square feet of gross floor area. (b) General retail stores, except as otherwise specified: one (1) parking space for each three hundred (300) square feet of gross floor area. (c) Offices including all public and professional offices, except as otherwise specified: one (1) parking space for each two hundred and fifty (250) square feet of gross floor area, with a minimum of four (4) parking spaces. (d) Commercial service establishments, repair shops, wholesale establishments and retail stores which handle only bulky merchandise such as furniture, household appliances, motor vehicles, farm implements and machinery: one (1) parking space for each five hundred (500) square feet of gross floor area. (e) Automobile dealerships: one (1) parking space for each two (2) employees during the time of maximum employment, plus one (1) parking space for each two thousand (2,000) square feet of lot and building area used for the display or storage of automobiles. (f) Self-service laundries and dry cleaners: one (1) parking space for each three (3) washing machines. (g) Automobile repair shops: one (1) parking space for four hundred (400) square feet of gross floor area. (h) Barber shops, beauty salons: two (2) parking spaces for each barber or beautician. With a minimum of four (4) spaces. (i) Restaurants, cafes, soda fountains and similar establishments: one (1) parking space for each one hundred (100) square feet of gross floor area. (j) Manufacturing plants and other industrial uses: one (1) parking space for each 500 square feet of floor area. 01/10
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(k) Warehousing: One space for each 1,000 square feet of floor area. (l) Retail food market: one (1) parking space for each five hundred (500) square feet of gross floor area. (m) Nurseries, Retail: One (1) parking space for each one thousand five hundred (1,500) square feet of site area, plus one (1) loading space for each acre of site area. (n) Shopping Centers (Major): one (1) parking space for each two hundred (200) square feet of gross floor area. (o) Open uses, commercial and industrial uses conducted primarily outside of buildings: one (1) parking space for each employee on the maximum shift, plus additional parking spaces prescribed by the Planning Director. (p) Transportation terminal facilities: one (1) parking space for each two employees plus additional parking spaces prescribed by the Planning Director. (7) Sports and Entertainment Facilities: Outdoor motor vehicle racing facilities, amphitheaters or entertainment facilities, or equestrian and rodeo facilities having an occupancy capacity in excess of 10,000 persons shall submit proposed parking facility plans for approval to the Planning Commission. The number of required parking spaces shall be based on supporting evidence provided by the applicant on the ratio of persons per vehicle. For a use not specified in this section, the same number of off-street parking spaces shall be provided as are required for the most similar specified use. (#906 as amended by #1130, #1239, #1405) 12.85.040 Requirements for Parking Variances Adjustments to the number of required parking spaces. The number of parking spaces required by subsection 12.85.030, may be reduced as follows: (1) Specific plan, area plan, and/or community plan provisions. Provisions may be made in a specific plan, area plan, and/or community plan to allow reductions in the number of required parking spaces based upon special provisions, such as providing golf cart or electric car parking where special provisions are made for golf carts or electric cars. Parking requirements for downtown and/or town centers may also have reduced off-street parking where on-street parking, public parking areas, or other provisions that allow for shared or reduced parking exist. (2) Parking Reductions for Shared Parking. If an applicant believes the number of parking spaces required for their building complex as specified in Subsection 12.85.030 (which is the sum of all the users within the building complex) is not applicable because the hours of operation of different tenants/uses within the building complex will effectively allow for dual use of the parking spaces then the applicant may request a Parking Variance for Shared Parking. The Approving Authority shall be the Zoning Administrator (SDC/ZA). The applicant shall have the burden of proof for requesting a reduction in the total number of required off-street parking spaces, and documentation shall be submitted substantiating this request. Shared parking reductions shall only be approved by the Approving Authority if: (a) A sufficient number of spaces are provided to meet the greatest parking demand of the participating uses; 01/10
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(b) Satisfactory evidence is provided describing the nature of the uses and the times when the uses operate so as to demonstrate the lack of potential conflict between them; Overflow parking will not impact any adjacent use; and (c) Additional documents, covenants, deed restrictions, or other agreements as may be deemed necessary by the Zoning Administrator (SDC/ZA) are executed to assure that the required parking spaces provided are maintained and uses with similar hours and parking requirements as those uses sharing the parking facilities remain for the life of the project. (3) Parking Reductions for an Individual Use. If an applicant for a proposed use believes the number of parking spaces required for their use as specified in Subsection 12.85.030 is not applicable because their use functions differently than the generic use type and associated parking standards established in this Title, then the applicant may request a Parking Variance for Individual Use. The Approving Authority shall be the Zoning Administrator (SDC/ZA). The applicant shall have the burden of proof for requesting a reduction in the total number of required off-street parking spaces, and documentation shall be submitted substantiating the request. Such documentation may include, but is not limited to: a parking study of another facility of the same use which is similar in size and operation, calculating the required parking spaces with field data of peak parking usage. Reduced parking shall only be approved by the Approving Authority if: (a) Satisfactory evidence is provided describing the nature of the use, the operation and data from other facilities or similar facilities so as to demonstrate that the required parking standards are excessive and the proposed parking standards are appropriate; and (b)
Overflow parking will not impact any adjacent use.
(c) Additional documents, covenants, deed restrictions, or other agreements as may be deemed necessary by the Zoning Administrator (SDC/ZA) are executed to assure that the required parking spaces provided are maintained and uses with similar hours and parking requirements as those uses sharing the parking facilities remain for the life of the project. (#1403) 12.85.050 Standards for Off-Street Parking Facilities (1) Surfacing: (a) The parking area, aisles and access drive shall be surfaced with concrete or asphaltic surfacing of 2" minimum thickness on a 6" untreated rock base for all medical offices, clinics, hospitals, educational, recreational, commercial or industrial and other facilities (b) The parking area, aisles and access drive for all residential planned unit developments shall be surfaced with concrete or asphaltic surfacing of 2" minimum thickness on a 4" untreated rock base. (2) Stall Size: Each parking space shall not be less than 18 feet in length and nine (9) feet in width, exclusive of driveways, ramps, and columns, for medium and large automobiles and not less than sixteen (16) feet in length and eight (8) feet in width for subcompact and compact automobiles. (3) Compact Cars: For any development, a maximum of 40% of all parking provided may be compact car parking. Such spaces shall be signed or otherwise designated for small or compact cars. (4) Exceptions: 01/10
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(a) In AE, A/RR, RRE, RC, PR and RPZ zones, any parking lot or parking lot addition designed to serve 10 or less vehicles shall be exempt from the paving and landscaping requirements. (b) In the S/E zone, the Planning Commission may approve parking facility plans that allow for alternative standards for off-street parking facilities due to the intermittent nature of the events and variations in attendance. Proposals which include standards less than the required stall size and driving aisle shall include provisions for management of the facility by parking ushers. Proposals for alternative surfacing shall be based upon estimates for frequency of events and estimated average attendance per event and shall at the minimum provide for a low-traffic paving system for the estimated average number of vehicles. The remainder of the parking area shall, at the minimum, be seeded with a hardy, drought-resistant grass to provide a dust-controlling surface and shall be maintained to prevent ignition from parked vehicles. (#907 as amended by #1037, #1103, #1239, #1403) 12.85.060 Off-Street Loading Facilities. Off-street loading facilities for vehicles shall be provided in all commercial and industrial zones. The loading area, aisles and access drives shall be surfaced with asphaltic concrete of minimum thickness of two (2) inches or six (6) inches of untreated rock base. (#906, amended by #1403) 12.85.070 Bicycle Parking Requirement. Bicycle parking shall be provided in connection with the erection, major alteration, expansion or establishment of a new land use as follows: (1) Residential: All multi-family residential structures containing more than four units shall provide bicycle parking for a minimum of two bicycles with one space provided for every 10 automobile parking spaces required in the project for the first 200 automobile parking spaces required and one bicycle parking space for every 100 automobile parking spaces over the first 200 automobile parking spaces required. Outdoor bicycle parking requirements may be reduced by 50% for multi-family projects that provide at least one garage space per dwelling unit. (2) Medical Offices, Clinics, Hospitals, and Other Facilities: Bicycle parking shall be provided at a ratio of one for every 25 automobile parking spaces required for the first 200 automobile parking spaces required and one bicycle parking space for every 100 automobile parking spaces over the first 200 automobile parking spaces required, with a minimum of two required. (3) Educational Facilities: A minimum of two bicycle parking spaces required with one for every 10 automobile parking spaces required. (Note: Public schools are not typically addressed in the zoning ordinance as they are not subject to local ordinances, however private schools may be addressed and bicycle parking should be provided based on the school grades, proximity to student’s homes and location of school.) (4) Places of Public Assembly: Bicycle parking shall be provided at a ratio of one for every 25 automobile parking spaces required, with a minimum of two required. (5) Recreational Facilities: Bicycle parking shall be provided at a ratio of one for every 25 automobile parking spaces required, with a minimum of two required. (6) Commercial and Industrial Facilities: Bicycle parking shall be provided at a ratio of one for every 25 automobile parking spaces required for the first 200 automobile parking spaces required and one bicycle parking space for every 100 automobile parking spaces required over the first 200 automobile parking spaces required, with a minimum of two required. (7) Sports and Entertainment Facilities: Outdoor motor vehicle racing facilities, amphitheaters, or entertainment facilities, or equestrian and rodeo facilities having an occupancy capacity in 01/10
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excess of 10,000 persons shall submit a proposed bicycle parking plan in conjunction with the required automobile parking plan for approval by the Planning Commission. For the purposes of this section, any alteration or expansion in floor area that results in the requirement of additional vehicle parking shall provide bicycle parking as established above All required bicycle parking facilities shall be located in a highly visible area within close proximity of a primary entrance to a building or use and where feasible as close as or closer than the nearest non-handicapped car parking space. Where multiple bicycle parking apparatus are needed and the use has multiple entrances or buildings, the bicycle parking shall be dispersed throughout the project and conveniently located in reasonable proximity to a building entrance. Bicycle racks or lockers should not be placed so that they block entrances or inhibit pedestrian flow in or out buildings or accessible paths of travel. The racks or lockers should be anchored so that they cannot be easily removed. Rack elements should be designed to support the bicycle upright by its frame and enable the frame and at least one of the bicycle wheels to be secured. Large employment centers ( 50+ employees) and projects with multiple buildings should utilize a combination of short (bicycle racks) and long-term (bike lockers) bicycle parking facilities. Bicycle racks and lockers shall be designed and located to insure that they relate well to the remainder of the facilities and are architecturally consistent with the site and structures. Bicycle parking facilities shall be maintained for the duration of the use incurring said requirements and shall not be used for other purposes. The design and location of bicycle parking All required bicycle parking facilities shall be located in a highly visible area within close proximity of a primary entrance to a building or use and where feasible as close as or closer than the nearest non-handicapped car parking space. Where multiple bicycle parking apparatus are needed and the use has multiple entrances or buildings, the bicycle parking shall be dispersed throughout the project and conveniently located in reasonable proximity to a building entrance. Bicycle racks or lockers should not be placed so that they block entrances or inhibit pedestrian flow in or out buildings or accessible paths of travel. The racks or lockers should be anchored so that they cannot be easily removed. Rack elements should be designed to support the bicycle upright by its frame and enable the frame and at least one of the bicycle wheels to be secured. Large employment centers ( 50+ employees) and projects with multiple buildings should utilize a combination of short (bicycle racks) and long-term (bike lockers) bicycle parking facilities. Bicycle racks and lockers shall be designed and located to insure that they relate well to the remainder of the facilities and are architecturally consistent with the site and structures. Bicycle parking facilities shall be maintained for the duration of the use incurring said requirements and shall not be used for other purposes. Facilities shall be shown on the project site plan and approved by the Planning Department prior to issuance of a building permit. For any use not specified in this section, the same number of bicycle parking spaces shall be provided as are required for the most similar specified use as determined by the Planning Director. (#1403)
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CHAPTER 12.87 LANDSCAPING ORDINANCE Sections 12.87.010 Findings 12.87.015 Purpose 12.87.020 Definitions 12.87.025 General Provisions and Exemptions 12.87.030 Basic Landscaping Standards 12.87.035 Additional Landscaping Standards by Zoning District 12.87.040 Shading Requirements 12.87.045 Completion of Landscape Requirements 12.87.050 Landscaping Plan 12.87.055 Enforcement 12.87.065 Yuba County Approved Tree List 12.87.070 Yuba County Recommended Ground Cover and Shrub List ___________________________________ 12.87.010 Findings. Whenever large numbers of people are closely grouped together in an urban environment, numerous landscape decisions must be made to accommodate their specific needs. The location, quantity, and type of landscaping have a significant influence upon a community' s appearance, property values and welfare, and a resultant effect upon a viewer' s perception of the community. Failure to regulate landscaping adversely affects the public health, safety and general welfare. (#1037) 12.87.015 Purpose. (1) To create an aesthetically pleasing boundary between residential, commercial and industrial uses and roadways. (2) To provide information so that plant materials can be appropriately selected and properly used. (3) To promote and encourage development of an attractive, aesthetically pleasing environment. (4) To screen undesirable views and help define and organize public and private spaces. (5) To improve the air quality by replenishing oxygen and reducing smog. (6) To conserve energy by shading homes, commercial and industrial buildings, roads, and parking lots. (7) To improve property values by improving the appearance of the community. (8) To promote business and industry by improving image and public acceptance. (#1037) 12.87.020 Definitions. (1) GROUND COVER shall mean a planting of low plants that cover ground and shall include but not be limited to those species listed in Section 12.87.070 of this Chapter.
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(2) LIST OF TREES or APPROVED LIST OF TREES shall mean those trees listed in Section 12.87.065 of this Chapter. (3) PLANT MATERIALS shall mean trees, shrubs, hedges, ground cover, lawn or any other similar living material. (4) SCREEN TREES, SHADE TREES OR CANOPY TREES shall mean those trees listed in Section 12.87.065 of this Chapter. (5) SHRUB shall mean a densely branched wood plant and shall include but not be limited to those species listed in Section 12.87.070 of this Chapter. (#1037) 12.87.025 General Provisions and Exemptions: (1) The landscape requirements of this Section shall be applied so that: (a) All new development shall provide landscaping, shading and screening as specified in the applicable zone district; (b) All expansion of floor area or change of use in an existing development on property containing less than five (5) acres which requires additional parking shall provide landscaping, shading and screening for such additional parking area as specified in the applicable zone district; and (c) All expansion of floor area or change of use in an existing development on property containing five (5) acres or more shall provide landscaping, shading and screening as specified in the applicable zone district. (2) The landscape requirements of this Chapter shall be applied to R-1 (Single Family Residential), R-2 (Medium Density Residential), R-3 (High Density Residential), and M-3 (Light Industrial) districts; to any commercial or industrial use in the A/RR (Agricultural/Rural Residential), AE (Exclusive Agriculture) RC (Rural Commercial) or RPZ (Resource Preservation) districts; and to all subzones within any SP (Specific Plan) zone. (#1037 as amended by #1077 and 1103) 12.87.030 Basic Landscaping Standards: (1) Trees shall be provided in all applicable zoning districts as follows: (2) Trees shall be planted away from public sidewalks or individual driveways in accordance with the setback requirements specified in Section 12.87.065. (3) Existing healthy trees on the site shall be maintained whenever possible and may be used in lieu of planting new trees. (4) All plant materials shall be maintained by property owners and shall be free from physical damage or injury arising form lack of water, chemical damage, insects, and diseases. Plant materials showing such damage shall be replaced by the same species or similar tree from the list of trees. Planting areas shall be kept free from weeds, debris, and undesirable materials which may be detrimental to safety, drainage or appearance. (5) Trees, shrubs, hedges, and other plant material shall be maintained so as not to create sight hazard as determined by the Community Development and Services Agency’s Director of Public Works. 01/10
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(6) Where decorative walls are required or permitted adjacent to street right-of-way, such walls shall be set at least five (5) feet from the right-of-way line and the area adjacent to the wall shall be landscaped with live material as specified in the applicable district. (7) All trash collection points and loading areas shall be screened from view from adjacent streets or highway by decorative walls or dense landscaping. (8) All live planting materials shall be irrigated. (#1037) 12.87.035 Additional Landscaping Standards by Zoning District: The landscape requirements of this Section shall be applied as follows: (1) Single-family Residential Districts: (a) At least one (1) deciduous street tree from the approved list of trees shall be planted in an irrigated and landscaped area located in each front and side yard adjacent to the sidewalk for each forty (40) feet of street frontage prior to the issuance of the final Certificate of Occupancy. Said landscaping and street trees shall be planted in eight (8) foot wide parkway strips located in each front and street side yard when detached sidewalks are provided pursuant to Section 12.35.120(1). (b) Front yard landscaping consisting of trees, shrubs, hedges, ground cover, lawn or any other similar living material shall be planted in an irrigated area prior to the issuance of the final inspection by the Community Development and Services Agency’s Building Official. (2) Multi-family Residential Districts (less than 4 units): (a) At least one (1) deciduous street tree from the approved list of trees planted in an irrigated and landscaped area located in each front and street side yard adjacent to the sidewalks for each forty (40) feet of street frontage prior to the issuance of the final inspection by the Community Development and Services Agency’s Building Official. Said landscaping and street trees shall be planted in eight (8) foot wide parkway strips located in each front and street side yard when detached sidewalks are provided pursuant to Section 12.40.170(1). (b) Required landscaping shall include varied tree and plant species. Not more than twenty-five (25) percent of the landscaped area may be covered with hard surfaces such as gravel, landscaping rock, concrete or other impervious materials. (c) For any non-residential development, a planter at least five (5) feet wide, excluding curbing, shall be provided adjacent to properties with a residential use. Within this planter screen trees from the approved list shall be planted with thirty (30) foot spacing in combination with other plant materials to provide a dense visual screen. (3) Multi-family Residential (4 or more units), Commercial, Industrial and Business Professional Districts: Planters containing live landscaping shall be provided in accordance with the following regulations: (a) A perimeter planter at least five (5) feet wide, excluding curbing, shall be provided adjacent to street rights-of-way. In addition, any area within the street right-of-way between the edge of the sidewalk or road shoulder and outer edge of the right-of-way shall be developed as a planter or landscaped area in conjunction with the required five (5) foot area above, unless the requirement is waived by the Public Works Director or his designee. The planter shall be increased to provide an eight 01/10
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(8) foot deep, seven (7) foot wide area, excluding curbing for tree planting. Within this planter, trees from the approved list shall be planted with a maximum forty (40) foot spacing, at least five (5) feet but not further than ten (10) feet from the back of the sidewalk or road shoulder in accordance with the setback requirements specified in Section 12.87.065. Shrubs and ground cover shall also be installed within the planter. Nothing in the Section shall preclude the installation of additional landscaping and the planting of additional listed trees so long as it is consistent with the visibility regulations. (b) A planter at least five (5) feet wide, excluding curbing, shall be provided adjacent to properties with a residential use. Screen trees from the approved list shall be planted within this planter, with a thirty (30) foot spacing and in combination with other plants to provide a dense visual screen. (c) All landscaping shall be within planters bounded by a curb at least six (6) inches high, except adjacent to sidewalks, property lines or fences. No planter shall be smaller than twenty-five (25) square feet, excluding curbing. Each planter shall include an irrigation system. (d) All required landscaped areas shall be designed so that plant materials, at maturity, are protected from vehicle damage or encroachment for a minimum of three (3) feet from the back of the curb or wheel stop where vehicle overhang is permitted. (e) Not more than twenty-five percent of the planter or landscaped area may be covered with hard surfaces such as gravel, landscaping rock, concrete, or other impervious materials. Bus shelters are excluded from this limitation. (f) Landscaping shall not obstruct a driver’s vision of vehicle and pedestrian cross traffic. Within fifteen (15) feet of any driveway opening and at the end of aisles, all mature trees shall have a seven (7) foot foliage clearance between the ground and the lower limbs and other plant materials shall not exceed thirty (30) inches in height. (g) Varied tree and plant species shall be used throughout the parking lot. No one species shall comprise more than seventy-five (75) percent of the plantings within each of the following categories: Shade tree, screen tree, shrub. (4) Agricultural Exclusive, Agricultural/Rural Residential, Rural Commercial and Resource Preserve Districts (Commercial and Industrial Use): (a) For parking lots abutting public roads, a minimum five foot deep landscape planter shall be installed abutting the right-of-way, except where driveways are installed. Within the planter there shall be at least one (1) tree planted in an irrigated and landscaped area for each forty (40) feet of street frontage. (b) Required landscaping shall include varied tree and plant species. Not more than twenty-five (25) percent of the landscaped area may be covered with hard surfaces such as gravel, landscaping rock, concrete or other impervious materials. (c) A planter at least five (5) feet wide, excluding curbing, shall be provided adjacent to any neighboring residential use. Within this planter, screen trees shall be planted in combination with other plant materials to provide a dense visual screen.
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Shade tree, screen tree, shrub. (#1037 as amended by #1077, #1103, #1130, #1405) 12.87.040 Shading Requirements: (1) On properties zoned R-2, R-3, C, M-1 and M-3 and for any multi-family residential, commercial or industrial use on properties zoned AE, A,RR, RC SP, or RPZ, planters containing live landscaping shall be provided adjacent to and within parking areas in accordance with the following regulations: (a) In addition to yard landscaping, parking lots of five (5) spaces or more shall provide landscaped areas in the interior of the parking lot covering a percentage of the total parking area as follows: Parking Spaces % of Total Parking Required Area to be Landscaped 5 - 24 spaces 5.0% minimum 25 - 49 spaces 7.5% minimum 50+ spaces 10.0% minimum (b) Parking lot landscaping shall include shade trees, from the approved list, places so as to cover a percentage of the total parking area with tree canopies within fifteen (15) years of planting, as follows: Parking Spaces % of Total Parking Required Area to be Landscaped 5 - 24 spaces 30.0% minimum 25 + spaces 40.0% minimum (2) Tree coverage shall be determined by the approximate crown diameter of each tree at 15 years as estimated on the approved tree list or other authoritative source. Trees shall be a minimum fifteen (15) gallon size at planting. Total parking area, as used for landscaping and shading requirements, shall be measured between lines drawn five (5) feet outside of the paved areas used for parking and maneuvering area, but not including access ways. Shading requirements can partially be met by perimeter or yard trees insofar as such trees actually shade such total parking area. (#1037 as amended by #1077 and #1103) 12.87.045 Completion of Landscape Requirements. Provisions of landscaping to meet the requirements of this chapter shall be deemed to have been satisfied if any one of the following exists: (1) All of the required landscaping is installed in conformance with the requirements and standards; or (2) A surety in any amount equal to the estimated cost of landscaping including materials and installation, is on file with the County which guarantees that the required landscaping shall be installed within one hundred twenty (120) days of issuance of a certificate of occupancy and an agreement is filed with the County to assure completion of the landscaping within such time. The surety may take the form of a cash deposit, letter of credit or bond which together with the agreement, would provide for payment to the County of any costs incurred in contracting for completion of the required landscaping. (#1037) 12.87.050 Landscaping Plan Required. A landscaping plan (see Exhibit A) shall be submitted to the Planning Department for review and approval prior to the issuance of building permits. The plan shall be 01/10
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drawn to scale and include the landscaping information as follows: (1) GENERAL - Property lines, easements, adjacent streets, buildings, parking spaces, irrigation system and lighting shall be shown. (2) LIST OF PLANTING MATERIALS - The materials list shall include type, size, quantity and location of each tree, shrub, and ground cover. (3) STREET TREES - Trees that are to be planted along the street shall be shown using any convenient symbolism and notation. (4) PARKING LOT SHADING - Trees used for parking lot shading shall be shown using the trees'15-year crown diameter. (5) LANDSCAPED AREAS AND PLANTERS - Planting material should be drawn as close to mature size as possible. (#1037, #1405) 12.87.55 Enforcement. Enforcement of the provision of this ordinance shall be the responsibility of the Planning Director or his or her designated representative. (#1037, #1405)
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CHAPTER 12.88 WATER EFFICIENT LANDSCAPE Sections 12.88.000 12.88.010 12.88.015 12.88.020 12.88.030
Title Finding Definitions Provisions for New or Rehabilitated Landscapes Provisions for Existing Landscapes
________________________________________ 12.88.000 Title. This chapter shall be known and may be cited as the "Water Efficient Landscape Ordinance." (#1125) 12.88.010 Findings. The Board of Supervisors of the County of Yuba hereby finds and declares that: (a) The State Legislature has found: (1) that the limited supply of state waters are subject to ever increasing demands; (2) that California' s economic prosperity depends on adequate supplies of water; (3) that state policy promotes conservation and efficient use of water; (4) that landscapes provide recreation areas, clean the air and water, prevent erosion, offer fire protection, and replace ecosystems displaced by development; and (5) that landscape design, installation, and maintenance can and should be water efficient. (b) Consistent with the legislative findings, the purpose of this ordinance is to: (1) promote the values and benefits of landscapes while recognizing the need to invest water and other resources as efficiently as possible; (2) establish a structure for designing, installing, and maintaining water efficient landscapes in new projects; and (3) establish provisions for water management practices and water waste prevention for established landscapes. (#1125) 12.88.015 Definitions. The words used in this ordinance have the meaning set forth below: (a) "anti-drain valve" or "check valve" means a valve located under a sprinkler head to hold water in the system so it minimizes drainage from the lower elevation sprinkler heads. (b) "application rate" means the depth of water applied to a given area, usually measured in inches per hour. 01/10
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(c) "applied water" means the portion of water supplied by the irrigation system to the landscape. (d) "automatic controller" means a mechanical or solid state timer, capable of operating valve stations to set the days and length of time of a water application. (e) "backflow prevention device" means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system. (f) "conversion factor (0.62)" means a number that converts the maximum applied water allowance from acre-inches per acre per year to gallons per square foot per year. The conversion factor is calculated as follows: (325,851 gallons/43,560 square feet/12 inches = (0.62) 325,851 gallons = one acre foot 43,560 square feet = one acre 12 inches = one foot To convert gallons per year to 100-cubic-feet per year, another common billing unit for water, divide gallons per year by 748. (748 gallons = 100 cubic feet.) (g) "ecological restoration project" means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem. (h) "effective precipitation" or "usable rainfall" means the portion of total precipitation that is used by the plants. Precipitation is not a reliable source of water, but can contribute to some degree toward the water needs of the landscape. (i) "emitter" means drip irrigation fittings that deliver water slowly from the system to the soil. (j) "established landscape" means the point at which plants in the landscape have developed roots into the soil adjacent to the root ball. (k) "establishment period" means the first year after installing the plant in the landscape. (l) "Estimated Applied Water Use" means the portion of the Estimated Total Water Use that is derived from applied water. The Estimated Applied Water Use shall not exceed the Maximum Applied Water Allowance. The Estimated Applied Water Use may be the sum of the water recommended through the irrigation schedule, as referenced in Section 12.88.020(c)(3). (m) "Estimated Total Water Use" means the annual total amount of water estimated to be needed to keep the plants in the landscaped area healthy. It is based upon such factors as the local evapotranspiration rate, the size of the landscaped area, the types of plants, and the efficiency of the irrigation system, as described in Section 12.88.020(c)(4). (n) "ET adjustment factor" means a factor of 0.8, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape. A combined plant mix with a site-wide average of 0.5 is the basis of the plant factor portion of this calculation. The irrigation efficiency for purposes of the ET Adjustment Factor is 0.625. 01/10
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Therefore, the ET Adjustment Factor (0.8) = (0.5/0.625). (o) "evapotranspiration" means the quantity of water evaporated from adjacent soil surfaces and transpired by plants during a specific time. (p) "flow rate" means the rate at which water flows through pipes and valves (gallons per minute or cubic feet per second). (q) "hydrozone" means a portion of the landscaped area having plants with similar water needs that are served by a valve or set of valves with the same schedule. A hydrozone may be irrigated or nonirrigated. For example, a naturalized area planted with native vegetation that will not need supplemental irrigation once established is a non-irrigated hydrozone. (r) "infiltration rate" means the rate of water entry into the soil expressed as a depth of water per unit of time (inches per hour). (s) "irrigation efficiency" means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The minimum irrigation efficiency for purposes of this ordinance is 0.625. Greater irrigation efficiency can be expected from well designed and maintained systems. (t) "landscape irrigation audit" means a process to perform site inspections, evaluate irrigation systems, and develop efficient irrigation schedules. (u) "landscaped area" means the entire parcel less the building footprint, driveways, non-irrigated portions of parking lots, hardscapes - such as decks and patios, and other non-porous areas. Water features are included in the calculation of the landscaped area. Areas dedicated to edible plants, such as orchards or vegetable gardens are not included. (v) "lateral line" means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve. (w) "main line" means the pressurized pipeline that delivers water from the water source to the valve or outlet. (x) "Maximum Applied Water Allowance" means, for design purposes, the upper limit of annual applied water for the established landscaped area as specified in Section 12.88.020(c)(2). It is based upon the area' s reference evapotranspiration, the ET Adjustment Factor, and the size of the landscaped area. The Estimated Applied Water Use shall not exceed the Maximum applied Water Allowance. (y) "mined-land reclamation projects" means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975. (z) "mulch" means any material such as leaves, bark, straw or other materials left loose and applied to the soil surface for the beneficial purpose of reducing evaporation. (aa) "operating pressure" means the pressure at which a system of sprinklers is designed to operate, usually indicated at the base of a sprinkler. (bb) "overhead sprinkler irrigation systems" means those with high flow rates (pop-ups, impulse sprinklers, rotors, etc.) 01/10
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(cc) "overspray" means the water which is delivered beyond the landscaped area, wetting pavements, walks, structures, or other non-landscaped areas. (dd) "plant factor" means a factor that when multiplied by reference evapotranspiration, estimates the amount of water used by plants. For purposes of this ordinance, the average plant factor of low water using plants ranges from 0 to 0.3, for average water using plants the range is 0.4 to 0.6, and for high water using plants the range is 0.7 to 1.0. (ee) "rain sensing device" means a system which automatically shuts off the irrigation system when it rains. (ff) "record drawing" or "as-builts" means a set of reproducible drawings which show significant changes in the work made during construction and which are usually based on drawings marked up in the field and other data furnished by the contractor. (gg) "recreational area" means areas of active play or recreation such as sports fields, school yards, picnic grounds, or other areas with intense foot traffic. (hh) "recycled water," "reclaimed water," or "treated sewage effluent water" means treated or recycled waste water of a quality suitable for nonpotable uses such as landscape irrigation; not intended for human consumption. (ii) "reference evapotranspiration" or "ETo" means a standard measurement of environmental parameters which affect the water use of plants. Eto is given in inches per day, month, or year, and is an estimate of the evapotranspiration of a large field of four-to seven-inch tall, cool-season grass that is well watered. Reference evapotranspiration is used as the basis of determining the Maximum Applied Water Allowances so that regional differences in climate can be accommodated. (jj) "rehabilitated landscape" means any relandscaping project that requires a permit. (kk) "run off" means water which is not absorbed by the soil or landscape to which it is applied and flows from the area. For example, run off may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a severe slope. (ll) "soil moisture sensing device" means a device that measures the amount of water in the soil. (mm) "soil texture" means the classification of soil based on the percentage of sand, silt, and clay in the soil. (nn) "sprinkler head" means a device which sprays water through a nozzle. (oo) "static water pressure" means the pipeline or municipal water supply pressure when water is not flowing. (pp) "station" means an area served by one valve or by a set of valves that operate simultaneously. (qq) "turf" means a surface layer of earth containing mowed grass with its roots. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses. Bermudagrass, Kikuyugrass, Seashore paspalum, St. Augustinegrass, Zoysiagrass, and Buffalo grass are warm-season grasses. 01/10
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(rr) "valve" means a device used to control the flow of water in the irrigation system. (ss) "water conservation concept statement" means a one-page checklist and a narrative summary of the project. (#1125) 12.88.020 Provisions for New or Rehabilitated Landscapes (a) APPLICABILITY (1) Except as provided in Section 12.88.020(a)(3), this section shall apply to: (A) All new and rehabilitated landscaping for public agency projects and private development projects that require a permit; and (B) developer-installed landscaping in single-family and multi-family projects. (2) Projects subject to this section shall conform to the provisions in Section 12.88.020. (3) This section shall not apply to: (A) homeowner-provided landscaping at single-family and multi-family projects; (B) cemeteries; (C) registered historical sites; (D) ecological restoration projects that do not require a permanent irrigation system; (E) mined-land reclamation projects that do not require a permanent irrigation system; or (F) any project with a landscaped area less than 2,500 square feet. (b) LANDSCAPE DOCUMENTATION PACKAGE (1) A copy of the landscape documentation package conforming to this chapter shall be submitted to the county. No permit shall be issued until the county reviews and approves the landscape documentation package. (2) A copy of the approved landscape documentation package shall be provided to the property owner or site manager along with the record drawings and any other information normally forwarded to the property owner or site manager. (3) A copy of the Water Conservation Concept Statement and the Certificate of Substantial Completion shall be sent by the project manager to the local retail water purveyor. (4) Each landscape documentation package shall include the following elements, which are described in Section 12.88.020(c): (A) Water Conservation Concept Statement (B) Calculation of the Maximum Applied Water Allowance 01/10
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(C) Calculation of the Estimated Applied Water Use (D) Calculation of the Estimated Total Water Use (E) Landscape Design Plan (F) Irrigation Design Plan (G) Irrigation Schedules (H) Maintenance Schedule (I) Landscape Irrigation Audit Schedule (J) Grading Design Plan (K) Soil Analysis (L) Certificate of Substantial Completion. (To be submitted after installation of the project.) (5) If effective precipitation is included in the calculation of the Estimated Total Water Use, then an Effective Precipitation Disclosure Statement from the landscape professional and the property owner shall be submitted with the landscape Documentation Package. (c) ELEMENTS OF LANDSCAPE DOCUMENTATION PACKAGE (1) Water Conservation Concept Statement Each landscape documentation package shall include a cover sheet, referred to as the Water Conservation Concept Statement. It serves as a check list to verify that the elements of the landscape documentation package have been completed and has a narrative summary of the project. (2) The Maximum Applied Water Allowance formula:
(A) A project' s Maximum Applied Water Allowance shall be calculated using the following MAWA= (Eto) (0.8) (LA) (0.62) where: MAWA= Maximum Applied Water Allowance (gallons per year) Eto = Reference Evapotranspiration (inches per year) 0.8 = ET Adjustment Factor LA = Landscaped Area (square feet) 0.62 = conversion factor (to gallons per square foot) (B) The Eto for Yuba County is 47.4.
(C) Portions of landscaped areas in public and private projects such as parks, playgrounds, sports fields, golf courses, or school yards where turf provides a playing surface or serves other recreational purposes are considered recreational areas and may require water in addition to the 01/10
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Maximum Applied Water Allowance. A statement shall be included with the landscape design plan, designating recreational areas to be used for such purposes and specifying any needed amount of additional water above the Maximum Applied Water Allowance. (3) Estimated Applied Water Use (A) The Estimated Applied Water Use shall not exceed the Maximum Applied Water Allowance. (B) A calculation of the Estimated Applied Water Use shall be submitted with the Landscape Documentation Package. It may be calculated by summing the amount of water recommended in the irrigation schedule. (4) Estimated Total Water Use (A) A calculation of the Estimated Total Water Use shall be submitted with the Landscape Documentation package. The Estimated Total Water Use may be calculated by summing the amount of water recommended in the irrigation schedule and adding any amount of water expected from effective precipitation (not to exceed 25 percent of the local annual mean precipitation) or may be calculated from a formula such as the following: The Estimated Total Water Use for the entire landscaped area equals the sum of the Estimated Water Use of all hydrozones in that landscaped area. EWU (hydrozone) = (Eto) (PF) (HA) (.62)(IE) EWU (hydrozone) = Estimated Water Use (gallons per year) Eto = conversion factor IE = irrigation efficiency (B) If the Estimated Total Water Use is greater than the Estimated Applied Water Use due to precipitation being included as a source of water, an Effective Precipitation Disclosure Statement shall be included in the Landscape Documentation Package. (5) Landscape Design Plan A landscape design plan meeting the following requirements shall be submitted as part of the landscape documentation package. (A) Plant Selection and Grouping (i) Any plants may be used in the landscape, providing the Estimated Applied Water Use recommended does not exceed the Maximum Applied Water Allowance and that the plants meet the specifications set forth in (ii), (iii) and (iv). (ii) Plants having similar water use shall be grouped together in distinct hydrozones. (iii) Plants shall be selected appropriately based upon their adaptability to the climatic, geologic, and topographical conditions of the site. Protection and preservation of native species and natural areas is encouraged. The planting of trees is encouraged wherever it is consistent with the other provisions of this ordinance. (iv) 01/10
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Information about fire prone areas and appropriate landscaping for fire safety is available from local fire departments or the California Department of Forestry. (B) Water Features (i) Recirculating water shall be used for decorative water features. (ii) Pool and spa covers are encouraged. (C) Landscape Design Plan Specifications The landscape design plan shall be drawn on project base sheets at a scale that accurately and clearly identifies: (i) Designation of hydrozones. (ii) Landscape materials, trees, shrubs, groundcover, turf, and other vegetation. Planting symbols shall be clearly drawn and plants labeled by botanical name, common name, container size, spacing, and quantities of each group of plants indicated. (iii) Property lines and street names. (iv) Streets, driveways, walkways, and other paved areas. (v) Pools, ponds, water features, fences, and retaining walls. (vi) Existing and proposed buildings and structures including elevation if applicable. (vii) Natural features including but not limited to rock outcroppings, existing trees, shrubs that will remain. (viii) Tree staking, plant installation, soil preparation details, and any other applicable planting and installation details. (ix) A calculation of the total landscaped area. (x) Designation of recreational areas. (6) Irrigation Design Plan An irrigation design plan meeting the following conditions shall be submitted as part of the landscape Documentation Package. (A) Irrigation Design Criteria (i) Runoff and Overspray. Soil types and infiltration rate shall be considered when designing irrigation systems. All irrigation systems shall be designed to avoid runoff, low head drainage, overspray, or other similar conditions where water flows onto adjacent property, non-irrigated areas, walks, roadways, or structures. Proper irrigation equipment and schedules, including features such as repeat cycles, shall be used to closely match application rates to infiltration rates therefore minimizing runoff. 01/10
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Special attention shall be given to avoid runoff on slopes and to avoid overspray in planting areas with a width less than ten feet, and in median strips. wide.
No overhead sprinkler irrigation systems shall be installed in median strips less than ten feet
(ii) Irrigation Efficiency. For the purpose of determining the maximum applied water allowance, irrigation efficiency is assumed to be 0.625. Irrigation systems shall be designed, maintained, and managed to meet or exceed 0.625 efficiency. (iii) Equipment. Water meters. Separate landscape water meters shall be installed for all projects except for single family homes or any project with a landscaped area of less than 5,000 square feet. Controllers. Automatic control systems shall be required for all irrigation systems and must be able to accommodate all aspects of the design. Valves. Plants which require different amounts of water shall be irrigated by separate valves. If one valve is used for a given area, only plants with similar water use shall be used in that area. Anti-drain (check) valves shall be installed in strategic points to minimize or prevent low-head drainage. Sprinkler heads. Heads and emitters shall have consistent application rates within each control valve circuit. Sprinkler heads shall be selected for proper area coverage, application rate, operating pressure, adjustment capability, and ease of maintenance. Rain Sensing Override Devices. required on all irrigation systems.
Rain sensing override devices shall be
Soil Moisture Sensing Devices. It is recommended that soil moisture sensing devices be considered where appropriate. (B) Recycled Water (i) The installation of recycled water irrigation systems (dual distribution systems) shall be required to allow for the current and future use of recycled water, unless a written exemption has been granted as described in the following section (B) (ii). (ii) Irrigation systems shall make use of recycled water unless a written exemption has been granted by the local water agency, stating that recycled water meeting all health standards is not available and will not be available in the foreseeable future. (iii) The recycled water irrigation systems shall be designed and operated in accordance with all local and state codes. (C) Irrigation Design Plan Specifications Irrigation systems shall be designed to be consistent with hydrozones. 01/10
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The irrigation design plan shall be drawn on project base sheets. It shall be separate from, but use the same format as, the landscape design plan. The scale shall be the same as that used for the landscape design plan described in Section 12.88.020 (c) (5) (C). The irrigation design plan shall accurately and clearly identify: (i) Location and size of separate water meters for the landscape. (ii) Location, type, and size of all components of the irrigation systems, including automatic controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, and backflow prevention devices. (iii) Static water pressure at the point of connection to the public water supply. (iv) Flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (psi) for each station. (4) (B).
(v) Recycled water irrigation systems as specified in the Section 12.88.020 (c)
(7) Irrigation Schedules Irrigation schedules satisfying the following conditions shall be submitted as part of the Landscape Documentation Package. (A) An annual irrigation program with monthly irrigation schedules shall be required for the plant establishment period, for the established landscape, and for any temporarily irrigated areas. (B) The irrigation schedule shall: (i) include run time (in minutes per cycle), suggested number of cycles per day, and frequency of irrigation for each station; and (ii) provide the amount of applied water (in hundred cubic feet, gallons, or in whatever billing units the local water supplier uses) recommended on a monthly and annual basis. (C) The total amount of water for the project shall include water designated in the Estimated Total Water Use calculation plus water needed for any water features, which shall be considered as a high water using hydrozone.
(D) Recreational areas designated in the landscape design plan shall be highlighted and the irrigation schedule shall indicate if any additional water is needed above the Maximum Applied Water Allowance because of high plant factors (but not due to irrigation inefficiency.) (E) Whenever possible, irrigation scheduling shall incorporate the use of evapotranspiration data such as those from the California Irrigation Management Information System (CIMIS) weather stations to apply the appropriate levels of water for different climates. 01/10
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(F) Whenever possible, landscape irrigation shall be scheduled between 2:00 a.m. and 10:00 a.m. to avoid irrigating during times of high wind or high temperature. (8) Maintenance Schedules A regular maintenance schedule satisfying the following conditions shall be submitted as part of the Landscape Documentation Package: (A) Landscapes shall be maintained to ensure water efficiency. A regular maintenance schedule shall include but not be limited to checking, adjusting, and repairing irrigation equipment; resetting the automatic controller; aerating and dethatching turf areas; replenishing mulch; fertilizing; pruning, and weeding in all landscaped areas. (B) Whenever possible, repair or irrigation equipment shall be done with the originally specified materials or their equivalents. (9) Landscape Irrigation Audit Schedules A schedule of landscape irrigation audits, for all but single family residences, satisfying the following conditions shall be submitted to the county as part of the landscape documentation package. (A) At a minimum, audits shall be in accordance with the State of California Landscape Water Management Program as described in the Landscape Irrigation Auditor Handbook, the entire document, which is hereby incorporated by reference. (See Landscape Irrigation Auditor Handbook (June 1990) version 5.5 [formerly Master Auditor Training].) (B) The schedule shall provide for landscape irrigation audits to be conducted by certified landscape irrigation auditors at least once every five years. (10) Grading Design Plan Grading design plans satisfying the following conditions shall be submitted as part of the Landscape Documentation Package. (A) A grading design plan shall be drawn on project base sheets. It shall be separate from but use the same format as the landscape design plan. (B) The grading design plan shall indicate finished configurations and elevations of the landscaped area, including the height or graded slopes, drainage patterns, pad elevations, and finish grade.
(11) Soils (A) A soil analysis satisfying the following conditions shall be submitted as part of the Landscape Documentation Package. (i) Determination of soil texture, indicating the percentage of organic matter. (ii) An approximate soil infiltration rate (either measured or derived from soil texture/infiltration rate tables.) A range of infiltration rates shall be noted where 01/10
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appropriate. (iii) Measure of Ph, and total soluble salts. (B) A mulch of at least three inches shall be applied to all planting areas except turf. (12) Certification (A) Upon completing the installation of the landscaping and the irrigation system, an irrigation audit shall be conducted by a certified landscape irrigation auditor prior to the final field observation. (See Landscape Irrigation Auditor Handbook as referenced in Section 12.88.020 (c)(9)(A)). (B) A licensed landscape architect or contractor, certified irrigation designer, or other licensed or certified professional in a related field shall conduct a final field observation and shall provide a certificate of substantial completion to the county. The certificate shall specifically indicate that plants were installed as specified, that the irrigation system was installed as designed, and that an irrigation audit has been performed, along with a list of any observed deficiencies. (C) Certification shall be accomplished by completing a Certificate of Substantial Completion and delivering it to the county, to the retail water supplier, and to the Owner of Record. (D) Public Education (1) Publications. (A) Local agencies shall provide information to owners of all new, single family residential homes regarding the design, installation, and maintenance of water efficient landscapes. (B) Information about the efficient use of landscape water shall be provided to water users throughout the community. (2) Model Homes. At least one model home that is landscaped in each project consisting of eight or more homes shall demonstrate via signs and information the principles of water efficient landscapes described in this ordinance. (A) Signs shall be used to identify the model as an example of a water efficient landscape and featuring elements such as hydrozones, irrigation equipment and others which contribute to the overall water efficient theme. (B) Information shall be provided about designing, installing, and maintaining water efficient landscapes. (#1125) 12.88.030 Provisions for Existing Landscapes. (a) WATER MANAGEMENT All existing landscaped areas to which the county provides water that are one acre or more, including golf courses, green belts, common areas, multi-family housing, schools, businesses, parks, cemeteries, 01/10
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and publicly owned landscapes shall have a landscape irrigation audit at least every five years. At a minimum, the audit shall be in accordance with the California Landscape Water Management Program as described in the Landscape Irrigation Auditor Handbook, the entire document which is hereby incorporated by reference. (See Landscape Irrigation Auditor Handbook, Dept. of Water Resources, Water Conservation Office (June 1990) version 5.5.) (1) If the project' s water bills indicate that they are using less than or equal to the Maximum Applied Water Allowance for that project site, an audit shall not be required. (2) Recognition of projects that stay within the Maximum Applied Water Allowance is encouraged. (b) WATER WASTE PREVENTION The county shall prevent water waste resulting from inefficient landscape irrigation by prohibiting runoff, low head drainage, overspray, or other similar conditions where water flows onto adjacent property, non-irrigated areas, walks, roadways, or structures. Penalties for violation of these prohibitions shall be established locally. (#1125) 12.88.040 Effective Precipitation If effective precipitation is included in the calculation of the Estimated Total Water Use, an Effective Precipitation Disclosure Statement (similar to the following Sample Effective Precipitation Disclosure Statement) shall be completed, signed, and submitted with the Landscape Documentation Package. No more than 25 percent of the local annual mean precipitation shall be considered effective precipitation in the calculation of the Estimated Total Water Use. (#1125)
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CHAPTER 12.90 SIGN REGULATIONS Sections 12.90.005 Findings 12.90.010 Declaration of Purpose 12.90.015 Diagrams 12.90.020 Definitions 12.90.022 General Provisions 12.90.025 Individual Uses 12.90.030 Building Complex Signs 12.90.035 Motor Vehicle Fuel and Service Station Signs 12.90.040 Subdivision Signs 12.90.045 Prohibited Uses 12.90.050 Building Permit Required 12.90.055 Exemptions 12.90.060 Building Code Compliance 12.90.065 Nonconforming Existing Signs 12.90.070 Removal of Illegal Nonconforming Signs 12.90.075 Sign Maintenance 12.90.080 Enforcement 12.90.085 Compliance with State and Federal Regulations 12.90.087 Planned Sign Permit Program 12.90.090 Variance 12.90.095 Appeal to the Planning Commission 12.90.100 Decision 12.90.105 Appeal to the Board of Supervisors 12.90.110 Decision _________________________________________________ 12.90.005 Findings. Signs are an essential element of any community. Their location, number, size, design, and relationship to each other and to other structures have a significant influence upon a community’s appearance, property values and welfare, and a resultant effect upon a viewer’s perception of the community. Signs serve a useful purpose in communicating a message, whether commercial or otherwise. Where signs are not properly regulated, they contribute to visual clutter and confusion, and create an unpleasant impression. They may cause traffic hazards and impede rather than enhance commerce. In such situations, signs may fail to achieve their original objective of communication. Failure to appropriately regulate signs adversely affects the public health, safety, and welfare. (#1027, #1438) 12.90.010 Declaration of Purpose. The purpose of this Chapter is to allow for a reasonable display of signs necessary to provide identification and to assist in the production of a competitive atmosphere for industry and commerce and to permit and regulate signs in such a manner as to support and complement the land use objectives set forth in the Yuba County General Plan and this Chapter by: (1)Encouraging signs that are well designed and pleasing in appearance by providing incentive and latitude for variety. 01/10
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(2)Encouraging a desirable character with a minimum of clutter. (3)Enhancing the economic values of each environ through the regulations of size, location, and illuminations. (4)Attracting and directing people to various activities and enterprises and providing for the maximum public convenience. (5)Reducing or eliminating traffic and safety hazards through proper location and design. (6)Promoting ease of Sign Ordinance Administration. (#1027) (7) Providing for fair and equal treatment of sign users. (8)Providing for eventual elimination of preexisting nonconforming signs on a fair and equitable basis. 12.90.015 Diagrams. The inclusion of diagrams is for illustrative purposes only. Where a diagram conflicts with text, the text shall control. (#1438) 12.90.020 Definitions. All terms used in this ordinance shall have the following definitions unless a contrary meaning is clearly shown: (1)ABANDONED SIGN shall mean any sign that is located on property which becomes vacant and is unoccupied for a period of three months or more, or any sign which pertains to a time, event, or purpose which no longer applies. (2)
AREA shall mean (a)
"Area of freestanding sign" means the area of the sign. It does not include embellishments such as the monument base, pole covers, framing or decorative roofing provided that there is no advertising copy on or attached to such embellishments. If the freestanding sign is double faced, only one face is used to calculate sign area. If the freestanding sign has more than two (2) faces, each face is used to calculate the sign area. X
Y
THE GARDEN STORE
THE GARDEN STORE
THE GARDEN STORE
FRAMING MONUMENT BASE
POLE
POLE
SIGN AREA WITHIN DASHED LINES (b)
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"Area of wall sign" means the total area of the sign, including all structures framing the sign, such as, background embellishments or the area contained within a rectangle or square drawn completely around the display surface, or drawn completely around the individual letters or logos. Page 169 of 230
TWO LINES OF TEXT
ONE LINE OF TEXT
X
X
Y
Hadley' s
Y
Y
X
CURVING TEXT
TEXT AND LOGO X
X
Y Y
Y X
TEXT WITH VARIED SHAPES
PRIMARY SIGN W/SUBTEXT
X
X Y
Y Y X
X
X Y
Y
Y X
(3)BILLBOARD SIGN shall mean a non-point-of-sale sign which advertises a business, organization, event, person, place, or thing other than the occupant of the premises on which the sign is located. (4)BUILDING COMPLEX shall mean a development of three or more buildings, tenants, or uses, intended to function in a joint manner, regardless of sequence of buildout. Characteristics of a building complex may include, but are not limited to shared parking facilities, reciprocal access, and common building design. A building complex may include multiple tenants or owners, freestanding pad buildings, and may be situated on one or more lots of parcels. Development of a specific plan large lot parcel does not necessarily result in a building complex as herein defined. (5) BUILDING FAÇADE shall mean the exterior elevation of a building or individual use (whichever is applicable) which has the primary entrance.
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TENANT
TENANT
TENANT
TYPICAL BUILDING FACADE (6) BUILDING SIGN shall mean a wall sign. (7) CLEAR VISUAL TRIANGLE shall mean the area created by drawing an imaginary line between points twenty-five (25) feet back from where the curb lines of the intersection quadrant meet, or as determined by the Community Development and Services Agency. CLEAR VISION TRIANGLE (NO SIGN WITHIN THIS AREA)
30' 25 BACK OF CURB
SIDEWALK
ET RE ST
25 30'
NO SIGN WITHIN TRIANGLE
(8)CONSTRUCTION SIGN shall mean any on-site temporary sign giving the name or names of principal contractors, engineers, developers, architects, and lending institutions responsible for construction on the site where the sign is placed, together with other information included thereon. (9)DEVELOPMENT PROJECT SIGN shall mean an on-site temporary sign identifying the location of an unconstructed development project (10)DIRECTIONAL SIGN shall mean an on-site sign designed to guide vehicular or pedestrian traffic that does not promote or advertise a business, property or product. (11) DIRECTORY SIGN shall mean a sign on which the names and locations of occupants or the use of a building is given to pedestrian traffic. This shall include office buildings and church directories. The sign shall not be used to advertise products or properties. (12) FASCIA shall mean the vertical area above the building wall and below the roof slope or roof line.
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FASCIA
FASCIA
TENANT
BUILDING CROSS SECTION
TENANT
TYPICAL BUILDING FASCIA (13) FREESTANDING PAD BUILDING shall mean a building within a building complex not attached to the major tenant. (14)FREESTANDING SIGN shall mean any sign not affixed to a building including, but not limited to, a "ground mounted sign", "detached sign", or "monument sign". (15)FREEWAY shall mean Highway 65, 70, or 20. (16)GARAGE or YARD SALE SIGN shall mean a temporary, on-site sign advertising a garage or yard sale (17)GOVERNMENTAL SIGN shall mean either a sign installed by a governmental entity or by a private individual or business as required by Federal, State or local laws. (18)GRADE shall mean the elevation of the finished surface of the ground or paving. HEIGHT of FREESTANDING SIGN shall mean the actual distance from the grade at the edge of the right-of-way (excluding Freeway Signs) along which a sign is placed or oriented to the highest point of the sign, or any structural or architectural component of the sign. When the grade at the edge of the right-of-way is higher than the site on which the sign is placed, that portion of the sign below the grade at the edge of the right-of-way shall not be included in determining the sign' s overall height. Signs oriented towards a freeway shall be measured from the project site grade or pad whichever is lower. (19)
THE GARDEN STORE
HEIGHT OF SIGN GRADE AT EDGE OF RIGHT OF WAY STREET GRADE
SIDEWALK
CURB & GUTTER
THE GARDEN STORE
SLOPE
HEIGHT OF SIGN
THIS PORTION OF THE SIGN IS NOT INCLUDED IN THE OVERALL SIGN HEIGHT
GRADE AT EDGE OF RIGHT OF WAY STREET GRADE
PROJECT SITE GRADE
SIGN BASE BELOW R.O.W. GRADE
SIDEWALK
BERM
PROJECT SITE GRADE
CURB & GUTTER
SIGN BASE ABOVE R.O.W. GRADE
(20) ILLUMINATED SIGN shall mean any sign illuminated in any manner by an artificial light source. 01/10
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(21)INDIVIDUAL USES shall mean a nonresidential use of property located in nonresidential zones, but not located in a building complex. (22)INFORMATIONAL SIGN shall mean a sign erected for the safety or convenience of the public including but not limited to "restrooms", "telephone", "danger", "No Smoking", "Manager' s Office", and other signs of similar nature that do not promote or advertise a business, property or product. (23) JOINT IDENTIFICATION SIGN shall mean any sign which identifies two or more separate businesses, products or services produced or sold upon the property upon which the sign is placed. (24)MAJOR TENANT shall mean a single tenant who occupies at least 40,000 square feet or 50% of floor area of a building complex. (25) MARQUEE SIGN shall mean any sign attached to and made part of a marquee. A marquee is defined as a permanent roof-like structure projecting beyond a building wall at an entrance to a building or extending along and projecting beyond the building’s wall and generally designed and constructed to provide protection against the weather. (26) MENU/ORDER BOARD SIGN shall mean a sign installed in a drive through facility and intended for drive through customers that advertises the products available at the facility. (27 ) MONUMENT SIGN shall mean a freestanding sign with a solid or decorative base that advertise the businesses located on the site.
(28) MULTIFAMILY RESIDENTIAL PROJECTS shall mean two (2) or more residential units on a single parcel not located in a single family zoning district or two (2) or more residential units on more than a single parcel not located in a single family zoning district developed as one project (e.g., condo). (29) NONCONFORMING SIGN shall mean any sign which does not conform to the regulations of this Chapter. (30) ON-PREMISE SIGN shall mean any sign advertising a business, product or service produced or sold upon the property upon which the sign is placed. (31) OFF-PREMISE SIGN shall mean a sign which advertises any business, product, event or service not conducted, sold, manufactured or located on the premises where the sign is located. (32) PERSON shall mean and include any person, firm, partnership, association, corporation, company or 01/10
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organization, singular or plural, of any kind. (33) PARCEL shall mean a legal parcel of land or lot in compliance with the Subdivision Map Act (34)POLE SIGN shall mean any sign which is supported by structures or supports in or upon the ground and independent of any support from any building. (35) POLITICAL SIGN shall mean a sign pertaining to an election to any public office, any ballot measure, or containing any social, ideological, or religious information of a non-commercial nature. (36) PRIMARY ENTRANCE shall mean a main public entrance to the property or building. (37) PROJECTING SIGN shall mean any sign other than a wall sign affixed to any building or wall whose leading edge extends beyond such building or wall. (38) PUBLIC SIGN shall mean any sign of a public or noncommercial nature, which shall include community service information signs, public transit service signs, public utility information signs, safety signs, danger signs, trespassing signs, signs indicating scenic or historical points of interest, and all signs erected by a public officer in the performance of a public duty. (39) REAL ESTATE SIGN shall mean any sign which is used to offer for sale, lease, or rent the property upon which the sign is placed. (40) ROOF LINE shall mean the line formed by the junction of the roof and the outside wall of any building. ROOF LINE ROOF LINE
ROOF LINE
TENANT
TENANT
TENANT
TYPICAL ROOF LINE (41) ROOF SIGN shall mean any sign erected or constructed wholly upon or over the roof of any building and supported solely on the roof structure. (42) SANDWICH SIGN (A-FRAME) shall mean any temporary, portable, double-faced, tent-like business sign unattached to the ground or building placed in front of or adjacent to a business. (43) SHOPPING/COMMERCIAL OFFICE CENTER OR INDUSTRIAL/CENTER IDENTIFICATION SIGN shall mean a joint identification sign representing three (3) or more separate use tenants on a single site sharing common driveways and parking facilities identified with a common logo or identification. The sign does not include individual businesses (see monument sign). (44) SIGNS shall mean any surface, fabric, device, or display which bears lettered, pictorial, or sculptured matter including forms shaped to resemble any human, animal, or product, designed to convey 01/10
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information visually and which is exposed to public view. For the purposes of this Code, the term “sign” shall include all structural members. A sign shall be construed to be a display surface or device containing organized and related elements composed to form a single unit. In cases where matter is displayed in a random or unconnected manner without organized relationship of the components, each such component shall be considered to be a single sign. (45) SINGLE IDENTIFICATION SIGN shall mean any sign which identifies one business, product or service produced or sold upon the property which the sign is placed. (46) SNIPE SIGN shall mean any sign of any material whatsoever that is attached in any way to a utility pole, tree, or any object located or situated on public or private property. (47) SPANDREL shall mean the area located between the top window or architectural feature of a floor or story and the window or architectural feature on the next higher floor in buildings for more than one story. 1500
TENANT
SPANDREL
TENANT
SPANDREL
SPANDREL (area between floors) (48) SPECIFIC PLAN/ AREA PLAN SIGN GUIDELINES shall mean criteria adopted by the county for a Specific Plan, Area Plan, or Master Plan Area. (49) TEMPORARY SIGN shall mean any sign which is displayed for a limited time duration. Permitted temporary signs and the allowed duration are specified as follows: (a)Construction – 3 months or until project is completed. (b)Political – 3 months within election. Signs must be removed no later than ten (10) days after the end of an election. (c)Real Estate – Signs for individual sales are to be located outside of the public and removed prior to or at the close of escrow on the listed property.
right-of-way
(d)Subdivision – see section 12.90.040 (e)Promotional Banner Signs –a promotional banner sign may be erected and maintained on-site for a business. These signs shall not replace the primary permanent identification sign(s) for the business, and the business must have a permanent sign permit on file with the County of Yuba. (1) Number and Duration. No more than one (1) such temporary sign may be erected per business at any one time. This sign may be posted on a continuous basis, but shall be required to be kept in a good state of repair and preservation. 01/10
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These signs shall be made of durable material, and shall be subject to the same maintenance provisions as permanent signs. (2) Design. The sign shall not be illuminated and shall not contain moving parts. (3) Maximum Total Square Footage. The following standards will be utilized in determining the maximum sign square footage allowed per business: (a) Building or tenant spaces having less than fifty (50) linear feet of building frontage are allowed sixty (60) square feet. (b) Buildings or tenant spaces within a building complex having more than fifty (50) linear feet of building frontage but less than one-hundred (100) feet of building frontage are allowed eighty (80) square feet. (c) Buildings or tenant spaces within a building complex having more than one-hundred (100) feet of building frontage are allowed one-hundred twenty (120) square feet. For the purpose of this provision of the sign ordinance, building frontage shall be defined as the building façade that directly abuts a public street, private street, parking lot driveway or parking spaces in which main customer access is provided to the business. (4) Location. A promotional banner sign shall not be freestanding and shall be affixed to the face of a building, perimeter wall/fence or permanent freestanding sign. If attached to a freestanding sign it shall be fully adhered to the face of the existing sign and be restricted to only one (1) sign per center/use. Banner signs shall be restricted to the building areas that front onto a street or parking lot directly adjacent to the business for which the sign is posted. Sign locations shall also conform to the location standards established for permanent signs and are allowed to be posted in the areas permitted for permanent signage under the sign ordinance or an approved planned sign permit program. When affixed to a building these signs shall not extend above the roofline or parapet of the structure. (5) Purpose. The purpose of this section is to implement orderly banner sign standards in order to promote, among other things, traffic safety and aesthetic values. (50) VARIANCE shall mean an approval to deviate from the criteria of this Title. (51) WALL SIGN shall mean any sign painted on or attached to and erected parallel to the face of, or erected and confined within the limits of, the outside wall of any building and supported by such wall or building and which displays only one advertising surface.
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ATTACHED WALL SIGN
ATTACHED WALL SIGN
TENANT
WALL SIGN PRINTED ON CANOPY
TYPICAL WALL SIGN (52) WINDOW SIGN shall mean any sign placed inside or upon a window facing the outside and which is intended to be seen from the exterior. (#1027, #1438) 12.90.022 General Provisions. (1) All new signs shall be installed in conformance with the provisions of this Chapter. (2) All existing nonconforming signs located on a parcel or building shall either be removed or modified to conform with provisions of this Chapter when a change of use or occupancy, or expansion of a use is approved, except as provided by Section 12.90.22(3) and 12.90.22(4). (3) The continued use of legally established pole signs in a Commercial Zone shall be permitted, provided no modification or alteration is made other than change of copy. (4) Off-Premise Subdivisions signs that do not conform to the requirements of this chapter shall be modified to conform to the provisions of this chapter or shall be removed within thirty (30) days of the subdivision being sold or twelve (12) months from the adoption of this ordinance whichever occurs first. (As amended by #1097, #1197, #1438) 12.90.025 Individual Uses. 12.90.025.A (#1438)
General Provisions. Individual uses are permitted signs as set forth in this Section.
12.90.025.B Freestanding Signs. Except as otherwise provided, the following provisions shall apply to all freestanding signs for individual uses:
01/10
(1)
Number. Every individual use may erect and maintain one (1) freestanding sign plus one (1) additional sign if the project has more than one (1) street frontage or is adjacent to a freeway, or has over one thousand (1000) lineal feet of street frontage and more than one (1) driveway entrance. The total number of signs shall not exceed two (2).
(2)
Location. (a) No freestanding sign over three (3) feet high shall be erected or maintained within the clear vision triangle; (b) Freestanding signs shall not be erected or maintained any closer than three (3) feet to any building; and (b) Freestanding signs shall maintain a setback, measured from that part of the sign Page 177 of 230
that is closest to the nearest property line of the parcel or lot on which it is placed, equal to at least one-half (1/2) the height of the sign. (3)
Height. The maximum height for freestanding signs shall be twenty (20) feet.
(4)
Area. Except as otherwise provided, the area of a freestanding sign shall be one (1) square foot for each lineal foot of street frontage with a maximum area of one hundred fifty (150) square feet. If a use fronts on more than one (1) street either, but not both, frontages may be used to determine sign area. Provided, however, that the freestanding sign must be placed along and oriented to the frontage which is used to determine permissible area. (#1438)
12.90.025.C Wall Signs. Except as otherwise provided, the following provisions shall apply to all wall signs for individual uses: (1). Number. Every individual use may erect and maintain up to two (2) wall signs provided a sign is located on a different side of the building and faces a public entrance, street, or parking lot. (2)
Location. (a) Wall signs may be: (1) Attached flat against or pinned away from a building wall, but shall not extend or protrude more than one (1' ) foot from the wall; (2) Attached to the facade of a building or on a sloping roof (mansard roof), but shall not extend above the upper edge of the facade or the sloping roof; and (3) Painted on or attached to a canopy or awning. (b) Signs shall be compatible with the architecture of the building and should not cover or interrupt major architectural features, including such features as doors, windows, or tile embellishments; and (c) Signs placed between window spandrels, on fascias, on sloping roofs, or on awnings shall not exceed two-thirds (2/3) of the height of the area to which the sign is attached. (d) Wall signs shall be centered vertically on the spandrel, fascia or awning.
(3)
Area. The combined area of all wall signs for a building shall not exceed one and one half (1 ½) square feet per lineal feet of building frontage with a maximum of two hundred (200) square feet per use. The length of any sign shall not exceed seventy (70%) percent of the length of the tenant space façade or building façade. (#1438)
12.90.025.D (1)
(2)
01/10
On-Site Directional Signs. Number. (a) One directional sign is permitted for each one way driveway; (b) One directional sign is permitted for each drive through aisle; (c) One directional sign is permitted for each service or delivery entrance; and (d) Additional directional signs are permitted if a health and safety need is demonstrated to the satisfaction of the Planning Director. Location. (a) The sign shall be setback from any property line at least one-half the height of the sign; and (b) The sign shall not be located so as to impair the vision of the Page 178 of 230
driver of a vehicle traveling either into, out of, or through the site. (3)
Area. The area of each sign shall not exceed four (4) square feet.
(4)
Height. The height of the sign including the pole or base shall not exceed four (4) feet from grade to the top of the sign. (#1438)
12.90.025.E Menu/Order Board Signs. (1) Number. Every business with a drive through facility is permitted a maximum of two menu/order board signs. (2)
Location. (a) The sign shall be located adjacent to the drive through aisle; and (b) The sign shall not be located as to impair the vision of the driver of a vehicle traveling either into, out of, or through the drive through aisle.
(3)
Area. The area of each sign shall not exceed thirty-two (32) square feet.
(4)
Height. The height of the sign including the pole or base shall not exceed six (6) feet from grade to the top of the sign. (#1438)
12.90.025.F (1)
12.90.025.E
Programmable Electronic Signs. The following shall apply to programmable electronic signs: (a) Signs shall only be permitted for time and temperature displays, gas station price signs, hotels/motels for prices and vacancies, and theaters. (b) Programmable electronic signs shall comply with the provisions for wall signs as provided by Section 12.90.025.C and freestanding signs as provided by Section 12.90.025.B. (#1438) Movie Theatres.
(1) Number. A maximum of one programmable electronic sign is permitted per movie theatre. (2) Location. (a) Displays shall be located within ten (10) feet of a box office, ticket window, or building entrance. (b) Signs shall be pedestrian oriented and shall not be located for the purpose of being readable from the street. (3) Area. Programmable electronic signs shall be limited to a maximum of thirty (30) square feet. (4) The content of programmable electric signs shall be limited to advertisement or notification of events occurring solely on the premises, or date, time, and temperature. (#1438) 12.90.030 Building Complex Signs. 01/10
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12.90.030.A Building Complex Signs. A building complex shall be considered as a single entity, regardless of whether or not it consists of more than one lot or parcel. Building complex signs shall be permitted as set forth in this section. (#1438) 12.90.030.B Freestanding Signs. (1) Number. To identify the building complex and/or its tenants in the building complex, each building complex is permitted: (a) One (1) on-site freestanding sign per Building Complex; (b) One (1) additional on-site freestanding sign for building complexes with more than one (1) street frontage when an entrance to the building complex is provided, or when freeway frontage exists and the additional sign is oriented towards the freeway; and (c) One (1) additional on-site freestanding sign is permitted for every one thousand (1,000) lineal feet or a portion thereof of total frontage exceeding two thousand (2,000) lineal feet. (2)
Location and design. (a) Freestanding signs shall not be erected or maintained any closer than three (3' ) feet to any building; (b) Freestanding signs shall maintain a setback, measured from the part of the sign that is closest to the nearest property line of the parcel on which it is placed, equal to at least one-half (1/2) the height of the sign; (c) If more than one (1) on-site freestanding sign is proposed, each sign shall have the same design; and (d) The colors and materials of the sign(s) shall be compatible with the colors and materials of the building complex.
(3)
Height. (a) The maximum height for freestanding signs shall be twenty (20) feet.
(4)
Area. (a) The maximum area of each sign excluding the base and/or embellishments shall be one hundred fifty (150) square feet. (#1438)
12.90.30.CWall Signs. (1) Number. (a) Major tenants are permitted an unlimited number of wall signs; (b) Freestanding pad buildings with one tenant are permitted three wall signs, provided each sign is located on a different side of the building and faces a public entrance, a public street or a parking lot; (c) Freestanding pad buildings with two or more tenants are permitted two wall signs per tenant, provided the signs for each tenant are located on a different side of the building and face a public entrance, a public street or a parking lot; and (d) Uses that are neither major tenants nor freestanding pad buildings are permitted one wall sign; provided however, a use on a corner of the building is permitted two wall signs, provided each sign is located on a different side of the building and faces a public entrance, a public street, or a parking lot. 01/10
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(2)
(3)
Location and design. (a) Wall signs may be: (1) Attached flat against or pinned away from a building wall, but shall not extend or protrude more than one foot from the wall; (2) Attached to the facade of a building or on a sloping roof (mansard), but shall not extend above the upper edge of the facade or the sloping roof; and (3) Painted on or attached to a canopy or awning; (b) Signs shall be compatible with the architecture of the building and should not cover or interrupt major architectural features, including such features as doors, windows, and tile embellishments; (c) Signs placed between window spandrels, on fascias, on sloping roofs, or on awnings shall not exceed two-thirds of the height of the area to which the sign is attached; (d) Wall signs shall be centered vertically on the spandrel, fascia, or awning; (e) The size of the letters and the spacing shall be balanced for the tenants within the building complex providing minimum and maximum letter heights; (f) The type of signs throughout the building complex shall be consistent; and Area. (a) The combined area of all wall signs for a building shall not exceed one and one half (1 ½) square feet per lineal feet of building frontage with a maximum of two hundred (200) square feet per use. Major tenants with a minimum of one hundred thousand (100,000) square feet of floor area are permitted up to a maximum of three hundred (300) square feet of cumulative sign area. (b) The length of wall signs shall not exceed seventy (70%) percent of the length of the tenant space facade or building façade. (#1438)
12.90.030.D On-Site Directional Signs. On-site directional signs shall comply with the provisions of Section 12.90.025.D. (#1438) 12.90.030.E (1) (2)
Directory Signs. Number. Each building with more than two tenants is permitted one directory sign located outside the building. Location. (a) The sign shall be setback from any property line at least one-half the height of the sign; (b) The sign shall be located within twenty (20) feet of the building; and (c) The sign shall not be located so as to impair the vision of the driver of a vehicle traveling either into, out of, or through the site.
(3)
Area. The area of the sign shall not exceed sixteen (16) square feet.
(4)
Height. The height of the sign, including the pole or base, shall not exceed six (6) feet from grade to the top of the sign. (#1438)
12.90.030.F Menu/Order Board Signs. of Section 12.90.025.E. (#1438) 12.90.035 01/10
Menu/order board signs shall comply with the provisions
Motor Vehicle Fuel/Service Station Signs. Page 181 of 230
12.90.035.A Freestanding Motor Vehicle Fuel/Service Station Signs (1) Number. (a) Motor Vehicle Fuel Sign - In addition to the freestanding sign permitted by Section 12.90.025.B each use dispensing any motor vehicle fuel at retail to the general public shall be permitted to erect and maintain one (1) freestanding service station price sign for the primary purpose of advertising motor vehicle fuel prices. The sign shall comply with the provisions of Business and Professions Code Section 13531 regarding display requirements. (2) Location. (a) Signs shall not be erected or maintained any closer than three (3) feet to any building; and (b) Any motor vehicle fuel price sign shall maintain a setback, measured from that part of the sign that is closest to the nearest property line of the parcel or lot on which it is placed, equal to at least one-half (½) the height of the sign. (3) Height and Design. The maximum height for any motor vehicle fuel price sign shall be fifteen (15) feet, including the base. The base shall be constructed of materials which match the exterior materials utilized on the main building. (4) Area
(a) Motor Vehicle Fuel Price Sign - The maximum area of any motor vehicle fuel price sign, excluding the base or embellishments shall be one hundred (100) square feet; the maximum area of the sign including the base and/or embellishments shall be one hundred fifty (150) square feet. (1) Motor Vehicle Fuel Price Signs may consist of Programmable Electronic Signs. Use of said signs shall be limited to the portion of any sign structure devoted exclusively to display of motor vehicle fuel price information required or permitted by Division 5, Chapter 14, Article 12 of the California Business and Professions Code (Section 13530, et seq.). (2) Sign displays shall remain static and may not change more than once in one (1) twelve hour period. (#1438)
12.90.035.B Wall Signs Permitted. (1) Except as permitted below, the provisions for motor vehicle fuel and service station wall signs shall comply with the requirements specified in Section 12.90.025.C (wall sign criteria for individual uses). (2) Motor Vehicle Fuel and Service Station Canopy Signs (a) Due to the potential for multiple buildings within a motor vehicle fuel and service station project, additional wall signs (beyond those granted in this Section for the station building(s)) may be permitted for installation upon the fuel canopy of the station. (b) In addition to the permitted number of wall signs per Section 12.90.025.C the total number of additional wall signs upon the fuel canopy shall not exceed four (4). The use of corporate logos or symbols shall count towards this figure. (c) The combined area permitted for all wall signs, including the wall signs located upon the fuel canopy, shall not exceed two hundred (200) square feet. (#1438) 01/10
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12.90.035.C Canopy Signs. Additional signs advertising the price of each grade of gasoline may be placed on each gasoline pump or beneath any canopy which is over the gasoline pumps. (#1438) 12.90.040 Subdivision Signs. 12.90.040.A Purpose. Many new residential subdivisions are located some distance away from the major vehicular entrances to the County, and the public requires additional off-site direction to the subdivisions. It is the intent of this article to provide such direction by allowing a uniform type of signage for that purpose and to allow identification upon arriving at the subdivision. (#1438) 12.90.040.B Off-Premise Subdivision Sign Regulations. (1) Number. (a) No more than two (2) signs are allowed per intersection area. (2) Location. (a) Freestanding signs shall maintain a setback, measured from the part of the sign that is closest to the nearest property line of the parcel or lot on which it is placed, equal to at least one-half (1/2) the height of the sign; (b) Freestanding signs shall be located outside the clear vision triangle; (c) Off-Premise subdivision signs shall be located only on property with written permission from property owner; (d) Within five hundred (500) feet of an intersection (measured at centerline);and (e) Signs at other locations may be approved as part of an Area Plan or Planned Sign Permit Program. (3) Area. The maximum display area shall be: (a) Sixteen feet by eight feet (16'X 8' ) for the entire sign (excluding base or architectural embellishments); and (4) Height and Width. Off-Premise subdivision signs shall not exceed: (a) Fifteen (15' ) feet in height; and (b) Sixteen (16' ) feet in width. (5) Design. Off-site subdivision signs shall be freestanding and contain not more than two (2) advertising sides. They shall conform to the plan area sign guidelines for the area or, if there are no applicable guidelines, they shall conform to the following design: (a) Copy relating to specific subdivisions is limited to the subdivision name, a logo, and a directional arrow or directions to the subdivision; and (b) Any deviation from this design or the design established in the specific plan sign guidelines shall be reviewed as a Planned Sign Permit Program by the Staff Development Committee/ Zoning Administrator (SDC/ZA) or Plumas Lake Specific Plan Design Review Committee (PLSP-DRC) if located within the PLSP. (6) 01/10
Erection and Removal. (a) No off-site subdivision sign shall be erected until at least one (1) subdivision Page 183 of 230
is advertised on the sign; A subdivision name may not be advertised on the sign before either a building permit or a public report by the department of real estate has been issued for the subdivision; (c) A subdivision name shall be removed from the sign within thirty (30) days if no model homes or lots are available for viewing or sale; and (d) The off-site subdivision signs shall be removed if no subdivision name has been advertised on it for a period of ninety (90) days.
(b)
(7) Other types of subdivision advertising signage, such as ladder signs and model home complexes, may be approved as part of a plan area or Planned Sign Permit Program. (#1438) 12.90.040.C On-Site Subdivision Signs. (1) Number. (a) No more than two (2) freestanding signs are permitted for each subdivision entrance; or (b) No more than two (2) walls signs are permitted; and (c) No more than two (2 logo signs are permitted. Provided however, that 1) no more than a total of four (4) signs, as identified above, are permitted at each subdivision entrance; and 2) no on-site subdivision signs shall be permitted for an entrance from another subdivision. (2) Location. (a) Free standing subdivision sign(s) shall: (1) Be located at the entrance to the subdivision on either one or both sides of the subdivision entrance or within the landscape median (one sign) at the subdivision entrance. (2) Be located outside the clear vision triangle; and (3) Maintain a setback, measure from the part of the sign that is closest to the nearest property line of the parcel or lot on which it is placed, equal to at least one-half (1/2) the height of the sign. (b) Wall signs may be mounted on an entry wall or sound wall on one or both sides of the entrance road to the subdivision. (c) Logo signs may be mounted on an entry wall or sound wall (including pilasters) on one or both sides of the entrance road to the subdivision. (3) Area. (a) The maximum area of each freestanding sign shall be thirty-two (32) square feet. (b) The maximum area of each wall sign shall be thirty-two (32) square feet. (c) The maximum area of each logo sign shall be four (4) square feet. (4) Height. (a) The maximum height of a sign shall be six (6) feet. (5) Design
(a) On-site subdivision signs shall be used as community identification and shall not have the community builders name or logo located on any signs. (#1438)
12.90.040.D Multifamily Residential Projects. The following provisions shall apply to multifamily residential projects: 01/10
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(1)
Number. The following signs are permitted: (a) One freestanding sign: (b) One wall sign; and (c) One directory sign per primary entrance.
(2)
Location. (a) Freestanding signs shall be located outside the clear vision triangle; (b) Freestanding signs shall not be erected or maintained any closer than three (3) feet to any building; (c) Freestanding signs shall maintain a setback, measured from the part of the sign that is closest to the nearest property line of the parcel or lot on which it is placed, equal to at least one-half the height of the sign; and (d) Wall signs shall comply with the provisions of Section 12.90.025.C.
(3)
Area. (a) The maximum area of each freestanding sign or sign mounted on a fence or sound wall shall be thirty two (32) square feet; and (b) The maximum total area for the wall sign shall be forty (40) square feet.
(4)
Height. (a) The maximum height of a freestanding sign shall be six (6) feet; and (b) The maximum height of a sign mounted on a fence or sound wall shall be six (6) feet including the height of the fence or sound wall. (#1438)
12.90.045 Prohibited Uses: The following signs are expressly prohibited: (1) Any sign preventing free egress from or ingress to any door, window, fire escape or parking area. (2) Any sign in a public right-of-way or blocking site distance (clear vision triangle), except provided in Section 12.90.040.C(2)(a). (3) Any sign which simulates or imitates in style, color, lettering or design any traffic sign or signal or which makes use of works, symbols or characters in such a manner to interfere with, mislead or confuse pedestrian and/or vehicular traffic. (4) Signs attached to or placed adjacent to any utility pole (snipe sign), parking meter, traffic sign post, traffic signal or any other official traffic control device, as prohibited by California Vehicle Code Section 21464. (5) Abandoned signs as defined in Subsection 12.90.020(1). (6) Signs consisting of any moving, inflatable, flying, rotating, flashing or otherwise animated light or component, except for programmable electronic signs defined in Section 12.90.025.F and barber poles. (7) Any temporary advertising display except as defined in Subsection 12.90.020(48) constructed of cloth, canvas, fabric, paper, plywood, or other light material and is intended to be displayed for a short period of time. Included in this category are retailers'free standing signs and sandwich boards (including A-Frames) displayed for the purposes of informing the public of a sale or "special" offer. 01/10
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(8) Roof signs or any signs extending above the roof or eye line, except those signs mounted on the face of a mansard roof. (#1027) (9) Sandwich board or A-Frame signs. (#1438) 12.90.050 Building Permit Required: No person shall erect, alter, repair, or relocate any sign without first obtaining a building permit for such work from the Building Official of the County of Yuba except where exempt pursuant to Section 12.90.055. No permit shall be issued until the Planning and Building Departments determine that such work is in accordance with the requirements contained in this Ordinance and that such work will not violate the building or electrical codes of the County of Yuba. Except as otherwise provided, permits required by this Ordinance will be issued pursuant to the same terms and according to the same fee schedule as all other building permits. (#1438) 12.90.055 Exemptions: The following should not require a sign permit. These exemptions shall not be construed as relieving the owner of the sign from the responsibility of its erection and maintenance, and its compliance with the provisions of this ordinance or any other law or ordinance regulating same. (1) The changing of the advertising copy or message of a painted, plastic face or printed sign only. Except for signs specifically designed for the use of the replacement copy, electric signs shall not be included in this exception. (2) The electrical, repainting or cleaning maintenance of a sign. (3) Temporary signs consistent with Section 12.90.020 (48). (4) Official flags, emblems and historical markers. This exemption does not apply to flags or pennants bearing corporate emblems, logos, or copy unless flown on the same staff with the flag of the United States or the State of California. Flags not within this exemption are deemed freestanding signs. (5) Residential identification signs specifying the name and house number of the resident. (6) On-site directional signs. (7) Home occupation signs. Permitted home occupations are allowed one wall sign not to exceed four (4) square feet in area and six (6) feet in height. (8) Public signs. (#1027, #1438) 12.90.060 Building Code Compliance. The construction and erection of all signs shall be in accordance with the building code adopted by the Board of Supervisors of the County of Yuba, and the following: (1) When lighted, all internal or external lighted signs shall be illuminated by non-pulsating, continuous, stationary, shielded light and source. (2) External lighting must be screened or shielded to preclude light spill onto adjacent properties and roadways. (#1027, #1438) 01/10
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12.90.065 Nonconforming Existing Signs: Every nonconforming sign lawfully in existence at the time of the adoption of this ordinance except as specified in Section 12.90.022(2) and 12.90.070 may continue and shall not be modified, altered (outside of change of copy), moved, or replaced unless it is made to comply with the provisions of this Chapter. (#1027, #1097, 1438) 12.90.070 Sign Maintenance: Every sign displayed within the County, including but not limited to those signs for which permits are or are not required, shall be maintained in good physical condition. All signs, together with supports, braces, anchors, and electrical components, shall be kept in a safe, presentable condition. All defective or broken parts shall be replaced. Exposed surfaces shall be kept clean, in good repair, and painted where paint is required. The Planning Department Director may order the repair or removal of any sign determined by the County to be unsafe, defective, damaged, or substantially deteriorated. The Planning Director may declare a sign abandoned if, after ninety (90) days written notice to the permit holder, the permit holder has failed or refused to maintain the sign. Upon such declaration, the sign may be considered abandoned and abated as provided in Section 12.90.020 (1). (#1438) 12.90.075 Removal of Illegal Nonconforming Signs: Any of the following nonconforming signs as described below are declared to be public nuisances and may be removed by the Planning or Building Director or his designated representative in accordance with the abatement procedure described in Chapter 7.36 of the Yuba County Ordinance. (1) Abandoned signs (over 90 days). (2) Destroyed signs (over 50% and the destruction is other than facial copy replacement). (3) Flashing, rotating, or flying signs. (4) Nonconforming temporary signs. (5) Unsafe signs or any sign that is a traffic hazard. (6) Any sign installed after March 26, 1985 without a building permit which sign required a building permit at the time of its installation. (7) Any sign that is prohibited per Section 12.90.045. (#1027, #1438) 12.90.080 Enforcement. Enforcement of the provisions of this ordinance shall be the responsibility of the Planning Director (Director) or her designated representative. (#1027, #1438) 12.90.085 Compliance with State and Federal Regulations. No sign shall be allowed to conflict with state or federal standards for regulation of signs along state or interstate highway. (#1027, #1438) 12.90.087 Planned Sign Permit Program (PSPP) 12.90.087.A A Planned Sign Permit Program (PSPP) is required for: (1) Off-site subdivision signs not in conformance with Section 12.90.040 (2) Plan area (i.e. specific plan, community plan, area plan) signs not in conformance with the criteria of this Title. (3) Modification of an existing Planned Sign Permit Program 01/10
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If the provisions of an approved Planned Sign Permit Program conflict with other provisions of this Title, the Planned Sign Permit Program shall control. (#1438) 12.90.087B Filing of a Planned Sign Permit Program (PSPP) Application. (1) (2)
Application for a PSPP shall be filed with the Planning Department upon forms provided for that purpose. The application shall be accompanied by a fee as established by Board of Supervisors. The application shall include: (a) Name, address, and telephone number of the owner(s) of the property(s) upon which the sign(s) are to be placed and the owner’s signed consent to the application (b) Three copies of a site plan for the property(S) upon which the sign(s) is to be located depicting the location of existing building(s) and existing and proposed freestanding sign(s); (c) Three copies of a sign plan depicting the sign(s) including dimensions, colors, materials, and type of illumination; (d) A detailed statement of criteria for the proposed signs, including, but not limited to, number, type, location, size, height, materials, letter style, colors, and illumination; (e) A description of the property to be governed by the PSPP; and, (f) Any additional information or materials necessary for processing and review of the application as deemed necessary by the Planning Director. Additional copies of the above listed information may be required prior to a public hearing. (#1438)
12.90.087.C Approval Criteria. The Staff Development Committee/Zoning Administrator shall approve, conditionally approve, or deny the PSPP application. The Staff Development Committee/Zoning Administrator shall not approve the PSPP unless the following findings are made: (1) The PSPP is consistent with the provisions and intent of this Title; (2) The granting of the application will not materially and adversely affect the health, safety, or welfare of persons in the neighborhood, nor be materially detrimental or injurious to property or improvements in the neighborhood; (3) The PSPP is consistent with the adoption of plan area (specific, community, area plan) guidelines for the plan or other applicable regulation in which it is located, if applicable. (#1438) 12.90.087.D Notice of PSPP Action. Within five (5) working days of the date of the public hearing decision, the Zoning Administrator or her designee shall notify the applicant in writing of the outcome of the Staff Development Committee/Zoning Administrator’s decision including any conditions of approval. (#1438) 12.90.087.E Effect of PSPP. Upon approval of a PSPP, all future signs erected in the area governed by the PSPP shall conform to the PSPP, and no sign permits shall be issued for signs not in conformance with the criteria of the PSPP. Relief from the provisions or criteria of a PSPP may be granted only with the approval of a new PSPP. (#1438) 12.90.087 Sign Permits within a PSPP. 01/10
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(1) Any person wishing to erect or maintain a sign within any area governed by a PSPP shall apply for a sign permit as provided in 12.90.050; and, (2) The Planning Director or her designee shall deny any application not in conformance with the criteria of an applicable PSPP. (#1438) 12.90.090 Variance. 12.90.090.A Variance. Where practical difficulties, unnecessary hardships, or physical restrictions on the land or buildings not generally shared by other properties result from the strict application of the requirements of this Title, variances from such requirements may be granted by the Staff Development Committee/Zoning Administrator pursuant to this chapter. Provided, however, that no variance from the provisions of Chapter 12.90.45 is permitted. (#1438) 12.90.90.B Filing of a Variance Application. (1) Application for a sign variance shall be filed with the Planning Department upon forms provided for that purpose. The application shall be accompanied by a fee as established by Board of Supervisors. (2) The application shall include: (a) A description of the variance and a justification for the request including specific facts to support the findings set forth in Section 12.90.90.C; and (b) Any additional information or materials necessary for processing and review of the application as deemed necessary by the Planning Director. (#1438) 12.90.90.C Approval Criteria. The Staff Development Committee/Zoning Administrator shall approve, conditionally approve, or deny the variance application. The Staff Development Committee/Zoning Administrator shall not approve the variance unless the following findings are made: (1) That there are exceptional or extraordinary circumstances or conditions applying to the land, buildings or signs involved which do not generally apply to other land, buildings or signs in the neighborhood. (2) That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the applicant. (3) That the granting of the application will not materially and adversely affect the health, safety, or welfare of persons in the neighborhood, nor be materially detrimental or injurious to property or improvements in the neighborhood.(#1438) 12.90.90.D Notice of Variance Action. Within five (5) working days of the date of the public hearing decision, the Zoning Administrator or her designee shall notify the applicant in writing of the outcome of the Staff Development Committee/Zoning Administrator’s decision including any conditions of approval. (#1438) 12.90.095 Appeal to the Planning Commission: A. Any aggrieved person adversely affected by a formal decision of the Zoning Administrator may, within ten (10) days after the action, file an appeal in writing with the Secretary of the Yuba County Planning Commission along with payment of the appeal processing fee listed in Chapter 13.02 of the Yuba County Ordinance Code. The basis of the appeal shall be described in detail including the 01/10
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specific action which is being appealed and the alleged reason for that action being in error. B. Upon the filing of an appeal, the Secretary of the appeal board shall set a hearing date within thirty (30) days from the date of filing the appeal. The appellant and the applicant shall be notified of the hearing at least ten (10) days in advance of the date set for the hearing. (#1027 as amended by #1097, #1438) 12.90.100 Decision. Within ten (10) days following the conclusion of the hearing, the Planning Commission shall render its decision on the appeal and shall mail a notice forthwith of this decision to the persons who were given notice of the hearing. (#1027, #1438) 12.90.105 Appeal to the Board of Supervisors. Any interested person adversely affected by the decision of the Planning Commission may, within ten (10) days after the action, file an appeal in writing with the Clerk of the Board of Supervisors along with payment of the appeal processing fee listed in Chapter 13.02 of the Yuba County Ordinance Code. Upon the filing of an appeal, the Clerk shall set a hearing date within thirty (30) days after the date of filing of the appeal. At least ten (10) days notice of the hearing shall be given by mail, to the appellant and the applicant. (#1027 as amended by #1097, #1438) 12.90.110 Decision. Within ten (10) days following the conclusion of the hearing the Board of Supervisors shall render its decision on the appeal in compliance with the provisions of this ordinance relating to approval and disapproval of signs. The decision shall include any findings required under the law of the State of California. Notice of the Board' s decision shall be mailed forthwith to the interested parties. (#1027, #1438)
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CHAPTER 12.95 HOME OCCUPATIONS Sections 12.95.010 Home Occupations _________________________________________________ 12.95.010 Home Occupations: Home Occupations may be permitted in the AE, A/RR, PR, RRE, R-1, R-2, R-3 and RPZ zones providing the following standards are being met: (1) No person other than members of the family residing on the premises shall be engaged in such occupation. (2) Not more than twenty-five percent (25%) of the floor area of the dwelling unit shall be used in the conduct of the home occupation. (3) No building or space outside of the dwelling unit shall be used for home occupation purposes except for agricultural uses. (4) In no way shall the appearance of the structure be so altered or the conduct of the occupation within the structure be such that the structure may be reasonably recognized as serving a nonresidential use. (5) No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot if the occupation is conducted in a single family residence or outside the dwelling unit if conducted in other than a single family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or cause fluctuations in the line voltage off the premises. (6) The home occupation shall not generate pedestrian or vehicular traffic in excess of the customarily associated with the zone in which the use is located. (7) All maintenance or service vehicles and equipment, or any vehicle bearing any advertisement related to the home occupation or any other similar vehicle shall be garaged or stored entirely within a building or structure. Such vehicle shall not have more than two axles. (8) There shall be no use of utilities or community facilities beyond that normal to the use of the property for residential or agricultural purposes as defined in the district. (9) There shall be complete conformity with Fire, Building, Plumbing, Electrical and Health Codes and to all Federal, State and County laws or ordinances. (#906 as amended by #1103)
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CHAPTER 12.100 PLANNED MOBILEHOME PARKS Sections 12.100.010 Purpose 12.100.020 Definitions 12.100.030 Required Permit 12.100.040 Expiration and Revocation of Conditional Use Permits 12.100.050 Enforcement __________________________________________________ 12.100.010 Purpose. The purpose of this Chapter is to promote the available housing opportunities for the present and future residents of Yuba County by the establishment of policies and development standards for the Planned Mobilehome Parks. The development standards for the Planned Mobilehome Parks will further encourage the creation of stable, attractive, residential environments within the individual mobilehome parks. (#906) 12.100.020 Definitions. For the purpose of this Chapter, the following words and phrases shall have the following meanings: (1) Lease. An oral or written contract for the use, possession, and occupation of property. (2) Mobilehome. A structure transportable in one or more sections, designed and equipped to contain not more than two dwelling units to be used with or without a foundation system. Mobilehome does not include a recreational vehicle, commercial coach, or factory-built housing, as defined in the Health and Safety Code. (3) Mobilehome Accessory Building or Structure. Any awning, portable, demountable, or permanent cabana, storage cabinet, carport, fence, windbreak, or porch established for the use of the occupant of the mobilehome. (4) Mobilehome Park. An area or tract of land where three or more mobilehome lots are rented or leased or held out for rent or lease to accommodate mobilehomes used for human habitation. The rental paid for any such mobilehome shall be deemed to include rental for the lot it occupies. (5) Mobilehome Site. Any portion of a trailer park or mobilehome park designed for the use or occupancy of one trailer coach or mobilehome. (6) Rent. Money or other consideration given for the right of use, possession, and occupation of property. (7) Travel Trailer. A vehicle other than a motor vehicle, which is designed or used for human habitation and which may be moved upon a public highway without a special permit or chauffeur’s license or both, without violating any provisions of the Vehicle Code. (#906) 12.100.030 Required Permit. Planned Mobilehome Parks may be permitted in the “A/RR”, “R-2”, and “R-3” Zone only if a Conditional Use Permit has first been secured with the following development standards: 01/10
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(1) Mobilehome Site Requirements. Each mobile home site shall be plainly marked and numbered for identification and shall meet all requirements of this Chapter. (2) Mobilehome Site Area. The mobilehome sites in a mobilehome park shall average 3,000 square feet in area, but no site shall be smaller than 2,700 square feet. (3) Mobilehome Site Width. Each mobilehome site designed for a single width mobilehome shall be an average width of 42 feet. Sites designed for mobilehomes of double width or larger shall be an average width of 30 feet plus the width of the mobilehome, unless it can be shown that adequate space for a patio, parking, and side yard(s) will be assured, despite a site of lesser width. (4) Front Yard. Each mobilehome site shall have a front yard of not less than five (5) feet. The front yard so required shall not be used for vehicle parking, except such portion thereof as is devoted to driveway use. (5) Side Yard, Corner Sites. One corner sites, the side yard adjoining the mobilehome park street shall not be less than five (5) feet. (6) Side Yards, Interior. Each mobilehome site shall have a side yard on each side of not less than five (5) feet, or one side yard of not less than ten (10) feet. (7) Side Yard, Driveway. When used for access of a parking facility, a side yard shall be wide enough for a ten (10) foot wide unobstructed driveway. All such side yard driveways shall be paved with concrete or asphaltic concrete except in the “RR” zone. (8) Rear Yard. Each mobilehome site shall have a rear yard of not less than five (5) feet in depth. yard:
(9) Projection Into Yard. The following structures may be erected or projected into any required (a) Eaves, stairways and awnings not to exceed one (1) foot. (b) Landscape elements including trees, shrubs, and other plants, except hedges, provided that such landscape feature does not hinder the movement of the mobilehome in or out of its space. (c) Mobilehome hitches. (d) Necessary appurtenances for utility services.
(10) Distance between Mobilehomes or Accessory Structures. No portion of a mobile home or attached accessory structure shall be closer than ten (10) feet to another mobilehome or attached accessory structure. (11) Minimum Size for Mobilehomes. No mobilehome which is less than ten (10) feet wide or which has a floor bed of less than 370 square feet may be parked or located on a mobilehome site in a mobilehome park established pursuant to a Conditional Use Permit issued under the provisions of this Chapter. (12) Mobilehome Site Coverage. The mobilehome and accessory structures shall not cover more than 75 percent of the mobilehome site. 01/10
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(13) Population Density. Not more than one single-family mobilehome may be placed on a mobilehome site. (14) Off-Street Parking. (a) Each mobilehome site shall have a paved space (except in “A/RR” Zone) suitable for providing automobile shelter with space for at least two automobiles for each mobilehome (Tandem parking is allowed.) (b) Recreation and laundry areas shall have sufficient parking facilities to accommodate one automobile for every ten (10) mobilehome sites. (15) Signs. (a) Each mobilehome park shall have a bulletin board for listing each mobilehome site and the name of the occupant thereof. The bulletin board shall be located outside the office and it shall be lighted at night. (b) Adequate signs and markings indicating directions, parking areas, recreation areas, and street names shall be established and maintained in the mobilehome park. Such signs shall not exceed six (6) square feet in area. (c) Signs or name plates not exceeding two (2) square feet in area and displaying the name and address only of the occupant of the mobilehome may be erected at each mobilehome site. (d) Signs which identify or advertise the mobilehome park may be erected if approved by the Planning Commission on its action on the conditional use permit for the mobilehome park. Such signs must be located on the premises and shall not be more than 120 square feet in area. They shall not be animated or illuminated except by indirect, non-flashing light. (16) Landscaping. The following landscaping provisions shall apply to all mobilehome parks: (a) All open areas except driveways, parking areas, walkways, utility areas, improved decks, patios, or porches shall be maintained with landscaping as hereinbefore defined. (b) The trees shall be planted along street frontage as may be required by the Planning Commission upon recommendation of the Community Development and Services Agency’s Public Works Department. (17) Walls and Fences. Walls and fences on individual mobilehome sites shall not exceed two feet in height. Walls or fences shall be erected around the perimeter of each mobilehome park as may be required by the Planning Commission. The height, construction, and type of material for such perimeter walls shall be as specified by the Planning Commission in the Conditional Use Permit. (18) Trash Storage. Containers for trash storage of a size, type and quantity approved by the County shall be provided. They shall be placed so as to be concealed from the street and easily accessible to the mobilehome sites. (19) Mobilehome Park Streets. Mobilehome park streets shall be provided in such a pattern as to provide convenient traffic circulation within the mobilehome park. Parking is not permitted. They shall be built to the following standards (except in the “A/RR” Zone): 01/10
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(a) All mobilehome park streets shall have a width of not less than 30 feet including curbs. (b) There shall be concrete roll curbs on each side of the streets. (c) The mobilehome park streets shall be paved in accordance to standards established by the Community Development and Services Agency’s Public Works Department. (d) Mobilehome park streets shall be lighted in accordance to standards established by the Community Development and Services Agency’s Public Works Department. (20) Park and Recreation Areas. A central recreation area shall be established in each mobilehome park created pursuant to the provisions of this Chapter. The size of such area shall be at least 200 square feet per mobilehome site. The recreation area may contain community club houses, swimming pools, shuffleboard courts, and similar facilities. The Planning Commission may permit decentralization of the recreation facilities in accordance with principles of good planning provided that the total recreation area meets the above stated minimum size. (21) Mobilehome Park Office. Every mobilehome park shall include a permanent building for office use. Such building may include a single-family dwelling for the exclusive use of the owner or manager. (22) Laundry Rooms. Every mobilehome park shall have one or more laundry rooms. Laundry drying lines shall not be permitted on any mobilehome site. (23) Mail Boxes Provided. Each mobilehome site shall be equipped with a receptacle for mail deliveries in accordance with the standards prescribed by the local residents. (24) Telephones. The mobilehome park shall contain at least one public telephone for the use of the park residents. (25) Storage Areas. Areas used for the storage of travel trailers, boats, and other such items may be established in a mobilehome park provided they are adequately screened from public view. (26) Utilities. Except in the “A/RR” Zone, all utility distribution facilities serving individual mobilehome sites shall be placed underground. The owner is responsible for complying with the requirements of this subsection and he shall make the necessary arrangements with each of the serving utilities for the installation of such facilities. Transformers, terminal boxes, meter cabinets, pedestals, concealed ducts, and other necessary appurtenant structures may be placed above ground. Water and sewer distribution facilities shall be installed in conformance with specifications of the Utility Engineer. All mobilehome sites must be served with water, electricity, and a sewer. (27) Transient Mobilehome Sites. Sites reserved for transient mobilehomes shall be so designated on the plans submitted with the application for the mobilehome park Conditional Use Permit. The site, yard, and property development standards of this part shall fully apply to sites reserved for transient mobilehomes. Mobilehomes which are smaller than specified in §12.100.030(11) may occupy such designed transient mobilehome sites for periods up to 90 days. (28) Sale of Mobilehomes at Mobilehome Parks. (a) Operation Subject to Conditional Use Permit The operation of a business or occupation either full or part-time, for the purpose of 01/10
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mobilehome sales, shall be allowed on the premises of any legally established mobilehome park in the unincorporated area of the County of Yuba, subject to the issuance of a Conditional Use Permit. (b) Conditions Such Conditional Use Permit shall be subject to any conditions imposed by the County. (c) Restrictions In no event shall the holder of the Conditional Use Permit or any other person maintain or allow to be maintained on the mobilehome park premises for display any mobilehome either assembled or disassembled which is not installed on the site and connected to all utilities sufficient to be legally adequate for immediate occupancy. The maximum number of unoccupied mobilehomes so installed for display shall not exceed three units at any one time. (d) Other Requirements. This section does not affect any other requirements of any agency, board, commission, council, or entity at whatever level for any other permit, authorization, or approval. (#906) 12.100.040 Expiration and Revocation of Conditional Use Permits. A conditional use permit shall forthwith terminate and become void if: (1) A permit for construction of mobilehome park has not been issued by the enforcement agency prior to the expiration of six (6) months from the date of issuance of the conditional use permit. (2) Construction of the mobilehome park has not commenced prior to the expiration of six (6) weeks from the date of issuance of the permit by the enforcement agency. (3) The permit for the construction of the mobilehome park becomes void for any reason. (#906) 12.100.050 Enforcement. Should the Planning Director determine that there has been a violation of the provisions of this Chapter or any conditional use permit issued pursuant thereto, the Directorshall notify, in writing, the owner or manager of the mobilehome park, specifying the particular violation or violations and shall make demand that such violations be corrected within 60 days after receipt of said notice. (#906 as amended by #1130, #1405)
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CHAPTER 12.105 TEMPORARY USES Sections 12.105.010 Temporary Uses for Additional Residences 12.105.020 Purpose 12.105.030 Where Permitted 12.105.040 Conditions of Entitlement ______________________________ 12.105.010 Temporary Uses for Additional Residences. (#906) 12.105.020 Purpose. Additional residences for family members may be granted in certain zones allowing residential uses for a limited period of time, in order to prevent the dislocation of families and to allow for in-home care of certain individuals by family members where such care is needed. (#906) 12.105.030 Where Permitted. In any AE, A/RR, RRE or PR Zones, a property owner may apply to the Planning Department for a temporary use permit to allow for additional residences. (#906, #1405, #1422) 12.105.040 Conditions of Entitlement. (a) The occupants of the second residence shall be limited to family relations of the property owner or spouse no more distant than the second generation. (b) The permit shall be for no more than a two year period and the applicant may apply for additional two year extensions. (c) The applicant shall sign an agreement that at the conclusion of the permit or the violation thereof, the second residence shall be removed from the property or the County may be authorized to remove the residence and record a lien on the property for the cost thereof. Such agreement may be recorded. (d) The decision to grant the temporary permit shall be made by the Planning Director which decision shall be final unless appealed to the Planning Commission within ten (10) days. (e) An application for a temporary permit as provided for in this section shall be accompanied by a filing fee in an amount set by resolution by the Board of Supervisors and any other information deemed necessary by the Planning Director in order to make a decision on the application. (f) Such temporary permit shall expire if the temporary residence is removed from the property or if the residence is no longer occupied by a qualifying relative. (g) The applicant must comply with all other statutes and ordinances relating to health and building codes. (h) The lot on which a temporary permit for a second residence is granted may be no smaller than one acre. (#906 as amended by #1130, #1405) 01/10
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CHAPTER 12.110 PLANNING RESERVE ZONE (PR) Sections 12.110.010 Purpose 12.110.020 Development Standards 12.110.030 Plumas Lake Specific Plan Development Standards 12.110.040 Spring Valley Specific Plan Development Standards ______________________________ 12.110.010 Purpose. Planning Reserve Zones are to be applied in areas contiguous to existing urban development where urban expansion is planned and in areas designated for future development as satellite communities. The purpose of the Planning Reserve Zone are as follows: (a) To provide limited opportunities for subdivision and development in areas pending the preparation and adoption of Specific Plans or other facilities plans. (b) To implement the goals, policies, map and development standards contained in adopted Specific Plans thereby discouraging urban sprawl and establishing a pattern of growth coordinated with public improvements and market demand. (#906 as amended by #1151) 12.110.020 Development Standards. For Planning Reserve Zones which are not subject to an adopted Specific Plan, the following development standards shall apply: (a) Uses Permitted. 1. Single family residences or mobilehomes. 2. One additional single family residence for parcels 10 acres or larger. 3. All agricultural uses permitted in the RRE Zone. 4. Family Day Care Homes in accordance with Chapter 12.120. (b) Uses Permitted by Conditional Use Permit. 1. Mobilehome parks. 2. Churches, schools and other institutional uses. (c) Subdivision Standards. 1. Subdivisions into five (5) or more parcels shall be prohibited unless in conformance to an adopted Specific Plan for the area. 2. Parcel maps may be permitted provided they meet the following criteria: (a) All parcels shall be 1 acre or larger. 01/10
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(b) All public roads shall meet urban development standards and shall be designed to accommodate reasonable access to surrounding properties. (#906 as amended by #1055) 12.110.030 Plumas Lake Specific Plan Development Standards. For land located within the Plumas Lake Specific Plan, the following standards shall apply: (a) Uses Permitted. 1. All uses conforming to the designations set forth in the land use map and text of the Plumas Lake Specific Plan, provided that all development standards set forth in the applicable sections of the Specific Plan shall also apply. 2. For properties designated for public facilities including, but not limited to, parks, schools, and public utilities, those uses allowed under the zoning in effect and governing the use of said properties on September 20, 1993, shall be permitted in addition to the uses permitted in Section 12.110.030(a) 1. 3. Minimum densities in the High Density Residential classification of the Plumas Lake Specific Plan shall be 10 dwellings per acre. (#1151, as amended by #1335) 12.110.040 Spring Valley Specific Plan Development Standards. For land located within the Spring Valley Specific Plan, the following standards shall apply: (a) Uses Permitted: 1. All uses conforming to the designations set forth in the land use map and text of the Spring Valley Specific Plan, provided that all development standards set forth in the applicable sections of the Specific Plan shall also apply. 2. For properties designated for public facilities including, but not limited to, parks, schools, and public utilities, those uses allowed under the zoning in effect and governing the use of said properties on February 11, 1992, shall be permitted in addition to the uses permitted in Section 12.110.040(a)1. 3. Minimum densities in the multi-family residential classification shall be one-half of the densities identified in the Specific Plan. (#1185, as amended by #1335)
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CHAPTER 12.115 BEALE AIR FORCE BASE ZONE "BAFB" REGULATING THE HEIGHT OF STRUCTURES AND THE USE OF PROPERTY IN THE BEALE AIR FORCE BASE AREA OF INFLUENCE Sections 12.115.010 Declaration of Purpose 12.115.020 Short Titles 12.115.030 Definitions 12.115.035 General Provisions 12.115.040 Height Zones 12.115.050 Height Restrictions 12.115.060 Noise Standards 12.115.070 Land Use Compatibility for Aircraft Noise 12.115.080 Noise Restrictions Areas 12.115.090 Safety Restriction Area 12.115.100 Land Use Compatibility in Safety Areas 12.115.110 Nonconforming Uses 12.115.120 Variances 12.115.130 Administrative Agency 12.115.140 Conflicting Regulations ___________________________________ 12.115.010 Declaration of Purpose. Pursuant to the authority conferred by the Airport Land Use Commission and by the Airport Approaches Zoning Law of the State of California and in conformity with Sections 21655 through 21662 and Section 21670 through 21676.5 of the Public Utilities Code and with Sections 50485 through 50485.13 and Sections 65302.3 of the California Government Code, the Board of Supervisors of the County of Yuba, State of California deems it necessary to regulate the use of the air space for the purpose of promoting the health, safety and general welfare of the inhabitants of the County of Yuba by protecting Beale Air Force Base from non-compatible land uses and providing for the orderly growth of the area surrounding the base, safeguarding the general welfare of the inhabitants within the vicinity of the airport and the public in general by protecting the public from the adverse effects of aircraft noise and reducing the number of people exposed to airport-related hazards, and ensuring that no structures affect navigable airspace. (#1030) 12.115.020 Short Titles. This Chapter shall be known and may be cited as the "Beale Air Force Base Zoning Ordinance of the County of Yuba". (#1030) 12.115.030 Definitions. As used in this chapter, unless the context otherwise requires: (1) "Airport" means the Beale Air Force Base Airport. (2) "Airport hazard" means any structure or tree or use of land which obstructs the air space required for the flight of aircraft in landing or taking off at the airport or is otherwise hazardous to such landing or taking off of aircraft. (3) "Area of Influence" means the area shown on FIGURE 5 which combines the 65 CNEL noise contour line and the safety overflight zone. 01/10
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(4) "Landing area" means the area of airport used for the landing, takeoff or taxiing of aircraft. (5) "Person" means any individual, firm, co-partnership, corporation, company, association, joint stock association or body politic and includes any trustee, receiver or assignee. (6) "Structure" means any object constructed or installed by man, including, but not without limitation, buildings, towers, smokestacks and overhead lines. (7) "Tree" means any object of natural growth. (8) "Zoning Administrator" means the Zoning Administrator of the County of Yuba, State of California. (#1030) 12.115.035 General Provisions. (a) Authority. This chapter is adopted under the provisions of Government Code Section 65302.3 and Chapter 4, Article 3.5 of the California Public Utilities Code and the power of the County of Yuba to protect the public health, safety and welfare of its residents. (b) Findings. (1) The Board of Supervisors finds that regulation of land use surrounding airports is necessary to protect the public health, safety and welfare from potential hazards associated with incompatible land uses. (2) The Board of Supervisors finds that this Chapter is necessary to safeguard the general welfare of inhabitants within the vicinity of the Beale Air Force Zone and the public in general from the adverse effects of aircraft noise and related aircraft hazards. (3) The Board of Supervisors finds that within the Beale Air Force Zone construction of single-family dwellings as well as other residential dwellings including, but not limited to, hotels, motels, apartments and mobile home parks can be accomplished to reduce the interior noise level not to exceed 45 db (CNEL) by design and the use of materials which reduce the transmission of sound including, but not limited to, the following: a. The use of insulation. b. Heavy weatherstripping of exterior doors. c. Fixed, sealed, double-pane windows with forced ventilation or air conditioning. d. Elimination of baffling or openings through exterior walls. e. Adding materials to ceiling surfaces where no attics exist. (4) The Board of Supervisors finds that to insure reduction of interior noise levels of new residential structures within the 65-75 db noise contour area all such construction shall meet the standards set forth in this Chapter. An acoustical study shall be prepared by a registered engineer certifying that a structure has been designed so that the interior noise level does not exceed 45 db. (5) The Board of Supervisors finds that permitting those residential uses identified in this Chapter 01/10
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within the 65-75 db noise contour area is contrary to the provisions contained in the Comprehensive Land Use Plan for Beale Air Force Base adopted by the Airport Land Use Commission and therefore requires that the Board of Supervisors override the applicable section contained in the Comprehensive Land Use Plan. (6) The Board of Supervisors finds that reducing the interior noise levels of new residential structures within the 65 to 75 db noise contour area to a maximum of 45 db minimizes resident' s exposure to excessive levels of noise which accomplishes and, is consistent with, the provisions and purpose of the Comprehensive Land Use Plan. (7) The Board of Supervisors finds that this Chapter is consistent with the provisions of the Comprehensive Land Use Plan adopted for Beale Air Force Base and satisfies the requirements of Government Code Section 65302.3. (#1030 as amended by #1160 12.115.040 Height Zones. In order to carry out the purposes of this Chapter all of the land in the Beale Air Force Base Area of Influence is hereby divided into airfield imaginary surfaces which determine height restrictions for natural and man-made object as follows: Primary Surface - A surface located on the ground longitudinally centered on the runway centerline with the same length as the runway. The width of the primary surface is 2,000 feet. Inner Horizontal Surface - An oval plane 150 feet above the airfield elevation, constructed by scribing an arc with a radius of 7,500 feet from the centerline at the end of each runway and connecting these arcs with tangents. Conical Surface - A surface extending from the outer edge of the inner horizontal zone, outward and upward at a slope of 20 to 1 for a horizontal distance of 7,000 feet, to a height of 500 feet above the airfield elevation. Outer Horizontal Surface - A plane 500 feet above the airport elevation, extending outward from the outer edge of the conical surface, for a distance of 30,000 feet. Approach Surface - An inclined plane, symmetrical about the extended runway centerline, starting 300 feet beyond each end of the runway at the airfield elevation and extending 50,000 feet. The slope of the surface is 50 to 1 until it reaches a height of 500 feet and then continues horizontally to a distance of 50,000 feet. The width of this surface starts the same as the primary surface and flares to 16,000 feet at 50,000 feet. Transitional Surfaces - These surfaces connect primary, horizontal, conical, and approach surfaces. The slope is seven to one, outward and upward from the runway extended centerline. These surfaces are shown on FIGURES 1 and 2. (#1030) 12.115.050 Height Restrictions. A. Except as otherwise provided in this Chapter, no structure or tree shall be erected, altered, allowed to grow or maintained in any airfield surface in excess of the height limit established for such surface as set forth in Section 12.115.040 and shown on figure 2. (#1030) B. Proposed new construction or expansion of existing structures that would penetrate the adopted height restriction imaginary surfaces is deemed to be and incompatible land use, unless either the FAA 01/10
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has determined that the proposed structure does not constitute a hazard to air navigation of the State Division of Aeronautics has issued a permit allowing construction of the proposed structure. (#1030) C. Each person proposing any kind of construction or alteration which would penetrate any of the height restriction imaginary surfaces must give notice to the Federal Aviation Administration on Form 7460-1, Notice of Proposed Construction or Alteration, if such construction or alteration is: 1) More than 200 feet in height above the ground level at its site, or 2) Of a greater height than an imaginary surface extending outward and upward at a slope of 100 to 1 for a horizontal distance of 20,000 feet from all edges of the runway surface, if the runway is more than 3,200 feet in length. (#1030) 12.115.060 Noise Standards. FIGURE 3 is hereby incorporated as the official map delineating noise contours of noise generated by aircraft within the Beale Air Force Base Area of Influence. (#1030) 12.115.070 Land Use Compatibility For Aircraft Noise. The following land use compatibility guidelines for noise are adopted for the determination of compatible land uses in the Beale AFB Area of Influence: FIGURE 4 under Section 12.115.070 of the Yuba County Ordinance Code is hereby amended to read as shown on the attached page labeled EXHIBIT A. FIGURE 6 referenced in Section 12.115.100 of the Yuba County Ordinance Code is hereby amended to read as shown on the attached page labeled EXHIBIT B. (#1030 as amended by #1097 and #1160) 12.115.080 Noise Restriction Areas: A. New single-family residences, including mobile home parks, are prohibited in areas having an airport caused noise between the 65-75 db CNEL unless the following criteria are met: 1. An acoustical study is prepared by a registered engineer showing that the structure has been designed so that the interior noise level, with windows closed, does not exceed 45 db CNEL. 2. An Aviation Noise Easement is secured and recorded with the County prior to issuance of a Certificate of Occupancy for the structure. B. New hotels, motels, apartment houses, and dwelling units except single-family dwellings, are prohibited in areas having an airport caused noise between the 60 to 75 db CNEL unless the following criteria are met: 1. An acoustical study is prepared by a registered engineer demonstrating that the proposed structure or structures have been designed to meet the noise reduction requirements and standards set forth in the California Administrative Code Title 25, Section 28. 2. Aviation Noise Easement is secured and recorded with the County prior to the issuance of a Certificate of Occupancy for the structure(s). (#1030 as amended by #1160) 12.115.090 Safety Restriction Area. In order to carry out the purpose of this Chapter, all of the land in 01/10
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the Beale Air Force Base Area of Influence is hereby divided in the following airport safety areas. Safety Area 1: Clear Zone An area starting at the end of the runway surface that is 3,000 feet wide, is centered on the extended centerline of the runway, and extends 3,000 feet outward. Both clear zones are on base property and are maintained by the Air Force. Safety Area 2: Approach-Departure Zone An area 3,000 feet wide and 12,000 feet long, that starts at the outer end of the clear zone, and is centered along the extended centerline of the runway. The southern zone is entirely on base property and maintained by the Air Force. Safety Area 3: Overflight Zone An area enveloping the airfield flight pattern and maneuvering area, constructed by combining two rectangles of the following dimensions: The first has an easterly boundary 16,000 feet from and parallel to the extended centerline of the runway and ends perpendicular to the centerline 20,000 feet from each end of the runway. Two-thirds of this area is base property. The second has a westerly boundary 26,000 feet from and parallel to the extended centerline of the runway, and ends perpendicular to the centerline 62,000 feet to the north and 50,000 feet to the south from the ends of the runway. FIGURE 5 indicates the designated safety areas and also shows the 65 CNEL contour. (#1030) 12.115.100 Land Use Compatibility in Safety Areas. The land use compatibility guidelines for safety as shown in FIGURE 6 shall be used to determine allowable land uses for the Beale Air Force Base safety areas. (#1030) 12.115.110 Nonconforming Uses. A. Nonconforming land uses which were in existence prior to the effective date of this Ordinance may continue. Nonconforming land use may be changed to another nonconforming land use. B. No nonconforming land use, building, or structure, may be expanded except: 1. Expansions of single family detached residents. 2. Expansion of schools that would increase the capacity by less than one-third. C. If any nonconforming land use, building, or structure is damaged and the damage exceeds 50 percent of the value of the use, building or structure, any subsequent land use shall be in accordance with this plan, except as follows: 1. Single-family detached residences. 01/10
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2. Schools D. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this ordinance. The Board of Supervisors hereby declares that it would have passed this ordinance and every section, subsection, sentence, clause or phrase thereof, irrespective of the fact any one or more sections, subsections, sentences, clauses or phrases be declared invalid. (#1030 as amended by #1097) 12.115.120 Variances. Any person desiring to erect any structure or increase the height of any structure or permit the growth of any tree or otherwise use his property in a manner contrary to the airport zoning regulations adopted under this Chapter may apply for a variance from the zoning regulations in question in accordance with Sections 12.10.300, 12.10.310, and Sections 12.10.700 through 12.10.730 of the Yuba County Zoning Ordinance. (#1030) 12.115.130 Administrative Agency. The Zoning Administrator is hereby designated as the administrative agency charged with the duty of administering and enforcing the regulations herein described. The duties of the Zoning Administrator shall include that of hearing and deciding all applications for permits and variances under the provision of this Chapter. (#1030) 12.115.140 Conflicting Regulations. Where this Chapter imposes a greater or more stringent restriction upon the use of land than is imposed or required by any other ordinance or regulation, the provisions of this Chapter shall govern. (#1030)
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CHAPTER 12.120 CHILD CARE FACILITIES Sections 12.120.100 Findings 12.120.200 Declaration of Purpose 12.120.300 Definitions 12.120.400 Permitted Uses 12.120.500 Uses Permitted With a Use Permit 12.120.600 Administrative Approval Process 12.120.700 Development Standards 12.120.800 Appeal ___________________________________ s emotional, 12.120.100 Findings. Child day care facilities can contribute positively to a child' cognitive, and educational development. Good quality child day care services are an essential service for working parents. It is desirable to situate family day care homes for children in normal residential surroundings so as to give children the home environment which is conducive to healthy and safe development. It is the public policy of the State of California to provide children in a family day care home the same home environment as provided in a traditional home setting. Where spacing and concentration of child day care facilities are not properly regulated, they can contribute to traffic control and parking problems in residential neighborhoods. (#1029) 12.120.200 Declaration of Purpose. The purpose of this Chapter is to allow for reasonable use of single family residences as family day care homes, while minimizing the impacts to residential neighborhoods and to support and complement the land use objectives set forth in the Yuba County General Plan and this Chapter by encouraging the use of single family residences as family day care facilities and by reducing or eliminating vehicular traffic and safety hazards by regulating spacing, concentration, parking and access. (#1029) 12.120.300 Definitions: For the purpose of this Chapter, the following terms shall be defined as follows: (1) "Child day care facility" means a facility which provides non-medical care to children under 18 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 24-hour basis in exchange for payment of money. Child day care facility includes day care centers and family day cares homes. (2) "Day care center" means any child day care facility other than a family day care home, and includes infant centers, preschools, and extended day care facilities. (3) "Family day care home" means a home which regularly provides care, protection, and supervision of 12 or fewer children, in the provider' s own home, for periods of less than 24 hours per day, while the parents or guardians are away, and includes the following: (a) "Large-family day care home" means a single-family home which provides family day care to 7 to 12 children, inclusive, including children who reside at the home. 01/10
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(b) "Small-family day care home" means a single family home which provides family day care to six or fewer children, including children who reside at the home. (#1029) 12.120.400 Permitted Uses. (1) Small-family day care homes (1 - 6 children) shall be permitted in all residential and commercial zones. (2) Day care centers shall be permitted in the C and RC zones. (#1029) 12.120.500 Uses Permitted With a Use Permit. The following uses are allowed provided a Use Permit has first been secured authorizing such use: (1) Large-family day care homes (7 - 12 children) in the AE, A/RR, RRE, R-1, R-2, R-3, RC, C, TPZ, and PR zones. 12.120.600 Administrative Approval Process. Application for a Use Permit shall be made to the Planning Department in writing on a form prescribed by the Planning Department. The Zoning Administrator or persons designated in his behalf shall be responsible for evaluating the Use Permit application. Not less than 10 days prior to the date on which the decision will be made on the application, notice shall be mailed to all owners of property within 400 feet of the proposed day care site. No public hearing will be held unless requested by the applicant or other person. The Use Permit shall be granted if the request complies with the standards specified in Section 12.120.700. (#1029, #1367, #1405) 12.120.700 Development Standards. A Use Permit shall be granted to large-family day care homes provided the following standards are met: (1) Spacing and Concentration: One (1) per 1,000 linear feet of street frontage in the R-1, R-2, R-3, and PR zones and one (1) per 2,500 linear feet of street frontage in the AE, A/RR, and TPZ zones. (2) Parking shall be required as follows: (a) Large-family day care homes: Three (3) spaces in addition to two (2) off-street spaces for family members who reside at the home. (b) Day care centers: One (1) off-street parking space for each employee and one (1)off-street space for each ten (10) children. (c) Surfacing: All parking shall be surfaced subject to the provisions of Section 12.85.040. 12.120.800 Appeal. The applicant or other affected persons not satisfied with the action of the Zoning Administrator may within ten (10) calendar days following the date of approval appeal in writing to the Planning Commission. (#1029, #1367) 01/10
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CHAPTER 12.125 BROWNSVILLE AIRPORT ZONE “BAPZ” – REGULATING THE HEIGHT OF STRUCTURES AND THE USE OF PROPERTY IN THE BROWNSVILLE AREA OF INFLUENCE Sections 12.125.010 General Provisions 12.125.115 Definitions 12.125.030 Height Zones 12.125.040 Airport Safety Zones 12.125.050 Land Use Compatibility in Safety Areas 12.125.070 Incompatible Uses _________________________________________________ 12.125.010 General Provisions. (a) Authority. This Chapter is adopted under the provisions of Government Code Section 65302.3 and Chapter 4, Article 3.5 of the California Public Utilities Code and the power of the County of Yuba to protect the public health, safety and welfare of its residents. (b)
Findings.
(1) The Board of Supervisors finds that regulation of land use surrounding airports is required in order to protect the airport from encroachment by incompatible land uses. (2) The Board of Supervisors finds that adoption of this Chapter is necessary in order to safeguard the general welfare of the inhabitants within the vicinity of the airport and the public in general by protecting them from the adverse effects of aircraft noise and reducing the number of people exposed to airport related hazards. (3) The Board of Supervisors finds that the adoption of this Chapter is necessary to ensure that no structure affect navigable airspace. (c)
Intent.
(1) It is the intent of the Board of Supervisors to create and maintain a comprehensive land use plan surrounding the Brownsville Airport that is consistent with the County General Plan and to implement the policies set forth in the Brownsville Airport Comprehensive Land Use Plan adopted by the Airport Land Use Commission. (d) Limitations. No provision of this chapter or any ruling, requirement, or policy of the Board of Supervisors is a limitation on any of the following: (1) On the police power of the County of on the power of the County to declare, prohibit, and abate nuisance. (2) On the power of the County to adopt policies, standards, or regulations imposing policies, standards, or regulations imposing additional requirements on any persons if the requirements do not prevent the person from complying with the provisions of this chapter. 01/10
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(3) On the power of the County to regulate the land use of buildings, structures, and land as between industry, business, residents, open space and other purposes. (e) Captions. Captions in this chapter are inserted for convenience of reference only and do not define, describe, or limit the scope of this chapter or any of its provisions. (#1165) 12.125.020 Definitions. Unless the context otherwise requires, the following definitions shall govern the construction of this chapter: (a) “Airport” means the Brownsville Aero Pines Airport. (b) “Airport Hazard” means any structure or tree or use of land which obstructs the air space required for the flight of aircraft in landing or taking off at the airport or is otherwise hazardous to such taking off or landing or aircraft. (c) “Area of Influence” means the area shown on Figure 1. (d) “Landing Area” means the area of the airport used for the landing, takeoff or taxiing of aircraft. (e) “Person” means any individual, firm, co-partnership, corporation, company, association, joint stock association or body politic and includes any trust, receiver or assignee. (f) “Structure” means any object constructed or installed by man including, but not limited to buildings, towers, smokestacks and overhead lines. (g) “Tree” means any object of natural growth. (#1165) 12.125.030 Height Zones. For the purposes of this Chapter the Brownsville Airport Area of Influence is hereby divided into airfield imaginary surfaces as shown in Figure 1 which determine height restrictions for natural and man-made objects. The airfield imaginary surfaces are as follows: (a) Primary Surface. A surface longitudinally centered along the runway extending 200 feet beyond each of the runway and having a total width of 250 feet. (b) Horizontal Surface. A horizontal plane 150 feet above the established airport elevation, the perimeter of which is constructed by scribing an arc 5,000 feet out from the center of each end of the primary surface and connecting the arcs with tangents. (c) Conical Surface. A surface extending outward and upward from the periphery of the horizontal at a slope or 20 to 1 for a horizontal distance of 4,000 feet. (d) Approach Surface. A surface longitudinally centered on the extended runway centerline, extending outward and upward from each end of the primary surface at a slope of 20 to 1 for a length of 5,000 feet. The width of this surface starts the same as the Primary Surface, 250 feet, and flares to 1,250 feet at a 5,000 feet. (e) Transitional Surface. A surface extending outward and upward from the side of the Primary Surface and from the sides of the approach surfaces at a slope of 7 to 1. (#1165)
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12.125.040 Height Restrictions. (a) Except as otherwise provided in this Chapter, no structure or tree shall be erected, altered or allowed to grow or maintained in any airfield surface in excess of the height limits established for such surface as set forth in Section 12.125.030 and shown in Figure 1 as determined by the annual State Department of Aeronautics inspection. (b) Any proposed new construction or expansion of existing structures that would penetrate any of the imaginary surfaces defined under Section 12.125.030 shall be deemed an incompatible land use and shall not be permitted except for the following: 1. The FAA determines that the proposed structure does not constitute a hazard to air navigation. 2. The State Division of Aeronautics has issued a permit allowing construction of the proposed structure. (#1165) 12.125.050 Airport Safety Zones. For the purposes of this Chapter the Brownsville Airport Area of Influence is hereby divided into the following airport safety zones as shown in Figure 2: (a) Clear Zone. Begins at the end of the primary surface, 200 feet beyond the end of the runway surface, and is centered along the extended runway centerline. It has an inner width of 250 feet, extends outward for a length of 1000 feet and has an outer width of 450 feet. (b) Approach/Departure Zone. Begins at the outer end of the Clear Zone and is centered along the extended runway centerline. It has an inner width of 450 feet, extends outward for a length of 2,000 feet, and has an outer width of 850 feet. (c) Over-flight Zone. Generally coincides with the area over-flown by aircraft during normal traffic pattern procedures an coincides with the area under the horizontal surface, but outside of the Clear and Approach/Departure Zones. (#1165) 12.125.060 Land Use Compatibility in Safety Areas. The Land Use Compatibility Guidelines for Safety as shown in Figure 3 shall be used to determine permitted land uses within the Brownsville Airport safety areas. (#1165) 12.125.070 Land Use in Safety Areas. (a) Incompatible uses which were in existence prior to the effective date of this ordinance may continue. No incompatible uses may be changed to another incompatible use. (b)
No incompatible use, building or structure may be expanded except for the following: 1. Detached single family residences. 2. Expansion of schools that would increase the capacity by less than one third.
(c) In any incompatible uses, building or structure is damaged and the damage exceeds 50 percent of the value of the use, building or structure, any subsequent use must be in conformity with the provisions contained in this chapter except for the following: 1. Single family detached residences. 01/10
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2. Schools. (d) Should an incompatible use, building or structure be abandoned for a continuous period of one year, such cessation shall be considered an abandonment of the use, building or structure and shall be subject to the provisions contained in this chapter. (#1165)
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CHAPTER 12.130 DENSITY BONUS INCENTIVE PROGRAM Section 12.130.010 12.130.020 12.130.030 12.130.040 12.130.050 12.130.054 12.130.060
Purpose Applicable Zoning Districts General Provisions Density Bonuses and Qualifying Projects Additional Incentives or Concessions Maximum Parking Requirements Appeal
______________________________ 12.130.010 Purpose. (1) To implement state legislation (Government Code Sec. 69515) intending that density bonuses and other incentives contribute significantly to the economic feasibility of very low, lower, and moderate income and senior households. (2) To provide both owner occupied and rental housing units that are affordable to all households, particularly to those of very low, lower , moderate income families, and senior citizens in a manner that will protect the health, safety, and general welfare of the residents of Yuba County. (#1175, #1385) 12.130.020 Applicable Zoning Districts. This chapter shall be applicable to all zoning districts that permit residential uses. (#1175, #1385) 12.130.030 General Provisions. (1) A Conditional Use Permit application and Supplemental Questionnaire shall be utilized to request a density increase or other incentives under this Chapter. (2) The developer of a qualifying project shall be entitled to a density bonus and other incentives and/or concessions as specified herein and in Section 65915 of the California Government Code. ( #1385) (3) The County shall require the execution of an Affordability Agreement with the developer as a Condition of Approval. Said agreement shall include, but not be limited to, the following: (a) Term of agreement. (b) Description of project including location, number of total units (including bedrooms) and number of reserved affordable units (including bedrooms). (c) Standards for qualifying household incomes and maximum rents or sale prices. 01/10
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(d) Process used to certify tenant income. (e) Description of how vacancies will be marketed and filled. (f) Enforcement mechanisms restricting reserved affordable units upon sale or transfer. (g) Process used to monitor and enforce affordability of reserved units. (4) The density bonus market rate units may be permitted on parcels other than where the restricted units are located. (5) The development shall conform to all lot area, yard, building height and set back, sign, wall and fence, landscaping and sidewalk, and parking standards contained in the underlying zone, except as listed in Section 12.130.050 (2). (#1385) (6) The development shall be connected to and served by a publicly owned and operated sanitary sewer system, piped community water system and storm water drainage facilities. (#1385) (7) County shall, within 90 days of receipt of a written proposal, notify the housing developer in writing of the procedures under which it will comply with Government Code Section 65915. (#1385) (8) Prior to approval, the County Zoning Administrator shall find that the project meets each and every finding under Section 12.10.230 of the Yuba County Ordinance Code. (#1175, #1385) 12.130.040 Density Bonuses and Qualifying Projects. A density increase may be granted if a Conditional Use Permit has first been secured in accordance with Sections 12.10.700 and 12.10.710 of the Yuba County Ordinance Code and provided that all of the following criteria are met: A “density bonus” means a density increase of at least 20 percent, unless a lesser percentage is elected by the applicant, over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan. The amount of density bonus to which the applicant is entitled shall vary according to the amount by which the percentage of affordable housing units exceeds the percentage established in 12.130.040 (2). For each 1 percent increase above 10 percent in the percentage of units affordable to lower income households, the density bonus shall be increased by 1.5 percent up to a maximum of 35 percent. For each 1 percent increase above 5 percent in the percentage of units affordable to very low income households, the density bonus shall be increased by 2.5 percent up to a maximum of 35 percent. All density calculations resulting in fractional units shall be rounded up to the next whole number. If an applicant agrees or proposes to construct a condominium project as defined in subdivision (f) of , or a planned development as defined in subdivision (k) of, Section 1351 of the Civil Code, in which at least 10 percent of the total dwelling units are reserved for persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code, a “density bonus” of at least 5 percent shall be granted. For each 1 percent increase above 10 percent of the percentage of units affordable to moderate-income households, the density bonus shall be increased by 1 percent up to a maximum of 35 percent. All density calculations resulting in fractional units shall be rounded up to the next whole number. (1) The development must consist of five or more dwelling units. (2) The developer shall agree to construct at least ten (10) percent of the total units of the housing development for low income households as defined in Section 50079.5 of the California Health and Safety Code, or 01/10
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(3) Five (5) percent of the total units for very low income households as defined in Section 50105 of the California Health and Safety Code, or (4) Agrees to construct a senior housing development as defined in Sections 51.3 and 51.12 of the Civil Code, or (5) Ten (10) percent of the total dwelling units in a condominium project or, planned development for families of moderate income as defined in Sections 50093 of the Health and Safety Code, or (6) An applicant for a tentative subdivision map, parcel map, or other residential development approval donates land suitable for the construction of affordable housing to the county as provided for in the subdivision, the applicant shall be entitled to a 15 percent increase above the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan for the entire development. For each 1 percent increase above the minimum 10 percent land donation described below the density bonus shall be increased by 1 percent, up to a maximum of 35 percent. An applicant shall be eligible for the increased density bonus described in this subdivision if all of the following conditions are met: (a) The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or residential development application. (b) The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low income households in an amount not less than 10 percent of the number of residential units of the proposed development. (c) The transferred land is at least one acre in size or of sufficient size to permit development of at least 40 units, has the appropriate general plan designation, is appropriately zoned for development as affordable housing, and is or will be served by adequate public facilities and infrastructure. The land shall have appropriate zoning and development standards to make the development of the affordable units feasible. No later than the date of approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land. (d) The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with paragraph (b) above, which shall be recorded on the property at the time of dedication. (e) The land is transferred to the County or to a housing developer approved by the local agency. The County may require the applicant to identify and transfer the land to the developer. (f) The transferred land shall be within the boundary of the proposed development or, if the County agrees, within one-quarter mile of the boundary of the proposed development. (7) An applicant proposes to construct a housing development that conforms to the requirements of subdivision (b) and includes a child care facility that meets the requirements of Sec. 65915: of Government Code, and that will be located on the premises of, as part of, or adjacent to, the project, county shall grant either of the following. (a) An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the child care facility. 01/10
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(b) An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility. (8) The developer shall insure that the target units are affordable to the household identified in Section 12.130.40 for a minimum term of thirty (30) years. (#1175, #1385) 12.130.050 Additional Incentives or Concessions. The following additional incentives or concessions requested by an applicant shall be granted provided the developer agrees to construct affordable housing units in accordance with Section 12.130.40 unless the county makes the necessary findings contained in Section 65915 (d), (i) of the Government Code. (1) The applicant shall receive the following number of incentives or concessions: (a) One incentive or concession for projects that include at least 10 percent of the total units for lower income households at least 5 percent for very low income households, or at least 10 percent for persons and families of moderate income in a condominium or planned development. (b) Two incentives or concessions for projects that include at least 20 percent of the total units for lower income households, at least 10 percent for very low income households, or at least 20 percent for persons and families of moderate income in a condominium or planned development. (c) Three incentives or concessions for projects that include at least 30 percent of the total units for lower income households, at least 15 percent for very low income households, or at least 30 percent for persons and families of moderate income in a condominium or planned development. (2) For the purpose of this chapter, concession or incentive means any of the following: (a) A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable, financially sufficient, and actual cost reductions. (b) Approval of mixed use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office , industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located. (c) Other regulatory incentives or concessions proposed by the developer or the county that result in identifiable, financially sufficient, and actual cost reductions. (#1175, #1385) 12.130.054 Maximum Parking Requirements. The maximum parking requirements, inclusive of handicapped and guest parking, of a development meeting the criteria of section 12.130.040 shall not exceed the following ratios if the applicant requests the use of such alternative standards. (1) Zero to one bedrooms: one onsite parking space. (2) Two to three bedrooms: two onsite parking spaces. (3) Four and more bedrooms: two and one-half parking spaces. 01/10
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(4) If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this subdivision, a development may provide “onsite parking” through tandem parking or uncovered parking, but not through on-street parking. (#1175, #1385) 12.130.060 Appeal. Appeals from any decision rendered pursuant to the provisions of this Chapter shall only be heard if the appeal complies with the procedures set forth in Sections 12.10.720 and 12.10.730. (#1175, #1385) End
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