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Anderson City Zoning Code

CHAPTER 17

02 - GENERAL PROVISIONS

17.02.010 - Short title.

This chapter and Chapters 17.02 through 17.62 shall be known and be cited as the zoning ordinance of the city of Anderson.

(Ord. 515 § 1 Exh. A (part), 1987)

17.02.020 - Adoption and purpose.

A comprehensive zoning plan and regulations as set forth in this chapter are hereby adopted for incorporated territory of the city as shown on maps. This chapter classifies and regulates the uses of land, buildings, and structures in the area shown on maps adopted in accordance with a general plan. The regulations contained herein are necessary to assure orderly and beneficial development of the city, to encourage the most appropriate uses of land; to maintain and stabilize the value of property; to conserve and protect the natural resources of the city; to reduce fire hazards and improve public safety; to safeguard the public health, to prevent undue concentration of population; to avoid traffic congestion and its accompanying hazards, and to create a comprehensive and stable pattern of land uses upon which to plan transportation, water supply, sewerage, school, park, and other facilities and public utilities.

(Ord. 515 § 1 Exh. A (part), 1987)

17.02.030 - Conformance required.

No building or structure shall be erected or reconstructed, moved, altered or located, nor shall any building or land be used for any purpose other than as permitted by and in conformance with this chapter and all other ordinances, laws, and maps referred to herein. The provisions of this title, shall apply to the city and also to all cities, counties, districts, state and federal government or any agency of such governmental units where permitted by law.

(Ord. 515 § 1 Exh. A (part), 1987)

17.02.040 - Establishment and designation of districts or zones.

Several classes of general district or zones within the city are hereby established and designated as follows:

Low density residential R-1
Medium density residential R-2
High density residential R-E-1, R-E-2
Mixed use commercial/residential MU-C, MU-R
Agriculture AG
General commercial C-1
Highway commercial C-2
Heavy commercial C-3
Industrial—Light M-1
Industrial—Heavy M-2
Public/Semipublic P-SP
Natural resource N-R
Planned development P-D combining district
Vineyards planned development VPD
Airport—Specific plan A-SP combining district
Animal keeping A combining district
Hillside slopes H-S combining district
Primary and secondary floodway F-1, F-2 combining district
Unclassified U

 

(Ord. 515 § 1 Exh. A (part), 1987)

(Ord. 757, § 1, 2009; Ord. No. 766, § 1, 6-15-2010)

17.02.050 - Zoning map adoption.

The boundaries and areas included within the several districts or zones hereby established shall be, and are hereby created and established as the same are designated and delineated upon that certain map entitled "Revised Zoning Map of the City of Anderson ___________ August _____ 1987," which is on file at the Anderson planning department, including all subsequent amendments thereto, and which such map and all notations and information appearing therein is hereby adopted and made a part of this chapter and Chapters 17.02 through 17.62 by reference.

(Ord. 515 § 1 Exh. A (part), 1987)

17.02.060 - Regulations adopted.

The specific regulations as hereinafter set forth governing the use of land and improvements in each separate district and the general regulations as set forth in the zoning section of the Anderson Municipal Code which are applicable to the separate districts, are hereby adopted and declared to be in effect upon all lands included within the separate districts as the same are delineated on the zoning map.

(Ord. 515 § 1 Exh. A (part), 1987)

17.02.070 - General regulations.

All provisions of this chapter and Chapters 17.02 through 17.62 shall be subject to the following general regulations and exceptions as set out in Sections 17.02.080 through 17.02.150.

(Ord. 515 § 1 Exh. A (part), 1987)

17.02.080 - Rules governing use of zoning map.

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

A.

Where such boundaries are indicated as approximately following property, street or alley lines, such line shall be construed to be such boundaries.

B.

In unsubdivided property, and where a district boundary divides a lot, the location of such boundaries, unless indicated by dimensions, shall be determined by the use of the scale appearing on the zoning map.

C.

A symbol indicating the classification of property on the zoning map shall in each instance apply to the whole of the area within the district boundaries.

D.

Where a public street, alley or parcel of land is officially vacated or abandoned, the regulations applicable to abutting property shall apply to such vacated or abandoned street or alley.

(Ord. 515 § 1 Exh. A (part), 1987)

17.02.090 - Provisions as minimum requirements.

In interpretation and application of the provisions of the zoning chapters, unless otherwise stated, they shall be the minimum requirements for the promotion and protection of the public safety, health, and general welfare.

(Ord. 515 § 1 Exh. A (part), 1987)

17.02.100 - Relationship to other regulations and to private restrictions.

A.

Where conflict may occur between the regulations of this chapter and Chapters 17.02 through 17.62 and any building code or other regulations effective within the city, the more restrictive of any such regulations shall apply.

B.

It is not intended this chapter and Chapters 17.02 through 17.62 shall interfere with or abrogate or annul any easement, covenant or other agreement now in effect; provided, however, that where this chapter and Chapters 17.02 through 17.62 impose greater restrictions than are imposed or required by other ordinances, rules or regulations, or by easements, covenants or agreements, the provisions of this chapter and Chapters 17.02 through 17.62 shall apply.

(Ord. 515 § 1 Exh. A (part), 1987)

17.02.105 - Specific plan consistency required.

In any area for which a specific plan has been adopted, no use permit shall be issued, no variance granted, no rezone approved nor any other approval granted unless such action taken pursuant of this title is consistent with said specific plan.

(Ord. 515 § 1 Exh. A (part), 1987)

17.02.110 - Accessory buildings/appurtenant structures.

Accessory buildings conforming to the building code of the city shall be permitted as follows:

A.

Attached Accessory Buildings. An accessory structure may be attached to the main building; provided, that it shall be made structurally a part of and have a common wall or roof with the main building and it shall comply with all other requirements, including setbacks, for main buildings.

B.

Detached Accessory Buildings. Detached accessory buildings shall be located as follows:

1.

To comply with side and front yard requirements for main buildings;

2.

Five feet from the rear property line, unless the property abuts an alley. If abutting an alley, no rear setback is required;

3.

Ten feet from any property line abutting a public street;

4.

May not be located closer than five feet to the main building, but may be connected to the main building with a breezeway.

C.

Accessory Building—Exceptions. Notwithstanding any provision of subsection B of this section to the contrary:

1.

Detached garages or carports may be located within the front one-half of the lot; provided said structure complies in all respects with the requirements for main buildings.

2.

Detached accessory buildings of one hundred twenty square feet or less of projected roof without any electrical or plumbing fixtures or connections are exempt from the requirement for a building permit.

D.

Appurtenant structures such as satellite discs, gazebos, etc., shall also be in conformance with the building code of Anderson and permitted as follows:

1.

Must comply with side, front and rear yard requirements for the main building;

2.

Structure shall not be of a height more than fifteen feet above the height limit established for the district in which it is located.

(Ord. 515 § 1 Exh. A (part), 1987)

17.02.112 - Use of temporary storage structures.

Temporary storage structures are intended to provide temporary storage of household goods on residential property and business specific goods on professional, commercial, or industrial used and/or zoned lands. Such temporary structures shall not interfere with the normal operation of the established use on the property, and are subject to the following requirements:

A.

Permit Required. Placement of a temporary storage structure of any kind is subject to the following permitting requirements:

1.

Agricultural, Public, Commercial and Industrial Districts. A valid building permit is required for temporary use of such containers on property zoned agricultural, public, commercial or industrial use. An administrative use permit shall be obtained prior to the permanent placement of any temporary storage structure on property zoned agricultural, public, commercial or industrial.

2.

Residential Districts. A valid building permit shall be obtained prior to the placement of any temporary or portable storage container on any residentially zoned property designated R-E, R-1, R-2, or R-3.

B.

Temporary Storage Standards. The following standards shall apply to all temporary storage structures:

1.

Size. Temporary storage structures shall not exceed ten feet in width and ten feet in height, and shall not exceed fifty-three feet in length when located in agricultural, public, commercial and industrial districts. Temporary storage structures shall not exceed ten feet wide by ten feet high by twenty feet in length in residentially zoned areas, except in cases where an administrative use permit has been obtained authorizing a modification to this standard.

2.

Location. Temporary storage structures shall not be located in required drive isles or landscape areas, and shall meet the required front, rear, street side, and side yard setback of the district where they are located, except that a temporary storage container may be placed on a residential driveway where setback a minimum of five feet from the property line, and where such container does not create a safety hazard for pedestrians or vehicles entering or exiting the site. No temporary storage structure shall be located on any property so as to interfere with traffic visibility, and no temporary storage structure may be placed in the public right-of-way without issuance of an encroachment permit by the public works director.

3.

Number. There is allowed a maximum of two temporary storage structures per site on agriculture, public, commercial and industrially zoned properties, and one per site on residentially zoned property, except where an administrative use permit has first been obtained authorizing a greater number.

4.

Term of Use. The use of temporary containers shall be limited to no more than sixty days in a calendar year on a property where a valid building permit has been issued for substantial construction; or an administrative use permit has been granted in the case of property zoned agricultural, public, commercial or industrial authorizing a longer period. Such containers shall be removed within one week of the demolition or building permit expiration, the issuance of a certificate of occupancy, or the issuance of a certificate of completion on the property. In the event the owner of the property suffers a catastrophic loss due to fire, flood, or other physical calamity, the owner shall obtain a demolition permit and/or building permit prior to the placement of the temporary storage structure. Requests for extensions of time for use of temporary storage may be granted in writing by the city manager or designee, where it can be determined with certainty that such extension is necessary to support the reasonable completion of the project. In no case shall such extension(s) exceed one year.

5.

Bulk Solid Waste Containers. Bulk solid waste containers may be used in all districts where a building permit has been issued. Such containers shall be set back a minimum of five feet from side and rear property lines and ten feet from front property lines. Such container used in conjunction with a demolition permit or building permit shall be removed prior to the demolition or building permit expiration, the issuance of a certificate of occupancy, or the issuance of a certificate of completion.

Bulk solid waste containers may also be used for the removal of miscellaneous waste without a demolition or building permit. In this case, the use of such containers shall be limited to no more than thirty days in any calendar year and the containers shall comply with the location standards set forth in this section for temporary storage containers.

(Ord. No. 805, § 2, 3-7-2017)

17.02.115 - Structural appendage height limit.

Chimneys, spires, radio towers, television and radio antenna, church cupolas, etc., may be built and used to a height of not more than fifteen feet above the height limit established for the district in which the structure is located. Public utilities, transmission lines, towers, and poles may be allowed in all districts to greater heights than established for the district in which the structures are located without securing a use permit; provided, that all routes of transmission lines are submitted to the planning commission prior to acquisition of such routes.

(Ord. 515 § 1 Exh. A (part), 1987)

17.02.120 - Yards.

A.

No yard or other open space provided about any building for the purpose of complying with the regulations of this chapter and Chapters 17.02 through 17.58 shall be considered as providing a yard or open space for any other building or structure.

B.

In any case where a setback line, building line or official plan line has been established, the required yards on street frontage of lots shall be measured from such lines and in no case shall the provisions of this chapter and Chapters 17.02 through 17.58 be construed as permitting any structure to extend beyond such lines.

C.

Gasoline service station pump islands shall be at least twelve feet from any property line to the nearest edge of the pump island.

D.

Cornices, eaves, canopies, fireplaces and similar architectural features, but not including flat walls or window surfaces may extend into any required yard a distance not exceeding two feet.

E.

Uncovered porches, landing places or outside stairways may project not more than three feet into any required side yard and not more than six feet into any required front or rear yard.

F.

In case a dwelling is to be located so that the side yard provides access to the principal entrance thereto, such side yard shall have a width not less than ten feet from such lot line.

G.

No yard may be used or allowed to be used for the storage, accumulation or placement of junk, automobiles or other motor vehicles, machinery, or building materials except:

1.

Automobiles regularly in use which are parked within the off-street parking space provided for on said property;

2.

Building materials as may necessarily be required for construction upon the lot wherein said yard is located immediately prior to and during such construction; and

3.

As may be allowed by the specific regulations applicable to the zone wherein said yard lies.

H.

In any case where any requirement under this code depends upon the zone applicable to or the use of abutting property and such abutting property is not within the city, then such determination shall be made with reference to said abutting property as though it were in the city and within a city zone most nearly equivalent to the applicable county zone.

(Ord. 515 § 1 Exh. A (part), 1987)

17.02.125 - Soundproofing of public utility facilities.

All public utility facilities installed or constructed in districts R-1, R-2, R-3, R-E, AG, or P-SP which during operation create noise or sound, shall be constructed or installed in soundproof buildings or structures when in the opinion of the planning commission such type of construction is required to eliminate any sound disturbance in the operation of such installations.

(Ord. 515 § 1 Exh. A (part), 1987)

17.02.130 - Fences, shrubs and similar obstruction.

A.

Fences and hedges shall not exceed six feet in height unless authorized by a use permit or required to exceed such height by order of the city council or planning commission. Agricultural-type fencing (barb wire or chain link or net-type) of up to six foot for cattle or horses, or five foot for other livestock shall be allowed up to the front property line without a use permit in the agriculture (AG) zone. Fencing shall be setback twenty feet from street corners.

B.

On the portion of the lot between the front setback line and the street line and on corner lots on the portion of the lot between the side setback and the street line of the intersecting street, fences and hedges shall not exceed three feet in height except in AG zones.

C.

On any rear lot line contiguous to a street or side lot line, fences or hedges shall conform to height limitations applicable to the contiguous portion of the side lot.

D.

In the case of corner lots regardless of zone, fences, shrubs, hedges, structures and/or plantings shall not exceed three feet in height. No trees shall be located or planted in the sight distance area.

(Ord. 515 § 1 Exh. A (part), 1987)

17.02.135 - Animals, fowl, beekeeping.

A.

Permits for Keeping Certain Animals and Fowl.

1.

No animal or fowl, except those commonly considered as domestic household pets, and hen chickens as indicated in Subsection 17.02.135.A.3., shall be permitted in any district in the city, except in a rural estate (RE) or agricultural zoning district where the provisions thereof allow such animals, unless authorized by a use permit; provided that such permit shall not be granted if it is determined that the area wherein said animal is proposed to be kept is inadequate for such animal, or would be detrimental to residents of the neighborhood or the city in general. Any hog, pig, sheep, goat, horse, cattle or similar major animal may be allowed by a use permit, but not to exceed one such animal per acre. In no case shall such animals be kept for commercial purchases, unless specified under particular zoning district or allowed by a use permit. The minimum lot size to the considered for a use permit under this section shall be fifteen thousand square feet or more.

2.

No permit shall be granted for the keeping of any swine, sheep, goat, horse, cow or bull within fifty feet of any residence or occupied building, and no permit shall be granted for the keeping of fowl within thirty-five feet of any residence or occupied building. Furthermore, no animals or fowl shall be kept within one hundred feet of any hospital, school or similar institution.

3.

Keeping of hen chickens (no roosters) for noncommercial purposes, shall be allowed in the Single-Family Residential (R-1) district provided that a residence is located on the same lot. No slaughtering or processing shall be permitted and subject to the following development standards:

a.

The number of chickens allowed per R-1 residential lot will be determined by the size of the lot based on the following:

i.

One hen chicken per eight hundred square feet of lot area for lots smaller than eight thousand square feet.

ii.

A maximum of ten hen chickens for lot size of eight thousand square feet or larger.

iii.

A use permit will be required to increase the number of hen chickens to more than ten on any lot in the R-1 district.

b.

Construction Standards for Chicken Enclosures.

i.

Enclosures will be considered as accessory buildings for the purpose of calculating the number of accessory buildings consistent with the requirements of Section 17.02.

ii.

Enclosures include both the solid material shelter as well as the enclosed yard area where chickens are kept.

iii.

Enclosures shall be maintained to prevent predators or other wildlife from gaining entry.

iv.

The solid structure shall be limited to one hundred square feet in size and will not require a permit unless electric or plumbing are included. Yard enclosures are not limited in size but are subject to all setback requirements of Section 17.08.060 and as required by this section.

c.

Setbacks.

i.

All required side and rear yard setbacks for the placement of enclosures will be maintained as required in Section 17.08.060.

ii.

No chicken enclosures will be permitted within fifty feet of a front property line.

iii.

A minimum setback of thirty-five feet will be maintained from all structures dedicated to human habitation.

iv.

A minimum setback of one hundred feet shall be maintained from any school, hospital or other similar institution.

d.

Proper Care and Prohibitions.

i.

All enclosures will meet the following criteria to provide adequate care:

1.

Sufficient area for mobility shall be provided both in a solid structure shelter and yard area.

2.

Area must be provided for sufficient shade and protection from heat, cold and wet.

3.

All enclosures shall be properly maintained and must be regularly cleaned to prevent unsanitary conditions such as the accumulation of fecal matter, odor, insect infestation, which endanger the health of the chickens or any person or which disturb or are likely to disturb the enjoyment, comfort, or convenience of any person in or about a residence, office hospital, or commercial establishment.

4.

It is unlawful and an infraction for any owner or keeper to allow or permit, whether through negligence or willfulness, any nuisances as designated in Section 6.16.020.

B.

Keeping of Dogs and Cats.

1.

It shall be unlawful for any person to keep, harbor, or maintain in or about any dwelling, or the curtilage thereof, more than six dogs or six cats, or any combination thereof exceeding a total of six, each of which is over the age of four months, unless the owner has obtained a kennel license under the provisions of this section.

2.

The term "dwelling" as used in this section is defined in the same manner as such term is defined in the zoning regulations of the city.

3.

The provision of this section shall not apply to any owner who owns more than six dogs or cats, or any combination thereof, on the effective date of the ordinance codified in this chapter so long as the dogs are licensed by the owner under this chapter. This exception does not apply to any dogs subsequently owned, acquired or otherwise possessed by such owner after the effective date of this section.

C.

Keeping of Animals Within Business and Industrial Districts. No business where dogs, cats or other animals are taken, kept or allowed to remain for the purpose of breeding, treatment, observation, lodging, or destruction shall be located within two hundred feet of any church, dwelling, school, or other domestic or commercial building, well or spring from which domestic water is drawn, or any natural watercourse, or any residential zone.

D.

Permits for Keeping of Bees. The planning commission may, under a use permit, allow for the keeping of bees if the commission determines that the keeping of same will not have a detrimental effect upon the health, safety, peace, comfort and general welfare of persons residing in or working in the neighborhood wherein said bees are proposed to be kept; provided, however, that no permit shall be issued unless:

1.

The parcel on which the bees are kept shall be at least five acres in size;

2.

The number of colonies or nuclei shall not exceed two per acre;

3.

The bees are registered with the Shasta County agricultural commissioner;

4.

Adequate fresh water supply is available for bees on the subject property at all times;

5.

The location shall be not less than two hundred feet from any public road, street or highway, residence or other occupied building other than that of the property owner or occupant of said property.

(Ord. No. 807, § 1, 4-4-2017; Ord. 515 § 1 Exh. A (part), 1987; Ord. No. 849, § 2, 8-16-2022)

17.02.140 - Lots of record, development, merger.

All lots of record development and merger must meet all requirements and be in compliance with the state of California Subdivision Map Act — Government Code Sections 66410 to 66499.58.

(Ord. 515 § 1 Exh. A (part), 1987)

17.02.145 - Special uses of land requiring use permits.

The following uses may be permitted in any zoning district of the city upon issuance of a use permit in the manner described in Chapter 17.50.

Airport;

Amusement park;

Artist's studio;

Building, structures and uses of a public works, public service, or public utility nature;

Cemetery;

Caretaker's quarters or circus or carnival trailer;

Church;

Clinics;

Club;

College;

Conference center;

Country club;

Crematory;

Dairy;

Dancehalls, roadhouses, nightclubs, commercial clubs, commercial establishments where liquor is served;

Commercial places of amusement or recreation, or any place where entertainers are provided, whether as social companions or otherwise, when located three hundred feet of the boundary of a residential district;

Eleemosynary and philanthropic institution (except where human beings are housed under restraint);

Fairgrounds;

Fences and walls of six feet or more in height;

Golf course, driving range, or putting green;

Guest ranch;

Hotel;

Hospital;

Landscapers or plant nursery;

Library;

Mausoleum;

Monastery;

Museum;

Music record studio;

Nonprofit research laboratory;

Recreation center;

Recreational vehicle parks (overnight type);

Resort hotel;

Retirement center;

Riding arena;

Rodeo;

School;

Special care homes;

Stable;

Public;

Subdivision sales office;

Structures in excess of building height restrictions, including antennas, chimneys, cupolas, monuments, flag poles, radio and other tower, water tanks mechanical appurtenances and similar structures; co-location of wireless communication does not require the issuance of a use permit;

Television or radio broadcasting station;

Theater (outdoor or indoor);

Veterinarian clinic or office;

Vocational institution.

(Ord. 744 § 1 (part), 2006; Ord. 515 § 1 Exh. A (part), 1987)

17.02.150 - Garage sales.

Despite any other provisions in this code to the contrary, garage sales shall be permitted in an R-1, R-2, R-3, R-E, AG or P-D (residential) district or at any existing residence.

A.

Definition. The term "garage sales" as used within this section shall mean a sale by an individual homeowner, apartment dweller, or occupant of a dwelling unit for the purpose of disposing of unwanted or surplus household items and similar articles. Although ordinarily conducted in a garage in a residential zone, this term shall be construed to include "yard sales" and other sales conducted on any portion of the premises with exception of incidental sales of one or two items of personal property. The term shall also include such sales conducted by a combination of residential dwellers at a single location whether or not the event takes on the character of a rummage sale or a fund-raising event for civic or charitable purposes.

B.

Frequency, Length and Time of Sale. No more than four garage sales shall be conducted on the premises in any calendar year. No garage sale shall be conducted for longer than three consecutive days. No garage sale shall be conducted within thirty days of another garage sale on the same property.

C.

Display. No item offered for sale at a garage sale nor any signs identifying the garage sale shall be displayed in any public right-of-way. The public right-of-way includes, but is not limited to, paved streets, curbs, gutters, sidewalks, as well as any structures located within the right-of-way.

D.

Signs. No sign advertising any garage sale shall exceed four square feet in area. Only one such sign may be displayed on the premises on which the garage sale is conducted. Up to two off-site signs may be displayed; provided that written permission to display such signs is received from the owner on whose property such signs are to be displayed. No signs shall be attached in any manner, to telephone poles, street signs, stop signs, directional signs or fire hydrants. Signs may be displayed only during the days the garage sale is actively being conducted and must be removed at the close of the garage sale activity.

E.

Violation. A violation of any provision of this section is considered a separate infraction for each day in which the violation occurs and shall be punishable as set forth in Section 1.20.010 of the code.

(Ord. 515 § 1 Exh. A (part), 1987)