The purpose of this chapter is to classify land uses according to use types on the basis of common functional, product, or compatibility characteristics.

(Ord. No. 519, 8-8-2012)

A.

Primary Uses. Primary uses shall be defined as either principal, conditional, or administrative uses. A principally permitted use is allowed in a zoning district and subject to the restrictions applicable to that district. A conditionally permitted use is a use permitted in a particular zone district upon showing that such use will comply with all the conditions and standards as specified in the zoning ordinance and authorized in the conditional use permit. An administratively permitted use may be permitted in a zone district upon administrative approval by the planning director. Primary uses are established and regulated by this Article III.

B.

Accessory Uses. Accessory uses are uses accessory and incidental to the primary use of a parcel and are regulated by Chapter 17.96 (accessory uses and structures).

(Ord. No. 519, 8-8-2012)

Editor's note— Ord. No. 555, § 1(Exh. A), adopted Oct. 10, 2023, repealed § 17.64.030, which pertained to listing of use classifications and derived from Ord. No. 519, 8-8-2012; Ord. No. 542, § 1(Exh. B), 7-8-2020.

The following rules shall apply where a use of a parcel resembles two or more different primary use types, and none of the uses are accessory uses regulated pursuant to Chapter 17.96 (accessory uses and structures).

A.

Separate Classifications of Multiple Establishments. If two or more individual establishments or businesses conduct separate primary uses on a single parcel, each use shall be considered a separate and distinct primary use of that parcel.

B.

Separate Classification of Different Major Categories of Uses Conducted by Individual Establishment. If an individual establishment, or business conducts more than one primary use, which use appears to fit under more than one different use type as described in this chapter, each primary use shall be considered a separate and distinct primary use; provided, however, when the primary uses have the characteristics of one of the following listed use types, all such primary uses shall be classified as one of the use types on the list:

• General industrial;

• Hazardous materials handling; or

• Intensive public facilities.

If the primary uses resemble more than one of the use types on the above list, the uses shall be classified in the most appropriate use type, except that any industrial uses shall be classified within the hazardous materials handling use type if they so qualify under subsection 17.64.100D. (hazardous materials handling use type).

(Ord. No. 519, 8-8-2012)

If a proposed primary use is not specifically listed or identified as a use type in this Article III, the use shall not be allowed, except as follows:

A.

The planning director may determine that a proposed use not listed is permitted if:

1.

The common functional, product or compatibility characteristics and activities associated with the proposed use are consistent with one of the use types identified in Chapter 17.64 listed as a permitted use type within the zoning district;

2.

The proposed use is compatible with the purpose of the zoning district that applies to the parcel; and

3.

The proposed use will be consistent with the goals, objectives and policies of the general plan.

B.

If the planning director determines that an unlisted proposed use is encompassed within a listed use type, the proposed use shall be subject to the same use regulations as the listed use type.

C.

The planning director may forward questions about permitted uses directly to the planning commission for an interpretation at a public hearing. The public hearing shall be scheduled in accordance with Section 17.40.020. The planning commission shall make a determination based on the criteria of subsection 17.64.050A. as to which use type the proposed use fits into. The decision of the planning commission may be appealed pursuant to Chapter 17.44.

D.

The planning director shall maintain a written record of all such determinations.

(Ord. No. 519, 8-8-2012)

Open space use types include on-site structures, development, and management activities which are necessary for the protection and enhancement of open space resources. Specific open space use types referred to in this title are:

A.

Resource protection and restoration, includes activities and management of an area to preserve, recreate and enhance natural resource values such as fish and wildlife habitat, rare and endangered plants, erosion control, and floodwater conveyance.

B.

Resource related recreation, includes facilities related to passive recreation of open space areas including bike and pedestrian trails, picnic areas, parking areas, and interpretive centers.

(Ord. No. 519, 8-8-2012; Ord. No. 555, § 1(Exh. A), 10-11-2023)

Civic use types include governmental and quasi-governmental agencies providing utility, educational, cultural, major medical, protective, governmental, and other uses which are strongly vested with public or social importance. Specific civic use types referred to in this title are:

A.

Community assembly, includes the activities typically performed by, or at, the following institutions or installations:

• Churches, temples, synagogues, and other places of worship;

• Public and private non-profit clubs, lodges, and meeting halls; and

• Public community recreation facilities, including community centers, amphitheaters and museums.

B.

Community services, includes uses provided by public agencies which are necessary to support the community's health, safety and welfare. Typical community services include:

• Cemeteries;

• Community water storage, wells and associated treatment facilities;

• Corporation yards, including storage, repair and processing of materials and equipment, and vehicles operated by governmental entities;

• Detention/retention basins;

• Electrical substations (up to sixty (60)kV);

• Intermodal facilities;

• Libraries;

• Park-and-ride lots;

• Police and fire stations (including antennas, antenna towers and communication facilities);

• Post offices, excluding major processing centers;

• Public parks and golf courses; and

• Satellite government facilities.

C.

Essential services, includes services which are necessary to support development and involve only minor structures such as bus stops, gas distribution pipelines, electrical distribution lines (up to and including sixty (60)kV), utility poles, transformers (twelve (12)kV or less), water and sanitary sewer, drainage facilities, communication facilities for community services provided by a public agency, and neighborhood parks.

D.

Reserved.

E.

Hospital services.

1.

General hospital services, includes medical, or surgical services for sick or injured persons primarily on an in-patient basis, and includes accessory facilities for out-patient and emergency medical services, diagnostic services, training, research, administration, and services to patients, employees, or visitors.

2.

Psychiatric hospital services, includes psychiatric services for persons primarily on an in-patient basis, and includes accessory facilities for out-patient and diagnostic services, training, research, administration, and services to patients, employees, or visitors.

F.

Intensive public facilities, includes public services and utilities which because of location, are objectionable due to production of offensive odor, dust, noise, bright lights, vibration or the storage of hazardous materials or products. Typical uses are electric receiving stations (sixty (60)kV to two hundred thirty (230)kV), sanitary landfills, public airports and heliports, or correctional institutions.

G.

Libraries and museums, private, includes permanent, public and quasi-public facilities generally of a non-commercial nature such as libraries, museums, art exhibitions, planetariums, aquariums, botanical gardens, and arboretums. Also includes historic sites, exhibits, and zoos located in a public park.

H.

Power generating facilities. These facilities consist of temporary support facilities used to supply electrical power on an interim basis when power outages occur, or facilities that are used on a permanent basis to generate a power supply for a single use or multiple users if connected to a power grid. Power generating facilities generally include technologies that produce electricity from fossil fuels, natural gas, solar, wind, hydro or biomass fuels in order to provide back-up power, augment utility power supplies or if grid-connected, to sell power. Power generating facilities may include, but are not limited to, the following specifically defined facilities:

1.

General Power Production Facility. A facility whose sole purpose is for the resale and production of power which may consist of a natural gas fired facility, co-generating facility, solar, wind, waste, photovoltaic, geothermal operated, or other alternative fuel source, that produces electricity primarily for the transmission of electricity associated with the overall power grid. This type of facility may be a peak load facility that only operates during the period in which the power demand for the overall power grid is at its peak usage.

2.

Supplemental/Individual Use Power Facility. A facility that is utilized to provide electrical power as either a supplement to power supplied by the existing grid or as a permanent power source for an individual user and does not provide off-site sale to the power grid. For commercial and industrial developments these types of facilities may consist of a natural gas fired facility, co-generating facility, solar, wind, waste, photovoltaic, geothermal operated, or other alternative fuel source, that produces electricity. Residential uses will be restricted to facilities, which do not materially change the character of the zone district or impact adjacent residential uses (i.e., solar and photovoltaic).

3.

Emergency Power Facility. A facility that acts as a stand-by generator used to supply electric power during the event of a power outage by the local electric utility. These types of facilities maybe permanent in nature or temporary portable gas/diesel generators.

4.

Passive Power Facility. These facilities are considered to produce power when using clean fuel such as sunlight or other similar natural resource to generate power. Typical facilities would be solar or photo voltaic power generators. Residential zones will be restricted to these types of passive power facilities for power generation on a permanent basis. No industrial conversion solar facilities will be allowed on residentially-zoned property.

I.

Public parking services, includes parking services involving buildings or lots which are publicly owned or operated.

J.

Schools.

1.

College and university, includes community colleges, public or private colleges, universities and professional schools granting associate degrees, certificates, undergraduate and graduate degrees and requiring for admission at least a high school diploma or equivalent general academic training.

2.

Public elementary and secondary, includes public elementary, middle, junior high and high schools serving grades K through twelve (12).

3.

Private elementary and secondary, includes private and religious schools. It does not include schools included within the commercial districts, schools specialized education and training use type.

K.

Social services, generally include those services which help people become more self-sufficient, prevent dependency, strengthen family relationships, and restore individuals, families, groups or communities to successful social functioning. Such social services may include, but are not limited to, the following specifically defined services:

1.

Food Distribution Facility. A facility or use which distributes food on a not-for-profit basis.

2.

Food Service Facility. A facility or use where food is served on-site on a not-for-profit basis.

3.

Emergency Shelter. A facility or use which provides temporary housing for individuals on a not-for-profit basis. The housing may include, but is not limited to, emergency housing on a short-term basis or temporary transitional basis until permanent housing is available. This definition does not include such temporary residential shelters as may be provided for relief following a natural disaster or during a state of emergency.

(Ord. No. 519, 8-8-2012; Ord. No. 555, § 1(Exh. A), 10-11-2023)

Residential use types include the occupancy of living accommodations on a wholly or primarily non-transient basis and includes uses which are typically associated with and provide support to residential areas, but exclude institutional living arrangements providing twenty-four-hour skilled nursing or medical care and those providing forced residence, such as asylums and prisons. Specific residential use types referred to in this title are:

A.

Accessory Dwelling Unit.

B.

Caretaker/employee housing, includes permanent or temporary housing that is secondary or accessory to the primary use of the property. Such housing is used for caretakers employed on the site of a non-residential use where a caretaker is needed for security or to provide twenty-four-hour care or monitoring of facilities, equipment, or other conditions on the site.

C.

Community care facility, small. A dwelling where non-medical care is provided to six or fewer persons on a twenty-four-hour basis. Small community care facilities shall be licensed by the state department of social services.

D.

Community care facility, large. A dwelling where non-medical care is provided to no less than seven and no more than twelve (12) persons on a twenty-four-hour basis and which is operated and occupied by the owners. Large community care facilities shall be licensed by the state department of social services, shall permit no more than two persons per bedroom and shall be designed so as to be compatible with the residential character of the neighborhood.

E.

Dwelling, includes a room or group of internally connected rooms that have sleeping, cooking, eating, and sanitation facilities, but not more than one kitchen, which constitutes an independent housekeeping unit, occupied by or intended for one household on a long-term basis. Types of dwellings include single-family dwellings, duplexes, multifamily dwellings, mobilehomes, condominiums, and townhouses, all of which are separately defined.

1.

Multifamily, includes a building designed and intended for occupancy by three or more families living independently of each other, each in a separate dwelling unit, which may be owned individually or by a single landlord. Includes apartments, condominiums, townhomes, rowhouses, triplexes and fourplexes.

2.

Single-family, includes a detached building designed exclusively for occupancy by one family.

3.

Two-family, includes a duplex, or other buildings designed for occupancy by two families living independently of each other, where both dwellings are located on a single lot.

F.

Efficiency units, includes a room or group of internally connected rooms that have independent sleeping, cooking, eating and sanitation facilities, which constitutes an independent housekeeping unit, occupied by or intended for one household on a long-term basis.

G.

Family day care homes, small, includes a private single-family dwelling where care, protection and supervision of eight or fewer minor children is provided for periods of less than twenty-four (24) hours or as otherwise provided by state law.

H.

Family day care homes, large, includes a private single-family dwelling where care, protection and supervision of nine and up to, and including, fourteen (14) children is provided for periods of less than twenty-four (24) hours or as otherwise provided by state law (see also Chapter 17.160).

I.

Junior Accessory Dwelling Unit.

J.

Live/work, includes units that are occupied by business operators who live in the same structure that contains commercial activity. The units function primarily as a workspace with incidental residential accommodations.

K.

Mobilehome park, includes any site that is planned and improved to accommodate two or more mobilehomes used for residential purposes, or on which two or more mobilehome lots are rented, leased, or held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate mobilehomes used for residential purposes.

L.

Rooming and boarding houses, include the renting of individual bedrooms within a dwelling by a property owner or other manager in residence to three or more people, whether or not meals are provided; or a single-family dwelling occupied by six or more unrelated people, living together as a single housekeeping unit; by prearrangement for definite periods, with compensation.

M.

Single-room occupant. Lodging establishments providing a room(s) which does not include a kitchen or bathroom. These establishments include a communal bathroom and may have a communal kitchen and/or living area. This is not a temporary or transitional housing type and is typically found on the second story above a retail use.

N.

Supportive housing. "Supportive housing" means housing with no limit on length of stay, that is occupied by the target population as defined in Health and Safety Code Section 53260(d), and that is linked to on- or off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live, and when possible, work in the community. (California Health and Safety Code Section 50675.14(b).)

1.

Target Population. Adults with low-income having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Development Disabilities Services Act and may, among other populations, include families with children, elderly persons, young adults aging out of the foster care system, individuals existing from institutional settings, veterans or homeless people. (California Health and Safety Code Section 53260(d).)

O.

Transitional housing. "Transitional housing" and "transitional housing development" means buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months. (California Health and Safety Code Section 50675.2(h).)

(Ord. No. 519, 8-8-2012; Ord. No. 555, § 1(Exh. A), 10-11-2023)

Commercial use types include the distribution, sale and rental of goods, and the provision of services other than those classified as civic or industrial use types. Specific commercial use types referred to in this title are:

A.

Adult-oriented businesses, include those uses specifically referred to in Chapter 17.128 of this code and include any adult arcade, adult book/novelty store, adult cabaret, adult hotel/motel, adult motion picture theater, adult theater or modeling studio defined therein. Any reference in this code to "adult business establishment" shall mean adult-oriented business, as provided herein.

B.

Animal sales and services, include establishments primarily engaged in animal-related sales and services. These establishments are exempt from Municipal Code Chapter 6.20 (limitations on number of animals). The following are animal sales and services use types:

1.

Grooming and pet stores, include grooming or selling of dogs, cats, and similar small animals with limited indoor boarding. Typical uses include dog bathing and clipping salons, pet grooming shops, and pet stores.

2.

Kennels, include indoor and outdoor kennel services for dogs, cats, and similar small animals. Typical uses include boarding kennels, pet motels, and dog training centers. However, dog training which is limited to hourly sessions (no overnight stays) is not included in this definition. Kennels are also subject to the regulations set forth in Colfax Municipal Code Chapter 6.12 (kennels).

3.

Veterinary clinic, includes a fully enclosed veterinary facility containing only enough cage arrangements as necessary to provide services for small animals requiring acute medical or surgical care, as well as boarding and grooming.

4.

Veterinary hospital, includes a veterinary facility conducted in an enclosed building and in the open which provides long-term medical care, boarding and grooming.

C.

Automotive and equipment, includes establishments primarily engaged in automotive-related or heavy equipment sales or services. The following are automotive and equipment use types:

1.

Automotive rentals, include rental from the premises of automobiles, light trucks, and recreational vehicles. Typical uses include car rental agencies.

2.

Automotive repairs, include repair of automobiles and the sale, installation, and servicing of automobile equipment and parts completely within an enclosed building, but excluding body repair and painting. Typical uses include muffler shops, automobile repair garages, automobile glass shops, and minor services, including oil change, tune-up/lube shops, tire installation, and stereo and car accessory installation.

3.

Automotive sales, include the sale, retail or wholesale, of automobiles, light trucks, boats, recreational vehicles, motorcycles, motor homes, and trailers together with associated enclosed repair services and parts sales, but excluding body repair and painting. Typical uses include automobile dealers and recreational vehicle sales agencies.

4.

Carwash and detailing, includes washing and polishing of automobiles. Typical uses include automobile detailing services and carwashes.

5.

Commercial parking, includes parking of operable motor vehicles and bicycles on a temporary basis within a privately owned off-street parking area with or without a fee. Typical uses include commercial parking lots and garages.

6.

Heavy equipment rental and sales, include rental and sales of heavy equipment such as aircraft, trucks, tractor-trailer, semi-trucks and heavy construction equipment.

7.

Automotive body and equipment repair, includes automotive body repair and painting of equipment such as aircraft, boats, recreational vehicles, and trucks; and the installation and servicing of tractor-trailer, semi-trucks and heavy construction equipment.

8.

Gasoline sales, include establishments primarily engaged in the retail sale, from the premises, of petroleum products with the incidental sale of tires, batteries, and replacement items, lubricating services, minor repair services and may include drive through carwashes, convenience eating places and neighborhood commercial. Typical uses include automobile service stations, filling stations and neighborhood commercial uses with gas sales.

D.

Banks and financial services, include financial institutions including: banks and trust companies; lending and thrift institutions, credit agencies; brokers and dealers in securities and commodity contracts; security and commodity exchanges; holding, (but not predominantly operating) companies; and other investment companies; vehicle finance leasing agencies. Automated teller machines (ATMs) located away from banks are included under the definition of "personal services."

E.

Bars and drinking places, include establishments within a building where alcoholic beverages are sold for on-site consumption, that are not part of a restaurant. Includes bars, taverns, pubs, brew pubs, wine bars and similar establishments where any food service is subordinate to the sale of alcoholic beverages. Amplified live or recorded music and/or dancing is permitted subject to Chapter 8.28 (noise standards).

F.

Broadcasting and recording studios, include commercial and public communications uses including telegraph, telephone, radio and television broadcasting and receiving stations and studios, and television production and sound recording studios, with facilities entirely within buildings. Private transmission and receiving apparatus, such as towers, reflectors and antennas are included under the definition of "antennas, communications facilities."

G.

Building material stores, include retail establishments selling lumber (which may include the cutting of precut lumber) and other large building materials, and also including paint, wallpaper, glass, fixtures, nursery stock, lawn and garden supplies (which may also be sold in hardware stores, included under the definition of "retail sales and services"). Includes all such stores selling to the general public, even if contractor sales account for a larger proportion of total sales.

H.

Business support services, include establishments within buildings, providing other businesses with services including maintenance, repair and service, testing, rental, etc., also includes:

• Blueprinting;

• Business equipment repair services (except vehicle repair, see "automotive repair");

• Commercial art and design (production);

• Computer-related services (rental, repair, maintenance);

• Equipment rental businesses within buildings;

• Film processing laboratories;

• Mail advertising services (reproduction and shipping);

• Outdoor advertising services;

• Photocopying; and

• Photo finishing.

I.

Commercial recreation, includes establishments primarily engaged in the provision of sports, entertainment, or recreation for participants or spectators. The following are commercial recreation use types:

1.

Amusement center, includes public places of amusement or public places of business in which four or more coin-operated amusement devices are installed and includes any place open to the public, whether or not the primary use of the premises is devoted to the operation of such devices.

2.

Indoor entertainment, includes predominantly spectator uses conducted within an enclosed building, excluding uses classified under adult-oriented business (see Chapter 17.128). Typical uses include motion picture theaters and live theatre.

3.

Indoor sports and recreation, includes predominantly participant sports and health activities conducted within an enclosed building. Typical uses include bowling alleys, billiard parlors, ice and roller skating rinks, indoor racquetball courts, indoor soccer arenas, athletic clubs, and health clubs.

4.

Outdoor entertainment, includes predominantly spectator uses conducted in open or partially enclosed or screened facilities. Typical uses include outdoor amphitheaters, concert halls and sports arenas, BMX tracks, racing facilities, drive-in theaters, and zoos.

5.

Outdoor sports and recreation, includes predominantly participant sports conducted in open or partially enclosed or screened facilities. Typical uses include amusement parks, driving ranges, miniature golf courses, golf courses, swimming pools, and tennis courts.

6.

Residential recreation facilities, include predominantly participant sports which are normally associated with a country club, or private residential community. Typical uses include country clubs, racquet clubs, golf courses, swimming pools, tennis courts, and other secondary uses including restaurants, and retail sales.

7.

Large amusement complexes, include a theme park or similar complex open to the public which exceeds one hundred thousand (100,000) square feet and which: (1) includes outdoor amusement attractions such as mechanized or carnival-type rides or water slides; and (2) meets any two of the following three criteria: (A) The complex has a maximum daily capacity of more than five hundred (500) users per day; (B) The complex is required to provide off-street parking for more than two hundred (200) vehicles, including bicycles; or (C) The complex operates during any part of the year during the hours after six p.m. This does not apply to publicly-owned or operated parks or facilities.

J.

Community care facility, includes any facility serving as a residence where non-medical care is provided on a twenty-four-hour basis with central or private kitchen, dining, recreational and other facilities. Typical uses include assisted living facilities and facilities licensed by the state department of social services. Does not include long term care facilities.

K.

Day care centers, include commercial or non-profit facilities that provide care, protection and supervision of thirteen (13) or more minor children or adults in need of assistance for periods of less than twenty-four (24) hours per day, typically while parents or family are working, and/or before or after daily attendance at an elementary school, as defined by Chapter 3.6 of the Health and Safety Code, commencing with Section 1597.30 (includes preschools).

L.

Eating and drinking establishments, include establishments primarily engaged in the sale of prepared food and beverages for on-premises consumption, but excludes those uses classified under the "bars and drinking places" and "nightclubs." amplified live or recorded music and/or dancing is permitted subject to Chapter 8.28 (noise standards).

1.

Fast food with drive-through, includes establishments primarily engaged in the preparation and retail sale of food and beverages at a walk-up counter and at a drive-through window, and may include seating.

2.

Convenience, includes establishments primarily engaged in the preparation and retail sale of food and beverages at a walk-up counter and which does not include a drive-through or provide for ordering at the tables, if any. Typical uses include pizza parlors, ice cream parlors, and sandwich shops.

3.

Full service, includes establishments primarily engaged in the preparation and retail sale of food and beverages where food is ordered and served at a table, and which may include sales of alcoholic beverages as an accessory or secondary service. Fixed seating or tables and chairs are provided for the seating of each patron or customer at all times. Typical uses include full-service restaurants.

M.

Food and beverage retail sales, include establishments primarily engaged in the retail sale of food and beverages for home consumption. Typical uses include groceries, liquor stores, and delicatessens.

N.

Funeral and interment services, include establishments primarily engaged in the provision of services involving the care, preparation, or disposition of human remains other than in cemeteries.

O.

Lodging services, include establishments primarily engaged in the provision of commercial lodging on a less than monthly basis to the general public. Lodging services include incidental food, drink, and other sales and services intended for the convenience of guests. Typical uses include hotels and motels, and bed and breakfasts.

P.

Long term care facility, includes an institution or a portion of an institution that is licensed or approved to provide health care under medical supervision for twenty-four (24) or more consecutive hours. Typical uses include extended care facilities, intermediate care facilities, skilled nursing facilities, hospices and other facilities licensed by the state department of health services.

Q.

Maintenance and repair, includes all uses that provide maintenance and repair services for furniture, appliances and equipment normally used within a building. Typical uses include sewing machine and appliance repair.

R.

Medical services, general, includes establishments primarily engaged in the provision of personal health services on an outpatient basis ranging from prevention, diagnosis and treatment, or rehabilitation services provided by physicians, dentists, nurses, and other health personnel as well as the provision of medical testing and analysis services, but excludes uses classified under any civic use type. Typical uses include medical offices, dental laboratories, medical laboratories, health maintenance organizations, substance abuse treatment clinics, immediate care facilities and offices for physical therapists, chiropractors, and acupuncturists.

S.

Neighborhood commercial, includes establishments primarily engaged in the provision of frequently or recurrently needed small personal items or services for residents within a reasonable walking distance. These uses are compatible with residential development due to low traffic and noise generation and include various retail sales and personal services of an appropriate size and scale to meet the above criteria. Typical uses include neighborhood grocery stores, drug stores, beauty salons, and offices, but do not include drive-through restaurants, bars and drinking places, or liquor stores.

T.

Nightclubs, include establishments or places of entertainment within a building, open primarily at night, usually, but not necessarily, serving alcohol, and providing floor space for amplified live or recorded music, or having spaces for dancing or holding public dances. Meals or refreshments may be served and an admission fee may be, but not necessarily, charged. Excludes uses classified as "eating or drinking establishments," "commercial recreation," and Chapter 17.182 - adult-oriented businesses. Additional requirements are contained in Chapter 17.164.

U.

Nursery, retail, includes establishments primarily engaged in the sale of nursery goods, landscaping materials, chips, rocks, sand, soil and merchandise. This use type is typically conducted primarily outdoors. The sale of nursery goods, landscaping materials, chips, rocks, sand, soil and merchandise indoors is permitted under retail sales and services.

V.

Offices, professional, includes professional or government offices including:

• Accounting, auditing and bookkeeping services;

• Advertising agencies;

• Architectural, engineering, interior design, and surveying services;

• Attorneys;

• Call and telemarketing centers;

• Computer software designers;

• Court reporting services;

• Data processing and computer services;

• Detective agencies and similar services;

• Secretarial and word processing services;

• Government offices including agency and administrative office facilities;

• Insurance agencies;

• Management, public relations and consulting services;

• Real estate agencies; and

• Writers, photographers and artists offices outside the home.

W.

Personal services, include establishments primarily engaged in the provision of personal improvement or appearance, and similar non-business related or non-professional services, but excludes services classified under other use types. Typical uses include barber shops, beauty salons, tailors, shoe repair shops, massage therapist, tattoo studios, and dry cleaning pick-up stations.

X.

Retail sales and services, include establishments primarily engaged in the sale of goods and merchandise, but excludes those classified under animal sales and services, automotive and equipment, business support services, building materials stores, neighborhood commercial services, food and beverage retail sales, and gasoline sales. Typical uses include:

• Auto parts;

• Bakeries, retail;

• Bicycle sales;

• Department stores;

• Drug and discount stores;

• Furniture stores;

• Hardware;

• Orthopedic supplies;

• Photography studios;

• Self service laundries/dry cleaning stores; and

• Sporting goods and equipment.

Y.

Specialized education and training, includes private establishments providing training or educational programs. Typical uses include:

1.

Vocational schools, include businesses, secretarial schools and vocational schools offering specialized trade and commercial courses and establishments furnishing educational courses by mail or online. Facilities, institutions and conference centers are included that offer specialized programs in personal growth and development (including fitness, environmental awareness, arts, communications, and management, as examples).

2.

Specialty schools, include specialized non-degree granting schools such as: music schools; dramatic schools; language schools; driver education schools; martial arts studios; ballet and other dance studios.

Z.

Storage facility, self-service, includes a structure or group of structures containing generally small, individual, compartmentalized stalls or lockers rented as individual storage spaces. This use type does not include the outdoor storage of boats, cars, recreational vehicles, or equipment, and does not include the rental of trucks or other equipment (also see Chapter 17.176).

AA.

Storage facility, recreational and large vehicle, includes a facility or staging area, whether indoor or outdoor, for the temporary or permanent storage of boats, cars and other recreational or large vehicles or equipment.

(Ord. No. 519, 8-8-2012)

Industrial use types include the on-site production and storage of goods, equipment and materials, including certain associated accessory uses. Specific industrial use types referred to in this title are:

A.

Day care centers, secondary. Secondary day care centers are incidental and accessory to the primary industrial use of the property and are only for on-site employees. Does not include day care centers as defined for commercial use. Includes commercial or non-profit facilities that provide care, protection and supervision of thirteen (13) or more minor children or adults in need of assistance for periods of less than twenty-four (24) hours per day, while parents or family are working on site, and/or before or after daily attendance at an elementary school, as defined by Chapter 3.6 of the Health and Safety Code, commencing with Section 1597.30 (includes preschools)..

B.

Equipment and materials storage yards, includes all uses related to outdoor storage of large construction equipment or machinery, company vehicles, or large quantities of other materials. It does not include any of the commercial use types identified under "automotive and equipment." Typical uses include contractor's storage yards, and corporation yards.

C.

General industrial, includes any manufacturing, processing, assembling, or fabrication of materials and products from raw materials, and also includes any industrial use involving an incinerator, blast furnace or other similar industrial process, including any industrial production conducted either wholly or partially outdoors. Typical uses include drum manufacturing and remanufacturing, batch plants, truss manufacturing, breweries, canneries and co-generation plants.

D.

Hazardous materials handling, includes all industrial uses engaged in the handling of substances subject to the maintenance of a "Risk Management Prevention Program" under California Health and Safety Code, Section 25534. Typical uses include semi-conductor manufacturing.

E.

Impound yards, includes the storage of operable and inoperable vehicles for limited periods of time, within a secured enclosure. Does not include the dismantling of wrecked or inoperable vehicles which is "recycling, scrap and dismantling."

F.

Laundries, commercial, includes establishments primarily engaged in high volume laundry and garment services, including family and commercial laundries, garment pressing and dry cleaning, linen supply, diaper service, industrial laundries, carpet and upholstery cleaners. Does not include coin-operated laundries.

G.

Light manufacturing, includes the manufacture, assembly or packaging of products from previously prepared materials, such as cloth, plastic, paper, leather, precious or semi-precious metals or stones, but does not include such operations as saw and planing mills, or any manufacturing uses involving primary production of wood, metal or chemical products from raw materials. Typical uses include electronic equipment assembly, and computer component assembly.

H.

Mineral extraction and processing includes mining, developing mines or exploring for metallic minerals (ores), coal and nonmetallic minerals (except fuels), or surface mines extracting crushed and broken stone, dimension stone or sand and gravel. See Chapter 17.163 for specific use requirements applicable to mineral extraction and processing.

I.

Printing and publishing. Establishments primarily engaged in printing by letterpress, lithography, engraving, screen, offset or other common process, including electrostatic (xerographic) copying and other "quick printing" services; and establishments serving the printing trade such as bookbinding, typesetting, engraving, photoengraving, and electrotyping. This also includes establishments that publish newspapers, books and periodicals, whether or not they do their own printing; and establishments manufacturing business forms and binding devices.

J.

Recycling, scrap and dismantling, includes uses engaged in the assembling, breaking up, sorting, temporary storage, and distribution of recyclable or reusable scrap and waste materials, including the dismantling or wrecking of automobiles or other motor vehicles, or the storage or keeping for sale of parts and equipment resulting from such dismantling or wrecking. The presence on any lot or parcel of land of five or more motor vehicles which for a period exceeding thirty (30) days have not been capable of operating under their own power, and from which parts have been or are to be removed for reuse or sale shall constitute prima facie evidence of an automobile wrecking yard. Does not include landfills or other terminal waste disposal sites.

1.

Enclosed, includes recycling, scrap and dismantling within enclosed building.

2.

Unenclosed, includes recycling, scrap and dismantling not within a building.

K.

Research services, includes establishments primarily engaged in providing research, testing, or other scientific analysis. Typical uses include soils and materials testing laboratories, electronics research firms and pharmaceutical research laboratories.

L.

Specialized industrial, includes establishments engaged in activities that generate noise, vibration, odor, dust, or smoke similar to other industrial uses but that do not clearly fit within another industrial use classification. This use type involves uses which are appropriately located with other industrial development and are not classified under either a commercial or civic use type. The director shall determine that a use is classified within this use type as prescribed in Section 17.64.050.

M.

Wholesaling and distribution, includes establishments engaged in wholesaling, storage, warehousing and bulk sale distribution, including, but not limited to open-air handling of materials and equipment other than live animals. Does not include the outdoor storage of material which is classified under "equipment and materials storage yards." The following are wholesaling and distribution use types:

1.

Light, includes wholesaling, storage, and warehousing within enclosed structures. Typical uses include wholesale distributors, storage warehouses and moving and storage firms.

2.

Heavy, includes wholesaling, storage, distribution and handling of materials and equipment. Also includes uses engaged in the outdoor or indoor, long term or short term storage of large vehicles, and minor repair and maintenance of vehicles stored on the premises. Typical uses include truck terminal yards.

(Ord. No. 519, 8-8-2012)

Transportation and communication use types include the transfer of information and people by various means. Specific transportation and communication use types referred to in this title are:

A.

Antennas and telecommunications facilities, includes commercial and private electromagnetic and photoelectric transmission, broadcast, repeater and receiving stations for radio, television, telegraph, telephone, cellular telephone, microwave communications and data network communications; including commercial earth stations for satellite-based communications. Includes antennas (dish and satellite), telecommunication towers, monopole, and equipment buildings (also see Chapter 17.132).

1.

Developed lot, located on a building or on the same lot developed with a permitted use.

2.

Undeveloped lot, located on a vacant lot or lot not developed with a permitted use.

* Does not include:

a.

Home television and radio receiving antennas and HAM radio antennas, which are included under "residential accessory structures."

b.

Telephone, telegraph and cable television transmission facilities utilizing hard-wired or direct cable connections, which are included under essential facilities use type.

c.

Satellite dishes, which are included under accessory structures regulations and subject to the standards of Chapter 17.132.

d.

Communications facilities for community services provided by a public agency.

B.

Heliport, includes land improved and intended to be used for the landing and taking off of helicopters or vertical take-off and landing (VTOL) aircraft for municipal or government purposes only. Includes facilities for non-emergency landings and take offs, and permanent life safety facilities. It does not include landing of helicopters or VTOL for emergency purposes, pursuant to the Public Utilities Code, Section 21001, et seq.

C.

Intermodal facilities, includes private, quasi-public or public establishments engaged in the provision of transportation of persons. Typical uses include bus stations and train depots.

(Ord. No. 519, 8-8-2012)

A.

The purpose of the open space district (OS) is to promote and preserve open space for outdoor recreation in areas particularly suited for park and recreation. To this end, the OS district is intended to be limited to activities normally related to outdoor recreation.

B.

The purpose of the civic district (CD) is to provide for the orderly development of public and quasi-public facilities.

(Ord. No. 519, 8-8-2012; Ord. No. 555, § 1(Exh. A), 10-11-2023)

Primary uses are permitted in the open space, civic and agricultural zones subject to the requirements of this title as designated below:

A.

Principally permitted use, designated as "P";

B.

Conditionally permitted use, designated as "CUP"; and

C.

Administratively permitted use, designated as "AP."

Primary use types not listed or designated by a dash (-) are not permitted in that zone district.

Accessory uses and structures are permitted in the open space and civic subject to the requirements set forth in Chapter 17.96.

SEE CHAPTER 17.32 "PERMIT AND VARIANCE REQUIREMENTS" FOR INFORMATION ON USE PERMITS AND OTHER TYPES OF PERMITS THAT MAY BE REQUIRED, REGARDLESS OF HOW A USE IS CLASSIFIED IN THIS CHART.

Notes:

(1) Additional requirements are contained in Chapter 17.180.

(2) Additional requirements are contained in Chapter 17.132.

(3) Supportive and transitional housing are considered residential use types.

(4) Bed and breakfasts, with three or fewer rooms.

(5) Food service or distribution facilities are allowed in conjunction with this use with approval of an admin permit.

(6) These establishments are exempt from Municipal Code Chapter 6.20 (limitations on number of animals).

(7) Subject to the limitations set forth in Chapter 6.20 of the Colfax Municipal Code (limitations on number of animals).

(Ord. No. 519, 8-8-2012; Ord. No. 555, § 1(Exh. A), 10-11-2023)

A.

Permitted uses and structures shall comply with the city's adopted community design guidelines and any other applicable requirements of this title.

B.

Additional development standards shall be determined as part of an administrative permit or conditional use permit.

(Ord. No. 519, 8-8-2012)

A.

Permitted uses and structures shall comply with the city's adopted community design guidelines and any other applicable requirements of this title.

B.

Structures within 20 feet of a property line in any single-family (R-1), multi-family (R-M) or mixed-use zone (MU) shall comply with the lesser of the setback and height standards of the adjacent zoning district or a minimum setback of 6 feet plus one foot for every foot above 10 feet in height.

C.

Additional development standards shall be determined as part of an administrative permit or conditional use permit.

(Ord. No. 556, § 1(Exh. A), 12-13-2023)

This chapter provides regulations applicable to primary uses in the residential zoning districts established by Section 17.16.010 (zoning districts established). The residential zoning districts are as follows:

A.

Single-Family Residence District. The purpose of the single-family residence district (R-1) is to provide for areas in appropriate locations where quiet, low density residential neighborhoods may be established, maintained and protected. The regulations of this district are designed to promote and encourage a suitable environment for families, many of whom will have children. To this end the regulations permit the establishment of single-family dwellings and also permit, with proper controls, those public and quasi-public activities, such as schools, libraries, churches, parks and playgrounds, which serve the needs of families. The regulations are intended to prohibit the establishment or operation of any activity which would be inimical to such a residential environment.

B.

Multi-Family Residence District. The purpose of the multi-family residence district (R-M) is to provide for areas in appropriate locations where apartments, condominiums, townhouses, and other types of attached and detached housing in neighborhoods of varying degrees of density may be established, maintained and protected. The regulations of this district are designed to promote and encourage an intensively developed residential environment within walking distance of downtown. To this end the regulations permit, in accordance with the respective density district, multiple dwellings ranging from garden apartments to multi-story apartment houses, in addition to small-lot subdivisions and attached and detached for-sale housing with necessary public services and activities subject to proper controls.

C.

Residential Mobilehome Subdivision District. The purpose of the residential mobilehome subdivision district (R-MHS) is to permit and regulate the development of mobilehome parks within the city, as well as the design and placement of mobilehomes within such mobilehome parks. The provisions of this article shall apply to new mobilehome parks and to the expansion of existing mobilehome parks and shall be in addition to the applicable rules and regulations of the state for mobilehome parks.

(Ord. No. 519, 8-8-2012; Ord. No. 555, § 1(Exh. A), 10-11-2023)

Primary uses are permitted in residential zones subject to the requirements of this title as designated below:

A.

Principally permitted use, designated as "P";

B.

Conditionally permitted use, designated as "CUP"; and

C.

Administratively permitted use, designated as "AP."

Primary use types not listed or designated by a dash (-) are not permitted in that zone district.

Accessory uses and structures are permitted in residential zones subject to the requirements set forth in Chapter 17.96.

SEE CHAPTER 17.32 "PERMIT AND VARIANCE REQUIREMENTS" FOR INFORMATION ON USE PERMITS AND OTHER TYPES OF PERMITS THAT MAY BE REQUIRED, REGARDLESS OF HOW A USE IS CLASSIFIED IN THIS CHART.

Notes:

(1) Additional requirements are contained in Chapter 17.180.

(2) See Chapter 17.196 for second dwelling unit regulations.

(3) See Chapter 17.160 for large family day care home regulations.

(4) Bed and Breakfast establishments only, with five or fewer rooms.

(5) Additional requirements are contained in Chapter 17.136.

(6)  Supportive and transitional housing are considered residential use types.

(7) Food service or distribution facilities are allowed in conjunction with this use with approval of an admin permit.

(8) Subject to the limitations set forth in Colfax Municipal Code Chapter 6.20 (Limitations on Number of Animals).

(9) Employee housing serving six or fewer persons is considered single-family.

(10)(a) Low-barrier navigation centers requires that it offers services to connect people to permanent housing through a services plan that identifies services staffing;

  (b) It is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. "Coordinated entry system" means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(B), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment. and referrals;

  (c) It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code;

  (d) It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local homeless management information system defined by Section 578.3 of Title 24 of the Code of Federal Regulations.

(Ord. No. 519, 8-8-2012; Ord. No. 555, § 1(Exh. A), 10-11-2023; Ord. No. 559, § 1(Exh. A), 12-11-2024)

A.

Residential Development Standards. Permitted uses and associated structures shall comply with the following development standards, in addition to any other applicable requirements of this title:

RESIDENTIAL ZONE GENERAL DEVELOPMENT STANDARDS

Notes:

(1) These requirements shall be observed in the multi-family residence district (R-M), except where increased for conditional uses. All single-family dwellings in the R-M district shall conform to the height, area, lot width and yard requirements specified for the R-1-5 district.

(2) The general development standards for the R-MHS district may be modified through approval of a design review permit.

(3) Front setback (and side setback where adjacent to street) measured from back of walk. Fence side yard setback is five feet from back of walk where facing a street. In the absence of sidewalk, setbacks measured from the edge of right-of-way. In the case of corner lots, the shorter of the two frontages shall be deemed to be the front of the lot for the purposes of computing yard requirements. In the case of a lot having equal frontages or an irregularly shaped lot, the planning director shall determine the front of the lot in such a manner as to best promote the orderly development of the immediate area.

(4) Measured from the nearest element of the mobilehome to the closest edge of the street.

(5) Maximum coverage is a function of lot size, required setbacks and usable open space.

(6) The rear and side yards may be utilized to meet the minimum usable open space provided the minimum dimension, measured perpendicular to the applicable rear or side yard is ten (10) feet. A minimum usable open space of five hundred (500) square feet may be applied where a front porch is provided with minimum dimensions of six feet x six feet exclusive of entry way.

(7) Measured from any foundation location horizontal to a point parallel to the highest point of the building.

B.

Clear Vision Triangle, Residential. The following standards shall apply to the installation of structures on corner parcels:

1.

On a corner parcel, no fence, wall, hedge, sign or other structure, shrubbery, mounds of earth, or other visual obstruction between a height of two and one-half feet and ten (10) feet above the center line grades of the intersecting streets shall be erected, placed, planted, or allowed to grow within a residential clear vision triangle (see Chapter 17.12.030, definitions).

2.

The foregoing provision shall not apply to public utility poles; trees trimmed (to the trunk) to a line at least eight feet above the elevation of the intersection; saplings or plant species of open growth habits and not planted in the form of a hedge, which are so planted and trimmed as to leave, at all seasons, a clear and unobstructed crossview; supporting members of appurtenances to permanent structures existing on the date that the ordinance codified in this section becomes effective; and official warning signs or signals.

3.

The clear vision triangle standards are subject to mandatory code enforcement for health and safety reasons and discretionary code enforcement for aesthetic reasons.

C.

Exceptions to Height Limits. Notwithstanding the requirements of subsection 17.72.030A., the following structures are permitted to exceed the maximum height limits, as follows:

1.

Architectural Features, Mechanical Equipment. Chimneys, vents, and other architectural or mechanical appurtenances on buildings may be a maximum of fifteen (15) percent higher than the height limit of the applicable zone.

D.

Exceptions to Setbacks. Notwithstanding the requirements of subsection 17.72.030A., the following structures are permitted to encroach into the required development setbacks, as follows:

1.

Architectural features, such as, but not limited to, cornices, eaves, canopies and similar features, but not any flat wall or addition creating living space, may encroach up to two and ½ feet into any required setback.

2.

Bay windows, small balconies and chimneys may project into the required yard setback a distance not to exceed two and ½ feet, provided, however, such features shall not occupy in the aggregate more than one-fourth of the length of the wall of the building on which they are located. Large structures such as decks, second story decks, widow's walks, etc., are addressed in Chapter 17.96 (accessory uses and structures).

3.

Mechanical units such as air conditioning, heat pumps and power generating units may encroach up to three feet into a required side or rear yard setback.

4.

Uncovered stairs, landings and porches may encroach up to six feet into any yard setback; provided, however, such projections shall not extend above the entrance floor of the building, except for a railing, which shall not exceed the maximum height established by the California Building Code, as amended from time to time.

5.

Fire escapes may project into the required yard setback a distance not exceeding four and ½ feet.

6.

Side Yards—Projections. The projections set forth in subsections D.1—4. of this section shall be permitted in side yards; provided, however, they shall not extend nearer than three feet to a side lot line.

7.

Front Yards with Existing Buildings. In any residential district where twenty-five (25) percent or more of the lots in any block, exclusive of the frontage along the side of a corner lot, has been improved with buildings on or before August 24, 1967, the front yard required on each lot in such block shall be of a depth not less than the average depth of the front yards on the lots on which such existing buildings are located; provided, however, where a lot is between adjoining developed lots, the required front yard shall be not less than the average of the front yards existing on such adjoining lots or where a corner lot adjoins a developed lot fronting on the same street, the required front yard shall be equal to that existing on the adjoining developed lot, except that the front yard on a corner lot shall in no case be less than ten (10) feet. Detached garages or accessory buildings shall not be considered in determining such existing front yards. In any case, the required front yard shall not be greater than that required by the regulations for the district in which such lot is located.

E.

Manufactured Homes. Manufactured homes are permitted in residential zones provided they are certified as complying the California Building Code requirements for high fire severity zones and meet the following architectural standards:

1.

The manufactured home shall be covered with exterior material customarily used on conventional dwellings within the subdivision. The exterior covering material shall extend to the ground as close to grade as allowed by the manufacturer's recommendation;

2.

The manufactured home shall have a minimum of sixteen (16) inch roof overhangs and roofing material on the manufactured home shall be compatible with other dwellings existing in the area and shall consist of materials customarily used on conventional dwellings. The roof shall have a minimum two and one-half in twelve (12) pitch.

F.

All uses in the residential districts (R) must comply with any applicable requirements set forth in Article IV - general development regulations and Article V - special area and specific use regulations.

(Ord. No. 519, 8-8-2012; Ord. No. 555, § 1(Exh. A), 10-11-2023)

The following development standards shall apply in the residential mobilehome subdivision district (R-MHS):

A.

General. The planned mobilehome subdivision development shall be designed and developed in a manner compatible with and complementary to existing and potential residential developments in the immediate vicinity of the project site.

1.

Site Area. Each planned mobilehome subdivision development shall be not less than ten (10) acres in area.

2.

Fences and Walls. Each planned mobilehome subdivision development shall be entirely enclosed at its exterior boundaries by appropriate decorative screening or landscaping material; provided, however, such screening, when located within a front yard, shall be constructed at or behind the required setback.

3.

Perimeters. Site planning on the perimeters shall give consideration to the protection of the property from adverse surrounding influences, as well as to the protection of the surrounding areas from potentially adverse influences within the development.

A setback of at least fifty (50) feet from the center line shall be maintained by any mobilehome, building or structure, except a wall or fence, from any street along an exterior boundary of the development; provided, however, when such street has a right-of-way width greater than sixty (60) feet, a setback of twenty (20) feet from the nearest edge of the right-of-way of such street shall be maintained. Otherwise a setback of not less than fifteen (15) feet from an exterior boundary shall be maintained.

4.

Common Open Space. At least one substantial common open space having a minimum of two hundred fifty (250) square feet per lot and a minimum dimension of one hundred (100) square feet and a slope of not more than two and one-half percent shall be provided. Completely enclosed indoor recreation facilities shall be provided and shall consist of not less than ten (10) square feet for each lot. Outdoor recreational facilities shall provide for both active and passive recreation. Such recreation area shall be landscaped, improved and maintained.

5.

Storage Areas. Common storage areas shall be provided within an enclosed fenced area for the residents of the planned mobilehome development for the storage of recreational vehicles, trailers, travel trailers and other licensed or unlicensed vehicles. Such area shall be not less than fifty (50) square feet for each lot.

6.

Parking. Parking spaces in planned mobilehome subdivision developments shall be as follows:

a.

Two spaces on each lot with dimensions of no less than nine feet by twenty (20) feet for each space. Such spaces may be in tandem;

b.

In addition to the spaces required by subsection A.6.a. of this section, one guest space for each five lots located within four hundred (400) feet of the farthest lot shall be provided; and

c.

In addition to those spaces required by subsections A.6.a. and b. of this section, one vehicle parking space for each ten (10) lots, and one class I bicycle parking space for every fifteen (15) lots, shall be provided at the recreation center.

7.

Sewers and Water. Each lot in a planned mobilehome subdivision development shall be provided with water and sewer connections in accordance with the regulations set forth in Title 25 of the California Administrative Code. Water shall be provided by a water company having a valid permit from the department of health of the state or the department of public health of the county. Public sewers shall be provided by a public agency which has obtained discharge requirements approved by the appropriate regional water quality control board. Individual sewage disposal systems shall be approved by the department of public health of the county.

8.

Undergrounding. All sewer and water facilities and electric, gas, telephone and television signal distribution systems shall be placed underground.

9.

Antennas. Television reception shall be by means of cable television or a master antenna system. No other exterior television antennas shall be permitted.

10.

Landscaping. All areas in a planned mobilehome subdivision development not used for parking, circulation, buildings and service areas shall be completely and permanently landscaped. The planned mobilehome development shall relate harmoniously to the topography of the site and, where feasible, make suitable provisions for the preservation of watercourses, wooded areas, rough terrain and similar natural features and areas and shall otherwise be so designed as to use such natural features and amenities to their best advantage.

11.

Fire Protection. Fire protection systems shall be as required by the commission.

12.

Lighting. Artificial light should be provided and maintained for walks, driveways, parking areas and other facilities, as set forth in Title 25 of the California Administrative Code, to assure safe and convenient nighttime use.

13.

Signs. Signs shall conform to the provisions of Chapter 17.112 of this title.

14.

Architectural Control. All mobilehomes will be subject to architectural approval via design review. Natural colors and textures in materials shall be encouraged. Only nonglare siding and roofing will be allowed. Complete skirting shall be required and shall match or blend with the exterior siding of the mobilehome.

B.

Streets. All streets within the planned mobilehome development shall be improved to county road standards for the particular classification of street and all such streets shall be offered for dedication to the public. Dead-end or cul-de-sac streets shall be limited to two hundred (200) feet in length.

C.

Modification of Requirements. Modifications of the development criteria set forth in this section may be granted by the planning director when it determines that such modifications will not be detrimental to the subject development, adjacent properties or the public interests; provided, however, no modification shall be granted from the density requirements nor from the total open space area requirements set forth in this section.

D.

Occupancy Guidelines. The following occupancy guidelines shall apply in mobilehome parks:

1.

Lot Maintenance. All spaces shall remain under the direct control of the management. Residents shall maintain their spaces in a clean, well-kept and attractive fashion, including the front, sides and back. If a space is neglected, the management shall reserve the right to take over its care and bill the resident for such services. All trash, debris, boxes, barrels, tools, ladders and the like shall be out of sight. Only patio, lawn and barbecue furniture and equipment may be on the outside of the mobilehome. When a space is vacated, all structures, awnings and footings shall be removed and the lot left in its original condition. Residents may not make any structural change to the lot or alter or paint any park property, including curbs, driveways, trees and utility islands.

2.

Lot Usage. No repairing or minor servicing of cars shall be permitted in driveways, carports or streets. Any car dripping gasoline or oil shall be fixed to avoid damage to the paving. Driveways shall be kept clean of oil stains. Storage under mobilehomes shall not be permitted.

3.

Landscaping. The full front, side and rear yards shall be landscaped within ninety (90) days following occupancy. Landscaping should consist of plantings and groundcover. Rock, bark, gravel or artificial groundcover may be used with approval. It shall be the residents' responsibility to provide an entry walk from the street to the mobilehome raised deck. Residents shall maintain landscaping at all times. Residents shall obtain internal management approval prior to installing irrigation systems or digging below twelve (12) inches so as not to damage underground utilities.

There are two mixed use zoning districts.

Mixed Use - 1 is applied to Main Street in the Historic Downtown (MU-1) and is intended to retain the historic character of the downtown while providing a vibrant mix of uses in an attractive area where the community and visitors gather to shop, socialize, and recreate, and where residents can live. This district requires that the ground-floor spaces with street frontage be accessible to the public and that uses generate walk-in clientele to contribute to and activate the pedestrian experience along Main Street. Appropriate ground-floor uses with street frontage include retail shops, cafes, restaurants, and other similar uses that generate pedestrian traffic. Spaces without ground-floor street frontage are intended for uses such as offices, residential, and lodging.

The Mixed Use - 2 zoning district applies to the neighborhoods adjacent to the Historic Downtown and along segments of S. Auburn Street. This zone provides areas in which residents can live, work, shop, worship, socialize, and obtain public services. A mix of land uses with varying degrees of intensity determined by location are allowed in the MU-2 zone. Commercial uses that are appropriate among single-family and multifamily residences are intended for the MU-2 zone, with more intense uses limited through conditional and administrative use permits to areas along E. Grass Valley Street and South Auburn Street. Different land uses can be in the same building or on the same site.

(Ord. No. 555, § 1(Exh. A), 10-11-2023)

Primary uses are permitted in mixed use zones subject to the requirements of this title as designated below:

A.

Principally permitted use, designated as "P";

B.

Conditionally permitted use, designated as "CUP"; and

C.

Administratively permitted use, designated as "AP."

Primary use types not listed or designated by a dash (-) are not permitted in that zone district. Any single use that occupies more than five thousand (5,000) square feet in the MU-1 zone or more than eight thousand (8,000) square feet in the MU-2 zone is subject to a conditional use permit.

Accessory uses and structures are permitted in mixed use zones subject to the requirements set forth in Chapter 17.96.

Notes:

(1) Only allowed on the second story or on ground floor portions of buildings that are no less than 30 feet from the front property line.

(2)(a) It offers services to connect people to permanent housing through a services plan that identifies services staffing.

 (b) It is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. "Coordinated entry system" means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.

 (c) It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.

 (d) It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local homeless management information system as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.

(3) Additional requirements are contained in Chapter 17.180.

(4) Additional requirements are contained in Chapter 17.148.

(5) Additional requirements are contained in Chapter 17.144.

(6) Additional requirements are contained in Chapter 17.140.

(7) Additional requirements are contained in Chapter 17.160

(8) These establishments are exempt from Municipal Code Chapter 6.20 (limitations on number of animals).

(9) Additional requirements are contained in Chapter 17.164

(10) Additional requirements are contained in Chapter 17.132

(Ord. No. 555, § 1(Exh. A), 10-11-2023; Ord. No. 558 , § 1(Exh. A), 9-11-2024; Ord. No. 559, § 1(Exh. A), 12-11-2024)

The general development standards of the Retail Commercial (C-R) zone contained in section 17.76.030 shall apply to the MU-1 and MU-2 zones, except that in the MU-1 zone, the front yard setback shall not exceed three feet.

(Ord. No. 555, § 1(Exh. A), 10-11-2023)

In the downtown mixed-Use (MU-1) zone, the maximum floor area ratio (FAR) allowed is 2.0 and a minimum of six hundred twenty-five (625) square feet of net parcel area is required per dwelling unit.

In the mixed-use (MU-2) zone, the maximum floor area ratio (FAR) is 1.5 and the allowed residential density is ten (10) to twenty-nine (29) dwelling units per acre.

For the purposes of this section, the calculation of FAR shall include all residential floor area on a parcel in addition to floor area as defined in section 17.12.030 of this title.

(Ord. No. 556, § 1(Exh. A), 12-13-2023)

This chapter provides regulations applicable to primary uses in the commercial zoning districts established by Section 17.16.10 (zoning districts established). The commercial zoning districts are as follows:

A.

Retail Commercial District. The purpose of the retail commercial district (C-R) is to provide for areas where shopping centers may be established to serve surrounding residential neighborhoods and the outlying districts. The regulations of this district are designed to promote a combination of retail and service facilities to meet the needs of residents of the surrounding area.

B.

Highway Commercial District. The purpose of the highway commercial district (C-H) is to provide for areas in appropriate locations adjacent to thoroughfares where activities dependent upon or catering to thoroughfare traffic may be established, maintained and protected. The regulations of this district are designed to encourage centers for retail, commercial, entertainment, automotive and tourist housing facilities and other appropriate highway-related activities. Zoning regulations for this district are provided in more detail in the I-80 corridor revitalization district.

(Ord. No. 519, 8-8-2012)

Primary uses are permitted in commercial zones subject to the requirements of this title as designated below:

A.

Principally permitted use, designated as "P";

B.

Conditionally permitted use, designated as "CUP"; and

C.

Administratively permitted use, designated as "AP."

Primary use types not listed or designated by a dash (-) are not permitted in that zone district.

Accessory uses and structures are permitted in commercial zones subject to the requirements set forth in Chapter 17.96.

SEE CHAPTER 17.32 "PERMIT AND VARIANCE REQUIREMENTS" FOR INFORMATION ON USE PERMITS AND OTHER TYPES OF PERMITS THAT MAY BE REQUIRED, REGARDLESS OF HOW A USE IS CLASSIFIED IN THIS CHART.

Notes:

(1) Additional requirements are contained in Chapter 17.128.

(2) Additional requirements are contained in Chapter 17.148.

(3) Additional requirements are contained in Chapter 17.144.

(4) Additional requirements are contained in Chapter 17.140.

(5) Additional requirements are contained in Chapter 17.164.

(6) Additional requirements are contained in Chapter 17.132.

(7) Additional requirements are contained in Chapter 17.136.

(8) Additional requirements are contained in Chapter 17.180.

(9) Supportive and transitional housing are considered residential use types.

(10) See Chapter 17.196 for accessory dwelling unit regulations.

(11) Food service or distribution facilities are allowed in conjunction with this use with approval of an admin permit pursuant to Chapters 17.144 and 17.148.

(12) Kennels are also subject to the regulations set forth in Colfax Municipal Code Chapter 6.12 (kennels).

(13) These establishments are exempt from Municipal Code Chapter 6.20 (limitations on number of animals).

(14)  Additional requirements are contained in Chapter 17.176.

(15) Additional requirements are contained in Chapter 17.160.

(Ord. No. 519, 8-8-2012; Ord. No. 542, § 1(Exh. B), 7-8-2020; Ord. No. 555, § 1(Exh. A), 10-11-2023)

A.

General. Permitted uses and structures shall comply with the city's adopted community design guidelines, applicable specific plans, approved design review permit and any other applicable requirements of this title.

B.

Maximum Height. Notwithstanding these requirements referred to in subsection A. of this section, maximum height limits in the commercial zoning districts are as follows unless otherwise modified by an approved design review permit or specific plan:

C.

Clear Vision Triangle, Nonresidential. The following standards shall apply to the installation of structures on corner parcels:

1.

On a corner parcel, no fence, wall, hedge, sign or other structure, shrubbery, mounds of earth, or other visual obstruction over thirty-six (36) inches in height above the top of the existing or planned curb elevation shall be erected, placed, planted, or allowed to grow within a commercial clear vision triangle (see Chapter 17.12, definitions). The foregoing provision shall not apply to public utility poles; trees trimmed (to the trunk) to a line at least eight feet above the elevation of the intersection; saplings or plant species of open growth habits and not planted in the form of a hedge, which are so planted and trimmed as to leave, at all seasons, a clear and unobstructed crossview; supporting members of appurtenances to permanent structures existing on the date that the ordinance codified in this chapter becomes effective; and official warning signs or signals.

2.

The clear vision triangle standards are subject to mandatory code enforcement for health and safety reasons and discretionary code enforcement for aesthetic reasons.

D.

Area, Lot Width and Yards.

1.

The following minimum requirements shall be observed in the retail commercial district (C-R), except where increased for conditional uses:

2.

The following minimum requirements shall be observed in the highway commercial district (C-H), except where increased for conditional uses:

E.

Exceptions to Height Limits. Notwithstanding the requirements of subsection 17.76.030B., the following structures are permitted to exceed the maximum height limits, as follows:

1.

Architectural Features, Mechanical Equipment. Chimneys, vents, and other architectural or mechanical appurtenances on buildings may be a maximum of fifteen (15) percent higher than the height limit of the applicable zone.

F.

All uses in the commercial districts must comply with any applicable requirements set forth in Article IV - general development regulations and Article V - special area and specific use regulations.

(Ord. No. 519, 8-8-2012Ord. No. 555, § 1(Exh. A), 10-11-2023)

This chapter provides regulations applicable to primary uses in the industrial zoning district established by Section 17.16.10 (zoning districts established). The purposes of the industrial zoning district are to designate areas appropriate for the maintenance, establishment and protection of light industrial uses and heavy industrial uses, where uses do not produce objectionable effects observable beyond the boundaries of the site.

Industrial uses that have limited outdoor storage and the emission of limited amount of visible gasses, particulates, steam, heat, odor, vibration, glare, dust, and noise may be compatible operating in relatively close proximity to commercial and residential uses. These uses include indoor manufacturing, processing, assembly, high technology, research and development and storage uses.

Wholesale and heavy commercial activities and industrial processes are subject to approval of administrative permits or conditional use permits, and are to be limited to areas of the industrial zone not close to commercial and residential uses.

(Ord. No. 519, 8-8-2012; Ord. No. 556, § 1(Exh. A), 12-13-2023)

Primary uses are permitted in industrial zones subject to the requirements of this title as designated below:

A.

Principally permitted use, designated as "P";

B.

Conditionally permitted use, designated as "CUP"; and

C.

Administratively permitted use, designated as "AP."

Primary use types not listed or designated by a dash (-) are not permitted in that zone district. Any use that occupies more than 15,000 square feet of indoor area, outdoor area, or a combination of indoor and outdoor area in the Industrial zone is subject to a conditional use permit.

Accessory uses and structures are permitted in industrial zones subject to the requirements set forth in Chapter 17.96.

SEE CHAPTER 17.32 "PERMIT AND VARIANCE REQUIREMENTS" FOR INFORMATION ON USE PERMITS AND OTHER TYPES OF PERMITS THAT MAY BE REQUIRED, REGARDLESS OF HOW A USE IS CLASSIFIED IN THIS CHART.

Notes:

(1) Additional requirements are contained in Chapter 17.164.

(2) Additional requirements are contained in Chapter 17.148.

(3) Additional requirements are contained in Chapter 17.144.

(4) Additional requirements are contained in Chapter 17.140.

(5) Additional requirements are contained in Chapter 17.132.

(6) Additional requirements are contained in Chapter 17.136.

(7) Additional requirements are contained in Chapter 17.180.

(8) Food service or distribution facilities are allowed in conjunction with this use with approval of an admin permit.

(9) Kennels are also subject to the regulations set forth in Colfax Municipal Code Chapter 6.12 (kennels).

(10) These establishments are exempt from Municipal Code Chapter 6.20 (limitations on number of animals).

(11) Additional requirements are contained in Chapter 17.176.

(12) Additional requirements are contained in Chapter 17.163.

(Ord. No. 519, 8-8-2012; Ord. No. 542, § 1(Exh. B), 7-8-2020; Ord. No. 556, § 1(Exh. A), 12-13-2023)

A.

General. Permitted uses and structures shall comply with the city's adopted community design guidelines, applicable specific plans, and any other applicable requirements of this title.

B.

Maximum Height. There shall be no height requirements in the industrial districts, except that within one hundred (100) feet of the boundary of any adjoining district, no building shall exceed the height limit established for a main building in such adjoining district.

C.

Exceptions to Height Limits. Notwithstanding the requirements of subsection 17.80.030B., the following structures are permitted to exceed the maximum height limits, as follows:

1.

Architectural Features, Mechanical Equipment. Chimneys, vents, and other architectural or mechanical appurtenances on buildings may be a maximum of fifteen (15) percent higher than the height limit of the applicable zone.

D.

Area, Lot Coverage and Yards. There shall be no area, lot coverage and yard requirements in the industrial districts, except that for any parcel in an industrial district having a lot line in common with a lot in an adjoining district or lying directly across a street or alley (other than a freeway) from such adjoining district, the front, side and rear yards as prescribed for such adjoining district shall be maintained.

E.

Fences and Walls. Any area outside of a building in the industrial districts used for an activity other than off-street parking and loading shall be completely enclosed or screened appropriate to that use so that the use does not interfere with or infringe upon adjacent properties or traffic.

F.

All uses in the industrial districts must comply with any applicable requirements set forth in Article IV - general development regulations and Article V - special area and specific use regulations.

(Ord. No. 519, 8-8-2012)

The overlay and special purpose zone districts established by this title provide guidance for development and new land uses in addition to the standards and regulations of the applicable zoning districts, where important site, neighborhood, or area characteristics require particular attention in project planning.

(Ord. No. 519, 8-8-2012)

A.

Findings. The city council finds establishment of the historic zone necessary to achieve the cited mitigation of the community design element and implementation of the Colfax General Plan 2020 with the following findings:

1.

The historic zone will maintain the small town character that makes Colfax a desirable place to live;

2.

The historic zone will maintain and enhance the city's character and visual appearance in order to create a quality fixture community; and

3.

The historic zone will maintain and enhance the historic resources, qualities and character of the city.

B.

Purpose and intent. The purpose and intent of the historic zone is to establish an area that will maintain and enhance the city's character and visual appearance in order to create a quality future community; and to continue to maintain and enhance the historic resources, qualities and character of the city.

C.

The Historic district overlay zone is as shown on the current zoning map on file with the city clerk.

D.

All uses in the historic zone must comply with any applicable requirements set forth in Article IV - general development regulations and Article V - special area and specific use regulations.

(Ord. No. 519, 8-8-2012)

Editor's note— Ord. No. 556, § 1(Exh. A), adopted Dec. 13, 2023, repealed § 17.84.030, which pertained to "SD" Special development overlay zone and derived from Ord. No. 519, 8-8-2012.

The purpose of the planned development is to allow diversification in the relationships of uses, building design, placement and open spaces in planned building groups, thus ensuring substantial compliance with the intent of the district regulations and other provisions of this title relating to the public health, safety and general welfare and at the same time securing the advantages of large scale site planning for residential, commercial and industrial developments or combinations thereof.

(Ord. No. 519, 8-8-2012)

No planned development shall have an area of less than one acre.

(Ord. No. 519, 8-8-2012)

Applications for planned developments which will require a change in zoning districts shall be accompanied by an application for an amendment to the provisions of this title. Applications for planned developments shall also be accompanied by a planned development plan, showing the uses, dimensions and locations of the proposed structures and of the areas to be reserved for vehicular and pedestrian circulation, parking, public uses, such as schools and playgrounds, landscaping and other open spaces and architectural drawings and sketches demonstrating the general design and character of the proposed uses and the physical relationship of the uses. Such other pertinent information, including the density of the dwelling units, coverage and open space characteristics, shall be included as may be necessary to make a determination that the contemplated arrangement of buildings and uses makes it desirable to apply regulations and requirements differing from those ordinarily applicable pursuant to the provisions of this title.

(Ord. No. 519, 8-8-2012)

Subject to the review and approval of the planning commission, planned developments in the agricultural (A), single-family residence (R-1) and multi-family residence (R-M) districts may include any use listed as a permitted, accessory or conditional use in any of such districts as set forth in Chapters 17.68 and 17.72 of this title. Incidental to such residential uses, limited commercial development may be permitted in the amount of not more than one thousand two hundred (1,200) square feet of commercial floor area for each fifty (50) dwelling units within the planned unit development.

(Ord. No. 519, 8-8-2012)

Subject to the review and approval of the planning commission, planned developments in the retail commercial (C-R) and highway commercial (C-H) districts may include any use permitted by the provisions of Section 17.88.040 of this chapter, plus any use listed as a permitted, accessory or conditional use in any of such districts as set forth in Chapter 17.76 of this title.

(Ord. No. 519, 8-8-2012)

Subject to the review and approval of the planning commission, planned developments in the industrial district (I) may include any use listed as a permitted, accessory or conditional use in such district as set forth in Chapter 17.80 of this title.

(Ord. No. 519, 8-8-2012)

The approval authority for planned developments is the planning commission. In approving a planned development permit, the planning commission must make the findings set forth in subsection 17.40.070H.

(Ord. No. 519, 8-8-2012)

Upon reviewing applications for proposed planned developments, the planning commission shall consider the following principles:

A.

That it is the intent of this chapter that site and building plans prepared for a planned development shall be prepared by a designer or team of designers having professional competence related to the use proposed in the application. The planning commission may require the applicant to engage such a qualified designer or design team; and

B.

That it is not the intent of this chapter that control of the design of a planned development by the planning commission be so rigidly exercised that individual initiative shall be stifled and substantial additional expense incurred; rather, it is the intent of this chapter that the control exercised be the minimum necessary to achieve the purposes of this title.

(Ord. No. 519, 8-8-2012)