ZONING ORDINANCE ADOPTED 1986

Transcription

1 ZONING ORDINANCE ADOPTED 1986 LAST AMENDED July 11, 2014

2 July 11, 2014 Lake County Zoning Ordinance edition includes the following amendments: Subject Ordinance number Effective date File number Zoning ordinance Ord. # /13/1986 (AM 85-3) Misc amendments Ord. #1749 7/7/1988 (AM 87-2, 3, & 4; AM 88-2) Public contractors yard Ord. #1819 ` 5/11/1989 (AM 88-2) Guest Houses Ord. #1820 5/11/1989 (AM 89-1) Misc. amendments Ord. # /7/1989 (AM 89-2) Mobile homes Ord. # /7/1990 (AM 90-1) Misc Ord. # /20/1990 (AM 90-2) Parking, kennels, setbacks, Ord. #2128 1/14/1993 (AM 92-1A & 92-1B) open space, planned developments Misc amendments Ord. #2172 8/12/1993 (AM & 93-01) Satellite dish antennas Ord. # /25/1993 (AM 93-02) RV parks, zoning clearances Ord. #2224 3/17/1994 (AM 93-03) Signs Ord. # /01/1994 (AM 94-01) Parking Ord. # /19/1995 (AM 95-01) Recreation, Early Activation Ord. # /15/1996 (AM 95-02) Roads in RR & RL Ord. # /12/1997 (AM 97-01) Timber SC Ord. # /24/2000 (AM 99-03) Farmers Markets Ord. # /27/2000 (AM 99-04) A and SC Ord. # /31/2000 (AM 99-01) Kennels in APZ Ord. # /19/2000 (AM 00-01) Repealing Timber SC Ord. # /13/2001 (AM 00-02) Non-Contiguous Parking Ord. # /21/2001 (AM 01-02) Wireless communications Ord. # /25/2002 (AM 02-01) Granny units, design standards for garages, inoperable vehicles, temporary dwellings, Ord. # /27/2003 (AM 02-02) hardship guest houses 1

3 Community Identification, Directional Signs & Ord. # /25/2003 (AM 03-01) Reasonable Accommodation Geothermal Setback Ord. # /02/2004 (AM 03-02) Retreats in TPZ Ord. # /06/2005 (AM 04-01) And RL Off-road vehicle courses Ord. # /03/2005 (AM 04-02) Home Occupation 27.3(j) Ord. #**** **/**/**** BOS Initiated Conversion, Closure or Cessation of use of Ord. # /20/2007 (AM 07-01) Mobile Home Parks Placement of Communication Towers Ord. # /10/2008 (AM 07-03) & Antennae Granny Units, Bed & Breakfast Inns, Billboard Signs, Off-site Business Ord. # /26/2009 (AM 08-01) District Signs & Sign Maintenance Wineries, Wine Tasting Facilities, Definition of Ord. # /02/2011 (AM11-01) Wine Related Special Events, Agricultural Service Establishments, Green Waste Composting Facilities, Farmers Markets, Multi-Family Residential Density, and Revocation of Zoning Clearances and Zoning Permits. Cargo Containers and Ord. # /24/2011 (AM11-05) Reestablishment of Legal Non-conforming Commercial Uses. 2

4 Limitation of Outdoor Ord. # /21/2013 (AM12-01) Medical Marijuana Cultivation within Mobilehome Parks, the Prohibition of Cultivation within Multi-Family Dwelling Properties, and Limits On Medical Marijuana Processing. Regulations for the Ord. # /11/2014 (AM13-01) Cultivation of Medical Marijuana 3

5 ARTICLE 1 SEC TABLE OF CONTENTS Article Title Page Art. 1 Table of Contents 1-1 Art. 2 General Provisions 2-1 Art. 3 Establishment of Districts 3-1 Art. 4 Agricultural Preserve District (APZ) 4-1 Art. 5 Agricultural District (A) 5-1 Art. 6 Timberland Preserve District (TPZ) 6-1 Art. 7 Rural Lands District (RL) 7-1 Art. 8 Rural Residential District (RR) 8-1 Art. 9 Suburban Reserve District (SR) 9-1 Art. 10 Single-Family Residential District (R1) 10-1 Art. 11 Two-Family Residential District (R2) 11-1 Art. 12 Multi-Family Residential District (R3) 12-1 Art. 13 Planned Development Residential District (PDR) 13-1 Art. 14 RESERVED 14-1 Art. 15 Planned Development Commercial District (PDC) 15-1 Art. 16 Highway Commercial District (CH) 16-1 Art. 17 Resort Commercial District (CR) 17-1 Art. 18 Local Commercial District (C1) 18-1 Art. 19 Community Commercial District (C2) 19-1 Art. 20 Service Commercial District (C3) 20-1 Art. 21 Commercial/Manufacturing District (M1) 21-1 Art. 22 Heavy Industrial District (M2)

6 Art. 23 Industrial Park District (MP) 23-1 Art. 24 Open Space District (O) 24-1 Art. 25 Substandard Older Subdivision Combining District (SOS) 25-1 Art. 26 Unclassified District (U) 26-1 Art. 27 Uses Generally Permitted 27-1 Art. 28 Agricultural Industry Combining District (AI) 28-1 Art. 29 Wetlands Combining District (W) 29-1 Art. 30 Special Lot Size/Density Combining District (B) 30-1 Art. 31 Special Floor Area Combining Districts (F) 31-1 Art. 32 Mobilehome Combining District (MH) 32-1 Art. 33 Residential Design Combining District (RD) 33-1 Art. 34 Scenic Combining District (SC) 34-1 Art. 35 Floodway Combining District (FW) 35-1 Art. 36 Floodway Fringe Combining District (FF) 36-1 Art. 37 Waterway Combining District (WW) 37-1 Art. 38 Historic Preservation Combining District (HP) 38-1 Art. 39 Airport Approach Combining District (AA) 39-1 Art. 40 Parking Combining District (P) 40-1 Art. 41 General Performance Standards 41-1 Art. 42 Development Standards Exceptions 42-1 Art. 43 Regulations for the Establishment of Mobilehome Parks, Recreational Vehicle Parks, and Campgrounds and Conversion, Closure or Cessation of Use of Mobile Home Parks 43-1 Art. 44 Residential Condominium Conversion 44-1 Art. 45 Signs and Billboards 45-1 Art. 46 Parking

7 Art. 47 Ordinance Text Amendments and Rezoning Amendments 47-1 Art. 48 Zoning Clearance Permit 48-1 Art. 49 Zoning Permit 49-1 Art. 50 Minor Use Permit 50-1 Art. 51 Major Use Permit 51-1 Art. 52 Variances 52-1 Art. 53 Design Review Combining District (DR) 53-1 Art. 54 Design Review Permit 54-1 Art. 55 Applications 55-1 Art. 56 Development Review Permit 56-1 Art. 57 Notice of Public Hearings 57-1 Art. 58 Appeals 58-1 Art. 59 Non-conforming Uses, Buildings and Structures 59-1 Art. 60 Expiration, Revocation or Modification of Permits, 60-1 and Reapplication Art. 61 Interpretation, Enforcement and Penalties 61-1 Art. 62 Severability and Reference 62-1 Art. 63 Liability 63-1 Art. 64 Environmental Protection 64-1 Art. 65 Surface Domestic Water Source Mitigation 65-1 and Reimbursement Art. 66 Utilities and Public Road Facilities 66-1 Art. 67 Statute of Limitations 67-1 Art. 68 Definitions 68-1 Art. 69 Development Agreements 69-1 Art. 70 Reasonable Accommodation

8 Art. 71 Regulations for the Placement of Communications 71-1 Towers and Antennae Art. 72 Regulations for the Cultivation of Medical Marijuana

9 SEC GENERAL PROVISIONS. ARTICLE Adoption of the Zoning Ordinance: Pursuant to the authority of Section et seq. of the Government Code, there is hereby adopted a Zoning Ordinance for Lake County, California, said Zoning Ordinance being a districting plan as provided by law. 2.2 Title of the Zoning Ordinance: This Ordinance shall be known and cited as the Zoning Ordinance; or the Lake County Zoning Ordinance. 2.3 Purpose and effect of the Zoning Ordinance: Said Ordinance, serves to implement the adopted Lake County General Plan within the applicable unincorporated area of Lake County. This Ordinance is adopted to promote and protect the public health, safety, peace, morals, comfort, convenience, and general welfare. More specifically this Ordinance is to: 1. Provide a guide for orderly growth and development of the County. 2. Encourage the most appropriate uses of land. 3. Maintain and protect the value of property. 4. Conserve and protect the natural resources of the County. 5. Prevent overcrowding of land and avoid undue concentration of population. 6. Protect the character and stability (social and economic) of agricultural, residential, commercial and industrial areas. 7. Create a comprehensive and stable pattern of land uses upon which to plan transportation, water supply, sewerage and other facilities and public utilities, and ensure that these facilities are reasonably adequate to safely accommodate the specific proposed uses. (Ord. No. 2128, 1/14/1993) The purpose of this Ordinance is also to minimize adverse effects of land uses and to promote healthful and safe community living and it is not intended as an overly broad regulation of private property. In meeting this purpose, it is the intent of the County to protect the constitutionally guaranteed property rights of the citizens of the County and to exercise its police power in a manner that will not constitute an unlawful regulatory taking. (Ord. 1749, 7/7/1988) 2-1

10 This Ordinance establishes various zoning districts in the County; establishes yards, heights, parking standards and open spaces within said districts; specifies the uses of land and of buildings permitted in said districts; prescribes regulations for the erection, construction, alteration, and maintenance of buildings, structures, uses, signs and other improvements in said districts; including the requirement that permits be secured for certain of such buildings, structures, uses and improvements, and for the use of land; defining the terms used herein; specifying the procedure for any amendment hereof; prescribing penalties for the violation of any of the provisions hereof. 2.4 Applicability and exemptions: Applicability: 1. The provisions of this Chapter shall apply to all development undertaken in the unincorporated area of Lake County. (Ord. 1749, 7/7/1988) 2. No building or structure shall be erected, reconstructed or structurally altered in any manner, nor shall any building or land be used for any purpose, other than as permitted by and in conformance with the provisions of this Chapter and all other laws or maps referred to herein. Exemptions: 1. Development by the federal government or an agency of the federal government acting in its governmental capacity. 2. Development by the State of California or an agency of the State acting in its governmental capacity. 3. Development by local agencies exempt from County Zoning Ordinances pursuant to Government Code Section Development undertaken by the County of Lake. (Ord. 1749, 7/7/1988) 5. Development by local agencies for treatment, storage, transmission or disposal of sewage. (Ord. 1749, 7/7/1988) 2.5 Conflicts with other County regulations: If any provision of this Chapter conflicts with any provision of any regulation contained in any previously adopted Ordinance of the County, the provisions of this Chapter shall be controlling. 2.6 Declaration: No building or structure shall be erected, reconstructed or structurally altered in any manner, nor shall any building or land be used for any purpose, other than as 2-2

11 permitted by and in conformance with the provisions of this Chapter and all other laws or maps referred to herein. In carrying out the declaration of Subsection above, the County shall endeavor to apply conditions necessary to mitigate identifiable adverse effects of land uses, while implementing the purposes of this Chapter. (Ord. 1749, 7/7/1988) 2.7 Fees: The County Board of Supervisors may establish a schedule of fees for processing the various applications required by this Chapter. All required fees shall be paid at the time of filing the application with the Planning Department and no processing shall commence until the necessary fees are paid. (Ord. 1749, 7/7/1988) 2-3

12 SEC ARTICLE 3 ESTABLISHMENT OF DISTRICTS. 3.1 Declaration: This Zoning Ordinance establishes various districts within the unincorporated territory of said County within some, all or none of which it shall be lawful, and within some, all or none of which it shall be unlawful to erect, construct, alter, or maintain certain buildings or structures or to carry on certain trades or occupations, or to conduct certain uses of land or buildings; within which the height and bulk of buildings shall be limited; within which certain open spaces shall be required about buildings and consisting further, of additional appropriate regulations to be enforced in such district, as set forth herein. 3.2 Interpretation: In their interpretation and application, provisions of this part shall be held to be minimum requirements, except where they are expressly stated to be maximum requirements. It is not intended to impair, or interfere with any private restrictions placed upon property by covenant or deed; provided, however, that where this part imposes a greater restriction upon the use of buildings, structures, or premises, or upon the heights of buildings or requires larger yards, or coverage or other open spaces than are imposed or required by such private restrictions, the provisions of this part shall control. 3.3 Designation of districts: There are hereby established, and into which the County may be divided, the following base zoning districts and symbols used to represent the districts: Agricultural Districts 1. APZ Agricultural Preserve District 2. A Agricultural District Resource Districts 1. TPZ Timberland Preserve District 2. RL Rural Lands District 3. O Open Space District Residential Districts 1. RR Rural Residential District 2. SR Suburban Reserve District 3. R1 Single-family Residential District 4. R2 Two-family Residential District 5. R3 Multi-family Residential District 3-1

13 6. PDR Planned Development Residential District (d) Commercial Districts 1. CH Highway Commercial District 2. CR Resort Commercial District 3. C1 Local Commercial District 4. C2 Community Commercial District 5. C3 Service Commercial District 6. PDC Planned Development Commercial District (e) Industrial Districts 1. M1 Commercial/Manufacturing District 2. M2 Heavy Industrial District 3. MP Industrial Park District (f) Other Districts 1. U Unclassified District 3.4 Designation of combining districts: In addition to the districts established in Section 3.3, there are hereby established combining districts which may be combined with certain of the districts set forth in Section 3.3 as specified in the District Regulations, Section 3.9 of this Chapter. The said combining districts and symbols used to represent the districts are designated as follows: Combining Districts 1. A1 Agricultural Industry Combining District 2. W Wetlands Combining District 3. B3, B4, B5, B-Frozen, B7 Special Lot Size/Density Combining District 4. F1, F2, F3 Special Floor Area Combining District 3-2

14 5. MH Mobilehome Combining District 6. RD Residential Design Combining District 7. SC Scenic Combining District 8. FW Floodway Combining District 9. FF Floodway Fringe Combining District 10. WW Waterway Combining District 11. HPD or HPS Historic Preservation District or Historic Preservation Site 12. AA Airport Approach Combining District 13. P Parking Combining District 14. SOS Substandard Older Subdivision Combining District 15. DR Design Review Combining District The regulations of the combining district shall apply to the land in the same manner as the base zoning district regulations. Combining district regulations shall apply whenever the symbol and the boundaries of the area are shown on the sectional district maps. When a symbol for a combining district is added to a base zoning district symbol, the regulations of the combining district shall be applicable in addition to the base zoning district regulations. If any of the provisions of the combining district conflict with provisions of the base zoning district regulations, the provisions which are most restrictive shall govern. 3.5 District boundaries: Where uncertainty exists as to the boundaries of any of the aforesaid districts as described as aforesaid or as shown on the sectional district maps, the following rules shall apply: 1. Where such boundaries are indicated as following streets and alleys, the centerlines of such streets and alleys shall be construed to be such boundaries. 2. Where such boundaries are indicated as approximately following lot lines, such lot lines shall be construed to be such boundaries. 3. In unsubdivided property or where a district boundary divides a lot, the location of any such boundary, unless the same is indicated by dimensions 3-3

15 shown upon said sectional district maps, shall be determined by the use of the scale appearing on such sectional district maps. 4. In case further uncertainty exists, the Planning Commission upon written application or upon its own motion, shall determine the exact location of such boundaries. 3.6 Establishment of districts: The aforesaid districts and certain combinations thereof are hereby established insofar as the designations, locations, and boundaries thereof are set forth and indicated in the sectional district maps created pursuant to Section 3.7. Sectional district maps that were officially adopted pursuant to or as an amendment to Ordinance No. 645 or prior to the effective date of Ordinance No. 645 are included within the term sectional district map and all such maps and all subsequently adopted sectional districts maps are and shall be a part of this section. These sectional district maps show the designation, locations, and boundaries of each of said districts and the location and depth of certain building setback lines. 3.7 Sectional district maps: There is hereby established a series of sectional district maps which show detailed zoning districts. Said maps and all locations thereon are hereby made a part of this Chapter by reference thereto, to be of such force and effect as if fully set forth herein. 1. Each map shall constitute a subsection of the Article and Section, and shall be numbered in order of adoption. 3.8 Effect of establishment of districts except as hereinafter otherwise provided: (d) No building or structure shall be erected and no existing building or structure shall be moved, altered, added to or enlarged nor shall any land, building or structure, or premises be used, designed or intended to be used for any purpose or in any manner other than those included among the uses hereinafter listed as permitted in the district in which such building or structure, land, or premises is located. No building or structure shall be erected, reconstructed, or structurally altered to exceed in height the limit hereinafter designated for the district in which such building or structure is located. No building or structure shall be erected, nor shall any existing building or structure be altered, enlarged, or rebuilt except in conformity to the lot area, yard, coverage, and building or structure location regulations hereinafter set forth for the district in which such building or structure is located. No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered as providing a 3-4

16 yard or open space for any other building, and no yard or other open space on one lot shall be considered as providing a yard or open space for a building on any other lot. (e) (f) (g) No parking area or garage space provided on a lot for the purposes of complying with provisions of this Chapter shall be reduced in area or capacity or be considered as providing parking area or garage space, or yard, court, or other open space required for any building or use on any other lot except as hereinafter provided. No lot or other premises shall be divided, subdivided or otherwise reduced to result in an area less than the minimum lot size specified by this Chapter for the district in which such lot is situated, except as otherwise permitted by this Code. Any division of property made in violation of this provision or in violation of the provisions of Lake County Code, Chapter 17 or the Subdivision Map Act shall not be recognized for the purposes of determining lots or parcels in the application of this Article. (Ord. 1749, 7/7/1988) All the unincorporated area of the County of Lake, not designated on any sectional district map as being in any other district, is designated as being in the U or Unclassified district. 3.9 District regulations: The following uses only will be allowed, and the following regulations shall apply within the districts hereinafter established. 3-5

17 SEC ARTICLE 4 REGULATIONS FOR THE AGRICULTURAL PRESERVE ZONE OR APZ DISTRICT. 4.1 Purpose: To provide zoning for lands in agriculture preserve and for the conservation and protection of land capable of producing agricultural products. The uses specified in this section have been determined to be compatible uses consistent with the California Land Conservation Act of Further parcelization of lands under contract shall be discouraged. The following regulations shall apply in all APZ districts. 4.2 Performance standards: All uses permitted within this district shall be subject to the performance standards set forth in Article Uses permitted: (d) (e) (f) (g) (h) Agricultural uses, including crop and tree farming, livestock grazing, animal husbandry, apiaries, aviaries, except the uses indicated in Sections 4.4 and 4.5. (Ord. 1749, 7/7/1988) One (1) single-family dwelling or mobilehome subject to Section 4.18 which shall be constructed according to the residential construction standards of Section One produce stand for the display and sale of agricultural products subject to the requirements of Section 27.3(l). Agricultural processing such as fruit dehydrators and packing sheds not exceeding a use area of five thousand (5,000) square feet. Greenhouses, hothouses and incidental structures not exceeding a use area of ten thousand (10,000) square feet. Agricultural and residential accessory uses and accessory structures. Agricultural family dwellings and farm labor quarters as accessory uses to the agricultural use of the property subject to Section 4.18 and subject to the requirements of Section 27.3, or Section 27.3(g), respectively. Prospecting, claiming, and preliminary geophysical investigations for natural resources including oil, gas, geothermal, or other mineral resources. (i) Game preserves. (Ord. No. 1897, 12/7/1989) (j) Those uses permitted in the APZ district with a zoning permit in Table A, Article

18 4.4 Uses permitted subject to first obtaining a Minor Use Permit in each case: Uses permitted in Section 4.3 when not in compliance with the performance standards set forth in Article 41. Small wineries with an annual production capacity of fifteen thousand (15,000) cases or less, including an incidental retail sales area of up to seven hundred and fifty (750) square feet for wine produced and/or bottled on the premises; Wine tasting facilities with up to seven hundred and fifty (750) square feet of retail sales area on sites with a minimum of ten (10) acres of planted vineyards. In each case, only winery and wine-related promotional events may be permitted as defined in Section 68.4(s)17. (Ord. No. 2947, 5/3/2011) (d) (e) (f) (g) (h) Greenhouses, hothouses and incidental structures with a use area exceeding ten thousand (10,000) square feet. Wholesale nurseries. Commercial aquaculture. Private fishing and hunting clubs on parcels of at least forty (40) acres or more in size. (Ord. No. 1897, 12/7/1989) Display and sale of agricultural products, limited to one stand exceeding six hundred (600) square feet in size per parcel. (Ord. 1749, 7/7/1988) Uses which are minor additions or alterations to existing uses or structures permitted by Section 4.5, limited to an increase of twenty (20) percent of the use area or gross floor area of the structure(s). (i) Large and commercial kennels. (Ord. 2541, 10/19/2000) 4.5 Uses permitted subject to first obtaining a Major Use Permit in each case: (d) Uses permitted in Sections 4.3 and 4.4 when not in compliance with the performance standards set forth in Article 41. Cattle and hog feed yards; and commercial dairies. Large wineries with an annual production capacity exceeding fifteen thousand (15,000) cases including incidental retail sales of wine produced or bottled on the premises, and which may only include winery and wine-related promotional events as defined in Section 68.4(s)17. (Ord. No. 2947, 5/3/2011) Farm labor camps. (e) Those uses permitted in the APZ district with a major use permit in Table B, Article

19 SEC DEVELOPMENT STANDARDS Minimum lot size: Forty (40) acres Minimum average lot width: Five hundred (500) feet Maximum length to width ratio: Five (5) to one (1) Minimum yards: (d) Front yard: Thirty (30) feet from lot line, or fifty-five (55) feet from centerline of roadway, whichever is greater. Yards abutting streets are front yards. Rear yard: Twenty-five (25) feet from lot line. Side yard: Fifteen (15) feet from lot line. Accessory uses: The above yards shall apply Maximum height: Principal structure: Thirty-five (35) feet. Accessory structure: Twenty (20) feet. (Ord. 1749, 7/7/1988) Agricultural accessory structures: Fifty (50) feet Parking: The following minimum parking requirements shall apply except as provided in Article 46. Residential use: two (2) spaces. Other uses: As provided for in Article 46. (Ord. No. 2128, 1/14/1993; Ord. No. 2305, 10/19/1995) 4.17 Signs: As provided in Article Notice of farming practices: Where a building designed for residential occupancy is to be located on property within this district, prior to issuance of a zoning clearance, the owner(s) of the property shall be required to sign a statement of acknowledgement of the following statement on a form approved by the Planning Department: The property on which the proposed structure is to be built is adjacent to or within land utilized for agricultural purposes and residents of this property may be subject to inconvenience or discomfort arising from the use of agricultural chemicals, including, but not limited to, herbicides, insecticides, fungicides, rodenticides and fertilizers; and from the pursuit of agricultural operations including, but not limited to, cultivation, plowing, spraying, pruning, harvesting and crop protection from depredation which occasionally generate dust, noise, smoke, odor, flies and other insects. Lake County has established 4-3

20 agricultural lands included therein, and residents of adjacent property or within the zoned areas may be inconvenienced from normal, necessary farm operations. (Ord. 1749, 7/7/1988) 4.19 Minimum residential construction standards: All single-family dwellings except Temporary Dwellings and Farm Labor Quarters shall meet the minimum residential construction standards of the R1 district, Section DEVELOPMENT STANDARDS EXCEPTIONS: FOR EXCEPTIONS TO THE DEVELOPMENT STANDARDS OF THIS ARTICLE, SEE ARTICLE 42. (Ord. 1749, 7/7/1988) 4-4

21 ARTICLE 5 SEC REGULATIONS FOR THE AGRICULTURE OR A DISTRICT. 5.1 Purpose: To protect the County s agricultural soils, provide areas suitable for agriculture, and prevent development that would preclude their future use in agriculture. The following regulations shall apply in all A districts. 5.2 Performance standards: All uses permitted within this district shall be subject to the performance standards set forth in Article Uses permitted: (d) (e) (f) (g) (h) Agricultural uses, including crop and tree farming, livestock grazing, animal husbandry, apiaries, aviaries, except the uses indicated in Sections 5.4 and 5.5. One (1) single-family dwelling or mobilehome subject to Section 5.18, which shall be constructed according to the residential construction standards of Section One (1) produce stand for the display and sale of agricultural products subject to the requirements of Section 27.3 (1). Agricultural processing such as fruit dehydrators and packing sheds not exceeding a use area of five thousand (5,000) square feet. Greenhouses, hothouses and incidental structures not exceeding a use area of ten thousand (10,000) square feet. Agricultural and residential accessory uses and accessory structures; small kennels. (Ord. No. 2128, 1/14/1993) Agricultural family dwellings and farm labor quarters as accessory uses to the agricultural use of the parcel subject to Section 5.18, and subject to the requirements of Section 27.3, or Section 27.3 (g), respectively. Prospecting, claiming, and preliminary geophysical investigations for natural resources including oil, gas, geothermal, or other mineral resources. (i) Game preserves. (Ord. No. 1897, 12/7/1989) (j) Those uses permitted in the A district with a zoning permit in Table A, Article

22 5.4 Uses permitted subject to first obtaining a Minor Use Permit in each case: Uses permitted in Section 5.3 when not in compliance with the performance standards set forth in Article 41. Commercial dairies. Small wineries with an annual production capacity of fifteen thousand (15,000) cases or less, including an incidental retail sales area of up to seven hundred and fifty (750) square feet for wine produced and/or bottled on the premises; Wine tasting facilities with up to seven hundred and fifty (750) square feet of retail sales area on sites with a minimum of ten (10) acres of planted vineyards, with or without a small winery. Small wineries and tasting facilities may include winery and wine-related promotional events as defined in Section 68.4(s)17, and nonpromotional events as defined in Section 68.4(s)16. Non-promotional events shall be subject to Departmental review after one year of operation. (Ord. No. 2947, 5/3/2011) (d) (e) (f) (g) (h) Agricultural processing such as fruit dehydrators, packing plants, canneries, polishing and packaging plants with a use area between five thousand (5,000) and fifteen thousand (15,000) square feet, including an incidental retail sales area of up to five hundred (500) square feet for products processed on the premises. (Ord. No. 2536, 8/31/2000) Greenhouses, hothouses and incidental structures with a use area exceeding ten thousand (10,000) square feet. Large and commercial kennels; commercial stables or riding academies. (Ord. No. 2128, 1/14/1993) Wholesale nurseries with incidental retail sales. Commercial aquaculture. (i) Large animal veterinary clinics (Ord. 1749, 7/7/1988; Ord. No. 2536, 8/31/2000) (j) Private fishing and hunting clubs on parcel(s) containing not less than forty (40) acres; and commercial fishing and hunting clubs on parcel(s) containing not less than one hundred (100) acres. (Ord. No. 1897, 12/7/1989) (k) (l) (m) Display and sale of agricultural products, limited to one stand exceeding six hundred (600) square feet in size per parcel. (Ord. 1749, 7/7/1988) Commercial wood yards. Uses which are minor additions or alterations to existing uses or structures permitted by Section 5.5, limited to an increase of twenty (20) percent of the use area or gross floor area of the structure(s). 5-2

23 (n) Those uses permitted in the A district with a minor use permit in Table B, Article 27. (o) Home occupations. (Ord. No. 2536, 8/31/2000) (p) Agricultural service establishments primarily engaged in performing animal husbandry or horticultural services, including, but not limited to, blacksmiths, farriers, small equipment repair, irrigation services, custom meat cutting, and other ag-dependant uses which are of a similar character and not materially different to those uses listed above, with a total use area not exceeding five thousand (5,000) square feet, including an incidental retail sales area not exceeding five hundred (500) square feet. (Ord. No. 2947, 5/3/2011) 5.5 Uses permitted subject to first obtaining a Major Use Permit in each case: (d) (e) Uses permitted in Sections 5.3 and 5.4 when not in compliance with the performance standards set forth in Article 41. Cattle and hog feed yards, veal calf feeders, and animal sales yards. Large wineries with an annual production capacity exceeding fifteen thousand (15,000) cases including incidental retail sales of wine produced or bottled on the premises, which may include winery and wine-related promotional events as defined in Section 68.4(s)17, non-promotional events as defined in Section 68.4(s)16, and amplified outdoor public events as defined in Section 68.4(s)15. Non-promotional events and amplified outdoor public events shall be subject to Departmental review after one year of operation. (Ord. No. 2947, 5/3/2011) Agricultural processing such as fruit dehydrators, packing plants, canneries, polishing and packaging plants exceeding a use area of fifteen thousand (15,000) square feet. Farm labor camps housing seasonal workers on a temporary basis. (Ord. No. 2536, 8/31/2000) (f) Those uses permitted in the A district with a major use permit in Table B, Article 27. (g) Small wineries and wine tasting facilities as defined in Section 5.4 that include amplified outdoor public events as defined in Section 68.4(s)15. Amplified outdoor public events shall be subject to Departmental review after one year of operation. (Ord. No. 2947, 5/3/2011) 5-3

24 SEC DEVELOPMENT STANDARDS Minimum lot size: Forty (40) acres Minimum average lot width: Five hundred (500) feet Maximum length to width ratio: Five (5) to one (1) Minimum yards: (d) Front yard: Thirty (30) feet from lot line, or fifty-five (55) feet from centerline of roadway, whichever is greater. Yards abutting streets are front yards. Rear yard: Twenty-five (25) feet from lot line. Side yard: Fifteen (15) feet from lot line. Accessory uses: The above yards shall apply Maximum height: Principal structure: Thirty-five (35) feet. Accessory structure: Twenty (20) feet. (Ord. 1749, 7/7/1988) Agricultural accessory structures: Fifty (50) feet Parking: The following minimum parking requirements shall apply except as provided in Article 46. Residential use: two (2) spaces. Other uses: As provided for in Article 46. (Ord. No. 2128, 1/14/1993; Ord. No. 2305, 10/19/1995)) 5.17 Signs: As provided in Article Notice of farming practices: Execution of a notice of farming practices shall be required as set forth in Section 4.18 for all single-family dwellings and farm labor quarters Minimum residential construction standards: All single-family dwellings except Temporary Dwellings and Farm Labor Quarters shall meet the minimum residential construction standards of the R1 district, Section DEVELOPMENT STANDARDS EXCEPTIONS: FOR EXCEPTIONS TO THE DEVELOPMENT STANDARDS OF THIS ARTICLE, SEE ARTICLE 42. (Ord. 1749, 7/7/1988) 5-4

25 ARTICLE 6 SEC REGULATIONS FOR THE TIMBERLAND PRESERVE ZONE OR TPZ DISTRICT. 6.1 Purpose: To provide for timberland preserve zoning and the conservation and protection of land capable of producing timber and forest products. The uses specified in this Section have been determined to be compatible uses consistent with the Timberland Productivity Act of The following regulations shall apply in all TPZ districts. 6.2 Applicability: Parcels proposed for Timberland Preserve Zone shall comply with the following criteria: The land area concerned shall be in the ownership of one person, as defined in Section of the Revenue and Taxation Code and shall be comprised of single or contiguous parcels totaling eighty (80) acres, or forty (40) acres for Class I or II timberland soils. The land shall be a site quality Class V or higher under Section 434 of the Revenue and Taxation Code. 6.3 Application requirements: (d) Applicants shall submit to the Planning Department a legible map drawn to scale defining the parcel(s) to be included. Said map shall be accompanied by an accurate legal description of the subject parcel(s). Applicants shall submit to the Planning Department a plan for forest management either prepared by or approved as to content 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. The parcel(s) shall currently meet the timber stocking standards as set forth in Section 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(s) is located, or the owner must sign an agreement with the Board of Supervisors to meet these stocking standards and forest practice rules by the fifth anniversary of the signing of the agreement. If the parcel is subsequently zoned as TPZ, failure to meet the stocking standards and forest practice rules within this time period provides the Board with grounds for rezoning of the parcel pursuant to Government Code Section (Ord. 1749, 7/7/1988) The parcel(s) shall be timberland, as defined in Subdivision (f) of Government Code Section Performance standards: All uses permitted within this district shall be subject to the performance standards set forth in Article

26 6.5 Uses permitted: (d) (e) (f) Management of lands and forests for the primary use of commercial production and harvest of trees. Removal of timber, including uses integrally related to growing, harvesting and on-site processing of forest products including, but not limited to, roads, log landings, log storage areas; and incidental logging camps during harvest. One (1) single-family dwelling or mobilehome which shall be constructed according to the residential construction standards of Section Agricultural and residential accessory uses and accessory structures; small kennels. (Ord. No. 2128, 1/14/1993) Crop and livestock farming, apiaries, aviaries, except those uses indicated in Sections 6.6 and 6.7. Prospecting, claiming, and preliminary geophysical investigations for natural resources including oil, gas, geothermal, or other mineral resources. (g) Game preserves. (Ord. No. 1897, 12/7/1989) (h) (i) Management for watershed. Management for fish and wildlife habitat. (j) Those uses permitted in the TPZ district with a zoning permit in Table A, Article Uses permitted subject to first obtaining a Minor Use Permit: Uses permitted in Section 6.5 when not in compliance with the performance standards set forth in Article 41. Equipment storage yards incidental to the growing and harvesting of forest products, including parking, repairing and storage of equipment so used. Private fishing and hunting clubs on parcel(s) containing not less than forty (40) acres; and commercial fishing and hunting clubs on parcel(s) containing not less than one hundred (100) acres. (Ord. No. 1897, 12/7/1989) (d) (e) (f) Commercial wood yards. Commercial dairies. Large and commercial kennels; commercial stables or riding academies. (Ord. No. 2128, 1/14/1993) 6-2

27 (g) Uses which are minor additions or alterations to existing uses or structures permitted by Section 6.5, limited to an increase of twenty (20) percent of the use area or gross floor area of the structure(s). (h) Those uses permitted in the TPZ district with a minor use permit in Table B, Article Uses permitted subject to first obtaining a Major Use Permit: (d) Uses permitted in Sections 6.5 and 6.6 when not in compliance with the performance standards set forth in Article 41. Saw mills, planer mills, pulp mills, particle board plants, and log ponds, with associated uses. Retreats, public and private campgrounds, and recreational vehicle parks. (Ord. No. 2706, 01/06/2005) Cattle and hog feed yards, veal calf feeders, and animal sales yards. (e) Those uses permitted in the TPZ district with a major use permit in Table B, Article 27. SEC DEVELOPMENT STANDARDS Minimum lot size: All parcels except as noted below: One hundred sixty (160) acres. For parcels with Class I or II timberland soils and a joint timber management plan as required in Government Code Section : Forty (40) acres. For parcels with less than forty (40) acres of Class I or II timberland soils and a joint timber management plan as required in Government Code Section : Eighty (80) acres Minimum yards: (d) Front yard: Thirty (30) feet from lot line, or fifty-five (55) feet from centerline of roadway, whichever is greater. Yards abutting streets are front yards. Rear yard: Twenty-five (25) feet from lot line. Side yard: Fifteen (15) feet from lot line. Accessory uses: The above yards shall apply. 6-3

28 6.13 Maximum height: Principal structure: Thirty-five (35) feet. Accessory structure: Twenty (20) feet. (Ord. 1749, 7/7/1988) Agricultural accessory structures: Forty-five (45) feet. (Ord. 1749, 7/7/1988) 6.14 Parking: The following minimum parking requirements shall apply except as provided in Article 46. Residential use: two (2) spaces. Other uses: As provided for in Article 46. (Ord. No. 2128, 1/14/1993; Ord. No. 2305, 10/19/1995) 6.15 Signs: As provided in Article Notice of farming practices: Shall be required as set forth in Section 4.18 for all single-family dwellings and farm labor quarters. (Ord. 1749, 7/7/1988) 6.17 Minimum residential construction standards: All single-family dwellings except Temporary Dwellings and Farm Labor Quarters shall meet the minimum residential construction standards of the R1 district, Section DEVELOPMENT STANDARDS EXCEPTIONS: FOR EXCEPTIONS TO THE DEVELOPMENT STANDARDS OF THIS ARTICLE, SEE ARTICLE 42. (Ord. 1749, 7/7/1988) SEC NONCONFORMING USES Nonconforming uses: Changes or additions to any nonconforming uses shall be limited to ordinary maintenance and repair, except that no change or addition which enlarges or tends to make more permanent any nonconforming use shall be permitted. If any nonconforming use ceases for a period of one year or more, use subsequent to the cessation shall comply with this Article. 6-4

29 SEC ARTICLE 7 REGULATIONS FOR THE RURAL LANDS OR RL DISTRICT. 7.1 Purpose: To provide for resource related and residential uses of the County s undeveloped lands that are remote and often characterized by steep topography, fire hazards, and limited access. The following regulations shall apply in all RL districts. 7.2 Performance standards: All uses permitted within this district shall be subject to the performance standards set forth in Article Uses permitted: (d) (e) (f) (g) (h) Prospecting, claiming, and preliminary geophysical investigations for natural resources including oil, gas, geothermal, or other mineral resources. Agricultural uses, including crop and tree farming, livestock grazing, animal husbandry, apiaries, aviaries, except those uses indicated in Sections 7.4 and 7.5. One (1) single-family dwelling or mobile home which shall be constructed according to the residential construction standards of Section One (1) granny unit or one (1) residential second unit which shall be subject to the requirements of Section 27.3 (h), or Section 27.3 (m), respectively. Commercial worm farming. One (1) produce stand for the display and sale of agricultural products subject to the requirements of Section 27.3 (1). Agricultural processing such as fruit dehydrators and packing sheds not exceeding a use area of two thousand (2,000) square feet. Greenhouses, hothouses and incidental structures not exceeding a use area of ten thousand (10,000) square feet. (i) Game preserves. (Ord. No. 1897, 12/7/1989) (j) (k) (l) (m) Farm labor quarters and one (1) guest house subject to the requirements of Section 27.3 (g), or Section 27.3 (i), respectively. Home occupations subject to the requirements of Section 27.3 (j). Agricultural and residential accessory uses and accessory structures; small kennels. (Ord. No. 2128, 1/14/1993) Those uses permitted in the RL district with a zoning permit in Table A, Article

30 7.4 Uses permitted subject to first obtaining a Minor Use Permit in each case: Uses permitted in Section 7.3 when not in compliance with the performance standards set forth in Article 41. Commercial dairies, large and small animal veterinary clinics. (Ord. No. 2947, 5/3/2011) Private fishing and hunting clubs on parcel(s) containing not less than forty (40) acres; and commercial fishing and hunting clubs on parcel(s) containing not less than one hundred (100) acres. (Ord. No. 1897, 12/7/1989) (d) Small wineries with an annual production capacity of fifteen thousand (15,000) cases or less, including an incidental retail sales area of up to seven hundred and fifty (750) square feet for wine produced and/or bottled on the premises; Wine tasting facilities with up to seven hundred and fifty (750) square feet of retail sales area on sites with a minimum of ten (10) acres of planted vineyards, with or without a small winery. Small wineries and tasting facilities may include winery and wine-related promotional events as defined in Section 68.4(s)17, nonpromotional events as defined in Section 68.4(s)16. Non-promotional events shall be subject to Departmental review after one year of operation. (Ord. No. 2947, 5/3/2011) (e) (f) Agricultural processing such as fruit dehydrators, packing plants, canneries, polishing and packaging plants with a use area between two thousand (2,000) and ten thousand (10,000) square feet. Greenhouses, hothouses and incidental structures with a use area exceeding ten thousand (10,000) square feet. (g) Wholesale nurseries with incidental retail sales; retail nurseries. (Ord. No. 2172, 8/12/1993) (h) (i) (j) (k) (l) Commercial aquaculture. Large and commercial kennels; commercial stables or riding academies. (Ord. No. 2128, 1/14/1993) Display and sale of agricultural products, limited to one stand, exceeding six hundred (600) square feet in size per parcel. (Ord. 1749, 7/7/1988) Commercial wood yards. Agricultural service establishments primarily engaged in performing animal husbandry or horticultural services, including, but not limited to, blacksmiths, farriers, small equipment repair, irrigation services, custom meat cutting, and other ag-dependant uses which are of a similar character and not materially different to those uses listed above, with a total use area not exceeding five thousand (5,000) 7-2

31 square feet, including an incidental retail sales area not exceeding five hundred (500) square feet. (Ord. No. 2947, 5/3/2011) (m) Uses which are minor additions or alterations to existing uses or structures permitted by Section 7.5, limited to an increase of twenty (20) percent of the use area or gross floor area of the structure(s). (n) Those uses permitted in the RL district with a minor use permit in Table B, Article Uses permitted subject to first obtaining a Major Use Permit in each case: (d) Uses permitted in Sections 7.3 and 7.4 when not in compliance with the performance standards set forth in Article 41. Cattle and hog feed yards, veal calf feeders, and animal sales yards. Large wineries with an annual production capacity exceeding fifteen thousand (15,000) cases including incidental retail sales of wine produced or bottled on the premises, which may include winery and wine-related promotional events as defined in Section 68.4(s)17, non-promotional events as defined in Section 68.4(s)16, and amplified outdoor public events as defined in Section 68.4(s)15. Non-promotional events and amplified outdoor public events shall be subject to Departmental review after one year of operation. (Ord. No. 2947, 5/3/2011) Agricultural processing such as fruit dehydrators, packing plants, canneries, polishing and packaging plants exceeding a use area of ten thousand (10,000) square feet. (e) Private and public campgrounds, resorts or retreats. (Ord. No. 2706, 01/06/2005) (f) (g) Farm labor camps. Small wineries and wine tasting facilities as defined in Section 7.4(d) that include amplified outdoor public events as defined in Section 68.4(s)15. Amplified outdoor public events shall be subject to Departmental review after one year of operation. (Ord. No. 2947, 5/3/2011) (h) Those uses permitted in the RL district with a major use permit in Table B, Article 27. (i) Off-road vehicle course when developed on property consisting of at least 100 acres. Off-road vehicle courses shall not be located in mapped serpentine soils areas, and shall not be developed in areas containing more than 10 residences within 1,200 feet, as measured from the project area boundary. (Ord. No. 2716, 02/03/2005) (j) Green waste composting facilities on parcels not less than 10 acres. (Ord. No. 2947, 5/3/2011) 7-3

32 SEC DEVELOPMENT STANDARDS Maximum permitted density: The number of lots which can be created from a parcel in this district shall be determined through Table 20. Unless modified by any B district, maximum permitted density is the sum of all values derived from Categories 1 through 4, but in no case shall the density exceed one (1) unit per twenty (20) acres. The maximum permitted density may be calculated based on the entire parcel or each proposed lot as long as all parcels conform to the density of Table 20. (Ord. 1749, 7/7/1988; Ord. No. 2402, 7/12/1997) Table 20. Land Capacity/Capability Category 1 AVERAGE CROSS SLOPE (%) BASE DENSITY Category 2 FUEL LOADING Category 3 LANDSLIDE RISK (Note: All numbers on the chart are in acres) Category 4 DISTANCE Category 1: The average cross slope of the parcel shall be determined by plotting the parcel on the appropriate U.S.G.S. quad sheet or other topographical map with a reliable scale prepared by a registered civil engineer or surveyor. The combined length of the contour lines, in scale feet, will be measured within the plotted area. The average cross slope is calculated utilizing the following formula: S =.0023(I)(L) A where: S = Average cross slope in percent.0023 = Converts square feet to acres I = Contour interval in feet L = The combined length of the contour lines in linear feet A = The gross area in acres of the parcel The result of the above formula will be rounded down to the nearest whole percentage point. Category 2: The fuel loading for the parcel shall be determined using the Lake County General Plan Wildfire Hazard Map on file at the Lake County Planning Department or any updated map indicating fuel load and/or fire hazard as approved by the Planning Commission. The maximum density shall be adjusted according to the parcel s average cross slope and the corresponding line of Category 2 if the map indicates either a high or extreme rating for more than fifty (50) percent of the 7-4

33 parcel. Alternative data establishing fuel load and wildfire hazard may be prepared by a registered forester. (d) (e) (f) (g) Category 3: The landslide risk for the parcel shall be determined using the Lake County General Plan Landslide Risk Map on file at the Lake County Planning Department, or any updated map indicating geologic hazards and slope stability as approved by the Planning Commission. The maximum density shall be adjusted according to the parcel s average cross slope and corresponding line of Category 3 if the map indicates either an unstable or existing unconsolidated to moderately consolidated landslide debris rating for more than fifty (50) percent of the parcel. Alternative data establishing land stability may be prepared by a registered geologist with professional training in structural geology, or a certified engineering geologist. Category 4: The distance shall be measured in air miles between the edge of the parcel and the location, on the effective date of this Ordinance, of the fire station of the nearest community designated in the 1981 Lake County General Plan s Rural Lands policy and from the Hidden Valley substation of the South Lake Fire Protection District. The maximum density shall be adjusted according to Category 4 if the parcel is over five (5) air miles from a designated community. (Ord. 1749, 7/7/1988; Ord. No. 2402, 7/12/1997) The maximum permitted density shall be determined by adding any assigned values in Categories 1, 2, 3, or 4. To determine the number of lots which can be created, divide the parcel s gross acreage by the calculated maximum permitted density. The maximum permitted density may be calculated based on the entire parcel or each proposed lot as long as all parcels meet the minimum required density. (Ord. No. 2402, 7/12/1997) Alternative data sources may be substituted for data sources identified in Categories 1 through 4 above, subject to approval by the Planning Commission. (Ord. No. 2402, 7/12/1997) The Review Authority may increase the maximum permitted density permitted by Table 20 by up to fifty (50) percent when the Review Authority finds all of the following: (Ord. 1749, 7/7/1988) 1. Surrounding parcel sizes are substantially similar in size to those proposed. 2. All parcels to be created front on or will front on a publicly-maintained road, or all parcels front on or will front on a privately-maintained road where maintenance is insured by a homeowner s association(s) declaration of conditions, covenants and restrictions (CC&R s) or legal, binding road maintenance agreements across the subdivision site and to a countymaintained road. 3. All proposed parcels front on maintained roads without utilizing flag lot design. 7-5